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HomeMy Public PortalAbout1993 (2)MINUTES OF JANUARY 119 1993 The Beaumont City Council met in a regular meeting on Monday, January 11, 1993, at 6 :06 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. The City Attorney requested that.Agenda Item No. 9 be moved to closed session on the grounds that it is pending litigation. The City Manager requested that Agenda Item No. 6 be withdi,awn.` There being no objections, Item No. 9 was moved to a Closed` session and Item No. 6 was withdrawn from the agenda. 3. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. 4. Request by Council Member Russo for Reconsideration of Agreement for Storage and /or Auction of Forfeited Personal Property /Forfeited Vehicles /Real Estate and City Surplus Property, and Authorization for the Mayor to Execute Same. Council Member Russo said the reason he asked for reconsideration of this agenda item is he wasn't comfortable, after reading all the back -up material, as to why the City is making the change and going from a local auction company to a company in Modesto. Some of the information he received over the last few months would indicate the City previously had a problem with the organization in Modesto, and now we are proposing to go back with them. He would like to have this clarified. The second issue is it would seem that the organization they are proposing to go with takes a higher commission on the goods sold than the local company, and he would like to know how the City will come out ahead by going with the company in Modesto. Chief Smith responded to Council Member Russo's questions, stating that, prior to his arrival, the City was using Ernst and Associates in Modesto. Apparently, there were some paperwork problems with which a couple of members of the d partment took issue. The City didn't lose any property, but supposedly paperwork was sent to them which was lost. Chief Smith's investigation into this revealed that, basically, what was happening, the City was using these auctioneers for storage of property (as other agencies were doing) prior to -a Court authorization to sell it. This caused some friction.between the agency and the City, especially when this person comes down from Modesto with a tractor- trailer and takes cars and property,, up there, then we send them a letter and tell there to bring it, back,. So they had to address that within their organization. Page 1 / d r.- mont City Council ;i ►ry 1, 1993 In the meantime, someone recommended the City go with United Auction in Upland, resulting in a contract with them, and the first time the City attempted to sell property there was a disaster. Two officers from the City attended the sale in order to witness it, but were given the wrong times to be there. ''A lot of the property was asset property, which can't just be lotted and sold, because those funds have to be broken out in each individual case. That property had already been sold when the officers arrived. In addition, an employee of the company had purchased some of the property for another individual, resulting in Chief Smith sending letters to the President of the Company voicing a lot' of displeasure with the policy of allowing an employee to purchase property at a considerably lower price than what it had been valued at. Also, in reviewing the records of another sale with them, they overcharged the City, resulting in the Chief having to write another letter to obtain the refund. Because of these problems, the Chief was not comfortable with this organization. They charge the City $55.00 to take a car from Beaumont to Upland, whereas, Ernst and Associates, while charging a higher fee, comes down to Beaumont and picks up the vehicles at no charge to the City, unless a vehicle has to be returned to Beaumont for some reason or other. United doesn't charge as much, but they do charge to pick up vehicles and miscellaneous property. In his opinion, it is cheaper for his organization to have the auction company handle everything - pick up - sale - etc., rather than try to send an officer down or having to ask public works to donate a truck and a person to run over for a couple of hours to haul property for them. This was his rationale in recommending the City go back to Ernst and Associates, as he feels they have their paperwork problem taken care of with a computer system. There was never any property lost, just a paperwork problem. There was some discussion that the City would get more money by going with United Auction, and he doesn't know if that is a real consideration in light of the other problems which have been experienced. Council Member Russo asked if a lot of other local agencies use United, or do they have this reputation generally. Chief Smith replied there are local agencies that use United, and he doesn't know if they have had any problems, however, the City was fortunate in that they sent two officers there and got this personal information back. If other agencies do not follow up like that, or you don't review the paperwork well enough, you don't really know how the sale went. He, personally, was just really uncomfortable with them. Council Member Russo said one of his concerns is that it`;'seemed it would be easier if it was close enough to go down and witness a sale, whereas, that would be impossible, with the sale located:in Modesto, since it would be too far out of reach to do any p61icing of it at all. Does he feel that comfortable with a company. that we experienced problems with in the past, and are now going back with no way of checking on them. Council Member Russo continued that he just wanted to make `;sure the City is getting everything they can out of it. Chief Smith advised that he has personally toured the facilities at Ernst and Associates, as prior to coming to Beaumont he used them as an auctioneer before, and their security and accountability for the equipment is good. Unfortunately, in trying to switch a computer over they dropped many items. Council Member Russo clarified they lost City property, at Ieast Page 2 Be font City Council ia. ,ary 11, 1993 on paper, for awhile. Chief Smith confirmed it was just on paper, as the City knew it had been sent up there, they just dropped it off their paperwork, and part of the problem was a lot of agencies were using them as a storage facility, and it was something a business like that couldn't incur, because they do pick up your property and sell it for you without the carrying charge. Mayor Leja asked if the company that we are leaving as compared to the company we are proposing to go back to - do they auction to a wider range of people, resulting in a higher price for City property, with Chief Smith replying they do draw a large statewide clientele, as they do a lot of Bureau of Narcotics Enforcement, so they get the planes, houses, etc., and they put out a lot of advertisement for their sales. They run their auctions on time. The paperwork required - whether it is asset forfeiture property or other items which have to be accounted to the State, has never been a problem. Mayor Leja then asked if the money the City received from the local group, as compared to items auctioned by Ernst and Associates, been comparable, or has the City received a better price from Modesto. Chief Smith indicated he would have to research that as they had only one sale there, but he did know they sold one vehicle for the City, and received about what they thought would be book price. Council Member McLaughlin stated if an officer has to attend these sales, and the City is paying for it, he is not doir;g the City any good so far as taking care of what may be happening in the City, and with the shortage of police personnel, the City should consider this cost. Council Member Brey pointed out one of the things to consider is there is no money out of the City's pocket to send the items to Modesto, and if the City has to either haul the items, or pay the Upland company to pick them up, it does cost the City up front, whereas by using the Modesto company it is not costing the City anything up front. Council Member Russo said he couldn't see judging a company on one bad day at the auction, and it is going to cost the City somewhere - the Modesto company is going to cover their costs somehow, so somehow the City is going to pay. Council Member Bray acknowledged they are taking a higher percentage, however, they are taking the risk of coming down here and picking the items up. Mayor Leja added that the City would be receiving the benefit of a statewide auction which draws more people. Council Member Russo said he understood that Upland draws a large number of people too, and he believes it would be better to keep it local, and if there is a problem and you wanted to go down and see what is going on, it would be easy to do, where having to go to Modesto would be a problem. He added that although they don't charge the City to haul the property to Modesto, he is certain that somewhere along the line the City is paying for hauling that vehicle up there. Council Member Russo requested a new vote on the matter. Motion by Council Member Brey, second by Council Member McLaughlin, to approve the agreement between the City of Beaumont and Roger Ernst & Associates, Inc. for storage and /or auction of personal property, motor vehicles and City surplus property, and authorize the Mayor to execute same. Page 3 Beaumont City Council i iary 11, 1993 AYES: Council Member Brey, McLaughlin, Parrott and Mayor Leja. NOES: Council Member Russo. ABSTAIN: None. ABSENT: None. 5. Request by Council Member Russo for Reconsideration of 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. Council Member Russo said his concern is the method to be used for hearing any discrepancies, as he understands the way the ordinance is written the Planning Commission is designated as the hearing board. The City Attorney confirmed that the Planning Commission would be the hearing board for administrative citations, which is one of the three types of citations involved. The City Attorney went on to state that after doing some research in the area of nuisance abatement, it was his opinion that the City needed an appellant division for administrative citations, and that, essentially, would be the City Council, which means the City needed some neutral hearing officer. After considering other options, it was decided the Planning Commission could serve in this capacity as an added responsibility. Council Member Russo questioned what types of issues would be considered for an administrative citation - are they mostly business related - cars in the backyard, etc., with the City Attorney responding it could be any type of nuisance, as the decision would be made on a case by case basis. Council Member Russo then asked if it were possible to use members of the community as the hearing board, with the City Attorney stating a local attorney could be used, members of the community, etc., but in a community of this size it appeared utilizing the Planning Commission was the best solution. Discussion continued concerning the options available to the City in establishing this hearing board, with Council Member Russo emphasizing his basic thought was to get the community involved in policing themselves. At the conclusion of the discussion, it was determined the majority of the Council would like to establish a hearing board other than the Planning Commission. The City Manager suggested, in the interest of allowing the ordinance to go forward without further delay, the Council allow the first reading approval to stand, with the understanding staff will provide an amendment to the ordinance quickly. In this manner, the ordinance would go into effect thirty days after the second reading. Council Member Russo withdrew his request for reconsideration, as a result the approval of Ordinance No. 713 at its first reading on December 14, 1992 remains in effect, with the second reading to be noticed for the regular Council meeting of January 25, 1993. 6. Consider Memorandum of Understanding - License Agreement Between City of Beaumont and Beaumont- Cherry Valley Water District for Use of a Firing Range located in Bogart Park. This agenda item was withdrawn at the request of the City Manager under adjustments to agenda. 7. ORDINANCE NO. 712 - Second 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. Page 4 - eallmont City Council Jai ry 11 , 1993 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. AYES: Council Member Bray, 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. 712 at its second reading. Motion by Council Member McLaughlin, second by Council Member Brey, to adopt Ordinance No. 712 at its second reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 8. ORDINANCE NO. 714 - Second Reading - Repealing Section 2.12.070 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). Motion to Read Ordinance No. 714 by title only. Motion by Council Member McLaughlin, second by Council Member Brey, to read Ordinance No. 714 by title only. AYES: Council Member Bray, 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. 714 at its second reading. Motion by Council Member McLaughlin, second by Council Member Brey, to adopt Ordinance No. 714 at its second reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 9. Consider Association of Counsel in the Case of Four Corners Pipe Line vs City of Beaumont, et al., as Requested by Insurance Company of the West. This agenda item was moved to a closed session at the request of the City Attorney under adjustments to agenda. 10. Reports and /or Appointments. Appointment to LAFCO: Council Member Parrott congratulated Mayor Leja on her appointment to the Local Agency Formation Commission (LAFCO). Finance Committee: Council Member Russo reported the Finance Committee met on January Page 5 Be; ont 'ity Council. January li, 1993 7, with discussion of the 1991 -92 draft audit which has not been completed, nor has the management letter been received. A number of other items were discussed, resulting in the Finance Committee recommending the City Council approve payment of the following outstanding debts: 1) To an individual, Mr. Howard Oram, to replace some tools that were loaned to the park committee, and which were stolen along with City equipment, in the amount of $802.58; 2) Beaumont Concrete for $3,656.34 for concrete for the basketball courts; and 3) To Baldi Bros. Construction for landscaping at the police department in May of 1989, in the amount of $14,062.52. In addition, authorization was given by the Finance Committee for purchase of a copy machine in the City Manager's office in order to take advantage of a special promotion price of $95.49 a month for 48 months, plus a $450.00 buyout at the end of the contract, with all maintenance provided for the term of the contract at no cost to the City. This cost for a new machine will be less than the current yearly maintenance contract on the. old machine. Because of the very good price, and the limited term of the special promotion, the Finance Committee felt they could go ahead and authorize this purchase without bringing it to the Council. Direction was given to the City Manager to have the asset seizure funds deposited to the City's regular bank account, with those funds to be monitored through the normal process within the City Finance Department. Authorization for Payment of Outstanding Debts as Recommended by the Finance Committee: Motion by Council Member Bray, second by Council Member McLaughlin, to authorize payment of three outstanding debts as recommended by the Finance Committee in their report dated January 7, 1993. These debts are as follows: Mr. Howard Oram $ 802.58 Beaumont Concrete 3,656.34 Baldi Bros. Construction 14,062.52 AYES: Council Member Bray, McLaughlin, Parrott, Russo Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. There were no other committee reports. 11. Status Report from Infrastructure Consulting Team on Facilities District No. 93 -1. Mr. George McFarlin, Bond Counsel to the City, submitted staff report to the City Council, a copy of which is a record in the Clerk's file. Community a 'written matter of He then addressed the two proposed agreements which reflect a number of meetings they have had in the past several weeks. One of these agreements is with the Beaumont Unified School District and the other is with the Beaumont - Cherry Valley Water District and the San Gorgonio Pass Water Agency. These agreements contain terms under which the City will provide financing in exchange for the construction of various facilities. It is their hope these cooperative agreements will be approved by the Council and Boards of the various agencies by the end of Page 6 Beaumont City Council J jary 11, 1993 January. The consulting team's recommendation is the two agreements be referred to the Finance Committee for review, with a rpnnmmPndnfinn heck to the City Council on January 25. Mayor Leja asked for clarification that the school district is expecting an agreement by the 25th, with Mr. McFarlin indicating they are hoping to take an agreement to their board by the 25th. He then explained it is a relatively simple agreement - basically an available funds type of agreement for certain school facilities based on mitigation fees they are proposing to adopt from their December, 1992 study. Mayor Leja then asked Mr. McFarlin to outline what occurred at the meeting that was held with the school district just before the New Year. Mr. McFarlin advised they met with Mrs. Russo, one of the trustees, and the superintendent, and discussed the school district's needs, or projected needs, over the next several years for facilities. They are facing a reduction in State funding like all public agencies, and are looking for an alternative for funding their needs as the community develops. He continued that there is also a change in the law which could restrict the amount they can collect from a new property coming on line. They have held public hearings to establish a mitigation fee for school facilities, and alternative financing, (rather than collecting it directly from the developer) would be to collect it from the funding that the City is proposing - out of the City's financing program - and then it would be levied against the developer's property. This would enable the school district to collect a lump sum, and allow them to acquire sites, or negotiate for construction of a complete school facility. It would also allow the developer to pass the cost of the school financing on to the eventual property owner, who would pay for it over a period of time. He concluded that this is the type of structure they are discussing with the school district. Mayor Leja pointed out it will be a very big advantage for them for the City to proceed in this manner, as they can then go to the State and inform them they can finance these facilities. Mr. McFarlin agreed, stating further that in that way the developers are funding their proportionate share, or more than half of the cost, of educating the students, so that the money does not have to be sent to the State and can be used for local construction or site acquisition. Council Member Russo asked what the present status is of the facilities district which the school district has previously initiated to form. Mr. McFarlin advised that they talked about that, and he believes they are considering a Mello -Roos District as well, and, as he recalls, they expressed some reluctance to proceed, and would rather participate with the City's funding, and make the funding be an integrated approach, which would include other public facilities. He went on to advise that several communities have gotten into a situation where the city, the water district and the school district all rushed to market, so their bonds would receive the most favorable pricing, and then, in some cases, they take all of the capacity out of the land so there is no ability to do a subsequent financing district. It was his opinion the school district recognized the advantage to doing it jointly with the City and the water district, so that each of the agencies get something out of it, rather than having some of the agencies succeed and others not. Page 7 Be, mont City Council January 11, 1993 Mayor Leja added that if the City doesn't succeed, there will not be a need for them to succeed, with Mr. McFarlin agreeing that the City would be providing them with the students to be educated, so they are related. He continued that the City is committing in this agreement to equalize treatment of both districts, the developers and the tax burdens on the new property owners that come into the City. Mayor Leja said it is her understanding that before they were proposing a Mello -Roos District that could finance many things, and now they are limiting their ability to finance only school facilities. Council Member Russo asked if they are going to amend the document they approved, so the maximum amount will be reduced from the 200 million to whatever it is going to be. Mr. McFarlin said he didn't know the answer to that right now, but will certainly address that with them. There were no other questions from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to refer the Cooperative Agreements to the Finance Committee and direct the Finance Committee to review and approve the final form and content of the agreements prior to scheduling the agreements for City Council approval on January 25, 1993. 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 Special Council Meeting of November 20, 1992 and Regular Council Meeting of December 14, 1992. b. Approval of Payment of Warrants and Payroll. C. Acceptance of Minutes of Regular Planning Commission Meeting of November 17, 1992. fU d. Authorize Posting Notice Requesting Applications to Serve on the Senior Citizen Advisory Committee. e. Report of Action by the Beaumont Planning Commission at their Regular Meeting of December 150 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. 13. Recess to Closed Session Pursuant to Government Code Section 54956.9(a), regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is Four Corners Pipe Line vs City of Beaumont, et al., Case No. 215349, Riverside Superior Court. Page 8 BF ^umont City Council J nary 11, 1993- The meeting was recessed to closed session at 6:55 p.m., reconvening to regular session at 7 :16 p.m. Date set for Next Regular Council Meeting, Monday, January 25, 19930 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 :17 p.m. BEAUMONT CITY COUNCIL MINUTES OF JANUARY 25, 1993 The Beaumont City Council met in a regular meeting on Monday, January 25, 1993, at 6:02 p.m., in the City Council Chambers, with Mayor Leja presiding. On roll call the following Council Members were present: Brey, IMcLaughlin, 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. At this time Mayor Leja introduced the new City Manager, Dayle Keller. 3. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. PUBLIC HEARINGS - 6:00 P.M. 4. NEGATIVE DECLARATION 92 -ND -5, TENTATIVE TRACT MAP 27096, SPECIFIC PLAN AMENDMENT SP -92 -2 AND AMENDMENTS TO AN ADOPTED MITIGATION MONITORING PROGRAM. Applicant: Robertson Homes. Location: South of Highway 60, North of 4th Street and West of Minnesota Avenue. Project Description: Requests for approval of a Negative Declaration and Tentative Tract Map for 632 single family lots on 155 +/- acres known as the Rolling Hills Specific Plan. The applicant has also requested approval of a Specific Plan Amendment to eliminate the requirement for sidewalks on 50 foot local streets, and amendments to the adopted Mitigation Monitoring Program. The staff report was presented by Nicole Criste, City Planning Consultant, a copy of which is a matter of record in the Clerk's file. The Planning Commission recommendation was for adoption of the Mitigated Negative Declaration, approval of the amendment to the Mitigation Monitoring Program, denial of the Specific Plan Amendment and approval of the Tentative Tract Map, subject to conditions of approval submitted. In addition their recommendation was for approval of the Master Landscaping Plan, subject to the conditions of approval. Ms. Criste went on to point out that staff has discussed certain conditions of approval at length with the applicant since the time of the Planning Commission meeting, and which staff requests be amended at this time as part of the final approval by Council. These conditions include Condition No. 1 in the Master Landscaping Plan, which is a matter of timing. The developer has asked that the landscape plan for each phase be moved to approval of the building permits rather than the grading permits, which would make Page 1 )6 Beaumont City Council Jar ,ary 25, 1993 it easier for them from a construction document point of view. Staff recommends approval of this change in the condition. Tentative Tract Map Condition No. 8 regards the Four Corners Pipe Line easement, which currently bisects the property at an angle, and which will be relocated in the City right -of -way. The City is concerned that the pipe line easement be subordinated. The Four Corners Pipe Line Company is concerned that the relocation is likely to occur prior to recordation of the public right -of -way to the City of Beaumont. The condition, as amended, would add a provision that Four Corners will negotiate with the City to work out the details of the agreement so that prior to their moving the pipe line the City, the developer and Four Corners Pipe Line Company will be in agreement as to what the rights of the City and the rights of Four Corners are to be with that easement. Conditions 9, 24 and 25 pertain to a development agreement which is currently under review by City staff. If the development agreement is approved in the future, it is likely to include the fees to be paid for such things as mitigation for traffic and fire fees. Staff has no problem with the addition at the end of each sentence, in each of those conditions, because if a development agreement is approved, the development agreement is likely to supersede individual conditions. Condition No. 26 results from changes in the traffic study. The project will be carrying traffic flow to the western boundary on to Golden Meadow Drive, and on to Highway 60. The traffic engineer for the applicant has recommended that lots currently located on the south side of the east /west extension of Golden Meadow Drive, which is to be renamed to avoid confusion, will not be constructed until such time as secondary access is available for the applicant to Highway 60, whether that be through extension of Golden Meadow, or through a full interchange, or some other means in the future. Staff feels strongly that the traffic engineer's recommendation should be followed. Condition No. 28 results from the construction of 4th Street. The developer will be grading the entire property, therefore, staff requests that the extension of 4th Street and Silverado Trail be completed prior to the issuance of the 235th Certificate of Occupancy. Condition No. 29 is a matter of semantics based on requirements by the County Fire Department for emergency access. Engineer's Condition 3.20 refers to the use of vitrified clay pipe, or an approved equal. Staff has no problem with that condition. Due to concerns by surrounding property owners, which have been raised in recent weeks, staff requests the addition of Condition No. 41. Nicols Egg Ranch is located immediately south of Cooper Creek and have expressed a concern that their access remain available for them because they have trucks coming in and out on a daily basis. Staff concurs, and the applicant has also concurred, that they will consult with Nicols Egg Ranch to make sure their access is not impaired by the construction that goes on for the project. Since drafting the staff report, staff has had additional conversations with the applicant and they have asked for, and staff concurs, with an amendment that would eliminate the words "but not limited to" after "including" on the second line. The traffic engineer specifically calls regional improvements being the signalization at 6th Street and Lambs Canyon, and does not ask for additional work, so that is not a problem for staff. Also, that the sentence, "as in Condition No. 9, or pay the fee agreed upon by the developer and the City pursuant to approval of development agreement for Rolling Hills Ranch ", also be added. Ms. Criste concluded her report with the statement there are some Page 2 1 Beaumont City Council Jars -lary 25, 1993 conditions with which the developer does not agree, and he will be making a presentation to the Council about the project in general, and those conditions in particular. At this time Ms. Criste distributed copies of the applicant's comments on conditions of approval to the Council. There were no questions from the Council at this point in time. The public hearing was opened at 6:14 p.m. Mr. Joseph DiCristina, representing the applicant, Robertson Homes, 6653 Embarcadero Drive, Stockton, California, addressed the Council in favor of the Rolling Hills project, as follows: My name is Joe DiCristina. I am a vice- president with Robertson Homes. My address is 6653 Embarcadero Drive, Stockton. I have two speaker cards, one with my name and one with Gary Hansen of Kunzman Associates. Thank you for giving me the opportunity to speak on my project. With me this evening I have a group of consultants that have been working with me on the project for the last three years. I will introduce them. They are not all going to speak. The only one I expect to speak this evening is Gary Hansen from Kunzman Associates, but I will introduce each one of them to you and have them raise their hand. John Carvelli, my associate. Steve Stapleton, with L. D. King Engineers. Jerry Walsh with Koch, Castle and Nicholson. Carl Freeman from L. D. King Engineers. Dave Dodson from the Planning Center, and Gary Hansen from Kunzman and Associates. I especially would like to thank Nicole Criste and Lin Newton. We have been working together with them for the last two months on the tentative map, and in that time they have managed to take a project which has taken over eighteen months to get through the tentative map process, and pull it all together and get us to the City Council and the Planning Commission. They have been a tremendous asset to the City, and they have been great to work with. I would just like to especially thank them for all the work they have done on the project. We have worked on over a hundred conditions on the project, and we are down to four issues, and about ten conditions, that we agree to disagree. And what I am here tonight is to talk to you about those ten conditions. And I have prepared a little booklet that has the conditions so it would be kind of easy for us to follow my concerns. First thing - it is not a condition - it is just the landscaping. Staff has asked us to provide eight additional picnic tables and two additional barbecue grills for the park, and we have agreed to put those into the Rolling Hills Ranch park. We think they are a good asset for the park, which is going to be a quality amenity for the neighborhood. Moving on to traffic - the staff has come up with a condition that requires the lots along Golden Meadow Drive, Lots 339 through 348 inclusive, not to be developed until some form of other access is provided to the freeway. I have Gary Hansen available to discuss his concerns about that, and some of the mitigations that he has come up with. Gary. Gary Hansen, Kunzman Associates. Thank you. My name is Gary Hansen with Kunzman Associates, and our address is 4650 Barranca Parkway, Irvine. We did the traffic study for this project from the initial inception. The study was included in the EIR for some follow -up studies. Our most recent study took a look at the impact of traffic with limited access to and from Route 60 via Golden Meadow Drive in the northwest part of the project. And also via 4th Street. In that analysis we identified a volume of traffic on Golden Meadow Drive of some 4,000 vehicles a day. Page 3 i �, Beaumont City Council Ja 3ry 25, 1993 During the time which - what we are calling intramax - intramax, unfortunately, is a loose term. It could be for five or ten or fifteen years, until such time as full access to Route 60 is built in the area and the circulation system has been built out. In our report we suggested that the lots along that street not be built until such time a secondary access to Route 60 is being provided, as Ms. Criste outlined in planning condition No. 26. What I wanted to do was amend that suggestion to say that is still a valid suggestion, however, there are mitigations. As part of your package that Joe just handed out, I think you should all have something that looks like this, which is a schematic of the driveway layout - a circular driveway, or what they call a turn- around driveway. Let me back up a second. Two issues of concern when you have that traffic on a local street are the interaction of vehicles backing out of their driveway with traffic on the street, and also the interaction of through traffic and parked vehicles. The two mitigations that I wanted to briefly outline - the first one is the turn - around driveway, the circular driveway, as outlined in this little brochure. What that does, it eliminates the need for anybody to back out of their driveway. So, obviously, if you can turn around on site, and head out with the front end of your vehicle out, you have much better visibility and more maneuverability. We all know how awful it is to back out into an area. The second suggestion that we wanted to present would be that since there is no direct residential frontage on the north side of the street, that a mitigation could be to eliminate parking on that side. Now that would open up sight distance, and reduce the interaction of through traffic with parked vehicles. I just wanted to add those two potential mitigations to the issue we identified previously. Mr. DiCristina: What I am asking is that the condition be changed to state that those lots, 339 through 348 inclusive, would have these type of driveways, and, also, that the north side of Golden Meadow Drive would have red striping, which would make the street a no- parking on the north side. The next condition, Planning Condition 42, has been discussed by Nicole. We have resolved our concern there. She has presented the change that we have asked for. Then I go on to Four Corners Pipe Line. The concern here, in Planning Condition 8, and Engineering Condition 1.22 A, is that Four Corners needs to obtain the same easement rights that they presently hold on our property. Steve, maybe you can show the location of the pipeline - how it exists currently - on this map. This is a thirty foot wide easement, which has a sixteen inch pipe that runs through the property. We will be relocating the line into a new facility in 4th Street, and then along the westerly boundary of Silverado Trail, and then exiting the property into its existing point where leaves. Four Corners presently holds an easement right on our property, and what I would like the condition change to be is that prior to dedication of the right -of -way to the City of Beaumont, that the easement would be granted to the Four Corners Pipe Line Company. That way they retain the same franchise rights that they hold presently. I am aware we are working on an agreement with staff, and I am comfortable that we will be able to come to a resolution, it is just that I would like to tighten the condition a little bit. The next issue is phasing. This is Planning Condition 28 and Planning Condition 30. There is a little map in your booklet that Page 4 e Beaumont City Council January 25, 1993 has a diagram that folds out. On the right hand side is the staff condition, where staff is asking for their particular things, and on the lef t hand side is what myself, as applicant, I am asking the Council to approve. As you can see on the right hand side, Planning Condition 28, staff is asking that we construct 4th Street easterly from the project. We don't have a problem with that construction, which is in yellow. The next condition that staff is asking is that, prior to the issuance of the 235th Certificate of Occupancy, we will construct 4th Street along the entire length of the project. And then staff is asking, in Condition 30, prior to the issuance of the 234th Certificate of Occupancy, which you can see as the blue line, and you can see the blue lot that is highlighted at the north end of the property, we would construct the westerly portion of Silverado Trail. What I am asking for, on the left hand side, is - I am in agreement with staff's condition, which is in yellow, regarding the construction of 4th Street easterly from the project. But then I have a pink box, which you can see as the pink lot at the north side of the property, prior to the issuance of the 234th Certificate of Occupancy we will be grading the entire property and looping the utility system. This is a staff condition that is placed on the project. I believe it is Condition No. 20. But I am also asking that staff make the change that, prior to the issuance of the 238th Certificate of Occupancy, which you can see in blue on the left hand side, that we then construct the westerly Silverado Trail portion, and the portion of 4th Street. And then, lastly, concurrent with the development of Tract 5, the orange in the lower southwest corner, we construct that portion of 4th Street. My reasons for asking for this change are strictly financial. The staff condition where we would construct that extra portion of 4th Street and the portion of Silverado Trail, prior to the 278th Certificate of Occupancy, necessitates us spending over $435,000 for this piece of improvement. At 234, which is the pink on the left hand side, we will be grading the entire property. We are also going to be relocating the balance of the pipe line, and we are going to be looping the utility system, which is going to cost me over two million three hundred thousand dollars. And, so, it is a financial hardship for us to construct this additional piece of roadway prior to when we see its need in the next phase of development. There aren't any traffic issues related to the project that requires this piece to be built, it is just that we would like some help from the Council in moving this along a little further in the project. The last issues are the sidewalks, and the first one is Planning Condition 23 and Engineering Condition 2.30 D 1. We began working on the tentative map over eighteen months ago. We were directed by then City Engineer Jim Dotson to remove the sidewalks from the cul -de -sacs. His feeling was that these were low traffic streets, and that we would not need to have these sidewalks. I agreed at that time to remove the sidewalks because Mr. Dotson took our streets and increased them from a fifty foot width throughout the project to a sixty foot width, and, so, financially I was trading off what I thought was extra pavement, which he was asking for in the roadway, for sidewalks which he felt didn't make sense from an engineering standpoint. The next issue is Engineering Condition 2.20 A. Here staff is asking that we construct a sidewalk on the side of the road opposite the park. The park is already constructing a sidewalk as part of its improvements. Here we feel that a sidewalk on the other side of the park is not necessary because parking will take place along the park, and there will be available sidewalks for them to walk on on the north side of the street, and also the south side adjacent to the park. The next issue is Engineering Condition 2.20 C. Here the Specific Plan never contemplated a sixty foot street, which is what staff Page 5 V 1 Beaumont City Council J,, ary 25, 1993 is asking to have, a four foot sidewalk on both sides. As I explained previously, the previous City Engineer, Jim Dotson, had us increase the width of the streets from fifty foot to sixty foot, and therefore, we thought we were only going to be doing a sidewalk on one side of the street. Here I am asking to continue with just one sidewalk on one side of the street. Lastly, Engineering Condition 2.20 E, staff is asking for a sidewalk on the south side of 4th Street adjacent to Cooper's Creek and the other properties on the south side. This is an area project, and also that the City has designated as open space. Natural open space, which in the City's park and open space plan is shown to have equestrian trails. When we prepared the Specific Plan we looked at that area as being open space, and therefore did not include any kind of improvement for sidewalks, because it was felt it would be a natural area. That is all the comments I have at this time. I would like to thank you for your time, and I am available for questions, as are members of my planning team. Mayor Leja: Okay, we are going to continue with the public hearing, and then we will ask questions. Francis Dowling, would you please come forward. Francis Dowling: I am Francis Dowling, 433 Minnesota, Beaumont. I have met with Joe DiCristina and several of the others representing the project here quite a few times, and the main thing that we were mutually trying to work out was the emergency access which would come in at the corner where I have the fruit market. I believe we have pretty well worked that out where it is agreeable with them and agreeable with me. So, as far as the project, I think the project should be a plus for Beaumont, as long as they work out all the engineering and the things that are of concern by staff, and all that. So, as long as they work out all those things, I believe the project should go ahead. I am generally agreeable with what they are doing. I mean, I am still concerned about their leveling and their drainage and their lots, and all that, but I mean, as long as that is mutually agreeable with staff and the Council, that is the main point. Thank you. Mayor Leja: 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 6:30 p.m. Council Member Parrott asked when they envision the pipe line to be relocated. Would it be before they build the street. Nicole Criste advised that the pipe line will be constructed in phases, and the first part that occurs at the southeastern corner of the property will occur, most likely, before the dedication of 4th Street, which is what Four Corners would like to protect itself . Council Member Parrott clarified that as the developer is grading, they will be building the pipe line, with Ms. Criste replying she would defer to the applicant for these details. Mr. DiCristina explained that what they would be doing is constructing the pipe line in two phases during the relocation. The first phase will be the southeast corner of the property, the first sixty lots, which would occur in the very near term once they begin development. At the 234th lot, they would then construct the balance of the relocation of the pipe line. The pipe line would be relocated into the 4th Street right -of -way and Silverado Trail prior to its dedication to the City, and then the pavement would go in later on during construction, and it would Page 6 Beaumont City Council Ja 3ry 25, 1993 then be dedicated to the City. Mr. Parrott again clarified that, in other words, it would almost be concurrent with the grading for the roads, with Mr. DiCristina agreeing this is correct. Council Member Russo asked for a response from staff concerning the recommendations from the applicant. Ms. Criste suggested they go through the booklet containing the comments from the applicant, stating that although she recognized Mr. Hansen is the traffic expert, staff still has a problem with access on to the east /west extension of Golden Meadow. Those lots, although they will have the ability to come out of their driveways straight on, are not guaranteed not to back out of their driveways, as a result staff still has a concern. She felt it is still a viable option not to have construction as they are talking about ten lots out of 632. Additionally, she hoped that a secondary access, whether it be at Golden Meadow or through an interchange at Highway 60, is in the not too distant future. Staff will stand by its condition regarding the lack of construction on lots 339 to 348. Council Member Russo said this means on Condition 26, staff stands by their original recommendation, with Ms. Criste replying in the affirmative. She then continued that on Condition 42 staff and the applicant are in agreement, and staff will support the applicant's requested condition, which is where staff requested the elimination of "not limited to ", and the addition of the sentence referring to the development agreement. The condition for Four Corners Pipe Line Company is still of concern to staff. The relocation of the pipe line prior to dedication of the right -of -way is not tied to an agreement being reached between Four Corners and the City. The concern that staff has had is that if the relocation occurs first, they will be in a senior position to the City, and the City wishes to have all easements for all utility lines subordinated so that the City is in a senior position, and that is a continuing concern, therefore, staff requested that Planning Condition No. 8, as amended, remain. She went on to say that although staff realizes the applicant will be expending resources for the paving of Silverado and 4th Street, they feel the completion of those roadways provides two important features. One is that, given the fact that Silverado will be graded at the time the 234th house is completed, because that is the time they will be grading the property, by putting up barricades, at least, very easy access for off -road vehicles and other improper access to that roadway, given the fact that the utilities will be under that roadway, the paving seems to be a natural extension. 4th Street is a regional roadway, and staff has an ongoing concern that it be completed relatively early in the project so that access to other property is available. Although staff realizes there are no approved projects immediately west of the property, the timing on the construction of 235 houses can't be guaranteed one way or another - it will be market driven, and staff would, therefore, like to see the extension of 4th Street relatively early in the project, if possible, as a completed and paved roadway. Staff stands by its requested amended condition. Mayor Leja asked where 4th Street is going to, and if it is presently a dirt road. Ms. Criste responded it is presently a dirt road at Minnesota, with the applicant pointing to the location on the project map. Mayor Leja then asked if the egg ranch presently uses a dirt road, with Ms. Criste responding that is correct. Page 7 g Beatimont City Council Ja 3ry 25, 1993 Ms. Criste also pointed out there is some very scattered housing beyond the egg ranch. Discussion continued concerning the extension of 4th Street, with the applicant indicating on the project map what their proposal is in this respect as opposed to what they are being asked by staff to do. It was clarified for Mayor Leja that the improved extension of 4th Street would stop at the property boundary, and the adjacent property owner would be responsible for extending through their property. Ms. Criste then continued that the remaining issues all deal with sidewalks. She then stated that in regard to the provision for the cul -de -sac streets, or the fifty foot right -of -ways, staff feels strongly that in a subdivision of 632 homes, with a neighborhood commercial parcel located at the northeast corner of Silverado Trail and 4th Street, that in addition to the park facilities there will be a considerable amount of pedestrian traffic through the project. Also, given the economics - as they relate to the price ranges of the project - they are talking about starter homes and senior citizen homes who are retiring to this area - both of those groups include people who need extra protection for public safety, and staff feels very strongly that sidewalks should be required as the specific plan calls out. She continued that in Engineering Condition 2.20 A, regarding sidewalks opposite the curb, she concurs with the City Engineer, and asked if they would like to have the City Engineer's input on why he continues to feel that is an important feature. Lin Newton, City Engineer, said that in his experience as a City Engineer for other cities, it has always been a problem when you don't put in sidewalks. People move in and sidewalks are not there, they are likely to plant shrubs, hedges, etc., right up to the curb, and residents wind up walking in the street to get to a sidewalk. Many times they come into the Council requesting a sidewalk after the fact, and those are his main reasons for requiring the developer to provide them. Ms. Criste pointed out that, particularly in the park area, those will be relatively highly traveled streets, and although she realizes there will be sidewalks on the park side, people will be coining from other places, and staff feels it will be safer to have sidewalks on both sides of those streets. Mr. DiCristina commented that in thinking about what staff has come up with, could he agree to do the sidewalks, as staff has recommended, and, in turn, get his phasing worked out that he is requesting. Perhaps he and staff could work together on this from a financial standpoint, and he will agree to do the sidewalks and will take care of staff's request on sidewalks, if staff would then work with him on the phasing plan. Mayor Leja and Council Member McLaughlin both asked the applicant to confirm this means they will do all the sidewalks staff has requested, including the sidewalks on both sides of the cul -de- sacs. Mayor Leja went on to point out that she believed the specific plan called for sidewalks on only one side of the cul- de -sacs, with Council Member McLaughlin commenting he personally feels that cul -de -sacs should have sidewalks all the way around, as he can't visualize a sidewalk on just one side. One property owner buys a house which has a sidewalk, and the property owner on the other side has none, and it doesn't add up for a good project. Mr. DiCristina said he could concur with that if he could get some help on the phasing. Council Member McLaughlin said he would not object to some give and take if the City could get some of the things which have been discussed. Council Member Russo asked for a quick summary of where sidewalks Page 8 17 Beaumont City Council Jai ry 25, 1993 will be in the entire project. Mr. DiCristina said the following is what he intends to do: 1. He will put the sidewalks on both sides of the cul -de -sacs, and the specific plan will be modified for that. 2. On the park he would like to have the sidewalk on just one side as part of the park improvements. 3. To have one sidewalk on one side of the through streets, as contemplated in the specific plan. 4. On 4th Street to have the sidewalk on the north side of the street as contemplated in the specific plan. In summary, the specific plan would be modified to show a sidewalk on both sides of the cul -de -sac. Ms. Criste pointed out the specific plan doesn't need to be modified for excess to what is required, and sidewalks on both sides of the cul -de -sacs cover part of the conditions which they still disagree on. The issue of sidewalks on the other side of the park, and on the north side of Golden Ridge, given the foot traffic adjacent to the park, staff would still like to see sidewalks on both sides of both of those streets. In regard to the ultimate completion of Silverado Trail and 4th Street, she suggested a condition be added regarding bonding, in particular for 4th Street, given the fact that it is a regional arterial. Mr. DiCristina replied that under the Map Act they would be required to bond 4th Street as part of the tract improvements, going on to say it is a real financial hardship, given today's market, to try to put additional improvements on a property in a phase prior to the property actually needing those improvements. At this point, Mayor Leja said after Council Member Brey asks his questions, she was going to call a fifteen minute recess to allow the applicant and staff to get their act together and reach an agreement regarding the conditions. Council Member Brey said it was going to be his suggestion that they work something out and come back to the Council with the final conditions. The meeting was recessed at 6:53 p.m., reconvening at 7:24 p.m. On calling the meeting back to order, Mayor Leja advised that staff and the applicant for Rolling Hills were about to reach an agreement, but they need to work on the language. As a result, she is going to the next agenda item, returning to the Rolling Hills project when they are ready. 5. PROPOSED INCREASE IN FEES FOR RUBBISH SERVICE. The staff report was received from the City Manager, a copy of which is a matter of record in the Clerk's file. The public hearing was opened at 7:25 p.m. Mr. Dean Ruffridge, Division President for Waste Management of Inland Valley, 26500 Scaramella Circle, Hemet: Madam Mayor and Council, I am here basically for questions. We have been in front of you on a yearly basis on the same issues. It is not a pleasant task to come here each year to talk to you about increases in rates, nor I know it is not a pleasant task for you to discuss it. The two increases that are in order tonight are CPI, as your staff Page 9 / Beaumont City Council Ja ary 25, 1993 said, and also landfill. When we initially started talking to your staff, the County of Riverside had estimated a landfill increase to take effect in January. They have postponed that until July 1. As such, staff has directed us to spread that landfill increase over a twelve month period, instead of starting it up on July 1. So, instead of a forty -five cent per month increase, starting July 1, staff has asked us to spread that over twelve months and make that twenty -two cents. The CPI increase is, as staff said, 95% of the CPI. Basically that comes to 3.63% or fifty cents per month. If you have any other questions, feel free to ask them, and I am here to talk to you about them. Mayor Leja: Okay. We will be asking a lot of questions. I am going to continue the public hearing, and when I close the public hearing then we will ask questions. Alma Vrzal. Alma Vrzal, 720 California Avenue, Beaumont: I would like to have a contract that raises every year too. My husband and I would like to know why Inland Company is granted a yearly increase in their trash pick -up fees. We already pay more to Inland then we are charged for our trash pick -up in Redondo Beach, and we also have recycling there. And I am sure that they travel as far or farther to get rid of their trash then what Inland does. I would like to know what is being done with the recyclables. We saw on television that some companies are shipping it out of the U.S. to be recycled. And it is costing them more to do that than if they could recycle it themselves. Now the federal government wants to tax our utilities and gasoline. Where does it stop. We are seniors on a fixed income, and if social security is given a small cost -of- living raise, the medicare fee is raised so we don't really see any more money. When are the rising costs going to stop. We know the young families are not having it easy either. People are going to have to leave California as they are being taxed and priced out of their state. Businesses are leaving California for cheaper costs elsewhere. What goes up has to come down. These rising costs have to stop some where. Think it over before raising the trash fees at this time. Thank you. Mayor Leja: Thank you very much. Do you have any response to some of the questions that Mrs. Vrzal raised. Mr. Ruffridge: I caught four questions there. If I missed one of them, feel free to ask me. First of all, you asked why an annual increase. What we do, typically, in franchises, it is not just a garbage company, but it is the other utilities also. We base a cost of living increase - now that is based on a number of factors - that is based -- one of the big factors which comes to mind right now, and I don't have my controller with me to give you all of the facts, but this last year my fuel costs, not including taxes, went from sixty cents a gallon to eighty -one. Now that is a major increase, a thirty percent increase in my fuel bill alone. As far as fuel is concerned, I buy around 60,000 gallons a month. So it is a major increase on my part. Other increases, my salaries for my employees go up on a cost of living, which is in their contracts. My real estate taxes go up just like yours do, and my utilities go up, and so forth and so forth. So what we do with the CPI, the consumer price index, which takes into consideration a number of factors - staff correct me if I am wrong, I think there is like twelve or twenty factors which are taken into consideration on a yearly basis throughout California, in fact throughout the country. Page 10 Beaumont City Council Jar ry 25, 1993 The second question brought up was the trash rates in Redondo Beach. Although I cannot speak to Redondo Beach and what the fees are there, one of the big things we are looking at tonight is a landfill increase. Our landfill is going to $34.50 a ton in Riverside County, and, correct me if I am wrong, Redondo Beach is at $18.00 per ton, which is about half the price we pay. And, again, landfills are going to continue to go up. We have been in front of this Council every year because landfill fees have increased. That is a direct cost which affects us. The third thing which was brought up was recyclables and what is happening to our recyclables. Some of the Council came over to our recycling center to see what we actually do with recyclables. We have an IPC, it is called, an intermediate processing center, which we recently spent in excess of a million dollars on equipment. The process recyclables that we collect from our franchise in unincorporated areas of the County. We do process, we sort, we bail and we ship everything domestically at the present time. Recyclables are a varying market. We take the risk on the market. To give you an idea so far as cost of recyclables, I remember, years ago, when I was down in San Diego and operating a very large recycling concern there, I was getting $65.00 a ton for newspaper, today we are getting $5.00 or $6.00 a ton. So markets vary every day. We check on markets every day. But they are all being taken care of. We ship no recyclables to the landfill. The fourth question you have is when will costs stop going up, and, I don't know, I guess we can ask Bill Clinton the same question, but I think we are going to have a lot of cost increases in 1993, taxwise. I think utilities will continue to go up. The cost of doing business, not only in California but throughout the world, is continually going up. People on a fixed income, it is a very big concern. I appreciate it, I have family on fixed incomes also, and I just don't have the answer to that question. Are there any other questions that I missed. Mayor Leja: Is there anyone else who would like to speak on Item No. 5. Anyone else. Anyone else. If not, we will close the public hearing. The public hearing was closed at 7:33 p.m. Mayor Leja said it seemed as if every time they turned around Waste Management is in front of the Council. She then asked why it was agreed that the CPI is used as a basis for rate increases. She does understand what they are going through with their own employees, and wanting to raise their pay to match the cost of living increases, but the City of Beaumont cannot raise their employees salaries due to the cost of living, because the City can't afford it. She continued that she doesn't think the people who live in this community can afford it either. In addition she is not pleased at having to do the recycling either, and as far as the landfill fees go, maybe it is time the City says no, and returns it back to the County and asks them to justify the reason they are raising their landfill fees. That is her feeling, and she is not in favor of any more increases regarding trash. She considers herself an environmentalist, and wants landfills to be handled in a certain way, but there also has to be some justification for the costs besides the consumer price index. When she was looking through the information that was provided, Riverside County was also considered in that index with Anaheim and Long Beach. That is the consumer price index used. She wanted to know why the City of Beaumont is in that particular bracket, if that is done by the State and is there a choice. In regard to the contract, is there a possibility that particular Page 11 °� C Beaumont City Council Ja 3ry 25, 1993 method of measurement can be changed. The City Manager advised she thought the CPI was set by a federal agency, and they set the categories. The Los Angeles- Anaheim- Riverside is the bracket we are in. Mr. Ruffridge agreed this is correct, and to his knowledge there is not a consumer price index that is divided down into Riverside County only. Mayor Leja then questioned if most waste management companies used the consumer price index as part of their contract to justify increases. Mr. Ruffridge said he can speak for Riverside County, in which his company provides service to eight cities, that everything is based on the consumer price index, and it is his opinion that all other companies use the CPI as well. The consumer price index is looked at in the industry as the fairest way for price adjustments on a yearly basis. Rather than coming to the City on a yearly basis saying their insurance went up 3 %, the fuel went up 30%, etc., etc., the consumer price index is looked at as the fairest way to base increases. Mayor Leja wanted to know how often the contract is reviewed, with Mr. Ruffridge responding it is reviewed every five years, and was reviewed last year when they started to look at the recycling. Mayor Leja then stated it was her understanding the contract wasn't actually approved, and the contract was going to be coming back with some particular points such as the twenty -two cents which they are indicating is the senior discount for recycling. That amount is not acceptable from her standpoint. Mr. Ruffridge said that is part of the rate structure that is to be reviewed tonight. The City Manager indicated she is not sure, but it is her understanding that is not necessarily tied to recycling as it was again her understanding the recycling amount of $2.22 was approved by the Council several months go. Mayor Leja agreed this was correct, but, as she recalls, they would be negotiating the senior citizen discount. Mr. Ruffridge said that was not his understanding, but he would be happy to negotiate these prices with them. Staff's direction to them was to consider a senior citizen discount, but do not change the $2.22 figure. If they recall, that $2.22 figure did not originally include a senior citizen discount, so if there is a take there has to be a give on another side, and the 220 discount was a give by their company, without any change in the $2.22 rate. Council Member McLaughlin said one thing should be brought out at this time is that the State is mandating that cities implement the recycling. It has to be done unless you want to pay a $10,000 a day fine. Perhaps the senior citizen discount can be negotiated, but the fact the City has to recycle is not negotiable, that is a fact and the City has to do it. It does cost extra money. Nice bins have been distributed to everyone in the City, at a cost to Waste Management - although the City pays for them in the long run. There are some advantages, since the City is mandated to do it. Mayor Leja clarified that the County would raise the landfill fees in July, with an affirmative answer from Mr. Ruffridge. There were no other comments or Page 12 questions from the Council. Beaumont City Council Jai ry 25, 1993 a. RESOLUTION NO. 1993 -01 - Rescinding Resolution No. 1992 -29 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 to adopt Resolution No. 1993 -01, with an amendment to indicate the senior citizen discount would be negotiated at a later date. The City Manager said she thought the City Attorney would advise against this motion as it would leave an open ended resolution without an amount, and the goal of the resolution is to establish rates, and we would not be accomplishing that. She thought it might be better to continue the item to the next meeting to allow time for the senior citizen discount to be negotiated, and then come back with an amended resolution. The motion was withdrawn by Council Member McLaughlin. This agenda item was continued to the next regular meeting of February 8, 1993, with the indication that during the interim time negotiations would begin concerning the senior citizen discount. Mayor Leja also requested that as part of the negotiations, this item be referred to the Finance Committee prior to the next meeting. The meeting was recessed at 7:43 p.m., reconvening at 7:48 p.m. 4. Consideration of Agenda Item No. 4 was resumed at this time. Nicole Criste made the following recommendations in regard to the of Rolling Hills project conditions of approval: 1. Four foot sidewalks, unless otherwise called out by the City Engineer, shall be provided on both sides of all interior roadways. 2. Sidewalks shall be provided on the north side of 4th Street, but not on the south side of 4th Street. 3. At the 278th Certificate of Occupancy, the applicant shall complete Silverado Trail, including curb, gutter and sidewalks, and shall pave and provide curb, gutter and sidewalk for the northern half -width of 4th Street. 4. At the 392nd Certificate of Occupancy, the applicant shall complete the construction of 4th Street on its southern half - width. 5. The applicant shall be permitted to construct on Lots 339 through 348 inclusive, with the proviso that hammerhead driveways shall be provided for all those lots, and that there shall be no parking on the north side of the east -west extension of Golden Meadow Drive, which shall be renamed, and that stop signs shall be included at all intersections along that east -west extension of Golden Meadow. The City Attorney recommended an alternative condition in regard to the pipe line, as follows: 6. The developer is proposing to relocate a portion of the Four Corners Pipe Line, and prior to recordation of the approved final map the City, Four Corners and the developer shall meet to negotiate mutually acceptable terms and conditions concerning the nature and extent of the City's jurisdiction over the relocated pipe line, provided, however, that if there is no such agreement, Four Corners shall comply with the City's ordinances, rules and regulations governing utilities within City rights -of -way. Page 13 Beaumont City Council Jar ry 25, 1993 a. Consider Adoption of Negative Declaration 92 -ND -5, based on the findings. Motion by Council Member Russo, second by Council Member McLaughlin, to adopt Negative Declaration 92 -ND -5, based on the findings. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. b. Consider Approval of Tentative Tract Map 27096, subject to the Conditions of Approval. Motion by Council Member Russo, second by Council Member McLaughlin, to approve Tentative Tract Map 27096, subject to the conditions of approval most recently discussed in this meeting by the City planning staff and the City Attorney, as agreed to by the applicant. AYES: Council Member Brey, Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. McLaughlin, Parrott, Russo and For the record, Mr. DiCristina stated that, as applicant, he agrees to all the changes that staff has made. C. Consider Approval of Specific Plan Amendment SP -92 -2. Motion by Council Member Russo, second by Council Member McLaughlin, to deny Specific Plan Amendment SP -92 -2. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. d. Consider Approval of Amendments to an Adopted Mitigation Monitoring Program. Motion by Council Member Russo, second by Council Member McLaughlin, to approve those amendments recommended by the Planning Commission in the staff report regarding the mitifation monitoring program. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. END PUBLIC HEARINGS. 6. Request for Extension of Time and Revision of Conditions of Approval for Tentative Tract Map 23646. Applicant: Aware Development Company, Inc. Location: North side of Cougar Way about 1800 feet east of its intersection with Beaumont Avenue. Project Description: A proposed 50 lot single family subdivision. At this time Mayor Leja stated she is an adjacent property owner so will excuse herself from the room. She then turned the gavel over to Mayor Pro Tem Parrott. The staff report was presented by Nicole Criste, a copy of which is a matter of record in the Clerk's file, with a recommendation Page 14 1�1- 01�L. Beal -mont City Council Jar, ry 25, 1993 from the Planning Commission for denial of the extension of time and denial of the revision of conditions of approval. Mr. Bill Gabel, representing the applicant, said they made the request for an extension of time and requested modification of two of the previous conditions, after having worked extensively with the City Engineer and the City Attorney, and agree with their recommendations in the revised wording of those conditions. He then asked for favorable consideration by the Council of their requests. Mayor Pro Tem Parrott asked if they intend to go ahead with the project, with Mr. Gabel saying if the Council approves the time extension with the re- worded conditions, his client desires to bring the project to a point of construction, depending on the economic times. He went on that the revised conditions will bring the project into a better financial condition to start construction of the fifty houses. By deferring some improvements, and he believed staff agrees, which rightfully belong to the 159 houses. Mayor Pro Tem Parrott said there is a flood control channel going through the project, asking what they intend to do with that. Mr. Gabel said they have a set of improvement plans which his engineering firm has work on for several years, which the Riverside County Flood Control District is in a position to sign. The plan calls for the construction of a channel through the reach of the project (which is more than one project, one of which they are asking for the extension on, and another one that has entitlements which can be called the second phase of construction), together with a box culvert that would go under Cougar Channel. That full channel, including the box, needs to be built when houses are proposed next to the channel. The conditions of approval for the first fifty lots required that a box culvert be built under Cougar Way, which is not needed to protect the first fifty houses. Mr. Gabel continued that the amount of water that can get to that crossing today, because of the upstream conditions on Brookside Avenue -- saying that all of the water this channel is designed to handle cannot even get to this crossing today because it breaks out on Brookside and floods across the Deutsch property -- so the water that can get to it now can be handled by that culvert now. He went on that the City Engineer has required in the revised condition that if the culvert was to stay, with the first fifty houses a considerable distance from the crossing, that the culvert entrance has to be made hydraulically made more efficient through some construction of additional plans they would do. They feel that is reasonable to be required of the first fifty house. He called attention to the fact his client intends to build the whole channel, and his client is desirous of being involved with the proposed CFD, and perhaps this CFD can help to finance this channel, which might bring the 159 houses on line, along with the increase in capacity of the sewer plant. Basically this would help to make the first fifty houses more economical to construct. Mr. Tom Shelton, 11622 Seacrest Drive, Garden Grove, the owner of property downstream from this project, addressed the Council speaking in favor of the extension of time and the revisions to the conditions. He asked who would pay for the Cougar culvert, with the City Engineer replying the obligation would be with the upstream developers. He requested that he be given the same opportunity that Aware Development is asking for, as well as other property owners in this area, provided it is approved by the Council, and further Page 15 l.� Beaumont City Council Ja ►ry 25, 1993 requested he be allowed to present an amended agreement to staff on his property. The City Attorney said, as a point of clarification, the problem came to their attention because the original requirement was that, essentially, a 50 unit subdivision was to build the Cougar Way crossing, and some other improvements, which were physically outside the scope of the development, and perhaps the improvements would create more benefit than the burden created by this subdivision. Under ideal situations, the larger parcel would have been built out at once, and then the cost of these improvements could be spread out over a greater number of properties. He continued that Mr. Ware asked that the City consider an alternative instead, rather than loading up these public improvements, (which the City is not acting inappropriately in requiring him to build), but he has asked for relief. The developer is willing to arrange to have these improvements built or otherwise pay his fair share, but in relation more to what he is permitted to construct under the City's current situation with the sewer capacity. After considerable discussion, staff has recommended, based on cost studies which have been done, a fee that would be escalated every year - either by way of the engineering news record or the CPI, whichever is greater - to insure the City is collecting enough money every year - collecting fees from developers on a unit by unit basis, putting it in a restricted account, and at some time will have enough money to contribute to some developer in the future, and he would take the responsibility of using that money and his own money and build these facilities. He went on that Mr. Shelton is asking for a similar arrangement, and if the circumstances warrant it, he feels it is something staff can recommend. He feels the City is protected from a legal standpoint, and the Aware request is appropriate. It will allow the project to proceed, and the City will have enough money available to them, if they continue following this proposal, at the appropriate time to build this facility. Out of caution he did ask the City Engineer to be sure the City is protecting itself by requiring some interim improvements to the Cougar Way undercrossing to be sure the City is not allowing a hazard to continue. Part of the condition requires some interim improvements to insure it doesn't wash out while the City is waiting for enough money to build this facility. He pointed out this is common throughout the County, and perhaps the State, to build these kinds of channels in patchwork quilt fashion, and it is conceivable to him these gentlemen may end up building the facility and having an upstream gap and a downstream gap because of the unique circumstances of each situation. He concluded that staff is protecting the City now and in the future, making sure there is a revenue stream, and that it finally will be paid for by the developers who are benefiting from this project. Mr. Shelton said they had other obligations in addition to the City's needs, and he can build an improvement out there that will protect the general public, and in particular buyers who might buy a home in his tract. He has a responsibility to them which doesn't quit with the last sale. He is confident that he can put some improvements in there, while providing for the ultimate improvement, to protect access to the property and leave the people in a safe condition until the balance of the improvements can be constructed, and he will work with the City Engineer to be certain it meets the City's requirements, he just wanted the opportunity to come back and work with the staff on his own agreement. Page 16 Bea,imont City Council Ja iry 25, 1993 Council Member Russo clarified that Mr. Ware's request stands alone, whereas Mr. Shelton is asking to be allowed to work with staff, which he thinks has always been available, nor does he think anyone here would deny that right to him. Mr. Russo went on that he understands Mr. Ware has joined in the Community Facilities District, or is willing to do that, and that perhaps some of the cost for design can eventually pay for some of that construction at a later date. He continued that he looked at the area during the heavy rains, and he agrees with the engineer's report that the water that is eventually supposed to go into that creek isn't getting there, although at some point in time it probably will. It is his understanding that the box culvert underneath Cougar Way would be done with the first phase of the first fifty lots. Ms. Criste indicated only improvements to the existing structure would be done during this phase. Mr. Russo continued that really the creek doesn't come near the first phase of fifty houses, so there is really no major hazard associated with the people that would be living in the first fifty homes and that creek channel, with Ms. Criste agreeing this is correct. There were no further questions or comments from the Council. a. Consider Approval of One Year Extension of Time for Tentative Tract Map 23646. Motion by Council Member McLaughlin, second by Council Member Russo, to approve a one year extension of time for Tentative Tract Map 23646. AYES: Council Member Brey, McLaughlin, Parrott and Russo. NOES: None. ABSTAIN: None. ABSENT: Mayor Leja. For the record, Mr. Gabel stated the applicant agrees with the conditions that have been originally placed on the map, and they concur with the revisions to those conditions contained in the staff report. b. Consider Approval of Modified Conditions of Approval for Tentative Tract Map 23646. Motion by Council Member Russo, second by Council Member Brey, to approve the modified conditions of approval for Tentative Tract Map 23646. AYES: Council Member Brey, McLaughlin, Parrott and Russo. NOES: None. ABSTAIN: None. ABSENT: Mayor Leja. Mayor Leja returned to the meeting at this time and assumed the chair. 7. Consider Claim for Indemnity and Amended Claim for Indemnity Filed Against the City by Linda Denise Grunewald. The City Manager presented the staff report, with a recommendation to reject the claim and amended claim. There were no comments or questions from the Council. Motion by Council Member Russo, second by Council Member Brey, to reject the claim and amended claim based on the following findings: Page 17 Beaumont City Council Ja, pry 25, 1993 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. 8. Consider Applications Received for Appointment to Planning Commission. Council Member Russo requested this agenda item be held over to the next regular meeting to give him the opportunity to review the applications. Council Member Brey said he would like to hear from any of the applicants who may be in the audience tonight. Applicants Richard Sandavol, Larry Israelson, Paul DePalatis and Mike Moreno were introduced to the Council by the Mayor, however, it was determined any statements they wished to make would be made at the next meeting. 9. Consider Approval of Underwriter's Agreement with Chilton & O'Connor, Inc. for City of Beaumont Community Facilities District Bonds, Including Territory to be Annexed and Sewer Revenue Bonds or Certificates of Participation. The staff report was presented by the City Manager, a copy of which is a matter of record in the Clerk's file, with a recommendation for approval of the Underwriter's Agreement. Council Member Parrott asked who some of Chilton & O'Connor's clients were, with Mr. Whetherby, of Chilton & O'Connor, naming a number of entities throughout the State of California, and stating his company has done approximately sixteen percent of all community facility districts state wide. There were no other questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member Brey, to authorize the Mayor to execute the agreement with Chilton & O'Connor, Inc. for Investment Banker /Underwriter's services. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 10. Receive and Consider Engineering and Traffic Study Prepared by City Engineer Relative to Speed Zone Studies of Various Streets in the City. The City Manager presented her report, a copy of which is a matter of record in the Clerk's file, with a recommendation for adoption of Resolution No. 1993 -02. There were no questions or comments from the Council. a. RESOLUTION NO. 1993 -02.- Pursuant to Chapter 10.04 of the Municipal Code of Beaumont to Designate Speed Zones. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1993 -02. Page 18 p� Beaumont City Council Ja iry 25, 1993 AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 11. RESOLUTION NO. 1993 -03 - Authorizing the Mayor to Execute Revision No. 1 to the Freeway Maintenance Agreement Between the City of Beaumont and the State of California Department of Transportation. The staff report was received from the City Manager, a copy of which is a matter of record in the Clerk's file. 1_,� There were no questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1993 -03. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 12. ORDINANCE NO. 713 - Second 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. 10 Motion to Read Ordinance No. 713 by title only. Motion by Council Member McLaughlin, second by Council Member Brey, to read Ordinance No. 713 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. 713 at its second reading. Motion by Council Member McLaughlin, second by Council Member Brey, to adopt Ordinance No. 713 at its second reading. Prior to the vote, Council Member Russo said that when this ordinance was previously considered, the issue of how they would appoint someone to be the hearing officer was discussed, and wanted to know if there are some suggestions at this time. The City Attorney said he is proposing that he prepare an amendment for action next month which would amend that provision to appoint the City Manager or her designee. Vote taken on motion to adopt Ordinance No. 713. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 13. Reports and /or Appointments. Mayor Leja reported there will be a graffiti wipe -out this coming I weekend which has been organized by the graffiti task force headed up by Lyle Millage. This will be held on both Saturday and Sunday. They are requesting anyone who has some time this weekend and wants to volunteer to help clean up the graffiti, to come to Page 19 � P Beaumont City Council Ja ,ry 25, 1993 the tent which will be set up in the parking lot of City Hall. The City Manager reported the City lost a tree in front of City Hall this morning as a result of the high winds, and it was found two other trees needed to be trimmed in order to keep them from coming down. a. Request from Mayor Leja for Fee - Exempt Use of Multi- Purpose Room for Winter Guard. Mayor Leja advised the Council there is a group of high school students who are training to compete in precision drills as representatives of the City of Beaumont. They have requested the use of the multi - purpose room three days a week, for one hour a day, for the next three months, in order to practice for this competition. The school district does not have a facility available for their use, and they are asking the City to allow them to use this facility, free of charge. Mayor Leja said that in the event the City were to schedule someone to use the multi - purpose room on the days scheduled for their practice, they would rearrange their practice for another day. There being no opposition, the City Council authorized the fee - exempt use of the multi - purpose room by Winter Guard three days a week, from 3:00 to 5:00, for a period of approximately three months, with the proviso that if the multi - purpose room has been rented for a day scheduled for their use, they will re- arrange their schedule to accommodate this paid use of the multi - purpose room. 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 January 11, 1993. b. Acceptance of Minutes of Regular Planning Commission Meeting of December 15, 1992. C. Approval of Payment of Warrants and Payroll. d. Report of Action by Planning Commission at Regular Meeting of January 19, 1993. 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. 15. Recess to Closed Session at the Discretion of the Council. There was no need for a closed session. Date set for next regular Council meeting, Monday, February 8, 1993, 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 8:35 p.m. R sp ctfully sued, i D uty City Clerk Page 20 BEAUMONT CITY COUNCIL AND BEAUMONT PLANNING COMMISSION MINUTES OF JOINT SPECIAL MEETING OF FEBRUARY 1, 1993 The Beaumont City Council and Beaumont Planning Commission met in a joint special meeting at 7:00 P.M., on Monday, February 1, 1993, with Mayor Leja and Chairman Prouty presiding. On roll call the following Council Members and Commissioners were present: Brey, McLaughlin, Parrott, Russo and Mayor Leja. Burch, Echlin, Israelson and Chairman Prouty. 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. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. 3. Informational Session with Loma Linda Property Owners Regarding Seneca Springs Specific Plan. A lengthy presentation was given by representatives for Loma Linda �j regarding the Seneca Springs Specific Plan. Numerous questions were asked by the Council and Commission, with specific concerns stated. This discussion is a matter of record on the tape recording of the meeting, and is available for review if desired. At the conclusion of this presentation, the meeting was recessed at 8:17 p.m., reconvening at 8:30 p.m. 4. Review of Residential Zoning Design Standards. Nicole Criste, the City's planning consultant, presented a report concerning the City's residential zoning design standards as they currently are, and submitted her recommendations for alterations to those zoning standards. The Council and Commission had a number of concerns with the proposed alterations, with Ms. Criste suggesting holding another study session after everyone has had the opportunity to review everything, or the Council and Commission submit written comments to staff, with a deadline for submittal, so these comments can be presented to the Planning Commission in March. At the suggestion of Council Member Brey, it was determined that written comments will be submitted to the planning consultant, and then brought to the Land Use Committee for review. The deadline for submittal of the comments was set for February 12. There being no further business, the meeting was adjourned at 9:08 p.m. sp ctfully submitted, puty City Clerk ,�v BEAUMONT CITY COUNCIL MINUTES OF FEBRUARY 8, 1993 The Beaumont City Council met in a regular meeting on Monday, February 8, 1993, at 6:02 p.m., in the City Council Chambers, with Mayor Leja presiding. On roll call the following Council Members were present: Brey, IMcLaughlin, 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. Introduction of New Employees Tony Evans, Police Clerk- Dispatcher, and John Schneider, Police Officer, by Chief Smith. New employees, Tony Evans and John Schneider, were introduced by Chief of Police Patrick Smith. 3. Adjustments to Agenda. The City Manager requested that the minutes of January 25, Item No. 12.a of the agenda, be removed from the agenda as they have not been completed. The City Attorney requested the addition of an agenda item relative to litigation involving PERS, which does not need to be in closed session. This was added to the agenda as Item No. 13. There were no other adjustments to the agenda. 4. ORAL COMMUNICATION: Mr. David Bell, 3800 W. Wilson, Banning, addressed the Council stating he is the Chairman of a new organization, Taxpayers for Efficient Government. It is their opinion that the more you merge the more efficient government can be. He has previously spoken with the City Council of Banning requesting them to appoint an impartial ad -hoc committee to investigate the question, and he is now asking the City Council of Beaumont to join that committee, to see what can be done to join the two cities for better efficiency and saving the money of the taxpayers. Mayor Leja said this could be placed on an agenda at a later date, however, they are not allowed to discuss items which are not actually listed on the agenda. 5. PUBLIC HEARING - 6:00 P.M. - GENERAL PLAN UPDATE AND DRAFT SUBSEQUENT ENVIRONMENTAL IMPACT REPORT. Andi Adams, Executive Vice - President, and Bryan Speegle, Senior Vice - President for Planning, of Culbertson, Adams and Associates, the City's consultants for preparation of the General Plan Update, presented an overview of the process followed in preparing the General Plan Update and its associated Subsequent EIR. The public hearing was opened at 6:40 p.m., with comments received from the Following: Mr. G. H. Lodder, of Hovchild, Inc.; Mr. Richard Douglass, of Landmark Land Company; Mr. Ken Howe of Inland Commercial Page 1 _-� / Beaumont City Council Feb ary 8, 1993 Investments; Mr. Robert Vatcher of V/S Associates, repre- senting Mr. Roy Kulikov; Mr. Roy Kulikov, Cherry Valley Acres, Inc.; Mr. Ronald Whittier, property owner at Brookside Avenue and Beaumont Avenue; and Mr. Gene Crudo, resident of Beaumont. There being no further requests to speak, the public hearing was closed at 7:27 p.m. All comments received in the public hearing are a matter of record on the tape recording of the meeting, which is available for review by anyone desiring to do so. The meeting was recessed at 7:28 p.m., reconvening at 7:32 p.m. Upon reconvening, comments and questions were received from the City Council. Mayor Leja requested the interchange shown in the General Plan update at American Avenue be moved to Pennsylvania Avenue, as the result of the Memorandum of Understanding the City will be entering with the residents of 8th Street as a part of their agreement to annex to the City. Mayor Leja asked if it was appropriate to begin the process to review the City's sphere of influence, as a result of comments made by Mr. Steve Douglass of Landmark Land Co., with Ms. Adams stating it would be very appropriate to look at the sphere of influence at this time in order to keep the boundaries fresh and representative. There were no other comments or questions from the City Council. All changes requested by the Council will be included in the final General Plan Update. a. RESOLUTION NO. 1993 -04 - Finding the Draft Environmental Impact Report for the City of Beaumont General Plan Update Adequate and Complete and Certifying the Final Program Environmental Impact Report. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1993 -04 approving the Final Subsequent EIR as complete and adequate, and certifying the Final Subsequent EIR subject to the testimony, responses and additions or changes approved by the City Council on February 8, 1993. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. b. RESOLUTION NO. 1993 -05 - Adopting the General Plan. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1993 -05 adopting the General Plan subject to the testimony, responses and additions or changes approved by the City Council on February 8, 1993, with the addition that American Avenue interchange be relocated to Pennsylvania Avenue, and the proposed realignment. AYES: Council Member Brey, Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. END PUBLIC HEARINGS McLaughlin, Parrott, Russo and Page 2 � n Beaumont City Council Feb ary 8, 1993 6. PROPOSED INCREASE IN FEES FOR RUBBISH SERVICE. (Continued from January 25, 1993). The City Manager presented her staff report, a copy of which is a matter of record in the Clerk's file. Her report included the results of negotiation of the senior citizen discount for an amount of a $1.00 discount until such time as the percentage reached or exceeded 15 %. It was noted the Council Finance Committee had met and agreed to the proposed changes in the recycling program, including the $1.00 senior citizen discount. Additionally, the Finance Committee expressed concern about landfill fees, and suggested that staff write to the County of Riverside to express a strong concern in this area. Her recommendation was for adoption of amended Resolution No. 1993 -01 and direction to staff to forward a letter to the County of Riverside about landfill fee increases. Mr. John Sasine, of Waste Management of Inland Valley, Inc., presented a brief report concerning the status of the recycling program. Mayor Leja brought up the question of implementation of the greenwaste program, with Mr. Sasine responding that Waste Management will sit with staff to negotiate that part of the program, however, proximity to a composting facility is paramount before any of those decisions can be made. Although there are a few facilities in the area, the cost is comparable to a landfill fee. Mayor Leja asked if they contracted for the composting service, with Mr. Sasine saying they have not negotiated a formal agreement with any single source as they want to be able to provide the customer with the lowest cost possible. Mayor Leja then called attention to the fact the City of Beaumont has a cadillac of a composting facility which has been designed as a part of construction of the new wastewater treatment plant. There were no other questions or comments from the Council. a. RESOLUTION NO. 1993 -01 - Rescinding Resolution No. 1992 -29 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. 1993 -01. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 7. Consider Applications Received for Appointment to Planning Commission. (Continued from 1/25/93). The staff report was received from the City Manager, a copy of which is a matter of record in the Clerk's file. For the record, applications for appointment to the Planning Commission were received from the following: Michael Burch, Paul DePalatis, Harry Kirkland, Larry Israelson, Mike Moreno and Richard Sandoval. The applicants who were present were introduced, with each applicant presenting verbal statements concerning their reasons for wishing to serve on the Commission, and why they felt they Page 3 Bea- --ont City Council Feb ary 8, 1993 were qualified to serve. Council Member Russo said he was ready to make a motion for appointment, stating that anytime the Council sees this number of people corning forth to serve on the Planning Commission, it is an exciting prospect to know that other people want to be involved in the community. Notwithstanding the efforts put forth by Mr. Burch and Mr. Israelson working on the General Plan and other issues, he would recommend that Mr. Kirkland, Mr. DePalatis and Mr. Moreno be appointed to the Planning Commission, to spread the opportunity around, so other people can have a chance to share in the process. Motion by Council Member Russo, second by Council Member Brey, to appoint Mr. Kirkland, Mr. DePalatis and Mr. Moreno to the Planning Commission. Council Member McLaughlin commented that each Council Member probably had an idea who they would like to see on the Planning Commission, and he felt a different method of selection should be used, with each name put forth, and a vote taken. The second by Council Member Brey and motion by Council Member Russo were withdrawn. Mayor Leja then indicated the procedure will be to nominate one Commission seat at a time. Motion by Council Member Brey, second by Council Member Parrott, to nominate Mike Moreno to serve as Planning Commissioner. 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 nominate Larry Israelson to serve as Planning Commissioner. AYES: Council Member McLaughlin and Parrott. NOES: Council Member Brey, Russo and Mayor Leja. ABSTAIN: None. ABSENT: None. MOTION FAILED. Motion by Council Member Russo, second by Council Member McLaughlin, to nominate Paul DePalatis to serve as Planning Commissioner. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Motion by Council Member Russo, second by Council Member Brey, to nominate Harry Kirkland to serve as Planning Commissioner. AYES: Council Member Brey, Russo and Mayor Leja. NOES: Council Member McLaughlin and Parrott. ABSTAIN: None. ABSENT: None. MOTION CARRIED. Mr. Mike Moreno, Mr. Paul DePalatis and Mr. Harry Kirkland were appointed to serve as Planning Commissioners, with terms expiring December 31, 1996. Page 4 2 1/ Beau -int City Council Feb. ,ry 8, 1993 8. Consider Applications Received for Re- appointment to Senior Citizens Advisory Committee. For the record, applications for re- appointment were received from �- Aline Albazan, Margie Bouvier and Nell Welch. The staff report was received from the City Manager, a copy of which is a matter of record in the Clerk's file. Staff recommendation was for re- appointment of Aline Albazan, Margie Bouvier and Nell Welch, with direction to staff to contact church and community groups in search of representative members to fill the remaining two vacancies. There were no comments or questions from the Council. Motion by Council Member McLaughlin, second by Council Member Russo, to: 1) Re- appoint Aline Albazan, Margie Bouvier and Nell Welch to second two (2) year terms to serve through January 31, 1995. 2) Direct staff to contact church and community groups in search of representative members. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 9. Wastewater Treatment Plant Upgrade and Expansion. Proposal for Engineering Services. The City Manager submitted her staff report, a copy of which is a matter of record in the Clerk's file. Her recommendation was to direct TPC to engage the services of Lee & Ro Consulting Engineers, Inc., for Phases 1 and 2. Mayor Leja asked for clarification whether the City Manager would be involved in monitoring the design costs, or would it fall under the responsibility of TPC. The City Manager replied it would be TPC, but she would definitely monitor as she is currently doing with other services they are providing. Council Member Russo reported to the Council that the Finance Committee has studied this issue extensively, and it is their recommendation that the Council follow the recommendation given by the City Manager tonight. Motion by Council Member Russo, second by Council Member Parrott, to direct TPC to engage the services of Lee & Ro Consulting �L! Engineers, Inc. as a sub - contractor for TPC for Phases 1 and 2 as outlined in the proposal dated January 14, 1993, and authorize the City Manager to execute a work order authorizing the sub - contract for such services. AYES: Council Member Brey, Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. McLaughlin, Parrott, Russo and 10. Consider Appointment to Fill Unexpired Term of City Clerk. The City Manager reported that Mr. Robert Bounds had submitted his resignation as City Clerk, effective immediately. An appointment must be made within thirty days or go to an election. Page 5" -ea-Font City Council Fet. jary 8, 1993 There were no comments or questions from the Council. Motion by Council Member Russo, second by Council Member McLaughlin, to appoint the City Manager, Dayle Keller, to fill the unexpired term of City Clerk, which term expires November 2, 1993. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 11. Reports and Appointments. Council Member Brey reported that he and Council Member McLaughlin met on Thursday with the Beaumont - Cherry Valley Recreation and Parks District, and a citizens advisory group for parks, with a conclusion arrived at that the City Manager, Dayle Keller, and the Recreation and Parks District General Manager, Brien Ross, negotiate a joint powers agreement between the City and the Recreation and Parks District. This would be for the purpose of building recreational facilities, and would be a basic, preliminary type document, so that both entities can work together to have a first class recreation area. Council Member McLaughlin said it would be in the form of a resolution to be drafted by the two representatives, to be considered by both the City Council and the Board of Directors, for adoption by both entities. Mayor Leja asked if this could be delayed until after the other cooperative agreements with the school district and water districts have been completed. Both Mr. Brey and Mr. McLaughlin said they wanted the meetings to start right away, as it will not be time consuming since it will be a very general agreement to work together. Mayor Leja said if it was just a memorandum of understanding for an agreement to work together it could be handled quickly. Council Member Brey said this basically was to establish a starting point, with Council Member McLaughlin adding you have to start somewhere, and they felt this was a good place to start. Discussion continued relative to this issue, with the possibility of a joint meeting in the future, and bringing in the school district as well. The Council concurred with direction to staff to schedule a meeting with Brien Ross. Council Member Parrott reported he spent all day last Friday with RCTC and found out how they fund our transit system among other transportation issues. The City Manager submitted a brief re formation of the Community Facilities they will be receiving quite a bit approval beginning with the Council / through the end of April. Those items are: port on the status of the District, informing them of material for Council meeting of February 22, being worked on currently 1. The School District Cooperative Agreement. 2. The Water District and Water Agency Cooperative Agreement. 3. The Resolution of Intention for formation of the Community Facilities District. 4. Resolution of formation of the Community Facilities District. Page 6 `r BeF font City Council FeL jary 8, 1993 5. Documentation necessary for issuance of the Certificates of Participation for the wastewater treatment plant. 6. Mitigation Fee Ordinance and proposed policies. Mayor Leja reported relative to the first LAFCO appearance of the year for both the City and herself. The Deutsch annexation was approved, with the condition that it would be an actual annexation once the 8th Street area has submitted an annexation application to LAFCO. 12. CONSENT CALENDAR: a. Approval of Minutes of Regular Council Meeting of January 25, 1993. b. Approval of Payment of Warrants and Payroll. Item No. 12.a was removed from the consent calendar by prior action of the Council under adjustments to agenda. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt the consent calendar with item 12.a having been removed. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 13 a. Closed session at discretion of Council. There was no need for a closed session. 13. b. Class Action Suit Concerning PERS. The City Attorney reported they have received a request for the City of Beaumont to join in a class action suit concerning PERS (Oden vs Public Employees Retirement System). The joining of the City would be in relation to an appeal which is being filed. He recommended the City should join in the action to lend weight to impress the appellant court, as it would have a direct impact on the City of Beaumont employer paid contributions. Motion by Council Member McLaughlin, second by Council Member Parrott, to give permission to the City Attorney to add the name of the City of Beaumont to the litigation in support of the appeal against the trial judge's ruling in the case of Oden vs PERS. 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 22, 1993, 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 8:34 p.m. 7 puty tfully submitted, (� City Clerk Page 7 �)CfLkS BEAUMONT CITY COUNCIL MINUTES OF FEBRUARY 22, 1993 The Beaumont City Council met in a regular meeting on Monday, February 22, 1993, at 6:07 p.m., in the City Council Chambers, with Mayor Leja presiding. On roll call the following Council Members were present: Brey, JMcLaughlin, 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. PUBLIC HEARINGS - 6:00 P.M. 4. CONSIDERATION OF A COOPERATIVE AGREEMENT WITH THE BEAUMONT UNIFIED SCHOOL DISTRICT. Mr. Ernie Egger, of Trans - Pacific Consultants, the City's d consultants for formation of Community Facilities District 93 -1 and related issues, presented a single staff report for Agenda Items No. 4, 5 and 6, requesting the Council to then act individually on each public hearing. This report is a matter of record in the Clerk's file, and is available for review upon request. Mr. David Dillon, also of Trans - Pacific Consultants, specifically addressed Agenda Item No. 6, relative to formation of Community Facilities District No. 93 -1. Mr. Dillon stated for the record that they have submitted to the City Clerk tonight the original resolution documents, which include four changes to the special tax formula which were requested by the landowners. He continued that these are relatively minor changes as related to what is in the agenda packet. Additionally for the record, a petition has also been submitted from approximately 22% of the acreage which is being considered for inclusion in CFD 93 -1. Mr. Dillon then presented information concerning the proposed community facilities district, a copy of which is a matter of record in the Clerk's file, and is available for review upon request. At the conclusion of these reports, the following recommendations were made to the Council: Agenda Item No. 4 - Adopt the Negative Declaration and approve the Cooperative Agreement with the Beaumont Unified School District. Agenda Item No. 5 - Continue consideration of the Water Agreements to the City Council meeting of March 8, 1993, as the agreements have not yet been finalized. Agenda Item No. 6 - Adopt the Negative Declaration, and adopt Resolutions No. 1993 -06, 1993 -07 and 1993 -08. Page 1 Beaumont City Council February 22, 1993 The public hearing was opened at 6:27 p.m. Mr. G. H. Ladder, Hovchild, Inc.: Good evening. For the record, Jeff Ladder, Hovchild, Inc., 23121 Plaza Pointe Drive, Suite 101, Laguna Hills, Ca., 92563. Madame Mayor and members of the City Council, before I start I would like to, on behalf of Hovchild, express our appreciation to the staff and the consultants that you have working on the school district matters, the CFD matters. I know they have been putting in a lot of hours. They have been forcing me to put in a lot of hours too. But the cooperation has been terrific, and I wanted to go publicly on record to state that. The second thing, I would like to address the school issue for a moment. We have been communicating with the school district on a rather intensive level, and I would like to ask whether or not the school district has been communicating with the City, with the City staff or the City's planning staff, and, of course, Mrs. Keller, the City Manager, all the concerns of the respective developers - and I am only speaking on my behalf, and I certainly don't want to speak on behalf of other developers - but I would just like to have somebody comment whether or not all those letters have been reviewed, incorporated, been evaluated, etc. So, if I may ask, Madame Mayor, who would be willing to address that issue. Mayor Leja: Mr. Dillon. Mr. Dillon: Thank you Madame Mayor. To my knowledge, Jeff, the school district has received the letters that I was aware of, and has made some changes since the meeting, I believe, which was last Thursday, to the proposed policy which incorporates some of the language which was being considered by the landowner group. Those changes included a provision within mitigation agreements which would allow for, on a negotiated basis, a sliding scale for the mitigation fees, so that smaller homes could pay less and larger homes could pay more. Again, that was an issue that was discussed and could be included in the mitigation agreement. There was also some language that was included which provided for the ability for developer constructed schools subject to all the school district and state requirements. There may have been others also that I can't recall right now, but I know there was an effort late last week to incorporate those changes. Mr. Ladder: My letter of February 18, which was communicated to Superintendent John Wood, covered an awful lot of items. I am not sure whether they are covered - well you have covered the sliding scale - and I am pleased about that. Then you talked about that the school district would be required to apply mitigation fees to mitigate the needs of very specific locations. In other words, there were some - - - (Mr. Ladder is speaking away from the microphone, and due to background noise a portion of his statement at this point is unintelligible) - - - - a rather dubious, there could be an ambivalent or dubious interpretation of it, so that the district could spend the money kind of wherever they wanted it. You know, we are going to be a developer within the Beaumont City limits, and we certainly would want to have our mitigation fees applied to schools within the fine City of Beaumont, and not within other City boundaries. Mr. Dillon: Let me respond to that before you go on, and then you can go to the next point. If the fee is financed through the Mello -Roos program, or the community facilities district program, there is a requirement that the property owners that are paying the tax for those schools have the right, on a priority basis, to use that school. So that is a change that occurred in January of this year. So there is a link between what the property owner is paying, the facility that is constructed and the use that he may put of it. Page 2 v Beaumont City Council February 22, 1993 Mr. Lodder: Okay. That is terrific. I think, Madame Mayor and members of the City Council, I think that our concerns have been addressed, primarily, the concern with the sliding scale. I thank you for allowing us to go on record, and again, thank you to the staff. Mr. Dillon: Jeff, I thought of one other item that I believe was included in either your correspondence or another landowner's correspondence, and that was to continue the dialogue with the landowner community so that if changes are proposed downstream to the mitigation contribution, or to the policy, that these landowners would be consulted and brought on board similar to what was done this time. Mr. Lodder: I would just like to make one more comment because in the whereas, in one of the agreements, it talked about, and I am quoting "inability of the school district to obtain funds ". Now that kind of struck me funny because the district resolution states on Page 2, in the second whereas, "the inability of the district to obtain funds ". I didn't understand the statement, but it gives the reader the impression that the school district is incapable of obtaining State funds. There are funds available, and the district ought to go after them with all out efforts, and not give the impression that it is unable to do so. 1 want to make sure that the district has vigilance - does go to Sacramento and go after State funds, so that It doesn't say, well, you know, the good old developer, they will pay for everything. Thank you. Mayor Leja: Mr. Lodder spoke in favor of the agenda item. And we have one in opposition to Agenda Item No. 4, Preston Gibson. Preston Gibson, Coscan /Stewart Partnership: Madame Mayor, members of the Council, my name is Preston Gibson. I represent Coscan /Stewart Partnership, in two projects, one of those being Three Rings Ranch and the other being the Noble Creek project, which we are now preparing a specific plan on. Let me try to pick up on a couple of things which you just mentioned Dave, but before I do I would also like to echo Jeff's thanks to the consultants, as they have spent a lot of hours on the project, and frankly it really shows, so we thank you for that. Regarding the sliding fee issue, our concern is that - especially regarding smaller homes - the new home buyer trying to afford their first home, not get hit with a fee that is extraordinarily high. With a sliding fee scale we think their needs can be accommodated in an effective manner. I did express that to John Wood, Superintendent of the School District, in a letter several days ago, and he responded that he would ask someone - I don't remember which consultant, there are so many here - to actually put that in one of the agreements. In either the cooperative agreement or the resolution. I haven't seen this. I have in my hands what I think to be, because Jim Anderson faxed to me the cooperative agreement, and Bob Whaler of the school district counsel faxed to me the resolutions that are on the board's agenda this evening - the school board. But any sliding scale reference is not mentioned in either of those agreements. So that is a concern to me, and I think probably to the other members of the building community. Another concern, I will just address before I move on, is the inability of the district to obtain funds. In the past they have had - met with not too much success in applying for and receiving State funds. There has been, I think, the last State bond election was something like one point nine - I want to say billion dollars - and they were not successful in getting much of that funding, so I do want to be sure, as part of these agreements, that they agree to move towards the State in getting funds, and do that in a more efficient manner than they have in the past. Some of the other concerns that I have this evening are regarding Senate Bill 1287. Senate Bill 1287 was approved and signed by Page 3 L SIN,•, February 22, 1993 Governor Wilson on September 30 of last year, and became effective January 1 of this year. I have a letter, I will read just a very small portion of that letter for the record. This is from the BIA, the Building Industry Association of Riverside County, from Tom Danvorst, their Executive Director. And he actually wrote this to Mr. Richard Gannon, who is Chairman of the School Board. It says, "Dear Chairman Gannon. The Building Industry Association, Riverside County Region, would like to comment on the proposed school district mitigation policy for the Beaumont Unified School District. We believe this proposal may violate provisions of the recently enacted SB1287, and thus would be contrary to State law. Governor Pete Wilson signed into law on September 30, 1992, SB1287, which together with ACA6, if it is passed by the voters in June, 1994, completes a plan designed to finance the necessary classrooms for California's growing K -12 population using fair, broad -based funding sources. SB1287 does the following: Effective January 1, 1993 the Mirror Court case is overturned. Once a developer pays a school district a statutorily authorized fee, cities or counties cannot deny the project because of adequacy of schools, nor can they impose conditions in excess of the statutory limit. Developer Agreements or conditions imposed on a site specific project prior to January 1 may be binding. Number two, local school districts on all building permits pulled after January 1, 1993 may collect a fee to a maximum of $2.65 per square foot. The district must make a need nexus finding pursuant to AB1600. In the event that a project is located in more than one school district, the additional $1.00 fee must be split between the districts:'. So, there is a concern about whether or not the City is authorized to set legislative standards that are different than what is stated in SB1287. Some of my other concerns, first of all I think our major concern is that we secure funding to move forward with the wastewater treatment plant, because I think, as we all know, development is really not going anywhere in this City without it. And there will be no need to mitigate for any school pupils, because there won't be any. Without any new residents in the community, there will be no new schools. I was a little bit concerned, and remain somewhat concerned, that this seemingly has been sort of a last minute effort. We have had about - at least I have had about a week and a half or so to review and comment on this agreement, and the consultants then worked very quickly in satisfying and meeting many of our concerns. But we have had very little time to actually work with the consultant team on this. There are just a couple of other concerns that I have. The resolution recommends that one quarter, 1/4 of the mitigation contribution be collected prior to issuance of building permits. I am unsure as to exactly how they expect that to be funded. I know that the banking industry is very tight on funding new projects, and to actually be able to fund one quarter of the fees prior to issuance of building permits may be very difficult. My final comment is that the resolution says that for all projects opting to pay the mitigation contribution, which is $5,200, the full amount - they say, "the full amount shall be collected through the District CFD ". But they have a conflicting, in my opinion, a conflicting provision in the cooperative agreement, which you have before you, in Paragraph 13. That states that the district will not sell land secured bonds without prior written consent of the City to finance more than twenty -five percent of the school facilities payments. Our calculations are that a new home can afford bonding of about $10,000. About $10,000 per dwelling unit. And $5,200 is about half. It is a lot more than 25% of the $10,000 that we think can be financed. So we think there is a problem here, and I would like, if possible, the consultants to address that one. Page 4 i f eaumont City Council February 22, 1993 But, in closing, I would like to thank the consultants again for working with me, and working with other members of the community. Thank you. Mayor Leja: Thank you. Mr. McFarlin. George McFarlin: If I may respond to a couple of things. The 25% provision in the agreement, I might read that sentence. It states that the City agrees to use its best efforts to insure that a portion of the land secured bonding capacity will be reserved to the School District for the purpose of issuing bonds to fund approximately 25% of the school facilities payments, or as otherwise agreed to by the City and School District. It is a best effort provision, and the reason it is in there is because the School District has made the argument that they need increments of money in order to buy school sites or to do specific projects. If the money comes in as building permits are pulled, they may not have enough up -front money to initiate a project, or to qualify for State funds, for that matter. So that they are always lagging behind the need. And the purpose of this is to give them a little bit of a boost so that they can anticipate the need for school facilities. And the other point relating to the total bonding capacity available to a parcel of land or a building site, we also recognize that ten or eleven thousand dollars is probably the maximum amount that could be funded for any particular house. The City, in adopting its financing program, has established or expects to establish priorities with respect to the full range of improvements that could be financed under this program. They obviously don't want to commit going in to fund $5,200 school fee, or whatever the school policy happens to call for. So, that is why they have cut that back, and say that it is their best effort to fund a portion, an incremental portion, of that, but that the City has other priorities. They have, as you say, the sewer plant. They have water facilities to fund. They have transportation facilities to fund. So, to that extent, the School District does not have a first call on any of the bonding capacity of that land, and the City is still in a position of setting priorities for all public improvements. I don't know if that . . Mr. Gibson: The sliding scale issue also. Mr. McFarlin: I think Dave found the . . Mr. Dillon: Thank you George, if I could just - before I get to that one - read, I don't know if this is the same one you read, George, but it says it will be desirable to devise methods by which at least one quarter of the mitigation contribution will be paid, and the mitigation contribution can be paid on an individual building permit basis. It doesn't have to be financed. And I know there was some confusing language in some of those drafts that were being passed back and forth with regards to that one specific issue that was raised, and I think that that has been cleared up. Mr. Gibson: Are we talking about prior to issuance of a permit. Mr. Dillon: Prior to the issuance of a building permit, that is you could pay on a individual building permit basis, and when that payment is made the tax lien is removed from the property. So there is the ability to do that without financing it. And it is only a best effort to arrive at a 25% contribution early on in the project, as was mentioned by George. I think there has been a recognition on the part of the School District that there are other improvements which need to come first before schools, and that is part of the reason there was movement on the 25% issue, which, as you recall, really started out much higher than that. Page 5 / ' ' Beaumont City Council February 22, 1993 With regards to Senate Bill 1287, the School District counsel and George McFarlin looked at that very closely. There was a California legislative counsel opinion. There was also a San Diego County counsel and Sacramento counsel opinion, that said there was still some room to do some things that would mitigate school impacts, which could include phasing of a project. And those provisions are included in this agreement. So you can phase a project, still pay the $2.65 per square foot, and wait for those facilities to be present to accommodate the need. So, I hear what you are saying on 1287, but I think there have been great efforts put forth to make this agreement consistent with Senate Bill 1287 ultimately. In terms of the School District's ability to go after other funding, I think the City has recognized that is a very important issue, and included within the cooperative agreement are provisions which ask that the School District use its best efforts to go after other funding sources, including general obligation bonds, state funding, as well as going to other agencies within their jurisdictional area. Other cities, and the County, to make sure that those cities and the County are doing their best to mitigate school impacts in a fashion commensurate with what the City of Beaumont is doing. With regards to the sliding scale, and I will give you a copy of this Preston so you have it, on Section 3, Item 2, there is language that has been inserted that says, "in formulating individual mitigation agreement, the District intends to consider such options as developer land donations, developer construction of schools and alternative mitigation payment levels based upon the size of the residence being constructed ". I will give you a copy of this. Mayor Leja: Are there any other comments. Are both of you raising your hands. Mr. Lodder had his up when you were up here speaking Preston. Brief, you get one minute. Jeff Lodder: Madame Mayor, members of the Council, you made a statement which is, in principal, what I wrote, you said "in favor of Item 4 ". We are, in principal, supporting the school mitigation agreement, however, I would like to make a comment, and that is regarding the sliding scale - and I would like to submit this letter as evidence of our presentation - and we believe as Mr. Preston Gibson stated, that the District should and can only charge whatever the legislation says, and not more. Also, and one of the things that Mr. Dillon stated about the other than Mello - Roos funds, etc., etc., and in my letter I wrote "based upon the foregoing I also believe that the District ought to pursue the approval of general obligation bonds for the purpose of constructing school facilities, to accommodate new and existing developments ". That is something that you didn't mention, but it is very important to everybody here to understand that developers are willing to fund new schools for new development. But I also believe that they go after general obligation bonds for those people who live here, and who need new schools, they ought to pay, and they will then have their ability to buy the general . . . Mayor Leja: I believe you just read that. Mr. Lodder: I know it. I wanted to make sure that - he did not mention the existing population. Mayor Leja: Yes he did. Mr. Ladder: He did. Okay, then I didn't hear that. And then the School District ought to go after year -round schools. Anyway, for the record, I would like to submit my February 18 letter to Superintendent Wood. Let the record show Mr. Lodder's letter of February 18, addressed Page 6 �; Beaumont City Council February 22, 1993 to Superintendent Wood, was received for the record. Thank you. Mayor Leja: Thank you. Mr. Gibson. He spoke a minute and a half. You get the same. Preston Gibson: Some companion legislation in obligation bonds along with SB1287 is ACA6, w easier for school districts to have general approved, because at this time they have to get vote, but it will be by simple majority if ACA6 1994. It will make it dasier. regard to general hich will make it obligation bonds two - thirds of the passes in June of I must have missed that part about the sliding scale Dave. It answers some of my questions, but I also would question -- there are three options that developers /landowners can take. One of those being pay the $5,200 through a CFD. If a developer is building, say, a starter home tract, he will have a tract of small homes and still have to pay that entire $5,200. So it doesn't really address that portion - the sliding scale doesn't address that portion of the agreement. One final point, I know Dave - you mentioned that the phasing, at least I think you said somebody in San Diego County that used phasing to circumvent the provisions of 1287. Let me just read one more paragraph. I will submit this for the record to Julia White. Again, Tom Danvorst, Executive Director of the Building Industry Association, Riverside County, advises that "although we have heard statements that the proposed policy has been carefully drafted by the District and the City to insure compliance with 5B1287, we feel that some of the options given to builders have the potential to violate State law. For instance, by stating the builder can pay the applicable State statutory fees if there is an agreement to phase the project until adequate school facilities capacity exists, the effect then is that to proceed the builder must agree to pay a higher fee. This seems just another way to circumvent the intent of SB1287 ". Let me also add that there has been a lot of discussion about 1287. It is a very, very controversial bill as I think you can all understand. There is one attorney, in particular, that has - I think he works for about sixty school districts, who has one opinion of what it means, and then I think builders have a number of attorneys who have opinions of what it means on the other side. But, unfortunately, it takes quite a while to get an attorney general's opinion on a bill, and it may be up to a year before we have that. So, we just don't really know for sure what it means, but we are all talking what we think it means. Mayor Leja: Thank you very much. And, like you said, none of us know what that bill really means. And, unfortunately, it is one more chip on the old block for the State, and we have no option but to try to work with our own school districts to mitigate the schools that are needed in our community. Even though we understand the difficulties that we all have working with the State, and what they give to us to work with. Are there any other comments from the public. Any other comments. If not, we will close the public hearing. The public hearing was closed at 6:53 p.m. There were no comments or questions from the Council. a. Adoption of Negative Declaration 93 -ND -2 - Consideration of Adoption of a Negative Declaration Pursuant to the California Environmental Quality Act for a Cooperative Agreement with the Beaumont Unified School District. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Negative Declaration 93 -ND -2 pursuant to the Page 7 r � ,1 Beaumont City Council February 22, 1993 California Environmental Quality Act, consistent with the findings of the Initial Study that execution of the agreement will not have a significant impact on the environment. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. b. Cooperative Agreement Between City of Beaumont and Beaumont Unified School District. Consider Action to Approve Agreement and Authorize Mayor to Execute Same. Motion by Council Member McLaughlin, second by Council Member Parrott, to approve the Cooperative Agreement between the City of Beaumont and the Beaumont Unified School District, and authorizing the Mayor to execute the agreement. Prior to the vote, the City Manager noted for the record that a letter was received from Landmark Land Company stating they have a previous mitigation agreement with the School District dating back to December of 1989. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. The meeting was recessed at 6:54 p.m., reconvening to regular session at 6:55 p.m. 5. CONSIDERATION OF COOPERATIVE AGREEMENT WITH THE BEAUMONT- CHERRY VALLEY WATER DISTRICT AND THE SAN GORGONIO PASS WATER AGENCY. The staff report concerning this agenda item was given previously by Ernie Egger, of Trans - Pacific Consultants, prior to Agenda Item No. 4, with a recommendation to open the public hearing, then continue the public hearing and consideration of the action items to the next regular meeting. The public hearing was opened at 6:56 p.m. There were no requests to speak at this time. The public hearing was continued to the next regular Council meeting on Monday, March 8, 1993, at 6:57 p.m. a. Adoption of Negative Declaration 93 -ND -1 - Consideration of Adoption of a Negative Declaration Pursuant to the California Environmental Quality Act for a Cooperative Agreement with the Beaumont - Cherry Valley Water District and the San Gorgonio Pass Water Agency. b. Cooperative Agreement Among City of Beaumont, Beaumont - Cherry Valley Water District and San Gorgonio Pass Water Agency - Con_sider Action to Approve Agreement and Authorize the Mayor to Execute. There being no objections, this agenda item was continued to Monday, March 8, 1993. 6. PROCEEDINGS FOR THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT NO. 93 -1. The staff report regarding this agenda item was received from David Dillon prior to Agenda Item No. 4. The public hearing was opened at 6:58 p.m. Page 8 v✓ Beaumont City Council V-ebruary 22, 1993 There being no one requesting to speak on Item No. 6, the public hearing was closed at 6:57 p.m. ---Ttmre were no comments or questions from the City Council. a. Adoption of Negative Declaration 93 -ND -3 - Consideration of Adoption of a Negative Declaration Pursuant to the California Environmental Quality Act for the Proceedings Associated with the Establishment of Community Facilities District No. 93- 1. Motion by Council member Parrott, second by Council Member Russo, to adopt Negative Declaration 93 -ND -3 pursuant to the California Environmental Quality Act, consistent with the findings of the Initial Study that the proceedings associated with the establishment of Community Facilities District No. 93 -1 will not have a significant impact on the environment. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. b. RESOLUTION NO. 1993 -06 - A Resolution of the City of Beaumont Declaring its Intention to Establish Community Facilities District No. 93 -1 and to Levy a Special Tax to Pay for Certain Public Facilities and Services in and for Such Community Facilities District. Motion by Council Member Russo, second by Council Member Parrott, to adopt Resolution No. 1993 -06. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. _. ABSENT: None. C. RESOLUTION NO. 1993 -07 - A Resolution of the City of Beaumont Declaring its Intention to Issue Bonds Secured by a Special Tax to Finance Certain Facilities of City of Beaumont Communities Facilities District No. 93 -1. Motion by Council Member Parrott, second by Council Member McLaughlin, to adopt Resolution No. 1993 -07. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. d. RESOLUTION NO. 1993 -08 - Approving Reimbursement Agreements with Landowners and or Developers Within Proposed Community Facilities District No. 93 -1 for Certain Cost of District Formation. Motion by Council Member Russo, second by Council Member Parrott, to adopt Resolution No. 1993 -08. Prior to the vote, the City Manager stated she had received a letter to introduce into the record regarding this Resolution, from Robertson Development Corporation, with specific questions concerning the reimbursement agreement. This letter will be referred to the appropriate consultant to respond. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. L) Page 9 I Beaumont laity Council February 22, 1993 7.\ Request for Public Input for Utilization of 19th Year Community !i'Development Block Grant (CDBG) Funds. The City Manager presented her report, a copy of which is a matter of record in the Clerk's file. Her recommendation was that following the public hearing, the Council discuss priorities for use of block grant funds, and direct staff to bring back several alternative packages for funding at the March 8 meeting. The public hearing was opened at 6:58 p.m. Mr. Robert Gemar, representing Alternatives for Domestic Violence: I am a volunteer with Alternatives to Domestic Violence, and I want to thank you for the time this evening. We want to thank you for your past support of Alternatives to Domestic Violence and the effort our organization gives to victims of domestic violence throughout Riverside County. As our proposal indicates, domestic violence touches 50 %, statistics show 50% of all relationships, unfortunately, are maybe fortunately, not all of those are repeats. It is the repeat incidents of domestic violence that create horrendous social and economic turmoil in our society. Not only does it affect individual adults, but it also affects children. In my past experience in education I have seen the direct effect of that with children. Our organization provides crisis intervention lines, 24 -hour crisis lines that serves all of Riverside County. It also provides shelter for victims to find a safe haven in the event that their situation is untenable. It also provides community service and community education, which a number of us volunteers provide - we go anywhere, talk to anyone who will listen to our cause. Perhaps I need to explain just briefly the differential in the two grants. Initially, the $3,000 grant which was proposed - when we submit grants to the City, we attempt to do that on a prorata basis, that is to say the population of that particular area in relationship to the entire County. So the $3,000 represents a portion of our total budget, which is, I might add - and continues to - rapidly decrease because of the funding that has decreased from the federal government and from the state government in the past. ,And we are relying more and more on cities and private contributions to help support our efforts. When we heard word through the grapevine, and we are still not quite sure that it is absolutely official, that cities were recommended to only consider grants of $10,000 or more, we submitted that so as not to be remiss in being overlooked in the process. I might add, however, that Beaumont is part of what is called the mid - county area. We divide our county into four regions, and the mid - county area includes the Pass, Hemet, San Jacinto, Perris and that particular area, so it is the San Jacinto Valley and the Pass Area. Statistics show that 16% of our 14,000 calls a year come from the mid - county area. So that the $10,000 that we requested is much less than the prorata of our budget and our support for this area. We certainly appreciate your support in the past. We also appreciate your fine Police Department who has cooperated with us on every effort in trying to deal with issues of domestic violence, and training of the staff here in your City has been a very useful partnership. If there are any questions, I would be glad to answer them. Mayor Leja: Mr. Russo. Council Member Russo: What are the cities in the mid - county area again. Mr. Gemar: Beaumont, Banning, Elsinore. Page 10 San Jacinto, Hemet, Perris, Beaumont City Council 7ebruary 22, 1993 Council Member Russo: Do you have any statistics on Pass area response. Mr. Gemar: I don't have those with me. We do get a yearly report from each Police Department. We ask for each Police Department to send us a yearly report of their particular responses in their City. I don't have that current figure right now, but as I recall from past experience it has been somewhere in the neighborhood of about 75 plus or minus per year. Mayor Leja: Thank you. Are there any other questions. Is there anyone else wishing to speak on Item No. 7. The public hearing was closed at 7:10 p.m. The meeting was recessed at 7:11 p.m., reconvening at 7:19 p.m. a. Discussion Relative to Proposed Projects for Use of 19th Year CDBG Funds. Council Member Russo recommended that the City Manager review the requests, and if Council Members have specific items for consideration, to let the City Manager know within the next week, and bring a proposed list back to the next City Council meeting. There being no objections, the City Manager was directed to bring a proposed list of projects back to the next City Council meeting. End Public Hearings. . } Consideration of Claim and Amended Claim Filed Against the City by Courtland T. Snediker, aka Todd Snediker. The staff report was received from the City Manager, a copy of which is a matter of record in the Clerk's file. The recommendation was for rejection of both the claim and amended claim. There were no comments or questions from the Council. Motion by Council Member Parrott, second by Council Member McLaughlin, to reject the claim and amended 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. (-9—' RESOLUTION NO. 1993 -09 - Designating Certain City Officials as Individuals Authorized to Execute Applications and Documents for the Purpose of Obtaining Financial Assistance Under Federal Civil Defense Act of 1950 as Amended (Public Law 920, 81st Congress, 50 USC App. 2251- 2297). The City Manager's staff report was received, a copy of which is a matter of record in the Clerk's file. There were no comments or questions from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1993 -09. Page 11 C F. 10 AYES: Council Member Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Beaumont City Council February 22, 1993 Brey, McLaughlin, Parrott, Russo and Comments to LAFCO on Calimesa Proposals for Sphere of Influence Amendment and Reorganizations No. 1 and 2, to Include Annexation 1, 2, 3 and 4. The City Manager's report was received, a copy of which is a matter of record in the Clerk's file. Additionally, staff reports were received from David Dillon and from Ernie Egger, of Trans - Pacific Consultants, copies of which are also a matter of record in the Clerk's file. Mr. Stanley Ridell, 9601 Avenida San Timoteo, Cherry Valley, representing Cherry Valley Acres and Neighbors and the Cherry Valley Chamber of Commerce, addressed the Council stating they do not support the proposal by Calimesa to expand their sphere of influence into Cherry Valley. The reasons they do not support it is that sphere of influences lead to annexations, annexations lead to developments, and they do not know what those developments might be. They are hopeful that LAFCO will look favorable on the development of the community of interest concept, which is now being worked out by Supervisor Corky Larson. Their primary concern is to maintain the rural character of Cherry Valley. He went on to say they have a great deal of respect for members of the Beaumont City Council, but they also have a great deal of respect for the new members of the Calimesa City Council, who were elected on a platform for slow growth, and they support them in that regard. It isn't that they don't favor, at some point, becoming either a part of Calimesa or Beaumont, but they would like to have time to develop the options they want to adopt. They are aware they are susceptible to development because of the open land area around Cherry Valley, and any landowner can request annexation for development and they can't stop them, but he wanted to leave a thought with the Council, and that is that as they move north towards Cherry Valley, and as they approve developments, the people of Cherry Valley will be well aware of what they are doing, and they will of what Calimesa is doing. If the developments are such that it will destroy the real character of Cherry Valley, they can be assured that the inner heart of Cherry Valley will never ever vote to become a part of either City under those conditions. Mr. Riddell concluded with the statement that he suggests the cities do their planning well, move forward in an orderly way, develop a community that they can all be proud of, and that they can all support in the future. Mayor Leja asked for clarification from Mr. Riddell regarding exactly why they were against Calimesa's proposal, simply because it encroaches on Cherry Valley. Mr. Riddell responded that primarily it is that they have the community of interest concept which is still being developed, and they are hopeful that will result in the designation of Cherry Valley as a Community of Interest, so they will then have time, under the concept that is being developed, to determine themselves what they would eventually want to be. They might decide at some point in time to become a part of Beaumont. Or they might decide to become a part of Calimesa because of the way they develop the open land around them. At this time it is premature to open up that area to development now, through a sphere of influence and an annexation, until these things are resolved. Cherry Valley wants time to develop their own destiny, and their destiny right now is to maintain the rural character of Cherry Valley. Page 12 t°_( Beaumont City Council ebruary 22, 1993 Council Member Russo asked what Cherry Valley's strong recommendation to Calimesa be right now, with Mr. Riddell replying they would request them to withdraw their request to expand their sphere of influence, and let the community of interest concept develop. Let them see what is going to be. If, in fact, LAFCO decides that the sphere of influence concept has no merit, and they can't support it, then they are back to the drawing board and they will go from there. Hopefully, the community of interest concept will give them some type of protection for now so they can develop what type of community they want to be. There were no other questions or comments from the Council. Motion by Council Member Russo, second by Council Member McLaughlin, to authorize the City Manager to sign the letter prepared to Mr. Spiliotis, Executive Director of LAFCO, with the comments in reference to the sphere of influence amendment and reorganization of the City of Calimesa. AYES: Council Member Brey, McLaughlin, Parrott and Russo. NOES: None. ABSTAIN: Mayor Leja. ABSENT: None. 11. Reports and Appointments. There were no reports or appointments. 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 an considered separately. a. Approval of Minutes of Regular Council Meeting of January 25, 1993, Special Meeting of February 1, 1993 and Regular Meeting of February 8, 1993. b. Approval of Payment of Warrants and Payroll. 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 Pursuant to Government Code Section 54956.9(c) to Confer with Its Attorney Regarding Pending Litigation. The meeting was recessed to closed session at 7:37 p.m., reconvening to regular session at 7:44 p.m. Date set for next regular Council Meeting, Monday, March 8, 1993 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. R5eppletfully submitted, uty City Clerk Page 13 { BEAUMONT CITY COUNCIL MINUTES OF MARCH 8, 1993 The Beaumont City Council met in a regular meeting on Monday, March 8, 1993, 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. The City Manager requested two adjustments to the agenda, as follows: Agenda Item No. 6: Staff is requesting Item No. 6, the appeal filed by Jack Bowie, be removed from the agenda for further study. Agenda Item No. 8: The addition of a request for a name change in addition to the request for a rate increase. The second request was received after the agenda was posted, and since it is covered by the same ordinance, staff is requesting the name change issue be considered at the same time as the rate change request. There being no objections, these adjustments were made to the agenda. 3. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. CONTINUED PUBLIC HEARING - 6:00 P.M. 4. Consideration of Cooperative Agreement with the Beaumont - Cherry Valley Water District and the San Gorgonio Pass Water Agency. g (Continued from February 22, 1993). The staff report was presented by Mr. Dave Dillon, of Trans Pacific Consultants, in which he advised the continuance was requested at the last meeting to allow the various public agencies time to review the agreements and make some modifications. He continued that the agreements before the Council tonight establish a basis of cooperation among the City and its primary water purveyors, and have been approved by the Beaumont - Cherry Valley Water District. They would have been acted upon today by the San Gorgonio Pass Water Agency except for a technicality in the noticing procedure for the meeting. The agreement will be brought back to the Pass Water Agency on either Wednesday of this week, or Monday of next week, for action. He then gave a brief summary of the intent and purpose of the cooperative agreements, and called attention to three minor modifications to the agreements which arse 'n,ot included in the packet received by the Council, as follows: ' Page 1 I) U i1 U III U I I U L l 1, y L�UUIIL:_L L March 8, 1993 Page 6 of the three party agreement, entitled San Gorgonio Pass Water Agency Water Facilities Master Plan Cooperative Agreement, on Item 3, at the end, language has been added which reads, "for agency facilities the benefits or use of which is limited to boundaries within which definitive capacity can be collected, as set forth in Section 4.d(4) ". He then explained this language has been added to provide the agency a third alternative for exacting definitive mitigation fees, which contemplates an area of less size than of the entire agency - in other words, if the agency tries to implement an agency wide plan, either through a general obligation bond program or other financing scheme, or through cooperative agreements with the other cities and water purveyors within its jurisdictional area, and cannot do that, they can identify an area somewhat smaller than the entire area and put together a financing plan just for that area. Page 6, Item 4, a technical change has be made to the sentence that states "the District agrees, as a condition precedent to issuing water connection permits in the City CFD 93 -1, or any area annexed to the District after the date of this agreement, that it shall obtain the written consent of the agency, which consent shall be for the purpose of verifying the collection of the capacity fees." In other words, the City will not actually collect the mitigation fee for the agency, but will verify that the fee has been paid prior to the issuance of a building permit. The final change is on Page 8, Item 3, which is also a technical change. Language has been inserted to allow more discretion in the negotiation of a joint financing agreement. The previous language said "to the extent required, if the Agency elects to finance the regional water facilities through CFD 93 -1 or other bond issues, that the Agency, City and District agree to enter into a joint financing agreement ". The wording has been changed to read "The Agency, City and District agree to exercise their best efforts to enter into a joint financing agreement. ", which makes it consistent to recent changes in the Mello Roos legislation. Mr. Dillon then recommended that, based upon the findings and conclusions contained in the staff report, staff recommends adoption of a Negative Declaration for the environmental assessment, approval of the agreements and authorization for the Mayor to execute the agreements. The Public Hearing was re- opened at 6:12 p.m. Mr. Rich Watson, Culbertson, Adams & Associates, representing Mission Viejo Company: I had a couple of questions seeking clarification. One of them occurs on Page 4 of the first report, and I assume the same language is in the second agreement, not the report but the agreement, under Section 6, it says City and District financing of back -up facilities. Toward the bottom of that paragraph is a reference. It says a copy of the CFD 93 -1 map is attached hereto as Exhibit C. My question for clarification is, although later it talks about annexation to the District, the way I could interpret that language it means that is the district, and unless there is a note either placed on the map, or something is said here that is the initial district, since later it is anticipated other properties will annex, and Mission Viejo Company's property is currently outside the City and the Water District. I just wanted to ask for clarification on that so there would be no confusion in the future about properties currently outside the boundaries of the City. Then I had another clarification. The 4,000 acre feet, on the page where that is referenced, and it says it does not preclude, I think, finding other sources. That is in the three party agreement. The one with the Water District is referenced to the 17,300 acre feet allotment. Is that a 49000:, ; just from the 17,300 acre feet, and the reference to the abilityrto increase - finding other sources, does that include the rest of that 17,300 as an additional source. That was a point of concern I had, just Page 2 --- v �, Beaumont City Council rch 8, 1993 understanding those numbers. And, I had one other concern. I didn't know whether you - if something happens with the formation of CFD 93 -1, or whether you need to say something like CFD 93 -1, or other such district formed by the City for similar purposes, so you wouldn't be locked into just that district if you ended up having to redo it as 93 -2, or use some other mechanism to accomplish the same ends. Mr. Dillon: I think it is clearly the intent of the agreement to contemplate future annexations into CFD 93 -1. And, in fact, the map which is included showing CFD 93 -1 could include a note on it which indicates that it is the proposed boundary at this time and subject to future annexations. I don't think that would be an unreasonable request to make. I think we could accommodate that. Mayor Leja: Does that affect the agreement at all. Mr. Dillon: I guess I would have to defer that to Chuck. Chuck Butcher with the Beaumont- Cherry Valley Water District, because they have already acted upon the agreement. I think we could clearly get that note included before Wednesday on any matter that would come before the Agency. I don't think it materially affects the agreement, because everybody understands, I believe, that future annexations are contemplated. And that the map is just a proposed district boundary at this time. Chuck Butcher, General Manager of Beaumont - Cherry Valley Water District: I think it is our impression throughout the negotiations that the intent of entering into this agreement was for service within our sphere of influence, both the City and the Beaumont- Cherry Valley Water District, so that would include quite a much larger territory than what is shown in the exhihit. Mayor Leja: Thank you. Do you want to address the rest of Mr. Watson's questions. Mr. Dillon: With regards to the 4,000 acre feet per year, it is my understanding that additional sources could mean allotments from the 17,300, depending upon whether or not there was other participation in the Pass Agency's financing plan, and whether or not there are sufficient supplies to go beyond the 4,000 acre feet. But I don't know whether - Steve, whether you would want to address that or not. Steve Stockton, General Manager, San Gorgonio Pass Water Agency: The intent there was for the Agency to look beyond the 17,300. For instance if we found another five or six hundred or a thousand acre feet, then that is where the 4,000 acre feet could be adjusted such if there was additional water available to the City agencies from other additional sources throughout California. Mr. Dillon: Steve, if there was only one agency that participated in the plan - I know that is somewhat of an unlikely scenario, but if that were the case, doesn't the language in the agreement allow you to designate additional sources to the CFD. Mr. Stockton: Yes, that could be done at the Board's discretion. Mayor Leja: Mr. Butcher. Mr. Butcher: Additionally, on Page 3 of the agreement between the Beaumont - Cherry Valley Water District and the City of Beaumont, under mitigation fees, there is a fee which is called "New Imported Water Fee ", it has a number two beside it, and it says, "new imported water exceeding the existing agency entitlement of 17,300 of the State Water Project per year." In other words, what we have in this agreement is a miti'ga;tiog eaee that will come to the Beaumont - Cherry Valley Water District and' enable the District, as we possibly get that 4,000 acre foot number, if Steve's got Page 3 — Ls.o Beaumont City Council ^A arch 8, 1993 water we might buy the right from him. If not, we might shop around somewhere else in the State of California and ask Steve to wheel that water in for us. Mr. Dillon: Then, on the last question, CFD 93 -1, I think it is our intent to keep that number in place whether that district is formed this year or next year or the following year. If for any reason there is a change in that number which could affect the agreements, I think we could go back and get a letter from the Agency and the District recognizing the change in the CFD number. Mayor Leja: Okay. Are there any other questions. Is there anyone else that would like to comment or ask questions regarding Item No. 4. I guess they did it all at the Beaumont- Cherry Valley Water District and the Pass Agency meetings. Is there anyone else who would like to comment on Item 4. One more time, anyone who would like to comment on Item 4. If not, we will close the public hearing. The public hearing was closed at 6:20 p.m. a. Adoption of Negative Declaration 93 -ND -1 - Consideration of Adoption of a Negative Declaration Pursuant to the California Environmental Quality Act for a Cooperative Agreement with the Beaumont - Cherry Valley Water District and the San Gorgonio Pass Water Agency. There were no comments or questions from the City Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Negative Declaration 93 -ND -1 based on the Findings and conclusions. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. b. Cooperative Agreement Among City of Beaumont, Beaumont - Cherry Valley Water District and San Gorgonio Pass Water Agency - Consider Action to Approve Agreement and Authorize the Mayor to Execute. There were no comments or questions Frain the City Council. Motion by Council Member McLaughlin, second by Council Member Russo, to approve the cooperative agreement between the City of Beaumont and the Beaumont - Cherry Valley Water District, and authorize the Mayor to execute same. 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 Russo, to approve the cooperative agreement between the City of Beaumont and the San Gorgonio Pass Water Agency, and authorize the Mayor to execute same. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. END PUBLIC HEARINGS Page 4 Pnaumont City Council rch 8, 1993 5. 19th Year Community Development Block Grant (CDBG) Funds. Consider action to determine projects for 19th Year CDBG ` Funding, authorize submittal of application to the Economic v Development Agency, and consider adoption of Notice of Exemption for 19th Year projects. The City Manager presented her report, a copy of which is a matter of record in the Clerk's file. Her report included four alternatives for use of 19th Year Community Development Block Grant Funds, with a recommendation that staff be directed to complete and submit a formal application to the Economic Development Agency, with further recommendation that a Notice of Exemption be adopted for the project. a. Discussion Relative to Proposed Projects for Use of 19th Year CDBG Funds. The City Council considered the alternatives presented, all of which included renovation of restrooms in both Stewart and Rangel Parks to meet the Americans with Disabilities Act requirements, as well as the requests for funding from Alternatives to Domestic Violence and Senior Home Repair. Council Member Russo pointed out that at least two of the alternatives include much needed repairs and renovation of both the wading pool, which is out of commission and was out of commission all last year, and the swimming pool, and given the fact that is one of the main recreational facilities in the community, with so many people taking advantage of it in the summer months, he would like to make sure those are included in applying for the funding. Additionally, it was his opinion the City must renovate the restrooms to meet ADA. His personal choice was Alternative D, which includes Alternatives to Domestic Violence, Senior Home Repair, renovation of the restrooms at both parks, replace windows and install air conditioning in the Senior Center, replace filtering system and replaster the small wading pool, and replaster the main pool at Stewart Park. With all the activities which take place in the Senior Center, and as hot as it gets in the summer, he felt there was a real need for this. Council Member McLaughlin said he personally favored Alternative B, which included everything in Alternative D, except replacement of the windows and installation of air conditioning in the Senior Center is deleted, and replacement of sidewalks around Wellwood School is added. Council Member Brey indicated his choice would be Alternative B, with Council Member Parrott saying he would prefer Alternative A, and Mayor Leja stating either B or D would be acceptable to her. Mayor Leja wanted to know if there was some way to initiate a citywide sidewalk program, because the need is not just around Wellwood School, the problem is everywhere in the City, and she didn't think there would ever be enough block grant funds to take care of all the sidewalks in the next ten years. She then wanted to know if there are other funding sources the City could pursue to correct the sidewalk problem, as they are needed - there is a large senior population who need them, plus the children, especially around the schools. She asked if this could be put on another agenda to look at sidewalks citywide so priorities could be identified. The City Manager said staff could bring some alternatives to the Council for dealing with the problem citywide, with one of those alternatives being an assessment district or assessment districts, with property owners agreeing to join.• Oi-thor, alternatives, such as grant funding, could also be considered. Page 5 S i Beaumont City Council M ch 8, 1993 Discussion followed concerning the various options, with the conclusion reached the need for repair of the wading pool was immediate, and should be accomplished before the pool is opened this year, therefore, it should be removed from consideration of CDBG funding, and other funding used in order to complete those repairs prior to the pool opening this year. Direction was given to staff to place discussion of funding for repair of the wading pool on the agenda for March 22. As a result, it was determined that a combination of the remaining alternatives should be submitted to EDA for 19th Year CDBG funding. b. Determination of Use of 19th Year Community Development Block Grant Funds, and Authorization to Submit Application to the Economic Development Agency. Motion by Council Member Brey, second by Council Member McLaughlin, to direct staff to complete a formal Community Development Block Grant application for the 19th year program funding, and forward that application to the Riverside County Economic Development Agency for the following projects: o Alternatives to Domestic Violence o Senior Home Repair o Renovation of restroom building, 900 block Stewart Park (including ADA requirements) o Add funding for ADA renovation of Ran already funded from o Remove and replace feet of sidewalks Elementary School requirements with gel Park restroom 17th Year approximately 445 around Wellwood ($28 /lineal foot) o Replaster main pool at Stewart Park o Replacement of windows and installation of air conditioning in the Senior Center $ 2,874.00 9,757.25 13,321.00 5,143.00 12,817.00 10,290.00 13,578.00 $ 67,780.25 AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. C. Consider Adoption of Notice of Exemption for 19th Year Community Development Block Grant Projects. Motion by Council Member Russo, second by Council Member Brey, to adopt a Notice of Exemption for the projects identified for 19th Year CDBG funding, as follows: Alternatives to Domestic Violence; Senior Home Repair; Renovation of restroom building, 900 block Stewart Park (including ADA requirements); Add funding for ADA requirements with renovation of Rangel Park restroom already funded from 17th Year; Remove and replace approximately 445 feet of sidewalks around Wellwood Elementary School ($28 /lineal foot); Replaster main pool at Stewart Park; Replacement o�.f,'windows and installation of air conditioning`in the-Senior Center. Page 6 S 6 Beaumont City Council h ch 8, 1993 AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 6. Appeal by Jack Bowie of the City Manager's Decision Ordering the Removal of a Non — Conforming Pole Sign at the Front of 695 East 1 Sixth Street. Consider testimony received and grant or deny the appeal. This agenda item was removed from the agenda by previous action under adjustments to agenda. 7. Consider Adoption of Agreement with Eighth Street Property Owners. Consider action to approve agreement with residents of the Eighth Street area as a condition for annexation to the City. The staff report was received from the City Manager, a copy of which is a matter of record in the Clerk's file. The City Manager's recommendation was for approval of the agreement with the Eighth Street property owners, with the understanding that the agreement will be effective only if both the Deutsch land and the Eighth Street island residential area is annexed into the City. Two amendments to the agreement were recommended, one being on Page 2, Item No. 1, fifth paragraph, add a sentence stating "The City agrees to waive any increase in the current fees." The second amendment is also on Page 2, Item No. 3, delete the words "by February 28, 1993 ", and add a sentence stating "The City agrees to meet with the task force when the traffic study is initiated." Responding to a question from Council Member Russo regarding whether all property owners know about this agreement, Earl Woodley, Jr., Chairman of the Eighth Street Property Owner Ad Hoc Committee, advised that after the original memorandum of understanding, the ad hoc committee passed flyers around to everybody in the area in order to obtain signatures on the petition, and the Deutsch Company, the City and the committee have worked very hard to be certain everyone was kept advised. Motion by Council Member McLaughlin, second by Council Member Russo, to adopt the agreement with the Eighth Street property owners, with the amendments as recommended by staff, with the understanding that the agreement will be effective only if both the Deutsch land and the Eighth Street island residential area is annexed into the City. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 8. Request from Mr. Henry Barnes, of Pass Taxi, for Permission to Increase Rates. Consider action to grant permission for a rate increase to Pass (� Taxi. By previous action under adjustments to the agenda, a request for consideration of a name change from Pass Taxi to Beaumont Pass Taxi will also be considered. The City Manager presented her report, a copy of which is a matter of record in the Clerk's file, with a recommendation for approval of both the rate increase and the name change. w There were no comments or questions from the Council. Page 7 � 7 Beaumont City Council t ch 8, 1993 Motion by Council Member Brey, second by Council Member McLaughlin, to approve a rate change for Pass Taxi as follows: $5.00 for one to five people anywhere in Beaumont. .50 per minute waiting time. .25 per bag for groceries and to further approve a name change from Pass Taxi to Beaumont Pass Taxi. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 9. Consider Claim for Personal Injuries Filed by Lori L. Snediker. Consider action to reject claim for personal injuries. The City Manager's staff report was presented, a copy of which is a matter of record in the Clerk's file. The recommendation from both the City Attorney and the City's Claims Administrator was for rejection of the claim based on the findings. There were no comments or questions 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. 10. Consider Adoption of Police Vehicle Pursuit Procedure Polic Consider action to adopt a procedure policy for police vehicle pursuits. The City Manager presented her report, a copy of which is a matter of record in the Clerk's file, with a recommendation for adoption of the procedures set forth in Police Department General Order 9.2.1. There were no comments or questions from the Council. Motion by Council Member Parrott, second by Council Member Russo, to adopt the procedures set forth in Police Department General Order 9.2.1 as the City's Police Vehicle Pursuit Policy. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 11. Consider Request from Police Department to Replace Dictaphone Recorder. Consider action to authorize replacement of dictaphone recorder. The City Manager again presented her staff report, a copy of which is a matter of record in the Clerk's file. Twhe recommendation was for approval of replacement of the -Police department Dictaphone Recorder. Page 8 �' Beaumont City Council ' ch 8, 1993 Council Member Russo asked if this money was originally budgeted in the budget, with the City Manager replying these payments have been coming from the asset forfeiture funds and the plan is for them to continue to come from that source. Chief Smith verified that these were funds that were taken out of the normal budget and the Police Department has been covering those costs, along with a couple of other capital outlay items, through asset forfeiture, and the plan would be to continue that. There were no other questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to approve the replacement of the Police Department Dictaphone Recorder as outlined in Chief Smith's memorandum. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 12. Reports and Appointments. Council Member Russo advised that a Finance Committee meeting was held but there is nothing to report at this time. There were no other reports submitted. 13. CONSENT CALENDAR: 10 a. Approval of Minutes of Regular Council Meeting of February 22, 1993. b. Approval of Payment of Warrants and Payroll. .a Ic. Approval of One Year Extension of Lease of City -owned <'-'` property by the H.E.L.P. Organization. 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. 14. Closed Session at Discretion of City Council. There was no need for a closed session. Date set for next regular Council Meeting, Monday, March 22, 1993, 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 6:54 p.m. R p ctfully submitted, puty City Clerk w , Page 9 S� BEAUMONT CITY COUNCIL MINUTES OF MARCH 22, 1993 The Beaumont City Council met in a regular meeting on Monday, March 22, 1993, at 6:05 p.m., in the City Council Chambers, with Mayor Leja presiding. f 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. 4. Receive and File Auditor's Report for FY 1991 -92. Receive and file Comprehensive Annual Financial Report for Fiscal Year Ended dune 30, 1992. The staff report was presented by the City Manager, a copy o' which is a matter of record in the Clerk's file. Council Member Parrott commented that he felt the City Manager has done a good job and addressed all the issues. There were no other comments or questions 'rain the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to receive and file the Auditor's report for Fiscal Year 1991 -92. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 5. Report and Recommendation Relative to Wading Pool Repair Funding. Receive a report from the City Manager with recommendations relative to funding sources for needed repairs of the wading pool in Stewart Park. The City Manager presented her report, a copy of which is a matter of record in the Clerk's file. Her recommendation was for the Council to receive and file the report and direct staff to proceed simultaneously pursuing all three of the funding alternatives. Council Member Brey requested this item be deferred to the Parks Commit.tee for the time being, in order to look at alternative methods of handling the toddler pool repair funding. Council Member Russo asked for clarification of Council Member Brey 's request, with Council Member:Brey responding that what he had in mind, rather than repairing the'.poo`l �"i'ght now, that it be made into a sand box for the smaller kids. Page 1 � 0 Beaumont City Council March 22, 1993 Mayor Leja disagreed, feeling it was not a good idea to have a sandbox in close proximity to the pool as the sand gets into the pool and clogs up the filtering system, and there is sand available for the kids to play in located in other areas of the park. She continued that when this was discussed last year it was C ound that young families wanted a toddler pool available because the smaller children are sometimes afraid of the larger pool. There was additional discussion along these lines, with individual Council Members stating their opinion concerning pursuing the funding alternatives and repairing the pool. Motion by Council Member Russo, second by Council Member Parrott, to accept the recommendation of the City Manager to simultaneously pursue all three of the funding alternatives outlined in the report dated March 22, 1993, and further to direct staff to make the appropriate repairs on the wading pool. AYES: Council Member Parrott, Russo and Mayor Leja. NOES: Council Member Brey and McLaughlin. ABSTAIN: None. ABSENT: None. 6. Consider Proposed Agreement for Community and Economic Development Services. Consider approval of an agreement for Community and Economic Development Services. 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 of the agreement. Council Member Parrott asked for clarification of the language concerning the City Engineer on Page 9, with that clarification provided by the City Manager. There were no other comments or questions from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to: 1. Direct staff to forward a written notice of termination to Terra Nova Planning & Research, Inc.; and 2. Approve the attached Agreement for Community and Economic Development Services with Urban Logic Consultants (ULC), effective February 23, 1993. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 7. Consider a Proposed Agreement for Technical and Professional Services - Comprehensive Public Facilities Financing Program. Consider approval of an agreement for technical and professional C� services for a comprehensive public facilities financing program. The City Manager again presented her report, a copy of which is a matter of record in the Clerk's file. Her recommendation was to 7 approve the agreement. There were no comments or questions from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to approve the Agreement for Technical and Professional Services - Comprehensive Public Facilitieas- Financing Program between the City of Beaumont and 'Urt'an';'Logic Consultants, effective March 23, 1993. Page 2 - eaumont City Council larch 22, 1993 8. Consider Proposed Agreements for Market Absorption Study and Real Estate Appraisal (required for Community Facilities District). % Consider approval of agreements for a market absorption study and W real estate appraisal as required for Community Facilities District 93 -1. Ttie staff report was received from the City Manager, with a recommendation for approval of the agreements. A copy of this report is a matter of record in the Clerk's file. There were no comments or questions from the Council. a. Consider Approval of an Agreement with Empire Economics for a Market Absorption Study for Community Facilities District 93 -1. Motion by Council Member Russo, second by Council Member McLaughlin, to approve the agreement with Empire Economics to complete a market absorption study for the City's proposed CFD 93- 1. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. b. Consider Approval of an Agreement with Len Perdue & Associates for Real Estate Appraisal for Community Facilities District 93 -1. Motion by Council Member Russo, second by Council Member McLaughlin, to approve the agreement with Len Perdue & Associates for real estate appraisal services required for the City's proposed CFD 93 -1. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 9. RESOLUTION NO. 1993 -10 - Opposing Any Further Diversion or Reduction of Local Funds and Calling for a Complete Review of the Financing of Government in California. (Requested by Mayor Leja). Mayor Leja stated the reason she requested this resolution is that it was decided at the Mayors' and Council Members' Conference to pursue this in Riverside County as it is being done across the State of California. She went on that everyone is aware the State is in great financial difficulty and since cities have been taking the necessary actions in cutting personnel as well as services being provided, while the State, instead of taking those positions, continues to pass- through to cities, removing funding sources that cities have always been entitled to. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1993 -10. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 10. RESOLUTION NO. 1993 -11 - Endorsing and Supporting the EARS Program of the Economic Council of Pass Area Communities (ECOPAC). + r (` a. Presentation by Mr. Michael D.IMartin," Southern California Edison Company. el- Page 3 Beaumont City Council March 22, 1993 Mr. Michael Martin presented background information concerning the Economic Council of Pass Area Communities, as well as the EARS Program. A copy of Mr. Martin's presentation is a matter of record in the Clerk's file. At the conclusion of his presentation, Mr. Martin answered numerous questions from the City Council, who expressed a number of concerns relative to the proposed program. No action was taken by the Council at this time pending further review of the program by the City's planning staff. 11. Reports and Appointments. Council Member Parrott reported he attended a joint meeting of the Riverside Transit Agency and the Riverside County Transportation Commission in Temecula on Friday. At this meeting he brought up the question of when it was anticipated the Pass Area would receive train service. He was advised that Metro Link would be coming into Riverside this spring. He then suggested to them perhaps they could provide better rapid transit service in the Pass Area to where train service is available, and they are taking this into consideration. Council Member Brey said he and Council Member McLaughlin attended the parks committee meeting along with representatives of the Beaumont - Cherry Valley Recreation and Parks District and members of a citizens committee. Basically it has been preliminary discussion and exploration of ways to provide recreational facilities in the area since each entity cannot do it alone, and by joining together they could accomplish bigger projects. Other than this, there is nothing further to report at this time. Mayor Leja pointed out they were supposed to be working on a cooperative agreement, and wondered if they were any closer to finalizing this agreement, as that was supposed to be the first task of this committee before discussion of what and how to build facilities. Council Member Brey said they are still in the talking stages and nothing is formal yet. He continued that the City Manager was directed to contact the District's Manager to work this agreement out. Council Member McLaughlin added that they are getting very close to a cooperative agreement. Mayor Leja then asked if they could expect to get the cooperative agreement for review in the near future, and then schedule a joint meeting with the Council and the District's Board in order to discuss the philosophy of providing for parks and recreational activities, with Mr. McLaughlin confirming this is the case. Council Member Russo expressed the fact that he is a little confused because there are two functioning parks committees, and he thinks lines have been crossed which is causing the confusion. He went on that he and the Mayor were working with a committee on recreational issues in the City which the City will be providing, and which started with the pool last year. He had thought the committee Mr. Brey and Mr. McLaughlin were working with was for the purpose of cooperation overall with the District. He felt the Mayor should give some direction on how this should be handled in the future so the committees won't cross the lines, as he sees their committee as dealing with thr- ao,operative issues and not really dealing with the actual recreat'iona'l facilities such as the pool and parks. Page 4 12 ) C! Beaumont City Council larch 22, 1993 Mayor Leja confirmed that was the intention of the appointments to the joint committee (because of all the past history, and this being the next agency to work with) to come up with a cooperative agreement for consideration by both the Council and the District's Board, rather than to decide all those other issues and bring them in one big package. So, basically, the committee that Council Member Brey and Council Member McLaughlin are serving on is to work toward that agreement, while the committee she and Council Member Russo are serving on would address specific, immediate recreational needs. Discussion continued concerning the roles of the two parks committees, and the goal of the cooperative agreement committee. The City Manager reported that she attended the last committee meeting with the two Council Members, and another meeting has been set for April 8. She continued that she is drafting a cooperative agreement which she and Brien Ross will review, and then bring back to the next committee meeting. This will be just a draft, with the idea that it would be coming to the individual boards for final approval. The City Manager also reported the basketball backstops and hoops have now been installed on the basketball court, and were immediately put to use by players, even while the concrete was drying. There is still some painting and striping remaining to be done, but that should be completely finished shortly. It appears from the use already observed, this is going to be a very popular recreational facility. There were no other reports. CONSENT CALENDAR: a. Approval of Minutes of Regular Council Meeting of March 8, 1993. b. Acceptance of Minutes of Regular Planning Commission Meeting of January 19, 1993. C. Approval of Payment of Warrants and Payroll. d. Receive Report of Regular Planning Commission Meeting of March 16, 1993. 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. Closed Session at Discretion of the Council. There was no need for a closed session. Date set for Next Regular Council Meeting, Monday, April 12, 1993, 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 7:21 p.m. Res Page 5 u,ll,y submitted, BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF MARCH 27, 1993 The Beaumont City Council met in a special meeting on Saturday, March 27, 1993, at 8:40 a.m., in the City Council Chambers, with Mayor Leja presiding. On roll call the following Council Members were present: Brey, McLaughlin, Parrott, Russo and Mayor Leja. 1. Clerk's Affidavit of Posting. The clerk's affidavit of posting the agenda was read into the record by the Deputy City Clerk. 2. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. 3. Goal Setting Workshop. With the City Manager acting as facilitator, the City Council discussed goals and priorities for the City, covering a wide range of topics. The meeting was recessed at 10:00 a. in. reconvening to the workshop at 10:20 a.m. At the conclusion of the discussion, the City Manager indicated she would prepare a list of these goals and priorities, which will be available to the public for review in the City Manager's office. There being no further business to come before the City, the meeting was adjourned at 12:15 p.m. Respectfully submitted, v BEAUMONT CITY COUNCIL MINUTES OF APRIL 12, 1993 The Beaumont City Council met in a regular meeting on Monday, April 12, 1993, at 6:04 p.m., in the City Council Chambers, with Mayor Leja presiding. 1 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 Manager advised for clarification that those items appearing under Item No. 4 on the agenda would have a separate public hearing for each item. There were no other adjustments to the agenda. 3. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. PUBLIC HEARINGS - 6:00 P.M. 4. DECLARING INTENTION TO ESTABLISH CITY OF BEAUMONT COMMUNITY FACILITIES DISTRICT NO. 93 -1 AND TO LEVY SPECIAL TAX TO PAY FOR CERTAIN PUBLIC FACILITIES AND SERVICES AND DECLARING INTENTION TO X ISSUE BONDS SECURED BY THE SPECIAL TAX TO FINANCE CERTAIN FACILITIES OF THE DISTRICT. The staff report was presented by David Dillon of the Planning staff, a copy of which is contained in Briefing Booklet #2 for CFD 93 -1, and is a matter of record in the Clerk's file. a. RESOLUTION NO. 1993 -12 - Approving Joint Financing Agreements with the County of Riverside, the Riverside County Flood Control and Water Conservation District, the San Gorgonio Pass Water Agency, the Beaumont - Cherry Valley Water District, the Eastern Municipal Water District, the Beaumont Unified School District and CalTrans. The public hearing was opened at 6:09 p.m. There being no one requesting to speak, the hearing was closed at 6:10 p.m. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1993 -12. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Page 1 Beaumont City Council April 12, 1993 b. RESOLUTION NO. 1993 -13 - Establishing Community Facilities District No. 93 -1 CFD 93 -1), Creating Separate Improvement Areas Therein, providing for a Special Tax Within Each Improvement Area to Pay for Certain Public Facilities and Services and Calling a Special Election Within Each Improvement Area to Submit to the Qualified Electors of Each Improvement Area the Question of Levying Such Special Tax and Establishing an Appropriations Limit for the Community Facilities District, Designating the City Clerk of the City as the Election Official and Amending Section 13 of Resolution No. 1993 -06. RECOMMENDATION FOR CONTINUANCE TO MAY 10, 1993. The staff report was received from Mr. David Dillon, a copy of which is contained in the briefing booklet for CFD 93 -1 and is a matter of record in the Clerk's file. At the conclusion of his report he requested a continuance of this resolution to the regular City Council meeting which will be set for May 17, 1993. The public hearing was opened at 6:11 p.m., and there being no one requesting to speak, the public hearing was continued to May 17, 1993, at 6:11:30 p.m. C. RESOLUTION NO. 1993 -14 - Declaring the Necessity to Incur Bonded Indebtedness with Respect to Improvement Areas to Pay for Certain Public_ Facilities Within Community Facilities District No. 93 -1, Calling Special Elections / Within Each Such Improvement Area to Submit to the Qualified C? Electors of Such Improvement Areas the Proposition of Incurring Such Bonded Indebtedness and Designating the City Clerk of the City as the Election Official. RECOMMENDATION TO CONTINUE TO MAY 10, 1993 Mr. Dillon again presented the staff report, which is a matter of record in the Clerk's file. The recommendation was also to continue this agenda item to May 17, 1993. The public hearing was opened at 6:13 p.m., and there being no speakers, the public hearing was continued to May 17, 1993, at 6:13:30 p.m. d. RESOLUTION NO. 1993 -15 - Amendment and Supplement Services Agreement for the Public Facilities Financing The staff report was recei which is a matter of record Authorizing Execution of an to Technical. and Professional City of Beaumont Comprehensive Program. ved from Mr. Dillon, a copy of in the Clerk's file. Motion by Council Member Russo, second by Council Member Parrott, to adopt Resolution No. 1993 -15. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. e. RESOLUTION NO. 1993 -17 - Authorizing Execution of a Bond Sale Limitation Agreement Relating to Proposed City of Beaumont Community Facilities District No. 93 -1, as Part of Q the Comprehensive Public Facilities Financing Program, and Authorizing the Mayor and City Clerk to Execute Same. The staff report was presented by Mr. Dillon, a copy of which is a matter of record in the Clerk's file. The public hearing was opened at 6:16 p.m., and there being no one requesting to speak, the public hearing was closed at 6:16 :30 p.m. Page 2 G 7 Beaumont City Council April 12, 1993 Motion by Council Member McLaughin, second by Council Member Brey, to adopt Resolution No. 1993 -17. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 5. PROPOSED INCREASE IN SEWER RATES AND CHARGES. Mr. Dillon presented a lengthy report, a copy of which is �Jcontained in briefing booklet #2 for CFD 93 -1, and is a matter / of record in the Clerk's file. Mr. Dillon then requested this agenda item be continued to May 17, 1993. Council Member Russo asked if he was saying there would be no increases at the present time, with Mr. Dillon confirming that is correct. Council Member Russo then asked if this meant even when they consider this issue at the meeting on May 17, it will be proposed there would be no increases for what length of time. Mr. Dillon replied there would be no increases for at least a year. Council Member Russo wanted to know what the reason is for having to increase the fees, with Mr. Dillon responding the City needs to have a rate in effect at a sufficient level to pay the debt service on the revenue bonds. They will be going out in May or early June to sell revenue bonds to comply with the State requirements, and even though the City will not be collecting the rates because of the capitalized interest that will be built into the bonds, they have to have that rate increase in effect so the people that buy the bonds can see there is a source of repayment. Council Member Russo said he thought new development was going to pay for the new sewer capacity, with Mr. Dillon advising that was discussed somewhat with the regional board, and there are actually two issues here. One is AB 1600 which says that new development can only be charged a fee for an impact that new development creates, and clearly new development has not created the need to comply with State law. Council Member Russo clarified this has nothing to do with a new house being built in the community, that even if the City never built another house the City would have to increase rates, with Mr. Dillon answering that was absolutely correct. Mr. Dillon then continued that the second issue was the regional board wants the City to see the City develop a schedule that is not based upon market factors. In other words, the City cannot rely on the marketplace to spur new development along fast enough to build the treatment plant. The regional board wants to see other methods other than reliance on market factors and new development to pay P or the compliance effort. Council Member Russo asked for further clarification, stating that he understands Mr. Dillon is saying that any proposal to increase rates to existing residents and businesses in the City has nothing to do with potential development in the City, but rather has everything to do with just bringing it into compliance for the usage of existing residents. Mr. Dillon responded there is no question about it, going on to say that if the City didn't have CFD 93 -1 now, and didn't have the new General Plan and specific plans moving forward in the City, they would still need to comply with the ro,giln'al board. a Council Member Brey wanted to know if this money would be spent on the existing plant, and will not be part of the new plant. b Page 3 eaumont City Council April 12, 1993 Mr. Dillon answered that what they are doing is expanding the existing plant, and to the extent they can will use the existing plant just to keep the costs down. He continued they are really moving to a new technology ultimately as they are getting away from the old design and into a new design that can meet the new standards, and once the full compliance effort is in place, the City will still be using part of the existing plant although at this time he doesn't know how much of the plant they will ultimately be ending up with. The expansion will be right next to the existing plant, and they will be using as much of the existing plant facilities as they can. Council Member Russo asked if there was anyone from the Regional Water Board here, and finding there were representatives present, asked what would happen if the City says - forget it, we are not going to increase the rates for the present residents, but will wait for the new development to come, and then solve the problem - what happens? Mr. Gerald J. Thibeault, Executive Officer of the Regional Water [duality Control Board, addressed the Council as follows: I think I would answer that by first addressing a few of the things that were raised in your staff report earlier. Your treatment plant is now operating at more than full capacity. You are exceeding the design capacity of your treatment plant. Furthermore, your plant is rated at zero reliability. Now that means that if any major component of your treatment plant fails, then the whole system goes down. Standard engineering practice anywhere you want to go is that a treatment plant - just like any other large business - operating facility - you want to be able to treat your wastewater flow - just like dealing with any product - flow through your processing system with your largest component down. And this isn't like a candy factory, where you stop making candy, and everything is o.k. This is your wastewater treatment plant, when it goes down then everything downstream is affected. This is not a new regulation, these are not new laws, this is not new anything. This is standard engineering practice that has been practiced, or should be practiced at all facilities all along. You have got a situation here where the City has proposed to the Regional. Board, and the Regional Board has accepted your proposals, to construct facilities to upgrade your existing system. Several times you have made these proposals to the Board and the Board has said, okay, we realize that this is a financial problem for the City, let's give them more time, let's give them more time, let's give them more time. Well, I think we have about run out of that time because your over capacity, you have no reliability and there is a problem with the Regional Board continuing to ignore violations of waste discharge requirements as we have for the last four years. At this point Mayor Leja asked if the tertiary treatment which has been discussed is required of other cities. Mr. Thibeault replied that every city that discharges into the Santa Ana River or any tributary to the Santa Ana River, is re.quired to provide tertiary treatment. Once again, this is not a new law. Title 22 has been in existence since at least 1978 and every other city now has tertiary treatment, Yucaipa is building it, San Bernardino and Colton are building it, every other city has it. Mayor Leja pointed out that Colton and Yucaipa just went through major rate increases, with Yucaipa doubling their rate in order to come into compliance for existing residents, with Mr. Thibeault agreeing this is correct. Mr. Thibeault said they are not concer.ned,,.a6Qu't expansion. They are not telling the City to go out' and exEland your facilities, make them bigger or anything else. All they are saying is that for their existing flow, the approximate one million gallon a Page 4 L Bf,,8umont City Council April 12, 1993 day flow, the City doesn't have any treatment reliability in the present system, and that needs to be corrected immediately. They spent many hours with the Mayor and Council Member McLaughlin in their offices discussing these issues previously, and he thought they understand the Board's position on this. Mayor Leja then asked that since this law has been in existence since 1978 it appears the City just hasn't done anything about it. Mr. Thibeault said the City of Beaumont's requirement for tertiary treatment was f irst imposed on the City in 1988 or 1991, and at that time the Board asked the City what their schedule would be for completing tertiary treatment and incorporated the City's schedule into the latest discharge permit, in which the City proposed to come into full compliance early in 1992, and now the City is about a year in violation. Mayor Leja then clarified this is not strictly for new development, but for existing residents, with Mr. Thibeault indicating that is correct. The public hearing was opened at 6:35 p.m. Alma Vrzal, 720 California Avenue, Beaumont: How much did Yucaipa raise their rate. Mayor Leja: I think what I -- do you know? Mr. Thibeault: I think it went from about $7.00 to about $14.00. Mayor Leja: Ours is $8.00. Mrs. V r z a I : Yes, but what will it be? My husband and I are opposed to a rate increase on the sewer system. The sewer lines that service our home are so old the tiles are breaking and causing stoppage in the flow of sewage. The last time we had a problem with the sewer was on the 10th of March of this year. At that time there was pea gravel and broken sewer tile seen through the manhole opening. When it was removed the problem was corrected for that time until it happens again. We have a check valve to keep the sewage from backing into our home. But when the sewer is not flowing correctly, it backs up as far as our check valve and then our sewage can't get past the check valve so eventually it does get back up into the house, into the toilets. We feel that it is not fair to raise the sewer fees unless the money is used to upgrade the antiquated sewer system in the old part of town. In the 35 years or so that we have had a sewer system on our property in Redondo Beach we have never had a problem, and that is a hilly area but they do have pump stations and they keep the stuff flowing. And then, what I wanted to say before I go - are you going to price the people out of this city. California is doing a pretty good job of pricing people out of the State already. We read that all the time. Especially businesses. Then this is on something Temecula, it was in today's tax district in Temecula that homebuyers to lose all th Mayor Leja: I believe that sewer rates. . . else. This newspaper article - Press Enterprise, about the special are causing one out of every six new ey have invested in their homes. article isn't about increasing our Mrs. Vrzal: No, I said this is another article. . . Mayor Leja: It is about another item on the agenda. Mrs. Vrzal: Yes. Page 5 �G Beaumont City Counc i_ 1. April 12, 1993 Mayor Leja: Okay, would you like to wait on that. Mrs. Vrzal: Well, you have already had those. Mayor Leja: Okay, we'll go ahead and let you finish. Mrs. Vrzal: I just thought that I should bring it out that it was in today's paper. If you haven't read it, it is a good thing for you to read. Mayor Leja: Okay. Now would staff like to respond to any questions that Mrs. Vrzal has, or comments. David Dillon: I think that the sewer stoppages in certain areas of the older part of town are being addressed just as well as they can be right now, and I appreciate everyone's patience in dealing with that. I know the City Manager is involved, I know the City Engineer is involved and unfortunately we probably should have raised rates a while ago in order to have enough money to do some of those improvements today, but we are going to have to play a little bit of catch -up there. We are also looking at some things related to new development, so that when we come in and we build the new facilities, the new trunk sewers, we are going to be intercepting some of those flows and relieving some of the demand on those existing sewer lines. So, we know the problem is out there and I know that staff is working very hard on that to correct the problem. Mayor Leja: But the only way we would be able to correct her problem would be to pay for it some how, and new development can't pay for it. Mr. Dillon: That is correct. Mayor Leja: What about our 0 & M costs. How are they handling the situation. City Manager: Very, very close to the line at this point, in fact a little bit. . . Our operation and maintenance costs at our sewer plant, our revenues are not quite up to our expenditures for that. For the last couple of years there has been about a $25,000 difference. So there is also a need for just a portion of the rate increase to cover just the 0 & M costs. But certainly on sewer lines, that would be a good next evaluation for us to bring back to the Council at some point - is what would it take to really look at sewer lines that may not immediately be helped by new development. Some of them I think will. Mayor Leja: Okay. Mrs. Vrzal's comment about Redondo Beach. How can they afford to do it with low rates. City Manager: Well one of the things, knowing Mrs. Vrzal has the property in Redondo Beach, we checked today to find out what sewer district Redondo Beach is part of, and it is part of the Los Angeles County Sewer District, and I think there - Dave, you may have some additional. information about that particular district, but it is a very large district, and I think the rates tend to be lower with that many customers. But there are other comments that you may have. Mr. Dillon: I think there is probably some bonded indebtedness on the property that the sanitation district has floated for maintenance and facilities, which Beaumont hasn't done, that helps pay for that, and as you mentioned, it is a very large district, and they have more flexibility in their approach to localize problems. I would say that - yes, they are a wholesaler - I would also say that when we develop our new rate s,tr,ucture in the next couple of weeks, we can look at factoring 'in, some of those trunk main facility costs as well. Certainly, if it is the Council's direction to do so we can do that. I think that ultimately the Page 6 � / -Beaumont City Council April 12, 1993 new plant will operate more efficiently, and more funds will be available for other sewer system facilities other than the treatment plant. Mayor Leja: Can you look at something like a lifeline rate associated with the water flow, so that the people that don't use it - as far as their rates - people that don't use a lot of water and a lot of sewer generated - are there different rates that we can - lots of options out there that we can look at between now and then. Mr. Dillon: That is an interesting concept. I know that some of the utility purveyors have a lifeline rate for some of their users, and perhaps if we were to look at a way to structure rates so that rate payers that are using less of the system would pay less than those that are using more, and try to break that out someway and maybe look at the water bill. Somehow team up with the water district on the billing process so that we establish a minimum rate whereby if you use a low amount of water, then your rate is one thing, and if you go over that water usage rate, your rate would be something else. Mayor Leja: Mr. Vrzal. Joe Vrzal: Yes, you know he said something about using water. We have two lots and two lawns to water, so you can't go by that either. That wouldn't be a fair statement. Mayor Leja: At this time all we are trying to do is. . Mr. Vrzal: I know it, but he said by using water, but that would be -- when you have got trees and two lots, and everything . Mrs. Vrzal: It doesn't all go through the sewer lines. Mr. Vrzal: It don't go through the sewer lines. Mr. Dillon: How big is your property. Mr. Vrzal: Well, it is two lots. . . Mr. Dillon: I think we will try to take that into consideration, certainly. Mr. Vrzal: You have got to weigh it all up. Mayor Leja: All of it, that is exactly what we are trying to do, is weigh all of it. Mr. Vrzal: And, you know, they have pump stations down there, and that is North Redondo and that is up and down hills. It seems like we are getting all of it down here. Maybe the City is mad at us - somebody is. Mayor Leja: Thank you sir, we will try to correct your problem. Okay, are there any other questions from the public. Any other questions from the representatives from the Regional Board. Council Member Russo: Yes, I have more questions for Mr. Thiheault. Would it be fair to say that it is difficult to compare one City's sewer treatment problems with another in terms of the cost to treat sewage. Is that a fair assumption. Mr. Thiheault: I don't think so, no. I think the rates for secondary treatment, biological nitrogen removal, tertiary treatment, they are pretty standard. You find very small developments that have to provide high levels of treatment pay more, but for cities the size of Beaumont your rates, your costs for treatment, probably won't be significantly different than Redlands or San Bernardino or Riverside. 6 Page 7 'Beaumont City Council April 12, 1993 Council Member Russo: At $8.00 per edu, and that is basically what we have right now, where do you think we stand. Mr. Thibeault: Well, I think the most telling factor is that it was just reported that your $8.00 doesn't even cover your current 0 & M. Well that is shameful. I mean that is something that if you can't even cover your current operating costs, you have a major problem there because your not even providing for any kind of capital recovery fund if you have a major breakdown. What happens if you lose a digester or you lose a trickling filter, or you lose some other component - the clarifier - how are you going to pay for that. Your current rates don't even pay for your current operations. And I think that situation absolutely has to be corrected. We are not even talking about the nitrogen removal or the tertiary treatment that needs to be applied. And . . . Council Member Russo: So what you are saying, basically, is that the rates for the City of Beaumont need to be clearly based upon what it is going to cost to operate the facility, and some way of providing for potential breakdowns - building up of the system down the road. Mr. Thibeault: Yes. Council Member Russo: So really we ought to -- factor in - and what you are really saying is we have had it pretty easy for a long time. Mr. Thibeault: I think you have. In all honesty, yes. Because you are paying a lot less than many other places around - anywhere in California. Now we are not just talking about the Santa Ana region or the LA region or Santa Barbara, but in general your rates are very, very low. Council Member Russo: One more question. In highly populated areas, where there is a good mix of business and industry - and if those cities or counties, or whoever they are, use a fee rate that is based upon usage and type of discharge, it is then possible that residential services could be a lot less, because the cost for operations could be made up by other entities in the community that really cost more to service their discharge, is that correct. Mr. Thibeault: That is pretty standard. . . Council Member Russo: Right now - are we doing that, or it is just across the board everybody pays $8.00. Mr. Dillon: Well actually the rate structure that the City has right now is more defined than some of the other rate structures that we have looked at for using the guidelines the regional board has provided us. We are going to break it down even further so that we can break out some of those uses which are very costly to treat the effluent. Mr. Thibeault: Any kind of high strength waste is very, very costly to treat. Mayor Leja: Like what. Mr. Thibeault: Food processing. Anything that has a high grease content in the discharge, especially if there is no grease trap, laundries, any kind of high BOD waste. There are a lot of cities that charge specifically, or the edu's are based on the strength of the waste for industrial dischargers. And I would like to correct one of the things that I said earlier about the entire - the need to improve facilities here is just to deal with long - standing laws. There is a lot of that involved in terms of the tertiary treatment and th,e rpli,ability and the like. But, in 1987 the Regional Board did pass' a policy requiring nitrogen removal for wastewater discharges, and of course that is Page 8 7� Beaumont City Count,- it April 12, 1993 six years and I don't know if you want to consider that old or new, but that is something that Beaumont doer need to come into compliance along with every other discharger in the region, because this wastewater, like it or not, does become - it is used for groundwater recharge in Orange County, and that is a drinking water supply. There is a nitrogen limit on drinking water. 45 milligrams per litre. So the Regional Board has a water quality objective at Prado of 45 milligrams per litre as nitrate, or 10 milligrams per litre as nitrogen. They are about the same. The 10 milligram litre limit began to be exceeded in 1987 as wastewater flows, either surface or through the groundwater, caused the water quality at Prado to exceed 10 milligrams per litre, so the Board adopted a nitrogen control policy at that time, and subsequent to that, the Board along with all the other dischargers in the region (and I don't know whether Beaumont participated in the study) but we had a 1.1 million dollar study of nitrogen and salts in the river, where the entire system was modeled, and the salt concentrations and the nitrogen concentrations were predicted, based on wastewater flows and nitrogen sinks and natural processes that take place. And the Board did establish 10 milligram per litre discharge limit for all new flows. Those are flows in excess of what you discharged in 1987. So in 1987 your flow was about .85, or 850,000 gallons a day. So anything in excess of 850,000 gallons a day has to meet 10 milligrams per litre. Your first 850,000 can't continue to be discharged at the same nitrogen concentration that it had in 1987. But after that everything has to meet ten. So you have kind of a sliding scale of nitrogen limit where your current nitrogen may be somewhere in the range of 15 or 16 but any new flows have to be at 10 so your discharge limit may be in the 14 or 13 range. 13 milligrams per litre of nitrogen. Council Member McLaughlin: I could make one comment here in speaking of different cities - he asked that question a minute ago. Our neighboring city, Banning, which everybody is very familiar with, their rate is over $10.00 a month, and San Jacinto, which is just over the hill, is over $12.00, and we are at $8.00. So it isn't that we are out of line in the sense of charging our people, so maybe we do need - since our City Manager has mentioned that we aren't covering our costs - that a couple a dollar raise, for instance, is not going to be such an overriding factor that people are going to leave Beaumont to go to Banning, or to San Jacinto, or to any other city because they are paying more now than we are. Mr. Thiheault: Yes. On the contrary, I think even at $16.00 there is not going to be anyplace to go anywhere where they will pay significantly less for sewer rates. There are other states that require complete nitrofication of all the wastewater effluent, and their rates are a lot higher than yours will be, and so - in Florida, we can give you a number of examples, and Michigan and New York and a number of places, they are requiring a lot more - a lot higher level of treatment than you are being asked to provide here. Mayor Leja: Any other questions. Thank you. Okay, is there anyone else wishing to speak tonight in the public. If not we will continue the public hearing to May 17. The public hearing was continued to May 17, 1993 at 6:51 p.m. a. RESOLUTION NO. 1993 -16 - Increasing Sewer Fees and Charges for Connections, Construction and Service, Establishing Additional Sewer Fees and Charges for Connections, Construction and Service and Increasing Administrative Fee for Delinquent Charges Placed on the Property Tax Roll ,Pursuant to Ordinance No. 648, and Repealing Resolution N-o. 198 ,-7 -77 and All Parts of Resolutions in Conflict Herewith. RECOMMENDATION TO CONTINUE TO MAY 10, 1993. Page 9 7 4 `Beaumont City Council April 12, 1993 Agenda item 5.a was continued to May 17, 1993. 6. CREATION OF BEAUMONT FINANCING AUTHORITY. The staff report was presented by David Dillon, a copy of which is contained in Briefing Booklet No. 2, and is a matter of record in the Clerk's file. The recommendation was for adoption of Resolution No. 1993 -20 and approval of Ordinance No. 717 at its first reading. There were no questions or comments from the Council. a. RESOLUTION NO. 1993 -20 - Authorizing the Creation of a Joint Exercise of Powers Entity, Approving the Form of Joint Exercise of Powers Agreement and Authorizing Execution by the Mayor and City Clerk. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1993 -20. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. b. ORDINANCE NO. 717 - FIRST READING - Authorizing the Execution of an Installment Sale Agreement and Authorizing and Directing Certain Other Actions with Respect Thereto. Motion to read Ordinance No. 717 by title only. Motion by Council Member McLaughlin, second by Council Member Parrott, to read Ordinance No. 717 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 approve Ordinance No. 717 at its first reading. Motion by Council Member McLaughlin, second by Council Member Parrott, to approve Ordinance No. 717 at its first reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. The meeting was recessed at 6:58 p.m., reconvening at 7:10 p.m. The meeting was adjourned to a meeting of the Beaumont Redevelopment Agency and a meeting of the Beaumont Financing Authority at 7:10 p.m., reconvening to a regular meeting of the Beaumont City Council at 7:22 p.m. 7. RESOLUTION NO. 1993 -18 - ESTABLISHING A SCHEDULE OF FEES TO BE CHARGED BY THE POLICE DEPARTMENT FOR SPECIAL SERVICES. Consider adopting a fee schedule to increase or add fees for special services provided by the Police Department. The City Manager presented the staff report with a recommendation for adoption of Resolution No. 1993 -18. A copy of this report is a matter of record in the Clerk's file. , F There were no questions or comments from the Council. Page 10 J Beaumont City Councit April 12, 1993 The public hearing was opened at 7:24 p.m., and there being no one requesting to speak, the hearing was closed at 7:25 p.m. Motion by Council Member Russo, second by Council Member Parrott, to adopt Resolution No. 1993 -18. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. END PUBLIC HEARINGS. 8. Report from Planning Consultant Relative to Funding Sources for Citywide Sidewalk Program. Receive and consider recommendations for funding of citywide sidewalk program. rej 0 Ernest Egger, Planning Staff, presented the staff 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: 1) Continue efforts to enhance the City's allocation of CDBG funds for sidewalks and other projects. 2) Continue efforts to seek other federal and state funding for such projects. 3) Develop the City's Comprehensive Public Facilities Financing Program in a manner which allows for funding for small neighborhood projects such as sidewalks. 4) Subject to City Council establishment of a Redevelopment Project Area, program future redevelopment revenues for neighborhood sidewalk projects. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Authorization to (Storm Related). Receive and cons repair of storm Stewart Park. Repair the Stewart Park Restrooms and Lighting jer request Tor autnorizati.on to proceed with related damage to restrooms and lighting in The staff report was presented by the City Manager with a recommendation to authorize these repairs. A copy of this report is a matter of record in the Clerk's file. Council Member Russo requested that at the same time these repairs are being completed, the lights at the ball field should also be repaired. There were no other questions or comments. Motion by Council Member Russo, second by Council Member Parrott, to authorize expenditures to make repairs in the amount of $5,100.00 from the general fund, with this amount to be reimbursed by FEMA as storm related damages. AYES: Council Member Brey, Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. McLaughlin, R�artott, Russo and Page 11 I� Beaumont City Council April 12, 1993 10. Report from City Manager Relative to Senior Citizen Task Force. Receive 'report and consider recommendation for formation of a Senior Citizen Task Force. / The staff report was received from the City Manager, a copy of which is a matter of record in the Clerk's file. Mayor Leja proposed that after discussion concerning this report, if a decision is made to move forward with the task force, the item should be brought back to the next meeting to receive recommendations from the Council Members for appointments to the task force. There were no other comments or questions. Motion by Council Member McLaughlin, second by Council Member Parrott, to form the task force with the Council Members to submit names for consideration of appointment to this task force at the next Council meeting. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 11. RESOLUTION NO. 1993 -11 - Endorsing and Supporting the Concept of the EARS Program of the Economic Council of Pass Area Communities (ECOPAC). (Carried over from March 22, 1993). Consider recommendation to endorse and support the concept of the EARS Program. The City Manager presented the staff report, a copy of which is a matter of record in the Clerk's file, with a recommendation for adoption of the resolution with a letter written expressing the Council's concerns. There were no questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1993 -11. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 12. Reports and Appointments. Council Member Parrott reported he attended a legislative breakfast in Riverside concerning the community development block grant program, at which time they were advised that a stimulus package in the amount of two and a half billion dollars was approved for FY 1993, with an additional 4.239 billion dollar package being proposed for FY 1994. The City Manager presented blue ribbons from the Volunteer Fire Department to Mayor Leja for the bucket brigade she led last October. Council Member Russo reported the Public Safety Committee met with several items discussed, including the issue of Neighborhood Watch Programs for the community, and information concerning that will be brought to the next Council meeting. Other issues discussed were relative to safety and emergency preparedness. Mayor Leja reported she attended the Western Riverside County of Governments meeting the first Monday of- thi�,s month, with the major item discussed being the current listing of the gnatcatchers and the impact on Western Riverside County, which will be significant. Page 12 r� -Beaumont City Council April 12, 1993 As soon as more information has been received, it will be brought to the Council. There was also discussion regarding a grant received by WRCOG from the federal government to study transportation issues, and Mr. Egger has discussed with WRCOG how Beaumont could use the funds to complete a traffic model. Mr. Egger reported that he had submitted some information to WRCOG for the potential to fund the City's traffic model that was planned to coincide with the General Plan process, but was later withdrawn due to a lack of funds. An outline of the work to be conducted has been furnished to WRCOG, and the emphasis they will be looking for is on regional types of traffic considerations, so the model may expand beyond what was initially envisioned. Hopefully, it can begin to address some of the access problems, the Highway 60 corridor and the ultimate improvements to I -10 and 60 particularly. Mayor Leja went on to advise that another item discussed at that meeting was the role of the Southern California Association of Governments, which is a more significant form of regional government. She said she expressed concern during that meeting so far as their ability to dictate to cities land use proposals, etc. That discussion will be continuing, and she urged anyone who would like to attend those meetings to do so, stating they are held on the first Monday of the month in the Council Chambers at Moreno Valley, at 4:00 p.m. She clarified that the basic discussion was the ability for a regional forum to basically require cities to do certain things as far as land planning as well as other types of planning issues. It is her opinion this belongs with local government rather than with regional government. There are areas where regional government is appropriate, such as transportation issues and other matters which significantly affect regional cooperation. Another item discussed was the need to develop a DBE program (disadvantaged business enterprise). Information will be forwarded to the City Manager to be brought to the Council at a later date. A lot of the funding that is being proposed by President Clinton requires that a DBE program be in place before you can qualify for that funding. There were no other reports submitted. 13. CONSENT CALENDAR - a. Approval of Minutes of Regular Council Meeting of March 22, 1993 and Special Meeting of March 27, 1993. b. Approval of Payment of Warrants and Payroll. C. Granting Fee- Exempt Permit to Rotary Club of Beaumont to Sponsor the Carson & Barnes Circus in the City. d. RESOLUTION NO. 1993 -22 - Rescinding Resolution No. 1981 -32 Relating to Police Reserve Officers. 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. 14. Recess to Closed Session Pursuant to Government Code Section 54957 to Consider Public Employee Personnel Matters. The meeting was recessed to closed session at 7:47 p.m., reconvening to regular session at 8:24 p.m. Page 13 %' Beaumont City Council April 12, 1993 Date Set for Next Regular Council Meeting, Monday, April 26, 1993, 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 8:25 p.m. Respectfully submitted, Deputy City Clerk J Page 14 a. BEAUMONT CITY COUNCIL MINUTES OF APRIL 26, 1993 The Beaumont City Council met in a regular meeting on Monday, April 26, 1993, at 6:07 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. I. Clerk's Affidavit of Posting. The clerk's affidavit of posting the agenda was read into the record by the Deputy City Clerk. 2. Adjustments to Agenda. The City Manager requested that Agenda Item No. 10 be deferred until after a closed session. There being no objections, Agenda Item No. 10 was deferred until after a closed session. There were no other adjustments to the agenda. 3. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. 4. PUBLIC HEARING - 6:00 P.M. PROPOSED PRE - ANNEXATION CHANGE OF ZONE 93 -RZ -1• NEGATIVE DECLARATION 93 -ND -6. 93- ANX -1 -52 . Applicant: City of Beaumont. Location: North and south side of Eighth Street between Illinois Avenue and Xenia Avenue; and northwest corner of Eighth Street and Highland Springs Avenue. Project Description: A proposed pre- annexation change of zone on approximately 59.2 acres from County of Riverside R -A (Residential-Agricultural), R -1 (Single Family Residential), R -3 (General Residential) and C1 -CP (General Commercial) to City of Beaumont R -A (Residential Agricultural), R -SF (Residential Single Family) and R -MF (Residential- Multiple Family). This project will eliminate County islands surrounded by the City of Beaumont's jurisdiction. The staff report was presented by Ernest Egger of the Planning staff, a copy of which is a matter of record in the Clerk's file. Mr. Egger's recommendation was for adoption of Negative Declaration 93 -ND -6, approval of Ordinance No. 715 at its first reading and adoption of Resolution No. 1993 -21. There were no comments or questions from the Council. The public hearing was opened at 6 :15 p.m. and there being no one requesting to speak, the public hearing was closed at 6:16 p.m. a. Consider Adoption of Negative Declaration 93 -ND -6. Applicant: City of Beaumont. Location: 22.6 acres at the northwest corner of Highland Springs Avenue and Eighth Street. Motion by Council Member Russo, second by Council Member Parrott, to adopt Negative Declaration 93 -ND -6 based on the findings. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. Page 1C, Beaumont City Council April 26, 1993 NOES: None. ABSTAIN: None. ABSENT: None. b. Consider Adoption of Notice of Exemption. Applicant: City of Beaumont. Location: 36.6 acres on both sides of Eighth Street between Illinois Avenue and Xenia Avenue consisting of existing private structures developed to the density allowed by current and proposed zoning. Motion by Council Member Russo, second by Council Member Brey, to adopt a categorical exemption for annexation of 35 acre inhabited parcel into the City of Beaumont. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. C. ORDINANCE NO. 715 - First Reading - Prezoning 59.2 acres of land from County of Riverside R -1 (Single Family Residential), R -A (Residential Agriculture), R -3 (General Residential), and Cl -CP (General Commercial) to City of Beaumont R -SF (Residential Single Family), R -A (Residential Agriculture) and R -MF (Residential- Multiple Family). (93- RZ -1). Location: On the north and south side of Eighth Street between Illinois Avenue and Xenia Avenue, and on the Northwest corner of Eighth Street and Highland Springs Avenue. (93- ANX- 1 -52). Motion to Read Ordinance No. 715 by title only. Motion by Council Member Parrott, second by Council Member McLaughlin, to read Ordinance No. 715 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 Approve Ordinance No. 715 at its first reading. Motion by Council Member McLaughlin, second by Council Member Parrott, to approve Ordinance No. 715 at its first reading. AYES: Council Member Brey, Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. McLaughlin, Parrott, Russo and d. RESOLUTION NO. 1993 -21 - Requesting the Local Agency Formation Commission to take Proceedings for the Annexation of Inhabited and Uninhabited Territory Pursuant to the Local Government Reorganization Act of 1985. (93- ANX- 1 -52). Motion by Council Member Russo, second by Council Member McLaughlin, to adopt Resolution No. 1993 -21. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 5. Request from Cherry Festival Association for Necessary Permits yto Use City Property, City Streets and City Employees for the Page 2 Beaumont City Council April 26, 1993 1993 Cherry Festival. Consider Request for permits and assistance from the City for the annual Cherry Festival held in the City in June. The City Manager presented the staff report, a copy of which is a matter of record in the Clerk's file. The following comments, questions and discussion have been typed verbatim to clarify the record. Mr. Russo: I have some questions. With reference to the - my understanding is correct where you are saying that the cost for the City for electricity, water, police and other personnel is equal to $4,450.00. City Manager: That is correct. In past years, specifically last year, these were the costs that were expended. Mr. Russo: Then in addition to that it is any of the permits or fees that would be needed to have such an event. City Manager: That is correct. The Association is asking for, and has received in past years, exemptions for fees and permits. Mr. Russo: Well 1 guess the question is does the Cherry Festival Association have any money to cover the cost of the City other than the fees. I don't have a problem with permits and those kinds of things, but this is going to be a direct outlay of cash resources of the City and I don't know what position the Cherry Festival Association is in, but I know the position the City is in financially. City Manager: I see Mr. Smith in the audience, who may be able to address that. In all fairness though, I am outlining these costs so the Council can see what we have spent in the past and what we will be asked to spend this year. But we really didn't go into specific request of the Association to ask them to cover those expenses this year, but I felt it was important for the Council to see what they are and to actually confirm their expenditure. Mr. Russo: I don't know, can we . . . Mr. Smith: I have got to take issue at this $900.00 water bill. Mr. Russo: Okay. I don't know either. Mr. Smith: I mean we could run the fire hydrant for seven days and you are not going to have a $900.00 water bill. Mr. Russo: Well that is what I am asking. I don't know if these are real costs or . . . City Manager: These are real costs from our finance records from last year. Mr. Russo: Really. Mr. Smith: Our budget is over $100,000 this year. Mr. Russo: Expense budget. Mr. Smith: Yes. So, these costs are just about in line with what we did last year. Mr. Russo: Let me just - I mean - I don't know what the financial position of the Cherry Festival Association is in, and I don't know if we want to make that public this evening or not, but I do know what position the City is in - in our General Fund, and these are all General Fund expenditures. Is there - after all is said and done - if the Cherry Festival Association would Page 3 c �' Beaumont City Council April 26, 1993 even make money on this event, is it possible that we could talk about some reimbursement for true expenses - I mean, you know, $900.00 is a lot of water, I agree with you there. And if we were to track our expenses and just come and say - what can you guys do to help us out - is that something that we can leave open, you think? Mr. Smith: Well, I guess we could leave it open. Mr. Russo: The checks in the mail - right? Mr. Smith: You know, the Cherry Festival, over the last twelve years, you know, we have managed to accumulate several thousand dollars, you know, $25,000 or $26,000 for an event like this. Usually we put as much money as we can back into the community, and we do it by trying to have bigger and better Cherry Festivals. So, you know, we are paying for just about all the costs except - I wasn't even aware this was really the costs for having a parade. I would like to sit down and itemize it and see what the thing is - but we have tried to reimburse security and all these particular things in the past, and after all we are doing it for the community, and for the City, and I think that is . . . put Beaumont on the map a little bit. Mr. Russo: I recognize that, but on . . . Mayor Leja: We are on the map. Mr. Russo: We are on the map and getting bigger all the time. It is just that the coffers haven't grown with our reputation yet, I mean, you know. Since it is itemized here I think it would be somewhat out of line if we didn't ask some questions about that. So, these are our estimated costs in the past years, is that right Dayle, and so. . . City Manager: These are taken from last year's costs. Mr. Russo: These were last year's costs, estimated costs, and perhaps we can kind of watch that this year, but maybe you will have a windfall year or something and you would feel like you might be able to . . . Mr. Smith: You might want to talk with the water district and see what they would like to donate. Mr. Russo: Well now there is a thought. Have you talked to them yet. Mr. Smith: No - I am planning on doing that, but we will be happy to do all that type of thing because we also would like the City to join our membership. It is just $60.00 for a sponsorship. Mayor L e j a : This is the 75th anniversary though, which is certainly something to promote for our community. Mr. Brey did you have a question. Mr. Brey: No, Ken beat me to it - I was going to ask to see if he could go to the water district to see what they could do about donating at least the water - you know, $900.00 for water. Mr. Smith: Well I would like to know who is reading this meter. But I will talk to Chuck Butcher and see what he says. Mr. Russo: On the diagram, with reference to the stage area and the - is that the area where the beer garden is going to be too. Is that the idea. Mr. Smith: Yes. We have taken extra measures this year to secure the beer garden. We are renting a six foot fence so the whole thing will be totally secure with two 25 foot entrances that will both have security on them. Page 4 \ Beaumont City Council April 26, 1993 Mr. Russo: Okay. Is one of the entrances going to be into the carnival. Mr. Smith: They will both be only accessible from the carnival side. Mr. Russo: Has there been any thought given to them only being accessible from the street side so that we don't have the flow through of some of the patrons who are in that area. Mr. Smith: Well there will be runways. You don't have to go into the beer garden when you come out of the carnival or come out of the community booth area. You don't have to go right into the beer garden. But most of the food booths will be located in there. Mr. Russo: In the beer garden. Mr. Smith: I feel, for security reasons, I think it is a lot better to have this type of an access as to having access right to the street from the beer garden. Mr. Russo: Now, the stage, is that the stage where the battle of the hands thing is going to be and all of that? Mr. Smith: No. Well - we are really not having any battle of the bands type thing. It is mostly going to be community type things. Our concert is going to be 50s, 60s and oldies. But we are not going to have any real rowdy type of entertainment at the community stage. Mr. Russo: But is that all going to be on the stage, so anybody wanting to watch that or be involved in that would have to be in the beer garden area. Mr. Smith: Not necessarily. There will be a fenced area, but you can observe it from outside the beer garden area. Mr. Russo: Well, okay. I was just concerned that - I know the thing is billed as a family event and it just seems a little inconsistent to have the bulk - the center of the entertainment in an area that might not be necessarily conducive to a family environment, and, you know, if that could have been some where else where - evidently that area is not going to hold a whole lot of people is it - the stage area. Mr. Smith: Not a whole lot of people. This is the way we have had it since 88, it is just more secure now. And we actually took these measures to address those particular concerns that you are speaking of. Mayor Leja: Will there be any acts on the stage with children, with anyone under the drinking age. Mr. Smith: Oh yes. There will be dancing groups - children's dancing groups. Mayor Leja: I don't want to sound like a prude, and you have heard me discuss this issue before with you, if it were possible to locate the stage in another area. Possibly put the beer truck over in the corner and have it roped so that that is where the beer drinking actually occurs, instead right in front of the stage where children will be performing. Mr. Smith: It has been there for years and we haven't had any problem. Mayor Leja: That is the reason I don't sit there and watch the entertainment . . . Mr. Smith: Because of the beer truck there. Mayor Leja: Yes. At least with my children. Page 5 Beaumont City Council April 26, 1993 Mr. Smith: We don't make a lot of money on beer. There isn't a whole lot of beer. Mr. Russo: How much money do you think you make on the beer. Mr. Smith: I think the gross sales last year were around $4,000.00, and for a five day event that is really kind of minimal. Mr. Russo: I could think of a great trade. Mayor Leja: What is the trade. Mr. Russo: The City foot the expenses for the $4,000 and get rid of the beer garden. Mr. Brey: I think if we want to get into that we are on the wrong committee, we should be on the Cherry Festival Association. It is their thing. That is the way they have done it before and on the same hand, quite a few people enjoy having a beer - I am not one of them, but a lot of people do. And that is the reason why a lot of people sit there and watch the entertainment too - is to relax and have a beer. But I don't think it is up to us to tell them - yes they can have a beer garden, or no they can't. Mr. McLaughlin: Well you have got to remember we are dealing not only with our own personal of how you feel or think, but how the whole general public - in other words we are trying to please all of the people that are going to be involved, and surely we are not going to please everybody that is for sure. So you just have to go, and I don't think we have had that much problem with the beer garden in the past years so I don't feel like that is particularly an issue except maybe on a more personal basis. Not on the Association part. Mayor Leja: My biggest concern though is, and I take a drink on occasion, and I bought you a beer last year, but the thing is, is the children are there, and what I am concerned about is if I were a parent and my child were on the stage, I would not want them performing in a setting that is right in front of the beer garden, and if we can make some compromise here - not getting rid totally of the beer garden, but maybe moving the stage so that the beer garden is at one end and the stage is at the other, so these kids don't have to perform in that type of environment, then I would be in favor of it. And you have heard me express these concerns at the Cherry Festival meetings, which I am a member of. I don't want to set everyone's level of - you know, be their guide on everything, and not say that you shouldn't drink a beer or not, I just think that possibly giving the fact that you are going to have family entertainment on the stage, with children involved, that is the reason they don't allow children to perform in bars. I just think it makes sense to separate the stage from the beer garden. Mr. Smith: Well, this p this particular situation really no other way to do planning the whole thing. truck some other location still this particular area and we did this specifically articular plan - getting the stage in has taken a lot of work. There is it in this particular area without re- I mean we could probably move the beer than this proximity to the stage, but right here is going to be all fenced, to try and secure the area. Mr. Brey: Could we ask him to take another look at it - make an effort - I mean - it is not really up to us, and like Don said, we are never going to please everybody, if Ken can make another effort at maybe relocating it. If you can find another spot to relocate it, you know, do something like that. We can't make you write it in stone, that, yes, you are going to move it or delete it altogether - but maybe you could make an effort. Ken Murdock: I think on the plan it makes it look like it is Page 6 �- ,,eaumont City Councit April 26, 1993 closer than it actually is. Really the beer garden will be right up next to the old fence there, or be on that side, and the stage is going to be over here on 7th Street - 8th Street. Mr. Russo: So there is a pretty good distance there. It looks a lot closer on the map. Mr. Murdock: It looks a lot closer on there than what it really is. Mr. McLaughlin: It is about a block between the two, honestly, because you are at one corner and then at the other corner. Mr. Murdock: Well, no, not that far, but it is in that new part that we were never there before. We have got more space now using up that space. But the beer garden is going to be off over here, and the stage is going to be over here right next to the street. And so, they are not actually be as close as what they look like on the plot plan. The budget for the entertainment is over $12,000 this year. We haven't got any way of making money, and we hope that $5,000 that will off -set some of that spent on the entertainment. Without that, we couldn't have that kind of entertainment. Because the only thing the Cherry Festival makes any money out of is the carnival. There isn't anything else. But really, on the plot plan, it looks like they are right next together, but they are really not that close. Actually, they are further apart than they were last year. Mayor Leja: Yes, last year they were pretty close. Mr. Murdock: Yes they were. But they will be further apart this year than they were last year. Motion by Council Member McLaughlin, second by Council Member Parrott, to approve the requests from the Cherry Festival Association contained in the attached letter for necessary permits, use of City property, City streets and City employees for the 1993 Cherry Festival. Mayor Leja: Can I have a clarification. Will we be directing staff to pursue the separation of the beer truck and the stage area. City Manager: That certainly could be part of the motion if Mr. McLaughlin wanted to make it. Mr. McLaughlin: We would have to talk to Ken or . Mayor Leja: All you have to do is make it part of the motion. Mr. McLaughlin: I know that, but I don't know the distance involved actually, whether it is feasible or not, so I am not there to measure it and so forth, could you do what she just suggested, by moving it a little farther apart than they are at this time. Mayor Leja: Or at least just working with staff so that our concerns our satisfied. Because I don't want to get down to dictating exactly how many feet that you are away, just so that every distance is taken, instead of - okay we moved it two feet. Mr. Smith: Well, I don't know how far you want it away from the beer garden. I mean, I can - if the Council wants, I guess we could put it over in the carnival, but, you know, this is the best place for it. City Manager: One suggestion I might make is we could work with the Association just to have it as far away as possible and still stay within the general parameters of what they have outlined here. Page 7 �yh Beaumont City Council April 26, 1993 Mayor Leja: Would you agree to include that in your motion. Mr. McLaughlin: I don't think it has to be in the motion, does it. The fact that they are going to work with us, and we will work them, that is all it needs to be. City Manager: We will just take note that that is important, and work with the Association on it. Mayor Leja: Motion has been made and seconded, is there any other discussion. Mr. Russo: It has been seconded. Mayor Leja: Yes there was a second. Mr. Russo: I would like to amend the motion. Motion by Council Member Russo, second by Council Member Parrott, to amend the motion to include direction to staff to pursue the possibility of moving the stage from the beer truck area and also to pursue reimbursement of the funds expended by the City. VOTE TAKEN ON AMENDMENT TO MOTION: AYES: Council Member Parrott, Russo and Mayor Leja. NOES: Council Member Brey and McLaughlin. ABSTAIN: None. ABSENT: None. AMENDMENT TO MOTION CARRIES. VOTE TAKEN ON MOTION AS AMENDED: AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. MOTION CARRIED AS AMENDED and reads as follows: Motion by Council Member McLaughlin, second by Council Member Parrott, as amended on motion by Council Member Russo, second by Council Member Parrott, to approve the requests from the Cherry Festival Association contained in the attached letter for necessary permits, use of City property, City streets and City employees for the 1993 Cherry Festival, with direction to staff to pursue the possibility of moving the stage from the beer truck area and to pursue reimbursement of the funds expended by the City. 6. Agreement with Beaumont Unified School District Relating to Crossing Guards. Consider approving agreement with Beaumont Unified School District for Sharing Costs to Provide crossing guards at two locations in the City. The City Manager presented the staff report, a copy of which is a matter of record in the Clerk's file. The recommendation from both the City Manager and the Chief of Police was for approval of the agreement which provides for the City and the School District to share the costs of two crossing guards on a 50/50 ratio. Council Member Russo asked what the City's previous arrangement with the School District was on the crossing guard issue, with the City Manager advising there has not been a formal arrangement previously. A second crossing guard was added in the last year to year and a half, with a verbal agreement that the costs would be shared 50/50, with this agreement providing for a 50% reimbursement for the entire current fiscal year. Page S s' Beaumont City Council April 26, 1993 The City Manager continued that a new agreement or an amendment to this agreement will be brought back to the Council for the next fiscal year as a third crossing guard will be added for the next fiscal year. There were no other questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to approve the agreement with the Beaumont Unified School District relating to crossing guards. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 7. Cooperative Agreement with Beaumont - Cherry Valley Recreation and Park District. Consider approving cooperative agreement with Beaumont - Cherry Valley Recreation and Park District to cooperate in future planning for the recreational needs and facilities for the citizens of the City of Beaumont. The staff report was presented by the City Manager, a copy of which is a matter of record in the Clerk's file. The recommendation was for approval of the cooperative agreement. Mayor Leja requested the agreement be amended by the removal of Item No. D, on Page 2 of the agreement, in its entirety, adding that although she is in favor of committees such as this, she sees no reason for that being part of the agreement. She went on that when two members of the City Council were appointed to work with the Park District, they weren't being appointed to that particular advisory group, but to work on an ad hoc level with the two board members. In addition, Mayor Leja requested that Item No. 2 on Page 2 of the agreement be amended as follows: Item No. 2, Page 2, Agreement, second sentence: Delete . . . communicate through participation in the above -named committee . . . Item No. 2, Page 2, Agreement, fourth sentence: Delete . . full . . Item 2 will then read -- Cooperation. The City and the District mutually agree to use their best efforts to cooperate with interaction between the City Manager and the Park District General Manager, joint meetings of the elected bodies of the City and the Park District, community workshops and any other venues through which communication can occur. With these amendments Item No. E will become Item No. D. Council Member Russo requested the following amendment to the agreement: Item A - Page 1 - Recitals: Delete . . .the word "shall" include, and add the word "could" include, but not be limited to, the following: Mayor Leja requested an additional amendment as follows: Item 2(c) - Special Events: Page 9 -' r c" t3eaumunt Ui ty Uounci 1 April 26, 1993 Delete . . .the respective roles of the City and the Park District in those offerings . . . The reason for this amendment is basically the City and Park District are going to share in a lot of areas, and she would not like to see them having to line up saying, you are going to do this and you are going to do that, as there are resources which can be intermingled on different activities, and this wording might be somewhat restrictive. Council Member Russo requested the following amendment: Item 2(a) - Agreement: Delete . . . for which consolidation may be feasible or desirable. . . and add . . . which are occurring. Item 2(a) would then read - Facilities and Programs - an evaluation will be jointly conducted of existing facilities and programs to ascertain what needs are not being met of the community, and areas of duplication which are occurring. There were no further questions, comments or amendments from the City Council. Motion by Council Member Russo, second by Council Member Parrott, to adopt the Cooperative Agreement with the Beaumont- Cherry Valley Recreation and Park District as amended. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 8. Authorization to Install a Pump at 560 Pennsylvania Avenue. Consider approval of request to install a pump at 560 Pennsylvania Avenue to eliminate a problem being experienced by the owner of Beaumont Auto Spa resulting from sewage back -up during peak flow periods. The City Manager presented her staff report, a copy of which is a matter of record in the Clerk's file. Her recommendation, along with that of the City Engineer and the Wastewater Treatment Plant Superintendent, was for installation of a pump on the site of the car wash. Motion by Council Member Russo, second by Council Member McLaughlin, to authorize the amount of $6,000 from the sewer service enterprise fund for installation of a pump on the site of the car wash located at 560 Pennsylvania Avenue. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 9. Authorization to Submit Application to Local Agency Formation Commission to Amend the City's Sphere of Influence. Consider authorizing staff to submit an application to the Local Agency Formation Commission requesting amendments to the Sphere of Influence for the City of Beaumont. The staff report was submitted by David Dillon, Planning Consultant, a copy of which is a matter of record in the Clerk's file. Recommendation from staff was to direct staff to file an application with LAFCO to amend the Beaumont sphere of influence in accordance with Exhibit "A" attached to the staff report, which includes the entire community of Cherry Valley. Page 10-x' y Mr. Stan Riddell, representing Cherry spoke in favor of the amendment influence to include the entire commL certain conditions. The full text of is a matter of record in the Clerk's review upon request. oeaun►unt Li ty UOLHIC11 April 26, 1993 Valley Acres and Neighbors, to the City's sphere of nity of Cherry Valley, with Mr. Riddell's presentation file, and is available for Prior to his written presentation, Mr. Riddell wanted it clear on the record that Cherry Valley has not agreed to annex to Beaumont. He continued that Cherry Valley Acres and Neighbors has long been concerned for the preservation of Cherry Valley as an entity and its rural life style. They are also concerned about piecemeal annexations by surrounding cities into Cherry Valley, and the subsequent development of the areas annexed into housing areas that are not conducive to their life style. They have also noted with concern recent decisions by LAFCO that seem to indicate that the interest of Cherry Valley and the interests of other communities such as theirs are at risk in today's environment. He again stated Cherry Valley is not in favor of annexations, and the press should note that in order for annexation to take place the citizens of Cherry Valley would have to vote in favor of such an annexation. He then read from the prepared statement which is a matter of record in the Clerk's file. Mayor Leja pointed out that the City Council has no authority to waive the requirement for signatures, as outlined in Item 2.b of their conditions, as that is under LAFCO's jurisdiction. Council Member Russo asked if LAFCO would recognize this condition as a contingency of Cherry Valley's agreement to the sphere amendment, with Mayor Leja stating that is where discussions with Mr. Spiliotis needs to occur. Council Member Russo continued that he didn't want them to think the City is going to pursue the sphere change without being able to make that commitment, and he really is not comfortable about that. Mr. Riddell said they fully realize that this Council is not the LAFCO Commission, and they fully realize that the actions taken by the Council do not necessarily represent what LAFCO will ultimately approve or disapprove. They do expect that the City will, in good faith, present its request basically as outlined in the letter presented to the City. Mayor Leja asked Mr. Riddell what if LAFCO rejects the City's application based on the fact that we do not have the signatures, with Mr. Riddell replying to come back to them. Mayor Leja did note that LAFCO has waived the filing fee for this application. Mr. Dave Andrews requested to speak in favor of the amendment, but then stated Mr. Riddell had covered it very well, so there was nothing further for him to add. Mr. Herman Fleischer, representing Cherry Valley Environmental Planning Group, spoke in favor of the amendment to the sphere of influence which has been proposed. Mr. Fleischer stated that eight years ago he was opposed, but since there has now been a complete change in Beaumont's attitude including the Beaumont City Council and Beaumont generally, and also a change in Cherry Valley, it is time for Beaumont and Cherry Valley to work together. He continued that he is the Research Chairman for the Cherry Valley Environmental Planning Group, one of the two groups active in Cherry Valley, and then presented some pertinent historical data concerning a proposal by Cherry Valley in the 1970s for a Page 11 C merger of the two communities, with Cherry large lots and rural atmosphere. But this the then City Attorney indicating there was many problems involved. He continued that were close to it now. Beaumont City Council April 26, 1993 Valley retaining their proposal died due to too much work and too it looked as if they Mr. Fleischer then advised he had spoken with George Spiliotis, Executive Officer of LAFCO, last week and he told him that they would have to get signatures. This requirement would not be waived. He hoped that LAFCO would change their minds, but he did want his friends from Cherry Valley Acres and Neighbors to know this. He went on that he has met with representatives from Beaumont, and there was the meeting last Friday which everyone is referring to. His group has not had a chance to meet since the meeting on Friday, however, at their meeting of April 20 a resolution which authorized the officers of the Cherry Valley Environmental Planning Group, including himself as the Research Chairman, to become involved with the City of Beaumont relative to establishing a relationship which will ultimately lead to one city. Frankly, the two communities are like siamese twins, a large percentage of the business people of Beaumont live in Cherry Valley. They shop in Beaumont. In conclusion he stated he is all for the amendment to the sphere which will be designed to actually protect the lifestyle of Cherry Valley. In his meetings with LAFCO and with Supervisor Younglove it is apparent the climate has become difficult. For some reason LAFCO is using the laws which were originally established to transfer land from the County to a City to hurt Cherry Valley, and they have been hurt. They have already lost a portion of Cherry Valley to Calimesa, and a petition has been filed with LAFCO for reconsideration of the previous decision, and this will be heard on June 25. As a result, they actively support the proposal by Beaumont to amend its sphere of influence to include Cherry Valley. Mayor Shirley Morton, of the City of Calimesa, spoke in opposition to the proposed amendment to Beaumont's sphere of influence, stating they were recently before LAFCO requesting an amendment to their sphere of influence, which LAFCO only partially approved - two out of the four requests. This was just a sphere amendment request to protect their boundaries. No annexations were being proposed. At that time she had a feeling that something was coming up, and when she arrived at her office this afternoon and found the City of Beaumont's proposal, she was dismayed. She asked what the City means by stating, " LAFCO application filed by the City of Calimesa to reorganize areas located along major transportation corridors that serve the City of Beaumont and the community of Cherry Valley ", asking what areas and what transportation areas is the City referring to. Mr. Dillon responded that they are referring to San Timoteo Canyon Road and Cherry Valley Boulevard, which was included in Calimesa's sphere application, along with concurrent annexations - a total of eight separate actions filed by Calimesa. Mayor Morton said she still did not understand why the City of Beaumont would consider San Timoteo or Cherry Valley Boulevard an area of transportation that would be major as there hardly is any traffic on Cherry Valley Boulevard now in comparison to I -10. She then asked if a traffic study had been completed on this area. Mr. Dillon replied that a study was included in the General Plan recently adopted where they were identified as major highways of at least a four lane arterial highway, and the major concern in any sphere of influence request is planning for the future, and Page 12 Beaumont City Council April 26, 1993 those are looked at as major arterial entrances to and from the City of Beaumont and the area of Cherry Valley in the future. Even though they may be two lane now, in the future they will probably be four lane and six lane highways. Mayor Morton said they are talking about the far distant future, and asked if we have a traffic count for right now. Mr. Dillon said they are here to plan for the future. The City Manager added that those streets were identified as major arterials in the General Plan adopted by the Council about two months ago. Mayor Morton then asked about the significant land holdings referred to in the staff report, which states in part "the area includes a 73 acre parcel at the southeast corner of Cherry Valley Boulevard and Interstate 10 which has critical significance to the City of Beaumont in terms of future transportation system and economic development considerations ", wanting to know what they means. Mr. Dillon again responded to Mayor Morton's question, stating that the parcel in question is located at the southeast quadrant of the interchange of Cherry Valley Boulevard and Interstate 10. The circulation element of the City of Beaumont shows an element that transverses across that freeway to the south through the Landmark project and eventually ties into Jack Rabbit Trail, which is a major transportation corridor identified by the Riverside County Transmission Commission. In order for the City of Beaumont to have a say in the future of that interchange, the City of Beaumont needs to have some standing in which to approach CalTrans, and the best way to have standing is to have land within its sphere of influence. Mayor Morton asked for further clarification, with Mr. Dillon replying that it would be the extension of Cherry Valley Boulevard from the east across the freeway and then down the south through Landmark property eventually tying into Jack Rabbit Trail, and there are several major projects which are proposed along that alignment including the Jack Rabbit Trail parcel, which affects the whole southern half of the City and its sphere of influence. Mayor Morton then pointed out that most of that property right there at Cherry Valley Boulevard is already in the City of Calimesa, with Mr. Dillon indicating on the west side, and what the City of Beaumont is saying is that the City of Beaumont has to have at least one of those quadrants in order to have a say in the future of that interchange which is so critical to all of the projects that are planned on the west side of the City of Beaumont. Mayor Pro Tem Don Smith, of the City of Banning, spoke in opposition to the City of Beaumont's proposed amendment to its sphere, stating that the City of Banning hereby enters into the record that it is adamantly opposed to the proposed amendment to the City of Beaumont's sphere of influence depicted for the eastern quadrant. Until his arrival at the meeting tonight he was unaware of the proposed boundaries of the southern quadrant, so will have to reserve his comments on that portion for a later date. Mayor Pro Tem Smith's full statement is in the form of a formal letter to the City Council, and is a matter of record in the Clerk's file available for review upon request. Mr. Smith did add that he noted statement is made that the drainage drains into Potrero Creek, and if about half of the Deutsch property Springs Avenue would need to go into Page 13 in the staff report that a from the Black Bench property drainage were the sole issue on the west side of Highland Banning because half of that Beaumont City Council April 26, 1993 property drains to the Banning side. Mr. Smith did state that the City of Banning has no objection to the City of Beaumont crossing Highland Springs Avenue and taking in all the property that Century Homes owns so their full project is in one city. Mr. Cary Lowe, representing Coussoulis Development Company, owner of the Black Bench Ranch property, spoke in opposition to the sphere amendment, submitting a prepared statement of his full presentation for the record. This statement is a matter of record in the Clerk's file and is available for review upon request. In addition to the prepared statement, Mr. Lowe did ask for clarification concerning the boundary line included in the City's proposal, which was not included in any previous Cherry Valley community of interest proposals or their incorporation application, stating that in drawing the lines for the proposed Black Bench Ranch incorporation and the Banning sphere of influence adjustment they purposely stayed out of anything that they understood historically to be considered part of Cherry Valley. They did, in fact, receive support from certain Cherry Valley representatives at their hearings at the City of Banning with regard to their annexation and the sphere of influence adjustment - specifically in view of their annexation agreement with the City of Banning which proposes to leave several hundred acres of open space along the westerly side of the property which are precisely the westerly slopes that are being talked about as watershed, viewshed or in any other way of interest to Beaumont and Cherry Valley. The entire area is essentially undevelopable being very steep, sloping terrain, and if there were some simple way to divide the property up - different ownerships or if the uses weren't somehow tied to one another it might not matter, but the fact is in order to develop the rest of the property in a way that is feasible, they need to be able to transfer densities from one part of that property to another, and they don't want to be split among jurisdictions. As a result they are in a position of having no choice but oppose very strenuously any attempt to split the property between jurisdictions. He continued that so far as Cherry Valley is concerned, the westerly slopes will never be developed, it is going to be open space and whatever water rights and watershed interests there are there will continue to exist regardless of what political jurisdiction it is under. If the water district has some concerns about water rights up there, those issues are not going to be resolved through annexation or through a LAFCO proceeding. In conclusion, Mr. Lowe stated the only other comment he would like to make is that, as with the City of Banning, they got very late notice of this proposal, and he has seen only a portion of the staff report and may have comments on other aspects of the proposal at a later date, as they have some interests in Calimesa as well. He then asked the Council to sever this part of the proposed sphere of influence from further consideration, and whether they do that or not, he asked that they give his company the benefit of a little more notice in the future when the City is talking about matters which concern them so directly. Mayor Leja stated for the record that, first of all, it was at the Council's request that the jurisdictions affected be notified, which normally does not occur. It is not required, but the City of Beaumont did notify the agencies affected. She then addressed the area which he has referred to as open space, stating that can be maintained as open space in Cherry Valley, and apparently what he is really saying is that in order to make their project work, is for them to be able to spread the density so when the proposal goes to the City of Banning for the Page 14 ,1 Beaumont City Council April 26, 1993 approval process they can honestly say they have a smaller number of units per acre than is actually going to occur. To clarify her statement for Mr. Lowe, Mayor Leja again stated, in simpler terms - say they have 13,000 acres and they are only going to develop 3,000 acres, and 13,000 units are proposed, they can say we are going to put one unit per acre - actually putting 13,000 units on 3,000 acres, with Mr. Lowe agreeing that is correct. Mayor Leja then addressed the watershed issue, saying that when he says the watershed issue does not affect Cherry Valley or Beaumont, she wanted to call to his attention there is a tremendous flood control issue, therefore, it is in the best interest of Beaumont and Cherry Valley to have input on that process for the flood related channels because it is her understanding that if houses are placed up there, and the flow comes off into the City of Beaumont's direction, Marshall Creek is going to be impacted significantly, as well as Potrero Creek. Mr. Lowe said that is appropriate and the City of Beaumont will have every opportunity to do that in the course of the normal development and EIR review process, but they do not need to have the property in their sphere of influence to do that. Mayor Leja said it appears the only way the City of Banning can service the proposed project is to utilize Highland Springs Avenue, or do they propose to go over the hill, which would be much more expensive. Mr. Lowe described a new primary route that will be constructed at some point in the future that will go essentially from Highland Springs Avenue up through the Highland Springs Resort property. Mayor Leja pointed out the resort is within the Beaumont- Cherry Valley Water District sphere of influence and receives sewer service from the City of Beaumont, so that entire area is an impact on the City of Beaumont. Mayor Leja also pointed out that if the City of Beaumont had stood their ground more firmly a few years ago this discussion wouldn't be held tonight because the City of Beaumont's sphere of influence was at Highland Home Road and Meridian at that time and would continue to be so today. Dave Lewis, Banning City Council Member, addressed the Council congratulating the City for the efforts and the progress they are making so far as solving their water and wastewater problems in Beaumont so far as growth is concerned. He did think, however, it was very ill -timed to begin this study of the proposed expansion of their sphere of influence. He continued that he would like to implore the Council to recognize the current boundaries of Beaumont's sphere so far as encroaching into what they in Banning consider their sphere, and as long as he has lived in Banning, which is 25 years, he has always thought Highland Springs Avenue was the dividing line between Beaumont and Banning. He continued that he would like to ask the Council as politicians to keep in mind that their staff is going to be able to come up with a multitude of reasons why property east of Highland Springs Avenue should be within Beaumont's sphere of influence, and he wanted to remind them that Banning's staff is going to be able to come up with another multitude of reasons why it should be within Banning's sphere of influence. What is practical to both cities is what is practical to their taxpayers. He is talking about Beaumont's staff spending money on it, about Banning spending money on it, and Banning spending money on attorneys, Beaumont spending money on attorneys, and they are not doing anything for the people who elected them by spending money fighting one another over who knows what. Page 15 oeaumont City Council April 26, 1993 In conclusion, he stated that he is sure the City Council of Banning is going to authorize whatever is needed to protect what in their citizen's mind is the dividing line at Highland Springs Avenue. Mayor Leja said so far she didn't think anyone had brought up the need for attorneys, and she doesn't think this City will, but there is a process which is followed and this is part of the process. Mr. Lewis added that they are not just going to accept this, so they and the City of Beaumont are both going to spend a lot of the taxpayer's money for very questionable results. Mayor Leja went on that this proposal makes sense to the City of Beaumont because of the feasibility of servicing that area, however they would not get into that argument tonight, that is what LAFCO is designed for, where cities and people can protest such items. This was simply a courtesy, and she thanked them for coming tonight. There were no questions or comments from the City Council, and no further discussion from the floor. Motion by Council Member Russo, second by Council Member McLaughlin, to direct staff to file an application with LAFCO on or before May 10 to amend the Beaumont sphere of influence in accordance with Exhibit "A ". AYES: Council Member Brey, Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. McLaughlin, Parrott, Russo and The meeting was recessed at 7:50 p.m., reconvening at 8:00 p.m. 10. Request for Authorized Half -Time Position in the Finance Department. Consider approval of request to add one half -time position in the Finance Department. This agenda item was moved to closed session under adjustments to agenda. 11. ORDINANCE NO. 717 - Second Reading - Authorizing the Execution and Delivery of an Installment Sale Agreement and Authorizing and Directing Certain Other Actions with Respect Thereto. Motion to read Ordinance No. 717 by title only. Motion by Council Member McLaughlin, second by Council Member Brey, to read Ordinance No. 717 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. 717 at its second reading. Motion by Council member McLaughlin, second by Council Member Parrott, to adopt Ordinance No. 717 at its second reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. Page 16 NOES: None. ABSTAIN: None. ABSENT: None. 12. RESOLUTION NO. 1993 -19 - Beaumont City Council April 26, 1993 Re- Establishing Certain City Blocks. The staff report was presented by the City Manager, a copy of which is a matter of record in the Clerk's file. The recommendation was for adoption of the resolution. There were no questions or comments from the Council. Motion by Council Member Russo, second by Council Member Parrott, to adopt Resolution No. 1993 -19. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 13. RESOLUTION NO. 1993 -23 - Designating Certain Real Property to be Included Within a Survey Area for Redevelopment f Project Study Purposes in Accordance with the Community / Redevelopment Law. The staff report was presented by Ernie Egger, Planning Consultant, a copy of which is a matter of record in the Clerk's file, with a recommendation for adoption of Resolution No. 1993- 23. Council Member McLaughlin wanted to know if by adopting the resolution, would it hold the Council to this specific survey area, or could other areas be added at a later date. Mr. Egger responded he believed the Council could, however, the redevelopment survey area, at this point, is a little larger than what the area should ultimately be. When the area is studied further it is likely it will probably be reduced, and focus will be given to areas that are most suitable for redevelopment. Mr. McLaughlin said that means it is flexible, with Mr. Egger agreeing that is correct. Mr. Egger continued that State law places a limitation on the degree of vacant land that can be placed in a redevelopment area, and what is presently shown may include a little more than can be included, and this needs to be analysed and quantified, and adjustments will be made to the areas as they go along, with all of those steps being presented to the Council or the Council acting as the Redevelopment Agency. There were no other questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member Brey, to adopt Resolution No. 1993 -23. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 14. RESOLUTION NO. 1993 -24 - Declaring Intention to Annex Certain Territory to Community Facilities District No. 93 -1, to Levy a Special Tax to Pay for Certain Public Facilities and Services in and for Such Community Facilities District and Declaring Intention to Issue Bonds Secured by a Special Tax to Finance Certain Facilities of Such District. David Dillon, Planning Consultant, presented the staff report, a copy of which is a matter of record in the Clerk's file. The recommendation was for adoption of Resolution No. 1993 -24. ✓.' Page 17 � Beaumont City Council April 26, 1993 Motion by Council Member Parrott, second by Council Member McLaughlin, to adopt Resolution No. 1993 -24. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 15. Status Report on Neighborhood Watch. Council Member Russo reported that at their last Public Safety Meeting the Neighborhood Watch program was discussed, and it was agreed this program should be launched. Although the Police Department provides the education necessary to inform the public on how they can observe and report crimes to the Police Department, however, the Police Department does not run the Neighborhood Watch program. With that philosophy they are suggesting that the community identify their neighborhood and establish a program for their neighborhood. In his case he is having a neighborhood barbeque and will be discussing setting up a neighborhood watch, using information provided to them by the Police Department. At this time the Police Department does have materials available free of charge until the current supply has been exhausted. After that, there will be a charge because a new supply of materials will have to be purchased by the City. Anyone interested should notify Chief Smith or his staff to receive information and direction on how to get a Neighborhood Watch program started in the community. 16. Reports and Appointments. a. Appointments to the Senior Citizen Task Force. This item was continued to the next regular meeting. There were no reports submitted. 17. CONSENT CALENDAR - All Items Listed Under the Consent Calendar are considered to be routine by the City Council and will be approved on one motion. There will be no separate discussion of these items unless a Council Member or Citizen so requests, in which case the item will be removed from the Consent Calendar and considered separately. L1 a. Approval of Minutes of Regular Council Meeting of April 12, 1993. 5 b. Acceptance of Minutes of Regular Planning Commission Meeting of March 16, 1993. C. Approval of Payment of Warrants and Payroll. r! d. Request for Waiver of Fees for Time Extension. Applicant: Association for Retarded Citizens - Riverside. Public Use Permit 92- PUP -1, 702 11th Street. _,e. Request for Waiver of Fees for Application for a Variance j for a Substandard Garage. Applicant: Jacquelyn Ford. Location: 1146 Euclid. Avenue. f. Receive Report of Planning Commission Action at Regular Meeting of April 20, 1993. 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. �je ~ Page 18 �' Beaumont City Council April 26, 1993 NOES: None. ABSTAIN: None. ABSENT: None. 18. Closed Session at Discretion of the Council. The meeting was recessed to closed session pursuant to Government Code Section 54957 to consider public employee personnel matters at 8:25 p.m., reconvening to regular session at 8:53 p.m. It was announced that no action will be taken on Agenda Item No. 10. 19. Cancel Regular Meeting of May 10, and set date of Monday, May 17, 1993 as the next regular meeting. The regular meeting of Monday, May 10 was canceled, and the date of Monday, May 17, 1993 set as the next regular meeting. There being no further business to come before the Council, the meeting was adjourned at 8:55 p.m. Respectfully submitted, � r Pane in BEAUMONT CITY COUNCIL MINUTES Of MAY 17, 1993 The Beaumont City Council met in a regular meeting on Monday, May 17, 1993, at 6:04 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. 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. PUBLIC HEARINGS: 4. RESOLUTION NO. 1993 -13 - Establishing Community Facilities District No. 93 -1 CFD 93 -1), Creating Separate Improvement Areas Therein, providing for a Special Tax Within Each Improvement Area to Pay for Certain Public Facilities and Services and Calling a Special Election Within Each Improvement Area to Submit to the Qualified Electors of Each Improvement Area the Question of Levying Such Special Tax and Establishing an Appropriations Limit for the Community Facilities District, Designating the City Clerk of the City as the Election Official and Amending Section 13 of Resolution No. 1993 -06. Continued from April 12, 1993 . RECOMMENDATION TO CONTINUE TO MAY 24, 1993. The staff report was received from David Dillon, Planning Consultant, a copy of which is a matter of record in the Clerk's file. Mr. Dil Ion' s recommendation was to re -open the public hearing in the event there were those in the audience who wished to submit comments, and then continue the public hearing to the regular meeting of May 24, 1993. There being no one requesting to speak, this public hearing was continued to the regular meeting of May 24, 1993. 5. RESOLUTION NO. 1993 -14 - Declaring the Necessity to Incur Bonded Indebtedness with Respect to Improvement Areas to Pay for Certain Public Facilities Within Community Facilities District No. 93 -1, Calling Special Elections Within Each Such Improvement Area to Submit to the Qualified Electors of Such Improvement Areas the Proposition of Incurring Such Bonded Indebtedness and Designating the City Clerk of the _City as the Election Official. Continued from April 12, 1993 RECOMMENDATION TO CONTINUE TO MAY 24, 1993. Page 1 .' _` Beaumont City Council May 17, 1993 The recommendation from staff was to re -open the public hearing, receive any comments, then continue the public hearing to the regular meeting of May 24, 1993. The public hearing was re- opened at 6:09, and there being no one requesting to speak, was continued at 6:09 :30 to the regular meeting of May 24, 1993. 6. PROPOSED INCREASE IN SEWER RATES AND CHARGES. Continued from April 12, 1993). David Dillon, Planning Consultant, presented the staff report, a copy of which is matter of record in the Clerk's file. Based on the analysis contained within the staff report, the recommendation was to adopt Resolution No. 1993 -16, with the rate increases to take effect January 1, 1994. The public hearing was opened at 6:14 p.m. Mrs. Alma Vrzal, 720 California Avenue, addressed the Council as follows: I would like to know when you increase the sewer fees how soon you plan on upgrading the existing sewers in the older section of Beaumont. My husband and I realize that you have to abide by the State laws governing the updating of the sewer plant, but we also feel it is important to upgrade the sewer lines that are deteriorating with age to the point that the pipes are crumbling and breaking causing stoppage in the lines. And they also have to be leaking raw sewage into the ground soil and water table. A few weeks ago we read an article in the Community Adviser written by Mr. Hap Haskell saying that at one time the City Treasurer didn't know what to do with the money that had accumulated in the sewer fund so he transferred it to the general fund. How could this happen? I found out since then when we have a City Council plus a City Manager and a Financial Officer - Mr. Haskell called me - I had tried to call him before I started this - and this was before we had a City Manager. And he said the Council didn't know about it until it was past tense. It had already happened and most of the money had been spent. So they couldn't put it back in. Anyway, I just hope nothing like this could ever happen again. Again, I want to state that we do realize the sewer plant, has to be brought into compliance with the State law, but we also feel very strongly that the existing outdated sewer lines should be brought up to compliance with the State law also. If this is not done, we want to go on record as opposed to the increase in the sewer fees. Mayor Leja: Staff could you - because I am curious about that too because we do have quite a few problems with existing lines backing up, as a matter of fact we just approved somebody to upgrade their line. Are we making plans for that improvement and when. David Dillon: Yes, as a matter of fact, with CFD 93 -1 we are looking at an overall program for assessing infrastructure in the City. That would take about a year to put that in place and to identify the needs. But there is one particular sewer line on the south end of town which we are looking at to be funded or a parallel line constructed through CFD 93 -1, and that is the upper Potrero /Deutsch trunk sewer, and that is a critical facility that we are going to require funding in the first community facilities district, so if all goes according to schedule we should have the funding in place for that in early fall. Mayor Leja: How will that affect where she lives. Ms. Vrzal: Where I live is where they had the first sewer line in the City. Our city street, I was told, used to be the main street Page 2 Beaumont City Council May 17, 1993 in Beaumont. California Avenue. Mayor Leja: Mr. Russo. Council Member Russo: Yes. In our funds presently, in the sewer funds, do we have no funds available for any reconstruction of present facilities. City Manager: We do have some funds available. Council Member Russo: They have had a problem down there for a long time. And so have other people in that area. Ms. Vrzal: Yes. It backs up into the library all the time too. Council Member Russo: Yes. That is the area where I think, several years ago, where we required several back flow devices to be put in, and you have. . . Ms. Vrzal: We have that. Council Member Russo: got one there probably . Ms. Vrzal: But still when it backs up to that then ours can't go past that, so . . . Council Member Russo: Then it goes into the house obviously. Yes. Mayor Leja: Mr. Dillon. David Dillon: Matt, I think that the line that I am referring to is paralleling one of the interceptor trunk sewers that serves the downtown area. I am not certain that once that line is in whether that is going to solve that particular problem, but we would be happy to look into that. Ms. Vrzal: Our clay pipe is broken. Mayor Leja: Could we look at the areas. Do we have any records left or did a previous employee take any records as far as the older pipes. The ones that were first built - of looking at those first as far as prioritizing that, because that is going to be just as important - it has got to get there for us to use the new plant. Mr. Vrzal: It is from there down to the antique place. Mayor Leja: Where it backs up. So if staff can make that a priority, would that accommodate - would that satisfy you for the time being. Mr. Vrzal: So long as something gets done. Mayor Leja: That is what we are trying to do. Okay. Thank you. Are there any other comments regarding this item tonight. Anyone else wishing to speak in favor or against. We will close the public hearing. The public hearing was closed at 6:19 p.m. Council Member Russo asked for a point of clarification, stating that it was his understanding the reason why the City has to look at doubling the sewer rates now is because we haven't taken any action in the past, asking if that is a correct statement. Mayor Leja: They are nodding their head yes. City Manager: If I might respond Mr. Russo, I think that is partially it. That perhaps rates could have been more gradually Page 3 Beaumont City Council May 17, 1993 increased through the years. I did some research today on previous rate increases, and in 1982 - well, I will go to the most recent first - in 1987 the rates were increased from $5.75 a month to $8.00. The $5.75 had been established in 1982. Also, in 1982 the Council policy was to have non - residents have a 25% surcharge, and that is where we got and are continuing to this day the proposal to have a slightly higher rate for non - residents of the City. So, as you can see, they have not been - in eleven years - they have not been increased very much at all, given the job that we need to do at the wastewater treatment plant. Mayor Leja: Or for those existing lines that have been there for how many years. Mr. Dillon. Mr. Dillon: Yes. One of the other items that we will be looking at as part of the comprehensive public facilities plan will be a sewer trunk main fee which will be a component of the sewer connection fee. We just don't have enough data today to put that fee in place. Mayor Leja: What does that do for the existing residents and their problems. Mr. Dillon: It creates another source of funding for the City to deal with the replacement of trunk sewers in the City, and the construction of new trunk sewer facilities. Mayor Leja: They would have to pay this fee. Mr. Dillon: No. It would only be on new development. The fee would only be on new development. Mayor Leja: Okay. If - I know the question - I have received a couple of calls - if you don't allow development, then we wouldn't have to worry about this. Is that the case. I want you to answer it for the record. Mr. Dillon: Absolutely not. This is solely an effort to bring the existing treatment plant, which is operating at one million gallons a day, into compliance with Title 22 and other regional board requirements. Whether or not new development occurred or not, we would be faced with this issue today. Mayor Leja: We have two representatives of the regional board here. They would like to ask you a couple of questions, I think. Mr. Thiibeault. Council Member Russo: For the record - one more time. You heard Mr. Dillon's statement. Mr. Thibeault: Yes. Council Member Russo: The issue here is if we didn't build another house in this City right now, would we have to do what we are doing to bring that sewer plant up to compliance. Mr. Thi.beault, Executive Director of the Santa Ana Regional Water Quality Control Board: Probably the only difference would be you wouldn't have to go to 1.4 million gallons per day. You would probably have to increase your capacity a little bit over what it is right now so you could provide some level of required reliability for the facilities. But the only difference I can see is you wouldn't have to go all the way to 1.4. The 1.4 allows you to have the excess capacity you need to accommodate new development. Council Member McLaughlin: How about the water that is discharged Page 4 S. Beaumont City Council May 17, 1993 from there. Doesn't that have to be upgraded to comply with the water board's requirements. Mr. Thibeault: The water discharge now. Council Member McLaughlin: Yes, it would have to be upgraded would it not. Mr. Thibeault: Yes. That is what I meant, and I think that was . Council Member McLaughlin: Well you are talking volume and what we really are faced with - not only volume, but also upgrading the quality that is being discharged. Mr. Thibeault: Right. The question I was trying to answer and I didn't do a very good job of it obviously, is that if - even if you don't allow for additional capacity, you still need to upgrade the facilities to comply with laws and regulations that have been in place for about six years now. There are requirements for tertiary treatment to protect anyone who comes in contact with the creek after your discharge point, and also for nitrogen control. You need to do those things, and in addition to that you need to provide reliability features so that if any - if your largest component in the system goes down, you can still provide adequate treatment to the designed wastewater flow through the facility. You can't do any of those things now. Mayor Leja: Mr. Dillon. Mr. Dillon: I would just like to clarify on the 1.4 mgd, even though we are operating right now at about 1 mgd approximately, the .4 mgd portion of the plant is not being funded by rate increases. In fact it is somewhat the other direction in terms of new development potentially funding this. Mayor Leja: So what you are saying is it would be costing us more if we had no development ever occur. Mr. Dillon: It will cost you more ultimately, in the future, if there is no development in the City. No question. Mayor Leja: Any other questions for Mr. Thibeault. Thank you sir. Okay. Are there any other questions for discussion. There were no other questions or comments from the Council. a. RESOLUTION NO. 1993 -16 - Increasing Sewer Fees and Charges for Connections, Construction and Service, Establishing Additional Sewer Fees and Charges for Connections, Construction and Service and Increasing Administrative Fee for Delinquent Charges Placed on the Property Tax Roll Pursuant to Ordinance No. 6489 and Repealing Resolution No. 1987 -77 and All Parts of Resolutions in Conflict Herewith. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1993 -16. AYES: Council Member McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Brey. 7. ANNEXATION 89- ANX -1 -48 - LAFCO No. 92 -42 -3. Applicant: Deutsch Corporation. Location: Approximately 1,152 acres generally located north of 8th Street, east of Cherry Avenue, west of Highland Springs Avenue and south of Brookside Avenue. Receive protests from property owners or registered voters residing within the area proposed to be annexed and consider adoption of resolution ordering annexation. Page 5 C eaumont City Council May 17, 1993 The staff report was received from the City Manager, a copy of which is a matter of record in the Clerk's file. It was noted this is the final step to complete the Deutsch annexation, and is simply a protest hearing for landowners, with the only other landowner being the Beaumont Unified School District. The public hearing was opened at 6:26 p.m. There was no one requesting to speak in protest. The public hearing was closed at 6:26:30. There were no comments or questions from the Council. a. RESOLUTION NO. 1993 -25 - Ordering Territory Designated as LAFCO NO. 92 -42 -3, City of Beaumont 89- ANX -1 -48, Annexed To the City of Beaumont. APPLICANT: Deutsch Corporation. LOCATION: Approximately 1,152 acres generally located north of 8th Street, east of Cherry Avenue, west of Highland Springs Avenue and south of Brookside Avenue, between the cities of Banning and Beaumont. Motion by Council Member Russo, second by Council Member McLaughlin, to adopt Resolution No. 1993 -25. AYES: Council Member McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Brey. END PUBLIC HEARINGS. 8. RESOLUTION NO. 1993 -26 - Conditionally Approving the Assignment of a Cable Television Franchise. / Consenting to the transfer of a Cable Television franchise from American Cable TV of Redlands Joint Venture to TCI Cablevision of California, Inc. The staff report was received froin the City Manager, with a recommendation for adoption of Resolution No. 1993 -26. A copy of the staff 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. 1993 -26. AYES: Council Member McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Brey. 9. RESOLUTION NO. 1993 -27 - Requesting the Local Agency Formation Commission to Amend the City of Beaumont's Sphere of Influence. The staff report was presented by Mr. David Dillon, a copy of which is a matter of record in the Clerk's file. The recommendation was for adoption of the resolution. There were no questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1993 -27. AYES: Council Member McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Brey. Page 6 L �7 Beaumont City Council May 17, 1993 10. Consider Requesting County of Riverside to Include the City of Beaumont in the Community Development Block Grant Program for Fiscal Year 1994 -1996, and Authorization for Mayor to Execute the Three Year Cooperative Agreement. The City Manager presented the staff report, a copy of which is a matter of record in the Clerk's file. The recommendation was to enter into a three year cooperative agreement with the County of Riverside for the Community Development Block Grant Program. Mayor Leja asked if the City has taken advantage of the housing monies available to assist in rehabilitation of existing housing, with the City Manager responding that apparently the City has not used these programs because they have just become aware of them. Mayor Leja then stated it appeared there is a strong need as there is affordable housing in the community, and when development comes in and the statement is made the City needs to put in a percentage of affordable housing to meet the numbers, the existing housing is ignored. She went on that it is her personal opinion this should be made one of the City's top priorities to pursue any funding available or community action plans, etc., which would help revitalize the existing affordable housing for the community. The City Manager advised there is a program existing through the County which is available immediately, and there is a meeting scheduled with EDA in the near future in order to become informed concerning the program and, in turn, pass this information on to the residents. The other possibility is setting up a housing assistance area within the planning department for citizens to obtain information, pamphlets, and any other informational assistance that might be needed in that area. Mayor Leja said one of the other things that has been discussed along these same lines with the Housing Authority is the affordable housing that has been approved in the community, and the feeling in the community that housing tends to go to the people who are in need from the Los Angeles area moving out, rather than taking care of the problems that are existing in the community. She asked if there is a way, as part of this program, where priority can be given to those people who live here now and who need that affordable housing. The City Manager replied that she recently talked with the Director of the Housing Authority and her understanding was that that preference is being given now. One of the problems with the subsidized housing is they have an approximate eight year waiting list, so unless people have very unusual circumstances, for instance, their house has been destroyed by fire or something of this nature, there is virtually no chance of getting into subsidized housing in the community, or any community in Riverside County. Mayor Leja wanted to know how soon before they could expect to actually see some monies flowing and some programs established that would allow the City to begin revitalization of the local housing. The City Manager responded she thought the housing rehab program previously referred to, which is available through the County, is available right now. It is just a matter of getting the information and then getting the information out to the community. Mayor Leja then asked if it takes two years as it does with the CDBG program before the funding is received, with the City Manager indicating that is not the case with the program because it is available at the County and does not have to come from the federal government. Ernest Egger, Planning Consultant, made one more point of Page 7 a Beaumont City Council May 17, 1993 clarification in that he did have an item come across his desk today which is of interest in this area. Specifically it was from the State Department of Housing and Community Development which provided some information on a State bond program which is a general obligation bond approved by the voters some years ago, where now bonds are being sold and made available to rehab owner occupied housing. Those grants are available up to $250,000 per community on a competitive basis. This is outside of the scope of the CDBG program, so it is particularly interesting whereas CDBG funds are distributed - whether through the State or the County - on a formula basis to communities based on demographic characteristics. This program could be supplementary to the County CDBG program. Information has been ordered on this program, and this will be pursued immediately. Mayor Leja asked for a report back on the entire housing issue in July. There were no further questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott to approve continued participation in the County's Urban County CDBG program for Fiscal Year 1994 -1996, and authorize the Mayor to execute the Three Year Cooperative Agreement. AYES: Council Member McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Brey. 11. ORDINANCE NO. 715 - SECOND READING - Prezoning 59.2 acres of land from County of Riverside R -1 (Single Family Residential), R -A (Residential Agriculture), R -3 (General Residential), and C1 -CP (General Commercial) to City of Beaumont R -SF (Residential Single Family), R -A (Residential Agriculture) and R -MF (Residential- Multiple Family). (93- RZ -1). Location: On the north and south side of Eighth Street between Illinois Avenue and Xenia Avenue, and on the Northwest corner of Eighth Street and Highland Springs Avenue. (93- ANX- 1 -52). Motion to read Ordinance No. 715 by title only. Motion by Council Member Russo, second by Council Member Parrott, to read Ordinance No. 715 by title only. AYES: Council Member McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Brey. The ordinance was read by title only by the Deputy City Clerk. Motion to adopt Ordinance No. 715 at its second reading. Motion by Council Member Russo, second by Council Member Parrott to adopt Ordinance No. 715 at its second reading. AYES: Council Member McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Brey. 12. ORDINANCE NO. 716 - FIRST READING - Amending Chapter 8.32 of the Beaumont Municipal Code Entitled Nuisances. 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 of Ordinance No. 716 at its first Page 8 / C ' Beaumont City Council May 17, 1993 reading. Motion by Council Member Russo, second by Council Member McLaughlin, to read Ordinance No. 716 by title only. AYES: Council Member McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Brey. The ordinance was read by title only by the Deputy City Clerk. Motion to approve Ordinance No. 716 at its first reading. Motion by Council Member Russo, second by Council Member McLaughlin, to approve Ordinance No. 716 at its first reading. AYES: Council Member McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Brey. 13. ORDINANCE NO. 718- FIRST READING the Beaumont Municipal Code Entitled The City Manager presented the staff matter of record in the Clerk's file approval of Ordinance No. 718 at its - Amending Chapter 8.20 of Abandoned Vehicles. report, a copy of which is a The recommendation was for first reading. Mayor Leja asked if any member of the community can call with a complaint anonymously, with the procedure then starting to abate the nuisance or vehicle, with the City Manager replying that is true, as the City has worked on a complaint basis in the past, and the City encourages all citizens who have complaints or specific locations they would like to report to the City, to call and give the City that information. Motion to read Ordinance No. 718 by title only. Motion by Council Member McLaughlin, second by Council Member Russo, to read Ordinance No. 718 by title only. AYES: Council Member McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Brey. The ordinance was read by title only by the Deputy City Clerk. [Motion to approve Ordinance No. 718 at its first reading. Motion by Council Member McLaughlin, second by Council Member Russo, to approve Ordinance No. 718 at its first reading. AYES: Council Member McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Brey. 14. ORDINANCE NO. 719 - FIRST READING - Repealing Section 12.08.010 Of the Beaumont Municipal Code, and Adding new Section 12.08.010 to the Beaumont Municipal Code, Amending Title 12, Streets, Sidewalks and Public Places, Chapter 12.08, Public Works Construction Standards. The City Manager presented the staff report, a copy of which is a matter of record in the Clerk's file. The recommendation was for Page 9 � ,f Beaumont City Council May 17, 1993 approval of Ordinance No. 719 at its first reading. Motion to read Ordinance No. 719 by title only. Motion by Council Member McLaughlin, second by Mayor Leja to read Ordinance No. 719 by title only. AYES: Council Member McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Brey. The ordinance was read by title only by the Deputy City Clerk. Motion to approve Ordinance No. 719 at its first reading. Motion by Council Member McLaughlin, second by Council Member Parrott, to approve Ordinance No. 719 at its first reading. AYES: Council Member McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Brey. 15. Appointments to the Senior Citizen Task Force. (Continued from April 26, 1993.) At the request of Mayor Leja, this agenda item was continued to the next regular meeting. 16. Reports and Appointments. a. Report from John Swoda Relative to Riverside County Transportation Commission Technical Advisory Committee meetings. John Swoda presented a lengthy report relative to the City's Dial - A -Ride program and his participation in the Riverside County Transportation Commission Advisory Committee meetings. This presentation is a matter of record on the tape, which is available upon request. In depth documentation was submitted by Mr. Swoda as back -up to his presentation and is a matter of record in the Clerk's file. Mayor Leja said she had heard a rumour of the intention to dissolve the Dial -A -Ride system and have another level create a different public transit system in the Pass Area. She is trying to understand that because the City presently meets with the buses in Banning, Calimesa and Yucaipa, and also buses that go to Hemet. She then asked what the need would be to dissolve the City's Dial -A -Ride system in order to do that, and if these issues are being discussed at the technical committee meetings. Mr. Swoda responded that comes under the transit plan. Mayor Leja wanted to know whose plan that is, RTA or RCTC. Mr. Swoda continued that the Riverside County Transportation Commission set up a technical advisory committee, which is under RCTC. RTA attends these meetings just like the City attends. They are discussing who will run the bus from Calimesa for example, to Beaumont, to Banning, to Cabazon. Who will run the bus to Moreno Valley. He has noticed that in all the surveys put out, everyone is indicating they want to go everywhere, but when it comes down to it they won't be going. He can remember when the survey carne out on Route 31 to Hemet - everyone said they would use it. But very few people do. Page 10 _eaumont City Council May 17, 1993 He went on that if they do run a bus up and down the freeway, someone is going to pay for it. The City's bus system comes under the City Council, and this is the City's bus system and it would be very hard for anyone else to remove it from under the jurisdiction of the City Council. However, actions taken at the RTA board meetings must be watched very carefully, or other committee meetings, to make sure that the City gets its fair share to enable us to stay at the level the City is at right now, which is six buses. There are rumours that any expansion in the future - and this is strictly a rumour - would be the City would have to go to RTA to see if it is permissible for the City to expand its service. He disagrees with this. He would rather go to the agency that has the money, which is the Riverside County Transportation Commission (RCTC). They have the money and they pay the bills. If the City does run more buses than the City has now, someone has to pay for the additional buses. Or is the City going to reduce its service in order to increase the proposed new service. Mayor Leja wanted to know if they have asked those questions yet, with Mr. Swoda indicating they have not because the final draft will be on the May's report. He continued that they are coming up with all kinds of ideas, such as how do they distribute the money - by population, which they think is unfair because there are very sparsely populated areas which need more transportation. They are still discussing the issue of how to distribute the money. Council Member Russo asked if the City presently has any strategic plan for transportation in the City as it grows and develops. Does the City have a three year, five year, ten year, fifteen year, twenty year plan for transportation. Mr. Swoda replied that the City does not have a plan at this time. Council Member Russo then asked if Mr. Swoda could see an advantage for future funding (through whatever organization is going to have the money in the future) as the City grows and develops, to have a plan. Would this enhance our credibility in our ability to receive funding and additional buses down the road. Mr. Swoda agreed and stated further that he had spoken with the previous City Manager about plans for expansion, and he then went to RCTC and told them the City was planning for certain expansion, and he would then justify to RCTC why the City needed more money and why the City needed to expand. For example, when the City started operating on holidays that was an expansion with an additional cost involved. What he has been doing is present to RCTC the City's objective, and if they concur with the plan the funding is made available. Mr. Russo said what he is thinking is as the City grows and develops, and since it often takes place away from the inner -city portions, there are going to be additional transportation needs. It may be that Dial -A -Ride will not work in the new developing areas, and we may want to protect that transportation system for the inner -city. But what is the City going to do to address linking systems to other development as that happens in the community. There are several developments that will be taking place as the City grows through the financing plan, and he was just thinking that perhaps the City should be addressing some kind of a strategic plan for transportation within three, five, ten, fifteen and twenty years that will be consistent with development in the City. Mr. Russo then addressed a question to Mr. Dillon, asking if there is any communication taking place, or is it in anything the City is doing presently as the other planning is taking place, in other words, is the City looking at those kinds of transportation issues, is information being shared - up to this point, has there Page 11 �Q }+ Beaumont Ci ty Counci 1 May 17, 1993 been anything done. Mr. Dillon advised that, on their part, this has been addressed very preliminarily, but they are beginning to meet with some of the representatives from RCTC and CalTrans on some State Highway 60 corridor improvements. There has been some discussion about whether or not it is feasible to bring Metro Link to the area. It is an issue that needs to be looked at as they move forward. Ernest Egger added that another point which may be good information is that within the context of the public facilities financing plan which they will be launching and preparing, this would be a highly appropriate area to include, and to make future funding provisions for, as the City expands to its ultimate limits. Mayor Leja asked Mr. Swoda who would set the policy - would the City Council make the decision to transition a portion of the Dial -A -Ride program to a set route - or does everything have to come through RCTC. Mr. Swoda responded that the Beaumont- Cherry Valley Dial -A -Ride is under the City Council jurisdiction. Mayor Leja continued that if the City wanted to expand the City's services, the City Council could establish the fixed route, and not have to go through RCTC, and also establish what the needs are, with Mr. Swoda agreeing this is correct. He went on to clarify that what would happen is the City Council would make the decision that additional services are needed, and he would then go to RCTC and justify to RCTC the need for additional funding. In other words the City Council would initiate and approve the expansion. Council Member McLaughlin wanted to know if there is any Saturday or Sunday service at this time, with Mr. Swoda indicating we do not provide this service presently. Mr. McLaughlin asked for further clarification that we are providing service on holidays, but not Saturdays and Sundays, with Mr. Swoda advising the City provides service on some holidays - but not Christmas, Thanksgiving or the other major holidays. Council Member McLaughlin then asked what it would take to implement service on Saturdays and Sundays, as there are a lot of citizens who would like to have that service. Mr. Swoda said that is a good question, and if they will look at the quarterly report they will see "subsidy vehicle hour" showing how much the bus will cost per vehicle hour, which is $26.68 providing there is the ridership the City presently has. There is no way of knowing what the ridership would be on Saturday or Sunday, and if that ridership was not attained, the cost would increase. That would be an expansion of service, and if it were recommended to expand the service it would have to be justified to RCTC for the additional funding, buses, etc. Mr. Swoda pointed out that with the new ADA law, they will start going into the mobile home parks for the one individual that is qualified for this special service. They are hoping to hold this to appointment only, but if they are in there and someone else wants to utilize the bus when it is in there, they will not be turned away. Mayor Leja asked if the rules change and we no longer go to RCTC for approval of things, but have to go to RTA, would that be a rule change determined by the Board of Supervisors or from RCTC saying they don't want to do it anymore, or as a result of the report that will be finalized at the end of May. Mr. Swoda replied that the report that will be finalized in May is the consultant's report, which is just a recommendation to RCTC and RTA, and if (through the joint powers agreement with RTA which Page 12 �� Beaumont City Council May 17, 1993 all cities are involved with) it is indicated that RTA will run the Cherry Valley route, it will then come back to the Council and RTA will take Cherry Valley. But so far as the City Dial -A -Ride is concerned, the City Council has the final say on that. Mayor Leja then wanted to know how the other Council Members feel - is it important enough for the results of the consultant's report to be brought back to the Council at another Council meeting for official comments in writing to RCTC, to RTA - does the City want to protect the Dial -A -Ride system and their ability to control it locally, or do they feel that it is best for the community if they relinquish control and allow a more regional approach. These issues are going to be decided, and that is the reason Mr. Swoda was requested to make this report. The City Manager was directed to bring the transportation consultant's report back to the City Council, with staff comments from the City Manager and from Mr. Swoda on the best action that should be taken by the City of Beaumont in order to serve this City's needs. Mayor Leja said she would be interested in finding out what the report says so the Council can comment as a whole in order to assist Mr. Parrott when he attends the RTA meetings so he knows how the Council feels about certain issues. As a result, she would appreciate as much information as possible. The City Manager indicated they would plan tentatively to bring that information back at the June 14 meeting, assuming it has been received in time to allow for sufficient staff comments. Mr. Swoda again emphasized the consultant's report will be a recommendation only and in the discussion stage only. The only thing which concerns him is for any of the City's funding to be taken away because all of the money is needed for the transit system. b. Report from City Manager regarding the community meeting in Cherry Valley. 1 The City Manager reported that a community meeting was held at the Grange in Cherry Valley last Wednesday which was co- sponsored by the City and the three separate Cherry Valley groups. A panel was set and questions and comments were received from interested citizens of the area. There were about Forty people in attendance. A number of people who spoke were in favor of the City's action to expand its sphere into the entire area of Cherry Valley. There were some people who expressed that the Cherry Valley groups in attendance didn't necessarily represent their views, and several people recommended that there be some kind of formal survey done of Cherry Valley residents. There seemed to be a consensus that that would take place over the next month or two. The City was also asked by the Cherry Valley groups to hold another community meeting somewhere during the August time frame and the City agreed to do that and to be available to have meetings at any time they would like to. C. Report from Mayor Leja regarding a Community Action Plan. Mayor Leja called attention to a letter which appeared in the Letters to the Editor regarding a community action plan and no representation from the City of Beaumont, stating that apparently the City has never been informed about the community action plan or invited to participate in an official City capacity. She has asked the City Manager to contact that organization, and asked for volunteers from the Council to attend these meetings in the event they do request City representation in an official capacity. She asked the Council Members to think about this until the next meeting, and if anyone is interested in attending those meetings Page 13 �j Beaumont City Council May 17, 1993 in an official capacity, to. let her know at the next Council meeting. Council Member Russo reported that he did attend the organizational meeting of the CAP program, at which time he did offer to be involved in the functions of that organization, and they were looking at that as a representation of the City, however, he did not put himself in a position to officially represent the City, as he was more concerned as a citizen. However, they set their meeting times on a date which conflicted with other meetings and programs he is involved in, therefore, he was unable to attend any further meetings. Unfortunately, they may have assumed there was no interest on the part of the City. He just wanted it made clear that these types of things have happened before where the City Council has been criticized for non- involvement or concern about community action programs or whatever, but he thinks it needs to be clear that there is a lot they are all involved in, and probably even more which each one could do individually if they were invited or asked to be involved. He would encourage people to come and talk to the Council before they write letters to the editor criticizing the City Council's non - interest. The Council should be asked if they are interested first. d. Report from Council Member Parrott concerning meeting with Pass Water Agency. Council Member Parrott reported that at the last meeting he attended with the Pass Water Agency, their status is that they are in the EIR evaluation process now, which should be finished by September 1. They will then move ahead. There were no other reports. 17. CONSENT CALENDAR: a. Approval of Minutes of Regular Council Meeting of April 26, 1993. b. Approval of Warrants and Payroll. Motion by Council Member Parrott, second by Council Member McLaughlin to adopt the consent calendar as presented. AYES: Council Member McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Brey. 18. 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. Identification of such litigation would jeopardize the City's ability to conclude existing settlement negotiations to its advantage. The meeting was recessed to closed session at 7:27 p.m., reconvening to regular session at 7:58 p.m. Date set for next regular Council Meeting, Monday, May 24, 1993, 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. Respe_c.Lfully submitted, i . eWty uity uier Page 14 I BEAUMONT CITY COUNCIL MINUTES OF JUNE 14, 1993 The Beaumont City Council met in a regular meeting on Monday, June 14, 1993, at 6:00 p.m., in the City Council Chambers, with Mayor Leja presiding. On roll call the following Council Members were present: Brey, McLaughlin, Russo and Mayor Leja. Let the record show Council Member Parrott was excused. The invocation was given by Council Member Russo. A special flag ceremony was presented by Beaumont Cub Scout Pack 144 commemorating Flag Day. The Cub Scout Pack concluded their presentation by leading the pledge of allegiance to the flag. Mayor Leja introduced the young men participating from Cub Scout Pack 144, as follows: David Winter, Bradley Byron, Jamie West, Johnathan King, Craig Peiksma, Adam Rodriquez, Matthew Henderson, and their leaders Debbie Winters and Bob Peiksma. She and members of the City Council then presented City of Beaumont logo pins to all members. 1. Clerk's Affidavit of Posting. The clerk's affidavit of posting the agenda was read into the record by the Deputy City Clerk. 2. Adjustments to Agenda. There were no adjustments to the agenda. 3. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. PUBLIC HEARINGS: 4. RESOLUTION NO. 1993 -13 - Establishing Community Facilities District No. 93 -1 (CF5 93 -1), Creating Separate Improvement Areas Therein, providing for a Special Tax Within Each Improvement Area to Pay for Certain Public Facilities and Services and Calling a Special Election Within Each Improvement Area to Submit to the Qualified Electors of Each Improvement Area the Question of Levying Such Special Tax and Establishing an Appropriations Limit for the Community Facilities District, Designating the City Clerk of the City as the Election Official and Amending Section.13 of Resolution No. 1993 -06. Public Hearing Continued from May 17, 1993). Mr. David Dillon presented the staff report relative to this agenda item, which is a matter of record in Community Facilities District 93 -1 Briefing Booklet No. 3, and available for review upon request. Mr. Dillon's recommendation was to re -open the public hearing, receive any testimony or comments from the public, and close the public hearing. He then recommended the agenda item be continued to a City Council meeting to be scheduled for Tuesday, June 29, for consideration of adoption of the resolution. The public hearing was re- opened at 6:11 p. ill. , with no one Page 1� _Aeaumont City Council June 14, 1993 requesting to speak. Mayor Leja then read into the record letters received from the Beaumont Unified School District and Beaumont - Cherry Valley Water District. These letters are attached hereto and made a part hereof by reference. Mr. David Dillon added for the record, as a point of clarification with regard to the school facilities, that one improvement area related to the Rolling Hills Ranch development has requested authorization to fund approximately 1.1 million dollars in school facilities out of the first bond issue, and this being a very recent development it was not reflected in the School District's letter. The public hearing was closed at 6:14 p.m. There were no questions or comments from the Council. a. Consider Adoption of Resolution No. 1993 -13. By consensus of the Council, adoption of the resolution was continued to Tuesday, June 29, 1993. 5. RESOLUTION NO. 1993 -14 - Declaring the Necessity to Incur Bonded Indebtedness with Respect to Improvement Areas to Pay for Certain Public Facilities Within Community Facilities District No. 93 -1, Calling Special Elections 1f Within Each Such Improvement Area to Submit to the Qualified Electors of Such Improvement Areas the Proposition of Incurring Such Bonded Indebtedness and Designating the City Clerk of the City as the Election Official. Public Hearing Continued from May 17, 1993). The staff report was received from Mr. David Dillon and is a matter of record in CFD 93 -1 Briefing Booklet No. 3 available for review in the City Clerk's office. Mr. Dillon recommended the public hearing be re- opened to receive testimony and comments from the public, with the hearing then closed and adoption of the resolution continued to June 29, 1993. The public hearing was re- opened at 6:16 p.m. There being no one requesting to speak, and no written correspondence presented, the hearing was closed at 6:16 :30 p.m. a. Consider Adoption of Resolution No. 1993 -14. There were no questions or comments from the Council. By consensus of the Council adoption of Resolution No. 1993- 14 was continued to Tuesday, June 29, 1993. 6. RESOLUTION NO. 1993 -24 - Declaring Its Intention to Annex Certain Territory to Community Facilities District No. 93 -1, to Levy a Special Tax to Pay for Certain Public Facilities and Services in and for such Community Facilities District and Declaring Its Intention to Issue Bonds Secured by a Special Tax to Finance Certain Facilities of Such District. Consider Re designating Improvement Area No. 6 of CFD 93 -1 as Improvement Area No. 6A and Improvement Area No. 6B to Annex Parcel Numbers 418- 240 -008, 418- 250 -005 and 419 -260 -004 to Improvement Area No. 6B. (Loma Linda Properties). NOTE: The material related to Resolution No. 1993 -24 is now incorporated in Resolution No. 1993 -14. END PUBLIC HEARINGS. 7. Request from Beaumont Cemetery District for Establishment of a No Parking Zone Along the Cemetery Frontage on Edgar Avenue. Consider a request for restricted parking to accommodate funeral processions. Page 2 %� Reaumont City Council ine 14, 1993 The City Manager presented the staff report, a copy of which is a matter of record in the Clerk's file. The recommendation was for adoption of Resolution No. 1993 -28 establishing a restricted parking zone by use of temporary, portable, restricted parking signs. Mrs. Alma Vrzal, 720 California Avenue, addressed the Council in opposition to this no parking zone if it was restricted all of the time. Mr. Jerry Cody, 1322 Edgar Avenue, speaking on behalf of the majority of the residents on the east side of Edgar Avenue across from the cemetery, opposed any type of restricted parking adjacent to the cemetery on the west side of Edgar Avenue. There was lengthy discussion, with a number members of the City Council directed to Mr. C The City Manager was directed to schedule representative of the Cemetery District discuss possible solutions prior to bringing the Council at the next meeting. of questions from ody. a meeting with a and Mr. Cody to the matter back to a. RESOLUTION NO. 1993 -28 - Pursuant to Chapter 10.04 of the Municipal Code Prescribing a Preferential Parking Zone on the West Side of Edgar Avenue Adjacent to the Cemetery District Frontage by Utilizing Temporary, Portable, Restricted Parking Signs for Use on Specific Dates and Times. This agenda item was continued to Tuesday, June 29, 1993. 8. Request from Cherry Festival for Additional Subsidy of Security Costs. The staff report was presented by the City which is a matter of record in the Clerk's was for the City to subsidize $3,000 of security cost for the Cherry Festival due to Festival Association had budgeted only $3, estimates. No recommendation was made by Manager, a copy of file. The request the total $6,000 the fact the Cherry 000 based on prior the City Manager. Mayor Leja stated it was unfair to the Cherry Festival Association to double the cost at this late date, with Council Members McLaughlin and Brey agreeing with the Mayor. Council Member Russo added that, unless he was mistaken, he thought the additional security was required by the City, with Chief Smith clarifying that the concert the weekend prior to the festival was an addition this year, and he made it clear to the association in the very first meetings that the City could no longer pay the officers at the reserve rate, but would be required to pay them time and a half. Unfortunately, in making up the schedule they did not know until quite late who would be scheduled for this security duty. As a result the final figures are based on the officers who have been assigned to the event. Discussion continued concerning the procedures followed in determining the security requirements, including whether or not the association could use private security in place of the police department. Sgt. John Acosta advised the Council of his meeting with Mr. Smith, at which time the added costs were discussed, as well as Sgt. Acosta's recommendation that he would rather have police officers because there would be more control than if there were someone else involved. Ken Smith, President of the Cherry Festival Association, stated that the cost for last year was $1900, and this year - because of the concert - they raised the budget to $3000, thinking this was going to cover the additional security required. They are now asking the Council to limit the amount of costs to the Page 3 .i "eaumont City Council ine 14, 1993 Association to $3000. Council Member Russo asked if the funds the City would have to expend for this security would come out of the police department budget, with the City Manager responding that is correct. She continued that there are sufficient funds available in the police department budget as expenditures for this current year are under budget. Motion by Council Member Russo, second by Council Member McLaughlin, that the City limit the Cherry Festival Association's responsibility for security to $3,000 for the event, with the City paying any additional costs. AYES: Council Member Brey, McLaughlin, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Parrott. The meeting was recessed at 6:50 p.m., reconvening at 6:55 p.m. 9. Consideration of Claim Filed Against the City by William E. Watts. 7 The City Manager presented her report with a recommendation for rejection of the claim. There were no comments or questions from the Council. Motion by Council Member Russo, second by Council Member Brey, 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, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Parrott. 10. Consider Contract Amendment with Terra Nova Planning & Research, Inc. for the Lockheed Potrero Creek Specific Plan, C7 EIR, LAFCO Proceedings. The City Manager presented the staff report, a copy of which is a matter of record in the Clerk's file. Her recommendation was for approval of the contract amendment. Council Member Russo asked if the fees would be paid for by developer fees, with the City Manager confirming that is correct. Motion by Council Member McLaughlin, second by Council Member Russo, to approve the contract amendment with Terra Nova Planning & Research, Inc., relating to the Lockheed Potrero Creek Specific Plan /EIR /LAFCO. AYES: Council Member Brey, McLaughlin, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Parrott. 11. a. Consider Agreement for Planning Services Related to the Mission Viejo Company Jack Rabbit Trail Project between the City of Beaumont and Urban Logic Consultants. i � l Page 4 Beaumont City Council ,ne 14, 1993 b. Consider Agreement for Planning Services Related to the Lockheed - Potrero Creek Specific Plan between the City of Beaumont and Urban Logic Consultants. C . Consider Agreement for Planning Services Related to the Heartland Beaumont Project between the City of Beaumont and Urban Logic Consultants. The City Manager presented her report, a copy of which is a matter of record in the Clerk's file. The recommendation was for approval of all three agreements. Council Member Russo again questioned whether or not these fees would be paid by developer fees, with the City Manager confirming that is correct. The City Manager added that she would be outlining for the Council the extent to which those development fees are proposed in the next fiscal year, and, in fact, quite a few of those fees have been paid toward the end of the current fiscal year as well. Mr. Russo then asked if engineering fees would be included as well, with Ernie Egger replying that engineering fees would not be included directly, however, the City fees are more than sufficient to offset the planning fees associated with processing of the projects, as well as any specialized, technical assistance that may be necessary from the City Engineer. There were no other questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member Russo, to approve the following: a. Agreement for Planning Services Related to the Mission Viejo -Jack Rabbit Trail Project between the City of Beaumont and Urban Logic Consultants. b. Agreement for Planning Services Related to Lockheed - Potrero Creek Specific Plan between the City of Beaumont and Urban Logic Consultants. 1 c. Agreement for Planning Services Related to the Heartland - Beaumont Project between the City of Beaumont and Urban Logic Consultants. d. Authorize the Mayor to execute said Agreements. AYES: Council Member Brey, McLaughlin, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Parrott. 12. Consider Contract Amendment with Trans - Pacific Consultants for Community Facilities District 93 -1. (David Taussig & Associates, Inc.). The staff report was received from the City Manager, a copy of which is a matter of record in the Clerk's file. The recommendation was for approval of the contract amendment. There were no questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member Russo, to approve the Professional Services Agreement with David Taussig & Associates, Inc., and authorize the Mayor to execute same. AYES: Council Member Brey, McLaughlin, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Parrott. Page 5 Beaumont City CounciL °ine 14, 1993 13' RESOLUTION NO. 1993 -32 - Calling and Giving Notice of the Holding of a General Municipal Election to be Held in Said City on Tuesday, November 2, 1993 For Election of Certain Officers of Said City as Required by the Provisions of the Laws of the State of California Relating to General Law Cities; and Requesting The Registrar of Voters to Conduct The Election. The staff report was presented by the City Manager, a copy of which is a matter of record in the Clerk's file. The recommendation was for adoption of the resolution. There were no comments or questions from the Council. Motion by Council Member Russo, second by Council Member Brey, to adopt Resolution No. 1993 -32. AYES: Council Member Brey, McLaughlin, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Parrott. 14:, RESOLUTION NO. 1993 -33 - Setting Forth Regulations For Candidates for Elective Office, Pertaining to Materials Submitted to the Electorate And The Costs Thereof, And Requiring Candidates For City Offices To Pay The Cost Of Candidates Statements, For The General Municipal Election to be Held in Said City On Tuesday, November 2, 1993. The City Manager recommended adoption of the resolution, with no comments or questions received from the Council. Motion by Council Membec Russo, second by Council Member Brey, to adopt Resolution No. 1993 -33. AYES: Council Member Brey, McLaughlin, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Parrott. 115'1� ORDINANCE NO. 716 - SECOND READING - Amending Chapter 8.32 of the Beaumont Municipal Code Entitled Nuisances. Motion to Read Ordinance No. 716 by title only. Motion by Council Member McLaughlin, second by Council Member Brey, to read Ordinance No. 716 by title only. AYES: Council Member Brey, McLaughlin, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Parrott. Page 6 The ordinance was read by title only by the Deputy City Clerk. Motion to Adopt Ordinance No. 716 at its second reading. Motion by Council Member McLaughlin, second by Council Member Brey, to adopt Ordinance No. 716 at its second reading. AYES: Council Member Brey, McLaughlin, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Parrott. 6 ORDINANCE NO. 718 - SECOND READING - Amending Chapter 8.20 of the Beaumont Municipal Code Entitled Abandoned Vehicles. Page 6 Beaumont City Council one 14, 1993 Motion to read Ordinance No. 718 by title only. Motion by Council Member Russo, second by Council Member Brey, to read Ordinance No. 718 by title only. AYES: Council Member Brey, 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. 718 at its second reading. Motion by Council Member Brey, second by Council Member McLaughlin, to adopt Ordinance No. 718 at its second reading. AYES: Council Member Brey, McLaughlin, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Parrott. ORDINANCE NO. 719 - SECOND READING - Repealing Section 12.08.010 of the Beaumont Municipal Code, and Adding New Section 12.08.010 to the Beaumont Municipal Code, Amending Title 12, Streets, Sidewalks and Public Places, Chapter 12.08, Public Works Construction Standards. Motion to read Ordinance No. 719 by title only. Motion by Council Member Brey, second by Council Member Russo, to read Ordinance No. 719 by title only. AYES: Council Member Brey, McLaughlin, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Parrott. Motion to adopt Ordinance No. 719 at its second reading. Motion by Council Member Brey, second by Council Member McLaughlin, to adopt Ordinance No. 719 at its second reading. AYES: Council Member Brey, McLaughlin, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Parrott. 18 Receive and File Report Regarding Integrated Transit Planning Process for Western Riverside County. The City Manager reported that it does not appear this study affects the City of Beaumont in any major way with the exception that transit allocations have been frozen at 1992 -93 levels. Any increases beyond regular cost -of- living increases (such as expanded service) would need to go before a special committee which will be formed. The emphasis has been that cities who are involved need to take a very active role in the committee process, because the City will not know when any request from the City will be before the committee. Motion by Council Member McLaughlin, second by Council Member Russo, to receive and file the report regarding Integrated Transit Planning Process for Western Riverside County. On a vote of four ayes, one absent, the motion carried unanimously. F Page 7 Beaumont City Council ine 14, 1993 119.' Discussion of Budget Review and Process. The City Manager advised that the preliminary budget for 1993 -94 would be distributed to the Council at the end of the week, and asked how the Council wanted to initiate the budget review process. After discussion, the date of Monday, June 21, 1993, at 6:00 p.m., was set as a special meeting for budget review. 20'1, Reports and Appointments. a. Appointments to Senior Citizens Task Force. (Continued from �( J May 17, 1993). Mayor Leja made the following appointments to the Senior Citizens Task Force: 1. Mental Health Department - Carol Cripps. 2. Adult Protective Services - Eugene Hamilton. 3. County Office on Aging, Access Program - Terry Avelar. 4. Senior Nutrition Program - Michelle Logan. 5. Senior Home Repair - Cathy Cloward. 6. Housing Authority - Arnold Crawford. 7. Beaumont Dial -A -Ride - John Swoda. 8. Beaumont Police Chief - Pat Smith. 9. Beaumont - Cherry Valley Recreation & Parks District - Rosalind Otero. 10. H.E.L.P. - Eleanor Kotsos. 11. Beaumont Fire Captain - Jim Cook. 12. Visiting Nurses Association - Vicki Jackson. 13. San Gorgonio Pass Hospital - Kay Lang. 14. Senior Center Director - Mary Blankenship. 15. Chairperson - Dayle Keller. Mayor Leja than requested a report back to the Council within six months analyzing the services that are being provided, if there can be better coordination, and where the system is failing, based on discussion with the prior committee representing the senior community. b. Report concerning representation at the Community Action Plan (CAP) meetings. The City Manager reported she made contact with this organization, and was to have attended a meeting scheduled last week, however, the meeting was canceled at the last minute. It is the intent for someone from staff to attend the next several meetings to get a sense of how the City might contribute to that organization. The City's name is being placed on the mailing list of meeting notices, etc. Additionally, she has learned that representatives of the Police Department have attended two or three different meetings held by the group previously. There were no other reports. 21. CONSENT CALENDAR - =' a. Approval of City Council Minutes of Regular City Council Meeting of May 17, 1993. b. Acceptance of Planning Commission Minutes of Regular Meeting of April 20, 1993. C. Approval of Payment of Warrants and Payroll. '- d. Approve Training Site Letter of Agreement with Riverside Page 8 j Beaumont City Council ne 14, 1993 County Office on Aging for Fiscal Year 1993 -1994, and authorization for City Manager to execute same. S e. Report of Action by Planning Commission at Regular Meeting of May 18, 1993 and Special Meeting of June 1, 1993. 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. The meeting was adjourned to a meeting of the Beaumont Financing Authority at 7:18 p.m., reconvening at 7:24 p.m. 22. 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. Identification of such litigation would jeopardize the City's ability to conclude existing settlement negotiations to its advantage. The meeting was recessed to closed session at 7:25 p.m., reconvening to regular session at 7:57 p.m. There being no further business to come before the Council, the meeting was adjourned at 7 :58 p.m. Ric fully submitted, 4J.00c: V44& uty City Clerk Page 9 .-5 0 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF JUNE 21, 1993 The Beaumont City Council met in a special meeting at 6:11 p.m., on Monday, June 21, 1993, 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 Agenda. The Clerk's affidavit of posting the agenda was read into the record by the Deputy City Clerk. 2. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. 3. Review of Proposed 1993 -94 Budget. The City Manager presented her report concerning the proposed Fiscal Year 1993 -94 budget. This in -depth staff report is contained within the budget document as the executive summary, and is available for review upon request. Council Member Russo stated he needs more time to review the proposed budget and requested that another budget meeting be scheduled. Mayor Leja clarified that the City Manager stated she would be bringing back a revised budget for sewer service to show the rate increase, with an affirmative response from the City Manager. She then asked if she would also be bringing back a priority list of sewer system work to be completed, as she would like to have an idea when they can start looking at replacing some of the existing lines in the City which have been experiencing problems. The City Manager replied she could bring a list such as this to the Council in 90 to 120 days along with the capital improvement budget, which will involve looking at every possible source of revenue for capital improvements, infrastructure, and so forth. Mayor Leja then asked if the Council would be receiving any other information prior to the next budget hearing relative to expenditures and revenues for this past year, with the City Manager responding they are working on estimated revenues for the end of FY 1992 -93, as well as estimated expenditures, by department and fund. Council Member McLaughlin said the City Manager has done a very fine job in preparing this proposed budget, with the information being very complex and complete, however, he agreed with Council Member Russo that a little more time is needed for review of the information which has been given to them. Additionally, he felt the City Manager may also need more time since the information from the State and other areas is incomplete. As a result it was his recommendation that Page 1 t e Beaumont City Council rune 21, 1993 another budget meeting should be scheduled. Council Member Brey felt the Council could go ahead and review a couple of departments tonight, with Council Member Parrott of the opinion that more time is needed for Council review. The City Manager suggested the Council might appreciate receiving brief descriptions of programs by the department heads present, with Mayor Leja adding they could also review proposed revenues. Council Member Russo stated that, basically, any non - General Fund revenues and departments, since they don't really include at this point any capital expenditures, could be approved at this time. His main concern is that until they can see the impact of any shortfalls as a result of the State's action, and can see a better picture on the actual projected revenues for this fiscal year, he feels it would be very difficult to adopt a General Fund budget. Mayor Leja directed discussion to the Transit budget, with Mike Pistilli, representing the Transit Department, stating he has no problem with it. The City Manager stated they are presenting the same levels of service as currently being provided, with the same number of employees. There has been one adjustment percentage -wise for the Senior Equipment Mechanic's time, to show the representative time spent on transit vehicles. General discussion continued concerning both the transit budget as well as other departments, with the City Manager and Administrative Services Director explaining the format being used, and answering questions from the Council concerning distribution of personnel to the various funds. Mayor Leja expressed the fact that she did not feel ready to discuss the budget at this time, as she personally felt she needed more time to review the budget document. She then asked that another date be set for this review after they had all had a chance for an in -depth study and the City Manager could provide them with a summary of all changes. Council Member Russo again stated he had no problem discussing the restricted funds, just with the general fund. Mayor Leja asked if the funds were available for some of the capital items shown. The Administrative Services Director advised that $114,000 has been received for the two transit buses, but the additional $35,000 for the one additional passenger bus has not yet been received. The $7,500 for the Third Street yard improvements have been received and will be carried over, with the three remaining items being new with no funding yet received. Council Member Russo questioned the $40,000 budgeted in the sewer budget, with Larry Laws replying that is for a dump truck, and although it has been scratched from the budget the intention was to bring to the Council's attention the fact there is a need. At the present time they have two 1970 dump trucks that are in a very poor state of repair, and it is quite a testament to the vehicle maintenance department that they are able to keep them running as parts are very difficult to obtain. He continued that this has been identified the two previous years, but never brought to the full Council to make them aware of the need. Mr. Laws further stated that he realized this was the year when this kind of money could not be spent, but he did want the Council Page 2 ,J Beaumont City Council -ie 21, 1993 to know there is a need and when the funds do become available they will consider it. Council Member Russo asked if this would be funded out of the sewer fund, with the City Manager advising that is how it is proposed but the equipment is shared between departments, so general fund revenues would have to be utilized as well. The possible date for the next budget meeting was discussed, with the City Manager stating the Council should adopt a tentative budget before the first payroll of the new fiscal year. She said she would let the Council know when this should be done, and would come back to the Council with a suggested date for the next budget meeting at the appropriate time. 4. Action on Budget Related Items. No action was taken on budget related items. 5. Recess to Closed Session at Discretion of the Council. There was no need for a closed session. There being no further business to come before the Council, the meeting was adjourned at 7:02 p.m. R tfuIIy sub miittteddj,►' eputy City Clerk Page 3 i BEAUMONT CITY COUNCIL MINUTES OF JUNE 29, 1993 The Beaumont City Council met in a regular meeting on Tuesday, June 29, 1993, at 6:00 p.m., in the City Council Chambers, with Mayor Leja presiding. On roll call the following Council Members were present: Brey, McLaughlin, Parrott, Russo and Mayor Leja. The invocation was given by 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. Adjustments to Agenda. There were no adjustments to the agenda. 3. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. PUBLIC HEARING: r., 4.` APPEAL of Planning Commission Denial of Application for Public Use Permit 93- PUP -1. Location: 13140 American Avenue, Beaumont. Appellant: George R. Agard. The staff report was presented by Ernest Egger, Planning Consultant, a copy of which is a matter of record in the Clerk's file. Mr. Egger emphasized that the historic use of this property has been as a residential care facility for seniors, which predates the annexation of this area into the City. He continued that staff believes the original approvals for that particular site and that use were granted by the County prior to that incorporation action, and the City's first notice relative to the item presently before the Council carne when they received a notice from the State of California Health and Welfare Agency, Department of Social Services, Community Care Licensing Office, which regulates residential board and care facilities and other similar facilities. This notice merely related to a State provision that essentially serves to preclude the over - concentration of board and care facilities within any one particular neighborhood. In effect the notice simply indicated that a facility was being proposed at that location termed a residential care facility, with no further elaboration, with a maximum capacity of 46, and asking for a statement from the City whether or not there were similar facilities within 300 feet. Other than that there was no information on the notice, and the purpose of the notice wasn't whether or not that use was deemed appropriate at that location, but simply relating to over - concentration potential of such uses. Mr. Egger went on to say that Mr. Agard did obtain a business license with the stated purpose being operation of a residential care facility, but it should be noted that issuance of a business license does not secure the appropriate land use Page 1 4 eaumont City Council June 29, 1993 approvals in itself, and does not preempt the need to obtain the required land use approvals pursuant to the zoning ordinance. He continued that a number of complaints received from the residents of the area made staff aware of problems with the facility, and it was determined this particular facility is operating without a public use permit, which is required of such uses. Mr. Egger pointed out the fundamental issue that relates to this project is a land use matter - the compatibility of this facility with a well- maintained neighborhood of single family residences. The Beaumont Municipal Code does allow such a use as Beaumont Manor subject to approval of a PUP in residential zones, including single family residential, subject to the following finding. "A public use shall not be granted unless the applicant demonstrates that the proposed use will not be detrimental to the health, safety or general welfare of the community. Any permit that is granted shall be subject to such conditions as shall be necessary to protect the health, safety or general welfare of the community." The request for a public use permit was brought to the Planning Commission and subsequently denied based on the findings, with an appeal then filed to bring the matter before the City Council. Mr. Egger presented the findings of the Planning Commission for Council review, as follows: 1. The subject land use was established without the required public use permit and at present constitutes a violation of the Municipal Code Section 17.71.100. 2. The method of operation of the facility has resulted in a substantial and undue nuisance upon the residential neighborhood in which it is located. 3. Numerous violations of State licensing provisions have occurred. 4. Issuance by the State of California of a license for this facility does not preempt the City of Beaumont's Municipal Code requirement for a Public Use Permit. 5. The issuance of a business license does not preempt the requirement for a Public Use Permit. 6. The type of facility proposed and being operated is not compatible with a residential neighborhood in an urban setting. 7. The subject use based on recent events proves that the use detrimentally affects the health, safety and general welfare of the surrounding community. 8. Given the demonstrated lack of supervision and staffing there is insufficient evidence to prove that the application of conditions of approval for additional staffing would be adhered to and would result in a land use which is compatible with the surrounding neighborhood. 9. The frequency and nature of citizen complaints illustrates the existence of a substantial problem and inadequate evidence has been provided by the applicant to demonstrate that the problems can be corrected. Staff, in support of the Planning Commission's decision, recommended: Page 2 i Beaumont City Council ,.ine 29, 1993 1. Receive testimony from the applicant and local residents. 2. Review the findings adopted by the Planning Commission and determine if additional or modified findings are in order based upon the testimony received. 3. Based upon the analysis and findings of the staff report, uphold the Planning Commission's denial of the Public Use Permit Application No. 93- PUP -1. The public hearing was opened at 6:26 p.m. Mr. George Agard, the appellant, 13140 American Avenue, Beaumont, speaking in favor of his appeal: Mrs. Mayor, Councilmen, I thank you for allowing me this time. Present here with me are numerous neighbors and individuals in support of my conditional use application, and also in support of Beaumont Manor. Also present are my attorney, my administrator and several doctors and mental health providers. I also took the liberty of bringing a few of my clients. I would like at this time to have them rise and show themselves. These are the type of people that are in the neighborhood. A sampling of the type of people that are in the neighborhood. Do they look just like typical Beaumont residents. Well, Mrs. Mayor and Mr. Councilmen. These are your citizens. They are voting people. They are neighbors and they are current residents of Beaumont Manor. They could be your sons, your daughters, your mother, your brother, any member of your family or maybe even yourself or I. Any one of us can at any time in our life come down with this disease. It is a disease the sarne as heart disease, cancer or any disease that preys upon human beings. One out of every 100 people have schizophrenia and 15% of the general population are touched with mental illness. The Council has received my packet and my letter. I have been visited by one Council Member this evening, Mr. Russo. I hope everyone has had a chance to digest that information. The people that we are dealing with again, I say, are human beings. They do not need to be put into a pastoral setting as Mr. Egger puts it. I believe that is an opinion and not a documented reality. If you were one of these people how would you like to be living in the middle of the desert or some less socialized, less family type environmental or a residential type area. And they should have that right. There is a stigma with mental illness about the criminal activity they possibly commit and do, and they are not the perpetrators, they are the perpetrated upon. That is one reason why they need to be in a more controlled environment so that they will not be subject to mistreatment by people in the society. Mayor Leja: Sir. You have exceeded the three minute time limit, but I will go ahead and give you a couple more minutes given the length of the staff report. I think it is fair that you have a couple more minutes. Mr. Agard: And I have a chance to rebut anyway, so I will be more than happy. You have read my report. I have presented that, and I will yield the floor to my proponents and opponents. Thank you. Mayor Leja: Michael Hesse. Michael Hesse, Land Use Attorney, representing the appellant: I would like to take a brief opportunity to consider some of the legal issues that are raised by the City's threatened prohibition of the continued operation of this residential care facility. I would like to briefly highlight some of the facts relating to the background of this facility. This facility was lawfully Page 3 i Beaumont City Council ,�jne 29, 1993 created in 1965. And it was lawfully created as a residential care facility. It was licensed by the State of California as a residential care facility. That is the same thing that it is licensed by the State as now - a residential care facility. The use has not changed. The use of this facility has not changed. There have been some comments made by the planning director and in the staff report there are comments made that the use of this facility has changed, but that is without any evidentiary foundation, and that is not a fact. The use of this facility has not changed. Now, the occupants, previously, were older. That is a fact that we will concede. And the occupants now are somewhat younger. But other than that, except for that age distinction which we don't feel is a proper basis for discrimination, except for that the use has not changed. It was a residential care facility then, it is a residential care facility now. The previous owner and operator of the residential care facility, which has been there since 1965, Ms. Delores Mezori - would you stand up please - oh, I am sorry - business partner of Delores Mezori is present, and she will testify to the Council and to the Mayor that the occupants of this facility have always been people who had handicaps. People who suffered from senility, dementia, Altzheimer's disease, other forms of mental health. The various mental health hospitals in this area were the sources of these occupants who have historically occupied this care center since 1965. So the illusion being created here that this use has somehow been changed since 1965 is simply not true. And there are no facts - no evidence that will support that conclusion that has been given to you by the planning department here. Additionally, it is very important to note to you the planning department indicates to all of you that the first time they became aware - the City I should say - the first time the City became aware of the new use, as they put it, of this facility, was when the State sent a notice regarding the license that Mr. Agard obtained. That is also not true. Mr. Agard specifically went to the City's Planning Department before entering into an agreement to purchase this property. That was in August of 1992 before he ever signed a contract agreeing to purchase this property. He went to the planning department and with him was Delores Mezori, the seller. And the purpose of that visit was to ascertain exactly what permits, what approvals, what licenses would be required to continue the operation of this residential care facility which has lawfully operated before this property was annexed to the City. Mr. Agard was directed to the Building Inspector. He was told there was no Planning Director at that time, and the Building Inspector was the one who would answer these questions for him. He went to the Building Inspector, Mrs. Mezori was present with him, and he said "what do I need ", and he was told - the Building Inspector told him I am very familiar with this facility. It has been in operation for many, many years. The only thing that you need is the State license for a residential care facility and a business license. Mayor Leja: Sir, you have also exceeded the three minutes, but I will give you the extra two minutes too if you would like. Mr. Hesse: I appreciate that because I would like to point out the staff report was so long and we do need to cover all of these things. Mayor Leja: I agree, the staff report was very long, that is the reason I am being very lenient on the proponents. Mr. Hesse: I appreciate that very much. Based on the representations by the Building Inspector, who he was directed Page 4 e "oaumont City Council ine 29, 1993 to by the City Clerk for these answers, Mr. Agard did enter into an agreement to purchase this property, which he had not entered into before. And he did complete the purchase of the property. He expended in excess of $100,000 to purchase this property, perform the repairs that were required, and begin management of this facility. Many, many months later the City planning staff came along and said you need to apply for a Public Use Permit. Now, based on those representations, he did apply for the Public use Permit and, of course, we see the response. The response is the planning department is vehemently against continued operation of this facility, even though the Planning Commission - I think it is important to note - the Planning Commission only voted three to two, the Planning Commission voted three to two. So this is not an open and shut case by any means. But we just want to point out that based on the United States Constitution and the California Constitution Mr. Agard does have a vested right to continue this business, this residential care facility, that was lawfully created. The use was never abandoned. The use has never been discontinued. It has been interrupted only briefly for repairs and for change of management and that is all. And it has operated since 1965 to the present. And that is about 28 years. Now any brief interruption for repairs is certainly insignificant in view of that. Additionally, we want to point out the legal doctrine of equitable estoppel, and the cases - we have supplied a letter to all of you - and the cases that we cite make it clear that men and women are held to a high standard when they deal with the government, and the government should likewise be held to a high standard when they deal with their citizens. And when you tell your citizens one thing, this is what you can do, this is what we require of you, and the citizens act on that, they rely to their detriment, expend in excess of $100,000, begin operation, it is not fair to simply pull the rug out from under them and say sorry, we had it wrong the first time. That is simply not fair. Finally, you will hear from - I am going to wrap it up now because I don't want to take too much of your time, but you are going to hear from lots of neighbors who are very familiar with this facility, and they are in favor of it. You are going to hear from people who have been involved with the operation of it, t lie y are in favor of it. This facility performs a tremendous service to the City of Beaumont and to the surrounding areas. And we don't feel there is any intrusion or any nuisance that is imposed upon the City, and we honestly feel the most appropriate action by the Council and the Mayor at this time would be to approve a continued use of this residential care facility. Mayor Leja: Thank you. Okay, in opposition. Bill Russell. Your name and address for the record. Bill Russell, 13081 American Avenue, Beaumont, speaking in opposition: First of all that place wasn't closed down for repairs. It was closed down because the people who run it lost their license. Everybody who lives there is familiar with that. A few weeks ago they put a deal in the paper where they said they had a petition for this and that, and they had twenty -seven some signatures. We don't know where they got the signatures. I went out for ten minutes and got names of everybody on the side of our street, and they were all opposed to it. One of the ladies in the paper said they lived there a long time, next to this place. We have got twenty -one years, fifteen years, twenty -four years, thirty years, I don't think the people they talked to lived there that long. He brought some of the residents. It could be any of our sons or daughters, but not 47 of them at a time. We don't want that Page 5 ' P� Beaumont City Council ,ne 29, 1993 many people there. They walk up and down the streets. Since we had the Planning Commission meeting everybody has been kind of shuttled into the back, and we haven't - I have been on vacation, so I don't know if we had any problems with them yet or not. But, also he talks about the old people that were there. We are not afraid of people with Altzheimer's diseases coining into our homes, or anything like that. We are not afraid of old people. They admitted that some of these people are on dangerous medication. If they take too much, if they take too little, we never did get an answer on the credentials of the people that are giving these medications to these people, and they are dangerous. The people can flip out either way if they get too much or too little or whatever. They stand in the bushes -- well, this was before the Planning Commission was held -- they would stand in the bushes and watch us. They would come out to the street. They would question us on how long we were going to be gone, where we were going, things like that. It all just kind of snowballed into a lot of the things that we just don't like about it. We are uncomfortable about it. We have all put a lot of money into our homes, and we feel this is going to help to decline our neighborhood, and I don't think Beaumont needs another rundown neighborhood. Beaumont is trying to build out. You wouldn't want this up at Country Crossing. I can't sell my house if I have to tell people what is there. He is playing them off like they are - how would you put it - they are mentally handicapped - well, from what we understand they are emotionally disturbed. They are from State mental hospitals. We don't know what their crimes were. Why they were there, or what they are capable of doing. We also have no control over finding this out, and they have admitted, every time there is a problem then they do something about it. The problem is they wait until there is a problem. We don't want to wait until something happens. We don't want somebody hurt, either them or us, before something is done about it. Why wait. We have no control over who they put in there. He has got a pretty good representation of the people that live there, but there are some other ones that are a little scarier looking. I would say, they dress like bikers, or what ever. Up until last year I had long hair myself, but, you know, some of these people - they are not from our neighborhood. We don't know them, and we don't want 40 some odd of them being there, and we don't feel our neighborhood is where it ought to be. The one they run downtown here, I don't know what kind of people they have there, that is more or less where they need to have it, somewhere other than in a residential neighborhood with small children and things. Mayor Leja: Your three minutes are up. Would you like another couple of minutes. Mr. Russell: No, I am done. Mayor Leja: Can we see your petition. Mr. Russell: I don't have all the names on there - the Glocks aren't on there - in fact, I don't think they were even notified, and their backyard is this place, so. . .I just got in last night about 10:00 and I haven't had a chance to do anything. Mayor Leja: Mr. Earl Woodley. Earl Woodley, 13093 American, speaking in opposition: From what we understood the rest home across the street was closed by the State because of a lack of good care. Now that is what we heard. It is hearsay. But it was closed and abandoned for a year in between this place moving in and Delores closing up. That is what the residents know. None of these problems were Page 6 i Beaumont City Council ine 29, 1993 addressed until us people living around there started complaining. If we hadn't complained none of this would have happened at all. His breaking of the laws and not following the rules State and the City's rules. And if we hadn't brought it to the City and State's attention, this would have just skated right under. We, as residents there, have nothing against the people they are keeping, but more the people who are running it. That should be understood. We the property owners - they talk about these people having rights, well we have rights too, and ours have been infringed from getting knocked on the door to answering the phone, to having vulgar things going on across the street, the kids are not safe on our street. If I had a young one, I would positively never let him walk down American. The people that are here that are for this thing don't live there. We the residents that live there are against it. So make sure you understand why they are all giving their testimony, they don't live there, and haven't had to help take care of these people. Last thing, these people, even in the Planning Commission meeting, know my wife's and my schedule, and what we do almost all the time. Do you know what your neighbors are doing across the street all the time. They even said so at the Planning Commission. That is it. Mayor Leja: Is there anyone else wishing to speak on item four. Yes sir. Come to the front and give your name for the record. Howard Knowlton, a psychologist with offices at 3559 W. Ramsey, Banning, speaking in favor: I have been practicing psychology out here for about twelve years now, and I have also been visiting this facility where a number of clients are also my clients. I find it distressing that people are, you know, bound up so much in their fears of those who they believe to be somehow different and more dangerous than themselves, that they would essentially go to the extreme of thinking about taking their rights. These folks - you know, you folks do live there, and you have lived there a long time, and you have a right to remain so, but then the clients who are living there now, this is their home now. You know, they carne to light there, they came and found their home there, now they are orienting into the community, they have lived there six months or so. It is just so, these are the sons and daughters of community people just like yourselves. People from the desert, people from San Bernardino, Beaumont, Banning, most of these folks are from right around here. They didn't come here from thousands of miles away, you know, they are local folks. And for their degree of dangerousness I feel not threatened by that, and I have had broad experience working with a whole bunch of people all the way from the road camp down in Banning to Elgin State Hospital in Illinois. So what I see is a lot of folks who need a home who have had a rough life, and believe me, mental illness is no picnic. It is a very painful experience to have, and so I just hate to think they are going to be bounced one more time. Now, Mr. Agard, I have known now for about five months or so and I have visited both of his facilities, and to me they seem well run, and as I say I have worked around a great many places. So I think the fears of the dangerousness of these folks is grossly exaggerated and that they have more to fear from the community than the community has to fear from them. I would be very surprised if something like these folks are imagining really did happen. As Mr. Agard did point out last time, you know, we have a Page 7 i Beaumont City Council ine 29, 1993 responsibility to each other, and I think we would rather see people taken care of in a loving environment than see people strung out along the freeway homeless because they are mentally ill and there is nowhere for them to go. So that concludes my remarks. Thank you very much. Mayor Leja: Thank you very much. Yes. Patricia Donahue, 13050 American Avenue, Apt. C, business associate of Delores Mezori the prior owner, speaking in favor: Let me just clear up one little misconception. There has never at any time, since 1963, a loss of license for lack of care. Not by our place, not by the next owner even though he alienated almost everybody in town, and by the following lessee, who left because his lease was up and for no other reason. 90% of our clients were referred by Mid - County Mental Health and by the Eisenhower Medical Center Altzheimer Diagnostic Center, so I would say that 90% of our people were old and mentally ill. Thank you very much. Mayor Leja: Is there anyone else wishing to speak. Yes sir. Guy Carmichael, 13190 American Avenue, Beaumont, speaking in favor: Good evening Mayor and City Council. I just heard this gentleman over here speak something about health. This Council ought to know something about health. I live in smut because of this City not doing the sewer properly and taking care of the sewage disposal. So that is my health line. Now, as far as those people are concerned that live up there. I have been there several months at 13190 American Avenue, and I see the people go by there all the time and they have not once caused us one problem. That is all I have to say. Mayor Leja: Thank you very much sir. And we are trying to take care of your sewer problem as well. Yes. Marcella Barnes, 13190 American Avenue, Beaumont, representing the apartment unit at 13190 American Avenue and 13174 American Avenue, speaking in favor: We have owned these since 1968, and we have been very much aware of this facility. My sister -in -law used to work with the facility up there when it was - and did a lot of the laundry work. My sister is also a nurse who works for the State mental hospital. They try to handle all the patients there in a home environment. They don't dress in white uniforms and so that each person, even though they are not capable of getting out of their State facility, they are handled like a family orientation. Now I feel that if anyone could be crushed probably we could with six units there that we might lose extra people as tenants if this would create a problem for the people in the community, but in my being there, and I'm there day in and day out a lot of times because of corning to check on things. In recent months it has been because of our sewer problems. We spend a lot of time there. We see the people go by. They might wave at you. They say hi to you, because they are like children. They want to be friendly with people, and so - but as far as getting out of hand or being anything that looked violent or looked like it was going to endanger anybody - if we buy and sell our property, we never know who is going to be our neighbor or what kind if person they are going to be, and we don't have any control over that either. So I feel that we, as a community, are responsible to try to do everything we can to help our people and to keep them out of concealed confinement if they are able to do that. Thank you. Mayor Leja: Thank you. Yes sir. Milton Barnes, owner of the apartments at 13190 American Avenue XI Page 8; and 13174 American, speaking in favor: Agard is getting a dirty deal. . . Beaumont City Council ',ine 29, 1993 I really think that Mr. Mayor Leja: He hasn't gotten a deal yet. Mr. Barnes: . . .when you guys don't approve this permit, because that has been since 1965. I have been there twenty - five years and I have never experienced any problems from that care center, and I haven't recently. I think it is just plain dirty politics. That is what I think. Just like it is with my sewer. What does the City of Beaumont give me. They give me the same darn thing. A bad time. That is all I have got to say. I hope I don't have to be in this City very long. Mayor Leja: Sir, is it your understanding then, from your statement, that Mr. Agard has been. . . Mr. Barnes: He has been in full compliance as far as I know. Mayor Leja: . . . has he, you made it sound as though he has been the director since 1965. Mr. Barnes: No, he hasn't. He just carne recently, but I think he is being persecuted by the City Council. Mayor Leja: We haven't said anything yet sir. Thank you very much. Mr. Barnes: I heard the report, that is what I am talking about. Mayor Leja: He is not the City Council, we are the City Council. . . Mr. Barnes: Well, you are. Your the City Council. And I am talking to the City Council, and I am talking to the staff report, I am talking to all of you. Mayor Leja: . . .we haven't said anything about him. Thank you very much. Thank you very much. Okay, we have had the opportunity for the proponents and the opponents. And we will give the opportunity for rebuttal to Mr. Agard, unless there is someone else who would like to speak. Okay, Mr. Agard, you have the opportunity for rebuttal since you are the applicant. Mr. Agard: Well, I don't want to cause a war up here. Mr. Egger made a statement a minute ago that there was - and this is a land use, not a sewer use, meeting, but he made the statement himself that there is a slightly different use, and there is a time lapse. There has not been a time lapse of one year or more, and as I have investigated with my attorney that is the basic time frame I believe that it takes for the pre- existing use law not to be used here, or as we lay people know it, the grandfather clause. We have been attentative to the neighbors, contradictory to what Mr. Woodley and Mr. Russell would say. Mr. Russell brought it to my administrator's attention that one of our clients had knocked on his door. I personally think the client was really trying to help Mr. Russell, or he thought he was, because he told him his house was on fire. And his chimney sits to the rear of the house and it is at night, and it is the wintertime, and he sees smoke corning out the chimney. Well, he talked to my administrator and my administrator said we would handle it, and we did. That client is no longer in the neighborhood, not for that reason, but for some other problems that he had created and the potentiality for him to create problems in the neighborhood. Mr. Woodley and Mr. Russell came to the facility. They addressed the problem at that time, and we discussed it with Page 9 4 Beaumont City Council �- -ie 29, 1993 our clients, and we took care of it. There is mention in the staff report of numerous complaints and numerous public nuisance problems, lewd acts, burning of pillows in front of the facility. That is totally untrue. There was a pillow burnt in the rear field behind the facility, which is property owned by the facility, that was done by someone in the neighborhood. Not by my clients. When the fire department came we checked all our residents, we made room search, we made a complete check. There was nobody missing from the facility. No one had been from the facility. We have an 8:00 curfew and this happened about 9:30. The pillow - I have fragments of that pillow, and if I have to take it to a forensic lab to prove that pillow didn't come from our facility, that is a possibility. But it did not come from the facility, the fire captain even made a statement to my staff that they saw two people run away from the area when they drove up, and they went over the fence in the rear. On many occasions I have asked young people in the neighborhood not to come on our premises. Two kids came on the premises and stole the backboard from the basketball court that we had set up, which is on the rear of the property. Just this past weekend Mr. Woodley was not at home. His own son and his friends were playing in the middle of the street, and they were running in and out of our driveway, and on our front lawn, chasing a frisbee. At no time did any of our clients bother them or say anything to them. And I didn't say anything to them because when you chase a frisbee you are liable to go anywhere, right. And I want to be a good neighbor, I don't want to be a bad neighbor, and if a guy just happens to run into the driveway chasing a frisbee that is okay. We have had other problems in the neighborhood that aren't even related to us. Staff has put together police reports, two of which are not even - weren't even problems that had to do with the neighbors or with the neighborhood. Staff did not put in the police report, and I told Officer Haas to make sure that the City knew that I made this complaint on a neighbor. A neighbor driving up and down the street in her automobile, cursing, swearing that she was going to get her so and so husband or boyfriend, or whatever it was. Running around the walnut tree in the car chasing him. He jumps on the car and kicks in the windshield. Mayor Leja: Did she get him. Mr. Agard: No, she didn't get him, but he got her, and we ended up calling the police and the police ended up hauling her away. So, I am saying, any of these little problems can be caused by anybody in the neighborhood. I mean, Mr. Woodley could get angry and cause a problem in the neighborhood, who knows. The credentials - somebody wants to know about the credentials of the people, the people have extensive training by the mental health professionals that come in and out of our facility as to giving out medication. Why do you need a credential to give out medication. You give medication to your children. Do you have credentials to give it to them. You read the label on the bottle. There are some specific guidelines that licensing has that we have to follow to give out medication. Remember, we are not a locked facility. We are not a State hospital. We are classified a residential care facility. Residential meaning that it is a facility that is non - institutional, that is in an area of residences for these clients. Everything I have heard is hearsay. Standing in the bushes. Clients staring at me. Whistling at my daughter. If your daughter walks out of the local grocery store and somebody whistles at her, is the City going to go over and try to shut up the grocery store because of that. I hope not. Page 10 4 Beaumont City Council -ie 29, 1993 I don't have anything else to rebut. I could stand up and talk all day about it. Council Member Parrott: How large a staff do you have. Mr. Agard: Currently I have twelve people on staff including myself . Mayor Leja: Do those twelve people live there or how long are those twelve people present throughout a twenty -four hour day. Mr. Agard: Throughout a twenty -four hour day, there are three people there at all times. Mayor Leja: Three people there. Mr. Agard: At all times. Okay. There are three people that live on the premises. I am on twenty -four hour call for anything that is needed, and mostly during the busiest part of the day there is anywhere from five to seven people there during the day, along with any mental health professionals that may be coining and going throughout the day in the facility. The doctors. Dr. Knowlton, social workers, case managers, the people from the day treatment program. As far as activities and recreation goes, we have always had activities and recreation and as the staff alludes to an inspection report, that inspection was prompted by the complaints from the neighbors. And that is one - Mr. Woodley and Mr. Russell say they have not - and I have heard the City and the staff say - that they have no recourse if a problem occurs. Well that is not true because you do have the State. And the State will investigate any complaint to find whether it is substantiated or not. So there is that recourse. Whether the land use issue is valid or not valid. Mayor Leja: Could we clarify something real quick. Something that has bothered me through this entire hearing. Is the referral of you and your proponents who keep referring to them as mentally ill, and I don't think that is appropriate. And like in your own statement at the Planning Commission hearing, mentally ill, the title, lowers their self- esteem, and I agree completely because I have worked in facilities on a volunteer basis where we have worked constructively with folks, who have some learning handicaps or some learning problems, or whatever you want to say, but I would appreciate consideration given to those people, as you requested that night, that they not be referred to in that manner. To also clarify, this isn't an issue of whether we look at those that are located in your residential care facility, if they are appropriate, but is the land use appropriate. So I would like to separate those two issues, because some of us on this Council have had personal experiences with close friends or family in residential care facilities, or have had the similar problems of the patients who are located in your facility. So let's please separate that and not make this a debate on discrimination or such a thing. Because I don't think that is my intent or anyone else's intent on this Council. It is a land use decision, so if Council has questions, and in your response, if we could all keep it focused on land use. Okay. Mr. Agard: 1 would agree with you, but remember, your staff has made the acquaintment to every issue. Mayor Leja: Okay. Mr. Russo. Council Member Russo: On the question of the one year lapse of time in usage, you are saying that is not true. You are saying Page 11 Beaumont City Council J9-ne 29, 1993 that that facility was not closed down for one year where it was not operated as a residential care facility. Mr. Agard: Yes. Council Member Russo: You are saying it was not closed down. Mr. Agard: We have documented proof that that facility was not shut down for over a period of a year. Council Member Russo: Okay, let me ask you. Was the facility closed and not operating as a residential care facility. Mr. Agard: It was not operating as a residential care facility based on the fact that it didn't have people housed in it at that time. And that was not for a year. Council Member Russo: Was there an organization that was running it - in your report I think you mentioned that there was a one year period of time where it was not operated as a residential care facility, is that correct Ernie. Mr. Egger: That is as we understand it, and let me just clarify something as well. That the Code, as it reads, would cause a PUP, or Public Use Permit, to be revoked in the event that the use lapsed for a one year period. In this case, however, you have to remember that no PUP actually existed on the property. It came in as a pre- existing use under the County, so it is questionable, and perhaps Mr. Aklufi could shed some light on it, but it is questionable in my mind whether or not that one year provision would even apply given the fact that no actual public use permit existed on the property itself. In my opinion, it would have become subject to a PUP the minute the use lapsed for that ownership or the situation of the facility changed by virtue of the existing Code. Council Member Russo: Al right. August of 1992, when you came to the City to purchase the property, or before you purchased the property, is that correct. Mr. Agard: That is correct. Council Member Russo: Who did you speak to. Mr. Agard: Mr. Kent Hall. Council Member Russo: And in August of 1992 you were told that we did not have a planning staff. Mr. Agard: No, I did not know that the City did not have a planning staff until this issue carne about. The issue of the PUP, and I also found out that there was not a City Manager at that time. Mayor Leja: There was a City Manager. Mr. Agard: There was a City Manager. Council Member Russo: Absolutely. Mayor Leja: We paid him, trust me. Mr. Agard: Well, I heard there wasn't, and I also - Ms. Keller said she came on board in January. Mayor Leja: That is correct. Council Member Russo: I am trying to understand when you purchased the property and started operating did you have a license from the City to operate the facility. Page 12 h Beaumont City Council Ine 29, 1993 Mr. Agard: Yes. I went in and paid $147.00 for a City business license. I told Mrs. Taylor, I told Mrs. Thompson, and I told Mr. Hall that I came to apply for the license. They were very willing to give it to me. And, in fact, the first time I talked to Mr. Hall they were ready to issue me a license at that time - very eager. But I said no, no I haven't even bought the place yet. Let me wait until I purchase it and it goes through escrow. So on October 7, I believe, is when I purchased the business license. May I reiterate that - you know - to a lot of lay people, even though staff says that does not preempt the land use, to many lay people, when a City issues a business license, that is your ticket to go into business. I know in other cities that CUPs are required, and that is why I came to the City asking what is required of this City. Different cities operate in different fashions, and when he told me that that facility had existed for many years, and that he was very familiar with it, and unbeknown to me that he was the City Building Inspector - you see over the door it says Planning and Building Department - and I did not know - at that time - that he was the City inspector. When I found out he was the City inspector is when he approached me when we were putting in the sewer system at the facility. That is when I found out he was the inspector. Mayor Leja: Kent is here. Come up please. Thanks for coming down. Council Member Russo: Kent, would you clear this up for us. What do you recall of the incident in August - when he carne in - in 1992 in August. What is your recollection of this. Kent Hall, Building Inspector: He did come in and Cherry and Terry and I were there. Mr. Agard did come in and we did talk about it, and I told him at that time it was an existing use and that there had - that he would be able to operate it as what it had been previously as an existing use. Council Member Russo: Did we have a Planning Director at that time. I can't recall the timing - we didn't have anybody on board at that time. Mr. Hall: No. Council Member Russo: So it was your understanding that was a legal and conforming use at the time. Mr. Hall: At that time, yes. Mayor Leja: Mr. Agard, I understand - I know that has been one of our biggest concerns with anybody corning to the City if they are not told completely or if there is misinformation or whatever, but we still have to get back to the land use issue. When were you first notified that there was a need for a conditional use permit. Can you recall. Mr. Agard: I can't recall the dates, but when Ms. C r i s t e called me and we discussed it, and at that time I also expressed my concerns to her about it. Mr. Egger. Likely in late February or early March. Mayor Leja: According to this it was March 15. Mr. Egger: That is when the letter was sent, but there was a conversation prior to that as I understand - I am just conjecturing that that could have been late February or early March. Mr. Agard: The conversation was not in February. The conversation was within two or three days before that letter Page 13 Beaumont City Council qe 29, 1993 was mailed. Mayor Leja: Can I ask a question. Did you just disregard the letter, or did you think it was of any significance, because from the paper trail I see here there was no reaction from you until after our attorney contacted you. Mr. Agard: Right. Around the third of May. Mayor Leja: And that was what - two letters later or three letters later. Three letters according to the information I have when Mr. Aklufi sent you a letter. Did you just disregard the other two letters, or did you call and have conversation with staff, or try to clear it up, or did you say, they screwed up and I am just going to ignore it. Mr. Agard: Yes, this was - I really was sort of disheartened at the fact that the City was pulling this sneaky on me. Okay. First you give me a business license, and then you tell me that - and tell me I'm okay to operate - and then you turn around and tell me that I need a conditional use permit after the fact that I had bought the facility, and I know what can happen. I am involved in Fontana politics. Where I live. I am on the PAC commission for the Sierra Corridor Redevelopment Committee. And I know sort of what happens in some of - what can happen in some politics. And I felt - hey, you know, I have a business license, why are they bothering me. Mayor Leja: Can you clarify what you mean by in some politics. Mr. Agard: Well, you know, I mean, the estoppel theory. You are told one thing and all of a sudden somebody says, no, and then . . . Mayor Leja: The gestapo theory works this way - my understanding - in Tennessee it works this way. They just go in and shut you down and get you out of town, that is how it works. Mr. Agard: No, I said estoppel. Mayor Leja: Okay. Mr. Agard: It doesn't have anything with shutting down. It has to do with telling you one thing, and then telling you something else. Part of the delay was that I did talk to Mr. Egger on the phone, and pleaded my case with him, and he says irregardless you have still got to put in an application. And then, of course, I heard that Ms. Criste - it was about a thirty day period between the time I talked to you and I was contacted by Ms. Criste, and I heard that she had gotten fired, so. . . Mayor Leja: She was never fired. Mr. Agard: I said I heard she had gotten fired, and so I said oh, well, she is gone, so I don't have to worry about that problem. Mayor Leja: Oh, okay. Can I ask you a question. Mr. Agard: Until I was contacted by Mr. Egger, and then the City lost my application. Irregardless of whether it was complete or not complete, I purposely told Mr. Egger - and I - I mean - do I look like I am mentally ill. Do I look like I have got a problem. . . Mayor Leja: Do you have . . . Mr. Agard: because when I went - may I finish. Page 14 r t aumont City Council .,une 29, 1993 Mayor Leja: Do you have a receipt to prove that you actually sent in the application - the one that was lost. Mr. Agard: No, because I trusted the City that they weren't going to lose my application, but believe me, I would not stand here and tell you that I submitted one, and I didn't submit one, okay. I also sent the cover letter to you and to Ms. Keller. Now, the City has a copy of the cover letter, and I believe the date on it is April 14. The City Manager received it - why would I send Ms. Keller a letter saying that I submitted an application and send you a letter saying I had submitted an application, if I had not submitted an application? Mayor Leja: Can I ask you another question please. How many facilities do you operate in other areas, or have you operated in other areas. Mr. Agard: Through the 21 years I have been in the business I have operated many facilities in many areas. I am currently operating two - the one here in Beaumont, one in Fontana. I am involved in two of them. Mayor Leja: And has it been general practice to get a conditional use permit. Mr. Agard: Generally, yes, but not all the time. Mayor Leja: And being the expert, and knowing how government works occasionally, and how we let the ball drop - all governments, did you happen to think to ask if you needed a conditional use permit. Mr. Agard: I did mention a conditional use permit to Ms. Thompson, I believe, when I came in, and she says - what's that, and I knew right away she didn't know. And that is when she referred me over to the other door to Kent Hall. And my question then was, what do I need to operate the facility, or open the facility up. Mayor Leja: So you probably weren't surprised when you got a letter from Nicole that there was the need for a conditional use permit. Mr. Agard: No - I was surprised. And the reason I was surprised is because I had information from the previous owner, and in the records that I had, there was no conditional use permit on this facility, never ever. So that is the - you know - I figured it was just a grandfather clause. Mayor Leja: Mr. Egger. In your records research have we ever had a conditional use permit on that facility. Mr. Egger: No. There was one item that was processed upon annexation and that was simply a minor verification by staff that was brought to Council that the use, basically, was a use that was carried over from the County, but in terms of the processing of the CUP or a PUP there was never such application on the property for the prior use. Mayor Leja: Do we have any type of - I'm afraid to ask this. Any type of policy so that we can check periodically on a yearly basis or whatever - surely we do some type of a yearly inspection on community care facilities because I am sure yours is very responsible. But there are those out there that tend to be a little shady and, basically, I wouldn't want anyone in that facility. I think we need more good facilities, not just more facilities. Do we have any type of policy where we can go in periodically and check to make sure that the conditional use permits are in place, and that the fire needs are being met. r Page 15 `_ - ,aumont City Council _ine 29, 1993 That there is a disaster preparedness plan for that facility. Because I know in Florida recently when they had Hurricane Andrew, all the facilities that were in that particular area where they were hit, the staff got up and ran out and left the people there to fend for themselves. Do we have any type of policy that would help in providing good care facilities, so that we can have a periodic check for those conditional use permits, etc. Mr. Egger: No. From a planning standpoint we do not have a policy that results in periodic checks in terms of land use entitlements and permits being in effect. I believe the fire department conducts inspections on a periodic basis. The City's inspection efforts are really limited to just drive - by code enforcement activities, which are really no different for those kinds of facilities then any other use. The State does have, by virtue of its licensing provision, some degree of inspection and tracking of what is happening at those facilities, however, again, it does not overlap the City's land use authorities or have anything to do with those in fact. Council Member McLaughlin: I would like to ask him. What do you not like about a conditional use permit. For instance, like what has been sort of discussed, whether you have this facility you are prepared for this and this and that. At some of your facilities you have had to have done these. And if this is what is required here, which seems to be to your advantage as well as your clientele's advantage of having a facility that has some safeguards that are built in. Because with the way things are being run today, and people suing and so forth, it seems like you would not object for us to go into this and maybe put some of these restrictions that would make for a better run facility. It might cost you a little extra work, maybe even an extra employee or something. I don't know this, but it seems like - as I listen to you - this is what you would like to do. I feel like if you can do these things that would improve the facility and maybe some of the objections I have heard - whether you hear this rumour or that rumour - I don't know whether they are true - I know these people, and I am sure they feel that what they have said is absolute fact, and yet somebody disputes it, and so here I sit. But it seems like they would be happier if some of the things they are objecting to could be used in this conditional use permit that would prevent those things happening. It sounds, since I have also lived here longer than they have, I have known Delores for many, many years, so I don't see why we can't somehow come to an agreement here in which you can operate your facility. Because I know these people we are talking of need a facility. They need a home just like I do or you do or they do. So let's provide them the best care and the best facility we can that is compatible with all people. It might be a little difficult, but I think we can do it. What is wrong with that. Mr. Agard: I have no problem with the basic idea that you have presented. I am in the business of caring for these people, and I want to, will and have over a period of years given the best care that I possibly could. I have been care - oriented and concerned about my clients. I go to lengths that most facilities do not go. If you would like to call State licensing, if you would like to call the various counties, San Bernardino, Riverside County, talk to the mental health providers, they will tell you that my facilities have been and are one of the better facilities. I have one of the best reputations with Riverside and San Bernardino counties, so I am told. And I am not reaching up trying to pat myself on the back. This is what people tell me. Page 16 r� i Beaumont City Council ne 29, 1993 That can be sort of verified by this statement. One, the license was given by the State to me in sixty -nine days. If you go into licensing as a first time person going into this business, or with many years, anybody goes into licensing, they will tell you that the required time to get a license is ninety days. That is the minimum. I was able to get this license in sixty -nine days. That ought to speak for something. Also. . . Mayor Leja: Was that in the sixties or recently. Mr. Agard: The license on Beaumont Manor. There is quite an extensive process that you have to go through to get a license. It is not just going in and signing your name and, you know, on a small application, and give it back to the clerk and pay $147.00 and they give you a license. The packet that I submitted for licensing was probably as big as Mrs. White's packet sitting in front of her. Because I had to provide a whole lot of documentation. Then they come out and do a pre - inspection and they do a post- inspection. So it is a lengthy process. The other thing that will verify that is that on December 1 I received the first placement. I went through the month of December up until about the 2nd or 3rd of January with three people. That is all I had. December is a dead month. Everybody is gone on vacation, Christmas, etc. Between January and to date I have got 41 clients. The County is not going to place those clients with me just because they don't have any place to go. There are other facilities besides me. And if they had a problem with my facility, with my reputation or my operation, they would not have put that many people in my facility in that short period of time. Mayor Leja: Can I ask a question. Are there any requirements or unwritten rules that urge the Social Services or the Welfare Department to place the patients as close to home as possible, to whatever facility is available in that area. Is that preferred usually. Mr. Agard: Preferred, and maybe sometime not very good, because being close to the family may be detrimental to the client, depending on what kind of a relationship the client has with the family. Mayor Leja: But most cases that is preferred. Mr. Agard: In most cases I would say that is preferred. Mayor Leja: Are you the only facility with your particular type of clientele in this area. Mr. Agard: No, there is the Lura Villa which is up on Ramsey, and they are full. There is also an extreme need for these types of facilities. I want to get back to Mr. McLaughlin's question again. I am in agreement with that. As you look in my proposal of things that we could do, I have also proposed things that could be done in cooperation with the City and with the neighbors. I have no problem with dealing with anybody in relationships to mental health, and to the emotional problems with my clients or my clients. This is one business that I love and I love talking about it, so don't get me started. Mayor Leja: Thank you. Are there any other questions of Mr. Agard. Thank you very much. Okay, at this time we will close the public hearing. The public hearing was closed at 7:30 p.m. The meeting was recessed at 7:30 p.m., reconvening at 7:50 p.m. After reconvening, the Mayor asked for any questions or Page 17 Beaumont City Council ,.ine 29, 1993 discussion concerning the matter before the Council. Council Member Brey asked the City Attorney if the State differentiates between the type of people who are in the facility now, as opposed to the type of people who previously occupied the facility. The City Attorney responded that not only does the State do so, but the City recognizes the difference as well, adding that the applicant confuses the type of use by limiting it to a title that is only partly explanatory, as residential care facility is not the complete descriptive term for the use that is taking place - especially when compared with the previous use that was authorized by the County. So the use has changed, both legally and factually. Council Member Brey then asked for clarification that there are two distinct uses, with the City Attorney replying the clientele served is a different type of clientele. He then pointed out that is what they are considering here - does this type of clientele pose a challenge to public health, safety and welfare as opposed to another type of clientele. Mayor Leja added that they should also make clear that what they are considering is what is in front of them - they cannot consider what has been the history, or what has led up to this. They have to treat this as if this is the initial consideration which has been forwarded on to them by the Planning Commission. She reiterated they cannot allow information from the history of the facility, but must treat what is in front of them for what it truly is - which is a land use decision condition and not a judgment on the history of this particular care facility. The City Attorney stated he was not sure which history she is addressing, because if they are talking about the previous usage it is of concern and relevance to the Council as the decision makers. Mayor Leja clarified she is talking about what the staff said and didn't say. The City Attorney then continued that obviously there is some dispute about what was actually said, and he wanted to clarify one important point - and that is what staff has told this gentlemen, even if it were true, is not something the City is responsible for. He went on that, in fact, everyone, as citizens in this country, state, county and city are obligated to, and are deemed to know, what the law is and are obligated to do their own research. Relying on casual counter conversation is poor business judgment, and that is not due diligence. He emphasized that due diligence in this case demands research of the codes, and not reliance on casual counter talk. Mr. Aklufi added that in reading the materials provided by the applicant he also noted too that it is not clear that Mr. Hall even knew precisely what the use was. It was more in the nature of addressing the structure, and not a discussion of the fine points or whether it was adult or otherwise. In his opinion, he didn't think the Council should be concerned about what the applicant says he said - through Mr. Hall - or what Mr. Hall says he said - or what they meant. The fact of the matter is what Mr. Hall said or didn't say is of no import in their decision making. The Council is not bound by what he said or didn't say. Mayor Leja again emphasized it is strictly what is in front of the Council tonight, which is the conditional use permit. Page 18 Beaumont City Council I.ine 29, 1993 Council Member Russo asked for further clarification that for the year 1992 -93, the City of Beaumont issued a business license that says "board and care facility" under the name Mountain Peaks Residential Care Center at this address, and staff is saying that because this perhaps was done incorrectly, the Council should not even consider it. The City Attorney responded that the business license has nothing to do with the Council's decision tonight either, as it is simply a license to do business. It has nothing to do with land use or the land use permit that would be required to operate this business in this zone. Mr. Russo countered that it certainly has a lot to do with the moral obligation of at least himself as a City Council Member, to a person who owns property and is doing business within the City. Whether the City made a mistake or not - when a person comes into the City and states they want a license, and representatives of the City issue one, he would think - morally, as they sit to determine whether or not they are going to allow him to continue business in the facility - if they say that use is incompatible at this time, the man is out of business. Mr. Aklufi answered this question by pointing out that when the City adopted the ordinance authorizing the issuance of business licenses, it did not give the employees of the City the additional ability to approve land use applications. The business license approval is very limited approval, and the City Council has not authorized anyone else in the City to treat the business license ordinance as if it also constitutes approval of a land use project, and unless the Council chooses to change that intent - which is both implied and expressed - tonight, the fact of the matter is the issuance of a business license does not convey any more than what it says. It does not constitute a land use, even though it may be perceived. Mr. Aklufi continued that he is bothered by the fact that this perception is excusable when the fact of the matter is - is it is not - it does not constitute the limit of his requirement to do his due diligence before he closes escrow. When you buy an expensive business or property, you are certainly going to want to be careful, before you allow that escrow close, about what rules and regulations apply, as there is no authority for the proposition that casual discussion at a counter constitutes sufficient due diligence and therefore binds the City. Mr. Russo then stated that while it may seem on the surface that the City issued a business license to do business there as a board and care facility, it doesn't necessarily mean that when it has been determined that the land use is incompatible, that the license takes precedence over the land use issues, with the City Attorney confirming this is correct reemphasizing the license has nothing to do with the application before them tonight. Mayor Leja called attention to the fact that immediately after Ms. Keller became City Manager, a policy was put into place so all business licenses are routed through the City Manager's office, and to every department in the City so that proper comments can be made and all information is known, and those have to be signed off before a business license is issued. She said this is totally separate from the issue being discussed, but she wanted them to know there is a different policy in place at this time. Council Member Russo asked if the City Attorney has reviewed the findings in the staff report, with the City Attorney acknowledging he had, and that he also has some additional findings if the Council desired to hear them. Page 19 e Beaumont City Council ,bine 29, 1993 Council Member Russo then asked if he agreed with all the findings listed in the staff report, with the City Attorney stating he does. The City Attorney then stated that if the Council chooses to uphold the decision of the Planning Commission and deny the application, he would encourage the Council to not only adopt Findings No. 1 through 9 inclusive of the staff report, but also include within that findings that are set forth at length beforehand on Pages 1 through 3 of the staff report; and also find that the requirement for the Public Use Permit has been satisfied that the permit must be obtained in this case because: 10. The use of the property has changed. 11. That the prior actual use of the property has lapsed, and for those two reasons the permit is required. 12. That the permit itself is not one that is required to be issued. 13. That it is within the Council's discretion, and is not a matter of right. 14. That the applicant has not met the burden of proof imposed upon him as required by ordinance that the use is not detrimental to the public. 15. That it is based largely on argument and not evidence. 16. That the evidence shows that the use to date has been detrimental to public health, safety and general welfare. 17. That the use will continue to be detrimental. 18. That the evidence shows that the extraordinary history and controversy of this particular facility underscores the lack of compatibility. 19. There is a serious question whether the City can control such a project, even if the permit were issued with what may appear to be appropriate controls, largely because the State regulates this use, and even that regulation is marginal. 20. That the adequacy of internal operations is beyond the City's control. 21. That the applicant has not been responsive to requests by the City in the absence of threats. 22. That information obtained from the City either by or through Mr. Hall doesn't obligate the City in any fashion whatsoever. 23. That the issuance of a business license and Mr. Hall's purported comments that the facility has been there for years does not constitute a basis for claiming any vested rights in this permit or in conducting a business at that location. 24. This is not a question of discrimination or a issue of discrimination, it is simply a case of proper location. 25. They are not discriminating. It is not the individuals that live there, it is the type of operation in a residential highly well - developed, well - established residential location. There being no further discussion, Mayor Leja asked for Page 20 l Beaumont City Council � --ne 29, 1993 consideration of granting or denying the appeal. a. Consider Granting or Denying the Appeal. Motion by Council Member Brey, second by Council Member McLaughlin, to deny the appeal based on the findings in the staff report as well as the additional findings just stated by the City Attorney. AYES: Council Member Brey, McLaughlin and Mayor Leja. NOES: Council Member Russo. ABSTAIN: Council Member Parrott. ABSENT: None. MOTION CARRIED. END PUBLIC HEARINGS. Consider Approval of Proposed Measure A Local Fund Program for FY 1993 -98. The staff report was received from the City Manager, a copy of which is a matter of record in the Clerk's file. The recommendation was for approval of the proposed Measure A Local Fund Program for FY 1993 -98. There were no 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 -98, and authorize transmission of same to Riverside County Transportation Commission prior to June 30, 1993. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 6. Status Report on Residential and Commercial Rehabilitation Programs Available to the City of Beaumont. Planning consultant Egger summarized his report for the Council. A copy of the full report is a matter of record in the Clerk's file. Motion by Council Member McLaughlin, second by Council Member Brey, to support staff and direct they continue in the direction they have been working. Following the motion, Mayor Leja wanted to know how soon they could expect to see some things happening, with Mr. Egger saying presently there is one residence which is under rehabilitation through the County loan program, and that should be starting the improvement phase very shortly. A letter will accompany the sewer bills within the next month to include a copy of the County's brochure and notify all the households in the City in that manner. They are also in the process of scheduling the EDA staff to come out and talk to senior groups, the chamber of commerce, the board of realtors and other groups as soon as it is possible. Mayor Leja then wanted to know what role the City's planning office would take insofar as working with the residents and the businesses. Mr. Egger advised they would essentially be an informational conduit with a display being made available in City Hall which will have the brochures and informational materials. Kent Hall, while pursuing his code enforcement duties, when he spots code Page 21 4 Beaumont City Council ine 29, 1993 violations - he will be carrying brochures with him and will hand those brochures to residents that have code violations to correct so they can utilize those programs to take care of those issues. Mayor Leja then asked how many years it has been since the City has taken advantage of these programs, with Mr. Egger responding that he didn't know exactly, but for the last two or three years there has been no concerted effort to make people aware of this program. Vote taken on motion: There being no opposition, the motion carried 5 -0. Planning Commission Report and Recommendations Regarding City of Beaumont Sign Code. Mr. Egger again presented his staff report, a copy of which is a matter of record in the Clerk's file. His recommendation was that an ad hoc committee be established to analyze the sign ordinance and recommend improvements; determine an appropriate number of individuals to serve on the committee; provide specific direction to the committee, including a time frame for action, maximum number of meetings, etc.; and direct the committee to provide specific recommendations to the Planning Commission, and for the Planning Commission to formulate a draft ordinance for ultimate presentation to the City Council. Mayor Leja reported she has a list of names which were submitted to her by the Chairman of the Planning Commission, and if all Council Members agree she would like to appoint the following ad hoc committee: Ken Walling, Monty Brown, Frank Prouty, Mike Moreno, Emeline Schuelke, Lyle Millage and Bill Jenkins. By a consensus of the Council, with no opposition, the staff recommendations were accepted, with the suggested appointments made to the Sign Committee. Direction was given to notify the committee members, and to bring a report back to the Planning Commission within two months. 8. Consider Approval of Plans and Specifications for Rough Grading the Wastewater Treatment Plant Site and Authorization to Advertise for Bids. Mr. David Dillon, Planning report, a copy of which is file. His recommendation specifications and authorize bids, to be received by 10:00 bids would be opened. Consultant, presented the staff a matter of record in the Clerk's was to approve the plans and the City Clerk to advertise for a.m. on July 22, at which time the Responding to a question from Council Member Brey, Mr. Dillon advised they have not prepared a detailed cost estimate yet, but will be doing that within the next week. There were no other questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to approve the Rough Grading and Erosion Control Plans and Specifications for the City Wastewater Treatment Plant and authorize the City Clerk to advertise for bids to be received in the office of the City Manager up to the hour of 10:00 a.m. on Thursday, July 22, 1993. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 4 Page 22 .9 eaumont City Council _une 29, 1993 9. RESOLUTION NO. 1993 -13 - Establishing Community Facilities District No. 93 -1 (CFD 93 -1), Creating Separate Improvement Areas Therein, providing for a Special Tax Within Each Improvement Area to Pay for Certain Public Facilities and Services and Calling a Special Election Within Each Improvement Area to Submit to the Qualified Electors of Each Improvement Area the Question of Levying Such Special Tax and Establishing an Appropriations Limit for the Community Facilities District, Designating the City Clerk of the City as the Election Official and Amending Section 13 of Resolution No. 1993 -06. Continued from June 14, 1993). David Dillon, Planning Consultant, presented the staff report, a copy of which is a matter of record in the Clerk's file. Additionally, he advised the Council that this' item was previously continued to allow time for the County of Riverside to approve the Joint Financing Agreement with the City, however, the County has not yet taken formal action as of this date. He went on to advise that the City is in a position at this time to construct and maintain the Marshall Creek channel, which would be the only County facility constructed with the Bond Series A proceeds, and it is anticipated the County Joint Financing Agreement would be approved prior to the sale of bonds in late September. His recommendation was to adopt Resolutions No. 1993 -13 and 1993 -14, based on the findings and conclusions in the staff report. There were no comments or questions from the Council. Motion by Council Member Russo, second by Council Member Parrott, to adopt Resolution No. 1993 -13. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 10. RESOLUTION NO. 1993 -14 - Declaring the Necessity to Incur Bonded Indebtedness with Respect to Improvement Areas to / Pay for Certain Public Facilities Within Community Facilities District No. 93 -1, Calling Special Elections Within Each Such Improvement Area to Submit to the Qualified Electors of Such Improvement Areas the Proposition of Incurring Such Bonded Indebtedness and Designating the City Clerk of the City as the Election Official. Continued from June 14, 1993 . Mr. Dillon stated this is a companion item to the previous agenda item, and he would also recommend adoption of Resolution No. 1993 -14 based on the findings and conclusions contained in the staff report. There were no comments or questions from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1993 -14. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Page 23 e 11. RESOLUTION No. 1993 -34 - Fiscal Year 1992 -93. Beaumont City Council ine 29, 1993 Amending the Operating Budget for f n The staff report was presented by the City Manager, a copy of which is a matter of record in the Clerk's file. The purpose of the budget amendment is to balance revenues and expenditures; add the transfers from other funds shown in Summary No. Two as revenues to the General Fund; and adjust budgeted departmental expenditures where necessary. Her recommendation was for adoption of Resolution No. 1993- 34. There were no questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott to adopt Resolution No. 1993 -34. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 12. RESOLUTION NO. 1993 -35 - Approving a Certain Cooperation Agreement By and Between the Beaumont Redevelopment Agency and / the City of Beaumont, California. The City Manager presented the staff report, a copy of which is a matter of record in the Clerk's file. The recommendation was for adoption of Resolution No. 1993 -35. There were no comments or questions from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1993 -35. AYES: Council Member Brey, Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 13. Reports and Appointments. McLaughlin, Parrott, Russo and The City Manager recommended the Council set the date of Tuesday, July 6, 1993, at 6:00 p.m., for a special budget meeting, at which time she will bring a tentative operating budget for adoption in order to allow appropriations for 1993 -94 expenditures on a month by month basis until such time as the FY 1993 -94 budget is adopted. There were no other reports. 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. s a. Approval of City Council Minutes of Regular City Council Meeting of June 14, 1993. b. Acceptance of Planning Commission Minutes of Regular Meeting of May 18, 1993 and Special Meeting of June 1, 1993. C. Approval of Payment of Warrants and Payroll. Page 24 c ._ v Beaumont City Council ine 29, 1993 d. Request from Beaumont Cemetery District for Establishment of a No Parking Zone Along the Cemetery Frontage on Edgar Avenue. (Continued from June 14, 1993) . NOTE: The Cemetery District has withdrawn their request. Recommendation: Receive and File. b e. Report of Planning Commission Action at Regular Meeting of June 15, 1993. Motion by Council Member Parrott, 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. The meeting was recessed to a meeting of the Beaumont Redevelopment Agency at 8:32 p.m., prior to going into closed session, reconvening to regular session at 8:36 p.m. 15. Recess to Closed Session: a. Pursuant to Government Code Section 54957.6 to meet with its designated representative regarding labor relations matters. b. Pursuant to Government Code Section 54957 to consider public employee personnel matters. C. At the discretion of the City Council. The meeting was recessed to closed session at 8:37 p.m., reconvening to regular session at 9 :19 p.m. Date set for next regular Council Meeting Monday, July 12, 1993, 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 9 :19:30 p.m. Page 25 Respectfully submitted, Deputy City Clerk t BEAUMONT t1ITY CO'U-NCIL MINUTES OF SPECIAL MEETING OF JULY 6, 1993 The Beaumont City Council met in a special meeting at 6:04 p.m., on Tuesday, July 6, 1993, 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 Agenda. The Clerk's affidavit of posting the agenda was read into the record by the Deputy City Clerk. 2. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. 3. Review of Proposed 1993 -94 Budget. Review of the proposed 1993 -94 budget was opened with the City Manager presenting a brief summary of the status of the budget process, and the fact that she is presenting to them a proposed tentative operating budget which she is recommending be adopted, even if the regular budget were to be adopted in the next week or two weeks, so that appropriations will be in place against which to do payroll. She then explained that basically this is taking the 1992- 93 appropriation as amended at the last regular Council meeting and appropriating 1/12 for each of the funds in order to operate on a month by month basis until a regular budget is in place. Should this tentative budget stay in place for some time, she would bring back to the Council on a monthly basis a report of expenditures to date against the tentative budget. She then called attention to the new personnel resource summary which she had given to them tonight to be placed in their budget binder, stating they had highlighted all changes so the Council can see exactly what the changes are. Additionally a personnel change summary is also being given to them to clarify the issue of shifting positions from one fund to another, which in this case is only one position, the senior equipment mechanic in the Vehicle Maintenance /Transit Department. The only other changes proposed are the Animal Control Officer reclassified to Community Services Officer and budgeted half in the Police Department and half in Animal Control; A new clerk- typist position, funded half by sewer and half by transit; and an increase in part -time lifeguard positions from six to ten. She concluded her comments with the suggestion the Council may wish to go through the budget department by department so that she may highlight the changes being proposed, and giving the Council the opportunity to ask any questions they may have. The Council then proceeded to review the budget department by department. Page 1 �i i Beaumont City Council -ly 6, 1993 CITY COUNCIL: The City Manager advised that virtually no changes are proposed to this budget. Mayor Leja asked how much was used in Fund 4035 - Travel, Training and Meetings. The Administrative Services Director advised the amount of $2,511 had been used to date. Mayor Leja then asked how much had been spent in Community Promotion for 1992 -93, and was advised it is $1,344 to date. It was indicated that neither the fireworks or the Mayors' and Council Members' luncheon costs are included in this figure, so these expenses will probably bring it to the line item amount. CITY MANAGER: Dues and subscriptions has been increased due to the fact the City Manager is a member of the International City Manager's Association. Travel, training and meetings has been reduced from $2,000 to $1,000, as training expenses for all departments will be held to a bare minimum, and there virtually will be no travel. Contractual services has been reduced based on the City Manager's proposed expenditures to cover special auditing or something of that nature that may become necessary during the year. There were no questions from the Council. CITY CLERK: Dues and subscriptions have been reduced based on experience. At this time Council Member Russo asked if there is a summary of expenditures more current than April 29, 1993, with the City Manager saying they do have one that is more current, and copies can be made for the Council. The meeting was recessed at 6:15 p.m. to allow the Deputy City Clerk to copy the most current expenditure summary for the Council, reconvening at 6:36 p.m. Discussion continued relative to dues and subscriptions with the City Manager advising this account is used for League of California Cities annual dues and Western Riverside Council of Government Dues. In looking at the amount of the dues, the City Manager recommended the amount budgeted be increased to $4,500 from the $3,000 shown. The only other primary change in this budget is the projection of $9,450 for the election based on the estimate from the Registrar of Voter's office. CITY COUNCIL: Mayor Leja requested that discussion be returned to the City Council budget, asking for confirmation that only $2,500 had been used in 1992 -93. She then said if this is the case, can this budgeted amount be reduced. The City Manager said that would be open for discussion by the Council, as in preparing the budget she didn't want to take the liberty of reducing this amount. Mayor Leja said about the only thing they attend is the League of California Cities Annual Conference, which will be Page 2 ��i Beaumont City Council - 'ly 6, 1993 held in October in San Francisco this year. She then wanted to know if they could possibly adjust this figure when they know what the cost of the annual conference will be, with the City Manager confirming this could be done. Mayor L e j a requested that this be brought back at the appropriate time. ADMINISTRATIVE SERVICES: The City Manager called attention to the fact that the elected City Treasurer's salary is included in this budget, $75.00 per month for eight months. The primary change in this budget is an increase of $4,000 each for auditing services and for some temporary assistance from a temporary agency during the budgeting, auditing period of the fiscal year. At this point it was found the Council did not have all the information they needed relative to this department. Discussion was suspended until copies could be run, and discussion will then be continued later. CITY ATTORNEY: The City Attorney is offering to reduce his fees by 10% For this next fiscal year, as he very much wants to work with the City with the current budget problem, and is aware of the expenditures the City has experienced in the last couple of years in the City Attorney area. Contractual services are broken down into contractual services and contractual services for personnel. The reason for this is the City has the law firm of Mayer & Associates on retainer to work in the area of personnel, primarily in police department related matters, but are available to assist the City in any personnel issues. This department was over - expended this last year and this was addressed with a substantial amendment. The line item is being held at the same amount as last year, which may be over optimistic, but with the City Attorney lowering his rate, and working together to avoid excessive costs, the City Manager was confident these costs can be held to the budgeted amount. GENERAL GOVERNMENT: The utility line item has been increased by $2,400 primarily due to the transfer from the Senior Center. The reason for this being they were both in the General Fund and the City Manager wanted to isolate all of the utilities for City Hall into one department so they could be tracked better. Contractual services have been reduced significantly since expenditures to date are $4,500. The Administrative Services Director advised the costs charged to this line item are the copier contracts, the security system maintenance agreement, the post office box rental, topping of trees at City Hall. Special Department supplies have been reduced based on the expenditures. The Chamber of Commerce is based on 50% of the previous year's transient occupancy tax, so next fiscal year would be based on this year's receipts with an estimate of $24,300. 500 of that would be $12,150 rather than the $14,000 shown and that will be changed. The City Manager explained that she has the $100,000 resource management allocation in this budget, which is what she Page 3 ti Beaumont City Council .ly 6, 1993 referred to in her executive summary as the overall general fund resource management to save $100,000 in the General Fund. As budget amendments take place, departments may be amended where savings are occurring. Also shown is a transfer to undesignated reserves of $155,157 which is the amount which should be left over to transfer to undesignated reserves at the end of the year to increase the General Fund balance. Discussion was returned at this time to the Administrative Services budget. ADMINISTRATIVE SERVICES: Mayor Leja asked if there is a system to tell them how much employees have built up in sick leave in order to know if they are using excessive amounts of sick leave. The Administrative Services Director advised that on the check stub of the paycheck there is an hourly balance for all employees. The system is also designed that if sick leave is used up, and a person is ill, that time off will be taken from vacation time. In other words, if there is an excessive use of sick leave, the sick leave balance will be zero and it is then deducted from the vacation balance at that point in time. The supervisor receives a report each payroll period showing the hourly balances. The City Manager explained the reason sick leave is shown with a minus is there is no budget, which really means that instead of the employee being paid dollars it is coming from sick leave. There were no other questions concerning Administrative Services. BUILDING INSPECTION: Contractual services has been reduced to $2,000 based on expenditures. It was pointed out that costs in this department will ebb and flow as development ebbs and flows, and the costs will be covered by fees. PUBLIC SAFETY: POLICE DEPARTMENT: Animal control has been broken out into a separate unit, so it will be difficult to compare the total police department budget as proposed this year to last year, unless the two budgets are added together. The budget for the police department is about $20,000 less than budgeted this past fiscal year. One of the reasons for this is there is a vacant position - Community Services Officer - which is authorized but not funded. One -half of a Community Services Officer has been added in, which will be the Animal Control Officer proposed to be reclassified as Community Services Officer. Under capital expenditures a lease - purchase of new radio equipment has been proposed. Chief Smith explained the basic need for the new radio equipment is the fact that another agency shares the police department's frequency, and they have more signal strength which drowns out the police department transmissions, and the officers are having difficulty communicating with other Page 4 i Beaumont City Council °ly 6, 1993 units. The amount budgeted will update all the mobile radios, with one mobile radio being issued to each person. In addition they will have a repeater system installed on Mt. David which will make it possible for those on portable radios to talk with others on portable radios. The Council agreed proper radio equipment was essential for the safety of the officers, and asked how soon these radios could be obtained. Chief Smith said he didn't know about the bid process in the City, but the provider they have been talking to has provided equipment in the past and has had equipment to them in ten days. Discussion continued concerning the type and number of radios to be replaced, the maintenance contracts involved, and other general information relative to this purchase. Mayor Leja wanted to know if the City should involve citizen volunteer patrols, would they have radios as well, with the Chief indicating some of the used radios could be used for this purpose. Mayor Leja asked if they wanted to authorize this purchase immediately, would it have to be brought back to the Council at another meeting, with the City Manager stating that if they adopt the tentative operating budget tonight, they could just add this purchase. ANIMAL CONTROL: Mayor Leja said at one point in time there was discussion of all the cities going into a contractual arrangement for animal control, and the comment was made that the City of Beaumont had dropped the ball on it, and to her knowledge there was never a presentation to the City Council about coordinating all the animal control services. She then requested a report back to the Council concerning exactly what happened with this proposal, as it was her understanding that according to the numbers the City would be getting less service for the same amount of money or more. The City Manager said a report previously prepared by the Chief of Police could be provided to them. COMMUNITY DEVELOPMENT: The major line item changes are in contractual services. Primarily, what has been budgeted under contractual services - 4060 is for the Urban Logic Consultant contract, which is $10,000 a month, or a total of $120,000 for the year. $90,000 has actually been budgeted since it has been estimated that $30,000 will come from either redevelopment or from community facilities district charges. Contractual Services - Development is to pay for specific contracts with Urban Logic Consultants which have been approved by the Council dealing with specific developments - Mission Viejo, Heartland and Lockheed. This is another department that will ebb and flow with development, and needs to be watched very closely to insure that development is occurring to meet the expenditures. Mayor Leja stated that given the economic situation and how development comes and goes, and responding to comments in the papers, she would like clarified whether or not the City would be better off to have in -house staff at this point. The City Manager responded that she didn't think so. There Page 5 Beaumont Ci ty Counci l 1.y 6, 1993 were comments in the paper that the City is now spending more than when it had in -house staff, and she has researched what was being spent for in -house staff and it was close to $150,000 a year versus the $90,000 in the General Fund at this point. This is a substantial savings. The other fact is that until there is a certain amount of stability with funding and the City can see where they are going for two or three years in a row, it is her opinion it is very unfair to bring staff on board. At the present time, not only is the City saving money, but it is more flexible for the City since they can eliminate the service with a brief notice period if it appears they need to, and there is not the trauma of going through a lay -off process. Council Member McLaughlin pointed out the City does not have to pay the peres either. The contract people pay their own, where with in -house staff you have to pay all the extras. FIRE DEPARTMENT: A substantial amount of information has been provided to the Council regarding the phased in cost increases over a four year period. Also included are several fire hydrant repairs which are needed. Council Member McLaughlin wanted to know who made the determination that repairs are needed, with the City Manager indicating the Fire Department identifies the hydrants. Mr. McLaughlin then wanted to know how they make that determination, by testing them or what. It was determined that a number of questions need to be asked of Fire Department personnel when their contract renewal is considered at the next meeting, including the fire hydrant repair, how much other cities are paying for fire services and how personnel costs are arrived at. PUBLIC WORKS: The most significant change in this department is contractual services with an increase proposed based on expenditures. It was not clear why the increase was needed, and the City Manager is to check and report back to the Council. STREET MAINTENANCE: Gas tax monies are being transferred to help fund this operation, with the remaining $25,000 coming from the general fund. Mayor Leja asked if the City was going to get any FEMA funding for the damages created by the rains earlier this year, with the City Manager advising we have already received approximately $52,000 in FEMA reimbursement for repairs completed. Mayor Leja wanted to know about the fence that is falling down on Maple, and if that was the result of the flooding that occurred on this street. The City Manager indicated she would find out from the Public Works Supervisor. Council Member Russo asked why vehicle maintenance, fuel and oil was not budgeted in this department so that it could partially be paid for by gas tax monies. The City Manager said it appeared they were all budgeted in the public works unit, and this should certainly be checked. Also, she needs to find out if more than $100,000 in gas tax Page 6 5� 4 Beaumont City Council !ly 6, 1993 can be used in the General Fund. STREET LIGHTING: This is not a General Fund operation, but is funded through a street lighting fund created by a street light maintenance district. Mayor Leja wanted to know if there were any areas in the City without sufficient street lights, with Chief Smith indicating they would have to research that and bring a report back to the Council. She then wanted to know if money could be taken out of the street lighting fund for additional lights, or would they have to apply through CDBG funding. The City Manager indicated it would have to be through CDBG or other funding, as the funds through the street lighting fund are for maintenance. Mayor Leja also asked that it be determined why many of the street lights are so dim, particularly in the commercial areas such as on 6th Street. SANITATION: Council Member Russo said he would like to know why the City of Beaumont has to pay so much when the same company just cut a deal with Banning for a much lower rate. Mr. Russo added that he planned to bring the numbers to the next Finance Committee meeting so a report could be prepared for the Council. VEHICLE MAINTENANCE: The City Manager again pointed out this is the one department where personnel was shifted out of the General Fund into Transit since a portion of that time goes toward maintaining transit vehicles. Basically, the budget is remaining the same as this past year. Mr. Russo questioned the personnel cost figures, with the Administrative Services Director indicating he would have to do some research in order to answer this question. John Swoda clarified that when the original budget figure was submitted last year it included the full staff on board at that time, but with the lay offs these personnel costs were reduced. Mr. Russo said the figures were still not adding up for the projected costs for this year. The City Manager said she didn't have the answer at this time, but it appeared to her that something is not getting charged to the vehicle maintenance budget in terms of payroll expenditures. John Swoda added an additional explanation which indicated the charging of payroll is occurring depending on what departmental vehicles are being worked on - transit - sewer - general government. Mr. Russo said work orders should be utilized to show the services charged to specific departments so there is a paper trail on hours and parts. John Swoda said they have work orders, but it is difficult to keep it accurate because they may be going from one vehicle to another - basically working simultaneously on several vehicles. There was further discussion concerning the fact the system needs to be reviewed and refined. Page 7 Beaumont City Council ily 6, 1993 PARKS AND RECREATION: The City Manager said this has been treated as a public works operation in the past, but she has taken the liberty of making it separate. PARKS: She pointed out that under capital expenditures for last year they will see a $29,175 equipment expenditure, which is CDBG funding for specific projects. This is not being shown in this current budget because she does not feel CDBG funding should be shown in a General Fund budget, but as separate funding, and when they do the multi -year capital program it will show up there. POOL: The number of authorized lifeguards has been increased from six to ten, and to attract quality personnel the hourly rate has been increased from $4.50 to $5.50 for lifeguards, with the senior lifeguard increased to $6.50 and the Manager being paid $8.00 an hour rather than $7.50. Approximately 50% of the funding is being subsidized from the General Fund. Mayor Leja said the lifeguard stands need to be replaced, with at least three stands provided. and new diving boards with a new stand for the existing diving board. She then mentioned they might want to investigate getting a cover for the pool to keep it clean eliminating the need for the acid baths. The Administrative Services Director indicated the major expense in keeping the system going all year would be the increase in the utility cost to keep the motor and pump going in the off season. Mayor Leja said she would like to see some cost comparisons to see if this is feasible. SENIOR CENTER: This budget is remaining basically the same as last year, with the exception of transferring the utility costs into general government. TRANSIT: The personnel change of 30% of the senior equipment mechanic, as previously discussed, is shown in this budget. The service levels are remaining the same. There are some capital items being carried forward from 1992 -93, as well as some additional being requested. Council Member Brey asked if the radios from the police department could be sold to transit, pointing out there is an amount of $6,000 budgeted for four radios, with the Chief of Police saying there would be some available that could possibly be utilized for this purpose. The City Manager indicated they would look into this possibility. SEWER SERVICE: The City Manager said a budget amendment will be brought back to the Council about mid -year since they do not have the revenues from the rate increases which will go into effect in January of 1994, nor do they have the debt service amount Page 8 IS Beaumont City Council my 6, 1993 which needs to go in mid -year for the sewer revenue bonds. Also, some operating costs may be changed as well due to some requirements they will soon learn about from the Water Quality Regional Board dealing with stormwater run off. That hearing will be held in September. What is being presented at this time is a similar service level budget as the preceding year. Mayor Leja asked when they could expect to see the capital improvement budget for this department, with the City Manager replying it will be included in the multi -year plan which should be brought to them in about 90 days. 4. Action on Budget Related Items. No action was taken on budget related items. 5. RESOLUTION NO. 1993 -36 - Adopting a Tentative Operating Budget for Fiscal Year 1993 -94. Motion by Council Member Parrott, second by Council Member Russo, to adopt Resolution No. 1993 -36, with authorization to lease- purchase the Police Department radio equipment added. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 6. Recess to Closed Session at Discretion of the Council. There was no need for a closed session. There being no further business to come before the Council, the meeting was adjourned at 8:14 p.m. Resp ully submitted, Page 9 . Lam/ I y Clerk BEAUMONT CITY COUNCIL MINUTES OF JULY 12, 1993 The Beaumont City Council met in a on Monday, July 12, 1993, in the Ci Leja presiding. On roll call the following Council McLaughlin, Parrott, Russo and Mayor The invocation was given by Council Pledge of Allegiance to the Flag. regular meeting at 6:04 p.m., ty Council Chambers, with Mayor Members were present: Brey, Leja. Member Russo, who then led the 1. Clerk's Affidavit of Posting the Agenda. Motion by Council Member Russo, second by Council Member McLaughlin, to dispense with the reading of the affidavit of posting. Motion carried 5 -0. 2. Adjustments to Agenda. The City Manager requested that Agenda Item No. 5 b removed from the agenda to allow additional time for review by the City Attorney and staff. She also requested that three items be added to the agenda, which became known after the agenda was posted. These agenda items are resolutions to authorize signatures for City investment and bank accounts. Motion by Council Member McLaughlin, second by Council Member Parrott, to add these three resolutions to the agenda as Item Nos. 13, 14 and 15. Motion carried 5 -0. There were no other adjustments to the agenda. 3. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. 13. OUT OF SEQUENCE. RESOLUTION NO. 1993 -31 - Authorizing Certain City Officials to Order the Deposit or Withdrawal of Monies in the Local Agency Investment Fund. `� The City Manager advised this resolution authorizes the appointed City Treasurer, Donald Keesling, and herself as City Manager to deposit or withdraw from the Local Agency Investment Fund. There were no questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1993 -31. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Page 1 Beaumont City Council ,jly 12, 1993 14. OUT OF SEQUENCE. RESOLUTION NO. 1993 -37 - Providing the Method of Drawing Warrants on Checks on the City Treasury. The City Manager again explained this resolution will update the authorized signatures on the City's main bank account, those signatures being all members of the City Council and herself as the City Manager. There were no questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1993 -37. There being no opposition, the motion carried 5 -0. 15. OUT OF SEQUENCE. RESOLUTION NO. 1993 -38 - Providing the Method of Drawing Warrants or Checks on Accounts of Assessment District 1983 -1. The City Manager said this resolution is identical to Resolution No. 1993 -37, providing authorized signatures for the second account at North County Bank for Assessment District 1983 -1. There were no questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1993 -38. There being no opposition, the motion carried 5 -0. 4.J Request from the Pass Area R/C Modelers to Renew Lease of City Property. The staff report was presented by David Dillon, Planning Consultant, a copy of which is a matter of record in the Clerk's file. The recommendation was to approve the Addendum to the Lease Agreement retroactive to 12:01 a.m. on June 30, 1993, amend Exhibit "A" to relocate the lease site since the existing site is in an area proposed for the construction of the Stage I WWTP expansion, and authorize the Mayor to execute the Addendum. Council Member Parrott asked if any complaints had been received concerning this use of City property, with the answer being no complaints have been received. There were no other questions or comments from the Council. Motion by Council Member Parrott, second by Council Member McLaughlin to approve the Addendum to the Lease Agreement between the City of Beaumont and the Pass Area R.C. Modelers (PAM), retroactive to 12:01 a.m. on June 30, 1993, approving the amendment of Exhibit "A ", relocation of the lease area, and authorize the Mayor to execute same. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 5. Consider Approving Subconsultant Agreement Between City of Beaumont and Lee & Ro Consulting Engineers, Inc. and Additional Services Agreements for Professional Engineering Services Water Reclamation Plant Expansion. This agenda item was removed under adjustments to the agenda. Page 2 i (do Beaumont City Council ily 12, 1993 (:6)RESOLUTION NO. 1993 -28 - Approving a Freeway Agreement with the State Department of Transportation Regarding Approval of Development Along State Highway 60. The staff report was received from David Dillon, a copy of which is a matter of record in the Clerk's file. In his report Mr. Dillon advised the Council this scope of work is required before significant development can occur in the Highway 60 corridor, and before improvements can be made to the segment of State Highway 60 in the City and City Sphere of Influence, with this MOU with CalTrans being the first step in the process. His recommendation was for adoption of Resolution No. 1993 -28. Council Member Russo stated for clarification that it is understood the entire project will be funded through the Community Facilities District with no funds used from the General Fund, with Mr. Dillon confirming this is correct. Mr. Russo further clarified for the record that citizens living within other areas of the City would not be paying for this particular development, with Mr. Dillon again confirming this was absolutely correct, stating further that the funding for this will be paid through CFD Improvement Area No. 4 (Rolling Hills) and Improvement Area No. 5 (Heartland), with no existing residents located within those two areas. There were no other questions from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1993 -28. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. ( 7.; RESOLUTION 1993 -29 - Requesting That A Service Authority for Abandoned Vehicle Abatement Be Established In Riverside County. David Dillon presented the staff report, a copy of which is a matter of record in the Clerk's file. In summary his report informs the Council that pursuant to AB 4114, the City has the opportunity to participate in a county -wide service authority for abandoned vehicle abatement, which will provide an additional funding source to the City to offset the costs of abating abandoned vehicles. His recommendation was to adopt Resolution No. 1993 -29 and authorize the Mayor to execute the Service Authority Agreement. Council Member Russo wanted to know if the City has prepared a plan which has to be submitted to the CHP by August 30. Mr. Dillon replied that the County has to prepare a combined plan which has to go to the CHP, however, the City also has to have an ordinance in place that conforms to CHP guidelines, and it is his understanding that Ordinance No. 718, recently adopted by the Council, and relating to abandoned vehicles, does conform to the CHP guidelines. As a result the City is in conformance with that requirement as well as the other requirements. Mr. Russo then asked if the City joins with this group, what happens then, with Mr. Dillon responding this will provide a funding source to offset the costs of abatement of abandoned vehicles. He continued that the procedures to abate those vehicles will remain as they are now in that a lot of them are complaint- driven - when a complaint is received it is investigated and appropriate action taken. Currently the police department routinely abates vehicles that are in the Page 3 !(J 5 Beaumont City Council ly 12, 1993 public right -of -way, and he has talked to the Police Department and the Building Inspector about streamlining the procedures so that both programs are administered in a compatible way and do not have a duplication of effort. There were no other questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member Russo, to adopt Resolution No. 1993 -29, approve the Service Authority Agreement and authorization for the Mayor to execute same. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. RESOLUTION NO. 1993 -30 - Agreeing to the Alternative Method of Tax Distribution of Tax Levies and Collections and of Tax Sale Proceeds Under Revenue and Taxation Code Section 4701, et seq. The City Manager presented the staff report, a copy of which is a matter of record in the Clerk's file and available for review upon request. The recommendation was for adoption of Resolution No. 1993 -29 and direction to staff to evaluate the alternative tax distribution method and bring back a report and recommendation to the City Council within ninety days. Council Member Brey asked for clarification of the 5% retained by the County for a loss reserve, wanting to know if that would be withheld every year. The City Manager advised this would only be withheld for the first distribution, with the full amount being distributed to the City in the following years. Mayor Leja wanted to know what the City's delinquency figure is, with the City Manager advising she needs to do more research in order to provide them with an accurate figure. It does appear to her that the last few years it has been approximately $25,000 per year. Properties are sold at tax sales if the taxes are not paid within a five year period, so it could be assumed there could easily be five years of approximately $25,000 per year, or $125,000. If it looks as if this alternative method of distribution does become a reality she will ascertain this information, as well as continually evaluate it and what the County is doing over the next sixty days. The City Attorney expressed his concern that once you are in you can't get out - in other words once this process starts it can't be stopped and he is concerned about future commitment. He then suggested the Council adopt the resolution for a limited period of time and then bring it back to the Council for renewal if it is a good idea. His main concern was committing to it and then finding out it is not a good idea. He pointed out it is a law that has been on the books since 1949, and the only County he is aware of who has followed this plan is Santa Clara County. Since it is not widely used it appears to him to be an attempt by the County to develop another source of revenue for themselves, and this arouses suspicion about just what benefit there is to the City, and the fear that if it doesn't work the City won't be able to undo what has been done. He emphasized that his concerns are based mainly on the fact the law has been on the books for so long. If it such a great idea why did they wait forty years or so to take advantage of it. Page 4 r Beaumont City Council ly 12, 1993 Mayor Leja commented that the reason she wants to know how much the City receives in delinquencies and what the rate of return is (how much does the City receive each year from delinquent taxes and interest generated) is to see if the equation works out that the City would be better off to receive the money up front, or would they be better off in the plan they are participating in currently. The City Manager pointed out she felt the ninety day period would allow staff to do all of that analysis, and then a report will be brought back to the Council so the resolution could be rescinded if it appeared it did not weigh in the City's favor. She continued that she didn't know if there was a requirement that it be worded for it to continue year after year if it did stay in place. It appeared to her the Council could rescind this resolution and adopt a new one. The City Attorney said the resolution provides for a ninety day window, and he had apparently not seen that. Under those circumstances, some of his concerns have been addressed, but he would agree with the City Manager that it must be looked at very carefully since the problem is no one knows what they are talking about at the County level. The City Manager said there is a very good chance the County will not participate in this plan, since they admittedly know very little about it, and if that is the case the City would not be able to participate either, and the resolution would have no meaning and could be rescinded. Mayor Leja said the City should leave their options open, and during the ninety day period look more closely at the entire matter, as she is very curious to know what the financial picture is so far as the amounts she mentioned earlier, and how that equation works; and also to take into consideration Mr. Aklufi's concerns and suspicions of the County. Council Member McLaughlin asked the City Attorney if he was comfortable with the Council adopting this resolution tonight, with the City Attorney saying he thinks the City is protected with the ninety day window included in the resolution; however, should this resolution not be acceptable to the County, and they request more certainty so far as the City's commitment is concerned, the resolution would need to be modified if it is presented to the Council again. There were no further comments or questions from the Council or staff. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1993 -30 and direct staff to continue to evaluate the alternative tax distribution method, and to bring back a report and recommendation to the City Council within ninety days. Following the motion, Council Member Russo wanted to know if this matter would be brought back to the Council automatically before the ninety day period of time runs, with the City Manager calling attention to her recommendation which states "direct staff to continue to evaluate the alternative tax distribution method, and to bring back a report and recommendation to the City Council within ninety days ". Vote tak AYES: NOES: ABSTAIN: ABSENT: en on motion: Council Member Mayor Leja. None. None. None. Brey, McLaughlin, Parrott, Russo and Page 5 r l� Approving Fire Protection Agreement Authorizing Mayor to Execute Same. Beaumont City Council ly 12, 1993 for FY 1993 -94, and The staff report was received from the City Manager, a copy of which is a matter of record in the Clerk's file. The recommendation was for approval of the cooperative agreement. Chief Larry Benson, representing the Riverside County Fire Department, was present and answered a number of questions from members of the City Council. Motion by Council Member Russo, second by Council Member Brey, to approve the Fire Protection Agreement for Fiscal Year 1993- 94 and authorize the Mayor to execute same. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 10. Reports and Appointments. There were no reports or appointments. 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 Payment of Warrants and Payroll. 16 b. Receive and File Deutsch Development Agreement Annual Review. C. Approving Contract for Auditing Services with Deihl, Evans & Company for FY 1992 -93, and Authorizing City Manager to Execute Same. 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. The meeting was adjourned to a meeting of the Beaumont Redevelopment Agency at 6:46 p.m., reconvening at 6:59 p.m. 12. Recess to Closed Session at Discretion of Council. The meeting was recessed to a closed session pursuant to Government Code Section 54957 to consider public employee personnel matters at 7:00 p.m., reconvening to regular session at 7:34 p.m. Date set for next regular Council Meeting, Monday, July 26, 1993, 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;35 p.m. Re,U-Utfully submitted, V�- Z'11-4� puty City Clerk Page 6 J L BEAUMONT CITY COUNCIL MINUTES OF JULY 26, 1993 The Beaumont City Council met in a regular meeting at 6 :05 p.m., on Monday, July 26, 1993, 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 Agenda. Motion by Council Member McLaughlin, second by Council Member Brey, to dispense with the reading of the affidavit of posting. Motion carried 5 -0. 2. Adjustments to Agenda. There were no adjustments to the agenda. 3. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. PUBLIC HEARINGS: 4. NEGATIVE DECLARATION 93 -ND -9. Applicant: City of Beaumont. Location: South Side of Fourth Street, west of Minnesota Avenue. Project Description: Environmental Assessment for Stage I Expansion of Beaumont Wastewater Treatment Plant. The staff report was received from David Dillon, Planning Consultant, a copy of which is a matter of record in the Clerk's file. The recommendation was for adoption of Negative Declaration 93 -ND -9 based on the findings and conclusions contained in the previous EIR and the environmental assessment for the 1.4 MGD expansion, and authorization for staff to implement the Mitigation Monitoring program incorporated therein. The public hearing was opened at 6:09 p.m., and there being no one requesting to speak, the hearing was closed at 6:10 p.m. Council Member Parrott commented this appeared to be a very thorough negative declaration and the firm who prepared it should be congratulated. There were no other comments or questions from the Council. a. Consider Adoption of Negative Declaration 93 -ND -9 based on the finding that the project will not have a significant impact on the environment. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Negative Declaration 93 -ND -9 based on the finding the project will not have a significant impact on the environment. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. Page 1 aumont City Council July 26, 1993 NOES: None. ABSTAIN: None. ABSENT: None. 5. CHANGE OF ZONE 93 -RZ -2 and NEGATIVE DECLARATION 93 -ND -7. Applicant: Mark Hilbert. Location: Between Beaumont Avenue and Orange Avenue, 573 feet south of First Street. Project Description: A proposed zone change on 9.0 acres from R -A 112 (Residential - Agriculture) to C -HS (Commercial Highway Service). This C -HS zoning proposal is consistent with the General Plan Designation. The staff report was presented by Ernest Egger, Planning Consultant, with a recommendation from the Planning Commission to adopt Negative Declaration 93 -ND -7, and to adopt Ordinance No. 720 to rezone the subject property from R -A to C -HS making it consistent with the General plan designation. The public hearing was opened at 6:14 p.m., and there being no one requesting to speak, was closed at 6:14 :30 p.m. There were no questions or comments from the Council. a. Consider adoption of Negative Declaration 93 -ND -7 based on the finding that the proposed zone change will not have a significant impact on the environment. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Negative Declaration 93 -ND -7 based on the findings. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. b. ORDINANCE NO. 720 - First Reading - Rezoning Certain Property from R -A (Residential Agricultural Density) to C- PS (Commercial Highway Service). Applicant: Mark Hilbert. Location: Between Beaumont Avenue and Orange Avenue, 573 feet south of First Street (93- RZ -2). Motion to read Ordinance No. 720 by title only. Motion by Council Member Brey, second by Council Member Parrott, to read Ordinance No. 720 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 approve Ordinance No. 720 at its first reading. Motion by Council Member Brey, second by Council Member McLaughlin, to approve Ordinance No. 720 at its first reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Page 2 Beaumont City Council ly 26, 1993 6. RESOLUTION NO. 1993 -39 - Determining the Results of the Special Elections Held by the Qualified Electors of Improvement Area Nos. 1 through 7 and 9 through 12 of Community Facilities District No. 93 -1 on July 20, 1993. Mr. David Dillon submitted the staff report with a recommendation to adopt Resolution No. 1993 -39 certifying the official election results for CFD 93 -1. A copy of this staff report is a matter of record in the Clerk's file. A letter received from Mr. Jeff Lodder, of Hovchild, Inc., requesting clarification with regard to the limitation of bonded indebtedness, was made a part of the record. Mr. Dillon then clarified the status of the Deutsch property in that they are in the CFD, however, because they did not authorize a special election for their property, there is no tax lien on their property and no indebtedness is authorized. Mr. Dillon then emphasized that no sewage treatment capacity will be available for the Deutsch property in the treatment plant which is being envisioned without their participation in the CFD. Council Member Russo said it is his understanding that whether or not Deutsch participates, the City is moving forward, with Mr. Dillon agreeing this is correct. Council Member Russo then asked if it was perfectly clear to Deutsch that without being involved in the CFD there will be no commitment for sewage hookups in the event they develop their land in the future. Mr. Dillon responded that this has been communicated to them on several occasions, and he will be speaking with them further to make certain they are clear on that, because once the City gets far enough into the design of the Stage I treatment plant they can't come back and expand it again without losing time and without expending more money. So it is to their benefit - if they plan to develop and utilize Stage I capacity - that they participate and let the City know in the very near future. Council Member Russo asked how many sewage hookups the design of the plant would accommodate, with Mr. Dillon advising about 1,429. Mr. Russo then wanted to know if all of the developers participating in the CFD will have their fair share of the 1,429 hookups, with Mr. Dillon stating this is correct. He continued that staff went to all landowners and asked them how many sewer connection permits they would like to purchase, and they structured the bond program to accommodate their wishes in that regard. For further clarification, Mr. Russo continued that essentially the developers who are participating will use those hookups that would have been set aside for Deutsch, so there will be no hookups available between the developers and those set aside for the City to use until a second phase of the treatment plant has been financed, with Mr. Dillon again stating that is correct. Mr. Dillon then responded to a further question from Mr. Russo that it would take another two and a half million dollars to add the second phase. Council Member Russo went on that if there were no other developers to participate, they would have to come up with cash, with Mr. Dillon agreeing that is the case, or they could enter the CFD and incur bonded indebtedness and finance those facilities. However, the timing is of concern because the City wants to get this first program done before starting the next program. Page 3 Beaumont City Council ly 26, 1993 There were no other questions or comments from the Council. Motion by Council Member Parrott, second by Council Member McLaughlin, to adopt Resolution No. 1993 -39. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 7. ORDINANCE NO. 721 - First Reading - Authorizing the Levy of a Special Tax Within Community Facilities District No. 93 -1. Motion to read Ordinance No. 721 by title only. Motion by Council Member Brey, second by Council Member Parrott, to read Ordinance No. 721 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 clerk. There was no discussion, comments or questions from the Council. Motion to approve Ordinance No. 721 at its first reading. Motion by Council Member McLaughlin, second by Council Member Brey, to approve Ordinance No. 721 at its first reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. S. RESOLUTION NO. 1993 -40 - Authorizing the Filing of a Validation Action with Respect to the Validity of the Ordinance Authorizing the Levy of the Special Tax Within Certain Improvement Areas Within Community Facilities District No. 93-1, and all Proceedings Leading Up to the Adoption of Such Ordinance. David Dillon presented the staff report, a copy of which is a matter of record in the Clerk's file. The recommendation was for adoption of Resolution No. 1993 -40. There were no questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1993 -40. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 9. ORDINANCE NO. 722 - First Reading - Declaring a Need for an Industrial Development Authority and Declaring that Such Authority Shall Function. Motion to read Ordinance No. 722 by title only. Motion by Council Member Brey, second by Council Member McLaughlin, to read Ordinance No. 722 by title only. Page 4 `� AYES: Council Member Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Beaumont City Council '.y 26, 1993 Brey, McLaughlin, Parrott, Russo and A very detailed staff report was presented by Mr. Dillon, a copy of which is a matter of record in the Clerk's file, and available for review upon request. Included in this staff report was information concerning a preliminary application filed by Consulcorp, Inc., doing business as Green Life, Inc. to help finance their acquisition and development of approximately 92,800 square feet of existing vacant office and manufacturing facilities located on approximately 9.57 acres of land south of Interstate 10, known as the Yates building. Green Life proposes to utilize the site for the manufacture of a biotech product which replaces the use of chemical fertilizers, pesticides and herbicides on golf courses and lawns. This proposed project would create approximately 150 full time and 50 part time employees in the first year of operation, and 200 full time and 50 part time employees after the second year of operation. Based on what staff perceives as a significant need in the future to attract new business to this area and to create new jobs, and giving consideration to the findings and conclusions in the staff report, staff recommends adoption of Ordinance No. 722 and direction to staff to accept and process an application from Green Life to issue Industrial Development Bonds for acquisition and improvement of subject property. Mr. Lewis Zittell, President of Green Life, Inc., addressed the Council, advising they had been looking at this property and the area for over a year, and both the property and the area meet their criteria for their parent facility and type of employees needed to maintain the facility. He continued that they are a biotech company who have developed the technology to address soil rejuvenation, odor control, waste management and water purification without the use of chemicals. Their major markets are golf courses, lawn care, waste management and odor control. They have just been awarded a contract by the City of Los Angeles and have a need for this larger facility. Mayor Leja asked if they would have their sales office here as well, with Mr. Zittell advising their marketing office would center from this facility. Council Member McLaughlin said he would like to make one comment, and that is this is a non - polluting type product. He thinks this should be emphasized so all citizens will know this is the case. Mr. Zittell said they had occasion in New York to have their product tested, with the final conclusion being the technology and the product itself was safer than their drinking water, and it is one of the few products that has been able to be shipped from California into New York. Additionally, California Proposition 65 curtails the use of fungicides, herbicides, pesticides and chemical fertilizer, and they have the only technology to date on the planet earth that will operate chemically free, and this was proven to the City of Los Angeles. It is totally non - pollutant - 100% safe. Council Member Russo asked for further clarification that there will be no dangerous chemicals being stored in this facility, with Mr. Zittell confirming there will be none whatsoever. Mr. Larry Wallendar, Lee and Associates, addressed the Council in favor of the Green Life project, saying there was one item in the staff report which should be corrected. The Glendale facility is basically a research and development facility employing 14 Page 5 Beaumont City Council ly 26, 1993 people and utilizing 4,000 sq.ft. This new facility will be a manufacturing facility to manufacture the product on a full scale basis. He just felt the record should be correct as he probably furnished the wrong information to staff. Mr. Wallender went on to say he has represented the Square D Company, the present owners of the property, for the past two years in its efforts to locate a new business in that location. This is a very unique building in its design and it is very hard to find someone who can utilize the facility, but he has been diligently trying to find someone to replace the 250 jobs which were lost when Square D shut down. He continued that he thinks Green Life has the ability to do that, and to do it in a way that will be very pleasing to the community. Most of the companies who have looked at the facility were heavy manufacturers with some form of chemicals and other things which would have to be dealt with. This organization has a new technology and something that will have a lot of press and provide the City with a lot of identity as well as provide a lot of jobs, and in this economy with most of the businesses looking at downsizing or moving out of California, here is someone who wants to improve the economy which is badly needed. Council Member Russo asked how quickly they anticipate this would start moving. Mr. Wallender said they are moving very quickly. They have submitted a letter proposal to the Square D Directors outlining a conversation they had in regard to price and terms, etc., and it looks like a formal agreement will be finalized this week. Green Life is very anxious to get into the facility and start setting up their operation, and will proceed with a lease /purchase arrangement while everything is being processed. Mr. Russo then asked if they were talking about something starting up within 60 to 90 days, with Mr. Wallendar saying definitely within 60 -90 days. Council Member Brey stated this is a blessing to the City to have someone move back into the building, since it has been hard to find someone who could fit the building. There was no one else requesting speak, and no further questions or comments from the Council. Motion to approve Ordinance No. 722 at its first reading. Motion by Council Member Parrott, second by Council Member Brey, to approve Ordinance No. 622 at its first reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 10. Reports and Appointments. Mayor Leja reported that the State of the City luncheon collected approximately $2,659 through sponsorships, of which $659 will go to the Chamber of Commerce and $2,000 will go to the graffiti task force. There were no other reports. 11. CONSENT CALENDAR: a. Approval of City Council Minutes of Special Meeting of June 21, 1993, Regular Meeting of June 29, 1993, Special Meeting of July 6, 1993 and Regular Meeting of July 12, 1993. Page 6 1 aumont City Council ply 26, 1993 b. Acceptance of Planning Commission Minutes of Regular Meeting of June 15, 1993. C. Approval of Payment of Warrants and Payroll. d. Approving Contracts with BSI and Bill Alyward, CPA, for Financial and Administrative Services. e. Approval of One Year Time Extension for Tentative Tract Map No. 24039. Applicant: Three Rings Ranch (Coscan- Stewart). f. Authorizing the Chief of Police to Execute a Memorandum of Understanding between the City of Beaumont and the County of Riverside Establishing Participation in a County -wide Anti -Gang Task Force. g. Authorizing the Chief of Police to Execute an Operational Agreement with the Victim Witness Assistance Center. h. Report of Planning Commission Action at Regular Meeting of July 20, 1993. Motion by Council Member Parrott, 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. 12. Recess to Closed Session at Discretion of Council. The meeting was recessed to closed session pursuant to Government Code Section 54956.9(b)(1) at 6:44 p.m. On reconvening to regular session, there being no further business to come before the Council the meeting was adjourned. Respectfully submitted, r' � �,.-4& uty City Clerk Page 7 I .1 BEAUMONT CITY COUNCIL MINUTES OF AUGUST 11, 1993 The Beaumont City Council met in a regular meeting at 6:04 p.m., on Wednesday, August 11, 1993, in the City Council Chambers, with Mayor Leja presiding. On roll call the following Council Members were present: McLaughlin, Russo and Mayor Leja. Council Members Brey and 1 Parrott were 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 Agenda. Motion by Council Member Russo, second by Council Member McLaughlin, to dispense with the reading of the affidavit. There being no opposition, the motion carried. 2. Adjustments to Agenda. There were no adjustments to the agenda. 3. ORAL COMMUNICATION: Mr. Russ Russell, a member of the Board of the Beaumont - Cherry Valley Recreation and Parks District, addressed the Council requesting that a joint study session be scheduled for their Board and the Council to discuss issues of mutual interest. The date of Monday, August 16, at 6:00 p.m., in the City Council Chambers, was suggested by Council Member Russo, with Mr. Russell and the remainder of the Council agreeing this would be acceptable. A notice of joint study session for this date and time will be issued. 4. Award of Bid for Rough Grading and Erosion Control of the Wastewater Treatment Plant. Staff Recommendations Award of bid to Baldi Bros. Constructors, Inc. in the amount of $65,490.00; approval of the Agreement with Baldi Bros. Constructors, Inc.; and authorization for Mayor to execute same. Ernest Egger, Planning Consultant, presented the staff report, a copy of which is a matter of record in the Clerk's file and available for review upon request. Discussion followed, with questions for clarification from Council Member Russo and Council Member McLaughlin answered by Mr. Egger. Motion by Council Member McLaughlin, second by Council Member Russo, to award the bid to Baldi Bros. Constructors, Inc. in the amount of $65,490.00 for rough grading and erosion control of the wastewater treatment plant. AYES: Council Member McLaughlin, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Brey and Parrott. Page 1 ��G R- aumont City Council gust 11, 1993 Motion by Council Member McLaughlin, second by Council Member Russo, to approve the Agreement with Baldi Bros. Constructors, Inc. relating to the rough grading and erosion control of the wastewater treatment plant, and authorize the Mayor to execute same. AYES: Council Member McLaughlin, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Brey and Parrott. 5. Consider Request Received from Bear Valley Finance for Permit To Do Business as a Pawnbroker. Staff Recommendation: Authorize the Chief of Police to Issue _12 the secondhand dealer license prepared by the Department of Justice to Bear Valley Finance. The staff report was received from the City Manager, a copy of which is a matter of record in the Clerk's file. Mr. Feuerman, representing the applicant Bear Valley Finance, responded to a number of questions from Mayor Leja. Her specific concern was how the City could be assured there would be no display of items, and only high -end items with a value of $2,500 or more would be handled. The City Attorney suggested an agreement could be entered into with the applicant to cover the concerns of the Council, specifically stating the condition that the applicant promises that, for the life of the permit, they would abide by those conditions. Mr. Aklufi then asked if the applicant could prepare an agreement as outlined above for his review, with Mr. Feuerman stating that would prepare the agreement and forward it to the City Attorney. Motion by Council Member McLaughlin, second by Council Member Russo, to authorize the Chief of Police to issue the secondhand dealer license prepared by the Department of Justice to Bear Valley Finance, with the provision the business license will not become effective until the agreement has been executed by all parties. AYES: Council Member McLaughlin, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Brey and Parrott. 6. RESOLUTION NO. 1993 -41 - Authorizing the State Department of General Services to Purchase Certain Items. Staff Recommendation: Adopt Resolution No. 1993 -41. The City Manager presented the staff 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 McLaughlin, to adopt Resolution No. 1993 -41. There being no opposition, motion carried. 7. ORDINANCE NO. 720 - Second Reading - Rezoning Certain Property from - (Residential Agricultural Density) to C -HS (Commercial Highway Service) . Applicant: Mark Hilbert. v Location: Between Beaumont Avenue and Orange Avenue, 573 feet south of First Street (93- RZ -2). Motion to read Ordinance No. 720 by title only. Page 2 "Aaumont City Council igust 11, 1993 Motion by Council Member McLaughlin, second by Council Member Russo to read Ordinance No. 720 by title only. AYES: Council Member McLaughlin, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Brey and Parrott. The ordinance was read by title only by the Deputy City Clerk. Motion to adopt Ordinance No. 720 at its second reading. Motion by Council Member McLaughlin, second by Council Member Russo, to adopt Ordinance No. 720 at its second reading. AYES: Council Member McLaughlin, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Brey and Parrott. 8. ORDINANCE NO. 721 - Second Reading - Authorizing the Levy of a Special Tax Within Community Facilities District No. 93 -1. Motion to read Ordinance No. 721 by title only. Motion by Council Member Russo, second by Council Member McLaughlin, to read Ordinance No. 721 by title only. AYES: Council Member McLaughlin, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Brey and Parrott. The ordinance was read by title only by the Deputy City Clerk. Motion to adopt Ordinance No. 721 at its second reading. Motion by Council Member Russo, second by Council Member McLaughlin, to adopt Ordinance No. 721 at its second reading. AYES: Council Member McLaughlin, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Brey and Parrott. 9. ORDINANCE NO. 722 - Second Reading - Declaring a Need for an Industrial Development Authority and Declaring that Such Authority Shall Function. Motion to read Ordinance No. 722 by title only. Motion by Council Member McLaughlin, second by Council Member Russo, to read Ordinance No. 722 by title only. AYES: Council Member McLaughlin, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Brey and Parrott. Let the record show the ordinance was read by title only by the Mayor at the time she introduced the agenda item. Motion to adopt Ordinance No. 722 at its second reading. Motion by Council Member McLaughlin, second by Council Member Russo, to adopt Ordinance No. 722 at its second reading. AYES: Council Member McLaughlin, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Council Member Brey and Parrott. Page 3 Beaumont City Council gust 11, 19,93 10. Discussion regarding Request From Southwest Museum For a Proposal for a New Site. The City Manager advised that staff has had the opportunity to look a little further into this request, and it was their opinion from what they had been able to ascertain that the applications to be a candidate for-relocation of the Southwest Museum are going to be extremely competitive, and unless an application shows a gift of land, building and money, the proposal will not be very competitive. Discussion followed, with Mayor Leja in particular expressing a desire for the City to submit a letter of intent to the Southwest Museum, perhaps working with the park and recreation district. Mr. Russell advised that the Recreation and Parks District were also working on a proposal to relocate the museum to a site adjacent to the Edward -Dean Museum. Mayor Leja stated it appeared there would be a lot of alternatives in the area that could be looked at, as she noticed their consultant is also working for one of the City's major landowners and perhaps that particular property would be a possibility. Motion by Council Member McLaughlin, second by Council Member Russo, to authorize staff to send a letter of intent with the Mayor's signature. There being no opposition, motion carried. 11. Reports and Appointments. a. The City Manager reported the first meeting of the Senior Citizen Task Force was held today, and it was felt it was very successful with about thirteen people attending, all of whom are service providers to the senior community. The County agencies in particular were well represented. Another meeting has been scheduled in two weeks, and then on September 16 a public hearing will be held at 2:00 and 6:00 p.m. to give the community the opportunity to submit comments, after which a report will be prepared and brought back to the Council in late October. There were no other reports. 12. CONSENT CALENDAR: a. Approval of City Council Minutes of Regular Meeting of July 26, 1993. b. Approval of Payment of Warrants and Payroll. C. RESOLUTION NO. 1993 -42 - Determining Fees to be Charged to Reimburse City for Cost of Registering Bonds and for Cost of Annual Administration. Assessment District 1983- 1. d. RESOLUTION NO. 1993 -43 - Adopting the Sewerage and / Sanitation Fees Report and Directing that Said Report be Certified to the County Auditor for Collection on the Tax Rolls. e. Report of Planning Commission Action at Special Meeting of July 27, 1993. Motion by Council Member McLaughlin, second by Council Member Russo, to adopt the consent calendar as presented. There being no opposition, motion carried. Page 4 i -7- _ �aumont City Council ,gust 11, 1993 13. Recess to Closed Session at Discretion of the City Council. There was no need for a closed session. Date set for next regular Council Meeting, Monday, August 23, 1993, 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 6:36 p.m. ResIm"Itfully submitted, puty City Clerk Page 5 `TJ BEAUMONT CITY COUNCIL MINUTES OF AUGUST 23, 1993 The Beaumont City Council met in a regular meeting on Monday, August 23, 1993, at 6:04 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 Mayor Leja, who then led the Pledge of Allegiance to the Flag. 1. Clerk's Affidavit of Posting. Motion by Council Member McLaughlin, second by Council Member Brey, to dispense with the reading of the affidavit of posting. With no opposition, the motion carried 5 -0. 2. Adjustments to Agenda. There were no adjustments to the agenda. 3. ORAL COMMUNICATION: Mr. Orville "Butch" Strickland, 5609 Riviera Avenue, Banning, representing the Sun Lakes Homeowners Association, addressed the Council indicating he had previously spoken at the Planning Commission meeting, and was here tonight to remind the Council that the City of Beaumont is a participant in the Highland Springs Underpass Bridge and Thoroughfare District, and most of the projects being considered at this time are in this district cl and there are benefit district fees which are due up -front whenever construction starts within the district. He went on to say that he merely wanted to remind them of this fact, and would be meeting with the City Manager later to work with the City of Banning Finance Director. As background information, he advised that to date the fees have been collected only in Banning, and are collected by the City at the time building permits are issued. Mayor Leja asked for clarification that the City of Banning is the lead agency for this district, with Mr. Strickland confirming that is correct. PUBLIC HEARINGS: 4. SPECIFIC PLAN NO. SP -93 -3, ENVIRONMENTAL IMPACT REPORT EIR 93 -3, and PROPOSED ZONE CHANGE from Planned Unit Development (PUD) to Specific Plan Area Zoning, 93 -RZ -6. Applicants Loma Linda University (Seneca Springs). Location: South of Interstate 10 bounded by First Street on the north, Highland Springs Avenue on the east, and Manzanita Park Road on the west. Project Description: To develop a maximum of 1,150 dwelling units on 224.9 acres within the overall 295.1 acre Specific Plan C/ area, with a variety of family- oriented and retirement - oriented housing proposed. Also included are a school site, church site, parks, linear greenbelts and an internal circulation system Staff Recommendation: Certify Environmental Impact Report; Adopt a Statement of Overriding Consideration to reduce the cumulative significant impacts to an acceptable level; adopt the Mitigation Monitoring Program as amended by the Final EIR; Adopt Specific Plan SP -93 -3 as amended by the Conditions of Approval; and Approve Change of Zone 93 -RZ -6 by adoption of the Ordinance. Page 1 Beaume-t City Council Augus 23, 1993 The staff report was presented by the City's consultant, Nicole Criste, a copy of which is a matter of record in the Clerk's file. Ms. Criste called attention to the fact that the Planning Commission recommended the deletion of Condition No. 11 regarding the disposal of construction wastes from the site, as requested by the applicant; and also recommended that two conditions which were requested be deleted by the applicant, Conditions No. 15 and 69 (now numbered as Condition No. 67) remain in the conditions of approval as is. She further advised that on Condition No. 67 (formerly No. 69) staff discussed the wording of the condition with the applicant, and staff is now recommending the condition be re- worded as follows: "The developer shall mitigate project impacts to public schools in accord with "Cooperative Agree- ment between the City of Beaumont and the Beaumont Unified School District" dated February 22, 1993, or at such level of mitigation as may be determined or established by the laws of the State of California. Ms. Criste concluded her report by presenting the recommendations of the Planning Commission that the City Council certify the Environmental Impact Report EIR -93 -3, Statement of Overriding Considerations and Mitigation Monitoring Program by adoption of Resolution No. 1993 -44; adopt Specific Plan SP -93 -3, as amended by the Conditions of Approval attached to the staff report, by adoption of Resolution No. 1993 -44; and approve Change of Zone 93 -RZ -6 by adoption of Ordinance No. 729. Mr. Derrill Yaeger, representing the applicant Loma Linda University, addressed the Council, thanking them for holding the joint meeting with the Planning Commission several months ago. The Council will see they have adopted their suggestions made at that time -- sidewalks throughout the project and more parks -- which resulted in the loss of 47 units from the project. That is a valuable commodity, but they feel that, ultimately, it is a better project. Mr. Yaeger thanked City staff for doing an excellent job on this project, except for a couple of conditions he would like to discuss with the Council at this time. He then commented concerning the deletion of Condition No. 11 by the Planning Commission, which essentially stated the developer is responsible if subcontractors didn't properly dispose of waste from the project, with the developer suffering the fines and all of the criminal sanctions associated with that. This deletion was based on Mr. Yaeger's objection that the subcontractors are licensed and are capable people who can perform these duties properly, and it was their belief that particular condition was overreaching, as the blame should be placed on the party who actually didn't comply with the law. It is now his request that the City Council also agree to delete this condition. The second condition objected to by the applicant was Condition No. 15, which basically states the developer will hold the City harmless against anything which may happen if someone challenges this project. He realizes the City is trying to protect themselves, however, the University is not in the habit of holding anyone harmless, and to ask the University to hold the City harmless under these conditions is more than they can agree to. In practicality, in many jurisdictions, there is no such condition, but if somebody does sue the City regarding this Page 2 Beaum City Council August 23, 1993 project, the City then turns to the developer and says you are the real party in interest, do you want to defend or not, if you don't we will default and the project will go down the tubes. It was Mr. Yaeger's opinion the City would be fully protected even if this condition were not included in the conditions of approval, and he urged the Council to delete it. The remaining condition they objected to was Condition No. 69, now numbered 67, but they now feel the rewording by staff is appropriate and they have no problem with it remaining in the conditions as reworded. Mr. Yaeger then introduced Mr. Frank Greco, T & D Planning, who described the plan for the project to the Council by utilizing a wall display. There were no questions or comments from the Council at this time. The public hearing was opened at 6:23 p.m., and there being no one requesting to speak either in favor of or in opposition to the project, the hearing was closed at 6:24 p.m. Council Member Brey requested that Condition No. 11 be read again, with Ms. Criste reading that condition, as follows: "The developer shall be held responsible for insuring that all construction subcontractors properly dispose of all their waste in County landfills or with a licensed recycling company. If any dumping of any construction waste occurs the developer shall be fined and held responsible for the costs associated with clean up, proper disposal and any necessary revegetation." Council Member Brey commented that he didn't think it would be wise for the Council to delete that condition as the City would have no control over subcontractors. They come and go, go bankrupt, etc., and the developer is the only party the City can turn to if something did go wrong. He continued that although it was unlikely that anything would happen, if something toxic was dumped and the subcontractor went "belly up ", the City would have no one to go after if the condition is deleted. Council Member Parrott pointed out the contractors should be bonded, with Mr. Brey stating that wouldn't make any difference as they go bankrupt all the time. The City Attorney said the way the condition is worded is the problem, and he understands Mr. Yaeger's concern about it. First of all it states that if any dumping occurs, the developer is fined and he doesn't know what that means as dumping could be legal and he didn't know who would be fining them. Additionally, and more importantly, the main concern is that waste materials be disposed of properly and legally, and that burden is already on the developer. The City Attorney then suggested the condition be reworded to read as follows: "The developer shall insure that all construction debris, materials and the like be properly disposed of." Mr. Yaeger said the applicant would agree with this change as it removes some of the criminal fining aspects. The City Attorney continued that he has a concern about Condition No. 15 regarding idemnification. Although he agrees with Mr. Yaeger's comment that in practice the City is not obligated to defend the specific plan if it were the subject of a lawsuit, on the other hand it is becoming more common to require the developer to agree to a condition similar to this, although there Page 3 Beaumont City Council August 23, 1993 is a very distinct downside here in that the City is taking on a responsibility that if the City fails to bear, then the burden of liability or responsibility for defending against a lawsuit shifts from the applicant to the City, which the City should not be agreeing to. He then pointed out the part where it says the City, in failing to notify the applicant, assumes a responsibility, should definitely not be included. He then suggested a standard form of idemnification provision should be included that would simply require the developer to idemnify the City against any types of losses, damages, claims and the like, including this disposal of construction waste issue, that may arise out of the City's approval of the specific plan or its implementation by the applicant. In other words, all responsibility concerning the approval process as well as the implementation of the plan is borne by the applicant in practice, however, it doesn't hurt to have it in writing. Mr. Yaeger said the applicant has a problem with this because the City may do something over which the applicant would have no control, and the City is asking them to hold them harmless in all instances. He went on that the City has responsibilities and has to perform its duties properly and go through the proper steps, and to say that the developer under all circumstances will hold the City harmless over things about which it has no control or knowledge is too much. The City Attorney pointed out that as a matter of law the applicant cannot idemnify the City against their negligence. He does agree the City should not be asking the applicant to idemnify the City if the City is negligent, because the City cannot ask them to do that as a matter of law. Mr. Yaeger stated there is no distinction made in the condition, with the City Attorney saying it doesn't need to because the law clarifies the meaning of the clause, however, a statement can be added - "except for the City's negligence ", and he would have no problem with this since by law the City can't force them to do so anyway. It was agreed the following statement would be added to Condition No. 15: "but for deliberate acts or negligent acts by the City ". Council Member Brey Pennsylvania Avenue, of distance required Trans requires. If Pennsylvania wouldn't Avenue. then asked for clarification regarding ; tating that he thought there was some kind between off -ramps and on -ramps that Cal the City puts a westbound on -ramp on that interfere with the exit at Beaumont Ms. Criste said it was her understanding that the original agreement the City made with Cal Trans for all of the Beaumont exits included the ultimate development of the Pennsylvania diamond interchange. It is part of the original agreement, and they will have to honor that. Mr. Egger added that the typical standard in an urban area is one mile. This concluded Mr. Brey's questions, with Council Member Parrott stating the plan looked good to him. Council Member Russo and Council Member McLaughlin said all their questions have been answered. Mayor Leja said she had some questions, but she was not certain if the specific plan process is the proper place to ask them, or even if they can be asked in the State of California. Her question relates to the townhomes and the fear that when you have Page 4 r `r Beaumont City Council August `3, 1993 townhomes you are going to have transient type renters, without a lot of stability in a community with townhomes. She then wanted to know if there is a way the City can require that only a percentage of the townhomes can be rented at a time. Ms. Criste said she did not think that was legally permissible as the City would be limiting the rights of someone who bought the townhomes. The only vehicle she could think of which would address this concern would be the CC &Rs for the townhome development. Mr. Yaeger stated that they believed those kind of problems, if in fact they exist, can be controlled by a proper homeowners association that is set up to control occupancy and conduct in those units, rather than ownership or rental. Mayor Leja then asked Mr. Yaeger to elaborate on the recreational plan being provided for the townhomes. Mr. Yaeger said the plan depicts only the large area for the townhomes, and the applicant will have to come in with a plot plan and /or a subdivision plan, and at that time the actual recreational facilities and the other amenities of that project will be shown in greater detail than is presently shown in the specific plan. Mayor Leja then questioned the lot sizes, stating that in saying 6,000 and 8,000 it doesn't mean that every lot is going to be 6,000 and every lot is going to be 8,000. Mr. Yaeger said that will be the minimum lot size, and depending on the grading pattern and the street pattern, they will be no smaller than that, but undoubtedly many will be larger. Mrs. Leja wanted to know if the six acre mini -park on the west side could be increased, with Mr. Yaeger saying that would not be possible because that particular configuration at that intersection works out very nicely, and to make it larger it might have to be placed through to the next cul -de -sac to the south, or widen it out in that intersection and lose even more lots. Mayor Leja asked for clarification on the size of the greenbelts, with Ms. Criste advising they are 100 foot easements. In asking about the pedestrian trails, Mayor Leja was shown by Mr. Greco on the display where they would be placed and connected with the bike trails. Mayor Leja wanted it known that the community walls will be planted with vegetation to discourage graffiti. She also wanted to know if the mini -park at the bottom of the project could be made larger, with Mr. Yaeger again stating it would not be feasible as the plan is designed as a whole and to start changing things, they would have to go back and look at other factors to see if the change would fit into the overall plan. He did point out the total park acreage included in this plan exceeds City requirements by almost double, and does not count the landscaped easement areas that are considerably more than required. Mayor Leja said she would always ask for more park space, but she did want them to know she has read the plan thoroughly and it is one of the more exceptional plans as far as dedication to the view, the open space, how the homes are designed, etc. The only additional clarification she needs is relative to the garages in the area, asking what percentage they expect to have not facing directly to the street, detached garages, etc., and whether this can be included with this plan so it will be more concrete. Ms. Criste advised that because of the phased nature of the project it is very difficult to determine numbers on the types Page 5 Beaumont City Council August 3, 1993 and design. Each tract will be required to make a submittal for final design approval of the individual tract that is submitted, and that would be the appropriate time to look at the percentages and insure they are getting what they had requested. Mr. Yaeger added that Condition No. 7 attempts to address the aesthetic features the Council is looking for. Mayor Leja questioned whether or not the drainage corridor would be a greenbelt affect or a natural setting, with Mr. Yaeger responding they hope the Flood Control District will allow them to build it out as an open landscaped area rather than a box culvert. Ms. Criste pointed out that the worst of the flood control at the northwest corner will be partially concretized, but the project calls for a portion to be concretized where required, and the balance to be held in natural open space wherever possible. Those standards will be determined by the Flood Control District. The City Manager requested that the proposed Condition No. 67 be read, with Ms. Criste stating proposed Condition No. 67 is as follows: "The developer shall mitigate project impacts to public schools in accord with the Cooperative Agreement between the City of Beaumont and Beaumont Unified School District dated February 22, 1993 or at such level of mitigation as may be determined or established by the laws of the State of California." Mayor Leja said she is assuming that when construction starts there would be a cooperative effort with the cemetery district to alleviate impact on the district as far as funerals being held, etc. Additionally, she wanted to know if there would be an entrance with adequate landscaping during the initial construction phases so there is a nice appearance to the community. Mr. Yaeger said they have planned very substantially landscaped entry treatments for construction in the phase that is actually being constructed. Mrs. Leja asked if any thought has been given to the Hovchild project next door to this project, and a plan formulated for any parks in that particular area. Mr. Greco advised there is a golf course planned in this area, as a lot of the recreational activities in the Hovchild project will be dealt with through golf. Council Member Russo asked that the rewording of Condition No. 11 be restated. The City Attorney responded that he proposes Condition No. 11 read as follows: "The developer shall insure that all hazardous materials be properly disposed of." Additionally, Condition No. 15 should read as follows: "To the extent permitted by law the developer shall defend, idemnify and hold the City of Beaumont and its agents, officers and employees from any and all claims, actions or proceedings of every kind or nature that may arise from, be related to or be occasioned by the City's approval of the specific plan and /or its implementation by the applicant." Mr. Jay Lukkarila asked if the applicant has ever built a development such as this before, with Mr. Yaeger responding they have not. Page 6 Beaumont City Council August 3, 1993 There were no other comments or questions from the Council. a. Consideration of Certification that the Final Environmental Impact Report has been completed in compliance with the California Environmental Quality Act (CEQA). Motion by Council Member McLaughlin, second by Council Member Parrott to certify that the final Environmental Impact Report has been completed in compliance with the California Environmental Quality Act (CEQA). AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. b. Consider Adopting Statement of Overriding Consideration to reduce the cumulative significant impacts to an acceptable level. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt a Statement of Overriding Consideration to reduce the cumulative significant impacts to an acceptable level. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. C. Consider Adopting Mitigation Monitoring Program as amended by the Final EIR. Motion by Council Member Parrott, second by Council Member McLaughlin, to adopt a Mitigation Monitoring Program as amended by the Final EIR. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. d. ORDINANCE NO. 729 - FIRST READING - from Planned Unit Development (PUD) Zoning. Applicant: Loma Linda South of Interstate 10 bounded by Fi Highland Springs Avenue on the east, on the west. (93- RZ -6). Rezoning 295 +/- acres to Specific Plan Area University. Location: rst Street on the north, and Manzanita Park Road Motion to read Ordinance No. 729 by title only. Motion by Council Member McLaughlin, second by Council Member Parrott, to read Ordinance No. 729 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 approve Ordinance No. 729 at its first reading. Motion by Council Member McLaughlin, second by Council Member Parrott, to approve Ordinance No. 729 at its first reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. Page 7 Beaumont City Council August '3, 1993 NOES: None. ABSTAIN: None. ABSENT: None. e. RESOLUTION NO. 1993 -44 - Certifying Environmental Impact Report No. 93 -3 and Approving Seneca Springs Specific Plan No. SP -93 -3. Applicant: Loma Linda University. Motion by Council Member McLaughlin, second by Council Member Parrott to adopt Resolution No. 1993 -44 certifying Environmental Impact Report No. 93 -3 and approving Seneca Springs Specific Plan No. SP -93 -3. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. DEVELOPMENT AGREEMENT DA -1 and NEGATIVE DECLARATION 93- ND -11. Applicant: ICI, Inc. and Orangewood. Location: CFD 93 -1 Improvement Areas No. 9 and 10. Project Description: Request for approval of a Development Agreement for Tentative Tract No. 23646, located north of Cougar Way and east of Beaumont Avenue and Tentative Tract Map No. 25272, located adjacent to the west side of Tract No. 23646. The adoption of a Negative Declaration pursuant to the California Environmental Quality Act (CEQA) is also proposed including findings consistent with Section 15153 of the CEQA Guidelines. Staff Recommendation: Continue to September 13, 1993. The public hearing was opened and there being no one requesting to speak was continued to Monday, September 13, 1993. 6 \,, DEVELOPMENT AGREEMENT DA -2 and NEGATIVE DECLARATION 93- ND -12. Applicant: Hovchild, Inc. Location: CFD 93 -1 Improvement Area No. 7. Project Description: Request for approval of a Development Agreement for Specific Plan No. SP -88 -3, located south of Interstate 10 and west of Highland Springs Avenue. The adoption of a Negative Declaration pursuant to the California Environmental Quality Act (CEQA) is also proposed including findings consistent with Section :15153 of the CEQA Guidelines. Staff ecommen a on: Continue to September 13, 19937. The public hearing was opened and there being no one requesting to speak was continued to Monday, September 13, 1993. �''I DEVELOPMENT AGREEMENT DA -3 and NEGATIVE ' Applicant: Loma Linda University. Improvement Areas No. 6A and 6B. Project for approval of a Development Agreement SP -93 -3, located south of Interstate 10 Springs Avenue. DECLARATION 93- ND -13. Location: CFD 93 -1 Description: Request for Specific Plan No. and west of Highland The adoption of a Negative Declaration pursuant to the California Environmental Quality Act (CEQA) is also proposed including findings consistent with Section 15153 of the CEQA Guidelines. Staff Recommendation: Continue to September 13, 1993. The public hearing was opened and there being no one requesting to speak was continued to Monday, September 13, 1993. �8 DEVELOPMENT AGREEMENT DA -4 and NEGATIVE DECLARATION 93- ND -14. Applicant: Heartland California Beaumont LTD. Location: CFD 93 -1 Improvement Area No. 5. Project Description: Request for approval of a Development Agreement for General Plan Entitlements to formalize applicant and City obligations which Page 8 Beaumont City Council August '3, 1993 relate to General Plan Entitlements and CFD 93 -1, located north of Highway 60 and south of San Timoteo Canyon Road. The adoption of a Negative Declaration pursuant to the California Environmental Quality Act (CEQA) is also proposed including findings consistent with Section 15153 of the CEQA Guidelines. Staff Recommendation: Continue to September 13, 1993. The public hearing was opened and there being no one requesting to speak was continued to Monday, September 13, 1993. (::9 .�,DEVELOPMENT AGREEMENT DA -5 and NEGATIVE DECLARATION 92 -ND -5. Applicant: High 60 Associates (Rolling Hills Ranch). Location: CFD 93 -1 Improvement Area No. 4. Project Description: Request for approval of a Development Agreement for Specific Plan No. SP -92 -2, located south of State Highway 60 and north of Fourth Street. The adoption of a Negative Declaration pursuant to the California Environmental Quality Act (CEQA) is also proposed including findings consistent with Section 15153 of the CEQA Guidelines. Staff Recommendation: Continue to September 13, 1993. The public hearing was opened and there being no one requesting to speak was continued to Monday, September 13, 1993. 10. DEVELOPMENT AGREEMENT DA -6 Applicant: Coscan /Stewart Improvement Area No. 3. approval of a Development SP -88 -2 ,(Three Rings Ranch), south of Fourteenth Street. and NEGATIVE DECLARATION 93- ND -15. Partnership. Location: CFD 93 -1 Project Description: Request for Agreement for Specific Plan No. located east of Interstate 10 and The adoption of a Negative Declaration pursuant to the California Environmental Quality Act (CEQA) is also proposed including findings consistent with Section 15153 of the CEQA Guidelines. Staff Recommendation: Continue to September 13, 1993. The public hearing was opened and there being no one requesting to speak was continued to Monday, September 13, 1993. END PUBLIC HEARINGS. 11.) Request from ECOPAC re Inland Empire Showcase '93 to Represent v -' All Four Pass Area Cities for $250.00 Pa ment From Each City. Staff Recommendation: Approve participation with ECOPAC and authorize a contribution of $250 toward such participation. The staff report was presented by the City Manager, a copy of which is a matter of record in the Clerk's file. The recommendation was to approve participation with ECOPAC. Mayor Leja reported that she attended the last ECOPAC meeting and they are making plans for this showcase, with each City being provided a certain number of tickets to attend. The Council and City staff will not actually be working the booth, but they will have the opportunity to have representation there and the City also needs to provide handouts or visual materials regarding the City to ECOPAC. Council Member Parrott stated that the City needs all the publicity it can get in order to bring new businesses into the City. There were no other comments or questions. Motion by Council Member Parrott, second by Council Member Brey, to approve participation with ECOPAC in a booth at the Inland Empire Showcase 193, and authorize a contribution of $250.00 toward such participation. Page 9 Beaumont City Council Augus► 3, 1993 AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 12. Authorize Notice Inviting Bids for Police Department Radios. Staff Recommendation: Authorize Publication and Mailing of Notice Inviting Bids for Police Department radios. The City Manager presented the staff report, a copy of which is a matter of record in the Clerk's file. The recommendation was to authorize publication and mailing of the notice inviting bids. There were no comments or questions from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott to authorize staff to publish Notice Inviting Bids for Police Radio equipment, and to mail this notice to all vendors who have indicated an interest. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 13.; Request from Beaumont Unified School District for Curb /Designated No Parking Zones on Palm Avenue Medians Between 6th Street and 14th Street. Staff Recommendation: Adopt Resolution No. 1993 -45. The staff report was received from the City Manager with a recommendation for adoption of Resolution No. 1993 -45. This report is a matter of record in the Clerk's file. Mayor Leja asked if special arrangements would be made for parking during special events, with the City Manager indicating the City would cooperate with the school district should the need arise. There were no other questions or comments from the Council. a. RESOLUTION NO. 1993 -45 - Pursuant to Chapter 10.04 of the Municipal Code Prescribing Curb /Designated No Parking Zones on Palm Avenue Medians between 6th Street and 14th Street to Expedite Traffic Flow and Traffic Safety. Motion by Council Member Parrott, second by Council Member McLaughlin, to adopt Resolution No. 1993 -45. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 14. Consider Amendment to Contract with Baldi Bros. Constructors for / Grading and Erosion Control at Wastewater Treatment Plant to Provide for Additional Requirements by the Water Quality Control Board. Staff Recommendation: Approve Amendment to Contract. The staff report was presented by David Dillon, a copy of which is a matter of record in the Clerk's file. The recommendation was to approve an amendment to the Baldi Bros contract in order to meet the additional requirements of the Water Quality Control Board. There were no comments or questions from the Council. Page 10 Beaumont City Council August 3, 1993 Motion by Council Member McLaughlin, second by Council Member Parrott, to authorize the City Manager to prepare an amendment to Baldi Bros. contract in the amount of $11,052, for a total contract amount of $76,542, and authorize the Mayor to execute the amendment. AYES: Council Member McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: Council Member Brey. ABSENT: None. 15. Consider Claim Filed Against the City by Deborah Branford. ' Staff Recommendation: Reject the claim based on the findings. The City Manager presented her report, with a recommendation by the City's Claims Administrator and City Attorney for rejection of the claim. There were no questions or comments from the Council. Motion by Council Member Russo, second by Council Member Brey, 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. \,,16. Reports and Appointments: a. Report from Ad Hoc Sign Committee. Ernest Egger reported that the Ad Hoc Sign Committee established by the City Council has held their initial meeting and determined that the current ordinance is seriously flawed and is in need of a major revision. They will be reviewing ordinances for other jurisdictions and will be holding at least two more meetings to complete a recommendation to the Planning Commission. It is anticipated this recommendation will be presented to the Planning Commission for consideration in approximately sixty days. There were no other reports and no appointments made. 17. CONSENT CALENDAR - All Items are considered to be routine approved on one motion. Ther these items unless a Council which case the item will be and considered separately. Listed Under the Consent Calendar by the City Council and will be e will be no separate discussion of Member or Citizen so requests, in removed from the Consent Calendar J 7 a. Approval of City Council Minutes of Regular Meeting of August 11, 1993. IZ> b. Acceptance of Planning Commission Minutes of Regular Meeting of July 20, 1993 and Special Meeting of July 27, 1993. C. Approval of Payment of Warrants and Payroll. 8s d. Report of Planning Commission Action at meeting of August 17, 1993. Page 11 Beaumo -t City Council August .3, 1993 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 The meeting was adjourned to a meeting of the Beaumont Redevelopment Agency at 7:21 P.M., reconvening to regular session at 7:35 P.M. 18. RESOLUTION No. 1993 -46 - Concurring in the Findings and Determinations of the Beaumont Redevelopment Agency Regarding Lack of Necessity to Form a Project Area Committee in Connection with the Adoption of the Redevelopment Plan for the Beaumont Redevelopment Project and Concurring in Certain Recommendations Regarding the Use of Agency Revenues for Affordable Housing Outside of the Project Area. Staff Recommendation: Adopt Resolution No. 1993 -46. Motion by Council Member Parrot, second by Council Member McLaughlin to adopt Resolution No. 1993 -46. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 19. 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 George Agard, individually and dba Beaumont Manor vs City of Beaumont, et al., Riverside Superior Court Case No. 238528. The meeting was recessed to closed session at 7:36 p.m., reconvening to regular session at 8:40 p.m. There being no further business to come before the Council, the meeting was adjourned at 8 :41 p.m. Respectfully submitted, ?uty y Clerk Page 12 BEAUMONT CITY COUNCIL MINUTES OF SEPTEMBER 139 1993 The Beaumont City Council met in a regular meeting on Monday, September 13, 1993, at 6:05 p.m., in the City Council Chambers with Mayor Leja presiding. On roll call the following Council Members were present: Brey, 1McLaughlin, 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. Motion by Council Member McLaughlin, second by Council Member Parrott, to dispense with the reading of the affidavit of posting. With no opposition, the motion carried 5 -0. 2. Adjustments to Agenda. There were no adjustments to the agenda. 3. ORAL COMMUNICATION: There was no one requesting to speak under oral communication. PUBLIC HEARING: 4a. DEVELOPMENT AGREEMENT DA -1 and NEGATIVE DECLARATION 93- ND -11. Applicant: ICI, Inc. and Orangewood. Location: CFD 93 -1 Improvement Areas No. 9 and 10. Project Description: Request \ for approval of a Development Agreement for Tentative Tract No. v 23646, located north of Cougar Way and east of Beaumont Avenue and Tentative Tract Map No. 25272, located adjacent to the west side of Tract No. 23646. b. DEVELOPMENT AGREEMENT DA -2 and NEGATIVE DECLARATION 93- ND -12. Applicant: Hovchild, Inc. Location: CFD 93 -1 Improvement Area No. 7. Project Description: Request for approval of a Development Agreement for Specific Plan No. SP -88 -3, located south of Interstate 10 and west of Highland Springs Avenue. c. DEVELOPMENT AGREEMENT DA -3 and NEGATIVE DECLARATION 93- ND -13. Applicant: Loma Linda University. Location: CFD 93 -1 Improvement Areas No. 6A and 6B. Project Description: Request for approval of a Development Agreement for Specific Plan No. SP -93 -3, located south of Interstate 10 and west of Highland Springs Avenue. d. DEVELOPMENT AGREEMENT DA -4 and NEGATIVE DECLARATION 93- ND -14. Applicant: Heartland California Beaumont LTD. Location: CFD 93 -1 Improvement Area No. 5. Project Description: Request for approval of a Development Agreement for General Plan Entitlements to formalize applicant and City obligations which relate to General Plan Entitlements and CFD 93 -1, located north of Highway 60 and south of San Timoteo Canyon Road. e. DEVELOPMENT AGREEMENT DA -5 and NEGATIVE DECLARATION 92 -ND -5. Applicant: High 60 Associates (Rolling Hills Ranch). Location: CFD 93 -1 Improvement Area No. 4. Project Description: Request for approval of a Development Agreement for Specific Plan No. SP -92 -2, located south of State Highway 60 and north of Fourth Street. Page 1 f. DEVELOPMENT AGREEMENT DA -6 Applicant: Coscan /Stewart Improvement Area No-. 3. approval of a Development �j SP -88 -2 (Three Rings Ranch) south of Fourteenth Street. Beaux 't City Council Septe. per 13, 1993 and NEGATIVE DECLARATION 93- ND -15. Partnership. Location: CFD 93 -1 Project Description: Request for Agreement for Specific Plan No. located east of Interstate 10 and The staff report was presented by David Dillon with a recommendation that all development agreements (DA- 1 /DA -6) be continued to the regular meeting of September 27, 1993. The public hearing on all development agreements was re- opened at 6:09 p.m., and there being no one requesting to speak, was continued to Monday, September 27, 1993, at 6:00 p.m., or as soon thereafter as they may be heard. 5. Consider Professional Engineering with Lee and Staff Recommendation: vim' Services Agreement with for wastewater engineeri execute same. Services Agreement for Wastewater Ro Consulting Engineers, Inc. Approve Technical and Professional Lee and Ro Consulting Engineers, Inc. ng services, and authorize the Mayor to The staff report was received from David Dillon, a copy of which is a matter of record in the Clerk's file. Mr. Dillon indicated he and the City Attorney have reviewed this agreement further and are recommending the following motion which will amend the recommendation contained in the staff report. The recommended motion reads as follows: 1. To ratify the agreement with Lee and Ro Consulting Engineers to act as the City wastewater engineer to complete the Stage 1 expansion of the wastewater treatment plant. 2. To ratify an expenditure for task one of the agreement to authorize the expenditure of $30,000 to Lee and Ro to pay for the preliminary engineering and the coordination with the regulatory agency. 3. To authorize the expenditure for task three of an amount not to exceed the sum of $360,000 for the completion of the design and the preparation of bid ready documents for the construction of the wastewater treatment plant. Council Member Brey said he is assuming this firm has worked on similar projects, with Mr. Dillon stating they have quite a bit of related experience in the field of wastewater engineering, as that is their primary field, and staff feels very comfortable they will be well- suited to preparing the final plans which will be used for the construction documents. The City Manager asked for clarification regarding the total amount involved, with Mr. Dillon indicating it is $390,000, whereas in the staff report it is shown as $450,000. He explained further that in reviewing the agreement with the City Attorney, they felt the last scope of work (which is at the very end of the project relating to coordination of the construction and assisting in the start -up of the plant) needs additional clarification, and this amounted to $60,000. What staff is recommending is that Lee and Ro be authorized to prepare the final plans, and before the point is reached of assisting in the construction this scope of work will be reviewed in detail and a recommendation brought back to the Council. Mayor Leja asked ,how long they felt it would take to complete Page 2 Beaumont City Council Sept ')er 13, 1993 the design, with Mr. Dillon responding that the requirement of the regional board is for construction to start in March of 1994, and they expect to go out to bid by the end of the year, or no later than the-first quarter of 1994, for construction of the treatment plant. Mayor Leja then wanted to know how long the design would take, with Mr. Dillon stating it will take about six months to design the full set of plans for the treatment plant. Mayor Leja questioned why it would take six months, with Mr. Dillon indicating that would give them sufficient time to complete the bid process and the construction process in accordance with the regional board's requirements, which are to have the plant completed by March 15, 1995, and to be in full compliance by July 1, 1995. Mayor Leja asked if there would be any type of incentive in order to get the plans completed earlier than six months. Mr. Dillon said the incentive would be to get paid more quickly. The sooner they design them and the sooner the City approves the plans, the sooner they will be paid. He continued that the City will be reviewing the work at 50% completion, 90% completion and return to them to make whatever corrections are necessary. The contract also requires them to report on a regular basis to the City, to the regional board and other regulatory agencies. Council Member Russo pointed out that in the payment section of this agreement it is stated invoices will be submitted to the City on a monthly basis for payment, asking if this means that at the end of the first month they will bill the City for those things they did on the engineering plans, and each month thereafter the City will receive a bill for the work that has been done, or do they get paid when the plans are complete. Mr. Dillon said the way it is structured is they bill on a time and material basis but only for work complete. The City will review the invoices and analyze whether the work billed for has been completed. Mr. Russo went on that it appears that in the sixth month we will be billed just for the last month of work, whereas, if the City were to say they would pay for the plans when they are complete, perhaps the City would get the plans sooner. Mr. Dillon said he thought there was some opportunity to create some type of incentive in the agreement, but he would defer to the City Attorney in terms of how much latitude the City has. He did point out that what is being asked for tonight is ratification of an amount of $30,000 for what has already been done. The City Attorney said the firm will be given a specific date within which to provide both a draft and final plans and specs in order for the City to get going. March 15 is, theoretically, the date on which they are to begin construction so there has to be time for bids too. Secondly, it is custom and practice to bill monthly and pay on that basis showing in the billing what has been done in terms of detail and percentage of work. The City could discuss with Lee and Ro, although it is not part of the original proposal, some incentive to pay them for early completion, and on the other hand penalize them on a daily basis for delay in the production of plans. The City Attorney did point out however there are a lot of variables. They have to consult with regulatory agencies and have them review the work product. The City needs time to review the work product, and turn back to them whatever Page 3 BeauniunL C i L y Cuurnci L Septe-')er 13, 1993 deficiencies are found for revision, correction and resubmittal. tie continued that it is obvious everyone is shooting for the target date the regulatory agencies have dictated and time is the essence of the agreement. It is his opinion the agreement is sufficient, but if the Council is concerned about timely completion it would be appropriate to not only ratify but authorize the expenditure with further instruction that some incentive program be developed to make sure the date is met if the Council thinks that is necessary. Council Member McLaughlin said there is a chart listed and it shows a completion date, asking if that is the date it is on -line and ready to accept the water or not. Mr. Dillon clarified there will be a four month period to start, where they will be preparing the plans for plan check. There will probably be another two month period of plan check and correction process. This would be your six month time, therefore within four months there should be quite a lot of work completed. He clarified further that the March 15 date is the actual start of construction as required by the regional board, and it is his opinion the City has already complied with this date by start of the rough grading project. He went on to say that by March 15 they should be very close to being ready to go out to bid. The bid process will probably take another month or two months, with construction to commence in probably two months after submittal. Council Member McLaughlin then wanted to know what - theoretically - do they think the completion date will be, with Mr. Dillon stating the City has to have substantial completion of the construction of the plant at the capacity of 1.4 mgd by March 15, 1995, with the period of time between March 15 and June 1 allowed to the City in order to get the plant started up, operating and the discharge from the plant in full compliance with the discharge requirements for the quality of the treated affluent. Council Member Russo said he believes it is correct that through this whole process over the years there have been changes from the regional board and new requirements for this particular plant as something new comes up, and he wanted to know at what point in time there is a cut -off. We are in the process of developing the engineering plans to build the plant, and his main concern is the longer the process is dragged out, the greater the possibility of the regional board coming up with more things with which the City has to comply - so the quicker it is completed and get them to sign off the better off the City is. Council Member Brey pointed out that wasn't really true, as Yucaipa built their sewer plant and as soon as they were done with it, it was out of compliance. Mr. Dillon said he thinks they have covered 95% of it by waiting until they had the waste discharge permit from the regional board. The City is being required to design a tertiary treatment plant with all of the latest waste discharge requirements as of today. They have not done any heavy engineering design until they knew exactly what their permit requirement was. There is always the possibility of soine minor changes required by the Board, but the way the City Attorney has set the contract up they should be able to control any potential for extra work for changes. Mayor Leja said what she is most concerned about, having been through this before, is the City is going to get "drug out" again, and there 's this uneasiness if it isn't ready in six months - then it is eight months - then nine months - then ten months, with changes corning in constantly. But if staff and the City Attorney have reviewed the contract in great detail, Page 4 and if the City takes recess and through the get the plant designed change any more laws. Beaumont City Council Septe, "er 13, 1993 advantage of it through the State's Christmas break, the City can possibly and under construction before they can The City Attorney said some intermediate milestone dates can be included, which they can discus) with Lee and Ro, but he did think the Council should be aware that additional planning requirements may be imposed on the City through the AQMD model - the preparation of the risk management. Mr. Dillon confirmed that was a possibility but he thinks their approach is not to allow that to slow them up, so they will know soon enough in the process whether any air dispersion modeling needs to be done. Mayor Leja indicated she would like some milestones built into the contract. Mr. Dillon noted that one of the discussed with Lee and Ro, and is in within thirty days they are to provide an updated engineering cost estimate. would be happy to bring this deta estimate back to the Council within project reports can be brought back month. things which has been the agreement, is that a detailed schedule and He continued that he [led schedule and cost thirty days, and these to the Council once a Council Member Brey said he would like to see some penalties put into the contract for going over the time allocated, such as $500 a day or $1000 a day, or whatever the standard is at this time. The City Attorney said this could be negotiated, with Mr. Brey adding if they were delayed for reasons not within their control then they would have to put in for the extra days of the delay. Mayor Leja emphasized only if there were certain milestones otherwise the City could be put on a back burner because the little City of Beaumont is not as important as a bigger City might be. The City Attorney said that detail had been taken care of in this Agreement by asking for certain people to work on this project and they are given a time line. Mayor Leja agreed that with a time line and certain milestones built in then legitimate delays will be obvious, but if they didn't have milestones built in and they didn't negotiate with the City and the regional board within six months to make sure everyone is happy, and the City finds out there are all these extra things that have to be changed, and it gets delayed because of that, then a penalty system should be imposed. The City Attorney asked if there was an incentive to be included as the opposite of the penalty, as he felt the firm would be more willing to consider a penalty if there were also an incentive offered of like amount if they were to get it done by certain dates. Council Member Brey pointed out penalty clauses are more common than incentive clauses. The City Attorney said if the Council will allow them the flexibility of trying to work these issues into the final form of the agreement, that should be sufficient as they certainly have good direction. Mayor Leja said she would not look at an incentive clause unless they got it done within three months. Page 5 Beaumont City Council Septerr' -r 13, 1993 Dave Dillon stated he was concerned with any financial incentives because they are working with a very tight budget, with the majority of the Council concurring with this statement. Council Member McLaughlin pointed out that if the Council keeps "fiddling" around, adding this and that, then you have to go back and talk, this all takes time, and this is what they are trying to avoid. He then asked how they wanted the motion stated to include all direction. The City Attorney suggested that the two motions be made as recommended, as he has made note of the Council's concerns and will be certain th -y are addressed. Motion by Council Member Brey, second by Council Member McLaughlin, to ratify the agreement with Lee and Ro Consulting Engineers to act as the City wastewater engineer to complete the Stage 1 expansion of the wastewater treatment plant; and to further ratify an expenditure for task one of the agreement to authorize the expenditure of $30,000 to Lee and Ro to pay for the preliminary engineering and the coordination with the regulatory agency. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Motion by Council Member Brey, second by Council Member McLaughlin, to authorize the expenditure for task three of an amount not to exceed the sum of $360,000 for the completion of the design and the preparation of bid ready documents for the construction of the wastewater treatment plant, subject to final review and approval of the City Manager and City Attorney. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 6. Request from Chief of Police to Accept Speed /Occupant Restraint Compliance Program Grant from Office of Traffic Safety ( 0 T S ) and Authorization for City Manager, Chief of Police and Interim Director of Administrative Services to Execute the Appropriate Documents. The City Manager presented the staff report in which she advised the City is the receipient of a grant from the Office of Traffic Safety in a sum valued over $20,000 to assist the police department in the enforcement of speed and laws related to occupant safety restraints. Included with the grant is a mobile traffic monitor trailer, a passive alcohol sensor as well as funding for training. The City's contribution for this program will be $34,820 which consists primarily of staff time. A comment from Council Member McLaughlin relative to the City of Banning's mobile trailer and it's effectiveness was confirmed by the Chief of Police. There were no other questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to accept the Speed /Occupant Restraint Compliance Program Grant from the Office of Traffic Safety (OTS) and to authorize the City Manager, Chief of Police and Interim Director of Administrative Services to execute the appropriate documents. Page 6 BeduiliunL Ci Ly uounui 1 September 13, 1993 AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 7. Report from Chief of Police Relating to Decriminalization of Parking Violations and Implementation of Beaumont Parking Program_. The City Manager presented the staff report with a recommendation to accept the bid from the Phoenix Group for processing services and to authorize an expenditure not to exceed $2,500 to cover the first year costs. A copy of this report is a matter of record in the Clerk's file. A number of questions were asked of the Chief of Police and Sergeant Kurt Jackson relative to the percentage of the fine money which will be retained by the City and implementation of the program, including notification to the public. a. RESOLUTION NO-1993-47 - Adopting Section 40200 et seq. of the California Ve icle Code Operative July 1, 1993, and Establishing a Schedule of Penalties for Parking Violations. Motion by Council Member Russo, second by Council Member McLaughlin, to adopt Resolution No. 1993 -47. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. b. Accept bid from Phoenix Group for Processing Services, and Authorize the City Manager to Execute the Contract Documents Subject to City Attorney Approval. Motion by Council Member Russo, second by Council Member McLaughlin, to accept the bid from the Phoenix Group for processing services for the Beaumont parking program, and authorize the City Manager to execute the contract documents. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. C. Authorize an Expenditure Not to Exceed $2,500 to Cover First Year Costs for Set Up and Operation of the Beaumont Parking Program. Motion by Council Member Russo, second by Council Member McLaughlin, to authorize an expenditure not to exceed $2,500 to cover the first year costs for set up and operation of the Beaumont Parking Program. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 8. Request from Chief of Police for Authorization to Lease /Purchase Equipment and Software for the Police Department Utilizing Asset Forfeiture Funds, and Authorize the City 7 Manager and Chief of Police to Execute the Appropriate Documents. The staff report was presented by the Chief of Police, with a Page 7 Beaumont City Council leptember 13, 1993 recommendation to authorize the lease /purchase of this equipment and software. Council Member Russo asked how this system would enhance the department's ability to increase public safety. Chief Smith responded that it would allow the department to manage all the information that is entered daily and to redirect the assets (basically the patrol officers) based on the data in the system such as the times, dates and locations where crimes are occurring, and directing patrols into specific problems areas. In other words, it allows the department to manage the volumes of information on hand in a much more rapid manner, makes better use of the administrative personnel and records people, thereby allowing the department to be more responsive to the public. There were no other questions or comments from the Council. Motion by Council Member Parrott, second by Council Member McLaughlin, to authorize the lease /purchase of equipment and software for the Police Department utilizing asset forfeiture funds, and authorizing the City Manager and Chief of Police to execute the appropriate documents; and to further authorize the Chief of Police to deliver a thirty -day notice to the City of Banning to cancel the current Memorandum of Understanding between the cities. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 9. Desiqnation of Voting Delegate for League Annual Conference. The City Manager reported this is the annual request from the League asking the Council to designate a voting delegate and alternate to vote on League resolutions at the conference. There were no questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member Russo, to designate Mayor Jan Leja as the voting delegate and Mayor Pro Tem Frank Parrott as the alternate for the League of California Cities annual conference October 16 -19, 1993. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 10. ORDINANCE NO. 729 - SECOND READING - Rezoning 295 +/- acres from Planned Unit Development (PUD) to Specific Plan Area Zoning. Applicant: Loma Linda University. Location: South of Interstate 10 bounded by First Street on the north, Highland Springs Avenue on the east, and Manzanita Park Road on the west. (93- RZ -6). Motion to read Ordinance No. 729 by title only. Motion by Council Member Russo, second by Council Member Brey to read Ordinance No. 729 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 adopt Ordinance No. 729 at its second reading. Page 8 Beaumont City Council September 13, 1993 Motion by Council Member Parrott, second by Council Member McLaughlin, to adopt Ordinance No. 729 at its second reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 11. Reports and Appointments. a. Verbal report from staff on status of Sphere of Influence application before LAFCO. Ernest Egger presented a verbal report concerning the status of the Sphere of Influence amendment filed with LAFCO, advising that it will be heard by LAFCO on Thursday, September 23. In addition to the City of Beaumont's application, LAFCO will be considering five other applications all of which affect the V Pass Area and are of concern to this City. These applications �1 have been filed by the City of Calimesa, the City of Banning and the City of San Jacinto. Mr. Egger then provided background information on these applications and their possible affect on the City of Beaumont. Mr. Egger's complete report is a matter of record on the tape recording of this meeting. j/ b. A status report regarding Community Facilities District 93- 1 was presented by the City Manager, a copy of which is a matter of record in the Clerk's file. C. Frank Parrott reported that a meeting will be held by the J RTA Long Range Transit Planning Committee on Thursday, at .� 9:30 a.m., in Calimesa, at the Senior Center. This is a J vital issue concerning this area as Dial -A -Ride, fixed route and other transportation issues will be discussed. There were no other reports. 12. CONSENT CALENDAR: a. Approval of Minutes of Regular City Council Meeting of August 23, 1993. b. Approval of Warrants and Payroll. C. Approval of 19th Year (1993 -94) Supplemental Agreement with / Economic Development Agency for Use of Community Development Block Grant (CDBG) Funds, and Authorization for Mayor to Execute Same. 0 Lf,.d. Consider Approval of Agreement with Beaumont Unified School District Relating to Crossing Guards. i / e. Approval of Joint Financing Agreement with Beaumont - Cherry �j Valley Water District. -; f. Report of Planning Commission of September 7. 1993. Action at Special Meeting 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 9 Beaumont City Council eptember 13, 1993 13. Recess to Closed Session: a. Pursuant to Government Code Section 54956.9(x) to confer with Its Attorney-Regarding Pending Litigations which have been Initiated Formally and to which the City is a party. The titles of the litigation are: 1. Seidlinger vs City of Beaumont, Riverside Superior Court No. 218803. 2. Hershey vs City of Beaumont, United States District Court No. SA CV 91 -686 AHS (RWRx). b. Pursuant to Government Code Section 54957 to Consider Public Employee Personnel Matters. The meeting was recessed to closed session at 7:18 p.m., reconvening to regular session at 8:40 p.m. Date set for next regular Council meeting, Monday, September 27, 1993 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 :41 p.m. R ctfully submitted, 10 / & eputy City Clerk Page 10 BEAUMONT CITY COUNCIL MINUTES OF SEPTEMBER 27, 1993 The Beaumont City Council met in a regular meeting on Monday, September 27, 1993, at 6:08 p.m., in the City Council Chambers with IMayor Leja presiding. On roll call the following Council Members were present: Brey, McLaughlin, Parrott, Russo and Mayor Leja. PROCLAMATION - PROCLAIMING NO TIES. Mayor Leja read a proclamation in its entirety proclaiming that no ties will be allowed at this meeting. After reading the proclamation, Mayor Leja then announced that those found in violation of the proclamation will have the tie immediately clipped. The meeting was adjourned at 6:10 p.m. to allow all those in attendance to remove their ties and place them on the rack provided for that purpose, with the meeting reconvening at 6:11 p.m. The invocation was given by Council Member Russo, who then led the Pledge of Allegiance to the Flag. 1. Clerk's Affidavit of Posting. Motion by Council Member McLaughlin, second by Council Member Brey, to dispense with the reading of the affidavit of posting. With no opposition, the motion carried 5 -0. 2. Adjustments to Agenda. The City Manager requested that Agenda Items No. 15 and 20.a be removed from the agenda as those items were not ready to be considered. There being no objections, these items were removed from the agenda. 3. ORAL COMMUNICATION: Battalion Chief Chris Wurzell had requested to address the Council, however, due to a number of brush fires in the area, was unable to attend the meeting. PUBLIC HEARING: 4. DEVELOPMENT AGREEMENT 93 -DA -1 and NEGATIVE DECLARATION 93- ND -11. Applicant: ICI, Inc. and Orangewood. Location: CFD 93 -1 Improvement Areas No. 9 and 10. Project Description: Request for approval of a Development Agreement for Tentative Tract No. 23646, located north of Cougar Way and east of Beaumont Avenue and Tentative Tract Map No. 25272, located adjacent to the west side of Tract No. 23646. The adoption of a Negative Declaration pursuant to the California Environmental Quality Act (CEQA) is also proposed including findings consistent with Section 15153 of the CEQA Guidelines. Staff Recommendation: Adopt Negative Declaration 93- ND -11; Approve Development Agreement DA -1; and Approve Ordinance No. 723 at its first reading. The staff report on Development Agreements 93 -DA -1 through 93- DA-6 was presented by David Dillon as one report. This lengthy report is a matter of record in the Clerk's file. Page 1 Beaumont C' 1 Council September � —, 1993 The public hearing was re- opened at 6:24 p.m., and there being no one requesting to speak, the hearing was closed at 6:24:30 p.m. There were no comments or questions from the Council. a. Adopting Negative Declaration 93 -ND -11 based on the findings the proposed agreement will not have an adverse affect on the environment. Motion by Council Member Parrott, second by Council Member McLaughlin, to adopt Negative Declaration 93 -ND -11 based on the finding the proposed agreement will not have an adverse affect on the environment. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. b. ORDINANCE NO. 723 - FIRST READING - Approving Development Agreement 93 -DA -1 for Tentative Tract Nos. 23646 and 25272. Applicant: ICI, Inc. and Orangewood. Location: CFD 93 -1 Improvement Areas 9 and 10. Motion to read Ordinance No. 723 by title only. Motion by Council Member McLaughlin, second by Council Member Parrott, to read Ordinance No. 723 by title only. AYES: Council Member Brey, Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. McLaughlin, Parrott, Russo and The ordinance was read by title only by the Deputy City Clerk. Motion to Approve Ordinance No. 723 at its first reading. Motion by Council Member McLaughlin, second by Council Member Parrott, to approve Ordinance No. 723 at its first reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 5. DEVELOPMENT AGREEMENT 93 -DA -2 and NEGATIVE DECLARATION 93- ND -12. Applicant: Hovchild, Inc. Location: CFD 93 -1 Improvement Area No. 7. Project Description: Request for approval of a Development Agreement for Specific Plan No. SP -88 -3, located south of Interstate 10 and west of Highland Springs Avenue. The adoption of a Negative Declaration pursuant to the California Environmental Quality Act (CEQA) is also proposed including findings consistent with Section 15153 of the CEQA Guidelines. Staff Recommendation: Adopt Negative Declaration 93- ND -12; Approve Development Agreement DA -2; and Approve Ordinance No. 724 at its first reading. The Staff report was presented with Agenda Item No. 4. The public hearing was re- opened at 6:40 p.m. Mr. Jeff Lodder, representing Hovchild, Inc., stating he wanted Page 2 Beaumont C- v Council September �., 1993 to express their appreciation specifically to the staff, City Manager Dayle Keller, Dave Dillon, Ernie Egger and George McFarlin, for their efforts and their willingness to work with all of the developers, and to thank each of them for the time allotted. He continued that it is his understanding that the City Council has a recommendation from David Dillon that the Council would give the City Manager and the staff the authority to fine tune the development agreement because there are some minor changes and alterations needed. He then requested that the Council authorize the City Manager and the staff to do this. There being no other requests to speak, the hearing was closed at 6:45 p.m. a. Adopting Negative Declaration 93 -ND -12 based on the findings the proposed agreement will not have an adverse affect on the environment. Motion by Council Member McLaughlin, second by Council member Parrott to adopt Negative Declaration 93 -ND -12 based on the finding the proposed agreement will not have a significant impact on the environment. AYES: Council Member Brey, Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. McLaughlin, Parrott, Russo and b. ORDINANCE NO. 724 - FIRST READING - Approving Development Agreement 93 -DA -2 for Specific Plan SP -88 -3. Applicant: HovchiId, Inc. Location: CFD 93 -1 Improvement Area 7. Motion to read Ordinance No. 724 by title only. Motion by Council Member Brey, second by Council Member McLaughlin, to read Ordinance No. 724 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. 724 at its first reading. Motion by Council Member Parrott, second by Council Member McLaughlin, to approve Ordinance No. 724 at its first reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 6. DEVELOPMENT AGREEMENT 93 -DA -3 and NEGATIVE DECLARATION 93- ND -13. Applicant: Loma Linda University. Location: CFD 93 -1 Improvement Areas No. 6A and 6B. Project Description: Request for approval of a Development Agreement for Specific Plan No. SP -93 -3, located south of Interstate 10 and west of Highland Springs Avenue. The adoption of a Negative Declaration pursuant to the California Environmental Quality Act (CEQA) is also proposed including findings consistent with Section 15153 of the CEQA Guidelines. Staff Recommendation: Adopt Negative Declaration 93- ND -13; Approve Development Agreement DA -3; and Approve Ordinance No. 725 at its first reading. The staff report was presented with Agenda Item No. 4. Page 3 Beaumont f y Council September L1, 1993 The public hearing was re- opened at 6:55 p.m. and there being no requests to speak, the hearing was closed at 6:55:30 p.m. a. Adopting Negative Declaration 93 -ND -13 based on the finding the proposed agreement will not have an adverse affect on the environment. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Negative Declaration 93 -ND -13 based on the finding the proposed agreement will not have an adverse affect on the environment. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. b. ORDINANCE NO. 725 - FIRST READING - Approving Development Agreement 93 -DA -3 for Specific Plan SP -93 -3. Applicant: Loma Linda University. Location: CFD 93 -1 Improvement Areas 6A and 6B. Motion to read Ordinance No. 725 by title only. Motion by Council Member Brey, second by Council Member McLaughlin to read Ordinance No. 725 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. 725 at its first reading. Motion by Council Member Parrott, second by Council Member Brey, to approve Ordinance No. 725 at its first reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 7. DEVELOPMENT AGREEMENT 93 -DA -4 and NEGATIVE DECLARATION 93- ND -14. Applicant: Heartland California Beaumont LTD. Location: CFD 93 -1 Improvement Area No. 5. Project Description: Request for approval of a Development Agreement for General Plan Entitlements to formalize applicant and City obligations which relate to General Plan Entitlements and CFD 93 -1, located north of Highway 60 and south of San Timoteo Canyon Road. The adoption of a Negative Declaration pursuant to the California Environmental Quality Act (CEQA) is also proposed including findings consistent with Section 15153 of the CEQA CEQA Guidelines. Staff Recommendation: Adopt Negative Declaration 93- ND -14; Approve Development Agreement DA -4; and Approve Ordinance No. 726 at its first reading. The staff report was presented with Agenda Item No. 4. The public hearing was re- opened at 7:00 p.m., and there being no requests to speak, the hearing was closed at 7:00:30 p.m. a. Adopting Negative Declaration 93 -ND -14 based on the findings the proposed agreement will not have an adverse affect on the environment. Page 4 Beaumont City Council September ', 1993 Motion by Council Member Brey, second by Council Member Parrott, to adopt Negative Declaration 93 -ND -14 based on the finding the proposed agreement will not have an adverse affect on the environment. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. b. ORDINANCE NO. 726 - FIRST READING - Approving Development Agreement 93 -DA -4 for General Plan Entitlements. Applicant: Heartland California Beaumont LTD. Location: CFD 93 -1 Improvement Area 5. Motion to read Ordinance No. 726 by title only. Motion by Council Member McLaughlin, second by Council Member Brey, to read Ordinance No. 726 by title only. There being no opposition, the motion carried 5 -0. Motion to Approve Ordinance No. 726 at its first reading. Motion by Council Member Parrott, second by Council Member McLaughlin, to approve Ordinance No. 726 at its first reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. / ABSENT: None. ` 8. DEVELOPMENT AGREEMENT 93 -DA -5 and NEGATIVE DECLARATION 93- ND -15. Applicant: High 60 Associates (Rolling Hills Ranch). Location: CFD 93 -1 Improvement Area No. 4. Project Description: Request for approval of a Development Agreement for Specific Plan No. SP -92 -2, located south of State Highway 60 and north of Fourth Street. The adoption of a Negative Declaration pursuant to the California Environmental Quality Act (CEQA) is also proposed including findings consistent with Section 15153 of the CEQA CEQA Guidelines. Staff Recommendation: Adopt Negative Declaration 93- ND -15; Approve Development Agreement DA -5; and Approve Ordinance No. 727 at its first reading. The staff report was presented with Agenda Item No. 4. The public hearing was re- opened at 7:05 p.m. Mr. Joe DiChristina, representing Robertson Homes, addressed the Council, expressing the gratitude he and his partner have towards the City staff, including Dayle Keller, Mr. Aklufi, Dave Dillon, Ernie Egger and Mr. McFarlin, as they have all been a tremendous asset in the last year working on the project. He continued they feel they have pulled together a strong group of developers and some very difficult and complicated issues in a very brief period of time, which is something they have not seen in this City for the four years they have owned the property. He went on to state they believe everything agreement has been agreed to, with j clarifications which are being worked out, provision on the tentative map, but all the worked through in the next day or two, and taken care of. Page 5 in the development ust a few minor including a small language should be everything will be Beaumont C y Council September -/, 1993 There being no other requests to speak, the hearing was closed at 7:10 p.m. a. Adopting Negative Declaration 93 -ND -15 based on the findings the proposed agreement will not have an adverse affect on the environment. Motion by Council Member McLaughlin, second by Council Member Russo to adopt Negative Declaration 93 -ND -15 based on the finding the proposed agreement will not have an adverse affect on the environment. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. b. ORDINANCE NO. 727 - FIRST READING - Approving Development Agreement 93 -DA -5 for Specific Plan SP -92 -2. Applicant: High 60 Associates (Rolling Hills Ranch). Location: CFD 93 -1 Improvement Area No. 4. Motion to read Ordinance No. 727 by title only. Motion by Council Member Brey, second by Council Member McLaughlin, to read Ordinance No. 727 by title only. There being no opposition, the motion carried 5 -0. Motion to Approve Ordinance No. 727 at its first reading. Motion by Council Member Russo, second by Council Member McLaughlin, to approve Ordinance No. 727 at its first reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 9. DEVELOPMENT AGREEMENT 93 -DA -6 and NEGATIVE DECLARATION 93- ND -16. Applicants Coscan /Stewart Partnership. Location: CFD 93 -1 Improvement Area No. 3. Project Description: Request for approval of a Development Agreement for Specific Plan No. SP -88 -2 (Three Rings Ranch), located east of Interstate 10 and south of Fourteenth Street. The adoption of a Negative Declaration pursuant to the California Environmental Quality Act (CEQA) is also proposed including findings consistent with Section 15153 of the CEQA Guidelines. Staff Recommendation: Adopt Negative Declaration 93- ND -16; Approve Development Agreement DA -6; and Approve Ordinance No. 728 at its first reading. The staff report was presented with Agenda Item No. 4. The public hearing was re- opened at 7:16 p.m., and there being no requests to speak, the hearing was closed at 7:16:30 p.m. a. Adopting Negative Declaration 93 -ND -16 based on the findings the proposed agreement will not have an adverse affect on the environment. Motion by Council Member Russo, second by Council Member Brey, to adopt Negative Declaration 93 -ND -16 based on the finding the proposed agreement will not have an adverse affect on the environment. Page 6 Beaumont City Council September , 1993 There being no opposition, the motion carried 5 -0. b. ORDINANCE NO. 728 - FIRST READING - Approving Development Agreement 95-UT--6 for Specific Plan SP -88 -2. Applicant: Coscan /Stewart Partnership. Location: CFD 93 -1 Improvement Area No. 3. Motion to read Ordinance No. 728 by title only. Motion by Council Member Russo, second by Council Member Parrott, to read Ordinance No. 728 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. 728 at its first reading. Motion by Council Member McLaughlin, second by Council Member Russo, to approve Ordinance No. 728 at its first reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 10. C PROPOSED PRE - ANNEXATION CHANGE OF ZONE 92 -RZ -2, SPECIFIC PLAN SP -92 -1, ENVIRONMENTAL IMPACT REPORT EIR -92 -2, ANNEXATION 92- ANX-2-53 and DEVELOPMENT AGREEMENT 93 -DA -7. Applicant: Lockheed Corporation. Location: South of the existing City Limits, with the site's northerly periphery consisting of the southerly terminus of Highland Springs Avenue, and the westerly boundary being Highway 79 (Lambs Canyon Road). A proposed pre- annexation zone change on 9,117 acres from Riverside County M -M (Manufacturing- Medium), M -H (Manufacturing- Heavy), M -RA (Mineral Resources and Related Manufacturing), W -2 (Controlled Development) and W -2 -160 (Controlled Development, 160 acres minimum lot size) to City of Beaumont SPA (Specific Plan Area) (92- RZ -2); proposed annexation of the property into the City of Beaumont (92- ANX-2-53); the proposed adoption of the Potrero Creek Specific Plan for a master planned community with 11,870 dwelling units and ancillary commercial and recreational uses on 9,117 acres (SP- 92 -1); certification that the final environmental impact report has been completed in compliance with the California Environmental Quality Act (CEQA) (EIR- 92 -2); and adoption of a Development Aqreement (93- DA -7). Staff Recommendation: Adopt Resolution No. 1993 -48; Approve Ordinance No. 730 at its first reading; Approve Ordinance No. 731 at its first reading; and Adopt Resolution No. 1993 -49. The staff report was presented by Ernie Egger, a copy of which is a matter of record in the Clerk's file. Representatives of the applicant, Lockheed Corporation, gave an in -depth presentation concerning the project, answering numerous questions from the Council. This presentation and the questions from the Council are a matter of record on the recording of this meeting, and are available upon request. At the conclusion of the Lockheed presentation, Mr. Egger submitted the remainder of his staff report relating to the conditions of approval, the development agreement and the annexation proceedings. Mr. Egger also stated for the record that comments from the Sierra Club and the Audubon Club were received this evening, and briefly addressed those comments for the benefit of the Council. Page 7 Beaumont f y Council September 41, 1993 The public hearing was opened at 7:40 p.m. Ann Dennis, conservation coordinator for the Sierra Club, 568 N. Mountain View, Suite 130, San Bernardino, 92401: The reason I am here really is not to belabor the comments you already have because, although I am a staff person for the Sierra Club which represents both Riverside and San Bernardino counties, one of my other hats, as the gentlemen behind me know, I have been acting for the past couple of years as the chair for the advisory committee for the Riverside County Habitat Agency, so they know that I like to try to really move to the close and hold the meetings under five or six or ten hours if I can, and I sure don't want to do any different here since I am locked in just like the rest of you. But what I do want to say is that we do feel very strongly about the comments that you have received. We have also presented you with comments prior to this. We would be glad to meet with you at any time to discuss those comments. I do apologize for the lateness of these comments. I did not hand carry them, they were brought in by someone else. Unfortunately for us we are a grassroots organization. We have a very large membership, but our EIR reading group that comments on these very important EIRs and the people that attend these hearings by and large are volunteers and hold down, as I am sure most of you do, a full time job and then also serve their communities. So we find that these developments, even though they may be many years as they are moving along, seem to come to fruition in cycles, and I think you guys can speak to that too. You go along and there is kind of not much happening, and then it is all happening. And so I do apologize that you did not get this later set sooner, but we are kind of in that situation now, and our conservation chair, Joan Taylor, who prepared these comments, is at this moment in another meeting out in the Coachella Valley, which was prior set to this one and she could not come in. So I am just here to echo her comments and also to really, seriously say to you that speaking as the acting chair, as I have been for quite some time for that agency, it is not a given that Potrero will not be a study area. It is a study area now, and that is something you really, really want to think about. It has not- been taken out of that designation. And economics does not say that it will be because I think in the endangered species act economics is not considered. So you want to think about that. Mayor Leja: Can I ask you a couple of questions. Ms. Dennis: You bet. I am not Joan, but I will do my best. Mayor Leja: That's fine. I think you will do just fine. The study area that you are talking about that Potrero is in, is that the study area for the habitat conservation for Riverside County. Ms. Dennis: Stephens Kangaroo Rat at this time. It is moving into a multi- species but . . . Mayor Leja: It is the study area that the Riverside County. . Ms. Dennis: Habitat Conservation Agency. Mayor Leja: They have identified it as their study area. Ms. Dennis: Yes. Mayor Leja: Could you cover for me real quick the requirements of the study area or the participation in the RC whatever it is. Page 8 Beaumont City Council September n', 1993 Ms. Dennis: RCACA. Mayor Leja: Because I know some cities participate in that, and I am not sure how you relate your study areas to certain areas outside of the cities that are participating. Ms. Dennis: Well the study areas pretty much cover the same cities and County of Riverside area that there are found Stephens Kangaroo Rat, or has been found, and as he alluded earlier there have been found some new Stephens Kangaroo Rat populations recently. But the fact remains that they are working with what is, because we are coming very close to the long term plan in getting it drawn, which would last for, hopefully, twenty or thirty years or more. But right now, we are in the short term plan, and so we have not finalized those areas, and Potrero is one of them. And kind of what they looked at when people started four or five years ago to look at these areas in the County they went out and literally did biological studies and tried to see where was the rat. And within that area tried to encompass a large enough area so that as they began to cut it down they would still be relatively certain, or as certain as they could be, that this species could on go. Mayor Leja: So what you are saying is this group of, I believe, is a collection of some cities and the County, designated what they thought the study areas would be for other areas without a public hearing? Ms. Dennis: No, no, no. There has been a lot of public hearings, and it wasn't the joint powers authority to begin with, it started out as a task force. Mayor Leja: Who identified different areas as study areas. Ms. Dennis: There was a consulting firm that was hired early on, four or five - I think about five years ago actually. Mayor Leja: And they identified the study areas, and then. . . Ms. Dennis: I think you were even, weren't you at that time still involved, I mean before. . . Unidentified speaker: I never designated my client a study area. Ms. Dennis: No, but I mean, way back when it all first started, you know when Paul Seltzer was starting to work on it, were you not involved at that time. Mayor Leja: I h for the longest designate it, as hearing of lands Also, I have one answer . . . ave just been trying to find this answer out time of who gave them the authority to well as - without the benefit of a public that would be designated as a study area. other question - I guess there is no clear Ms. Dennis: No, that I can answer you. When it very first started, Fish and Wildlife, United States Fish and Wildlife as the deciding agency, because of it being under the endangered species act, was willing to give a permit to the County of Riverside, and the cities involved, if they would put together a plan that would be satisfactory. And that is when they began to do the studies, and they did have hearings at that time. Mayor Leja: So they put a plan together for a city that was not participating. For our area. Ms. Dennis: Well, it was not, at that time, my understanding Page 9 Beaumont C / Council September k/, 1993 Mayor Leja: How many acre feet will be in the lake, and where will the water come from. Mr. Snyder: The water is coining from the treatment plant, which is right here. And the total treatment plants, Phase 1- A and this will be later on, is going to be tributary to the treatment plant, which is about a 22 acre treatment plant, which will produce 3.8 million gallons a day, between the two. Excluding the estate areas, which these are going to be under their own septic tank system. They won't be tributary to these systems. We are tentatively looking at a ten acre lake, 43,560 feet and it is going to be about fourteen feet deep approximately. And that is how much the storage capacity will be, and what that does is you have the overflow, the constant overflow that will water the golf course - the golf courses and the landscaped area. And depending on how this progresses as far as the needs of landscaping and parks, this treatment plant will either have a pump station and pump it back up to the lake, or water this, or discharge into the creek, if allowed. Mayor Leja: And there is a requirement to have so much water in that lake at all times. Mr. Snyder: Correct. You don't want a dry lake. And that is yes, and the key on that is that before you build the golf courses, or finish them and irrigate them, is to build up a static water surface and have it that you can fluctuate based on the amount of water affluent treated raising it up, and also during the rainy season. That you can't have it too high and you have a overflow system to bring it down. Also, additionally, we have been talking to the City, there is potentially, that there may be - we have asked for the City to bring some affluent from the north down to the south on a early basis to have that treated, that will help speed along the golf courses and the lake. But that is still under discussion. Mayor Leja: Did that answer your question. Ms. Vrzal: I didn't get what he said the depth of it was. Mr. Egger: 14 feet. 140 acre feet. Mayor Leja: Are there any other questions or comments from the public. Any questions or comments in favor or opposition or neutral. Okay we will close the public hearing. The public hearing was closed at 7:53 p.m. Following the close of the public hearing, Mayor Leja had one specific question to the effect that won't the wildlife and rats and birds and everything else, won't they thrive more under the condition that provides water and those types of things. Mr. Egger responded that was absolutely correct, and that in fact the golf courses will contain water features and actually will provide a fairly hospitable interface from that primary wildlife corridor, which is Potrero Creek and some of its tributaries. He pointed out the project has been nicely designed by virtue of the fact that in most cases the interfaces between that wildlife corridor and urban development areas does consist of a golf course, and while a golf course is not a 100% natural environment and 100% support for wildlife, it does provide a much better transition to the urban development than other types of things. The meeting was recessed at 7:55 p.m., reconvening at 8:12 p.m. After reconvening, a number of questions were asked by members of the Council concerning the proposed project. These Page 11 Beaumont City Council September "', 1993 it was not in your City. The area. Mayor Leja: So the areas were just generally put in there. Ms. Dennis: If the County designated that area, which I assume it did, then the thought was there was a very large population there at that time. Mayor Leja: Can I ask another question. When you have your study areas for your short term or for your long term, and I know all the laws and all the - I think, what is it, four biologist in the State are only authorized to touch the rats, and if you touch the rat or its habitat you are nailed with a $10,000 fine. Is that roughly it. Ms. Dennis: It is pretty steep. Mayor Leja: Yeah, but I think it is about $10,000. Can I ask a question. Let's say we set up all these nice little study areas, and that little rat decides to go outside that study area, are they open game then, can we smash the little suckers, or what. Ms. Dennis: Well there is a hope that you wouldn't smash them, but if you accidentally smashed them you wouldn't have that same fine. Mayor Leja: Is there a lobbying effort on by your organization so that once the study areas are set up, then the rest of the population is rid of all the unnecessary fines and everything if they happen to walk in our backyard and our cat decides to eat one. Ms. Dennis: Once the study areas are final. Once the long term is in effect, everything else out of there is out of there. If it is not in that study area, it is out of there. Mayor Leja: It is open game. Ms. Dennis: I really don't like that phrase, but yes. The study area is the study area. But it is not the study area until it final. You see. So there is the rub. Right now it has not been finalized, but shortly it will be. Mayor Leja: Okay. Did the Sierra Club sell their office building in San Francisco, because I believe they used to have a really nice place in San Francisco, downtown. Ms. Dennis: As far as I know, I have never been there, but I believe they have been in the same place for a long, long time. It is on Pope Street, that is all I know. I have never been in it. Mayor Leja: All right. Thank you very much. Mrs. Vrzal, did you have a comment. Alma Vrzal, 720 California Avenue, Beaumont: I want to know what the size of the lake is going to be, and what the water capacity is, and where the water is coming from. Mr. Egger: It is ten acres in size. The water capacity, I think Doug Snyder can probably tell us a little bit about. The water would be reclaimed water from the project sewage treatment plant. Partially anyway. Mayor Leja: This is the guy who can - tell him what the question is. Mr. Egger: We need to know how many gallons of water will be in the ten acre recreation lake. Page 10 Beaumont City Council September , 1993 questions are a matter of record on the recording of the meeting. Mayor Leja called attention to the fact that either in the specific plan or the EIR it stated that as far as current parks and recreation in this area, that Stewart Park and Rangel Park were owned and operated by the Beaumont - Cherry Valley Recreation and Parks District, which needs to be amended because it only listed the County of Riverside and the Beaumont - Cherry Valley Recreation and Parks District as being park owners and operators, and the City of Beaumont is as well. Mr. Egger indicated that the conditions of approval provides that the applicant is to do any fine tuning and editing necessary with regard to the specific plan, with the final version then being delivered to the City, and this document will be gone through with a.fine tooth comb and all of the mis- references will be caught. Mr. Egger then stated for the record that, with respect to the golf course, a condition can be added as follows: "Prior to the issuance of building permits for the golf course, a plot plan shall be filed and potential municipal use and ownership of the golf course shall be proposed or could be evaluated by the City Council." a. RESOLUTION NO. 1993 -48 - Certifying Environmental Impact Report No. 92 -2 and Approving Specific Plan No. 92 -1. Motion by Council Member McLaughlin, second by Council Member Russo, to adopt Resolution No. 1993 -48 with the conditions of approval amended as discussed. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. b. ORDINANCE NO. 730 - FIRST READING - Prezoning 9,117 acres from Riverside County M -M (Manufacturing- Medium), M -H (Manufacturing - Heavy), M -RA (Mineral Resources and Related Manufacturing), W -2 (Controlled Development) and W -2 -160 (Controlled Development, 160 acres minimum lot size) to City of Beaumont SPA (Specific Plan Area) (92- RZ -2). Applicant: Lockheed Corporation. Location: At the southerly terminus of Highland Springs Avenue, southeasterly of the existing Beaumont Corporate Limits (92- ANX- 2 -53). Motion to read Ordinance No. 730 by title only. Motion by Council Member Parrott, second by Council Member Brey, to read Ordinance No. 730 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 approve Ordinance No. 730 at its first reading. Motion by Council Member Parrott, second by Council Member Brey, to approve Ordinance No. 730 at its first reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Page 12 Beaumont F y Council September 41, 1993 c. ORDINANCE NO. 731 - FIRST READING Adopting Development Agreement No. DA -7 Between the City of Beaumont and the Lockheed Corporation (Pursuant to Government Code Sections 65864 - 65869.5). Motion to read Ordinance No. 731 by title only. Motion by Council Member McLaughlin, second by Council Member Parrott, to read Ordinance No. 731 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 approve Ordinance No. 731 at its first reading. Motion by Council Member McLaughlin, second by Council Member Parrott, to approve Ordinance No. 731 at its first reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. d. RESOLUTION NO. 1993 -49 - Requesting the Local Agency Formation Commission to Initiate Proceedings for the Annexation of Uninhabited Territory Pursuant to the Local Government Reorganization Act of 1985. (92- ANX- 2 -53). Motion by Council Member McLaughlin, second by Council Member Brey, to adopt Resolution No. 1993 -49. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. \ END PUBLIC HEARINGS. Report on Alternative Method of Distribution of Tax Levies and Collections. (Teeter Plan). Staff recommendation: Adopt Resolution No. 1993 -54. The staff report was presented by the City Manager, a copy of which is a matter of record in the Clerk's file. Discussion followed with questions asked by the Council, and the advantages of joining this plan explained by the City Manager and Interim Administrative Services Director. a. RESOLUTION NO. 1993 -54 - Pursuant to Section 4715 of the Revenue and Taxation Code of the State of California Agreeing to Participate in the Alternative Method for Distribution of Tax Levies and Collections and of Tax Sale Proceeds Adopted by the County of Riverside. Motion by Council Member Parrott, second by Council Member McLaughlin, to adopt Resolution No. 1993 -54. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Page 13 Beaumont City Council September , 1993 12. Consider Request from Chief of Police for City Council Support of Extension of the Half -Cent Sales Tax for Public Safety, Staff Recommendation: Adopt Resolution No. 1993 -50. The Chief of Police presented the staff report, a copy of which is a matter of record in the Clerk's file. Council Member Brey commented this is a prime example of the fact that everyone knew once the sales tax went up it would never come down again. This makes you wonder how the State government is run - not the local government and the County government, but the State government. Everything was funded before, but now the City gets less money and the County gets less money, but the citizens have to pay more taxes. He then indicated that he would not support this for that fact - not that he didn't want the City to have more money for public safety protection, but the State should look for another way of funding it. Mayor Leja said she agreed with everything that Mr. Brey has said, and in addition she feels this is just another way for the State not to have to do their job. Basically, what they do is take what they think the public will be the most upset about or most concerned about, so if the tax is supposed to be for public safety that is a major issue for residents. She continued that she thought the State should have to take the action on their own, and not come to local governments for support when all they do is continually take money away from local government that was originally designed to help support local services such as police and fire. This is another example of the unfair and cowardly way the State government is being run and she would recommend that no formal vote be taken on this resolution. Council Member McLaughlin disagreed, saying whether or not they voted for or against this resolution, it will still be on the November ballot. Mayor Leja said the voters should be allowed to make up their minds themselves, and she saw no need to take an action on it. Discussion continued concerning whether or not this resolution should be considered, with Council Member Russo stating he agreed with both Mrs. Leja and Mr. Brey, but he also agreed with Mr. McLaughlin. Basically, the City is caught in the middle. The City Attorney suggested the resolution be re- written as follows: WHEREAS, indicating the City Council supports adequate public safety; WHEREAS, all local services are at risk due to the fiscal crisis created by the lack of leadership in the State government; WHEREAS, that the City supports the help of the County in order to insure local government; WHEREAS, the State has not provided leadership and has essentially dumped this issue on the local agencies to avoid criticism and the political problems that creates; WHEREAS, urgent action needs to be taken to reform State government and State financing; NOW, THEREFORE, the City Council supports local public safety and commits to provide the necessary leadership to bring about long term fiscal and government reform at the State level; and the City Council demands that the State provide leadership on this issue and to take all necessary action to reform itself Page 14 Beaumont I y Council September cl, 1993 and its financing. Mayor Leja requested that it also include the statement that the State reform at the State level and not the State reforming government by reforming local government. a. RESOLUTION NO. 1993 -50 - In Support of Public Safety and Reform of State Government. Motion by Council Member Brey, second by Council Member McLaughlin, to adopt revised Resolution No. 1993 -50. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. The Clerk was directed to send a copy of the revised resolution to all cities in the State, as well as the League of California Cities. C13. Consider Request from Chief of Police to Contract for Supplemental Law Enforcement Services for Special Events. Staff Recommendation: Adopt Resolution No. 1993 -52. The staff report was presented by the Chief of Police, a copy of which is a matter of record in the Clerk's file. There were no questions or comments from the Council. a. RESOLUTION NO. 1993 -52 - Authorizing the City to Provide Supplemental Law Enforcement Service to Private Individuals or Private Entities to Preserve the Peace at Special Events or Occurrences. Motion by Council Member Parrott, second by Council Member Russo, to adopt Resolution No. 1993 -52. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. D14.• Consider Request from Chief of Police to Establish a Compensation Schedule for Police Department Reserve Officers. Staff Recommendation: Adopt Resolution No. 1993 -53. The Chief of Police submitted the staff report, a copy of which is a matter of record in the Clerk's file. There no were questions or comments from the Council. a. RESOLUTION NO. 1993 -53 - Establishing a Compensation Schedule Paid To Beaumont Police Department Police Reserve Officers. Motion by Council Member Russo, second by Council Member of Parrott, to adopt Resolution No. 1993 -53. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 15. Consider Award of Bid for Police Department Radio Equipment. This agenda item was removed from the agenda under adjustments to the agenda. Page 15 Beaumont City Council September 1993 16. Consider Proposed Amended Agreement Between the City of Beaumont and Urban Logic Consultants for Planning, Economic Development and Public Works Services. Staff Recommendation: Approval of amended agreement and authorization for Mayor to execute same. 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 other than one statement by Mayor Leja that it appears by approving this amendment the City would be saving money and getting more work. Motion by Council Member Russo, second by Council Member Brey, to approve the amended agreement for Planning, Economic Development and Public Works Services, and authorize the Mayor to execute same. AYES: Council Member Brey, Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. McLaughlin, Parrott, Russo and 17. RESOLUTION NO. 1993 -51 - Relating to the Issuance of Bonds with Respect to Certain Improvement Areas Within Community Facilities District No. 93 -1 and the Sale Thereof to the Beaumont Financing Authority. Staff Recommendation: Adopt Resolution No. 1993 -51. The staff report was presented by David Dillon, a copy of which is a matter of record in the Clerk's file. There were no comments or questions from the Council. Motion by Council Member Russo, second by Council Member Parrott, to adopt Resolution No. 1993 -51. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 18 ORDINANCE NO. 732 - FIRST READING - Authorizing the Execution and Delivery of an Installment Sale Agreement and Authorizing and Directing Certain Other Actions with Respect Thereto. Staff Recommendation: Approve Ordinance No. 732 at its first Reading. David Dillon presented the staff report, a copy of which is a matter of record in the Clerk's file. There were no comments or questions from the Council. Motion to read Ordinance No. 732 by title only. Motion by Council Member McLaughlin, second by Council Member Brey, to read Ordinance No. 732 by title only. There being no opposition, the motion carried 5 -0. The ordinance was read by title only. Motion to approve Ordinance No. 732 at its first reading. Motion by Council Member McLaughlin, second by Council Member Parrott, to approve Ordinance No. 732 at its first reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Page 16 Beaumont C y Council September 4/, 1993 U19.` Reports and Appointments. a. Request from Mayor Leja for Appointment of an Ad Hoc Committee to Review the Business License Ordinance. Mayor Leja said she would not expect this committee to become active until after the sign committee recommendations have been completed and the revised sign ordinance has been presented to the Council. She then requested the Council to submit suggested appointments to this committee at the next meeting. There were no objections from the Council for the formation of this committee. The City Manager reported there were numerous inter - related items on the last LAFCO agenda specifically involving the City of Beaumont as well as the cities of Calimesa, Banning and to some degree the City of San Jacinto since our application for amendment of our sphere of influence impacted those three cities. The final result was that with regard to the western boundary meeting the City of Calimesa, the Commission voted to place the Storm property in the City of Calimesa. The Golden Triangle property at the freeway, which both Beaumont and Calimesa were requesting be placed in their sphere, was placed in neither sphere at this time. With regard to the City of Banning, the Commission split their request on an east /west basis, leaving within the City of Beaumont's sphere the western portion of the Black Bench as well as Highland Springs Resort and related residential development around the resort. They also voted to place all of Cherry Valley in Beaumont's sphere, on a tentative basis. All of these issues will be brought back to LAFCO to be ratified at the next meeting. Also, there needs to be additional discussion with the various Cherry Valley groups, and staff plans to sit down with them and work with them on some of the concepts which have been previously discussed, such as a joint planning area between Brookside and Cherry Valley Boulevard. On the southern side, the that was below the ridge on the recommendation of the L In addition, the Eighth annexation were approved by Mayor Leja said the only Manager's report was that Pass area were unanimous. portion of the City's application the San Jacinto side was removed on AFCO Director. Street annexation and the Saab LAFCO. thing she could add to the City all the actions pertaining to the There were no other reports. 20. 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. p G a. Approval of Minutes of Regular City Council Meeting of September 13, 1993. b. Acceptance of Minutes of Regular Planning Commission °v Meeting of August 17, 1993. C. Approval of Warrants and Payroll. Page 17 Beaumont [ y Council September 27, 1993 d. Report of Planning Commission Action at Regular Meeting of September 21, 1993. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt the consent calendar with Item a. removed. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 21. Closed Session at Discretion of Council. There was no need for a closed session. Date set for next regular City Council Meeting Monday, October 11, 1993, 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 9 :23 p.m. Respectfully submitted, Page 18 . 'V4& Clerk BEAUMONT CITY COUNCIL MINUTES OF OCTOBER 11, 1993 The Beaumont City Council met in October 11, 1993, at 6:08 p.m., in Mayor Leja presiding. On roll call the following Council McLaughlin, Parrott, Russo and Mayor The invocation was given by Mayor LE Allegiance to the Flag. 1. Clerk's Affidavit of Posting. a regular meeting on Monday, the City Council Chambers with Members were present: Brey, Leja. ja, who then led the Pledge of Motion by Council Member McLaughlin, second by Council Member Russo, to dispense with' the reading of the affidavit of posting. With no opposition, the motion carried 5 -0. 2. Adjustments to Agenda. The City Manager requested that 18.d of the consent calendar be removed from the consent calendar so that the City Treasurer, Don Keesling, may give a verbal report. There being no opposition, Agenda Item 18.d will be removed from the consent calendar and considered separately. 3. ORAL COMMUNICATION: Battalion Chief Chris Wurzell, representing the California Department of Forestry, Riverside County Fire Department and Beaumont Station 66, addressed the Council, stating that on behalf of the California Department of Forestry, Riverside County Fire and Company 66, they want to thank the Council and City staff for the wonderful support they have shown the fire department, especially in the area of the annual fire camp days. There was a fire camp day this past Saturday, and he was really pleased with the participation of the City and the community. He also thanked Captain Jim Cook, who has been coordinating this thirteen year event for the last eight years, and has single handedly put it all together. It is quite a high visibility event for the City, and is getting to be known all over the state, It now appears the fire department muster will probably go into a statewide certification and accreditation, and be put on the California Muster Event as a State certified event, and Captain Cook has been laying the groundwork for the last two years to get it accredited. Chief Wurzel! then indicated that Captain Cook had some awards to be presented as a result of various activities at the fire camp. Captain Cook requested Mayor Leja to step forward to receive awards for her team, which were first place in the hose rolling open competition, first place in the bucket brigade, first place in the water competition, and second place in water soccer. The Mayor said this year's win will be dedicated to the team from last year. A couple of the lady bus drivers last year helped form the team. They had been preparing all year for this year's event, but took their flu shots and got sick right before Page 1 B jmont City Council 0,_ober 11, 1993 the games this year. She then acknowledged Ernie Egger and Chief Smith for being part of the team all day this year, Scott Beard from the Police Department, Doug Leja and Juan. Chief Wurzell then called attention to the inventory of the PASSCOM package disaster hospital which will take place on October 22, 23 and 24, at Baldi Bros. They are in need of at least 40 volunteers to help with this inventory, which is a major undertaking. He requested anyone who can do so, to come to Baldi Bros. at 8 :00 a.m. on any of these days to assist. 4. Request to Establish a Temporary Disabled Parking Zone During the Bluegrass Festival. Staff Recommendation: Adopt Resolution No. 1993-55. The staff report was presented by the City Manager, a copy of which is a matter of record in the Clerk's file. There were no comments or questions from the Council. a. RESOLUTION NO. 1993 -55 - Pursuant to Chapter 10.04 of the Municipal Code of Beaumont to Designate a Temporary Disabled Parking Zone on the West Side of Maple Avenue Between Eighth and Ninth Streets from October 22 through October 24, 1993. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1993 -55. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 5. Consider Memorandum of Understanding Between City of Beaumont and the Retired Senior Volunteer Program (RSVP). Staff Recommendation: Approve the Memorandum of Understanding and direct staff to forward it to the RSVP representative for signature. The City Manager presented the staff report, a copy of which is a matter of record in the Clerk's file. Council Member McLaughlin asked how many volunteers are normally involved, with the Senior Center Director, Mary Blankenship, responding that the current RSVP program would be available to seniors who are sixty years and over. She did point out there is legislation pending to bring the age down to 55 years. She then introduced Donald Starkey, Director of the RSVP program in Hemet. Council Member Brey asked where the funding comes from to reimburse the volunteers. Mr. Starkey replied this funding comes from the federal government through a group called A.C.T.I.O.N., a government agency in Los Angeles, with the grant award branch being in San Francisco. He then advised the main headquarters of RSVP is in Washington, D.C., and it was formed in 1971. They currently have about 800 active volunteers working throughout the valley. They have a number of very well -known people serving on the advisory council at this time, and he invited a member of the Beaumont Council to serve on the advisory council as well. There were no other questions or comments from the Council. Motion by Council Member Br,ey, second by Council Member Parrott, to approve the memorandum of understanding between the City of Beaumont and the Retired Senior Volunteer Program (RSVP) and direct staff to forward it to the RSVP representative for signature. Page 2 B imont City Council October 11, 1993 AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 6. Consider Award of Bid for Police Department Radio Equipment. Staff Recommendation: Award the bid for Police Department Radios to MaComCo of Ontario, in the amount of $38,259.35; authorize additional funding of $297.35 over the amount originally budgeted; and authorize the City Manager to execute the lease documents in the amount of $735.77 per month for an annual cost of $8,829.24. 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 by Council Member McLaughlin, second by Council Member Parrott, to award the bid for Police Department Radios to MaComCo of Ontario, in the amount of $38,259.35; authorize additional funding of $297.35 over the amount originally budgeted; and authorize the City Manager to execute the lease documents in the amount of $735.77 per month for an annual cost of $8,829.24. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 7. Consider Adoption of Proposed Investment and Portfolio Policies. (See related Agenda Items 17.a and 18.d). Staff Recommendation: Adopt the Investment and Portfolio Policies. Alan Kapanicas, Interim Administrative Services Director, presented the staff report, a copy of which is a matter of record in the Clerk's file. The City Manager pointed out that in the City's audit for last year, the auditors specifically recommended that investment decisions be made by three people, so this is consistent with their recommendation. There were no questions or comments from the Council. Motion by Council Member Parrott, second by Council Member McLaughlin, to adopt the Investment and Portfolio Policies dated October 5, 1993. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. B. ORDINANCE NO. 723 - SECOND READING - Approving Development ` Agreement 93 -DA -1 for Tentative Tract Nos. 23646 and 25272. Applicant: ICI, Inc. and Orangewood. Location: CFD 93 -1 Improvement Areas 9 and 10. 9. ORDINANCE NO. 724 - SECOND READING - Approving Development Agreement 93 -DA -2 for Specific Plan SP -88 -3. Applicant: Hovchild, Inc. Location: CFD 93 -1 Improvement Area 7. 10. ORDINANCE NO. 725 - SECOND READING - Approving Development �^\ Agreement 93 -DA -3 for Specific Plan SP- 93 -3.. Applicant: ✓� Loma Linda University. Location: CFD 93 -1 Improvement Areas 6A and 6B. Page 3 P umont City Council Occober 11, 1993 11. ORDINANCE NO. 726 - SECOND READING - Approving Development Agreement 93 -DA -4 for General Plan Entitlements. Applicant: Heartland California Beaumont LTD. Location: CFD 93 -1 Improvement Area 5. 12. ORDINANCE NO. 727 - SECOND READING - �1 Agreement 93 -DA -5 for Specific Plan High 60 Associates (Rolling Hills CFD 93 -1 Improvement Area No. 4. 13. ORDINANCE NO. 728 - SECOND READING - Agreement 93 -DA -6 for Specific Plan / Coscan /Stewart Partnership. Location: y Area No. 3. Approving SP -92 -2. Ranch). Approving SP -88 -2. CFD 93 -1 Development Applicant: Location: Development Applicant: Improvement Mayor Leja said that on Agenda Items 8 through 13, which are second readings of ordinances on development agreements, if there were no objections from the Council or anyone in the audience, she would entertain one motion for all items, both to read by title only and to adopt at second reading. Motion by Council Member Bray, second by Council Member McLaughlin, to read Ordinance Nos. 723, 724, 725, 726, .727 and 728 by title only. AYES: Council Member Bray, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Ordinance Nos. 723, 724, 725, 726, 727 and 728 were read by title only by the Deputy City Clerk. Motion by Council McLaughlin, second by Council Member Parrott, to adopt Ordinance Nos. 723, 724, 7259 726, 727 and 728 at their second reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 14. ORDINANCE NO. 730 - SECOND READING - Prezoning 9,117 acres from Riverside County M -M (Manufacturing- Medium), M -H (Manufacturing- Heavy), M -RA (Mineral Resources and Related Manufacturing), W -2 (Controlled Development) and W -2 -160 (Controlled Development, 160 acres minimum lot size) to City of Beaumont SPA (Specific Plan Area) (92- RZ -2). Applicant: Lockheed Corporation. Location: At the southerly terminus of Highland Springs Avenue, southeasterly of the existing Beaumont Corporate Limits (92- ANX- 2 -53). Motion to read Ordinance No. 730 by title only. Motion by Council Member Bray, second by Council Member Parrott, to read Ordinance No. 730 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. Motion to Adopt Ordinance No. 730 at its second reading. Motion by Council Member Parrott, second by Council Member McLaughlin, to adopt Ordinance No. 730 at its second reading. Page 4 B umont City Council O,-ober 11, 1993 AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 15. ORDINANCE NO. 731 - SECOND READING - Adopting Development Agreement No. DA -7 Between the City of Beaumont and the Lockheed Corporation (Pursuant to Government Code Sections 65864 - 65869.5). Motion to read Ordinance No. 731 by title only. Motion by Council Member McLaughlin, second by Council Member Brey, to read Ordinance No. 731 by title only. There being no opposition, motion carried 5 -0. The ordinance was read by title only. Motion to Adopt Ordinance No. 731 at its second reading. Motion by Council Member McLaughlin, second by Council Member Brey, to adopt Ordinance No. 731 at its second reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 16. ORDINANCE NO. 732 - SECOND READING - Authorizing the Execution and Delivery of an Installment Sale Agreement and Authorizing and Directing Certain Other Actions with Respect Thereto. Motion to read Ordinance No. 732 by title only. Motion by Council Member Brey, second by Council Member McLaughlin, to read Ordinance No. 732 by title only. There being no opposition, motion carried 5 -0. The ordinance was read by title only. Motion to Adopt Ordinance No. 732 at its second reading. Motion by Council Member McLaughlin, second by Council Member Brey, to adopt Ordinance No. 732 at its second reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Council Member Russo called attention to an agenda format used by the Finance Committee, which is included in the Council agenda packet, which also includes a notes /comments section of action taken by the Finance Committee. He continued if there was any other information the Council would like to see in future reports, the committee would like to know that. There was a previous report relative to the investment and portfolio policies, and the City Treasurer will also be presenting a report. Mr. Russo said their concern as a committee at this point is whether or not, through this agenda and through memorandums, the committee is giving adequate information to the Council. Page 5 17. Reports and Appointments. a. Report from Finance Committee. Council Member Russo called attention to an agenda format used by the Finance Committee, which is included in the Council agenda packet, which also includes a notes /comments section of action taken by the Finance Committee. He continued if there was any other information the Council would like to see in future reports, the committee would like to know that. There was a previous report relative to the investment and portfolio policies, and the City Treasurer will also be presenting a report. Mr. Russo said their concern as a committee at this point is whether or not, through this agenda and through memorandums, the committee is giving adequate information to the Council. Page 5 B Dumont City Council G_-ober 11, 1993 He then proposed that in the future these reports be included on the consent calendar and if there is a question that needs to be addressed it can certainly be taken off for discussion. b. Report from Sign Committee. Ernie Egger reported the sign committee is making good progress in terms of updating the City's sign codes, and they should have a complete draft available for both the committee and the Council to look at later this week. They �-- hope to have it before the Planning Commission in just a matter of weeks, and then subsequently to the Council for adoption. The focus the committee is taking on the code is both on new signs and the aesthetic characteristics associated with development that may occur in the future, as well as bringing current signs in the City into conformance With this code. Additionally, to eliminate many of the obsolete signs that exist. In looking at sign standards in the commercial area an approach has been suggested whereby they create segregated standards for different parts of the community. For example, the Beaumont Avenue corridor will have different standards from the other commercial corridors in the community. Similarly, the antique district downtown will also have a different look and a different type of standard. From a design standard they feel this is a pretty good precursor for design standards which they think will; be developed in the future through redevelopment and other activities for these individual enclaves within the community. With respect to the overall zoning ordinance, they feel this is a good first step for an overdue update of the zoning code in its entirety. Another area being looked at is non - conforming use standards. It is their hope in the next year or two, on a continual basis, to bring sections of the code up to modern standards. The City Attorney said if they are not going to allow people to have signs hoisted any distance in the air, can the City request CalTrans to put signs on the freeway indicating what services are available at the next offramp, including the name of the business. C. Update on Status of Wastewater Treatment Plant. David Dillon presented a lengthy report relative to the / status of the wastewater treatment plant construction. A copy of this report is attached hereto and made, "a part hereof by reference. Following Mr. Dillon's report, a number of questions were asked and statements made by members of the Council. This is a matter of record on the recording of the meeting, and available on request. d. Appointments to Ad Hoc Committee for Business License Ordinance Review. Mayor Leja stated there are a couple of issues involved in forming this committee. One is the City has a real problem with businesses opening up without business licenses, and it is difficult to get them to come in and do everything legally, and that is not fair to the honest business person who follows all the rules. Secondly, when people do come in to start I a new business, Page 6 P umont City Council 0-6ober 11, 1993 they are completely confused by the paperwork that exists and the fee structure. So these are the two main issues to be addressed by this committee. Mayor Leja then announced the following appointments to the Ad Hoc Committee: Mr. Jim Love, Love's Sporting Goods; Ms. Vicki Oliver, The Huntress Styling Salon; Mr. Mike Martin, Southern California Edison, ECOPAC and the Chamber of Commerce; Mr. Richard Sandoval, of ECOPAC; Mr. Robert Sherwood; Ms. Terry Thompson, Business License Clerk; Captain Jim Cook, Riverside County Fire Department, Beaumont Station 66; Council Member Don McLaughlin; Alan Kapanicas, Interim Administrative Services Director; Ernie Egger, Planning Director. Mayor Leja then requested a status report from this committee in two months. CONSENT CALENDAR - a. Approval of Minutes of Regular City Council Meeting of September 13, 1993. b. Approval of Warrants and Payroll. C. Consider Approval of Memorandum of Understanding between the Beaumont Police Department and Beaumont Unified School �. District for the Purpose of Jointly Coordinating Efforts to Improve School Area Safety, and Authorization for Chief of Police to Execute Same. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt the consent calendar as presented, with Item No. 18.d removed. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 18.d. Receive Investment Report. Mr. Donald Keesling, City Treasurer, presented a ;report concerning the City's investments, stating the report shows all the investments, but wanted to clarify that the CDs which are listed are as of September 22, 1993, and there is one CD o� C which matures on September 23 which is not listed, so it appears to be inconsistent. The reason that was left off is because as it matured it was moved into the General Fund to account for the cash flow needed this time of year. The next report will list the activity, and the change in the investments will be shown, and will be a more meaningful report. Motion by Council Member McLaughlin, second by Council Member Parrott, to receive the investment report. There being no opposition, the motion carried 5 -0. 19. Closed Session at Discretion of Council. There was no need for a closed session. Date set for next regular Council Meeting, Monday, October 25, 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. tfully s bmitted, puty City Clerk Paqe 7 STATUS REPORT City of Beaumont Stage I Wastewater Treatment Plant Expansion TO: Mayor and City Council FROM: CPFFP Project Manager DATE: October 11, 1993 SUBJECT: Phase I and II Status and Construction Schedule BACKGROUND: On September 13, 1993 the City Council approved a contract with Lee and Ro Consulting Engineers, Inc. (Lee nd Ro) to provide wastewater engineering design services for the Stage 1 expansion of the City Wastewater Treatment Plant (WWTP). The Council also directed Staff to bring back monthly status reports on the WWTP design and construction, of which this report is the first. PHASE I CONSTRUCTION STATUS: Phase I construction involves rough grading the site for the new WWTP and installation of storm drain and erosion control facilities. Rough grading of the site began on August 31, 1993, with final completion of grading and installation of storm drain and erosion control facilities expected by October 22, 1993. Thus, erosion control facilities will be completed prior to the seasonal likelihood of rain. Phase I Construction was publicly bid as an independent bid package, aside from the remainder of the facility improvements, based on the following factors: • The Regional Water Quality Control Board was no longer prepared to accept the word of the City that progress on WWTP construction was being made based on past experience. Written and verbal communication from the Regional Board threatened potential fines of $10,000 per day if substantial tangible progress was not made. The Regional Board staff took into consideration the Phase I Construction project and the sale of the sewer enterprise revenue bond in making their favorable recommendation on the waste discharge permit and compliance schedule which was approved by the Regional Board on September 10, 1993. • The rough grading plan was designed by Trans - Pacific Consultants (TPC) based upon preliminary engineering studies prepared by Lee and Ro pursuant to their proposal approved by the City Council on February S, 1993 and ratified on September 13, 1993. The preliminary engineering studies were used to obtain Regional Board approval of the waste discharge permit. • The City was not obligated to pay nor did it pay for any consultants to work on the rough grading plan or preliminary engineering studies prior to the sale of the sewer enterprise revenue bond. All consulting work done between November 1992 and the pricing of bonds in August 1993 was at risk for the consultants in terms of ultimate payment. The City fully recovered all administrative costs associated with Phase I Construction through the sewer enterprise revenue bond. • , The timing of the Phase I Construction project coincided with the overall schedule approved by the Regional Board. Grading and erosion control measures will be completed prior to the rainy season which begins on November 15 and Phase II construction will commence following the end of the rainy season on March 15. The City will complete the Phase II treatment plant design as provided in Task Order Two of the agreement with Lee and Ro by February 15, 1994. • The City realized savings in the cost of the Phase I construction as opposed to bidding Phase I and Phase II at the same time. The cost savings resulted from time savings since a ninety (90) day - one hundred twenty (120) day lead time would be required to bid and complete Phase II following completion of Phase I, and from the fact, that a general contractor fee was eliminated from the Phase I scope of work. The schedule for completion of Phase I Construction, prepared by Geotechnical and Environmental Engineers, Inc. in memo form, is attached. PHASE II CONSTRUCTION DESIGN STATUS Phase II Construction will consist of precise grading the project site and installation of the new WWTP facilities. The City approved design of the Phase II Construction project on September 13, 1993 based on the following considerations: • Considering the significant cost and need for approved Regional Board design criteria, authorization to proceed with detailed design was issued only following approval of the waste discharge permit by the Regional Board and following the availability of funds. • Relocation of the WWTP site from the "west mesa" to the "east mesa" to result in significant cost savings due to the elimination of pump stations, pipelines and access roads. • Downsizing the WWTP from 3.0 MGD to 1.5 MGD, conversion from oxidation ditch to activated sludge technology and utilization of certain existing facilities to save costs. • The new plant on the east mesa will cost approximately $6.2 Million as compared to the projected $20.0 Million plant which was previously designed on the west mesa. 2 • Although certain aspects of the previous design effort have been utilized, the need to downsize the WWTP and to save costs by relocating the site and changing the plant technology required a total redesign of the WWTP. Wherever possible, prior work such as the Environmental Impact Report, has been utilized to the extent feasible. • The Phase II Construction schedule as prepared in memo form by Lee and Ro is attached and has been encapsulized in the Regional Board waste discharge permit and agreement with Lee and Ro. SEWER MASTER PLAN STATUS The recently approved CFD Development Agreements require participating landowners to fund the update of the City Sewer Master Plan (SMP) by TPC. The existing SMP was prepared -by Willdan and Associates in 1983. Since that time significant changes in the General Plan and City sphere of influence have occurred resulting in the need for a new SMP. The new SMP is being funded by CFD 93 -1 landowners at no cost to existing residents. The new SMP will include modeling of the existing sewer system which will be formatted on the City Geographical Information System (GIS), and will establish a plan which will be used to guide new development, make improvements to the existing City sewer system and serve as the basis for the calculation of future impact mitigation fees on new development. In 1991 the City authorized $85,000 to prepare a new SMP but did not issue a notice to proceed with the planning effort. The existing CFD 93 -1 SMP budget is $70,000. A status report and schedule, prepared in memo form by TPC, is also attached. Respectfully submitted, David W. Dillon Planning Consultant &I. Geotechnical & Environmental Engineers, Inc. October 11, 1993 7 Mr. Dave Dillon Urban Logic Consultants 27463 Enterprise Circle West Temecula, California 92590 SUBJECT: PROTECT STATUS Phase I Construction for Wastewater Treatment Plant Site CFD 93 -1, W.O. #435 -901 Beaumont, California Work Order No. 324301.80Z(revised) Dear Mr. Dillon: We have prepared this letter to update you on project status. As of October 8, 1994, the following are the items and their current status: 1) Rough grading of the site is complete. 2) Concrete V- ditches and the concrete lined detention basin are complete. 3) The hydroseeding of slopes is scheduled for October 12, 1993. 4) The placement of the erosion control (sandbagging) is scheduled for October 11, 1993. 5) Compaction testing of the site has been completed, with favorable results and the Rough Grading Report is due from G.E.E on October 18, 1993. 6) TPC survey has completed the areal flight of the site, pad certification and excavation quantities are scheduled to be issued by October 22, 1993. '-y;! i:l:I�'I'1'1��'l (1'.l, . A', 1,'iili'. Mr. Dave Dillon Urban Logic Consultants October 11, 1993 Page 2 This opportunity to be of service is appreciated. If you have any questions or comments, please call. Sincerely, GEOTECHNICAL & ENVIRONMENTAL ENGINEERS, INC. -z" ames R. Harrison Construction Manager cc: Jim Streit - TPC Chris Krall - GEE Rob Manning - GEE Dennis Janda - TPC Ed Baldi - Baldi Bros Deepak Moorjani - GEE r% OCT 11 '93 09: 31AH LEE 3. RO P. 2/3 P.O. Box 93070 City of Industry, CA 91715.3070 JAq Tel., LEE c RO (818) 912 -3391 GT FAX (818) 912 -2015 Consulting Engineers, Inc. 1199 South Fullerton Road, City of industry, CA 91748 MEMORANDUM TO: Dave Dillon, Urban Logic Consultants FROM: Victor Bringle, LEE & RO SUBJECT: Phase H Construction Schedule and Progress Report No. 1 DATE: October 11, 1993 The following schedule of major work product deliveries or events are presented for your review and comment. Although the schedule is very tight, LEE & RO have committed resources to the design of the Beaumont Wastewater Treatment Plant Expansion project to achieve the intent of the schedule. 1, Monday, November 1, 1993. Determine the most economical and engineeringly feasible alternative between upgrading and expanding the existing wastewater treatment plant or constructing a new wastewater treatment plant with a capacity not less than 1.5 mgd. 2. Monday, November 22, 1993. Submit to City 50% complete plans and specifica- tions for review and comment, 3. Monday, January 17, 1994. Submit to City 90% complete plans and specifications for review and comment. 4. Tuesday, February 15, 1994. Submit to City 100% bid documents for advertise- ment for bids from contractors. 5. Tuesday, March 15, 1994. Start Phase H construction of the Wastewater Treatment Plant, 6. March 15, 1995. Complete construction. 7. June 1, 1995. Full compliance is required by the NPDES Permit. 8. Monthly progress reports will be submitted to the City. NBPROA29411ETTERMODSCX.004 c A OCT 11 '93 09:3181 LEE & RO P.3 /3 PROGRESS REPORT—N-0. 1 October 8. 1993 PROGRESS REPORT NO. 1 The terms and conditions of the contract between the City and LEE & Ro have been negotiated. The contract has been signed by LEE & RO, and is ready for City signature. Based on the motion by the City Council on September 13, 1993 to authorize the Mayor and City Manager to execute the contract, LEE & RO has proceeded with the design of the facility. Initial engineering calculations, process selection, site placement of plant components, and one line process flow diagrams have been prepared for alternate cost comparison to determine the most feasible construction alternatives, individual plant components are being sized. As soon as the resurvey of the site showing the modified ground contours after completion of the preliminary grading project is available within two weeks, LEE & RO will be ready to finalize the conceptual design and proceed with the working plans. _7 _ M:kPR0l',264\LETTERS:DD9CH.006 27447 Enterprise Circle West 'I'en►ccula, CA 92590 USA Tel. (909) 676.7000 Fax (909) 694.8413 Trans - Pacific C011I91AITI Mr. David W. Dillon Urban Logic Consultants 27463 Enterprise Circle West Temecula, California 92590 October 8, 1993 SUBJECT: STATUS AND SCHEDULE OF SEWER MASTER PLAN Dear Mr. Dillon: We have prepared this letter to update you on progress and prepare a proposed schedule for the Sewer Mater Plan. 1) Aerial photography for City of Beaumont base map flown week ending October 8, 1993. This will show the existing manholes, houses and topography. Mapping results are expected in approximately three weeks. 2) Reviewed City of Beaumont Sphere of Influence Map adding known properties of anticipated CFD 93 -1. Met Larry Laws of City of Beaumont October 5, 1993 to get his thoughts on this subject and discuss options. 3) Meeting with Vic Bringle of Lee & Ro October 12, 1993 to discuss future WWTP size and alternatives. 4) Review old Wildan master plan documents, week ending October 22, 1993. 5) Compute existing sewage flows based on line size, slope and users after receipt of base map, week ending December 3, 1993. 6) Compute sewage flows for each proposed property owner involved with CFD 93 -1, week ending December 3, 1993. 7) Estimate sewage flows for undeveloped acreage within City boundary, week ending December 3, 1993. 8) Compute pipe sizes and upgrades needed for City, week ending December 17, 1993. 9) Estimate sewage flows for undeveloped acreage within City sphere of influence, week ending January 14, 1994. Mr David W. Dillon Urban Logic Consultants October 8, 1993 Page 2 10) Compute pipe sizes for undeveloped acreage within City sphere of influence, week ending January 21, 1994. 11) Prepare written report outlining findings, week ending February 11, 1994. 12) Meet with City officials to discuss report, week ending February 18, 1994. Time frames for each step are estimates and may change. If you have any comments or questions please call. Sincerely, TRANS- PACIFIC CONSULTANTS )ames A. Streit, P.E. Project Manager cc: Greg Aguilar, TPC BEAUMONT REDEVELOPMENT AGENCY MINUTES OF OCTOBER 25, 1993 The Beaumont Redevelopment Agency met in a regular meeting at 8:49 p.m., on Monday, October 25, 1993, in the City Council Chambers, with Chairperson Leja presiding. On roll call the following Agency Members were present: Brey, McLaughlin, Parrott, Russo and Chairperson Leja. 17., Clerk's Affidavit of Posting the Agenda. Motion by Agency Member Brey, second by Agency Member McLaughlin to dispense with the reading of the Clerk's affidavit of posting. There being no opposition, the motion carried 5 -0. 18. Adjustments to Agenda. There were no adjustments to the agenda. 19. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. 20. Approval of Minutes of Regular Meeting of August 23, 1993. Motion by Agency Member Parrott, second by Agency Member McLaughlin, to approve the minutes of August 23, 1993 as presented. There being no opposition, the motion carried 5 -0. 21. RESOLUTION NO. RA 93 -6 - Consenting to Holding a Joint Public Hearing with the City Council on the Adoption of the Redevelopment Plan for the Beaumont Redevelopment Project and Authorizing Publication and Mailing of Notices of Joint Public Hearing Staff Recommendation: Adopt Resolution No. RA 93 -6. Motion by Agency Member McLaughlin, second by Agency Member Parrott, to adopt Resolution No. RA 93 -6. AYES: Agency Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. There being no further business to come before the Agency, the meeting was adjourned at 8:50 p.m. Respectfully submitted, w ecretary BEAUMONT CITY COUNCIL MINUTES OF OCTOBER 25, 1993 The Beaumont City Council met in a regular meeting on Monday, October 25, 1993, at 6:05 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. Motion by Council Member McLaughlin, second by Council Member Russo, to dispense with the reading of the affidavit of posting. With no opposition, the inot.ion carried 5 -0. 2. Adjustments to Agenda. There vin re no sadjus tin ents to the agenda. 3. ORAL COMMUNICATION: There was no one requesting to speak under oral communication. PUBLIC HEARING: 4. TENTATIVE TRACT MAP 24039 AND NEGATIVE DECLARATION 93- ND -24. Consider Revision of a Previously Approved 602 lot subdivision on appr.oxirnatety 176 acres. 89- TM -3(R). APPLICANT: Cosc;san,/Stewart Partnership (Three Rings Ranch). LOCATION: On �? the northerly side of the I -10 Freeway and westerly of EIin Avenue. The staff report was received from Ernie Eggec, Planning Director, a copy of which is a matter of record in the Cler'k's file. St,if f recoinmendsat.i on was to adopt Negat i ve Declarati on 93- ND -2 %4 and approve revision of Tentative Tract Map 24039 by approval of Tentative Tract No. 89- TM -3(R) subject to staff's recommended conditions of approval as amended by the Planning Commission. Additiona.l.ly, staff recommended the addition of Condition No. 1.9 to include reference to the design manual to make it clearly understood that the design manual goes along with action on the project, and will be the guiding element in terms of design as the project is fully d e v >l.oped. Mr. Preston Gibson, representing the applicant Coscan /Stewart Partnership, addressed the Council, indicating their idea was to provide a better design to the community. He then commented on a number of changes which were made to the plan to provide better traffic circulation, additional buffer of sound from the freeway and safety within the development by the addition of more cut -de -sacs. Mr. Fred Cunningham, the site planner, walked through the plan for the benefit of the Council and audience. The puhLic hearing was opened at 6 :30 p.m. Mr. Max Marquez, 374 Williams Street, San Leandro, California: i just bought a property on Eighth Street, the last house on the left side. I spent a lot of money to remodel the two houses and Page 1 Be -;nnnt City Council. 11 oer 25, 1993 1 just wondered what is happening with those properties. And my sister, sh- bought another fourplex right across the street from me. Acid she spent a lot of money to rent those apartments, acid I wonder what is going to be with those apartments. Will we be able to keep them or what. Mayor Leja: Can you show us on the map where you are talking about so I can get a better understanding how it relates to the development. Is that the end of Eighth Street. Mr. Marquez: Eighth Street, the last house on the left side. Mr. Egger: I think we are talking about this general area. Mayor Leja: And you want to know how this development will affect yours. Mr. Marquez: Yes. Mayor Leja: Or affect your two houses arid your duplex. Councit Member Russo: It. should increase in value. Council Member McLaughlin: Yes. Mr. Egger: It really won't have a direct effect per se, because ohvioiisly oII of the sits development and grading i:; contained within the project itself. I think what will happen is the character of the neighborhood will change by virtue of the fact that you witl have substantial new development in the area with landscaping and new roadways and things along those lines. Beyond those qualitative kinds of consideration, physically there will be no effect. Mr. Marquez: My sister and her fourplex, she just bought that property too, and she wants to know - she come from LA, and she 11 as t h i S. Mr. Egger: What this is, is a public_ hearing notice which goes out to all property owners. If you have the envelope with the address on it I can figure out where it is, but I can't really tell from this. 141'. Marquez: (Speaking with his sister in the audience). 536 Eighth Street.. affect his property as far as traffic and some of those issues, Mr. Egger: Again, I think, I believe that is off the property, SO again, physically, there is no effect, and your property isn't being affected in any way. property just because it is a Mayor Leja: Will there be any increased traffic that will be affecting his particular piece of property. Mr. Egqec: Yes, there will be a certain amount of increased traffic, certainly, from this development. Mayor Leja: We are getting some conflicting heads going here, let's hear from their traffic engineer. How will it directly affect his property as far as traffic and some of those issues, and then we will look at that as compared to the positives that it will give to your neighborhood too, because we might see the improved traffic conditions might even help your property just because it is a new road, so let's find out. 1.1r. Marquez: Okay. All right, thank you. 11r. Egger: Perhaps we could have the traffic engineer come up arid he could discuss the before and after traffic volumes on F i ghth Street a ; n resiil t of the project. Paye 2 Hpoitim""l City Cuunu i [ Oct -her 25, 1993 Mayor Leja: Why don't you come up here so we can hear what is going on too. Unidentified speaker: We are just trying to get a location. Mayor Leja: Okay. Mr. Egger: As I have been able to figure out I believe we are talking about an area on Eighth between Elm and the project. Mayor Leja: What we could do is go ahead and continue with the public hearing and take a brief recess, or if you like take a brief recess, or are you ready. Mr. Egger: I think they are done. Mayor Leja: Okay, let's continue. Todd Salvagin, Linscott, Law and Greenspan, Costa Mesa: Good evening Madam Mayor, members of the Council. The gentleman has a concern - his house is located west of Elm Street, north of Eighth Street. To point it out on the map, generally he is in that area. There will he an increase in traffic_. Obviously the traffic flow from the existing plan as it is shown - there are two entrances to the project, Three Rings Ranch Road and up to the north, in the northeast corner, there is Lana Way. The breakup of traffic is about a 15/050, so there will be an increase in traffic along the gentleman's frontage, being Eighth Street. Mr. Egger: It should also be noted, Todd, and you might want to address this as well, that ultimately Ring Ranch Road wi11 be connected up towards 14th, and will have direct access out of the neighhorhood without going back the other way, and I think the general traffic and commuting pattern will probably be more towards the west, so upon the completion of that link probably a per.ponderance of the traffic will be heading north to 14th. Mr. Salvagin: Mr. Egger is correct in saying that it will connect - Rings Ranch Road will eventually connect to 14th Avenue. Mayor Leja: Show me Rings Ranch, is that at the bottom . . . Mr. Salvagin: That is the one that goes parallel along the 10, correct. That will eventually connect to 14th giving access to, in essence, another interchange besides off of Beaumont Avenue. It should also be added, as Ernie had discussed earlier, that there is proposed in the future - not due to this project - a redesign of Elm Street to promote through traffic. However, where the gentleman is located is in essence just off of the project. The increase, in our opinion, insignificant because there is no significant levels of service change in that area. We have analyzed both Elm Street, Eighth Street, VieIe, etc. Mayor Leja: Explain that to me again, except in lay terms. Mr. Salvagin: Okay, what we have done is we have taken existing counts of the amount of traffic that is out there during the a.m. and p.m. peak hours. We then, on top of that traffic, overlay a regional growth. In this case we overlaid a 1% growth throughout the City of Beaumont and the areas that we studied. We then take the project traffic that is going to be generated for this - for instance, for the 629 units that are proposed, them wi 11 be a total of - and thi s i s i n and out - 435 vehicles during the a.m. peak hour, and 605 vehicles during the p.m. peak hour. That breaks up into approximately 402 and 200 during the p.m. peak hour, which is, in typical cases, the major concern when people are trying to get home from work. In the area in question, because the freeway is located just a Page 3 iie.cuM"nt City Counc i l Ucf nb" r 251 1993 little, hit to the south of the project, there is an interchange there. !hat is where the most attractiveness, for people of thi:3 proposed project to be located, and to use as a circulation element. Now they will have to travel in front of Eighth Street, that is its main entrance, so I cannot tell you that they will not go there. Mayor Leja: And can this benefit him in any way. Mr. Salvagin: I would not say it would benefit, but I would also say it would not deter either. Mr. Egger: Ultimately, with the project's participation in funding the circulation system in the area, including cleaning up the interchange area where Viele and 6th and Highway 60 and I -10 converge, there will be some neighborhood benefits realized by virtue of having a funding source to clean up those areas by realigning and redesigning Elm Street as well. Todd referred earlier to the concept of level of service, and by that, basically - or that is basically a measure of whether or not a street functions within accepted engineering principals in terms of capacity, and the analysis did show that the roadway presently functions at an acceptable level of service, and also suhsequent to project implementation will operate at what is considered by standard traffic engineering principals to be an acceptable level of service. Mayor. Leja: That area down there does need a lot of work, with traffic and . . . . Council Member McLaughlin: Just as a comment, to me I can understand his concerns, but I think what this project is going to do is actually increase the value of his property, without realty any bad affects, it is going to be an improvement. So I think if I were in that area I would sort of welcome this project as well designed as it is. Mayor Leja: Sir, is this answering any of your questions and concerns. Mr. Marquez: Yes, it is Fine. (Mayor Leja: And how do you feel about it. Are you okay with it, or. . . Mr. Marquez: Well, I wa.; told they were going to use our property to make a new road. Mayor Leja: They were going to use your property. Mr. Marquez: That was what I was told. As long as it benefits everyone, you know they clean up and they make a new road, more benefits for the City and for the residents. I agree with it, and have no prohlems. Mayor. Leja: Who told you they were going to take your property. Mr. Marquez: Well, I was misunderstand. They was going to make a new road. Maybe they was going to turn my property down, you know like a lot of them do to make a new freeway, new roads, you know they come in and take your property and reduces the value, that is what. I was told. Mayor Leja: Oh, okay. Go ahead Matt. Council Member Russo: On the traffic, one more time here. I am looking at this map here and I am seeing Eighth Street right here, and Elm Avenue. Now how many cars did you say at the peak hour would he coming nut Fighth Street.. Page 4 lienrimnnt City Counc i l Octnher 25, 1993 Mr. Salvagin: Okay. With a phone two corning out of Eighth Street, at that particular intersection, which we analyzed, you have got during the a.in. peak hour 170 cars approximately. Council Member Russo: 170. I thought you said 400 and something. Mayor Leja: I thought it was 470. Mr. Salvagin: No, I gave you the total generation. I am breaking it up into that area specifically that you asked. Mayor Leja: For that particular area. Council Member Russo: Okay, so you have 100 and some coming out this one, and the rest of them will come out the other exits. Mr. Salvagin: During a.m. peak hours. There are other entrances to the project. Council Member Russo: If you were going to tell me you were going to run 400 cars out of there, someone is going to have to build a road. Mayor Leja: Yes, I thought 400 going through there, that is pretty significant. is completely built out, you are saying Mr. Salvagin: That was a total generation of the project. Councit Member Russo: One other question. You were saying that people will come out this Eighth Street exit from the subdivision. . . Mr. Salvagin: Correct. Council Memher Russo: And where are they going to go to get on the freeway. Mr. Salvagin: Okay. What we have analyzed, they wilt use Viele to the south to come up next to the 10/60 interchange element, right there. And that will give them access to both of the major circulation elements. Council Member Russo: I thought I heard you say something about Viele being closed off. Is that correct. Mr. Egger.: That is a potential future solution to reconfigure the entire traffic in that area, but that hasn't been tied down fulty, but we do recognize that ultimately we are going to have to develop some alternatives in that area. Councit Member Russo: Let me see if I understand you one more time. When this thing is completely built out, you are saying 188 cars at peak hours are going to come out this exit. Mr. Salvagin: Correct, during the a.m. peak hour exiting the project. And then you will have off of Lana, etc. Mayor Leja: A.M. peak hours. What is P.M.? Mr. Salvagin: Exiting during the p.m. peak hours, approximately 120, because people - your driving characteristics during the a.m., everyone is trying to go to work. That is when the major exiting problem is. I,ouucit Member Russo: At what point should we be addressing what needs to take place here on Viele and Eighth in order to move traffic out of that development. Mr. Egger: I think the point that we are going to be addressing it is when we start working on a citywide traffic model that we Page 5 e, Hfe, im u nt C i t Cocinc. i I Oct i�r 25. 199 i ar.e going to be funding through CF 93 - -1 bonds. All of these little circulation problems in the community will be addressed at that time as we look at the ultimate circulation system. We will take those solutions that are developed out of that modeling exercise, assign responsibility for constructing the ultimate system on a per unit basis to all of the future development to occur in the community, including this project, and hegira to collect funds to improve those situations. But. the actual identification process will occur within the next six to nine months. Mayor Leja: Can I ask you a question. That same area - you know there is an elementary school near there. Arid like Matt was pointing out, there is going to be a traffic mess there potentially, unless we go ahead and clean up that area early on. Mr. Egger: Yes. Mayor Leja: Because, you know, we don't want to be like Temecula or any of those areas where they built the roads after the fact. We need them built when the development is occurring. Also, have we gotten any comments from the school district regarding that Weltwood site, because they have tossed around the iden of even closing it down, and some of these fear:3 might be Mr. Egger: I believe the City owns the property as well. Council Member Russo: Excuse me. Mr. E g g e c : I believe the City owns that property as well. Mayor. Leja: We do? We own it? Which box did you find this inforination in. Hr. Cgger: It is right on this map over here. PrHston Gibson: I met with the school district a couple of months ago to talk about the elementary school site that we have in our project, and at that time they advised that they were thinking of selling that school site, so they didn't know they didn't own it or not, but they are thinking of closing it because it is a very small school. It is substandard size. Mayor Leja: Let's go on with the public_ hearing, and then we w l l cict i nto . . . Counr.,i l Member Russo: Uric more question. What is the traffic on Eighth Street, just for fun. Three at the peak hour. Mr. Salvagin: In essence, you are very correct in saying that it is very low. During the a.in. peak hour, you are looking at eleven vehicles. (', r) llnc i 1 Meinhi ,, r Russo: The next quest i on wi t I coine up, you 'snow, what kind of base do we have under the road - I mean all kind!, of questions are coming up now, when you increase from eleven cars to 200 cars at the peak hour. Mayor Leja: What would be the impact on the cur cent residents down there in that particular area. I see there will be a lot of positive things, but I can still see there are a lot of issues that need to he worked out too. Mr. Egger: The studies show that froin a pure traffic eII(Iinecrinq p(- csl)rct,ive, the volll Ill 0S work anti the roadways wor',<. Obviously, there is a qualitative impact by virtue of having more traffic_ in front of your front door, and that is not perceived as a positive thing of course in itself. Council Member Russo: Just one more question. I think the pn i nt we are al l lead ng to here i s that whatever we are goi ng Page 6 2.';1 Octuh"r. 252 1995 to do to address the issues of the quality of the road, and whatever has to take plane, needs to coincide with the development of that project. So somewhere in the calendar ing, if you are scheduling all. of these things, we don't want to have a really nice housing project being built, and then, you know, six months down the road we have got a road that has deteriorated at its entrance or its exit, for either the existing residents or for the new people, I am sure, from a marketing point of view alone. You wouldn't want to have people leading into a new subdivision on a substandard road, so I just want to make sure that we are all talking the same language. Mayor Leja: Now - they will be bringing back - they will be revising this map, so we would be looking at visiting that area so far as that circulation element when the CFD goes through and when we do the traffic model, and they can't build their development, frankly, until a lot of this is done. Correct? Mr. Egger.: Yes. A lot of CFD improvements are required for this project to be operational. I think, you know, just to kind of run through the sequence of events as they will unfold relative to constructing traffic improvements in the City, we will soon proceed with preparation of the model which will give us the analysis to determine what improvements are necessary and what those solutions are. Part of that process, in developing the program, we will also determine what the fair share of this project and other projects are in completing those improvements, what the priorities are on a citywide basis, what the timing needs are on a citywide basis, and obviously, in this area, with development imminent, this becomes a rather short term priority and one of the first things that needs to be funded through this program. So, I think that is how we address it. Mayor l.eja: It seems like that whole area down there, regardless if the development occurs or not, that whole area down there needs to be cleaned up as far as access from the freeways and . . Council Meinher. McLaughlin: It is in our redevelopment area. Mr. Egge r: It is also in the proposed redevelopment area, so that gives us another administrative tool to be able to go in t lie re and make changes. Elm Avenue is an issue regardless in the General Plan because the General Plan calls for i t to be a through roadway, upgraded suhotantiatty, so in order for that to happen all of the other roadways in the neighborhood need to be reconfigured to make the thing work, and it really is a priority item in that area. Mayor Leja: So what we are saying is - upgrading, improving the streets in that complete neighborhood to develop part of that neighhorhood that presently exists, that is definitely a priority. Okay. We are still in public hearing, so I need to know if there is anyone else wishing to make a comment on this item. Do you have anything else you want to say. Then come on up. Mr. Mar(Iuez: Sorry for. my engIish, its a little bit break, I don't speak too good . . . Hayor Leja: That's okay, I have a southern accent, I'll translate for you. Mr. Marquez: I wonder. - the older road we have now you know, they are not in condition for a lot of traffic, because I been seeing Eighth Street, a lot of time they got big holes in there with the traffic we have now. If we are going to get a lot of traffic, I guess they are going to pack it real good - the roads, and I don't know what we are going to put sidewalks because no Page 7 Octnhec 25, 1991 . one have a sidewalk in there. Mayor Leja: Sidewalks. Mr. Egger: Sidewalks is one of our redevelopment priorities in those areas, so we recognize the need to go in and place sidewalks in those areas, to correct sewer problems that are out there, to put in drainage structures that are necessary and in terms of evaluating pavement and base, the gentleman sitting next to me is going to be assigned that particular duty I believe, and one of the items on the agenda is to do a pavement management system citywide, where we evaluate physically the condition of the pavement and base of all the roadways in the City and begin to systematically upgrade those as well. Mayor Leja: He is not an attorney, I promise. Basically, what he is saying is yea, the roadways, that is the reason we included that particular part of town in our Redevelopment Agency, is so that tax increments - instead of raising your taxes to do this, through the Redevelopment Agency we will be upgrading the sewer lines in that area, putting in sidewalks, lighting to make the neighborhood safer, and other types of infrastructure - you know, curb and guttering so that we don't have the flooding problems, because I have been out there when it has been flooded. And that is the reason we have included that area in the Redevelopment Agency. You also better know too, the City Redevelopment Agency gave up all eminent domain powers, which means the City can't come in and take your house for the Redevelopment Agency. The ReUvelopment Agency can't come in and take your house because we gave up that authority in the residential areas. Okay. So be secure in that. But the reason we included that is simply so that we could make those improvements, pavements, so that the engineering is proper so that you don't scrape the bottom of your car when you pull out of your driveway. Mr. Marquez: Well, my point was, I agree to, you know, to bring the City in better condition, you know, like the house needs painting_ they will paint, it, if it needs stucco, they will go stucco, you know. And like we need sidewalks, you know. Because you know the way we are, you know. Not only in Eighth Street, in a lot of areas. But maybe one of these days we will go up and up and get it at that point. But the owner got to pay for that a lot of times - the owner has got to pay for the sidewalks. Mayor Leja: Well, right now, it looks like this particular development is going to he paying for the improvement of that ! ighth street area, right? Mr. Egger: They are on the hook, yes, for their fair share to pay for their level of impact, yes. Mayor Leja: Okay. So they will be paying, definitely, any impacts that they make on that community. Okay. Are there any other comments on thi s i tem. Any sun"est i on;, on how you wool d like to see this project made better. You have a problem with it. You like it. You don't like it. That is all I can do, is just ask. Well, I will give you one more chance. Anyone wishing to speak on this agenda item. Okay, we will close the puhlic hear_ i ng. The public hearing was closed at 6:53 p.m. There was a lengthy discussion period following the close of the public hearing during which Council Memhe:rs addressed certain areas of concern, including but not limited to, circulation, safe access to the proposed park site, an additional park or a school site to include open park spare, and a requirement for a park on the .school site whether or not a school is built with the possihility of a multi -use hallfield included. Page 8 Bpnumont. City Council. Oct Kee 25, 1993 Mr. Gih,on indlnaf-od the devaloper would he happy to work with the school district for open park spare wiLAN the school site, and the changes discussed by the Council could be followed through when the plot plan is reviewed. In relation to access to the proposed park site, Mr. Egger pointed out that the design of the park is to come back to the Planning Commission for review, and if the Council wanted a requirement to explore an alternative access to the proposed park, it could be done at that time. The meeting was recessed at 7:14 p.m., reconvening at 7:33 p.m. Discussion continued with Mr. Egger suggesting a condition which would embody the Council's previous discussion, as follows: An additional condition would be added to the occupancy conditions, and would become 6.9, reading "the need exists for the establishment of parks and recreational opportunities in the easterly portion of the project. Towards this end one of the following options; shall be required and shalt be agreed to by the City and the developer and as necessary the Beaumont Unified School District prior to issuance of the first occupancy permit. a. First option: The acquisition of a ten acre site by the Beaumont Unified School District and agreement by the District to allow joint parks and recreational use in perpetuity. b. Second option: In the event that a school site is developed but agreement cannot be reached for open joint use, the developer shall be required to develop the fully improved three acre active park site subject to design and locational approval of the Planning Commission. C. Third option: Development of a fu1Ly improved three acre park site subject to design and locational approval of the Planning Commission." Mr . Fg,le r poi nted out the only thing which has been lef t out i s at what point in the project the park will be required to be operational. Counc i I Memher Brey expre3snd his opinion that the park should be bui Lt in the first phase since it would be serving that area. This led discussion to the question of how many units could be huilt before the park is completed. Mr. Gipson stated that he agrees with the conditions that Mr. Eq(jer has presented, and the developer wi11 be happy to build a three acre park, as well as an overlapping baltfield and soccer field in that size, and a tot lot and other amenities. He did request they would like to have it conditioned upon further plot plan review by the Commission and /or the Council. Mayor Feja said in the event a school was not bui Lt, she would like to see a five acre park built. Council Member Brey wanted to know what was proposed in that area should a school site not be built, with Mr. Gibson indicating they would build single family homes and they would be happy to take out a number of those homes to accommodate the park site. Mr. Gibson went on to say that at the present time the development is above Quimby standards and they have a significant overage in park size. With this in mind, if they were to build a five acre park in the eastern part of the site, they would like to request to have a leeway on the existing park size which has been proposed, to build that a little bit smaller since a number of the residents would be using the park on the eastern part of the site. Page 9 iienum"nt City lrounc i l Oct her 25, 1993 Mr. Eggvr pointed out that, physically, in that particular area in which the eleven acre park is situated, either you develop or you don't develop, because if they lose park acreage in that area he doesn't think it will be replaced with development. Mr. Gibson said Mr. Egger was correct, it is just a matter of development cost, there will be no additional homes built there. Mr. Egger then said perhaps a level of improvement should be discussed, and obviously that entire area would still remain open space, but consideration could be given to minimizing the level of improvement on at least a portion of that and maintain some of it in a more natural condition rather than fully improving the eleven acres. Mr. Gibson added that than developed parks, around the perimeter developed park sites, a beautiful natural a minimize that site by couple of acres, then I of the site. his children play more in natural areas and studies show children play more if park sites more often than they do on D if a part of it was left natural, it is ea at this time, so perhaps they could the development of that property by a uitd a five acre park on the eastern part Mr.. Egger brought the discussion back to the issue at what occupancy permit does the park have to be completed in the event this park is required. On the eleven acre park it is tied to the 250th oce"princy permit, and it may he appropriate to lower that number for. the first phase park sirice all the development wilt occur, in this area, and they might want to make it commensurate with the units as they are occupied. Council Member Brey wanted to knoc+ where the park would be located, and how many lots it would take to get to the park. The area was outlined by use of the map for the benefit of the Council, with the number of units involved determined. Mr. Brey's concern was that he would not want children walking to the Park through a construction zone, as that would he more hazardous than having them walk on the main road to the other park. Mr. F(pp!r said an appenda(le would he added that required park i mprovements sha L l be camp Leted pri or to occupancy of' the Both dwelling unit. There was no further discussion. a. Consider Adoption of Negative Declaration 93 -ND -24 based on the finding that environmental impacts were considered and adequately mitigated with the Three Rings Ranch Environmental Impact. Report certified by the City Council on February 27, 1989. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Negative Declaration 93 -ND -24 based on the finding that environmental imparts were considered and adequately mitigated with the Three Rings Ranch Environmental Impact Report certified by the City Council on February 27, 1989. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. b. Approve Revision No. 1 to Tentative Tract Map 24039 by Approval of Tentative Tract Map 99 -TM -3R subject to the conditions of approval as amended by the Planning Commission. Page 10 B"ri _imun t City Counc i l Oct her 25, 1993 . Motion by Council Member McLaughlin, second by Council Member Parrott, to approve Revision No. 1 to Tentative Tract Map 24039 (89011-311), subject to amended Conditions of Approval to include Condition 1.9, design manual, and 6.9, setting forth the options for additional park space on the west side. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 5. PROPOSED PRE - ANNEXATION CHANGE OF ZONE 93 -RZ -7, NEGATIVE DECLARATION 93- ND -23, AND ANNEXATION 93- ANX -2 -54. APPLICANT: TMP Inland Empire, IV. Location: Southwesterly of the terminus of Highland Springs Road accessible via a private street, Circle C Road. A proposed pre- annexation zone change on 320 acres from Riverside County W -2 (Controlled Development) to City of Beaumont R -SF ( Res ident.ial Single Family - 2.3 dwelling units per acre) in conformance with the City's General. Plan (93- R7_ -7); Proposed annexation of the property into the City of Beaumont (93- ANX- 2 -54); and Adoption of Negative Declaration 93 -ND -23 wito a finding that the proposed actions will not have a significant impact on the environment. Staff Recommendation: Adopt Negative Declaration 93 -ND -23 based on the findings; Approve Ordinance No. 733 at its first reading; and Adopt Resolution No. 1993 -56. The staff report was presented by Hr. Eggec, a copy of which is a matter of record in the Clerk's file. The public hearing was opened at 7:58 p.m., and there being no one requesting to speak, the public hearing was closed at 7:59 P . m . There were no questions or comments from the Council. a. Adopt Negative Declaration 93 -ND -23 based on the finding ticat the proposed actions wilt not have a significant impact on the environment. Motion by Council Member McLaughlin, second by Council Member Parrett, to adapt Negative Declaration 93 -ND -23 based on the finding that the proposed action will not have a significant impact on the environment. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor. Leja. NOES: None. ABSTAIN: None. ABSENT: None. h. ORDINANCE NO. 733 - 171RST READING - Prezuning 320 acres from Riverside County W -2 (Controlled Development) to City of Beaumont R -SF (Residential Single Family - 2.3 dwelling units per acre) in conformance with the City's General. Plan (93- R7_ -7); Applicant: TMP Inland Empire, IV. Location: Southwesterly of the terminus of Highland Springs Road accessible via a private street, Circle C Road. (93- ANX- 2 -54). Motion to read Ordinance No. 733 by title only. Motion by Council Member McLaughlin, second by Council Member Parrott, to read Ordinance No. 733 by title only. There being no opposition, the motion carried 5 -0. the ordinance was read by title only by the Deputy City Clerk. Page 11 Hpaumont City Counc i l Oc" her 25, 1993 Motion to approve Ordinance No. 733 at its first reading. Motion by Councit Member McLaughlin, second by Council Member Parrott, to approve Ordinance No. 733 at its first reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. C. RESOLUTION NO. 1993 -56 - Requesting the Local Agency Formation Commission to Initiate Proceedings for the Annexation of Uninhabited Territory Pursuant to the Local Government Reorganization Act of 1965. (93- ANX- 2 -54). Motion by Council Member Parrott, second by Council Member McLaughlin, to adopt Resolution No. 1993 -56. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 6. PROPOSED PRE - ANNEXATION CHANGE OF ZONE 93 -RZ -8, NEGATIVE DECLARATION 93- ND -22, AND ANNEXATION 93- ANX -3 -55. APPLICANT: 4_ (,eorfiU� W tter. Location: Southwesterly of the Intersection of First Street and California Avenue. A proposed pre - annexation zone change on 40 acres from Riverside County W -2 (Controlled Development) to City of Beaumont R -A (Residential. Agriculture) in conformance with the City's General. Plan (93- RZ -8) ; Proposed annexation of the property into the City of Beaumont (93- ANX- 3 -55); and Adoption of Negative Declaration 93- ND -22 with a finding that the project will not have a significant impact on the environment. Staff Recommendation: Adopt Negative Declaration 93- ND -22 based on the findings; Approve Ordinance No. 734 at its first reading; and Adopt Resolution No. 1993 -57. Mr. Egger presented the staff report, a copy of which is a matter of record in the Clerk's file. The puhtic hearing was opened at 3:04 p.m. Mr. Joe DeSart, 13900 Bole Court, addressed the Council: I happen to live out there on Bolo Court. I have been out there for about five and a half or six years. I understand that you went to annex this to the City, but what is the reason for annexing this particular property. Mr. Egger: It was initiated by the property owner of the site. The City isn't initiating the action. His desire is to get a zoning designation that is in conformance with the General Plan that is adopted by Beaumont. I think he has some development plans ultimately. As I indicated, he has some lands to the north as well and he would just like to do a single plan encompassing this property as welt as the properties to the north so he can plan them more effectively. Mr. DeSart: Why does he want to encompass my property? I understand he has property he wants to encompass, but what is his . Mr. Egger: I don't understand where your property is, but as I understand it this application is . . . Hr. DeSart: South of First Street. Kayor Lnja: Do you have a map of that area. Page 12 Beaumont. City Council Oct- -her 25, 1993 Mr. Egger: First Street is up here. This is the subject . property, and this is the extension of Minnesota. So if you could point out wherry your property is that would be helpful. Here is California, here is Olive and here is Minnesota. Mr. DeSart: Where is First Street. Mr. Egger: Up here. Mr. DeSart: This is Viele. Mr. Egger.: Yes. There is a dirt road at this location. Mr. DeSart: I am back over here. Mr. Egger: I think you are already in the City. Mayor Leja: No. Mr. Egger: Unless the boundary is right here. I don't have a map handy showing the line. Mr. DeSart: I am not in the City now. Mayor Leja: No, I don't believe that area is in the City. Mr. DeSart: Bolo Court - here. Mr. Egger: Okay. Your property is actually not being affected directly at all. Mr. DeSart: The notice said to me that that property is in fact being annexed. called the City Manager's office Mr. Egger: The notice only related to that particular assessor's parn9 l and that forty acres. You are not being annexed as a result of this action. nobody really Mayor Leja: Do you have a copy of the letter. Hr. Egger.: Because you are within 300 feet, you receive notice of the action. Sec, hem is the site, and you are over here. But basically what we do is we draw a 300 foot circle around the property and send all those people notices to let them know what is going on. Mayor Leja: You have a residence out there right now. Your residence is there. Mr. wesart: Yes. Mayer. Leja: You have to go through that dirt road to get to your residence. Mr. DeSart: Yes. I am one of the people who called the City Manager's office and asked why we can't get in, and then Beaumont says we havo part of the road and the County has the other part of the road, and nobody really knows what part is what. Mayor Leja: If this area is annexed then all of that road will be in Beaumont then? Mr. Egger: All of Viele will be. Not First Street going further to the west, which I think is what the concern is, right, First :street, or is it Viele. Mr. DeSart: No. That belongs to Beaumont. 1.1r. Egger: Okay. Are you concerned with the maintenance of Vile speci`ically. Page 13 `, C.; j Licoum"nt. City Counc i L Oct hop 25, L993 Mayor Leja: Vie In is a dirt road out through there, and becomes a mud lath. Mr. Egger.: Just by annexation I don't believe the City will immediately begin to maintain the roadway. I think if it is developed and urbanized and turned over to the City in that fashion through a dedication and improvement, the City would take on maintenance. The City does have the option, in the meantime, to go do some corrective work. But it is not immediately assuming automatic responsibility for that road with annexation alone. Mayor Leja: But LAFCO, I will tell you, will probably require that you take over immediately. Mr. Egger: That is certainly a possibility. Mr. DeSart: That road becomes a City road. Mr. Egger: Not: until a dedication is accepted by the City, and is accepted for maintenance. Just because it is a utilized dirt road in the City doesn't make it a City road. Mayor Leja: Do you have any other questions or what are your ideas on it. 11r. 1) eSart: No. I was just not sure as to what was being annexed. This issue has come up a couple of t.ime3 with questionaires. Mayor Leja: I would definitely like to find a way that we can Fix that road out there though. Mr. DeSart: I don't know if any of the Council have been in that area in the rainy season, but in fact it borders on being dangerous. I got a car stuck in there. After I got the car out, I opened the doors to let the water out of the car. I was hoping the car would still be there. We had a very rainy year last year, but the ditch where the water had run was in excess of 24 inches. You have no control, you are going downhill, you are off cambre, you go into the ditch regardless to who is driving. So it is just a matter of time before somebody could be hurt, and with all the rain, the water, the gra n, the road, that grade is lower than the low spot, and as they grade it we just lower it lower and lower, and the water comes over the top of the road, and it just makes the whole situation that much worse. Mayer Leja: Who was grading it, the County or the City. Mr. Egger.: This part is in the City already. Here is where the City boundary is. Councit Member Brey: Couldn't we make that one of the conditions of the development when he goes to develop that. Mr. Egger: Absolutely, I think in order to develop the site you would have to improve the roadway. There would be no question. Mayor Leja: Is his property going to be creating an island in that area, or is there going to be . . . Mr. Egger: No, I mean, it is a pop out basically in the City boundaries, hut it is not an island. Mayor Leja: Where is his property. Hr. Cgger: His property is over here. Council Membec Mcl.aughl_in: So it doesn't create an island. Page 14 Lot �1 Beaumont City Count: i I Oct-her 25, 1903 Mr. Egger: Looking at this map right here, it is kind of difficult to see from where you are all at, this is not the City boundary, this is the redevelopment area boundary, so that will be a little confusing, but this property is right here, so the boundary will come something like this, pop down, and there will be this - certainly this projection - but it is not an island. Mayor Leja: And his property is where. Mr. Egger: In here. Mayor Leja: Right in there. Council Member Russo: How many acres do you have out there. Mr. DeSart: I have one five acre parcel. Council Member Russo: You have a five acre parcel. Mr. DeSart: Yes. Mayor Leja: One home. Mr. DeSart: One home. Council Member McLaughlin: Mr. DeSart: Stanley Trobelow. Who had that before you did. Mayor. Leja: And that area out behind your place, that is all in the County. The only way you can access this property is through Viele. Mr. DeSart: On Viele. There is only one way in. And, you know, a lot of times in the winter, you have to walk in. Park the cars out, and go over this trench about 7 /10ths of a mile through the mud. Mayor Leja: Okay. Do you have any other. questions. I will tell you what I would like to do, is I would like to continue this matter, because there are some other significant issues involving Viele there that we need to tal'< about. And with this gentleman too. Mr. Egger: I think the problems are there, but I am not suggesting that you don't continue it, but the problems are there whether we continue it or not. Mayor Leja: I think it would be better to continue the public hearing. Mr. DeSart: Regardless when it is annexed, at some point in time this condition needs to be addressed. Mayor Leja: Exactly. Mr. DeSart: My neighbor works for the Beaumont Police Department, or Sheriff Department, they have been out and had units stuck. I don't know if her job is at the emergency level, but when the police can't get in or out, fire can't get in or out, ambulance can't get in and out, it becomes, sooner or later, a point, I would think, of even liability for someone. Mayor. Leja: And the County allowed you to build a house, and let this gentleman build a house - how old is your home out the r. e. Mr. DeSart: We have been out there five to six years. Page 15 on Beaumont City Council Oct 'lei' 25, 1993 Mayor. Leja: The guy that had that home - did you build the home . here. Dee, Moor jani : I can address this issue with the County Road Mr. DeSart: Yes. It was unimproved land when I purchased it. Council Member Brey: About how many people are living out in that general area. here but you are on your own. Mayor Leja: Mr. DeSart: All lots but one are sold. Mr. DeSart: Council Member Brey: About how many residents. Mr. DeSart: Six people are Living there currently. Mayor Leja: I am not ready to take over maintenance of that street until the County ante ups. Council Member McLaughlin: This is a County problem, to me, as far as I am concerned. . . Mr. DeSart: Where the water runs across is on this street. They say this is the very dangerous spot. On V i e I e or Minnea o La. Council Member McLaughlin: Okay, but is that inside the City limits, or have we just being ',rind of good people and going beyond into the County. . . Mr. DeSart: The Road Department comes out . . . Council Member Russo: If the County has allowed development to take place in the County area, and that road is the only one that they can access the property by, isn't the County responsible to do something for that road, since they created the impact on i t . Mayor Leja: I think that is a good call that we should make to Frank. Mr. Egger: Yes, and you know there situations are not at all unusual in the County. They exist all over the place. In large incorporated areas as well. Mayor Leja: I think that is his prohlem. Council Member Russo: I think we should hear from our silent partner over here. Dee, Moor jani : I can address this issue with the County Road Department and provide a staff report to the Council. Mayor Leja: Okay. Mr. DeSart: The road has been dedicated but not accepted by the County, so until the County accepts the road, okay people, you live out here but you are on your own. Mayor Leja: They screwed you in other words. Mr. Egger: Typical parcel mapping in the County. Mr. DeSart: Thank you. Mayor Leja: I would like to get some more answers as far as the County and all that. type of thing, so I would like to continue the public hearing. 'Ir. Egger: Would you like to perhaps have staff explore the opportunities, you know, if we are going to go towards a structure of maintaining areas out there, consider annexing a larger area, and perhaps talking to the residents out there in Page 16 UG Beaum"nit City Council Oct 4er. 25, 1993 that regard, that would make some sense Mayor Leja: Yes. Council Member McLaughlin: I wonder if he would be willing to be annexed. He is gone now, unless you can catch him. Mayor Leja: Well, I think there is time between this public hearing and the next public hearing you can explore some of those areas. The public hearing was continued to November 8, 1993. 7. RESOLUTION 140. 1993 -58 - Adopting An Operating Budget for Fiscal Year 1993 -94. Staff Recommendation: 1 Adopt Resolution No. 1993 -58, and 2 direct staff to make accounting adjustments as recommended. The staff report was received from the City Manager, a copy of which is a matter of record in the Clerk's file. Council Member. Brey said he had just one comment, that isn't it amazing about how the City is facing a million dollar deficit this year. Council Member Russo stated he r e a I t y appreciates, finally, getting_ some answers to some of the questions he has asked for years about finances in the City. It seems that the City finally has some people who know how to review and recommend the appropriate adjustments and use of funds, and in doing that, when it is done appropriately, it is obvious that we are not faring the great deficit that has been projected over the years, and they are somewhat surprised themselves in Finding out that it is possible to use the funds appropriately to address the City's needs, and he appreciates the efforts which have been made. Council Member McLaughlin said it is amazing what we can make figures say. Council Member. Brey commented that the City Manager had done a wonderful job wit) not only the budget but everything in general. Mayor Leja wanted to also acknowledge the interiin staff in finance. The City Manager stated she really wanted to acknowledge them a�; they have been great assistance in this area. This has been reviewed very carefully and she feels very comfortable with what she is bringing to the Council tonight. But she did not want this to sound too easy, and they cannot reduce their diligence with regard to the General Fund. Motion by Council Member Russo, second by Council Member Parrott, to adopt Resolution No. 1993 -58, and to make accounting adjustments as recommended. AYES: Council Member Brey, Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. END PUBLIC HEARINGS. McLaughlin, Parrott, Russo and The meeting was recessed at 8:25 p.m., reconvening at 8:32 p.m. 8. Consider Claim Filed Against the City by George Agard. 6 Staff Recommendation: Reject the Claim based on the findings. Page 17 2,c-J Be<ium ) n t C i t y Count' i I Oct ',er 25, 1993 The City Manager presented the staff 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 Russo, to reject the claiin in accordance with Government Code, Section 913, based on the following findings: 1. The Claim is not meritorious; and 2. There is no legal basis or authority for the Claim. There being no opposition, the motion carried 5 -0. 9. RESOLUTION NO. 1993 -59 - Establishing a Crosswalk on 8th Street on the West Side of Palm Avenue. — Staff Recommendation: Adopt Resolution No. 1993 -59. 7 The staff report was presented by the City Manager, a copy of which is a matter of record in the Clerk's file. There were no questions or comments from the Council. Motion by Council Member Russo, second by Council Member Brey, to adopt Resolution No. 1993 -59. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: gone. ABSTAIN: None. AW-)ENT: None. 10. ORDINANCE NO. 735 - FIRST READING - Amending Chapter 8.32 of the Beaumont Municipal Code Entitled Nuisances. Staff Recommendation: Approve Ordinance No. 735 at its first r. e a d i ng. Motion to Read Ordinance No. 735 by title only. Motion by Council Member Brey, second by Council Member Russo to read Ordinance No. 735 by title only. There hei rig no opposition, the motion carried 5 -0. The ordinance was read by title only. Motion to Approve Ordinance No. 735 at its first reading. Motion by Council Member Brey, second by Council Member Russo, to approve Ordinance No. 735 at its first reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 11. RESOLUTION NO. 1993 -60 - Requesting the Holding of a Joint Public_ Hearing with the Beaumont Redevelopment Agency on the Adoption of the Redevelopment Plan for the Beaumont Redevelopment Project and Authorizing Publication and Mailing of Notices of Joint Public Hearing. Staff Recommendation: Adopt Resolution No. 1993 -60. Ernest Eggec presented the staff report, a copy of which is a matter of record in the Clerk's file. Motion by Council Ile mher Brey, ser_ond by Councit Meinher Parrott, to adopt Resolution No. 1993 -60. Page 18 i51 AYES: Council Member Mayor Le ja. NOES: None. ABSTAIN: None. ABSENT: None. Beaumont City Council Oct er. 25, 1993 Brey, McLaughlin, Parrott, Russo and 12. Reports and Appointments: a. Status Report from Mary Blankenship Relating to the Beaumont Area Aging Service Providers Task Force. A verbal report was presented by Mary Blankenship relating to the status of the Beaumont Area Aging Service Providers Task Force, stating the task force met twice in August with about / twenty people participating, and a lot of sharing of concerns. She then introduced Mr. George Telisman, Director of the Riverside County Office on Aging. Mr. Telisman said he just wanted to point out one issue to them, that unlike the issue of the road where the County let the people build on and then it ends up in the City's lap, that is not where the Office on Aging is coming from. They are very pleased to be working with the City on this issue, and what the City's role is relative to the people over the age of sixty who live within the City's boundaries. He is here tonight to show that support for the task force, but he is also here to say they are hem to support in the future also. They think the City of Beaumont taking this leadership effort is an excellent effort forward, one of the few in the County, and they will be more than willing to work with the City in the future. He wanted to point out one issue to them, and that is one of the confusing things when you say seniors, and what the Council's role should be with seniors. The task force grappled with the issue of what is a senior, and this is a line between the age of 60 to 100. As a comparison he asked them to think about setting up a task force to take care of the needs of everyone from the age of 5 and 45. He pointed out they cannot take care of the seniors because they do span this age span of 60 to 100 years. He went on to point out the differences of everyone within this age span. He did say one of the things the Council needs to think about, is if the City is going to have a role, part of the recommendation of the task force will focus them on certain aspects of this population. He then commented that when the major developments are done, one of which has been discussed earlier this evening, the frail older parents of these people follow. The healthier, wealthier, more able senior doesn't follow that development. But in five years what will follow that development are the parents of these people who will not be able to take care of themselves. He said the Council needs to think about that when they talk to developers. Developers have been known to put in a certain percentage of the units as one bedroom and studio places for senior housing, because they will be coming along. b. Consider appointments to Senior Advisory Committee to Fill Existing Vacancies. Motion by Council Member McLaughlin, second by Council Member Parrott, to appoint Anna M. Hause and Muriel M. Killeen to the Senior Advisory Committee, to fill two unexpired terms ending :January 31, 1994. There being no .opposition, the motion carried 5 -0. C. The City Manager announced there would be a Redevelopment. Page 19 _eaumont City Council Oc' �e c 25, 1993 Community Meeting at the Jr. High multi- purpose room, on Wednesday evening at 7:00 p.m. d. Council Member McLaughlin reported that at the meeting with the Park District it was decided that Dayle and Brien get together to set an agenda to see where they are going to go. When this is done, they can then take some action and get something done. e. The City Manager then introduced Dee Moorjani, the City's new Public Works Director. f. Council Member Brey said he wanted to take this opportunity to say, since this is the last Council meeting before the election, that it has been his honor to serve with this entire Council. He continued that he thinks this is one of the best Councils that he has seen in Beaumont in a long time. He can remember when it was like a comedy show up here, and nothing got done, and this Council is a long way from what it used to be with a lot accomplished, and he hoped a lot more would be accomplished in the future. 13. CONSENT CALENDAR - r� a. Approval of Minutes of Regular City Council Meeting of September 27, 1993 and October 11, 1993. U b. Acceptance of Minutes of Special Planning Commission Meeting of September 7, 1993 and Regular Meeting of / September 21, 1993. C. Approval of Payment of Warrants and Payroll. d. Receive Report of Planning Commission Action on October 19, 1993. 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. 14. Closed Session at Discretion of Council. There was no need for a closed session. Date set for next regular meeting, Monday, November 8, 1993 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, epAty Uity Uler Page 20 BEAUMONT CITY COUNCIL MINUTES OF NOVEMBER 89 1993 The Beaumont City Council met in a regular meeting on Monday, November 8, 1993, at 6:00 p.m., in the City Council Chambers with Mayor Leja presiding. On roll call the following Council Members were present: Brey, McLaughlin, Parrott, Russo and Mayor Leja. The invocation was given by Council Member Russo, who then led the Pledge of Allegiance to the Flag. 1. Clerk's Affidavit of Posting. 2. Mp 1� --1 4. W, Motion by Council Member McLaughlin, second by Council Member Parrott, to dispense with the reading of the affidavit of posting. With no opposition, the motion carried 5 -0. Adjustments to Agenda. Mayor Leja requested that Item closed session. There being no considered following the closed ORAL COMMUNICATION: No. 7 be held until after the objections, Item No. 7 will be session. Mr. Steve Cox, of Redlands Federal Bank, addressed the Council stating that he wanted to speak this evening on behalf of Redlands Federal Bank, himself and his staff, to express their appreciation for an outstanding, professional, very efficient and effective response by the Police Department to the robbery at Redlands Federal. He continued that the entire department is to be commended, but in particular Cpl. Augustyn, Sgt. Jackson and Detective Martin. As an expression of their appreciation, he then presented a donation in the amount of $1,500 to the police department to assist in initiating a new citizens patrol program in the City. On behalf of the City Council, Mayor Leja commended not only the fire department and police department, but all employees of the City and volunteers in the community, who came in immediately on their day off to provide necessary services to the City and its neighboring community of Cherry Valley during the recent major fire which threatened both communities. PUBLIC HEARINGS: ANNEXATION 93- ANX -1 -52 - LAFCO No. 93 -20 -3. Applicant: City of Beaumont. Location: Approximately 60 acres consisting of a 25 acre parcel at the northwest corner of 8th St. and Highland Springs Ave. and several parcels totaling 35 acres on the north and south side of 8th St. between Illinois Ave. and Xenia Ave. Receive protests from property owners or registered voters residing within the area proposed to be annexed and consider adoption of resolution ordering annexation. The staff report was presented by Ernie Egger, Planning Director, a copy of which is a matter of record in the Clerk's file. The public hearing was opened at 6:13 p.m. Gina Glock, 1365 E. 8th Street: I am a member of the committee Page 1 BF mont City Council November 8, 1993 that helped make it so there are no protests to this resolution. So what I would like is to make sure on record there is an amendment to this, because I think a couple of the members that are on the City Council were not present last Spring when the City of Beaumont and Deutsch entered into a written agreement with all the members that live in that community. And I want to make sure that I am reassured that the articles that were drawn up in that agreement are backed by the present City Council. And that was, in effect, that Deutsch will provide all engineering and sewer hook -up to the homes in that community prior to any home on the Deutsch property receiving any sewer hook -up. Also, that the County zoning, the zoning will be City zoning, but the County wording will be maintained, and it will directly affect my two acres of land. So, I am here. I am neutral. There is no protest and there was no protest at LAFCO because of the good efforts of the City Council. And I just want to be reassured that the present City Council will be behind us so that we will feel comfortable in becoming part of the City of Beaumont. Mayor Leja: Actually, this is the City Council that signed that document, but have that reassurance. Ms. Glock: Two members weren't here when it came public that evening. They signed the prior agreement, but I know Matt Brey wasn't here. Mayor Leja: Were you not here Matt. Ms. Glock: Because Earl Woodley and . . . I just wanted to make sure that we have the reassurance because . . . Mayor Leja: Do you have any problems Matt. Council Member Brey: Oh no. I signed the agreement just like the rest. Mayor Leja: We were all individually required to sign the agreement. Ms. Glock: And that will be amended to show that it is part of it. Mayor Leja: Yes. All of that is part of it. Ms. Glock: Okay. Thank you, because I am sure that everybody that lives in the community will have more faith in the City of Beaumont knowing that. Mayor Leja: Okay. Thank you very much Gina. Is there anyone else wishing to comment on Item No. 4. Anyone else wishing to comment on Item No. 4. If not we will close the public hearing. The public hearing was closed at 6:15 p.m. There were no questions or comments from the Council. a. RESOLUTION NO. 1993 -61 - Ordering Territory Designated as LAFCO NO. 93 -20 -3, City of Beaumont 93- ANX -1 -52, Annexed To the City of Beaumont. APPLICANT: City of Beaumont. LOCATION: Approximately 60 acres consisting of a 25 acre parcel at the northwest corner of 8th St. and Highland Springs Ave. and several parcels totaling 35 acres on the north and south side of 8th St. between Illinois Ave. and Xenia Ave. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1993 -61. Page 2 AYES: Council Member Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. END PUBLIC HEARINGS Be mont City Council No ..:rnber 8, 1993 Brey, McLaughlin, Parrott, Russo and 5. PROPOSED PRE - ANNEXATION CHANGE OF ZONE 93 -RZ -8, NEGATIVE DECLARATION 93- ND -221 AND ANNEXATION 93- ANX -3 -55. APPLICANT: George Witter. Location: Southwesterly of the Intersection of First Street and California Avenue. (Continued from October 25, 1993). A proposed pre- annexation zone change on 40 acres from Riverside County W -2 (Controlled Development) to City of Beaumont R -A (Residential Agriculture) in conformance with the City's General Plan (93- RZ -8); Proposed annexation of the property into the City of Beaumont (93- ANX- 3 -55); and Adoption of Negative Declaration 93 -ND -22 with a finding that the aro_iect will not have a sionificant impact on the environment. Staff Recommendation: Adopt Negative Declaration 93 -ND -22 based on the findings; Approve Ordinance No. 734 at its first reading; and Adopt Resolution No. 1993 -57. The staff report was received from Ernie Egger, Planning Director, a copy of which is a matter of record in the Clerk's file. In his report Mr. Egger specifically addressed the question of maintenance of Veile Avenue which was raised at the meeting of October 25. The meeting was recessed at 6:22 p.m., reconvening at 6:26 p.m. Mr. Pat Meyer, Urban Environs, 23 So. 6th Street, Redlands, representing the owner of the property, George Witter: We are in support of the staff's recommendation. As the staff report indicates, half of the Witter property is within the City at the present time, and half of it is without. They have owned this property for about fifty years and if they intend to ever do anything with it, they would just as soon do it all within the City and not break the property apart. And, so, we are in favor of the annexation. We would hope to come forward in the next couple of years with some plans and help develop the property. If you have any questions I would be happy to answer them. There were no questions or comments from the Council. a. Adopt Negative Declaration 93 -ND -22 based on the finding that the project will not have a significant impact on the environment. Motion by Council Member Parrott, second by Council Member McLaughlin, to adopt Negative Declaration 93 -ND -22 based on the finding the project will not have a significant impact on the environment. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. b. ORDINANCE NO. 734 - FIRST READING - Prezoning 40 acres From Riverside County W -2 (Controlled Development) to City of Beaumont R -A (Residential Agriculture) in conformance with the City's General Plan (93- RZ -8); Applicant: George Witter. Location: Southwesterly of the Intersection of First Street and California Avenue. (93- ANX- 3 -55). Page 3 Beaumont City Council No mber 8, 1993 Motion by Council Member McLaughlin, second by Council Member Parrott, to read Ordinance No. 734 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 by Council Member McLaughlin, second by Council Member Parrott, to approve Ordinance No. 734 at its first reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. C. RESOLUTION NO. 1993 -57 - Requesting the Local Agency Formation Commission to Initiate Proceedings for the Annexation of Uninhabited Territory Pursuant to the Local Government Reorganization Act of 1985. (93- ANX- 3 -55). Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1993 -57. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 6. Consider Authorization of Consulting Services to Complete the General Plan Housina Element. Staff Recommendation: Authorize the City Manager to develop an agreement in the amount of $7,500 with Urban Research Associates for completion of the Housing Element, and further authorize the Mayor to execute said agreement. Ernie Egger presented the staff report, a copy of which is a matter of record in the Clerk's file. Council Member Parrott asked if this would complete the report to the satisfaction of the State. Mr. Egger responded that the agreement for consulting services would be structured in such a manner where the final payment is contingent upon satisfactory completion of the work. Mayor Leja wanted to know why Culbertson and Adams didn't clear this up before the General Plan was adopted, and also why Culbertson, Adams was not here tonight to explain to the Council why it wasn't, as she could remember asking specifically that they make sure everything was in proper order. Mr. Egger said he could not really speak for Culbertson, Adams, as they did try to get them to contact the State in order to try and work out the issues, and they were very unwilling to do so. In fact did not respond at all to the City's request to try to get a handle on the issues that have been raised by the State. He continued that he personally contacted the State and had a number of discussions with the State's representative and has developed a pretty good feel for what is necessary to complete the element, and there is a substantial amount of work to be done. There were no other questions from the Council. Motion by Council Member McLaughlin, second by Council Member Brey, to authorize the City Manager to develop an agreement in the amount of $7,500 with Urban Research Associates for completion of the Housing Element, with a 10% retention until the work has been completed to the satisfaction of the State; and further authorize the Mayor to execute said agreement. Page 4 Beaumont City Council Nr imber 8, 1993 AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 7. RESOLUTION NO. 1993 -62 - Authorizing the Signing and Execution of the Memorandum of Understanding Between the City of Beaumont and the General Employees Unit of the Public Employees Association of Riverside County, Inc. Staff Recommendation: Adopt Resolution No. 1993 -62. This agenda item will be considered following the closed session and action taken will be recorded in the minutes accordingly. 8. RESOLUTION NO. 1993 -63 - Approving the Application for Grant Funds from the Used Oil Recycling Fund under the Used Oil Recycling Enhancement Act for the Western Riverside Council of �j Governments (WRCOG) Regional Used Oil Collection Program. / Staff Recommendation: Adopt Resolution No. 1993 -63 The City Manager presented the staff 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 Parrott, second by Council Member McLaughlin, to adopt Resolution No. 1993 -63. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 9. ORDINANCE NO. 736 - FIRST READING - Amending the Beaumont Municipal Code Regarding Curfew for Minors. E-1 Staff Recommendation: Approve Ordinance No. 736 at its first reading. The staff report was presented by Chief Smith, 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. 736 by title only. Motion by Council Member McLaughlin, second by Council Member Parrott, to read Ordinance No. 736 by title only. There being no opposition, motion carried 5 -0. The ordinance was read by title only. Motion to Approve Ordinance No. 736 at its first reading. Motion by Council Member Parrott, second by Council Member McLaughlin, to approve Ordinance No. 736 at its first reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 10. URGENCY ORDINANCE NO. 737 - FIRST READING - Establishing School Facilities Mitigation Policy. Staff Recommendation: Approve Ordinance No. 737 at its first reading. David Dillon presented the staff report, a copy of which is a matter of record in the Clerk's file. Page 5 -- c Beaumont City Council Nc mber 8, 1993 There were no comments or questions from the Council. Motion to Read Ordinance No. 737 by title only. Motion by Council Member McLaughlin, second by Council Member Parrott, to read Ordinance No. 737 by title only. There being no opposition, motion carried 5 -0. The ordinance was read by title only. Motion to Adopt Urgency Ordinance No. 737 at its first reading. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Urgency Ordinance No. 737 at its first reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 11. ORDINANCE NO. 733 - SECOND READING - Prezoning 320 acres from Riverside County W -2 (Controlled Development) to City of Beaumont R -SF (Residential Single Family - 2.3 dwelling units per acre) in conformance with the City's General Plan 1 (93- RZ -7); Applicant: TMP Inland Empire, IV. Location: Southwesterly of the terminus of Highland Springs Road accessible via a private street, Circle C Road. (93- ANX- 2 -54). There was no discussion concerning the second reading of this ordinance. Motion to Read Ordinance No. 733 by title only. Motion by Council Member McLaughlin, second by Council Member Parrott, to read Ordinance No. 733 by title only. There being no opposition, motion carried 5 -0. The ordinance was read by title only. Motion to Adopt Ordinance No. 733 at its second reading. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Ordinance No. 733 at its second reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 12. ORDINANCE NO. 735 - SECOND READING - Amending Chapter 8.32 of the Beaumont Municipal Code Entitled Nuisances. Q There was no discussion concerning the second reading of this ordinance. Motion to Read Ordinance No. 735 by title only. Motion by Council Member Brey, second by Council Member McLaughlin, to read Ordinance No. 735 by title only. There being no opposition, motion carried 5 -0. The ordinance was read by title only. Motion to Adopt Ordinance No. 735 at its second reading. Page 6 eaumont City Council No---tuber 8, 1993 Motion by Council Member Parrott, second by Council Member McLaughlin, to adopt Ordinance No. 735 at its second reading. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leje. NOES: None. ABSTAIN: None. ABSENT: None. 13. Reports and Appointments: a. Status Report on Wastewater Treatment Plant. David Dillon presented the status report on the wastewater treatment plant expansion, a copy of which is a matter of record in the Clerk's file. There were no questions from the Council. b. Status Report on Community Facilities District. This status report was also presented by Mr. Dillon, a copy of which is a matter of record in the Clerk's file. There were no questions from the Council. C. Redevelopment. The City Manager presented a brief report on the status of the formation of the redevelopment agency, stating that the formal notice of hearing would be mailed sometime this week, and a copy / of this notice will be furnished to the Council in the event any of their constituents should call them. She went on to emphasize the Council should not hesitate to refer anyone who may call them to her office, and she would provide information, maps, etc. to them concerning the redevelopment project. She then informed them that the notice contained information not only about the formal public hearing, but also the informal community meeting to be held on the 15th in the hope citizens would attend to receive information prior to the public hearing. There were no other reports. 14. CONSENT CALENDAR - a. Approval of Payment of Warrants and Payroll. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt the consent calendar as presented. There being no opposition, motion carried 5 -0. 15. Closed Session at Discretion of Council. The meeting was recessed to closed session pursuant to Government Code Section 54957.6 to meet with its designated representative regarding labor relations matters. The meeting was recessed to closed session at 6:55 p.m., reconvening to regular session at 7:40 p.m. 7. RESOLUTION NO. 1993 -62 - Authorizing the Signing and Execution of the Memorandum of Understanding Between the City of Beaumont and the General Employees Unit of the Public Employees Association of Riverside County, Inc. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1993 -62. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. Page 7 BEAUMONT REDEVELOPMENT AGENCY MINUTES OF NOVEMBER 22, 1993 The Beaumont Redevelopment Agency met in a regular meeting on Monday, November 22, 1993, at 7:50 p.m., in the City Council Chambers, with Chairperson Leja presiding. On roll call the following Agency Members were present: Berg, Brey, Parrott, Russo and Chairperson Leja. 22. Clerk's Affidavit of Posting the Agenda. Motion by Agency Member Russo, second by Agency Member Berg, to dispense with the reading of the affidavit of posting. There being no objections, motion carried 5 -0. 23. Adjustments to Agenda. There were no adjustments to the agenda. 24. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. 25. Approval of Minutes of Regular Meeting of October 25, 1993. Motion by Agency Member Russo, second by Agency Member Parrott, to approve the minutes of October 25, 1993 as presented. There being no objections, motion carried 4 ayes, with Agency Member Berg abstaining. 26. RESOLUTION NO. RA 93 -7 - Relocation Assistance Guidel Participation by Owners and Declaration of Restrictions Redevelopment Project. Staff Recommendation: Adopt Approving and Adopting Certain ines and Certain Rules Governing Business Tenants and Adopting a in Connection with the Beaumont Resolution RA 93 -7. The staff report was presented by Ernie Egger, Planning Director, a copy of which is a matter of record in the Secretary's file. There were no questions or comments from Agency Members. Motion by Agency Member Parrott, second by Agency Member Berg, to adopt Resolution No. RA 93 -7. AYES: Agency Member Berg, Brey, Parrott, Russo and Chairperson Leja. NOES: None. ABSTAIN: None. ABSENT: None. There being no further business to come before the Agency, the meeting was adjourned at 7:54 p.m. Re sp fully submitted, C / "'j- ': Sec etary BEAUMONT CITY COUNCIL MINUTES OF NOVEMBER 22, 1993 The Beaumont City Council met in a regular meeting on Monday, November 22, 1993, at 6 :00 p.m., in the City Council Chambers with Mayor Leja presiding. On roll call the following Council Members were present: Brey, / McLaughlin, Parrott, Russo and Mayor Leja. The invocation was given by Mayor Leja, who then led the Pledge of Allegiance to the Flag. 1. Clerk's Affidavit of Posting. Motion by Council Member McLaughlin, second by Council Member Russo, to dispense with the reading of the affidavit of posting. With no opposition, the motion carried 5-0. 2. Adjustments to Agenda. The City Manager requested the addition of an item to the agenda which came to her attention after the agenda was prepared, and time is of the essence in considering the item. The item to be added is a ratification of the Council's action when they approved the development agreements in September. Motion by Council Member McLaughlin, second by Council Member Parrott, to add the item requested by the City Manager to the agenda. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. At this time, Mayor Leja announced she would like to present a tribute to outgoing Council Member McLaughlin. A proclamation honoring Council Member McLaughlin was read in its entirety by Mayor Leja, after which she presented the proclamation to him. She then presented a City of Beaumont plaque to Mr. McLaughlin, commemorating his dedication and service to the City as a Council Member from 1989 until the present, as well as a bouquet of flowers to Mrs. McLaughlin for her support during his term of office. Mr. McLaughlin made a few brief comments, and then introduced those of his family who were in attendance. Each Council Member then expressed their pleasure at serving with Mr. McLaughlin on the Council. RESOLUTION NO. 1993 -64 - Reciting the Fact of the General Municipal Election Held in said City on November 2, 1993, Declaring the Results Thereof and Such Other Matters as are Provided by Law. The City Manager presented the staff report, a copy of which is a matter of record in the Clerk's file. Motion by Council Member McLaughlin, second by Council Member Brey, to adopt Resolution No. 1993 -64. Page 1 7( /V eaumont City Council N -ember 22, 1993 AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 4. Presentation of Certificates of Election and Installation of Newly Elected Officials. The Oath of Office was administered by the City Clerk to Mrs. Leja, Mr. Parrott and Mr. Berg, after which Certificates of Election were presented to each newly elected official. Following the Oath of Office ceremony, the meeting was recessed at 6:20 p.m. for a reception honoring the newly elected officials and outgoing Council Member McLaughlin. The meeting reconvened at 6 :55 p.m., with the City Clerk calling the meeting to order. 5. Reorganization of Council. a. Nominations for Mayor. The City Clerk called for nominations for Mayor. Council Member Russo nominated Jan Leja for Mayor. There being no further nominations, nominations were closed. Roll call vote on nomination of Jan Leja for Mayor: AYES: Council Member Berg, Brey, Parrott, Russo and Leja. NOES: None. ABSTAIN: None. ABSENT: None. Jan Leja is appointed Mayor by unanimous vote. b. Nominations for Mayor Pro Tem. Mayor Leja called for nominations for Mayor Pro Tem. Council Member Berg nominated Frank Parrott for Mayor Pro Tem. Council Member Russo nominated Matt Brey for Mayor Pro Tem. There being no further nominations, nominations were closed. Roll call vote on nomination of Frank Parrott for Mayor Pro Tem: AYES: Council Member Berg, Brey, Parrott, Russo and Leja. NOES: None. ABSTAIN: None. ABSENT: None. With a unanimous vote for Council Member Parrott, no vote was needed on the second nomination, and Frank Parrot is appointed Mayor Pro Tem. 6. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. PUBLIC HEARINGS: 7. DEVELOPMENT AGREEMENT 93 -DA -8 AND NEGATIVE DECLARATION 93- ND -17. Applicant: Leonard B. Olinger PHD. Location: CFD 93 -1 �-- Improvement Area No. 2. Project Description: Request for approval of a Development Agreement to Govern Development of 16 +/- Acres. The adoption of a Negative Declaration pursuant to the California Environmental Quality Act (CEQA) is also proposed Page 2 eaumont City Council N—ember 22, 1993 including findings consistent with Section 15153 of the CEQA Guidelines. S aff Recommendation: Adopt Negative Declaration 93- ND -17, Approve Development Agreement 93 -DA -8 and Adopt Ordinance No. 738. David Dillon presented the staff report, a copy of which is a matter of record in the Clerk's file. The public hearing was opened at 7:00 p.m., and there being no one requesting to speak, the public hearing was closed at 7:00:30 p.m. There were no questions or comments from the Council. a. Adopting Negative Declaration 93 -ND -17 based on the finding the proposed development agreement will not have a significant impact on the environment. Motion by Council Member Berg, second by Council Member Parrott, to adopt Negative Declaration 93 -ND -17 based on the finding the proposed development agreement will not have a significant impact on the environment. AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. b. ORDINANCE NO. 738 - FIRST READING - Adopting the Development Agreement Between the City of Beaumont and Leonard B. Olinger PHD (Pursuant to Government Code Sections 65864- 65869.5) Motion to read Ordinance No. 738 by title only. Motion by Council Member Russo, second by Council Member Parrott, to read Ordinance No. 738 by title only. There being no opposition, motion carried 5 -0. The ordinance was read by title only. Motion to Approve Ordinance No. 738 at its first reading. Motion by Council Member Parrott, second by Council Member Brey, to approve Ordinance No. 738 at its first reading. AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 8. PROPOSED CHANGE OF ZONE 93 -RZ -9 AND NEGATIVE DECLARATION 93- ND-25. Applicants Kenko, Inc. Location: Northwest corner of Grace and First Street. Project Description: Change the Zoning Designation on 5.5 acres from R -A (Residential Agriculture) to M -L (Light Manufacturing). The adoption of a Negative Declaration is also proposed finding that the project will not have a significant impact on the environment. Staff Recommendation: Adopt Negative Declaration 93 -ND -25 and Adopt Ordinance No. 739 to rezone the subject property. The staff report was received from Ernest Egger, a copy of which is a matter of record in the Clerk's file. The public hearing was opened at 7:06 p.m., and there being no one requesting to speak, the public hearing was closed at 7:06:30 p.m. Page 3 U it J lit 0 1 1 L 1, I c y G U U I I U A L November 22, 1993 a. Consider Adoption of Negative Declaration 93 -ND -25 based on the finding the proposed change of zone will not have a significant impact on the environment. Motion by Council Member Parrott, second by Council Member Berg, to adopt Negative Declaration 93 -ND -25 based on the finding the proposed change of zone will not have a significant impact on the environment. AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. b. ORDINANCE NO. 739 - FIRST READING - Rezoning Certain Property from R- (Residential Agricultural) to M -L (Light Manufacturing). Applicant: Kenko, Inc. Location: Northwest corner of Grace and First Street. Motion to Read Ordinance No. 739 by title only. Motion by Council Member Russo, second by Council Member Brey, to read Ordinance No. 739 by title only. AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Motion to Approve Ordinance No. 739 at its first reading. Motion by Council Member Parrott, second by Council Member Berg, to approve Ordinance No. 739 at its first reading. AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 9. PROPOSED INCREASE IN SEWER CONNECTION CHARGES. Staff Recommendations Continue to December 13, 1993. It was requested by staff that this agenda item be continued to 7 the regular meeting of December 13. The public hearing was opened at 7:10 p.m., and there being no one requesting to speak, the public hearing was continued to the regular meeting of December 13, 1993. END PUBLIC HEARINGS 10. Authorization to Proceed with Preparation of a Preliminary Proposal by Honeywell, Inc. Covering Energy Conservation, Equipment Retrofits and Maintenance on the Mechanical, Electrical, Irrigation and HVAC Equipment in the City. Staff Recommendation: Authorize City Manager to execute a letter of authorization for Honeywell, Inc. to proceed and prepare a preliminary proposal. The staff report was presented by the City Manager, a copy of which is a matter of record in the Clerk's file. Council Member Berg asked if a cost benefit ratio analysis is being prepared, and if they are talking about a pay back over a certain number of years so far as the savings on the total energy consumption. Mr. Erick Gomez, representing Honeywell, Inc., responded that Page 4 7 I ,. -C: dtim 0 11U \.1 L LUMIL,.1 1 November 22, 1993 what they are trying to do is provide a vehicle that will pay back on a monthly and on a daily basis. They will calculate what the City will save by retrofitting the lighting, the heating and the air conditioning - the existing systems. As an example, if it was'$20,000 in year one, the cost will be spread out over how ever many years it takes so that the savings will pay for the program on an annual basis. In other words, the City will save $20,000 a year in electrical savings. Honeywell will structure the program so the City will pay no more than $20,000 for the cost of the program so that it can fund those things that do not offer a pay back - air conditioning where none exists - ventilation - where currently none exists at the gymnasium. Council Member Berg said this partially answers his question, but what he wants to know is how do they plan on paying for it, since there are obviously going to be some up front costs if they install a system in there. Is it going to be like a lease - purchase agreement - something along those lines. Mr. Gomez replied that under a typical scenario there would be an up front cost, but this program has been established over some ten years of trial and error, and what they have found is that there needs to be no up front capital required. It needs to be completely self- funding from day one, and that is exactly what they are going to provide. A lease- purchase agreement is set up where there is zero down, with a $1.00 buy out at the end of the term. That term is determined by the amount of savings that the City can obtain, as well as the cost of the program. Council Member Russo wanted to know how long they had been using this program, with Mr. Gomez advising they had been offering the program for over ten years. It was originally started with the schools. Council Member Russo then wanted to know if they had a list of references of schools and other cities who have used this program, with Mr. Gomez indicating he could provide such a list, pointing out there is a partial list in the packet given to the Council tonight. The City Manager clarified for the Council, with concurrence from Mr. Gomez, that all City facilities will be included in this proposal, including parks and medians. Council Member Berg asked if any energy management will be done along with this program. Mr. Gomez said that is a major part of the program, for instance, automated systems will be included so that the heating, air conditioning and lighting systems get turned off automatically. Mayor Leja asked if they will be bringing some comparison of what it would be like if the City were to do the same type of jobs on a cash outlay basis, so they can be certain they are getting a savings and not paying more over twenty years than what they should be paying. Mr. Gomez indicated they would be providing this type of information for comparison. There were no other questions or comments from the Council. Motion by Council Member Brey, second by Council Member Parrott, to authorize the City Manager to sign a Letter of Authorization to Proceed with the preparation of a preliminary proposal by Honeywell, Inc. Page 5 DeEM111 111 L, 1 L LUU11UI l November 22, 1993 AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 11. Consider Approval of Letter Agreement to Provide Architectural Services at City Hall (Space Planning), and Authorize the City Manager to Execute Same. Staff Recommen a on: Approve Letter Agreement and authorize the City Manager to execute same. The City Manager presented the staff report, a copy of which is a matter of record in the Clerk's file. Council Member Berg asked if this proposed plan would be made available to Honeywell so they can plan their proposal accordingly, with the City Manager stating these two proposals would be done in conjunction with each other. She went on to point out she has added some additional areas that are not marked with the diagonal lines on the floor plan provided to them. Basically, everything west of the auditorium and west of the entry to City Hall is included. Council Member Russo asked for clarification that the rooms that do not have diagonal lines will not be included in the study in terms of using them for the purposes of operating the offices, and these will be used later on, with the City Manager stating that is correct. She then clarified further that Rooms 6 through 12, just to the west of the auditorium, will be included in the study, but it will not include the offices on the east end or any of the Senior Center. Mayor Leja said the only office that would actually be affected would be the City Manager's office, with the City Manager's office being shifted to the west end of the building. Council Member Russo suggested that the possibility of closing off the west end of the building from the rest of the building be included in this study, so the whole wing is separate from the rest of the operation, and the usage of the auditorium, etc., so in the evening that end of the building would be secured. The City Manager said this is something they will be looking at and possibly making use of the hallway on that end. Council Member Berg commented this might also help in the energy proposals - the heating and cooling of the office areas. The City Manager stated this is absolutely correct, on the other hand it may be possible to heat and cool the hallways as well, and this will be looked at and coordinated with the space study. There were no other questions or comments from the Council. Motion by Council Member Russo, second by Council Member Parrott, to authorize the City Manager to execute the proposed Letter Agreement with a clarification that the Agreement shall cover a space study for all City Hall staff, with the exception of the Senior Center, and will incorporate Room 6 through 23 on the attached floor plan. AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Page 6 eaumont City Council Nov -mber 22, 1993 12. Consider Approval of a Purchase and Financing Agreement for �. Imarovement Area No. 4 and CFD 93 -1 (Rolling Hills Ranch). �o Staff Recommendations' Approve Purchase and Financing Agreement with High Sixty Associates and Authorize the Mayor to Execute Same. The staff report was received from David Dillon, 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 Berg, to approve the proposed Purchase and Financing Agreement with High Sixty Associates, authorize the Mayor to execute same, and further authorize the City Manager to make any non - substantive changes to the Agreement prior to execution. AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leje. NOES: None. ABSTAIN: None. ABSENT: None. 13. Consider Request for Closure of First Street from Highland Springs Avenue to Pennsylvania Avenue. Staff Recommendetion: Close First Street from Highland Springs ` Avenue to Pennsylvania Avenue subject to certain conditions. The staff report was presented by David Dillon, a copy of which is a matter of record in the Clerk's file. Council Member Berg asked if this proposal has been reviewed by the fire department. Dee Moorjani, Public_ Works Director, responded that the fire department has not had a chance to look at it. Council Member Berg said his concern is if there would be access in case there is a brush fire in that area. A locked gate could be very devastating to a fire truck trying to get to a fire unless they have keys or it is a breakaway gate. Mr. Moorjani said they would make it a point to have keys made available to the fire department and the police department. Chief Smith spoke in favor of closing the street due to the many problems caused by the street being open. He concurred with Council Member Berg that the gates either be made breakaway or that keys be furnished to the fire department and police department. Mr. Dillon said it may be appropriate to amend condition number two to add some language that would require approval of the County Fire Department and the Police Department prior to the installation of any gates. There were no further questions or comments from the Council. Motion by Council member Berg, second by Council Member Parrott, to approve the closure of First Street from Highland Springs Avenue to Pennsylvania Avenue, subject to the following conditions: I. The cost of constructing the locked gates and fences be borne by the parcel owners with properties fronting First Street within the limits identified. 2. The City will assist the applicant with the process of obtaining permission from easement owners before proceeding with the construction of the closure gates and fences. The applicant will bear the cost of obtaining permission and Page 7 7 ! P. aumont laity Council No—mber 22, 1993 processing related documentation. Approval of the County Fire Department and the Police Department will be required prior to installation of any gates. 3. Parcel owners and easement owners be provided with individual keys to allow access. AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 14. ORDINANCE NO. 740 - FIRST READING - Authorizing Beaumont Police Officers to emove Unattended Motor Vehicles on City Streets, Hi hwa s and Alle s Within the City Limits. l 5taff Recommendation: Adopt Ordinance No. 740. Chief Smith presented the staff 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 to Read Ordinance No. 740 by title only. Motion by Council Member Russo, second by Council Member Brey, to read Ordinance No. 740 by title only. There being no opposition, motion carried 5 -0. The ordinance was read by title only. Motion to Approve Ordinance No. 740 at its first reading. Motion by Council Member Berg, second by Council Member Parrott, to approve Ordinance No. 740 at its first reading. AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. In connection with the preceding ordinance, Council Member Russo asked Chief Smith if there is something the City can do about the semi - trucks parking in the Builders Emporium parking lot. Chief Smith responded that this has been an ongoing problem and the vehicle code specifically allows property owners to post their property, and this property is posted under 22658 of the California Vehicle Code, which authorizes the owners of the property to tow vehicles that are not customer vehicles. He continued that he is working with Mr. Moorjani and they have developed a letter which will go out to those businesses who have those concerns. In addition, the City needs to adopt an ordinance adopting Section 22658 to allow the police department to cite those vehicles, as this would be easier for the property owner than towing. Discussion regarding this problem continued, with other areas in the City experiencing the same problem noted, including Denny's and the Chamber of Commerce on 4th Street. Council Member Brey asked if CalTrans could be contacted about putting a "Park and Ride" area near Denny's, with Mr. Moorjani replying that he has been working with Chief Smith to get CalTrans to approve a park and ride in this area. Page 8 % %s1 Beaumont City Council No tuber 22, 1993 15. ORDINANCE NO. 734 - SECOND READING - Prezoning 40 acres from Riverside County- W -2 (Controlled Development) to City of 1 Beaumont R -A (Residential Agriculture) in conformance with the City's General Plan (93- RZ -8); Applicant: George Witter. Location: Southwesterly of the Intersection of First Street and California Avenue. (93- ANX- 3 -55). Motion to read Ordinance No. 734 by title only. Motion by Council Member Berg, second by Council Member Parrott, to read Ordinance No. 734 by title only. There being no opposition, motion carried 5 -0. The ordinance was read by title only. Motion to adopt Ordinance No. 734 at its second reading. Motion by Council Member Brey, second by Council Member Berg, to adopt Ordinance No. 734 at its second reading. AYES: Council Member Berg, Leja. NOES: None. ABSTAIN: None. ABSENT: None. Bray, Parrott, Russo and Mayor 16. ORDINANCE Municipal NO. 736 - SECOND READING - Amending the Beaumont Code Regarding Curfew for Minors. Motion to Read Ordinance No. 736 by title only. Motion by Council Member Russo, second by Council Member Brey, to read Ordinance No. 736 by title only. There being no opposition, motion carried 5 -0. Motion to Adopt Ordinance No. 736 at its second reading. Motion by Council Member Brey, second by Council Member Berg, to adopt Ordinance No. 736 at its second reading. AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 17. Reports and Appointments: a. Status Report - Community Facilities District 93 -1. David Dillon reported the appraisal is essentially complete, and they are working on an appraisal summary to be brought to the Council on December 13. They are also finalizing the Official % Statement and Indenture, which have been out for review for about a week. The bond issue size will be approximately $10.2 million dollars, and they expect to price it within the next two weeks and close in the next four weeks. Subsequent to the sale of bonds the CFD will refund approximately three million dollars in sewer revenue bonds. Additionally, Mr. Dillon reported that on the sewer plant design, the plan check submittal was made last Friday to Dee Moorjani pursuant to contract and is on schedule. Mayor Leja asked what the status is on the sign ordinance, with Ernie Egger reporting the committee has just about wrapped up its work. There was a final meeting last week, and they have now completed some final changes pursuant to the committee's recommendations and will be submitting this to the City Attorney Page 9 Z (! Beaumont City Council No, fiber 22, 1993 and to the committee members. It is anticipated that notices for a planning commission hearing on the sign ordinance will go out within two -three weeks. Mayor Leja then wanted to know when the business license ordinance review would begin, with Mr. Egger reporting that the first meeting is scheduled for next Tuesday. Mayor Leja then asked when they could expect to receive the report from the Senior Citizen Task Force, with the City Manager advising the draft report has either just been sent out or is about to be sent out to the task force members for review, and it should be presented to the Council on December 13. There were no other reports and no appointments. 18. CONSENT CALENDAR - All Items Listed Under the Consent Calendar are consi ere 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 a. Acceptance of Minutes of Regular Planning Commission Meeting of October 19, 1993. b. Approval of Payment of Warrants and Payroll. C. Report of Planning Commission Action at Meeting of November 16, 1993. Motion by Council Member Berg, second by Council Member Parrott, to adopt the consent calendar as presented. There being no opposition, motion carried 5 -0. 20. Ratification of Approval of Development Agreements. The City Manager presented the 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 Parrott, second by Council Member Brey, / to direct the City Manager to make non - substantive changes to 93 -DA -1 through 93 -DA -6 prior to execution of the development agreements. There being no opposition, motion carried 5 -0. 19. Closed Session at Discretion of Council. There was no need for a closed session. Date Set for Next Regular Council Meeting, Monday, December 13, 1993, 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 7:50 p.m. Res fully submitted, G✓ D ty City Clerk Page 10 z7) BEAUMONT CITY COUNCIL MINUTES OF SPECIAL JOINT MEETING WITH THE BEAUMONT REDEVELOPMENT AGENCY NOVEMBER 29, 1993 C V- BEAUMONT REDEVELOPMENT AGENCY MINUTES OF SPECIAL JOINT MEETING WITH THE BEAUMONT CITY COUNCIL NOVEMBER 29, 1993 2-ILA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEC- 13 '93 12:1hRM LOCATION: CITY OF BEAUMONT 550 EAST 6TH STREET BEtUMONT CALIFORNIA 92223 (9 9) W-4 21 DATE AND TIME: ggj?AY, NOVEMBER 24, 1993 oG P.M. REPCRTED BY: SUZANNE M. SOPER, C.S.R. (NO. 8120) QUALITY COMPUTERIZED TRANSCRIPTION -BY- SHIRLEY M. KRAUSE SHORTHAND DEPORTING CORPORATION 4472 ORANGE STREET RIVERSIDE, CA 92501 (909) 686 -1411 OR (909) 686.1419 BEAUMONT, CALIFORNIA NOVEMBER 29, 1993 MAYOR LEJA! WE WILL CALL THE MEETING TO ORDER. CAN YOU HEAR ME IN THE SACK? THE MEETING HAS BEEN CALLED TO ORDER. ROLL CALL. MS. KELLER: COUNCIL MEMBER BERG. MR. 8E110t HERE. MS. KELLER! COUNCIL MEMBER PARROTT. MR. PARROTTt MERE. THE AUDIENCEt CAN'T HEAR YOU. MS. KELLERs COUNCIL MEMBER GREY. MR. BREY! HERE. MS. KELLER: COUNCIL MEMBER RUSSO. ABSENT. MAYOR LEJA. MAYOR LEJAt HERE. MB. KELLER: NOW CALL THE ROLL FOR THE AGENCY. AGENCY MEMBER BERG. MR. BERG: HERE. MS. KELLER: AGENCY MEMBER PARROTT. MR. PARROTT: HERE. MS. KELLER: AGENCY MEMBER BREY. MR. BREY: HERE. MS. KELLER; AGENCY MEMBER RUSSO, ABSENT. 0 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F.. 2 JAN LEJA MAYOR FRANK PAAROTT, MAYOR PRO TE14 MATTHEW GREY COUNCIL MEMBER MR. BERG COUNCIL MEMBER DAY LE KEGLER, CITY MANAGER SANDY SORE BEN, CONSULTANT JERRY SCHWARTZ, CONSULTANT SABO & GREEN lZOECNDRE E BORTNOWSKI, ATTORNEY AT LAW WOODLN DuuHILLS, CALIFORNIA 91367 (818) 04.0195 ALSO PRESENT: CITIZENS OF BEAUMONT 2 1 CHAIRPERSON LEJA. 2 MAYOR LEJA: HERE. 3 MS. KELLER: IS THERE A MOTION TO WAIVE 4 THE READING OF THE CLERK'S AFFIDAVIT? 5 THE AUDIENCE: WE CAN'T HEAR YOU. 6 MAYOR LEJA: WE WILL TRY TO GET THE 7 VOLUME TURNED UP. 8 CAN YOU HEAR ME WHEN i'M THIS CLOSE? I HAVE 9 TO BE FORMAL TONIGHT, RIGHT. 10 NOW CAN YOU HEAR ME? 11 MR. PARROTT: I'LL MAKE A MOTION TO WAIVE 12 THE WORDS AND READING OF THE AFFIDAVIT, 13 MR. BERG: I'LL SECOND THE MOTION. 14 MAYOR LEJA: MOTION -- ALL IN FAVOR SAY 15 "AYE." 16 MR. BERG: AYE. i7 MR. BREY: AYE. 1B MR. PARROTT: AYE. 19 MAYOR LEJA: ANY OPPOSED? 20 MOTION CARRIED. 21 ITEM TWO, ORAL COMMUNICATIONS. ANYONE WISHING 22 TO ADDRESS THE COUNCIL MAY DO SO NOW OR AT THE TIME 23 COUNCIL IS ADDRESSING A PARTICULAR ITEM. ALL 24 SPEAKERS SHOULD FILL CUT A REQUEST TO SPEAK FORM 25 AND GIVE IT TO THE CITY CLERK AT THE BEGINNING OF 26 THE MEETING. THE FORMS ARE AVAILABLE ON THE BACK 27 TABLE. 1" 28 QUICKLY, SINCE WE ARE IN TH AIALAR ROOM, G 211b 1 DEC,!- ,:"MIYG M uti�Re 1u aPEAK ON REDEVELOPMENT 1 MS 1JA: AT TN18 TIME WE :: 3 BEGIN 2 PLAN THIS EVENING, WHAT I WOULD R ►.JEST THAT YOU DO 2 WITH THE AGEN..i COUNSEL TO PROVIDE A REVIEW OF THE 3 IS TO GO TO THE SACK TABLE, PICK UP A REQUEST TO 3 RELEVANT PROVISIONS OF THE COMMUNITY REDEVELOPMENT 4 SPEAK FORM, FILL IT OUT AND GIVE IT TO MARY 4 LAW, REVIEWS PRIOR AGENCY ACTIONS CONCERNING THE 5 BLANKINSHIP. SHE'S AT THE VERY BACK. SHE HAS HER 5 REDEVELOPMENT PLAN, AND A$ WELL AS DESCRIBING THE 6 HAND UP IN THE AIR, AND SHE WILL BRING THEM UP TO 6 REASONS FOR THE SELECTION OF THE PROJECT AREA. 7 US, AND I WILL CALL YOU IN ORDER, OKAY? 7 MR. DL BORTNOWSKI. 8 MAYOR LEJA: WE WILL BEGIN OUR PUBLIC $ MR. DE SORTNOWSKII GOOD EVENING. 9 HEARING. 9 TONIGHT'S PUBLIC HEARING IS A STATUTORILY REQUIRED 10 ITEM THREE WHICH IS THE REDEVELOPMENT PLAN FOR 10 PUBLIC HEARING UNDER THE CALIFORNIA COMMUNITY 11 THE BEAUMONT REDEVELOPMENT PROJECT AND THE 11 REDEVELOPMENT LAW. THE PURPOSE OF TONIGHT'S 12 ENVIRONMENTAL IMPACT REPORT FOR THE BEAUMONT 12 HEARING IS TO PROVIDE TESTIMONY AND COMMENTS TO THE 13 REDEVELOPMENT PROJECT. 13 MEMBERS OF THE COUNCIL, SITTING BOTH AS THE COUNCIL 14 AT THIS TIME I'LL CALL THE EXECUTIVE DIRECTOR 14 FOR THE REDEVELOPMENT AGENCY $O THAT THEY CAN 15 OF THE AGENCY TO INTRODUCE THE CONSULTANTS WHO'LL 15 CONSIDER ANY OF THE COMMENTS RECEIVED TONIGHT WHEN 16 BE PRESENTING PUBLIC HEARING TESTIMONY THIS 16 THEY DECIDE UPON THE ADOPTION OF THE REDEVELOPMENT 17 EVENING. 17 PLAN. THERE WILL BE NO FORMAL ACTION TAKEN TONIGHT 18 MS. KILLER: THANK YOU, MAYOR. I'D LIKE 18 ON THE REDEVELOPMENT PLAN ITSELF. IT IS SCHEDULED 19 TO INTRODUCE, STARTING ON MY FAR RIGHT, SANDY 19 FOR CONSIDERATION ON DECEMBER 137H. THE PURPOSE OF 20 SORENSON FROM MANAGEMENT DEVELOPMENT ASSOCIATES, 20 TONIGHT'S HEARING IS ESSENTIALLY TO TAKE YOUR 21 AND ALSO JERRY SCHWART2 OVER AT THE SID! OF THE 21 TESTIMONY, TO HEAR YOUR CONCERNS, AND TO CREATE 22 ROOM PUTTING BINDERS TOGETHER, ROTH, AGAIN, WITH 22 PART OF THE ADMINISTRATIVE RECORD IN CONSIDERATION 23 MANAGEMENT DEVELOPMENT ASSOCIATES. NEXT TO SANDY, 23 OF THE REDEVELOPMENT PLAN. 24 ERNIE EGGER, PLANNING DIRECTOR FOR THE CITY. NEXT 24 THE AGENCY'S PURPOSE TONIGHT IN SETTING THIS 25 TO ME, TO MY IMMEDIATE RIGHT, ANDRE DE SORTNOWSKI, 25 MEETING 11 TO CONSIDER ALL OF THE EVIDENCE THEY 26 COUNSEL FOR THE REDEVELOPMENT AGENCY. AND ALONG 26 HAVE BEFORE THEM. THEY HAVE PRESENTED, IN PUBLIC 27 WITH MYSELF AS EXECUTIVE DIRECTOR, WE HAVE SERVED 27 HEARING BINDERS, DOCUMENTS YOU SEE BEFORE THEM, AND 28 AS THE STAFF TEAM FOR THE PLANNING. 28 THERE ARE EXTRA COPIES AT THE SIDES OF THE ROOM. 5 6 1 THOSE DOCUMENTS CONTAIN WHAT 18 CALLED THE REPORT 1 RECEIVED IN THE NOTES A COPY OF THE MAP. 2 TO COUNCIL WHICH 19 PREPARED IN ACCORDANCE WITH THE 2 AFTER THE DESIGNATION OF THE REDEVELOPMENT 3 CALIFORNIA COMMUNITY REDEVELOPMENT LAW, SECTION 3 PROJECT AREA, THE AGENCY CONSULTANTS PREPARED A 4 33352. L PRELIMINARY PLAN. THAT DOCUMENT HAS ALSO BEEN MADE 5 ESSENTIALLY THE REPORT TO COUNCIL 19 THE 5 AVAILABLE FOR PUBLIC REVIEW. 6 DOCUMENT THAT JUSTIFIES THE ESTABLISHMENT OF THE 6 SUBSEOUENT TO THAT, WE HAD THE ADOPTION OF 7 PROJECT AREA. IT ALSO HIGHLIGHTS SOME OF THE 7 OWNER PARTICIPATION RIGHTS. THESE ARE ALL 8 PROCEDURAL STEPS THAT HAVE BEEN UNDERTAKEN IN THE 8 DOCUMENTS CONTAINED AS PART OF THE PUBLIC RECORD, 9 ADOPTION PROCESS. ALSO CONTAINED IN THAT BINDER, 9 ALL OF WHICH ARE AVAILABLE FOR PUBLIC REVIEW. IF 10 OR !S SEPARATE ALONG WITH THAT BINDER, I8 A COPY OF 10 YOU WANT TO SEE THEM OR IF YOU HADN'T HAD AN t1 THE ACTUAL PROPOSED REDEVELOPMENT PLAN. WE ALSO 11 OPPORTUNITY TO SEE THEM, THEY ARE AVAILABLE IN CITY 12 HAVE AVAILABLE FOR YOUR REVIEW THE PROPOSED 12 HALL. 13 ENVIRONMENTAL IMPACT REPORT. WE ARE RECEIVING YOUR 13 SUBSEQUENT TO THAT WAS THE PREPARATION OF A 14 TESTIMONY AND YOUR COMMENTS TONIGHT ON THE 14 PRELIMINARY REPORT WHICH TAKES INTO CONSIDERATION 15 ENVIRONMENTAL IMPACT REPORT A$ WELL THE 15 SOME OF THE PHYSICAL ASPECTS OF THE ADOPTION OF THE 16 REDEVELOPMENT PLAN. 16 REDEVELOPMENT PLAN, THAT DOCUMENT IS ALSO 17 YOU SHOULD BE AWARE THAT SEVERAL PROCEEDINGS 17 AVAILABLE FOR PUBLIC REVIEW. 18 HAVE PREVIOUSLY OCCURRED PRIOR TO TONIGHT'S PUBLIC 18 AS I MENTIONED EARLIER, THIS IS A STATUTORILY 19 HEARING. THE AGENCY MEMBERS HAVE ALL PARTICIPATED 19 REQUIRED PUBLIC HEARING, I KNOW THAT ALL OF YOU 20 IN THOSE PROCEEDINGS. THE PLAN ADOPTION PROCESS 20 HAVE RECEIVED OR &MOULD HAVE RECEIVED A CERTIFIED 21 STARTED WITH THE DESIGNATION SEVEN MONTHS ADD OF 21 MAIL NOTICE. IN ADDITION, THE AGENCY WAS REQUIRED 22 THE SURVEY AREA. SUBSEQUENT TO THAT TIME, THE 22 TO PUBLISH NOTICE OF THIS PUBLIC NEARING FOUR TIMES 23 CONSULTANTS WENT OUT To THE SURVEY ARIA AND 23 IN THE LOCAL NEWSPAPER. IT'S QUITE BURDENSOME ON 24 DETERMINED FROM THAT A CERTAIN AREA THAT WOULD BE 24 THE AGENCY, THOUGH, COST -WISE AND MANPOWER -WISE, TO 25 SU;TABLE FOR REDEVELOPMENT. THE AGENCY THEN TOOK 25 SEND OUT CERTIFIED MAIL. HOWEVER, THAT 1S A 26 AN ACTION TO ADOPT A PROJECT AREA BOUNDARY WHICH IS 26 STATUTORY REQUIREMENT SO THAT EVERYBODY IN THIS 27 ESSENTIALLY THE AREA THAT'S SHOWN ON THE MAPS AT 27 PROJECT AREA 18 PUT ON NOTICE AS TO THE AGENCY'S 28 THE SIDES OF THE ROCM. YOU SHOULD HAVE ALSO 28 ACTIVITIES. PAGE 2 7 8 T� b 1 DEC 'qs 12' 1?mmF : `HIS F' ' IC HEARING IS TC nlivrr � vn..r.. v 2 HAVE YOU COME TONIGHT AND PRESEN, 12TIMONY, 3 PRESENT YOUR CONCERNS TO THE AGENCY SO THEY CAN 4 ,CONSIDER THESE BEFORE THEY DECIDE TO ADOPT THE 5 REDEVELOPMENT PLAN IF THEY So DECIDE. 6 IN ADDITION, A COUPLE OF WEEKS AGO WE HELD A 7 PUBLIC WORKSHOP WHICH IS A LITTLE MORE INFORMAL 8 THAN TODAY'S PROCEEDINGS. AT THAT TIME WE HAD A 9 QUESTION AND ANSWER FORUM. WE RESPONDED TO ALL OF 10 THE COMMENTS THAT WERE RECEIVED. I THINK WE 11 HOPEFULLY ANSWERED A LOT OF CONCERNS THAT HAVE SEEN 12 VOICED. 13 AT TONIGHT'S PUBLIC H °_ARING, FOR THE PURPOSES 14 OF MAKING THE PROCEEDINGS a0 ACCORDING TO PLAN, WE 15 WOULD ANTICIPATE THAT WE WOULD FIRST RECEIVE ALL OF 16 YOUR COMMENTS BEFORE WE FORMALLY RESPOND TO ANY 17 QUESTIONS. ONCE ALL OF THE COMMENTS AND TESTIMONY 1* HAVE BEEN RECEIVED, AT THAT TIME CONSULTANTS WILL 19 ATTEMPT TO ANSWER AS MANY OF THE QUESTIONS AS 20 POSSIBLE. 21 ANYBODY THAT RAISES A QUESTION WILL BE 22 PROVIDED WITH A FORMAL RESPONSE AS PART OF THE 23 RECORD. WE'RE NOT UNDER AN 064IGATION TO CONSIDER 24 ALL OF THE TESTIMONY AND TO RESPOND TO IT PRIOR TO 25 THE AGENCY'S CONSIDERATION OF THE REDEVELOPMENT 26 PLAN. 27 ONE OF THE OTHER THINGS THAT HAS BEEN A PART 28 OF THE PROCESS IS MEETING WITH THE AFFECTED TAXING 9 1 TO RESOLVE IN COOPERATION WHICH WE ARE IN THE 2 PROCESS RIGHT NOW CF FINALIZING AN AGREEMENT WITH 1 3 THINK ALL OF THE AGENCIES. WE HAVE HAD A VERY 4 POSITIVE RESPONSE FROM THE AGENCIES. HOWEVER, 5 THERE ARE STILL SOME LOOSE ENDS TO TIE UP WITH 6 THOSE AGENCIES. 7 IT 15 A RECOMMENDATION TO THE AGENCY, 8 THEREFORE, THAT AT THE CONCLUSION Of TONIGHT'S 9 PUBLIC HEARING, THAT THOSE AGENCIES BE GIVEN 10 ADDITIONAL TIME TO SUBMIT WRITTEN COMMENTS UP UNTIL 11 DECEMBER 13TH, WHICH WOULD BE THE DATE ON WHICH THE 12 AGENCY WOULD CONSIDER THE REDEVELOPMENT PLAN. 13 1 THINK THAT IF IT'S OKAY WITH THE AGENCY 14 BOARD, WE WILL EXTEND AN INVITATION TO ALL OF THE 15 AFFECTED TAXING ENTITIES TO SUBMIT ADDITIONAL 16 WRITTEN COMMENTS ON BEHALF OF THEIR ENTITIES IN 17 ORDER TO ALLEVIATE ANY CONCERNS THEY HAVE TRYING TO 18 FINALIZE THE AGREEMENTS PRIOR TO THAT DATE. 19 IN ADDITION, IF ANY OF THE PUBLIC WANTS TO 20 SUBMIT WRITTEN COMMENTS, WE WILL GLADLY RECEIVE 21 THOSE WRITTEN COMMENTS AND INCLUDE THEM AS PART OF 22 THE RECORD, 23 WITH THAT, I WOULD LIKE TO TURN IT OVER TO 24 ERNIE TO GIVE YOU A LITTLE BACKGROUND ON THE ACTUAL 25 PROJECT AREA., TALK A LITTLE SIT ABOUT THE 26 REDEVELOPMENT PROCESS AND WHY WE'RE HERE TONIGHT. 27 MR. EGGER: THANK YOU, ANDRE. 28 I WOULD BASICALLY LIKE TO TOUCH ON THREE AREAS 11 1 ENTITIES. 'HE REDEVELOPMENT PROCiss, AS ERNIE 2 WILL EXPLAlh, WE RELY ON TAX INCREMENT FINANCING. 3 WHAT THAT CAUSES IS A REDISTRIBUTION OF TAX 4 INCREMENT REVENUES ON VARIOUS TAXING ENTITIES. WE 5 HAVE IN THE AUDIENCE TONIGHT REPRESENTATIVES OF 6 VARIOUS TAXING ENTITIES WHO'LL PROBABLY SUBMIT 7 DOCUMENTATION AND /OR COMMENTS TO BE ENTERED INTO 8 THE RECORD. 9 WE HAVE ALREADY RECEIVED CERTAIN LETTERS THAT 10 WE ENTERED INTO THE RECORD. WE HAVE CORRESPONDENCE 11 FROM THE BEAUMONT -- I'M SORRY, FROM THE COUNTY OF 12 RIVERSIDE. WE HAVE CORRESPONDENCE FROM PUBLIC 13 ECONOMICS, INC., ON BEHALF OF BEAUMONT UNIFIED 14 SCHOOL DISTRICT, ALSO ON BEHALF OF MT. SAN JACINTO 45 COMMUNITY COLLEGE DISTRICT AND THE RIVERSIDE OFFICE 16 OF EDUCATION. WE HAVE CORRESPONDENCE FROM THE 17 OFFICES OF REST, BEST & KRIEGER ON BEHALF OF THE 18 BEAUMONT CHERRY VALLEY RECREATION PARK DISTRICT. 19 WE ALSO HAVE CORRESPONDENCE RECEIVED FROM THE SAN 20 GREGONIO PASS WATER AGENCY, AND WE ALSO HAVE 21 CORRESPONDENCE FROM THE FLOOD CONTROL WATER 22 CONSERVATION DISTRICT. 23 ALL OF THESE LETTERS WILL BE INCORPORATED AS 24 PART OF THE ADMINISTRATIVE RECORD AND WILL BE 25 CONSIDERED BY THE AGENCY PRIOR TO THEIR DECISION ON 26 THE REDEVELOPMENT PLAN ADOPTION. 27 THERE HAS ALSO BEER A CONCERN RAISED WITH THE 28 PROCEEDINGS WITH THE VARIOUS AFFECTED TAX ENTITIES �0 1 IN ORDER To PRCFILE THE REDEVELOPMENT AREA AS WELL 2 AS EXPLAIN THE PROCESS THAT WE'RE EXPECTING TO GO 3 THROUGH WITH THE ADOPTION OF THE REDEVELOPMENT 4 PROJECT. 5 FIRST I WOULD LIKE TO TALK ABOUT THE PURPOSE 6 OR THE REASON FOR THE PROJECT ITSELF, DESCRIBE THE 7 PROJECT AREA ITSELF IN A LITTLE BIT OF DETAIL, AND S THEN DISCUSS THE ACTIVITIES THAT THE REDEVELOPMENT 9 AGENCY 19 PLANNING TO UNDERTAKE IN THE ENSUING 10 YEARS. 11 THERE ARE THREE BASIC PURPOSES FOR PURSUING A 12 REDEVELOPMENT PROJECT IN THE CITY OF BEAUMONT. 13 THE FIRST IS TO REVITALIZE AND IMPROVE THE 14 CITY'S COMMERCIAL AREAS. THE SECOND IS TO UPGRADE 15 AND FULLY UTILIZE THE INDUSTRIAL AREAS THAT EXIST 16 THROUGHOUT THE CITY. 17 MS. KELLERs THEY CAN'T -- 18 MR. EGGER: THANK YOU. BOTH OF THOSE 19 PURPOSES -- AND LET ME REPEAT THOSE JUST IN CASE I 20 WASN'T SUFFICIENTLY LOUD. WE'RE HOPING TO 21 REVITALIZE THE CITY'S COMMERCIAL AREAS AND ALSO 22 UPGRADE AND FULLY UTILIZE THE INDUSTRIAL AREAS IN 23 TOWN. WE FEEL THAT WE CAN ACCOMPLISH THOSE GOALS 24 AND WE CAN HAVE A VERY POSITIVE EFFECT IN TERMS 25 OF -- 26 MS. KELLER: TRY THIS ONE. 27 MR. EGGER: I'M TRYING TO TALK AS LOUD AS 28 I CAN. SORRY. PAGE 3 12 Z_7 � 1 DEC :: _.'9; _.. T.' .rFI =NCE ALAI' THERE ARE THREE 2 PRIMARY PURPOSES FOR PURSUING A ­DEVELOPMENT 3 PROJECT IN THE CITY OF BEAUMONT. THE FIRST IS TO IMPROVE AND REVITALIZE THE 5 CITY'S COMMERCIAL AREAS, AND THE SECOND IT TO 6 UPGRADE AND FULLY UTILIZE THE INDUSTRIAL AREAS THAT 7 WE HAVE IN TOWN. IF WE CAN SUCCESSFULLY ACCOMPLISH 8 THOSE OBJECTIVES, MANY POSITIVE BENEFITS WILL OCCUR 9 TO THE COMMUNITY, INCLUDING INCREASED EMPLOYMENT 10 OPPORTUNITIES, A BETTER TAX BASE AND FISCAL 11 DEVELOPMENT FOR THE CITY, AN OPPORTUNITY TO BUILD 12 ON SOME OF THE POSITIVE ELEMENTS THAT EXIST IN THE 13 COMMUNITY ALREADY, AND HOPEFULLY TO ESTABLISH 14 EMPLCYMENT OPPORTUNITIES CLOSE TO HOUSING IN THE 15 BEAUMONT/BANNING AREA IN ORDER TO ALLEVIATE THE 16 EXISTENCE OF LONG COMMUTING PATTERNS WHICH MANY OF 17 YOU PRESENTLY HAVE. $O WE'RE HOPING TO GENERATE AS 18 MANY JOBS AS POSSIBLE LOCALLY. 19 THE THIRD VERY IMPORTANT ELEMENT, THE 4EASON 20 FOR PURSUING REDEVELOPMENT IS TO BE ABLE TO ENHANCE 21 AND IMPROVE AND STABILIZE THE CITY'S NEIGHBORHOODS. 22 THERE ARE A NUMBER OF VERY NICE NEIGHBORHOODS IN 23 THE CITY OF BEAUMONT. WE WANT TO DO EVERYTHING WE 24 POSSIBLY CAN TO ENSURE THEIR LONG-TERM VIABILITY. 25 AND SOME OF THE ELEMENTS THAT WE WANT TO LOOK AT IN 26 THOSE NEIGHBORHOODS IS NOT TO MAKE ANY CHANGES TO 27 THE USES THAT PRESENTLY EXIST, BUT TO HAVE THE 28 ABILITY 10 GO IN, PUT IN CURBS, GUTTERS, SIDEWALKS, 13 1 THE FIRST AREA IS THE BEAUMONT AVENUE 2 CORRIDOR. AND BY THAT, 1'M REFERRING TO THE AREA 3 ESSENTIALLY BETWEEN 14TH STREET AND 6TH STREET 4 ALONG BOTH SIDES OF BEAUMONT AVENUE. THIS IS AN 5 AREA THAT IS HISTORICALLY IN A RESIDENTIAL 6 CONDITION AND IS NOW CONVERTING TO A NEIGHBORHOOD 7 RETAIL AND OFFICE PROFESSIONAL USES, THERE ARE 8 STARTING TO BE SOME VISIBLE CHANGES IN THE AREA, 9 AND MANY RESIDENTIAL PROPERTIES HAVE CONVERTED TO 10 OFFICES AND OTHER NICE, COMMERCIAL DEVELOPMENTS. 11 CIRCLE "Ku ON BEAUMONT AVENUE 15 IN THE PROCESS OF 12 GETTING A FACE LIFT. WE HOPE TO 00 THAT TO THE 13 ALPHA BETA CENTER IN THE FUTURE, AS WELL, AND TO 14 HELP PROMOTE THOSE KIND OF BENEFICIAL CHANGES THAT 1s CREATE A BETTER APPEARANCE FOR THE COMMUNITY. 16 THE NEXT AREA 19 THE 6TH STREET CORRIDOR. AND 17 BY THAT, I'M REFERRING TO 67H STREET ALL THE WAY 18 FROM WHERE IT TERMINATES AT THE 1.10 FREEWAY IN THE 19 WEST END Of THE CITY TO THE EASTERN CITY BOUNDARY 20 AT HIGHLAND SPRINGS AVENUE. 21 IN THE CENTER OF THAT, CLUSTERED AROUND THE 22 BEAJMONT AVENUE INTERSECTION, WE HAVE THE MAKINGS 23 OF AN ANTIQUE DISTRICT. WE HAVE A NUMBER OF 24 ANTIQUE SHOPS. BY PROVIDING SOME OTHER BENEFITS !N 25 THAT AREA, IMPROVING THE STREETS, PAVING, 26 LANDSCAPING, LIGHTING, PARKING, AND THOSE SORTS OF 27 THINGS, WE CAN BEGIN TO CAPITALIZE ON WHAT 19 23 HAPPENING THERE AND MAKE THE AREA MORE VITAL AND 15 1 OTHER PUBLI` 1PROVEMENTS THAT MAY BLP :•,SSSING, 2 BASIOALLY To .REATE MORE ATTRACTIVE AND MORE 3 LIVABLE NEIGHBORH000S, RESIDENTIAL ENVIRONMENTS IN 4 THE CITY OF BEAUMONT. 5 WITH THAT BRIEF INTRODUCTION OF THE PURPOSES 6 WHY WE'RE MOVING AHEAD WITH THIS PROJECT, I'D LIKE 7 TO DESCRIBE SOME OF THE AREAS THAT ARE INCLUDED IN 8 THE PROJECT AREA AND WHY THOSE AREAS HAVE BEEN 9 INCLUDED. AND IN DOING SO, WE WOULD LIKE TO BREAK 10 THE CITY DOWN INTO SIX IDENTIFIABLE ENCLAVES, AND 11 AS WE BEGIN TO DISCUSS THOSE, I THINK YOU'LL BE 12 ABLE TO IDENTIFY WHAT SOME OF THE ELEMENTS ARE OF 13 EACH OF THOSE AREAS. 14 BEFORE 1 ACTUALLY DESCRIBE THE AREAS, LET ME 15 ALSO EMPHASIZE THAT REDEVELOPMENT, AS A PLANNING 16 PROGRAM, DOES NOT PLAN ANY LAND USE CHANGES OR ANY 1.7 LAND USE OR DEVELOPMENT IN THE CITY THAT IS NOT 18 CONSISTENT WITH ALREADY ADOPTED PLANS. THE CITY 19 COUNCIL LAST FEBRUARY APPROVED THE GENERAL PLAN. 20 THAT IS LARGELY CONSISTENT WITH THE ZONING THAT 21 ALREADY EXIST IN THE COMMUNITY, AND REDEVELOPMENT 22 DOES NOT CAUSE ANY CHANGES TO OCCUR IN THOSE 23 PARTICULAR POLICIES. IT MERELY PROVIDES A TOOL TO 24 HELP IMPLEMENT 'WHAT THE GENERAL PLAN FORESEES AND 25 TO PROVIDE SOME FINANCIAL OPPORTUNITIES IN DOING 26 90. 27 SO WITH THAT, LET ME TOUCH ON THE SIX AREAS 28 THAT COMPRISE THE PROPOSED REDEVELOPMENT AREA. 14 1 CREATE A NICE DOWNTOWN FOR THE AREA. 2 ALONG OTHER STRETCHES OF 6TH STREET, WE NEED 3 TO FOCUS ON DEVELOPING BETTER CLUSTERED, MODERN 4 RETAIL- CENTERS AND GET AWAY FROM THE OLD,.PROLONGED 5 STRIP COMMERCIAL DEVELOPMENT AS A MYRIAD OF SIGNS 6 THAT HAS HISTORICALLY BEEN IN THAT AREA. 7 WE ARE LOOKING TO DRASTICALLY IMPROVE THE 8 APPEARANCE OF 6TH STREET, AS WELL AS THE FUNCTION 9 AND USE, AND TO GET SOME VITAL BUSINESSES IN THAT 10 AREA, 11 THE THIRD AREA, WHAT WE ARE CALLING THE 12 SOUTHWEST INDUSTRIAL AREA, ESSENTIALLY THE AREA 13 SOUTH OF INTERSTATE 10 AND AROUND CALIFORNIA 14 AVENUE, INCLUDING THE CITY'S WASTE WATER TREATMENT 15 PLANT. WE, AT PRESENT, HAVE VERY SPOTTY INDUSTRIAL 16 DEVELOPMENT IN THAT AREA. IT IS PLANNED FOR A 17 LARGE INDUSTRIAL AREA AND EMPLOYMENT BASE IN THE 18 FUTURE, AND WE WANT TO WORK TO PROVIDE OPPORTUNITY 19 FOR BUSINESSES TO LOCATE IN THAT AREA AND BETTER 20 UTILIZE IT. THERE ARE SIGNIFICANT DEFICIENCIES IN 21 TERMS OF INFRASTRUCTURE IN THAT AREA AT PRESENT, 22 THERE 13 A SUBSTANTIAL NEED FOR WATER, SEWER, 23 ROADS, AND OTHER IMPROVEMENTS TO CAPITALIZE ON THAT 24 AREA AND MAKE IT WORK BETTER. 25 THE NEXT MAJOR SEGMENT UiTHIN THE PROJECT AREA 26 ARE RESIDENTIAL AREAS, AND WE INCLUDED IN THE 27 PROJECT AREAS SOME RESIDENTIAL AREAS BOTH EAST AND 28 WEST OF BEAUMONT AVENUE, PRIMARIF- 1419144F 6TH 1A L! 1 RGCI. '(-"— 1"21 164PM 2 AND AGAIN, I 'WANT TO EMPHAS..a THAT !T 18 NOT 3 AT ALL THE CITY'S DESIRE TO CAUSE ANY CHANGES IN 4 THOSE NEIGHBORHOODS IN TERMS OF THE USE WHICH IS 5 SINGLE FAMILY RESIDENTIAL. THE EMPHASIS IS REALLY 6 ON THE ABILITY TO BE ABLE TO GO IN AND EFFECT 7 IMPROVEMENTS WHICH WILL ASSIST THE NEIGHBORHOOD. 8 THERE ARE SEWER LINES IN THOSE NEIGHBORHOODS 9 THAT ARE PRESENTLY DEFICIENT AND PROBLEMATIC. 10 THERE ARE DRAINAGE PROBLEMS LOCAL1290 HERE AND 11 THERE. STREET SECTIONS AREN'T COMPLETELY BUILT 12 OUT, SIDEWALKS DON'T EXIST. OVERHEAD UTILITIES 13 EXIST. THOSE ARE THE TYPES OF PROBLEMS AND ISSUES 14 WE WANT TO ATTACK IN THOSE NEIGHBORHOODS TO IMPROVE 15 THEIR FUNCTION AND APPEARANCE FOR THE LONG TERM. 16 AGAIN, WE SEE THOSE AREAS AS A STRONG ASSET 17 AND STRONG BASE FOR BEAUMONT IN THE FUTURE. THE 18 NEXT AREA, FIFTH AREA, IS THE THREE RINGS RANCH, 19 ESSENTIALLY THE AREAS NORTHEAST OF 1.10 WEST OF ELM 20 AVENUE. AND IN THAT LOCATION, WE HAVE AN OLD HORSE 21 RANCH WHICH IS AN OBSOLETE USE AT THE PRESENT TIME. 22 WE HAVE A NUMBER OF UNREINFORCED MASONRY BUILDINGS, 23 UNREALIZED DEVELOPMENT POTENTIAL, SO WE WANT TO DO 24 WHAT WE CAN TO STIMULATE 0000 QUALITY DEVELOPMENT 25 FOR THAT COMMUNITY IN THAT AREA. 26 THE LAST AREA I WOULD LIKE TO TOUCH ON IS THE 27 AREA WHICH IS LOCATED BETWEEN 1.10 AND HIGHWAY 60 28 ON THE WEST END OF BEAUMONT. THERE IS PRESENTLY 1 BASICALLY TAXES THAT ARE GENERATED BY NEW 2 DEVELOPMENT WHICH INCREASES THE VALUE OF THE AREA 3 ARE UTILIZED FOR REDEVELOPMENT TO FUNCTION. 4 80, IN OTHER WORDS, IF WE HAVE VACANT OR 5 UNDER - UTILIZED PROPERTY WHICH RECYCLES FOR HIGHER 6 VALUE DEVELOPMENT, IT'S THE SAME ONE PERCENT TAX 7 RATE THAT EVERYBODY HAS BY PROP 13 GENERATES MORE 8 MONEY BY THE INCREASED VALUES ON THAT PROPERTY, 9 THAT MONEY CAN ACCRUE TO THE REDEVELOPMENT AGENCY 10 IN ORDER FOR IT TO ACCOMPLISH ITS PROJECT. IN 11 OTHER WORDS, IT'S REALLY A REALLOCATION OF TAX 12 MONIES THAT WOULD ORDINARILY SE COMING IN, NOT AN 13 INCREASE IN TAX RATES, AND PARTICULARLY NOT FOR ANY 14 EXISTING RESIDENCES IN THE COMMUNITY. 15 SOME OF THE ACTIVITIES THAT THE AGENCY WILL 16 ULTIMATELY 'UNDERTAKE IS TO ACQUIRE A PACKAGE LAND 17 TO BUY PARCELS IN THE PROJECT AREA AND PREPARE THEM 18 FOR DEVELOPMENT WHICH WOULD GENERATE MORE TAX 19 REVENUES IN THE FUTURE. SO THE AGENCY HAS THE 20 ABILITY TO BUY AND SELL LAND AND TO ASSIST 21 DEVELOPERS IN COMING IN AND PERFORMING PROJECTS 22 THAT ARE A BENEFIT TO THE COMMUNITY. 23 WE ARE LOOKING TO ESTABLISH A STRONG 24 RESIDENTIAL PROGRAM WHEREBY WE DEVELOP THOSE PUBLIC 25 IMPROVEMENTS THAT I TALKED ABOUT EARLIER; 26 SIDEWALKS, CURBS AND GUTTERS, DRAINAGE 27 IMPROVEMENTS, SEWER LINE REPLACEMENT IN THE 28 RESIDENTIAL NEIGHBORHOCDS. WE ALSO WANT TO 17 1el 1 VERY SPORAD' ` EVELOPMENT IN THAT AItfA,6A8 WELL. 2 THERE IS 516niFICANT ACCESS PROBLEMS THAT WERE 3 CREATED WHEN THE HIGHWAYS WERE CONSTRUCTED. WE 4 DON'T HAVE MODERN FREEWAY OFF RAMPS AND 5 INTERCHANGES. AND THE DEVELOPMENT POTENTIAL OF 6 THAT AREA WILL NOT BE REALIZED UNTIL WE BEGIN TO 7 SOLVE THOSE PROBLEMS AND OTHER PROBLEMS. THERE ARE 8 SOME USES THAT ARE LOCATED IN THAT AREA, BUT THEY 9 HAVE ALL BEEN THERE FOR A WHILE, AND WE HAVEN'T HAD 10 THE OPPORTUNITY TO GENERATE ANY NEW QUALITY LAND 11 USES IN THAT AREA, AND WE WANT TO CO WHAT WE CAN TO 12 MAXIMIZE THOSE OPPORTUNITIES FOR THE BENEFIT OF THE 13 COMMUNITY. 14 AND THAT GIVES YOU A BRIEF TOUR OF THE PROJECT 15 AREA AND SOME OF THE PROBLEMS WE'RE HOPING TO 16 ADDRESS AS WE MOVE FORWARD WITHIN THIS PROJECT. 17 1 WOULD LIKE TO NOW TOUCH ON SOMETHING A 18 LITTLE MORE SPECIFIC ON SOME OF THE ACTIVITIES THAT 19 THE REDEVELOPMENT AGENCY INTENDS TO UNDERTAKE OVER 20 THE ENSUING FEW AREAS. 21 AND FIRST OF ALL, I WOULD LIKE TO START OUT BY 22 EXPLAINING BRIEFLY HOW THE REDEVELOPMENT AGENCY 23 GETS ITS FUNDING. THERE MAY BE A MISCONCEPTION OUT 24 THERE THAT TAX RATES ARE INCREASED ON EXISTING 25 RESIDENCES AND DEVELOPMENT TO GENERATE REVENUES FOR 26 THE REDEVELOPMENT AGENCY TO FUNCTION. THAT 27 ACTUALLY IS NOT THE CASE. THE TOOL THAT'S UTILIZED 28 PRIMARILY IS CALLED TAX INCREMENT FINANCING. AND 18 1 ESTABLISH A LOW INCOME -- OR RATHER A LOW INTEREST 2 LOAN PROGRAM WHEREBY RESIDENTS IN THE PROJECT AREA 3 WILL HAVE ACCESS TO LOW - INTEREST FINANCING IN ORDER 4 TO IMPROVE THEIR RESIDENCES, TO CREATE ADDITIONS TO 5 THEIR MOUSES AND BASICALLY TO HELP MAKE THE 6 NEIGHBORHOODS BETTER IN THE LONG TERM. 7 IN THE AREA OF COMMERCIAL DEVELOPMENT, WE'RE 8 LOOKING TO DO SIMILAR THINGS TO ESTABLISH PROGRAMS 9 WHEREBY MERCHANTS IN EXISTING BUSINESSES IN THE 10 CITY HAVE ACCESS TO LOW-INTEREST MONIES SO THEY CAN 11 MAKE IMPROVEMENTS TO COMMERCIAL PROPERTIES, 12 GENERATING MORE JOBS AND GENERATING MORE REVENUES 13 AND BETTER QUALITY OF BUSINESS FOR THE COMMUNITY. 14 IN THE CENTRAL AREA, IF WE ARE SUCCESSFUL IN 15 REVITALIZING DOWNTOWN BEAUMONT, CAPITALIZING ON THE 16 ANTIQUE DISTRICT, WE WANT TO CREATE MUNICIPAL 17 PARKING AREAS FOR AREAB THAT ARE PRESENTLY VERY 18 SHORT OF PARKING. THE LOW INTENSITY USES THAT 19 EXIST IN THE AREA NOW IS GENERALLY NOT A PROBLEM, 20 BUT AS THE AREA DEVELOPS MORE FULLY, WE WILL HAVE 21 THE NEED FOR ADDITIONAL PARKING. 22 WE ALSO WANT TO HAVE THE ABILITY TO GO IN ON 23 BEAUMONT AVENUE AND 61H STREET, SOME OF THE MORE 24 IMPORTANT ROADWAYS IN THE COMMUNITY, AND WE WILL BE 25 ABLE TO MAKE VISIBLE IMPROVEMENTS, PUT IN BETTER 26 LANDSCAPING, BUS BENCHES, BUS SHELTERS, THINGS THAT 27 MAKE THE COMMUNITY MORE ATTRACTIVE TO 00 BUSINESS 28 IN AND LIVE IN. SOME OF THE SPER344RA ECTS THAT IT D C,,,1 _ 1 lr °I';D "HOSE . ?RALITIES THAT I 2 HAVE DISCUSSED ARE PROFILED IN The HANDOUT THAT YOU 3 MAY HAVE PICKED UP WHEN YOU CAME IN. AND IF YOU 4 HAVENIT, YOU'RE WELCOME TO DO SO ON YOUR WAY OUT, 3 THE WASTE WATER TREATMENT PLANT, AS YOU 6 PROBABLY READ IN THE PAPER, HAS BEEN UP -- IS IN 7 THE PROCESS OF SEING UPGRADED. THE DESIGN 13 3 PRESENTLY UNDERWAY. WE RECOGNIZE THAT IN THE 9 FUTURE FOR BEAUMONT TO GROW, FURTHER IMPROVEMENTS 10 WILL BE NECESSARY FOR WASTE WATER TREATMENT PLANTS, 11 SO THAT 18 A PROGRAM THAT HAS BEEN IDENTIFIED AS A 12 REDEVELOPMENT ACTION IN THE FUTURE. 13 WE WANT TO GENERATE AND DEVELOP MORE PARKS IN 14 THE COMMUNITY. THERE ARE CERTAIN AREAS IN THE 15 COMMUNITY AT PRESENT THAT HAVE ADEQUATE PARKS, 16 CERTAIN AREAS DO NOT. SO WE WANT HAVE THE ABILITY 17 TO COME IN AND CONSTRUCT MORE PARKS BASICALLY FOR 18 THE SENEFTT OF THE COMMUNITY, THE CITY YARD 18 19 ANOTHER NECESSITY FOR THE FUTURE. 20 DRAINAGE IMPROVEMENTS ARE VERY IMPORTANT IN 21 THE COMMUNITY, WITH THE UPCOMING RAINY SEASON, WE 22 EXPECT TO GET PHONE CALLS FROM A NUMBER OF AREAS AS 23 DRAINAGE PROBLEMS ARE EXPERIENCED, AND WE WANT TO 24 HAVE THE FUNDING MECHANISM IN PLACE IN ORDER TO 25 CORRECT SOME OF THOSE PROBLEMS. WE ARE WORKING 26 WITH THE COUNTY FLOOD CONTROL DISTRICT TO IDENTIFY 27 THOSE IMPROVEMENTS THAT ARE NECESSARY TO SERVE THE 28 PROJECT AREA, AND WILL BE LOOKING TO SET ASIDE 21 1 DOCUMENT WHICH 13 ABOUT TWO INCHES THICK AND 2 ADDRESSED ALL OF THE POTENTIAL ENVIRONMENTAL 3 CONSEQUENCES OF PERFORMING A REDEVELOPMENT PROJECT, 4 AND WE DISTRIBUTED THAT DOCUMENT FOR A 45 -DAY 5 REVIEW PERIOD TO ALL OF THE AGENCIES, AND MADE 6 COPIES AVAILABLE TO THE PUBLIC THROUGH CITY HALL 7 AND TO THE LIBRARY LOCALLY HERE. 8 AT THE CLOSE OF THAT 45•OAY REVIEW PERIOD, WE 9 RECEIVED COMMENTS FROM HALF A DOZEN AGENCIES, AND 10 WE RESPONDED TO THOSE COMMENTS IN WRITING AND 11 PREPARED WHAT WE CALL A FINAL EIR WHICH IS THE 12 ORIGINAL DRAFT THAT WAS MAILED OUT, ANY CORRECTIONS 13 THAT WERE PROMPTED AS A RESULT OF THE COMMENTARY, 14 AS WELL AS THE COMMENTS IN WRITTEN FORM THAT WE 15 RESPONDED T0. THAT FINAL FIR IS NOW BEFORE THE 16 COUNCIL. IN YOUR COMMENTARY, YOU ARE WELCOME TO 17 ADDRESS ANY CONCERNS OR ISSUES YOU MAY HAVE 18 REGARDING THE ENVIRONMENTAL IMPACT REPORT. AND 19 WHEN THE COUNCIL TAKES ITS ACTION ON THE 20 REDEVELOPMENT PROJECT, SHOULD IT TAKE THE ACTION TO 21 APPROVE THE REDEVELOPMENT PROJECT, IT WILL BE 22 NECESSARY FOR COUNCIL TO CERTIFY TWAT ENVIRONMENTAL 23 DOCUMENT IN ORDER TO PROCEED AHEAD. 24 THAT PROVIDES A BRIEF OVERVIEW OF THE 25 ENVIRONMENTAL IMPACT REPORT. WITH THAT, WE TURN IT 26 SACK OVER TO DAYLE KELLER FOR MORE COMMENTS. 27 MS. KELLERc YOU WANT TO PASS THAT OVER. 28 THANK YCU, ERNIE AND THANK YOU, ANDRE, FOR 23 1 FUNDING TG � BUILD THOSE IMPORTANF',.PROVEMENTS 2 OTHER CArITAL PROJECTS ARE IDENTIFIED. 3 SPECIFIC ROADWAYS ARE IDENTIFIED FOR IMPROVEMENT, 4 SPECIFIC SEWER LINES AND STORM DRAINS THAT NEED TO 5 BE UPGRADED, AS WELL. 6 BONE OF THE OTHER GENERAL COMMUNITY 7 IMPROVEMENTS TWAT ARE INCLUDED INCLUDE LANDSCAPING, 8 AND ALSO GRAFFITI REMOVAL. THAT'S BEEN A VERY 9 SUCCESSFUL PROGRAM IN THE COMMUNITY, AND WE WANT TO 10 MAKE SURE ITf2 FUNDED IN THE LONG TERM. 11 THAT PROVIDES YOU A CAPSULE OF SOME OF THE 12 SPECIFIC PROJECTS THAT WE ANTICIPATE IN THE 13 REDEVELOPMENT PLAN. 14 AND THEN TRAN21TIONINO FOR THE NEXT ITEM ON 15 THE AGENDA IS THE ENVIRONMENTAL IMPACT REPORT WHICH 16 IS ALSO PREPARED FOR THE PROJECT. 17 STATE LAW REQUIRES THAT IN ORDER FOR A 18 REDEVELOPMENT PROJECT AREA TO BE ADOPTED, THAT AN 19 ENVIRONMENTAL IMPACT REPORT MUST BE PREPARED. SO 20 WE 016 EARLIER THIS YEAR PREPARE AN ENVIRONMENTAL 21 IMPACT REPORT. WE STARTED THAT PROCESS BY ISSUING 22 A N0710E OF PREPARATION WHEREBY ALL OF THE AGENCIES 23 IN THE AREA WERE NOTIFIED OF OUR INTENT TO PREPARE 24 AN ENVIRONMENTAL IMPACT REPORT. IN RESPONSE TO 25 THAT NOTICE, WE RECEIVED A NUMBER OF COMMENTS 26 SUGGESTING WHAT THE SCOPE OR CONTENT OF THAT 27 ENVIRONMENTAL IMPACT REPORT SHOULD BE. WE TOOK 28 THAT INFORMATION AND WENT AHEAD A140 PREPARED A 22 1 THAT PRESENTATION. 2 I WANT TO TAKE A MOMENT AND THANK YOU FOR 3 BEING HERE TONIGHT, AS YOU'VE HEARD, THE PROCESS 4 HAS BEEN A VERY COMPREHENSIVE AND LENGTHY ONE. 5 THERE HAVE BEEN A NUMBER OF PROCEDURES, A NUMBER OF 6 ITEMS THAT HAVE GONE BEFORE THE CITY COUNCIL AND 7 THE REDEVELOPMENT AGENCY, AND FOR SEVERAL MONTHS S NOW, THEY HAVE BEEN REVIEWING ALL OF THESE 9 DOCUMENTS. 10 ONE OF THE THINGS THE COUNCIL AND AGENCY MAKE 11 VERY CLEAR IN THE BEGINNING 13 THAT UPPERMOST IT 12 WOULD BE PROVIDING OPPORTUNITY FOR INPUT, COMMENTS, 13 AND QUESTIONS FROM THE COMMUNITY. THE COUNCIL WAS 14 VERY SENSITIVE TO THE FACT THAT IT DID NOT WANT TO 1S GO FORWARD WITHOUT MAKING SURE THAT EVERYONE HAD 16 THEIR QUESTIONS ANSWERED AND EVERYONE FELT 17 SATISFIED THAT THEY KNEW WHAT WAS GOING ON AND HAD 18 EVERY OPPORTUNITY TO ASK QUESTIONS. I THINK THAT 19 WE HAVE DONE A NUMBER OF THINGS TO TRY TO 20 FACILITATE THAT. WE HAVE HAD THREE SEPARATE 21 COMMUNITY MEETINGS. THOSE HAVE BEEN MEETINGS WITH 22 STAFF, CITY COUNCIL. THE AGENCY HAVE NOT BEEN 23 FORMALLY PRESENT AT THOSE MEETINGS, ALTHOUGH AT 24 TIMES THEY WERE PRESENT. SO REALLY TONIGHT IS THE 25 FIRST OPPORTUNITY THAT THE COUNCIL AND AGENCY HAS 26 TO REALLY HEAR FROM YOU DIRECTLY. 27 1 KNOW THE MAYOR STATED AT THE BEGINNING OF 28 THE PUBLIC NEARING, IF YOU WISH ;"&K1`0 1`0 FILL 24 2-90 1 DEC „r.,., l 16RMABLE AND ' `N IT INTO MARY, 1 2 AND THEN MARY WILL BRING IT UP TL ..ER. I WOULD 2 3 REALLY ENCOURAGE-YOU TO DO THAT. 3 4 1 KNOW THE LETTER THAT I SENT OUT TO YOU 4 5 EARLIER THIS MONTH LED TO A NUMBER OF PHONE 3 6 INQUIRIES, AND WE WERE VERY HAPPY TO GET THOSE, AS 6 7 WELL. I THINK BETWEEN ERNIE AND 1, WE PROBABLY 7 8 SPOKE TO 75 OR A HUNDRED DIFFERENT INDIVIDUALS. 1 8 9 THINK SOME OF YOU WHO WE HAVE SPOKEN TO ARE HERE 9 10 THIS EVENING. 10 11 SO AGAIN, WHILE THIS 13 A MORE FORMAL PUBLIC 11 12 HEARING, 1 REALLY WOULD ENCOURAGE YOU TO SPEAK AND 12 13 LET THE COUNCIL AND AGENCY KNOW YOUR FEELINGS ABOUT 13 14 THIS. 14 15 THE OTHER THING IS, AS STAFF, WE WILL ALSO BE 15 16 AVAILABLE AFTER THE MEETING TONIGHT TO ANSWER ANY 16 17 QUESTIONS AT THE MAPS THAT YOU MAY HAVE. 17 18 SO WITH THAT, I'M GOING TO TURN IT BACK OVER 16 19 10 MAYOR LEJA. 19 20 MAYOR LEJA: THANK YOU. 20 21 AT THIS TIME WE WILL OPEN THE PUBLIC HEARING. 21 22 IT'S 6:47, FOR THE RECORD. 22 23 AGAIN, I WOULD LIKE TO THANK THE PEOPLE FOR 23 26 COMING TONIGHT AND SHARING YOUR COMMENTS. IF YOU 24 25 HAVE NOT HAD AN OPPORTUNITY TO FILL OUT THIS FORM, 25 26 THEY ARE ON THE BACK TABLE. GIVE THEM TO MARY, AND 26 27 SHE WILL BRING THEM UP SO I CAN CALL ON YOU. 27 28 1 WOULD ALSO ASK THAT YOU KEEP YOUR REMARKS •• 28 MORE MONEY, ONE PERCENT OF THE SALES TAX DOES GO 25 22 NORMALLY WE ' A RULE THAT COUNCIL Pi'L LIMIT REMARKS TO ThRSE MINUTES, BUT GIVEN THAT THIS IS SUCH AN IMPORTANT ITEM FOR OUR CITY, PLEASE FEEL FREE TO ASK AS MANY QUESTIONS ABOUT THE REDEVELOPMENT PROJECT TONIGHT AS YOU WISH, BECAUSE WE WANT TO MAKE SURE YOUR QUESTIONS AND CONCERNS ARE ADDRESSED. YOU WILL BE GETTING A FORMAL . WRITTEN DOCUMENT IN THE MAIL ANSWERING YOUR QUESTION, AS WELL. TWATFS ONE REASON IT'S IMPORTANT TO FILL THIS OUT SO WE HAVE YOUR NAME AND ADDRESS; OKAY? AND WHEN YOU DO COME TO THE MICROPHONE, JUST FOR THE FORMALITY FOR THE COURT REPORTER THAT WE HAVE HERE TONIGHT, IF YOU CAN GIVE US YOUR NAME AND ADDRESS FOR THAT RECORD, AS WELL. SO I WOULD LIKE TO FIRST CALL ON BOB MILLER. MR. MILLER: 108 MILLER. THANKS FOR THE OPPORTUNITY. I'VE BEEN A RESIDENT •• ACTUALLY I'M NOT A RESIDENT. I HAVE A BUSINESS HERE IN BEAUMONT. MAYOR LEJA: COULD YOU GIVE US YOUR ADDRESS? MR. MILLER: BOB MILLER, 1463 EAST 6TH STREET, BEAUMONT, MAYOR LEJA: THANK YOU. MR. MILLER: I'VE BEEN IN BUSINESS IN BEAUMONT FOR 16 YEARS, BEEN HERE FOR THE PAST 25. I FEEL THAT, AS THE CITY OF BEAUMONT, WE NEED TO 26 GROW. AND ONE WAY WE CAN GROW AHD KEEP IN 1 DON'T WATCH IT, THEY ARE GOING TO PASS US UP AND COMPETITION WITH THE REST of CITY IS THROUGH THE 2 MOVE ALL TO CASIZON, THAT'S ALL I GOT TO SAY. REDEVELOPMENT. 3 MAYOR LEJA: THANK YOU. A LOT OF TIMES I READ THE PAPER AND FIND ALL 4 WE WILL GET ALL OF THE COMMENTS FIRST, AND THESE NEW BUSINESSES ARE ATTRACTED TO OUR AREA OR 5 THEN WE WILL HAVE RESPONSES BY COUNSEL AND THE AREAS LIKE OURS, AND WE GIVE AWAY ALL OF OUR TAX 6 CONSULTANTS. DOLLARS IN ORDER TO GET THEM HERE, LIKE WAL MART 7 LARRY GUSTUSON. AMC ALL DIFFERENT TYPES OF BUSINESSES, BUT WHEN WE 8 MR. GUSTUSCN: WELL, I'D LIKE TO •• LARRY DO THAT, WE HURT ALL OF RESIDENTS AND THE CITIES 9 GUSTUSON, 1535 EAST 6TH, BEAUMONT. THAT ARE DOING IT. AND WHAT WE NEED TO 00 3 10 I'VE BEEN IN THE AREA SINCE 1974, BEEN IN REBUILD THE AREAS WE HAVE, ANO LET'S HELP THE 11 BUSINESS SINCE 1979, AND THE PROGRESS THAT 1 HAVE PEOPLE THAT ARE ALREADY HERE, HELP THEM TO tMPROvE 12 SEEN IS NOT REALLY STACKED UP TO PROGRESS IN THE THEIR BUSINESS 50 TWAT WE CAN CONTINUE To KEEP 13 SURROUNDING COMMUNITIES, AND TMAT'S BEEN A CONCERN PEOPLE EMPLOYED AND HIRE ADCITIONAL PEOPLE. AND BY 14 OF MINE FOR A LONG TIME. AND WE NEED THIS TYPE OF DOING TWE REDEVELOPMENT, I THINK IT WOULD HELP ALL 15 IMPROVEMENT TO THESE •• TYPES OF IMPROVEMENTS IN OF US TO IMPROVE THE AREAS THAT WE HAVE, ESPECIALLY 16 OUR COMMUNITY TO MAKE US MORE COMPETITIVE WITH THE ALONG 6TW STREET AND THE CORRIDOR ALONG THE 17 SURROUNDING COMMUNITIES, THE PARTICULAR BUSINESS FREEWAY. THERE'S A LOT OF AREAS, MAYBE EVEN MY OWN 18 I'M :N AND 508 IS IN IS THE R.V. BUSINESS, AND WE PROPERTY COULD USE A LOT OF IMPROVEMENT. NONE OF 19 HAVE SEEN A LOT OF OUR BUSINESS GO ELSEWHERE SIMPLY US ARE PERFECT OUT THERE. 20 BECAUSE IT'S MORE ATTRACTIVE. PEOPLE ARE ATTRACTED AND WE NEED TO EARN MORE MONEY. IF WE EARN 21 TO NICE LOOKING SHOPPING AREAS AND NICE LOOKING MORE MONEY, ONE PERCENT OF THE SALES TAX DOES GO 22 CITIES, AND THEY DON'T WANT TO 00 INTO PLACES THAT BACK TO THE CITY $O THEY CAN UTILIZE IT TO KELP PAY 23 ARE NOT ATTRACTIVE. AND WE NEED A LOT OF THE BILLS, HIRE BETTER PEOPLE AND DO A BETTER JOB 24 IMPROVEMENT IN THAT AREA. WE HAVEN'T SEEN THAT. FOR ALL OF US. BUT BASICALLY 1 THINK TWAT THE CITY 25 WE HAVEN'T SEEN MUCH IMPROVEMENT OF OUR OF SEAU14ONT IN THE Z5 YEARS I'VE BEEN IN THIS AREA. J 26 INFRASTRUCTURE, OUR STREETS, OR WHAT HAVE YOU. AND WE JUST ARE NOT MOVING AHEAD. THEY ARE MOVING 127 I THINK THAT WOULD BE A BIG BENEFIT, AS 808 AROUND US. WE USED TO LAUGH ABOUT CABIZON, IF WE 28 MENTIONED, TO OUR TAX BASE, OUR Mika BASE, 27 28 Zb ' DFF(- 11T 'ra- ^� i0C ih� utiff(Ari1.a"l up N8 COMM'' 'TY. WE ARE ON THE OUTSKIRTS OF BEDROOM COMMUNITIES, AND-WE NAVE A LOT OF PEOPLE WHO .COMMUTE BO OR A HUNDRED MILES EACH WAY TO WORK. THOSE ARE VALUABLE ASSETS, AND I WOULD LIKE TO SEE THOSE PEOPLE BE ABLE TO GET 'UP AND 00 TO WORK CLOSER IN THIS COMMUNITY. AND IT WOULD BE BETTER FOR US ALL IF WE WOULD NAVE THE TAX BASE TO MAKE THESE IMPROVEMENTS, AND IMPROVE THE BUSINESS AREA, AS WELL AS ALL Of THE HOUSING AREAS. AND THIS 13 THE BEST PLAN THAT I HAVE SEEN THAT MIGHT BE ABLE TO ACCOMPLISH THOSE. AND THEREFORE, I'M ALL FOR IT. MAYOR LEJAt THANK YOU. DAVID 7APPE. MR. 2APPE: 11M DAVID ZAPPE REPRESENTING THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, AND I APPRECIATE THE OPPORTUNITY TO SPEAK TO YOU THIS EVENING. THE DISTRICT BELIEVES THAT IT WAS REACHED AGREEMENT WITH THE AGENCY. WE HAVE RECEIVED A ORAPT OF A COOPERATION AGREEMENT FROM THE AGENCY'S COUNCIL, AND WITH SOME SLIGHT CLERICAL REVISIONS, WE WILL BE ABLE TO PRESENT THAT PARTICULAR AGREEMENT TO OUR DISTRICT BOARD WITHIN AT LEAST TWO WEEKS TIME. AND WE UNDERSTAND THAT THE AGENCY'S HEARING ON THE PROJECT IS DECEMBER 13TH, AND HAS WITH THAT COURTESY EXTENDED TO US TO WORK WITH 291 IN SCHUELKE REAL ESTATE AT 591 6TH STREET, AND 1'M HERE FIRST TO COMMEND THE COUNCIL AND CITY STAFF FOR THEIR FORESIGHT IN BRINGING REDEVELOPMENT BACK BEFORE OUR COMMUNITY. I THINK IT'B AN EXCELLENT TIME TO BRING IT. I THINK WE NEED -- THE COMMUNITY IS IN DIRE NEED OF IT. I BELIEVE IN REDEVELOPMENT AS A MEANS TO REVERSE DETERIORATED TRENDS IN OUR COMMUNITY AND AS A MEANS BY THEIR AUTHORITY AND THEIR SCOPE AND FINANCING AVAILABLE, TO MAYBE BRING NEW INVESTMENT INTO OUR COMMUNITY AND MAKE IT MORE APPEALING FOR FURTHER INVESTMENT. AND I JUST FEEL THAT OUR CITY HAS A LOT ON WWICH TO BUILD ON, AND THIS IS A PERFECT TIME FOR REORGANIZATICN AND REDEVELOPMENT. THANK YOU, VERY MUCH. MAYOR LEJAt THANK YOU. WOLD ON JUST A SECOND. WE WILL GET YOU ANOTHER MICROPHONE THERE. MS. KILLER: TESTING ONE, TWO, THREE. TESTING. MAYOR LEJAt YOU JUST HAVE TO GET REALLY CLOSE TO IT. MS. VRIALt MY NAME IS ALMA VR2AL, 720 CALIFORNIA AVENUE IN BEAUMONT. AND 1 DON'T WANT TO BE SOUNDING REPETITIVE, BUT TONIGHT IS GOING ON RECORD, AND THAT'S WHY I'M REPEATING. ON PAGE TEN OF THE SUMMARY PROJECT DESCRIPTION ON THE STREET PAVING, THE CROWNS ARE SO HIGH, AND 31 1 THE AGENCY I" '0 THAT POINT IN TIME IN'ORDER TO 2 MAKE THAT ABn.tMENT A REALITY. AND IT'S ON THAT 3 BASIS, THEN, THAT THE DISTRICT IS NOT CALLING FOR A A PHYSICAL REVIEW AND IT HAS NOT CONTESTED THE PLAN. 5 THANK YOU, MAYOR. 6 MAYOR LEJA: THANK YOU. 7 STACEY LOVE. g MS. LOVE: STACEY LOVE. I'M SPEAKING FOR 9 THEM, ALSO, 11M STACEY LOVE WITH 226 EAST 6TH 10 STREET, LOVE'S SPORTING GOODS. 11 WE WANT TO EXPRESS OUR SUPPORT FOR THE 12 REDEVELOPMENT PROGRAM. WE FEEL THE CITY IS DATED 13 AND IS IN NEED OF REPAIR, AND OUR PROPERTY VALUE IS 14 BEHIND OTHER AREAS. AND WE NEED GROWTH. AND OUR 15 DOWNTOWN COMMERCIAL AND BUSINESS DISTRICT SHOULD -- 16 WILL BE MODERN AND MORE UP TO DATE. IF WE DON'T 17 PLAN AHEAD, CERTAIN INDUSTRIES WON'T WANT TO MOVE 18 TO OUR AREA. THE CITY'S REDEVELOPMENT PROGRAM IS 19 GOING TO ATTRACT NEW BUSINESSES AND INDUSTRIES. 20 THIS WILL INCREASE CUR CITY REVENUES THROUGH 21 BUSINESS LICENSES AND TAXES. AND WITHOUT 22 REDEVELOPMENT, I THINK PROPERTY VALUES IN OUR CITY 23 WILL GO DOWN. 24 MAYOR LEJA: THANK YOU. 25 EMELINE SCHUELKE. 26 MS. SCHUELKE: MY NAME IS EMELINE 27 SCHUELKE, AND I RESIDE AT 1350 PALM AVENUE IN 28 BEAUMONT, AND I AM A BROKER -- A REAL ESTATE BROKER 30 1 IT TALKS ABOUT JUST REPAVING, AND THEY DO NEED TO 2 BE MILLED DOWN SO THAT PEOPLE DON'T DRAG WHEN THEY 3 GO IN DRIVEWAYS. 4 AND ALSO, ON THE GUTTERS ON THE CURBS ON PAGE 5 NINE, THE EXISTING CURBS IN THE OLD PART OF TOWN 6 ARE SO HIGH, THEY NEED TO BE CUT DOWN SO THEY MATCH 7 THE NEW ONES. AND ON THE SEWERS, THEY REALLY DO S NEED TO B£ FIXED IN OUR AREA. THEY ARE A DISASTER. 9 THANK YOU. 10 MAYOR LEJA: THANK YOU. 11 DAVID MC ELROY. 12 MAKE SURE YOU'RE REALLY CLOSE TO THE MIKE. 13 MR. MC ELROY: DAVID MC ELROY, RIVERSIDE 14 COUNTY, 4080 LEMON STREET, 12TH FLOOR, IN 15 RIVERSIDE. 16 MADAM CHAIRMAN AND MEMBERS OF THE BOARD, I'D 17 LIKE TO THANK YOUR CONSULTANTS AND STAFF FOR THE 18 COOPERATION THAT THEY HAVE SHOWN US TODAY WITH THIS 19 PLAN. UP UNTIL SEPTEMBER, FOR FIVE AND A HALF 20 YEARS BEFORE THAT, 1 WAS THE MANAGER OF THE 21 RIVERSIDE COUNTY REDEVELOPMENT AGENCY, INCLUDING 22 CA8120N, AND I KNOW HOW POSITIVE REDEVELOPMENT CAN 23 BE AND WHAT AN ASSET IT CAN BE IN HELPING TO TURN 24 AROUND AREAS THAT ARE IN NEED OF SPECIAL ATTENTION. 25 AND WE ARE GENERALLY SUPPORTIVE OF THAT CONCEPT, 26 MR. EGGER DIDN'T REALLY FOCUS ON MY CONCERN 27 THIS EVENING WHEN HE TALKED ABOUT THE REALLOCATION 28 OF TAX MONIES. THE COUNTY'S CONWAOLP PHYSICAL 32 282- I '��i�Tniv n��9i1{ni 1;Z' T.2'T FROM f "'9 PLAN, WE 1 INDUSTRIAL ' °"' R EVEN IN THE LARGERP�ITIES SUCH AS 2 HAVEN'T HAD THE OPPORTUNITY YET WORK THROUGH 2 SAN BERNARD._.. AND REDLANDS. NOW 00 YOU PROPOSE 3 THAT WITH YOUR STAFF AND CONSULTANTS, AND SO WHAT 3 THAT WE CAN BRING ABOUT BUSINESS IN THE BEAUMONT 4 WE ARE LOOKING FORWARD TO IS YOUR APPROVAL OF THAT 4 AREA WHEN BY AND LARGE BASICALLY IN THE PAST, IT'S 5 EXTENSION TO OECLIMBER 13TH FOR ADDITIONAL 5 BEEN A RESIDENTIAL AREA? THAT'S MY FIRST QUESTION. 6 INFORMATION TO BE SUBMITTED TO YOU. AND I'M SURE 6 SECONDLY, UPON THE APPROVAL OF THIS 7 WE CAN WORK WITH YOUR STAFF AND CONSULTANTS AND 7 REDEVELOPMENT PROJECT, THE AGENCY HAD THE OPTION TO 8 COME UP WITH SOME AGREEMENT BY THAT TIME. 8 BUY PARCELS OF LAND ACCORDING TD THE FAIR MARKET 9 THANK YOU. 9 VALUE. IF THE OWNER OF THE PROPERTY DOES NOT AGREE 10 MAYOR MAI THANK YOU. 10 TO THE OFFERED PRICE, DOES HE OR SHE HAVE ANY LEGAL 11 FORGIVE ME WHEN 1 MISPRONOUNCE THIS NAME -- 11 RECOURSE? 12 M1E TIE. 12 AT LAST I WOULD LIKE TO MAKE SOME COMMENTS. 1 13 MS. TSE: NOT EVEN CLOSE. 13 AGREE THAT IMPROVEMENTS ARE NEEDED IN BEAUMONT, 14 MAYOR MAI WELL -- 14 BEARING IN MIND THAT BEAUMONT 12 LARGELY A 15 MS. TSE: MY NAME IS MIE, M -1 -E. LAST 15 RESIDENTIAL COMMUNITY. I AM CONCERNED WITH THE 16 NAME IS TSE, T -S -E. 1 RESIDE AT 1003 RADKA AVENUE 16 KINDS OF IMPACT THAT THIS WILL HAVE ON THE LIVES OF 17 IN BEAUMONT. 17 PEOPLE WHO LIVE WERE FOR MANY, MANY YEARS, MANY 18 MAYOR LEJA: CAN YOU PRONOUNCE IT ONE 18 GENERATIONS IN SOME CASES. MY PRIMARY CONCERN IS 19 MORE TIME? 19 THE UNKNOWN ELEMENTS ONCE THIS PROJECT IS APPROVED, 20 MS. TSEI MIE TSE. THE "T" IS SILENT. 2C NOW THIS WILL AFFECT PEOPLE'S LIVES. MY FATHER HAS 21 MAYOR LEJA: OKAY. 21 A RESTAURANT ON BEAUMONT AVENUE THAT HE'S 22 MS. TSE: 1 MISSED THE LAST INFORMAL 22 COLLECTING PAYMENTS ON A NOTE. THIS IS HIS PRIMARY 23 MEETING, SO I APOLOGIZE. I HAVE A COUPLE OF 23 INCOME NOW BECAUSE HE IS NOW HANDICAPPED. MY 24 QUESTIONS, AND I WILL ADDRESS THE QUESTIONS FIRST. 24 CONCERN 19 HOW IS THIS GOING TO AFFECT MIS LIFE. 25 MAYOR LEJA: YOU NEED TO GET RIGHT UP TO 25 AND THAT'S ALL I HAVE. 26 THE MICROPHONE. 26 MAYOR LEJA: THANK YOU. 27 MS. TSE: UNDER TODAY'S ECONOMY, IT'S 27 BROOKS COLEMAN. 26 DIFFICULT TO ENCOURAGE BUSINESS DEVELOPMENT AND 20 MR. COLEMAN: 0000 EVENING. I AM BROOKS 33 34 1 COLEMAN, PUBLIC ECONOMICS, REPRESENTING BEAUMONT 1 I WOULD LIKE TO STATE THAT WE APPRECIATE THE 2 UNIDENTIFIED SCHOOL DISTRICT, THE SAN JACINTO -- 2 COMPETENCY AND PROFESSIONALISM OF YOUR STAFF AND 3 MT. SAN JACINTO COMMUNITY COLLEGE DISTRICT AND THE 3 CONSULTANTS. THEY ARE VERY FINE TO WORK WITH, AND 4 COUNTY -- EDUCATION. I DO APPRECIATE THE CHANCE TO 4 WE APPRECIATE THE FACT THAT THEY HAVE ACKNOWLEDGED 5 ADDRESS YOU THIS EVENING. WE ESPECIALLY APPRECIATE 5 THAT THERE 19 AN IMPACT ON THE SCHOOLS. AND ONCE 6 THE ACKNOWLEDGMENT EARLIER THAT THE AGENCY WILL 6 WE HAVE THAT, WE CAN REACH AN AGREEMENT. 7 EXTEND TO DECEMBER 13TH OUR OPPORTUNITY TO PRESENT 7 WE ARE VERY APPRECIATIVE OF THE PROPOSAL THAT e COMMENTS IF NECESSARY. AND WITH THAT, 1 WILL HAVE 8 WAS SUBMITTED, AND WE HAVEN'T HAD A CHANCE TO 9 JUST A FEW BRIEF COMMENTS THIS EVENING. 9 ANALYZE IT FULLYI WE THINK WE ARE ON THE ROAD TO 10 1 WOULD LIKE TO STATE THAT THE THREE DISTRICTS 10 REACHING A FULL AGREEMENT. 11 I REPRESENT, WE SUPPORT THE GOALS OF THE PROJECT, 11 AND WITH THAT, WE WISH YOU GOOD LUCK WITH THE 12 AND WE THINK iT /B GOOD FOR THE COMMUNITY AND 1TIS 12 PROJECT, AND WE WOULD BE GLAD TO ANSWER ANY 13 GOOD FOR THE SCHOOLS. AND 20, THAT SAID, WE DO 13 QUESTIONS IF YOU HAVE ANY AT THIS TIME. 14 WANT YOU TO UNDERSTAND, THOUGH, THAT THE SCHOOLS 14 MAYOR LEJAr THANK YOU. 15 MAKE UP ABOUT 4 PERCENT OF THE TAX BASE, 90 THERE 15 15 THERE ANYONE ELSE WHO WISHES TO ASK OR MAKE 16 IS AN IMPACT. IT MIGHT BE SAFE TO SAY WE ARE 1N 16 ANY COMMENTS AT THIS TIME? 17 THIS TOGETHER, AND IT'S VERY IMPORTANT THAT WE WORK 17 MR. STOCKTON, 010 1 CALL YOU? 16 TOGETHER IN UNDERSTANDING THE IMPACT ON THE 1E MR. STOCKTON& NO. I THOUGHT I SUBMITTED 19 SCHOOLS. THE IMPACT CAN BE ALLEVIATED, AND AS LONG 19 A REQUEST TO SPEAK. 20 AS WE HAVE AN ALLEVIATION AGREEMENT, WE ARE IN 20 MY NAME IS STEVE STOCKTON. I AM GENERAL 21 SUPPORT OF YOUR PROJECT. 21 MANAGER OF THE SAN GREGONIO PASS WATER AGENCY, 795 22 THE LAW SAYS IF THERE IS A DETRIMENT TO THE 22 EAST 6TH STREET, SUITE S. 23 SCHOOLS, IT MUST BE MITIGATED. AND AS A MATTER OF 23 OUR AGENCY 13 ALSO ONE OF THE AFFECTED TAXING 24 FACT, THE STATE LEGISLATURE PUT THIS INTO THE LAW 24 AGENCIES, AND WE ARE IN RECEIPT OF A COOPERATIVE 25 SAYING YOU HAVE TO SETTLE THIS AT THE LOCAL LEVEL. 125 AGREEMENT BETWEEN THE AGENCY AND THE AGENCY, IT'S 26 YOU CAN'T 00 TO THE COUNTY OR THE STATE; WE HAVE TO 26 KIND OF CONFUSING SINCE WE'RE BOTH AGENCIES. WE'RE 27 SETTLE IT RIGHT HERE. AND WE ARE OPTIMISTIC IN i 27 IN THE PROCESS OF REVIEWING THAT DOCUMENT AT THE 28 PURSUING THAT, AND THAT we WILL REACH AN AGREEMENT. 2B PRESENT TIME, AND WE ALSO REGUERMIk ANSION 35 36 1 D��; „ „�3�I,�QPMNStDERATT UP TO DECEMBER 2 13TH. 3 I WOULD, HOWEVER, LIKE TO ASK YOUR STAFF TO 4 "PROVIDE SOME ADDITIONAL FINANCIAL ANALYSIS TO 5 EVALUATE THE FULL FINANCIAL IMPACT ON THE TAX 6 INCREMENT TO THIS AGENCY OVER THE LIFE OF THE 7 PROJECT. THE DATA THAT HAS BEEN SUBMITTED TO THE 8 AGENCY AT THIS TIME, IT'S UNCLEAR WHAT THE 4 INCREMENTAL LOSS WOULD BE TO THE AGENCY IN BOTH THE 10 -- OUR SHARE OF THE ONE PERCENT TAX MONEY AND OUR 11 SHARE OF THE DEBT SERVICE FOUND THAT REPRESENTS OUR 12 PAYMENT TO THE STATE OF CALIFORNIA FOR THE STATE 13 WATER PROJECT. 14 AND WE ARE, TOO, VERY SUPPORTIVE OF THE 1S AGENCY. WE THINK IT'S GOOD ECONOMIC SENSE FOR THIS 16 CITY. IT'S GOOD ECONOMIC SENSE FOR OUR AGENCY. 17 THANK YOU. 1B MAYOR LEJA: THANK YOU. 19 15 THERE ANYONE ELSE WISHING TO ASK ANY 20 QUESTIONS OR MAKE ANY COMMENTS THIS EVENING? l 21 NORMALLY DON'T LET THE NEWSPAPERS ASK QUESTIONS AT 22 THIS TIME, BUT GO AHEAD, STEVE. 23 MR. FETIRANDT: JUST TWO THINGS. 24 MS. KELLERi YOU NEED TO COME TO THE 25 MICROPHONE AND GIVE US YOUR NAME AND ADDRESS FOR 26 THE RECORD. 27 MR. FETBRANDT: STEVE FETBRANOT FROM 29 PRESS ENTERPRISE. 37 RESIDENTIAL PROPERTY. WE DID THAT AT THE OUTSET OF THE PLAN ADOPTION PROCESS. UNDER THE REDEVELOPMENT PLAN, THE AGENCY DOES HAVE THE ABILITY TO ACQUIRE PROPERTY BY NEGOTIATED PURCHASE. HOWEVER, BEFORE AN AGENCY ACQUIRES LAND THROUGH A NEGOTIATED PURCHASE, IT MUST GO OUT -- FIRST OF ALL, IT MUST OFFER RELOCATION ASSISTANCE, ASSUMING IT INTENDS TO ACQUIRE UNDER THE PROCEEDINGS THAT'S BEEN PREVIOUSLY ADOPTED REGARDING THE RELOCATION PROCEEDINGS. IT ALSO NEIDS TO OFFER THI OWNER AN OWNER PARTICIPATION AGREEMENT AND AN OPPORTUNITY TO PARTICIPATE THEMSILVIS IN THE PROPOSED PROJECT. 14 THE AGENCY MUST ALSO GO AHEAD AND GET A FORMAL 1S APPRAISAL OF THE PROPERTY BEFORE IT CAN DO ANYTHING 16 TO ACQUIRE THE PROPERTY. IF THE PROPERTY OWNER 17 DORI NOT WANT TO SELL FOR THE APPRAISED VALUE. THE 18 PROPERTY OWNER IS WELCOME TO 00 OUT AND GET THEIR 19 OWN APPRAISAL. AGAIN, THE AGENCY IS DRIVEN SY 20 MARKIT FORCES. UNDER THAT SCENARIO, IF THE SELLER 21 DOESN'T WANT TO SELL, THERE'S NOTHING THE AGENCY 22 CAN DO ABOUT THAT, 1SPICIALLY WHERE IT HAS NO POWER 23 OF EMINENT DOMAIN, WHICH IS TRUE OF RESIDENTIAL 24 PROPERTIES, If IT HAS THAT POWER IN THE COMMERCIAL 25 PROPERTY, AGAIN, THE AGENCY THEN HAS TO SIT THERE 26 AND DECIDE WHETHIR OR NOT IT'S WORTH PROCEEDING. 27 WHAT NORMALLY HAPPENS IN THOSE CIRCUMSTANCES 28 IS THE AGENCY WILL GET AN APPRAISAL, AND THE 39 i TWO THI”. IN ERNIEII REVIEW,F bird WAS VERY 2 THOROUGH, HE _.JMERATED MANY, MANY PROJECTS AND 3 GOALS THAT THE AGENCY NAS FOR REVITALIZING THE 4 COMMUNITY. NOW MUCH IN ACTUAL DOLLARS BASED ON THE 5 AMOUNT OF AREA THAT NAS BEEN INCLUDED IN THE 6 PROJECT AREA CAN YOU ACTUALLY REDEVELOP? WHAT'S 7' THE VALUE Of THE REDEVELOPMENT? CAN YOU DO ALL OF 8 THOSE THINGS THAT YOU'RE TALKING ABOUT IN A 9 REASONABLE PERIOD OF TIME, OR IS THIS SOMETHING 10 THAT GOING TO BE AN ONGOING PROCESS THAT LASTS FOR 11 YEARS AND YEARS? 12 MAYOR LEJA: OKAY, THANK YOU FOR YOUR 13 QUESTION. 14 ARE THERE ANY OTHER QUESTIONS OR COMMENTS? 1S ANY OTHER QUESTIONS OR COMMENTS? 16 1 AM NOT GOING TO CLOSE THE PUBLIC HEARING 17 YET. WHAT 1114 GOING TO DO 15 TURN IT OVER TO ANDRE 18 AND DAYLE TO START ADDRESSING SOME OF YOUR 19 CONCERNS. IF YOU HAVE SOME OTHER QUESTIONS WHICH 20 ARISE DURING THAT PORTION, THEN YOU'LL STILL HAVE 21 AN OPPORTUNITY TO MAKE THOSE KNOWN TO USI OKAY? 22 MS. KELLERU OKAY, MRS. TSE'S QUESTION, 23 1'M GOING TO ABK ANDRE TO RESPOND TO THE ONE 26 REGARDING PURCHASE PRICE AND LEGAL RECOURSE THAT 23 PROPERTY OWNERS MIGHT HAVE IN THIS INSTANCE. 26 MR. DE BQRTNOWSKI: FIRST OF ALL, WE NEED 27 TO 21 AWARE THAT THIS AGENCY HAS ELIMINATED THE USE 28 OF EMINENT DOMAIN WITH RESPECT TO ANY FORM OF 38 1 PROPERTY OWNER WILL GET AN APPRAISAL, AND HOPEFULLY 2 THE TWO PARTIES CAN AGREE. 3 AGAIN, THE SAME RIGHTS ARE EXTENDED TO THE 4 PROPERTY OWNER OF RELOCATION ASSISTANCE GUIDELINES S AND OWNER PARTICIPATION RIGHTS. 6 AS A PRACTICAL MATTER, IN MOST INSTANCES, THE 7 AGENCY DOESN'T WANT TO PROCEED WITH EMINENT DOMAIN. 8 THE REAL PURPOSE TO HAVE IT THERE 18 IF THERE'S A 9 SMALL PARCEL THAT 15 HOLDING UP A LARGER 10 DEVELOPMENT. IN THOSE CIRCUMSTANCES, THEY MAY WANT 11 TO ACQUIRE THE PROPERTY, EMINENT DOMAIN PICKUP FOR 12 THE REDEVELOPMENT AGENCY IS EXTREMELY EXPENSIVE. 13 ONE, BECAUSE MOST TIMES EMINENT DOMAIN PROCEEDINGS 14 UNDERTAKING IS A COURT PROCEEDING, AND MOST COURTS 1S ARE NOT VERY FAVORABLE TO PUBLIC ENTITIES, AND 16 PRIVATE INDIVIDUALS 00 VERY WELL IN THESE 17 CIRCUMSTANCES. AND WE, AS COUNSEL TO THE AGENCY, 18 ADVISE IT AS SORT OF A LAST RESORT. AND THERE ARE 19 NUMEROUS STATUTORY PROCEEDINGS THAT THE AGENCY MUST 20 FOLLOW BEFORE IT CAN EVEN ENTERTAIN THAT TYPE OF 21 ACTIVITY. 22 YOU ASKED ANOTHER QUESTION ABOUT FUTURE 23 IMPLEMENTATION ESSENTIALLY OF THE PLAN AND WHAT THE 24 ABILITY IS OF PEOPLE IN THE COMMUNITY TO 25 PARTICIPATE IN THE PLAN. AS OF JANUARY 1, 1994, 26 REDIVILOPMINT LAW HAS BEEN SUBSTANTIALLY REFORMED, 27 AND ONE OF THE PARTS OF THAT REFORM IS WHAT THEY 28 CALL AN ANNUAL OR A FIVE-YEAR IMIONEIFIA14A PLAN. 40 �2C4 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D Miaen�fariva� ln`Gw1 uGWT EVERY R YEARS AND JUSTIFY ITS ACTIVITIES, AND UNDER-4E ITS ACTIVITY UNDER THE PLAN. AND IT'S REQUIRED TO NAVE A PUBLIC NEARING EVERY FIVE YEARS. 30, EVERY FIVE YEARS, THE AGENCY WILL BE REVIEWING THE PLANS TO SEE WHAT PROGRESS HAS BEEN MADE AND SEEING WHAT FOR THE PROJECT IS NECESSARY AND WHERE IT NEEDS TO GO. AND SO THERE WILL BE INPUT OPPORTUNITIES OR INPUT FROM THE COMMUNITY AT THOSE PARTICULAR EVENTS. 1 THINK IT'S ALSO FAIR TO SAY THAT IF THE INDIVIDUAL PROPERTY OWNERS WANT MORE INFORMATION, THEY ARE WELCOME TO AVAIL THEMSELVES AND COME TO THE AGENCY AND ASK THE QUESTIONS ON AN INDIVIDUAL BASIS AND SEE WHAT THEIR ABILITIES ARE. THE REDEVELOPMENT PLAN 1S ESSENTIALLY JUST A FINANCING TOOL. YOUR DEVELOPMENT OF YOUR PROPERTY IS STILL CONTROLLED BY CITY ZONING ORDINANCES AND CITY GENERAL PLANNING GUIDELINES. BUT WHAT THE REDEVELOPMENT AGENCY OR THE REDEVELOPMENT PLANS TO DO IS PROVIDE ALL TYPES OF DIFFERENT ASSISTANCE TO HELP YOU DO THINGS WITH YOUR PROPERTY, SO YOU NEED TO TAKE ADVANTAGE OF THAT AND COME SEE WHAT THE AGENCY CAN OFFER YOU. MS. KILLER: I'LL GO AHEAD AND ADDRESS THE OTHER COUPLE OF QUESTIONS THAT MS. TSE HAD REGARDING HOW CAN WE COMPETE -- FOR EXAMPLE, ONE OF YOUR QUESTIONS WAS, HOW CAN THE CITY OF BEAUMONT IN OTHER COMMUNITIES, THAT IT WILL BE VERY BENEFICIAL TO YOUR FATHER AND OTHERS THAT ARE IN BUSINESS IN THE COMMUNITY. YES, AND OF COURSE PROPERTY VALUES SHOULD INCREASE, A$ WELL, AS A RESULT OF THIS BECAUSE PROPERTY WILL BECOME MUCH MORE DESIRABLE FOR NEW FIRMS THAT WILL MOVE IN. WE HAD A NUMBER OF AGENCIES SPEAK BEFORE US TONIGHT. AND I THINK, AS A GROUP, 1 WOULD LIKE ANDRE TO ADDRESS THOSE JUST GENERALLY AS TO WHAT WE CAN LOOK FORWARD TO IN THE NEXT FEW WEEKS. MR. DE BORTNOWSKI: 1 APPRECIATE ALL OF THE COMMENTS FROM THE VARIOUS TAXING ENTITIES. BEFORE 1 GET TO THAT, THOUGH, I WANT TO CALL UP BRIEFLY ONE OTHER ADOITIONAL QUESTION THAT 1 SORT OF GARNERED FROM THE QUESTION ASKED, AND THAT WAS ABOUT THE IMPACT ON THE RESIDENTIAL AREAS AND WHY THEY ARE PART OF IT AND WHAT THE TIE IN IS. WHEN YOU PUT TOGETHER THE PROJECT AREA, YOU'LL NOTICE THAT A LOT OF THE DEFICIENCIES IN THE COMMUNITY EXIST IN THE RESIDENTIAL AREAS. WHEN YOU DRIVE 'INTO SOME OF THE RESIDENTIAL AREAS, A LOT OF THE AREAS DON'T HAVE CURBS AND GUTTERS. THERE ARE PLACES WHERE THE STREETS AREN'T FULLY IMPROVED; THERE'S NOT STREET LIGHTING, AND A LOT OF THEM HAVE SEWER PROBLEMS. WITHOUT INCLUDING THOSE, IT BECOMES DIFFICULT TO HAVE ANY TYPE OF ASSISTANCE AVAILABLE FOR THOSE AREAS, THAT'S ONE OF THE 411 43 1 COMPETE WITH iGER CITIES THAT ARE HAVthi 2 DIFFICULTY Bk...GING IN BUSINESS. 3 VERY GOOD QUESTION. 6 WE BELIEVE THAT THE CITY OF BEAUMONT HAS MANY 5 ADVANTAGES AND MUCH TO OFFER TO THE BUSINESS 6 COMMUNITY. NOT ONLY DO WE HAVE AN IDEAL LOCATION 7 IN TERMS OF ITS QUALITY OF LIVING WERE AND THE 8 BEAUTY OF IT, WE HAVE A LOT OF OPEN LAND, 9 UNDER - UTILIZED LAND. WE ALSO HAVE A LOT OF NEW 10 RESIDENTIAL DEVELOPMENT PLANNED, WHICH 11 AUTOMATICALLY BRINGS A BED FOR COMMERCIAL 12 DEVELOPMENT WHICH WE PLAN TO TAKE ADVANTAGE OF IN A 13 WAY THAT WE WOULD HAVE VERY SIGN QUALITY COMMERCIAL 14 DEVELOPMENT. WE HAVE A LOT OF INDUSTRIAL LAND 15 INCLUDED IN OUR PROJECT AREA, AND WE BELIEVE IT'S 16 HIGHLY DESIRABLE. IT'S NEAR THE FREEWAY AND THE 17 RAIL; VERY DESIRABLE ELEMENTS FOR NEW INDUSTRIAL. 18 SO WE FEEL VERY STRONGLY THAT WE CAN COMPETE 19 VERY WELL WITH LARGER CITIES, MAYBE EVEN HAVE AN 20 ADVANTAGE OVER THEM FOR THAT. 21 YOU MENTIONED THAT YOUR FATHER'S INCOME IS 22 FROM A RESTAURANT ON BEAUMONT AVENUE. WE FEEL VERY 23 STRONGLY THAT THE ECONOMIC REVITALIZATION THAT THE 24 CITY WILL EXPERIENCE FROM THE REDEVELOPMENT PLAN IS 25 GOING TO HELP EVERY BUSINESS AND ENHANCE THE 26 PROFITS FROM THOSE BUSINESSES. 27 SO I WOULD SAY WE BELIEVE AND HAVE EVERY 28 REASON TO, HAVING SEEN WWAT REDEVELOPMENT HAS DONE 42 1 REASONS WE INCLUDED THEM. HOPEFULLY THE COMMERCIAL 2 DEVELOPMENT, INDUSTRIAL DEVELOPMENT IN THE 3 COMMUNITY WILL GENERATE ENOUGH FUNDS SO THAT WE L WILL HAVE SOME FUNDS TO START IMPROVEMENTS IN THE 5 RESIDENTIAL AREAS. THOSE ARE VERY HIGH ON THE 6 AGENCY'S PRIORITY LIST, AND THAT'S REALLY ONE OF 7 THE REASONS OF KEEPING THE RESIDENTIAL AREAS -- 8 WILL ELIMINATE EMINENT DOMAIN WITH RESPECT TO ALL 9 CONFORMING RESIDENTIAL USES. SO WE DON'T HAVE TO 10 ACQUIRE THOSE PROPERTIES. WE ESSENTIALLY JUST WANT 11 TO BE ABLE TO ASSIST THOSE PROPERTIES AND HOPEFULLY 12 USE SOME OF THE REVENUES FOR COMMERCIAL GROWTH TO 13 ASSIST, TO DO THINGS LIKE SEWER IMPROVEMENTS, 14 STREET LIGHTS, CURBS AND GUTTERS. 15 WITH RESPECT TO THE TAXING ENTITIES, WE HAVE 16 BEEN IN NEGOTIATIONS, AS I MENTIONED EARLIER, WITH 17 ALL OF TAXING ENTITIES, AND EVERYTHING LOOKS LIKE 18 WE ARE GOING TO CULMINATE AGREEMENTS WITH ALL OF 19 THE TAXING ENTITIES. I THINK AFTER THE CLOSE OF 20 THE HEARING, MAYOR LEJA WOULD ASK THE AGENCY TO 21 FORMALLY MOVE FOR AN EXTENSION OF TIME, AND THAT 22 WILL GIVE THEM THE COMFORT THEY ARE LOOKING FOR. 23 WE WILL BE WORKING VERY HARD NEXT WEEK.TO TRY AND 24 FINALIZE THOSE AGREEMENTS SO THAT WE CAN HOPEFULLY 25 SUBMIT THEM TO THE AGENCY ON THE 13TH AND WORK WITH 26 THE NEW AGENDA $O YOUR BOARDS CAN ALSO APPROVE 27 THOSE AGREEMENTS, 28 AND IF YOU HAVE ANY GUEST 44 D.�.. 1w v�JnrfiF' E7�,::tiIER THOSE. MS. KELLERt WE HAD A CL- _E OF QUESTIONS SPECIFICALLY REGARDING IMPROVEMENTS. WE HAVE THOSE FROM MRS. VRZAL REGARDING THE STREETS, CURBS AND SEWERS. AND ALSO MR. FETBRANDT HAD QUESTIONS ABOUT INCCMING FEES, AND I THINK I WOULD LIKE TO DEFER TO ERNIE OR POSSIBLY SANDY OR JERRY. MR. EGGER: THE TYPES OF PROBLEMS THAT ALMA VRZAL ADDRESSED ARE SPECIFICALLY SOME OF THE RATIONALE FOR INCLUDING SOME OF THE RESIDENTIAL AREAS IN THE PROJECT. AND IN IDENTIFYING SOME OF THE IMPROVEMENTS THAT WE DID, WE ARE WELL AWARE OF THE TYPES OF PROBLEMS THAT SHE HAS ALLUDED TO. ALMA HERSELF HAS DONE A GREAT JOB OF MAKING US AWARE OF THOSE, BUT WE DO GET COMMENTS FROM OTHER PEOPLE, AS WELL. IN CERTAIN PERIODS OF TIME, SUCH AS HEAVY RAIN, WE DO HAVE LOCAL DRAINAGE PROBLEMS AND OTHER ISSUES THAT REALLY NEED TO BE ADDRESSED. AND WE ARE ALSO, TO THAT END, MOVING FORWARD WITH THE PREPARATION OF A CAPITAL IMPROVEMENT PROGRAM FOR THE CITY, ASIDE FROM THE REDEVELOPMENT ALL TOGETHER, TO BEGIN IDENTIFYING AND TO CATALOG ALL OF THOSE PROBLEMS, SMALL LOCAL PROBLEMS TO -- ALL THE WAY UP TO LARGE PROBLEMS THROUGHOUT THE CITY, AND TO BEGIN TO ATTACK THOSE SYSTEMATICALLY ONE BY ONE, AND WE THINK REDEVELOPMENT IS GOING TO BE INSTRUMENTAL TO PROVIDING FUNDING TO MAKE THOSE 451 ADDRESS ALL OF DEFICIENCIES IN THE COMMUNITY AND TO DO THE BEST WE CAN TO MAKE BEAUMONT THE BEST THAT IT CAN 8E, BUT THE OBJECTIVE, AGAIN, IS TO ADDRESS THE PROBLEMS TO THE DEGREE THAT FUNDING IS AVAILABLE. MAYOR LEJA: YES, SIR, YOU HAD A QUESTION? PLEASE COME TO THE MICROPHONE, AND I WOULD ASK, TOO, AFTER YOU ASK YOUR QUESTION, IF YOU COULD FILL ONE OF THESE OUT JUST $O THAT WE HAVE iT ON WRITTEN RECORD, OKAY? MR. ELLIOT: I'M BILL ELLIOT, AND MOST PEOPLE AROUND WERE KNOW ME. I'VE BEEN WERE FOR THE LAST 40 YEARS. BUT I OWN CONSIDERABLE PROPERTIES, PARTICULARLY AROUND TOWN, AND I CAN'T SEE WHERE THAT THERE'S AN AWFUL LOT OF THIS PROPERTY THAT WE HAVE GOT SOME -- IN SOME OF YOUR GOOD STREETS SUPPOSEDLY THAT YOU HAVE INCLUDED. I CAN'T SEE WHERE YOU'RE GOING TO HELP. BUT IF YOU ARE GOING TO HELP, WHERE -- HOW MUCH MORE TAX MONEY IS IT GOING TO COST US, AND SO FORTH? I'VE GOT SOME PROPERTY ON PALM UP TO THE FRONT EDGE OF THE PROPERTY. I'VE GOT SOME PROPERTY ON ORANGE. YOU COME RIGHT UP PAST MY HOUSE APPROXIMATELY TO THE FENCE TO THE NEIGHBOR IS WHAT IT LOOKS LIKE, AND I'M WONDERING WHY. 1 JUST DON'T SEE ALL OF THESE THINGS THAT YOU'RE SEEING, AND SO FORTW. MAYBE I DON'T UNDERSTAND WHAT YOU'RE DOING, BUT I THINK THAT WHAT WE'RE GETTING INTO IS EXACTLY WWAT WE GOT 47 1 IMPROVEMENTS MAKE ALL OUR NEIGHBO&Il' A LITTLE 2 BIT BETTER. 3 MR. FETBRANDT FROM PRESS ENTERPRISE HAD A 4 QUESTION RELATIVE TO THE TOTAL COST OF THE 5 IMPROVEMENTS THAT WE ENVISIONED, AND THE FIGURE 6 THAT WE HAVE ARRIVED AT, AT THIS POINT IN TIME, 7 WITH REGARD TO ALL OF THE IDENTIFIED IMPROVEMENTS 8 19 IN THE NEIGHBORHOOD OF 49 MILLION DOLLARS, A 9 VERY HEFTY SUM TO CONTEND WITH IN TERMS OF ALL OF 10 THESE PUBLIC IMPROVEMENTS, 11 THE PROJECT ITSELF IS SLATED FOR A 45 -YEAR 12 LIFE, SO THERE 18 AN EXTENDED PERIOD OF TIME 13 ENVISIONED IN ORDER TO ACCOMPLISH ALL OF THE 14 AGENCY'S GOALS. THE PROJECTS THAT HAVE BEEN 15 IDENTIFIED ARE NOT TREMENDOUSLY SPECIFIC AT THIS 16 TIME. THEY ARE MORE IN THE VEIN OF BROAD 17 CATEGORIES OF TYPES OF IMPROVEMENTS AND GOALS FOR 18 THE COMMUNITY. AS WE BEGIN TO DEVELOP OUR CAPITAL 19 IMPROVEMENTS PROGRAM FURTHER, WE WILL GET A LITTLE 20 CLEARER FOCUS ON THE EXACT NEEDS AND PRIORITIES OF 21 THOSE NEEDS, AND THE REDEVELOPMENT AGENCY WILL 22 FACTOR THOSE NEEDS INTO ITS ACTIVITIES AND INTO ITS 23 FUNDING LEVELS THAT EXIST AT ANY GIVEN TIME. 24 WE MAY OR MAY NOT BE ABLE TO FUND ALL OF THE 25 IMPROVEMENTS IDENTIFIED. AS WE GO ALONG, WE WILL 26 NEED TO PRIORITIZE AND SEE WHAT LEVEL OF FUNDING 27 EXISTS AND ATTACK THE MOST PRESSING PROBLEMS. 26 IT IS CERTAINLY THE GOAL OF THE AGENCY TO 46 1 INTO IN BANNING. WE HAD A LOT OF THAT PROPERTY 2 DOWN THERE THAT WAS PUT IN THE REDEVELOPMENT AREA 3 THAT THERE'S NOTHING BEEN DONE WITH, JUST THE MONEY 4 HAS ALL BEEN UPTOWN TO DO SUCH IMPROVEMENTS AS 5 UPTOWN STUFF, AND THE REST OF THE PEOPLE ARE STILL 6 SITTING OUT THERE. IS THAT GOING TO HAPPEN HERE? 7 MAYOR LEJA: WHAT THEY WILL BE DOING 13 8 ANSWERING ALL OF THE QUESTIONS ONCE YOU FINISH WITH 9 YOUR COMMENTS OR YOUR QUESTIONS. 10 MR. ELLIOTt ALL RIGHT. THEN YOU WILL 11 EXPLAIN THE MONEY SITUATION? 12 MAYOR LEJA: YES. COULD YOU GIVE US YOUR 13 ADDRESS? 14 MR. ELLICTt I LIVE AT 1181 ORANGE 15 AVENUE. 16 MAYOR LEJAt AND IT'S BILL ELLIOT? 17 MR. ELLICTt BILL ELLIOT. 1S MAYOR LEJA: THANK YOU. THEY HAVE SOME 19 OF THE FORMS IN THE BACK. YOU MIGHT HOLD ON WHILE 20 THEY ANSWER YOUR QUESTIONS, OKAY? 21 ARE THERE ANY OTHER QUESTIONS? ANY OTHER 22 QUESTIONS OR COMMENTS? 23 MR. FETBRANDT: WILL YOU TAKE ONE MORE 24 QUICK ONE FROM ME THAT I FORGOT TO ASK WHILE 1 WAS 25 UP THERE? IT'S JUST A REAL SIMPLE YES OR NO 26 ANSWER. 27 MAYOR LEJA: SURE. GO nnAHHEADDA, STEVE. 28 MR. FETBRANDTt AND I ItPNFAZE %R NOT 49 21-o 1 ;Ec 13� �' 93 � 12: 21�FM. BUT ON '4i • • STEVE 2 PETBRANOT WITH PRESS ENTERPRISE. 3 ON THE EMINENT DOMAIN ISSUE WHERE THE CITY NAB 4 TAKEN THE POSITION THAT IT WO9fT EXERCISE POWER OF 5 EMINENT DOMAIN AS IT RELATES TO RESIDENTIAL WORK, 6 IS THE DECISION BINDING ON FUTURE CITY COUNCILS? 7 MAYOR LEJA: THANK YOU. 8 MR. DE SORTNOWSKI: I'LL START WITH THE 9 LAST QUESTION FIRST. THE AGENCY, WHEN 17 WAIVES 10 THE RIGHT OF EMINENT DOMAIN WITH RESPECT TO 11 CONFORMING RESIDENTIAL USES, THATFS A PLAN IT'S 12 GOING TO ADOPT. IF IT WAS TO CHANGE ITS MIND IN 13 THE FUTURE, IT WOULD ESSENTIALLY HAVE TO GO THROUGH 14 AN AMENDMENT PROCESS FOR THE REDEVELOPMENT PLAN. 15 THAT AMENDMENT PROCESS IS OF THE NATURE WHEREBY THE 16 ENTIRE PROCESS WOULD HAVE TO BE REDONE, MEANING 17 PUBLIC HEARINGS, NOTICES TO EVERYBODY, ETCETERA. 18 SO BEFORE THE AGENCY CAN CHANGE ITS MIND WITH 19 RESPECT TO THAT USE OF EMINENT DOMAIN, IT WOULD 20 REQUIRE FULL AMENDMENT, AND TWAT AMENDMENT WOULD 21 ESSENTIALLY REQUIRE A WHOLE READOPTION PROCESS. 22 GETTING ON TO MR. ELLIOTOS QUESTION REGARDING, 23 FIRST OF ALL, HOW MUCH TAX MONEY IT 12 GOING TO 24 COST. THE WAY REDEVELOPMENT WORKS DOES NOT AFFECT 25 ANY INDIVIDUAL PROPERTY OWNER'S TAX BILL. PROPERTY 26 TAXES WERE SET BY PROP 13 SEVERAL TEARS AGO AND 27 CANNOT BE INCREASED BY THIS AGENCY. THIS AGENCY 28 DOES NOT HAVE THE POWER TO RAISE THE TAXES. 1 ASSESSED VALUATION. THE ONLY TIME YOU HAVE AN 2 INCREASED ASSESSED VALUATION IS IF YOU EITHER 3 CONSTRUCT NEW IMPROVEMENTS ON YOUR PROPERTY OR SELL 4 YOUR PROPERTY. YOUR TAX BILL WILL GO UP REGARDLESS 5 OF WHETHER THE REDEVELOPMENT AGENCY IS THERE OR 6 NOT. IT'S JUST A TAX ASSESSMENT. 7 10, IN TERMS OF HOW MUCH MONEY THIS WILL COST 8 YOU AS A TAX PAYER, 11 GOESW'T COST YOU ANYTHING. 9 ONE OF OTHER QUESTIONS 1 THINK MR. ELLIOT 10 ASKED WAS WHY CERTAIN PROPERTIES ARE INCLUDED THAT 11 MAY NOT BENEFIT DIRECTLY FROM THE REDEVELOPMENT 12 ACTIVITIES. 13 WHEN WE PUT TOGETHER A REDEVELOPMENT AGENCY, 14 WE'RE PUTTING It TOGETHER ON AN AREA-WIDE BABIS. 15 WE MAY INCLUDE CERTAIN PROPERTIES THAT ARE IN GOOD 16 CONDITION. HOWEVER, TO TRY AND DRAW THE BOUNDARIES 17 AND EXCLUDE EVERY PROPERTY THAT DOESN +T NEED 18 ASSISTANCE WOULD BE AN ALMOST IMPOSSIBLE TASK. 19 WHAT WE TRY TO DO IS LOOK AT A PROJECT AREA AS 20 A COMMUNITY AND TRY TO INCLUDE AS MANY OF THE AREAS 21 THAT NEED ASSISTANCE AS POSSIBLE. CERTAINLY IT ►S 22 TRUE THAT REDEVELOPMENT PLANS SOMETIMES CONTAIN 23 CERTAIN PROPERTIES THAT REALLY DON'T NEED ANY TYPE 24 OF REDEVELOPMENT ASSISTANCE. WE HAVE DONE A SURVEY 25 OF THE PROJECT AREA, HOWEVER, AND WE FEEL CONFIDENT 26 THAT ON A GENERAL BASIS, ALL OF THE AREAS THAT HAVE 27 BEEN INCLUDED NEEDS SOME FORM OF REDEVELOPMENT 28 ASSISTANCE OR AT LEAST WILL BENEFIT FROM THE 49 51 1 HOW TAX turgEMENT WORKS IS A RICP4 1 4 8UTION OF Q THE TAX INCRE, f REVENUES. TAX INCREMENT REVENUES 3 IS THE AMOUNT OF TAXES THAT ARE GENERATED FROM AN 4 INCREASING ASSESSED VALUATION. FOR EXAMPLE, IF YOU 5 HAVE A PIECE OF PROPERTY, AND IT'S VALUED AT A 6 HUNDRED THOUSAND DOLLARS, YOU PAY APPROXIMATELY A 7 THOUSAND DOLLARS ON TAXES RIGHT NOW. IF YOU WERE 8 TO SELL THAT PROPERTY OR LOSE THAT PROPERTY, AND 9 YOU INCREASED THE VALUE BY $50,000, 50 THAT THE 10 PROPERTY 13 NOW WORTH A HUNDRED AND FIFTY THOUSAND 11 DOLLARS TO THE NEW BUYER, THAT NEW BUYER IS GOING 12 TO HAVE TO PAY 1500 IN TAXES. THE $500 INCREASE 18 13 WHAT IS CALLED TAX INCREMENT REVENUES. IT IS THOSE 14 REVENUES THAT GO TO THE AGENCY NOW AND GET 15 REDISTRIBUTED IN AMOUNTS TO VARIOUS TAXING 16 AGENCIES. WE DO ABSOLUTELY NOTHING TO AFFECT THE 17 PROPERTY TAXES. THAT IS ONE COMMON FALLACY ABOUT 18 REDEVELOPMENT, THAT THEY CAN RAISE YOUR TAXES. 19 ESSENTIALLY REDEVELOPMENT WORKS ON SUCCESS OF 20 GROWTH. IF THERE IS NO GROWTH IN THE COMMUNITY, 21 THE AGENCY WILL GET NO REVENUES. IF THERE IS 22 GROWTH IN THE COMMUNITY, THEN AS THAT INCREASES, 23 THERE IS ESSENTIALLY A SNOWBALLING EFFECT. AND 24 ESSENTIALLY WHAT IT IS IB A REDISTRIBUTION OF THOSE 25 TAX INCREMENT REVENUES. THE REVENUES AS THEY EXIT 26 BEFORE THE PLAN IS ADOPTED WILL ALL BE DISTRIBUTED 27 THE SAME WAY AS THEY ARE RIGHT NOW. IT'S JUST THE 26 NEW REVENUES THAT ARE ATTRIBUTABLE TO INCREASED 50 1 REDEVELOPMENT ASSISTANCE. 2 TO THE EXTENT THAT THE RESIDENTIAL AREAS ARE 3 INCLUDED, AGAIN, THE HOPE IS IN THE FUTURE WE WILL 4 HAVE ENOUGH REVENUES GENERATED FROM COMMERCIAL AND 5 INDUSTRIAL DEVELOPMENT THAT WE WILL HAVE THE 6 REVENUES TO START DOING SOME OF THE IMPROVEMENTS 7 THERE. YOU HAVE TO UNDERSTAND THIS MAY TAKE A FEW 8 YEARS BECAUSE OF THE TAX INCREMENT FINANCING. IT 9 TAKES A FEW YEARS FOR THE TAX INCREMENT REVENUES TO 10 GENERATE TO A POINT WHERE THE AGENCY HAS THE 11 ABILITY TO DO THINGS. 12 THAT ALSO IMPACTS UPON ITS ABILITY TO ACQUIRE 13 PROPERTY. AN AGENCY THAT DOESN'T HAVE TOO MUCH IN 14 THE WAY OF REVENUES WILL NOT BE ABLE TO ACQUIRE 15 PROPERTY. WHAT WE HOPE TO DO IN THE NEAR FUTURE AS 16 THE REVENUES ACCRUE 13 TO PASS A BOND ISSUE WHEREBY 17 WE CAN PULL OUT REVENUES, TAKE ADVANTAGE OF SOME OF 18 THE INTEREST RATES, AND THEN HAVE ACCRUAL OF 19 REVENUES TO 00 SOME OF THESE PROJECTS THAT ARE ON 20 THE PRIORITY LIST, AND THAT 13 SOMETHING THAT THE 21 AGENCY DECIDES HOW THOSE MONIES ARE SPENT. 22 AGAIN, WE HAVE INCLUDED SOME PROPERTIES THAT 23 PERHAPS DO NOT REQUIRE THEMSELVES REDEVELOPMENT 24 ASSISTANCE. HOWEVER, WE HAVE TRIED TO PUT TOGETHER 25 A PROPOSAL AND PLAN THAT INCORPORATES THE ENTIRE 26 COMMUNITY. YOUR NEIGHBORHOOD MAY BE •• MAYBE ONE 27 STREET MAY BE IN DECENT SHAPE, BUT THE STREET NEXT 28 TO IT MAY NEED SOME DRAMATIC ASS LFE. 13 52 221 ^1 I DEC A �u"i�dr i � 'a`�ii�a0, YOU Ml' BIND THERE IS 1 SIMPLY dECAV" OF MARKET FORCES THAT PA ISM EFFECT 2 JUST ONE PORTION OF THE PROJECT h -A, FOR EXAMPLE, 2 AT THAT PAR1. ,LAR TIME OR THAT PARTICULAR YEAR. 3 IF YOU'RE DOING.BSWER LINES, YOU MAY WAVE TO 010 UP 3 AND SO THE AGENCY STAFF WORK VERY CAREFULLY AND 6 -OTHER AREAS OF THE COMMUNITY IN ORDER TO IMPROVE 4 READ THOSE MARKET FORCES, LISTEN TO PEOPLE AS THEY 5 THOSE SEWER LINES, AND THAT MAY IMPACT UPON A 5 COME INTO THE CITY WITH PROJECTS THAT THEY MAY 6 STREET OR A CURB OR SIDEWALK THAT LOOKS LIKE IT'S 6 HAVE, AND LISTEN TO CITIZENS AS THEY EXPRESS WHAT 7 IN GREAT SNAPS RIGHT NON. 7 THEIR NEEDS ARE, AND PUT THOSE TOGETHER IN A VERY 8 90 THAT'S REALLY THE RATIONALE FOR THE PROJECT 8 COMPREHENSIVE WAY FOR THE COUNCIL. 9 AREA IMPROVEMENT. 9 MR. DE SORTNOWSKII IF I MAY JUST FOLLOW 10 MS. KILLER: ANOTHER QUESTION MR. ELLIOT 18 UP, TOO,.SOME OTHER COMMUNITIES IN THE PAST, THERE 11 HAD WAS HOW DOES THE AGENCY DECIDE WHICH PROJECTS 11 HAVE BEEN WHAT ARE TERMED "ABUSES OF REDEVELOPMENT" 12 TO DO FIRST AND WHERE TO CONCENTRATE PROJECTS, AND 12 IN THE PAST IN CERTAIN COMMUNITIES, WHEREBY THEY 13 HE MENTIONED WHAT IF ANY ONE PROJECT 15 13 HAVE EXPENDED MONIES FOR PURPOSES THAT ARE NOT 14 CONCENTRATED IN THE DOWNTOWN AREA. AND THE ANSWER 14 NECESSARILY IMPROVING THE COMMUNITY. 15 TO THAT IS THE SAME AS THE ANSWER TO ALL OF THE 15 IN CONNECTION WITH THAT, THE REDEVELOPMENT 16 DECISIONS THAT COME BEFORE THE CITY COUNCIL, IN 16 REFORM THAT'S OCCURRED OVER THE LAST YEAR HAS 17 THIS CASE THE COUNCIL AND THE AGENCY, AND THAT IS 17 ADDRESSED MANY OF THOSE SITUATIONS. FOR EXAMPLE, 18 WHAT ARE THE HIGHEST NEEDS IN THE COMMUNITY; NOW 18 THE CITY HALL IS NO LONGER GOING TO BE FUNDED WITH 19 SHOULD WE PRIORITIZE THOSE. AND ERNIE MENTIONED 19 REDEVELOPMENT FUNDS. THERE IS A RESTRICTION ON THE 20 EARLIER THAT WE ARE WORKING ON A CAPITAL 20 ABILITY TO DO SUCH PROJECTS AS PRICE CLUBS, THOSE 21 IMPROVEMENT PROGRAM THAT WILL INCLUDE MANY SOURCES 21 TYPES OF ACTIVITIES HAVE BEEN SEVERELY RESTRICTED 22 OF FUNDING OTHER THAN REDEVELOPMENT, AND WE HOPE TO 22 UNDER STATE LAW, SO NOW YOU'RE IMPLEMENTING A 23 COMBINE THESE SOURCES OF FUNDING, INCLUDING GRANT 23 REDEVELOPMENT PLAN THAT HAS A LOT MORE RESTRICTIONS 24 OPPORTUNITIES, LOOK AT THE NEEDS, PRESENT LISTS OF 24 ON WHAT WE DO AND HOW WE SPEND OUR MONIES. 25 NEEDS TO THE CITY COUNCIL AND THE REDEVELOPMENT 25 AND AGAIN, AS I MENTIONED BEFORE, THERE IS A 26 AGENCY, AND ASK THEM TO MAKE DECISIONS ON THOSE 26 LIMITATION HEARING IN FIVE YEARS, SO THERE IS AN 27 PROJECTS. 27 OPPORTUNITY FOR A LOT MORE COMMUNITY INPUT AS THE 28 AND A LOT OF PROJECTS WILL ALSO OCCUR JUST 28 PLAN PROGRESSES, S3 54 1 MAYOR LEJA: ARE THERE ANY OTHER 1 SAYING, "NO, WE DON'T WANT TO CHAMGE "? 2 QUESTIONS OR COMMENTS THIS EVENING? 2 $O THIS IS WHAT i WOULD LIKE. 3 YES, MA'AM. 3 MAYOR LEJA: THANK YOU. 4 MS. MEANER: MY NAME IS JEAN MEANER, AND 4 ANY OTHER QUESTIONS? 5 IT'S S13 MAIN. 5 YES, SIR. 6 I'M NOT QUITE SURE WHAT I WANT TO ASK OR WHAT 6 MR. PATRICK: HI, MY NAME IS TIMOTHY 7 1 WANT TO SAY. I'VE BEEN LISTENING TO WHAT 7 PATRICK. I'M SORRY I DIDN'T HEAR THE REST OF THE 8 EVERYBODY SAYS, RUT 1 HAVE HEARD SO MUCH OF THIS 8 REMARKS EARLIER. 9 BEFORE SO MANY TIMES IN BEAUMONT THAT I ►M NOT QUITE 9 MS. KILLER: GIVE US YOUR ADDRESS REALLY 10 SURE WHETHER YOU PEOPLE ARE REALLY TALKING ABOUT 10 QUICK. 11 WHAT'S BEST FOR BEAUMONT OR WHETHER WE'RE JUST 11 MR. PATRICK: 9278 VICTOR AVENUE. I LIVE 12 GETTING INTO ANOTHER 810 MESS. 12 IN THE tRAILER PARKS. 13 I DON'T HAVE CURBS. I DON'T HAVE SIDEWALKS. 13 YOU STATED EARLIER THAT YOU'RE GOING TO TRY 14 l DON'T PARTICULARLY CARE WHETHER 1 HAVE CURBS OR 14 AND CREATE MORE JOBS, IS THERE SOMEWHERE WE COULD 15 SIDEWALKS. THEY GOT THEM OVER ON FIFTH STREET 15 SEE A DETAILED EXPLANATION OF MOW YOU'RE GOING TO 16 RIGHT NEXT TO ME, AND NOW ALL YOU SEE IS GRAFFITI 16 CREATE MORE JOBS? 17 ON THE CURBS AND ON THE SIDEWALKS, SO THAT'S NOT A 17 MAYOR LEJA: IS THAT ALL? THANK YOU. 1d 910 THING FOR ME. 18 ANY OTHER QUESTIONS? 19 WHAT I WOULD REALLY LIKE TO KNOW 15, MY 19 YES, MA'AM. 20 GRANDFATHER BUILT MY HOUBE. I FOLLOWED HIM AROUND 20 MS. PILJ: I'M BARBARA P1LJ, 837 BEAUMONT 21 PLANTING FRUIT TREES. AND IT'S — FOR US IT'S MORE 21 AVENUE, AND I HAVE RECENTLY JUST PURCHASED.A 22 THAN JUST A PIECE OF LAND. IT'S A HISTORY OF OUR 22 BUSINESS HERE, BEEN INVOLVED WITH THE COMMUNITY 23 FAMILY. AND I'M NOT QUITE SURE WHETHER •• I KNOW 23 ABOUT A YEAR AND A HALF. AND I'M MOVING OUT OF 24 THAT YOU PEOPLE WOULDN ►T CONSIDER IT AS THE BEST 24 ORANGE COUNTY BECAUSE I DON'T LIKE THE 25 USAGE FOR OUR LAND, 80 DOES THAT MEAN THAT IF YOU 25 STEREOTYPING, THE IRVINE AND THE COSTA MESA TYPE 2B DECIDE IT ►S NOT THE BEST USAGE THAT YOU CAN COME 26 LOOK. 27 AND TAKE IT AWAY FROM US AND WE HAVE TO 00 WHATEVER 27 ARE WE COINO TO HAVE ANY INPUT At FAR AS HOW 28 YOU WANT US TO 00, OR 00 WE HAVE RECOURSE IN 28 -- WHEN THE COMMERCIAL AREA GETS A L400 HOW 55 , 56 1 i 1 �wRti, uK ia` i* L PyO1NG TO F' -:OKIE CUTTZRED 1 ASKED QUEETII' IF YOU WOULD REMEMBEPR' 16 FILL OUT 2 TYPE OF STUFF? I LOVE BEAUMONT FL_ THE 2 THE SLIPS IN ...c BACK SO THAT WE DO HAVE THAT 3 INDIVIDUALITY, AND I OONIT WANT TO SSE U6 LOSE 3 3 RECORD; OKAY? 4 THAT. 5 4 MR. DE 80RTNOWSKI: OKAY, AGAIN, LET ME 5 ANYWAY, TNATfS MY QUESTICi. MECHANISM THAT CAN ASSIST THOSE RELOCATING TO THE 5 START WITH THE LAST QUESTION FIRST. 6 MAYOR :EJAI I UNDERSTAND. 6 WITH RESPECT TO THE CREATION OF IMPROVEMENT 7 ANY OTHER QUESTIONS? 8 7 DISTRICTS AND MECHANISMS LIKE THAT WHICH HAVE THE 8 YES, SIR. GIVE US YOUR NAME AND ADDRESS 10 8 ABILITY TO INCREASE TAXES, THAT IS SOMETHING THAT 9 AGAIN, OKAY? GOING TO LIKE A COMMUNITY THAT CAN OFFER 9 WOULD BE DONE BY THE CITY, NOT BY THE AGENCY. THAT 10 MR. ELLIOT: FIRST, IF THIS REDEVELOPMENT 10 18 A TOTALLY SEPARATE FINANCING MECHANISM, AND 11 GOES INTO EFFECT, WHAT IS IT GOING TO DO TO 13 i 11 THAT'S THE TYPE OF THING THAT REQUIRES A VOTE OF 12 PROPERTY VALUES? 13 IT GOING TO PULL THEM DOWN 15 12 THE PEOPLE BEFORE THAT CAN BE IN PLACE. THE 13 FROM A STANDPOINT OF PEOPLE THINKING 1715 GOING TO OR COMMERCIAL OR INDUSTRIAL USERS, A LOT OF TIMES 13 IMPROVEMENT DISTRICT REQUIRES A TWO - THIRDS VOTE. 14 BE A BLIGHTED AREA? 14 BEFORE YOU CAN INCREASE ANY PROPERTY TAXES LIKE 15 AND SECOND, IF YOU DO IMPROVEMENTS, ISN'T IT 18 15 THAT, YOU NEED TO HAVE A VOTE OF THE PROPERTY 16 POSSIBLE FOR YOU TO PUSH THROJGH A BOND ISSUE 20 16 OWNERS. SO THE AGENCY HAS NO ABILITY TO 00 THAT. 17 WHEREBY YOU WOULD CREATE AN IMPROVEMENT DISTRICT THAT THE DEVELOPER, OR WHOEVER THAT 81, WARRANT 17 THE QUESTION WHETHER OR NOT THIS WILL INCREASE 18 WHICH WOULD EFFECTIVELY RAISE TAXES EVEN THOUGH IT 18 PROPERTY TAXES, HISTORICALLY REDEVELOPMENT IN JUST 19 REALLY CAN'T EFFECTIVELY RAISE THEM ON THE Z3 19 ABOUT EVERY COMMUNITY -- SORRY -• THE INCREASE OF 20 PROPERTY? 25 20 PROPERTY VALUES, HISTORICALLY JUST ABOUT EVERY 21 MAYOR LEJA: AND SILL ELLIOT, YOUR PERSON GENERATE "X" AMOUNT OF JOBS FOR THE 21 COMMUNITY IN CALIFORNIA AND JUST ABOUT EVERY 22 ADDRESS AGAIN? 22 COMMUNITY HAS A REDEVELOPMENT, AND PROPERTY VALUES 23 MR. ELLIOT: 1181 ORANGS AVENUE. 28 23 HAVE INCREASED AS A RESULT OF REDEVELOPMENT. 24 MAYOR LEJA: THE REASON I KEEP ASKING 13 24 WHAT YOU FIND IN A REDEVELOPMENT AGENCY IS THE 25 BECAUSE WE HAVE TO SEND YOU A RESPONSE IN WRITING 25 ABILITY TO ASSIST, ESPECIALLY IN THE COMMERCIAL AND 26 TO ALL OF THESE QUESTIONS, OKAY. 26 INDUSTRIAL FIELDS. 27 ALSO, QUICKLY, THOSE OF YOU WHO HAVE ASKED 27 RIGHT NOW CALIFORNIA IS IN A VERY SLUMPING 28 QUESTIONS, THE LAST THREE OR DOUR OF YOU WHO HAVE 28 ECONOMY, AND YOU FIND A LOT OF DEVELOPERS AND 57 58 i INDUSTRIAL USERS HAVING A LOT OF PROBLEMS TRYING TO 1 2 CONSTRUCT PROJECTS AND CREATE JOBS. ONE OF THE 2 3 THINGS THEY ARE DOING NOW 1S LOOKING TO COMMUNITIES 3 4 THAT HAVE REDEVELOPMENT ASSISTANCE AVAILABLE 4 5 BECAUSE THEY KNOW THAT THERE IS A FINANCING 5 6 MECHANISM THAT CAN ASSIST THOSE RELOCATING TO THE 6 7 COMMUNITY. + 7 8 ONE OF THE THINGS THAT THE AGENCY CAN DO IS 8 9 OFFER LOW INTEREST RATE LOANS, ASSISTANCE, THINGS ` 9 10 LIKE THAT. THEREFORE, A SOPHISTICATED DEVELOPER IS 10 11 GOING TO LIKE A COMMUNITY THAT CAN OFFER 11 12 REDEVELOPMENT ASSISTANCE. WHAT THAT HAS 15 THE 12 13 IMPACT •- THE ENTIRE COMMUNITY BENEFITS FROM THAT. 13 14 THERE ARE BETTER JOB OPPORTUNITIES. 1.4 15 WHEN THE AGENCY GOES OUT AND SEEKS DEVELOPERS 15 16 OR COMMERCIAL OR INDUSTRIAL USERS, A LOT OF TIMES 16 17 TREY HAVE TO MAKE A JUSTIFICATION THAT THE ACTIVITY 17 18 THAT THEY ARE UNDERTAKING !S BENEFITING THE 18 19 COMMUNITY. 19 20 ONE OF THE WAYS THEY CAN DO THAT IS TO COMMAND 20 21 THAT THE DEVELOPER, OR WHOEVER THAT 81, WARRANT 21 22 THAT THEY CREATE A CERTAIN AMOUNT OF JOBS WHEN THEY 22 23 COME INTO THE COMMUNITY. FOR EXAMPLE, WHEN SOMEONE Z3 24 COMES IN AND ASKS FOR FINANCIAL ASSISTANCE, ONE OF 24 25 THE PREREQUISITES FOR FINANCIAL ASSISTANCE IS THE 25 26 PERSON GENERATE "X" AMOUNT OF JOBS FOR THE 26 27 COMMUNITY AND GENERATE "X" AMOUNT OF SALES TAX 27 28 REVENUES. 28 59 SO THE AGENCY HAS SOME DISCRETION AND ABILITY TO IMPOSE THOSE TYPES OF RESTRICTIONS ON PEOPLE THAT ARE SEEKING TO COME INTO THE COMMUNITY. AGAIN, AS DEVELOPMENT GOES ON THROUGHOUT THE COMMUNITY, ONCE YOU HAVE BETTER IMPROVEMENTS, FOR EXAMPLE, IN THE RESIDENTIAL AREAS, ONCE YOU HAVE IMPROVED SEWERS, ONCE YOU HAVE STREET LIGHTS, SIDEWALKS, CURBS, GUTTERS, THOSE USUALLY ALWAYS INCREASE PROPERTY VALUES. IT'S VERY RARE THAT YOU DO IMPROVEMENTS LIKE THAT AND HAVE A DECREASE IN PROPERTY VALUES. MR, EGGERI YES, AND 114 SORRY, I DIDN'T CATCH THE LADY'S LAST NAME, BARBARA, THE LADY THAT BOUGHT A NEW BUSINESS IN THE CITY OF BEAUMONT. YOU HAD A QUESTION RELATIVE TO THE DESIGN ASPECTS THAT THE CITY WANTS TO ENCOURAGE AND THE POTENTIAL FOR THE CITY TO LOOK LIKE ORANGE COUNTY AND THAT SORT OF THING. WE ARE, IN THE CITY, FROM A PLANNING PERSPECTIVE, VERY COGNIZANT OF THE INDIVIDUAL DESIGN ELEMENTS THAT EXIST IN CERTAIN AREAS OF THE COMMUNITY. DOWNTOWN AND NEAR THE INTERSECTION OF BEAUMONT AVENUE AND 6TH, WE HAVE WHAT I DESCRIBED EARLIER AS AN ELEMENT THAT'S SHAPING UP TO BE AN ANTIQUE DISTRICT. AND IN THAT AREA, I CAN SEE MUCH DIFFERENT DESIGN PROGRAMS, DIFFERENT STREET LIGHTS, MORE OF AN OLD HISTORIC DOWNTOWAA44F UkRACTER, 60 2_8ri I RLC illm'j'E2 im�21:ykc MF THINGS IT WE WANT TO 2 ENCOURAGE AND BUILD ON. 3 IN THE BEAUMONT AVENUE CORRIDOR, WE SEE THAT 4 AREA, AGAIN, AS A VERY LOW INTENSITY COMMERCIAL 5 CORRIDOR WITH A LOT OF OFFICE AND A LOT OF 6 RESIDENCES EVEN BEING CONVERTED TO OFFICES WHICH 7 THEY PRESENTLY HAVE., WHICH IN ITSELF 19 A MUCH e DIFFERENT CHARACTER THAN THE TYPICAL RED TILE ROOF 9 SHOPPING CENTER THAT YOU WOULD SEE IN ORANGE 10 COUNTY. SO WE DEFINITELY ARE SENSITIVE TO THOSE 11 ELEMENT& AND WANT TO DO WHAT WE CAN TO ENCOURAGE 12 INDIVIDUALITY AND SOME OF THE HISTORIC ELEMENTS 13 THAT EXIST IN THE COMMUNITY. 14 OUR PLANNING EFFORTS AT PRESENT WITH THE 15 ADOPTION OF THE GENERAL PLAN IN FEBRUARY WHICH 16 IDENTIFIES THOSE ELEMENTS AND ESTABLISHES POLICIES 17 TO EXPAND ON THOSE ELEMENTS, WE HAVE RECENTLY PUT A 18 DRAFT DESIGN ORDINANCE TOGETHER WHICH WE'LL BE 19 TAKING TO THE PLANNING COMMISSION AND THE CITY 20 COUNCIL. THAT ORDINANCE HAS MUCH DIFFERENT 21 STANDARDS FOR THE ANTIQUE CORRIDOR AND FOR THE 22 NORTH BEAUMONT AVENUE CORRIDOR THAN THE OTHER 23 COMMERCIAL AREA& IN THE COMMUNITY, AND IT IS LIKELY 24 THAT WE WILL GET SOME ORANGE COUNTY ELEMENTS IN THE 25 COMMUNITY. 26 1 THINK AS SOME OF THE OUTLYING AREAS DEVELOP 27 IN A MORE TRADITIONAL OR MODERN SENSE. HOWEVER YOU 28 WANT TO LOOK AT THAT, BUT i THINK IN THE HISTORIC 1 PROPERTIES IN INDIVIDUAL AREAS ON A CASE BY CASE 2 BASIS TO DETERMINE WHAT THE BEST USE 18 AND HOW 3 THOSE AREAS ARE BEST DEVELOPED. 4 IN THE FUTURE, 1 THINK WHERE WE HAVE GOOD S QUALITY DEVELOPMENT AND STABLE NEIGHBORHOODS, WE 6 WANT TO DO EVERYTHING WE CAN TO ENCOURAGE THOSE. 7 BUT WITHOUT KNOWING A LITTLE SIT MORE ABOUT THE 8 PROPERTY AT THIS TIME. IT'S A LITTLE DIFFICULT TO 9 ASSESS IT IN DETAIL, BUT I THINK WE WILL 8E, AS WE 10 MOVE FORWARD AND PROJECTS ARE DEFINED, MORE ABLE 11 SPECIFICALLY TO ASSE &S ITEMS LIKE THAT ON A CASE BY 12 CASE BASIS. 13 MR. DE BORTNOWSKII ONE ADDITIONAL 14 COMMENT ON THE JOB SITUATION. 15 ONE OF OTHER THINGS THAT THE AGENCY HAS IN ITS 16 PLAN 18 THE ABILITY TO GIVE A PREFERENCE TO LOCAL 17 CONTRACTORS. FOR EXAMPLE, WHEN THEY ARE DOING SOME 18 OF THESE PUBLIC IMPROVEMENTS, THEY WILL PROBABLY GO 19 OUT TO THE PUBLIC BID PROCESS, AND THERE WILL BE A 20 PREFERENCE GIVEN TO THE LOCAL CONTRACTORS IN THE 21 COMMUNITY AND THE RESIDENTS SO THAT THEY WILL HAVE 22 THE ABILITY TO UNDERTAKE THOSE IMPROVEMENTS AND GET 23 THAT DOWN. SO THERE WILL BE A PREFERENCE FOR LOCAL 24 COMMUNITY PARTICIPATION ON THOSE DEVELOPMENT 25 ACTIVITIES. 26 MAYOR LEJAe ARE THERE ANY OTHER 27 QUESTIONS? ANY OTHER COMMENTS THIS EVENING? 28 I'LL GIVE YOU ONE MORE SHOT. ANY OTHER 61 63 1 BEAUMONT AREA 'I ARE GOING TO 00 EVIP -17NG WE 2 WANT TO ENCOD. . THAT AREA THAT PRESENTLY EXISTS. 3 JUST PRIOR TO THAT COMMENT, MR. KIRKPATRICK, 4 IF I GOT IT CORRECT, I BELIEVE, ASKED HOW MORE JOBS 5 ARE CREATED, I THINK ANDRE TOUCHED ON SOME OF THE 6 THINGS THAT THE AGENCY DOES TO MAKE THE ENVIRONMENT 7 LOCALLY MORE CONDUCIVE TO BUSINESS. BASICALLY WE 6 WANT TO CREATE AN ATMOSPHERE WHERE BEAUMONT IS 9 COMPETITIVE WITH THE SURROUNDING AREAS AND WITH 10 OTHER COMMUNITIES THAT ARE VYING FOR BUSINESS. 11 WE WANT TO ESTABLISH A POSITIVE IMAGE OF 12 REDEVELOPMENT AS PART Of THAT POSITIVE IMAGE THAT'S 13 PORTRAYED IN BUSINESSES, AND WE WANT TO 00 A BETTER 14 JOB OF MARKETING THE CITY AND BENEFITS OF BEAUMONT, 15 AND WE ALSO WANT TO HAVE THE ABILITY TO PROVIDE 16 PUBLIC IMPROVEMENTS THAT ARE ESSENTIAL FOR BUSINESS 17 TO LOCATE, 18 SO ALL OF THESE THINGS WHICH REALLY INVOLVE 19 MARKETING THE CITY AND PROVIDING AN ATMOSPHERE THAT 20 MAKES IT CONDUCIVE TO DEVELOPMENT ARE WHAT WE NEED 21 TO DO TO ENCOURAGE BUSINESS. 22 JEAN GLEANER -- IS THAT CORRECT? I'M SORRY. 23 I DIDN'T CATCH THAT NAME EITHER. MY EARS AREN'T 24 VERY GOOD TONIGHT -- HAD A QUESTION RELATIVE TO 25 HIGHEST AND BEST USE AND THE POTENTIAL CHANCE IN 26 LAND USE IN A RESIDENTIAL -- ON A RESIDENTIAL 27 PROPERTY. AND THE AGENCY, IN THE FUTURE, IN THESE 28 SPECIFIC AREAS, ARE GOING TO BE LOOKING AT 62 1 QUESTIONS? ANYTHING THAT YOU CAN THINK OF? 2 YES, SIR, 3 M8. KELL90: NAME AND ADDRESS. 4 MR. PATRICK: HELLO, NY NAME IS TIMOTHY 5 PATRICK, 9278 VICTOR AVENUE, SPACE ONE, 92223. 6 WHAT TYPE OF BUSINESSES ARE YOU PLANNING TO 7 ENCOURAGE TO COME? 8 MR. DE BORTNOWSKI: THAT THEN BECOMES A 9 CONCERN OF MARKET FORCES. ESSENTIALLY WE WILL LOOK 10 TO OFFER ASSISTANCE TO WHOEVER COMES TO THE CITY 11 FIRST. WE DON'T GO OUT AND ADVERTISE THE FACT THAT 12 WE HAVE REDEVELOPMENT. WE DO HOPEFULLY MAKE IT 13 KNOWN IN THE VARIOUS COMMUNITIES THAT WE DO HAVE 14 THE REDEVELOPMENT TOOL. OUT AS TO ACTUALLY WHO 15 LOCATES IN THE COMMUNITY IS MORE A FACTOR OF MARKET 16 FORCES THAN THE AGENCY. THE AGENCY ISN'T IN THE 17 BUSINESS OF GOING OUT AND ADVERTISING TO THE 18 VARIOUS USERS, SO IT'S MORE OF A FUNCTION OF WHO 19 COMES TO THE CITY AND LOCATES HERE. 20 MR. EGGERI ADDRESSING THAT A LITTLE BIT 21 FURTHER, LOOKING AT THE CITY'S GENERAL PLAN AND 22 WHAT THAT IS TRYING TO ACCOMPLISH, I THINK THROUGH 23 THE REDEVELOPMENT PROGRAM, WE ARE GOING TO TRY TO 24 FURTHER THOSE GOALS. 25 IN THE SOUTHWESTERLY AREAS, THOSE ARE 26 DESIGNATED INDUSTRIALS, WHERE FOCUS IN THOSE AREAS 27 IS GOING TO BE ON ATTRACTING MANUFACTURING 28 BUSINESSES AND INDUSTRY WHICH PR9IASEFMtAF&UALITY 84 2q3 DEC 13 '93 12 :25PM 1 AND NIGH PAYING JOBS. 2 IN THE COMMERCIAL AREAS THAT W[ ARE HOPING TO 3 REVITALIZE, W900 LOOKING TO ATTRACT SERVICE 4 'BUSINESSES AND RETAILERS. THE PRECISE NIX IN 5 INDIVIDUAL NATURE OF THE TYPES OF SU21NE8818 THAT 6 WEIRS LIABLE TO CORRAL IN THE FUTURE RIGHT NOW, AS 7 ANDRE INDICATED, I THINK THAT PROVIDES YOU A GLOBAL 8 PICTURE THAT THE PLAN 15 DRIVING AT, THE TYPES OF 9 GENERAL BUSINESSES WEIRS TRYING TO ATTRACT. 10 MS. KILLERS THE OTHER THING WE WOULD 11 LIKE TO EMPHASIZE, TOO, IS THERE WILL SE 12 OPPORTUNITIES TO USE REDEVELOPMENT TOOLS FOR 13 EXISTING BUSINESSES IN THE CITY, AND THAT 19 A VERY 14 HIGH PRIORITY FOR THe CITY. 15 MAYOR LEJA: ONE LAST OPPORTUNITY, ARE 16 THERE ANY OTHER QUESTIONS THIS EVENING? 17 MR. DE BORTNOWSKT: DECEMBER 13TH WILL 18 NOT SE A FORMAL PUBLIC HEARING. HOWEVER, THE 19 AGENCY WILL CONSIDER PUBLIC COMMENT OR ANY 20 QUESTIONS THAT YOU HAVE AS IT ALWAYS DOES ON THE 21 AGENDA. 22 MAYOR LEJA: ALSO, IF THERE ARE SOME 23 PARTICULAR ITEMS THAT YOU DON'T QUITE UNDERSTAND OR 24 IF THERE ARE NEWSPAPER INTERVIEW QUESTIONS THAT 25 NEED TO BE ASKED, STAFF WILL BE AVAILABLE FOLLOWING 26 THE MEETING, OR AT CITY HALL IY YOU WANT TO GIVE 27 THEM A CALL OR COME IN PERSONALLY AND VISIT WITH 28 THEM. WE WANT TO MAKE OURSELVES At AVAILABLE TO 1 2 REPORTER'S CERTIFICATE 3 4 STATE OF CALIFORNIA) ) SS. 5 COUNTY OF RIVERSIDE) 6 7 1, SUZANNE M. SOPER, A CERTIFIED SHORTHAND a REPORTER, DO HEREBY CERTIFY: 4 THAT THE SAID HEARING WAS TAKEN DOWN BY ME IN 10 STENOTYPE AT THE TIME AND PLACE THEREIN STATED AND 11 WAS THEREAFTER REDUCED TO PRINTING UNDER MY 12 DIRECTION. 13 I FURTHER CERTIFY THAT I AN NOT OF COUNSEL OR 14 ATTORNEY FOR EITHER OF THE PARTIES HERETO OR IN ANY 15 WAY INTERESTED IN THE EVENT OF THIS CAUSE, AND THAT 16 1 AM NOT RELATED TO EITHER OF THE PARTIES THERETO. 17 WITNESS MY HAND THIS 5TH DAY OF DECEMBER, 1a 1993. 19 20 21 SUZANNE M. SOPER 22 C.S.R. 06120 23 24 25 26 27 28 651 47 1 YOU AS MUCH V - 43IBLE. F.18 2 $O AT THi.. TIME, I'LL CLOSE THE PUBLIC 3 HEARING. 4 IS THERE A MOTION TO CONTINUE THE ABILITY TO 5 RECEIVE COMMENTS FROM THE SPECIAL TAXING ENTITIES 6 UNTIL DECEMBER 13TH? 7 MR. BERG: IILL MAKE A MOTION. a MR. GREY: SECOND THE MOTION. 9 MAYOR LEJA: MOTION IS CARRIED AND 10 SECONDED. 11 ROLL CALL. AGENCY MEMBER BERG. 12 MR. BERG: YES. 13 MAYOR LEJA: AGENCY MEMBER GREY. 14 MR. GREY: YES. 15 MAYOR LEJA: AGENCY MEMBER PARROTT. 16 MR. PARROTT: YES. 17 MAYOR LEJA: AGENCY MEMBER RUSSO IS 18 ABSENT. 19 CHAIRMAN LEJA, YES. 20 21 22 23 24 25 26 27 28 PAGE 17 66 Z Ai BEAUMONT CITY COUNCIL MINUTES OF DECEMBER 13, 1993 The Beaumont City Council met in a regular meeting on December 13, 1993, at 6:04 p.m., in the City Council Chambers with Mayor Leja presiding. On roll call the following Council Members were present: Berg, Brey, Parrott, Russo and Mayor Leja. The invocation was given by Council Member Berg, who then led the pledge of allegiance to the flag. 1. Clerk's Affidavit of Posting. Motion by Council Member Berg, second by Council Member Russo, to dispense with the reading of the affidavit of posting. With no opposition, motion carried. 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. The meeting was adjourned to a meeting of the Beaumont Redevelopment Agency at 6:05 p.m., reconvening to the City Council meeting at 6:54 p.m. A recess was called at 6:54 p.m., with the meeting reconvening at 7:10 p.m. CONTINUED PUBLIC HEARING 5. PROPOSED INCREASE IN SEWER CONNECTION CHARGES. CONTINUED FROM 11/22/93. Staff Recommendation: Adopt Resolution No. 1993 -65. The staff report was received from David Dillon, a copy of which is a matter of record in the Clerk's file. The public hearing was re- opened at 7:15 p.m. Mr. Kent Armstrong, representing Century Homes, read into the record a letter of protest to the proposed increase in sewer connection charges. This letter is a matter of record in the Clerk's file. There being no one else requesting to speak, the public hearing was closed at 7:18 p.m. a. RESOLUTION NO. 1993 -65 - Enacting Paragraph 4 of Schedule A of Resolution No. 1993 -16 Re Sewage Disposal Facility Charge Relating to the Issuance of Sewer Connection Permits. Motion by Council Member Berg, second by Mayor Leja, to adopt Resolution No. 1993 -65. AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Page 1 BeE ont City Council December 13, 1993 END PUBLIC HEARINGS. 6. RESOLUTION NO. 1993 -66 - Establishing a Policy for the Allocation and Issuance of Sewer System Connection Permits. Staff Recommendation: Adopt Resolution No. 1993 -66. The staff report was presented by David Dillon, a copy of which is a matter of record in the Clerk's file. Lengthy discussion followed, after which the City Attorney was directed to prepare an amended resolution to reflect that of the 102 sewer connection permits available for residential land uses, 77 would be allocated and issued to properties within the City, and 25 would be allocated to applicants for properties at large. No sewer permits are to be issued for property outside the City's boundaries without the prior approval of the City Council. Additionally, (1) a policy is to be developed requiring annexation of properties to the City before sewer service will be provided by the City, with the stipulation the applicant can approach the Council for a waiver; and (2) yearly reviews of all will serve letters are to be scheduled, with the City Attorney to review the existing will serve letter policy, and provide a draft will serve letter to the Council if he feels it is needed after his review. Motion by Council Member Berg, second by Council Member Brey, to adopt Resolution No. 1993 -66 as amended. AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 7. Request from Arsenio and Anita Armijo, d /b /a Beaumont Antique Bazaar, Soda Fountain and Auction for Permit for an Auctioneer License. Staff Recommendation: Approve the request subject to certain conditions. The staff report was presented by the Planning Director, Ernie Egger, a copy of which is a matter of record in the Clerk's file. Motion by Council Member Berg, second by Council Member Parrott, to conditionally approve the business license request for the antique auction, subject to the following conditions: 1. Inspection by the Building and Fire Departments shall be conducted and necessary remedial measures, if any, shall be completed prior to the issuance of the license. 2. Within 90 days staff shall prepare a report for the City Council's review relative to the adequacy of on and off - street parking at the subject location. If it is found that the use creates a nuisance in the neighborhood, the license may be revoked or modified by action of the City Council. Periodic monitoring shall occur as needed thereafter to ensure adequacy of parking facilities, and the City Council shall reserve the right to modify the license as necessary. AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Page 2 ref ont City Council December 13, 1993 8. Consider Establishing City of Beaumont Volunteer Services Program. Staff Recommendation: Establish City of Beaumont Volunteer C Services Program. v The staff report was received from Chief Smith, a copy of which is a matter of record in the Clerk's file. Motion by Council Member Russo, second by Council Member Berg, to establish the City of Beaumont Volunteer Services Program for the Beaumont Police Department. AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 9. Consider Approval of Memorandum of Understanding between City of Beaumont and Mid - County Cities Narcotics Enforcement Team. Staff Recommendation: Approve Memorandum of Understanding and Authorize the Chief of Police to Execute Same. Chief Smith presented the staff report, a copy of which is a matter of record in the Clerk's file. Motion by Council Member Parrott, second by Council Member Berg, to approve the Memorandum of Understanding between the City of Beaumont and the Mid - County Cities Narcotics Enforcement Team making the City of Beaumont a full member of the Allied Riverside Cities Narcotics Enforcement Team (ARCNET) and authorize the Chief of Police to execute same. AYES: Council Member Berg, Leja. NOES: None. ABSTAIN: None. ABSENT: None. Brey, Parrott, Russo and Mayor The meeting was recessed at 8 :26 p.m., reconvening at 8:35 p.m. The City Manager requested that Agenda Item No. 18.c be taken out of sequence and considered at this time, with no opposition from the Council. 18. Reports and Appointments: C. Investment Report. The investment report was received from the City Treasurer, a copy of which is matter of record in the Clerk's file. a. Report from Beaumont Area Aging Service Providers Task Force. The City Manager presented the report from the Beaumont Area Aging Service Providers Task Force, a copy of which is a matter of record in the Clerk's file. b. Status Report on Wastewater Treatment Plant Stage I Expansion. Public Works Director Dee Moorjani submitted the status report on the Wastewater Treatment Plant Stage I expansion, a copy of which is also a matter of record in the Clerk's file. There were no other reports. Page 3 Bet ont City Council December 13, 1993 10. RESOLUTION NO. 1993 -67 - Consenting to Payment by the Beaumont Redevelopment Agency for Certain Public Improvements Pursuant to Health and Safety Code Section 33445 and Making Certain Determinations Concerning Such Improvements. 1 Staff Recommendation: Adopt Resolution No. 1993 -67. Andre de Bortnowski stated that all comments made during the Redevelopment Agency meeting would apply to all redevelopment agency items on the Council agenda. Motion by Council Member Brey, second by Council Member Russo, to adopt Resolution No. 1993 -67. AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 11. RESOLUTION NO. 1993 -68 - Approving the Redevelopment Plan for The Beaumont Redevelopment Project and the Redevelopment Plan Report; and Certifying the Environmental Impact Report for the Beaumont Redevelopment Project. / ( Staff Recommendation: Adopt Resolution No. 1993 -6B. / Motion by Council Member Brey, second by Council Member Russo, to adopt Resolution No. 1993 -68. AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 12. RESOLUTION NO. 1993 -69 - Transferring a Portion of Its Appropriations Limit Under Article XIIIB of the Constitution of the State of California to the Beaumont Redevelopment Agency. / Staff Recommendation: Adopt Resolution No. 1993 -69. Motion by Council Member Brey, second by Council Member Parrott, to adopt Resolution No. 1993 -69. AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 13. ORDINANCE NO. 741 - First Reading - Approving and Adopting the Redevelopment Plan for the Beaumont Redevelopment Project. Staff Recommendation: Approve Ordinance No. 741 at its first reading. Motion to Read Ordinance No. 741 by title only. Motion by Council Member Brey, second by Council Member Parrott, to read Ordinance No. 741 by title only. There being no opposition, motion carried. The ordinance was read by title only. Motion to Approve Ordinance No. 741 at its first reading. Motion by Council Memder Berg, second by Council Member Brey, to approve Ordinance No. 741 at its first reading. AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Page 4 --mont City Council Dec ber 13, 1993 14. ORDINANCE NO. 742 - FIRST READING - Amending Chapter 3.24 of The City of Beaumont Municipal Code Entitled "Uniform Local Sales and Use Tax Ordinance of the City of Beaumont;" Providing for a Credit Against the Payment of Taxes Under Said Chapter in the Amount of Sales or Use Taxes Due to the Redevelopment Agency of the City of Beaumont Pursuant to Section 7202.6 of Tthe Revenue and Taxation Code of California; and Making Certain Other Findings and Determinations in Connection Therewith. Staff Recommendation: Approve Ordinance No. 742 at its first reading. Motion to read Ordinance No. 742 by title only. Motion by Council Member Berg, second by Council Member Brey, to read Ordinance No. 742 by title only. There being no opposition, motion carried. The ordinance was read by title only. Motion to approve Ordinance No. 742 at its first reading. Motion by Council Member Brey, second by Council Member Parrott, to approve Ordinance No. 742 at its first reading. AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 15 ORDINANCE NO. 738 - SECOND READING - Adopting the Development Agreement Between the City of Beaumont and Leonard B. Olinger PHD (Pursuant to Government Code Sections 65864- 65869.5). Staff Recommendation: Adopt Ordinance No. 738 at its second Reading. Motion to read Ordinance No. 738 by title only. Motion by Council Member Parrott, second by Council Member Berg, to read Ordinance No. 738 by title only. There being no opposition, motion carried. The ordinance was read by title only. Motion to adopt Ordinance No. 738 at its second reading. Motion by Council Member Berg, second by Council Member Brey, to adopt Ordinance No. 738 at its second reading. AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. X16., ORDINANCE NO. 739 - SECOND READING - Rezoning Certain Property 4v from R -A Residential Agricultural) to M -L �... 9 (Light Manufacturing). Applicant: Kenko, Inc. Location: Northwest corner of Grace and First Street. Staff Recommendation: Adopt Ordinance No. 739 at its second reading. Motion to read Ordinance No. 739 by title only. Motion by Council Member Berg, second by Council Member Brey, to read Ordinance No. 739 by title only. There being no opposition, (notion carried. Motion to adopt Ordinance No. 739 at its second reading. Page 5 Beaumont City Council Det fiber 13, 1993 Motion by Council Member Brey, second by Council Member Berg, to adopt Ordinance No. 739 at its second reading. AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. ORDINANCE NO. 740 - SECOND READING - Authorizing Beaumont Police Officers to Remove Unattended Motor Vehicles on City Streets Highways and Alleys Within the City Limits. Staff Recommendation: Adopt Ordinance No. 740 at its second reading. Motion to read Ordinance No. 740 by title only. Motion by Council Member Berg, second by Council Member Brey, to read Ordinance No. 740 by title only. There being no opposition, motion carried. The ordinance was read by title only. Motion to adopt Ordinance No. 740 at its second reading. Motion by Council Member Brey, second by Council Member Parrott, to adopt Ordinance No. 740 at its second reading. AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 18. Reports and Appointments: This agenda item was taken out of sequence and heard prior to Agenda Item No. 10. 19. CONSENT CALENDAR. / a. Approval of Minutes of Regular City Council Meetings of October 25, 1993, November 8, 1993 and November 22, 1993. b. Approval of Payment of Warrants and Payroll. C . Request for Waiver of Public Use Permit Filing Fees for T Proposed Truth Ministries Use at 419 S. Olive - Janice and Ted Turner. d. Receive Report from Finance Committee. (See Agenda Item 18.0. C; e. Reappointment of Dayle Keller as City Clerk. Motion by Council Member Berg, second by Council Member Brey, to adopt the consent calendar as presented. AYES: Council Member Berg, Brey, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 20. Recess to Closed Session: a. Pursuant to Government Code Section 54957 to Consider Public Employee Personnel Matters. Page 6 2cq Bea ant City Council December 13, 1993 b. Pursuant to Government Code Section 54956.9(x) to confer with its attorney regarding rending litigation which has been initiated formally and to which the City is a party. The title of the litigation is City of Calimesa vs City of Beaumont, et al. Riverside Superior Court Case No. 242751. The meeting was recessed to closed session at 8:54 p.m., reconvening to regular session at 11:05 p.m. Date set for a Special Meeting, Monday, December 20, 1993, at 6:00 P.M., in the City Council Chambers. Date set for next regular Council Meeting, Monday, December 27, 1993, at 6:00 p.m., in the City Council Chambers. There being no further business to come before the Council, the meeting was adjourned at 11:06 p.m. R ctfully submitted, puty City Clerk Page 7 CENTURY HOMES C O M M U N I T I E S October 25, 1993 City of Beaumont 550 Sixth Street Beaumont, CA 92223 Subject: Highland Springs Country Club Tract 14209 -1 To: Honorable Mayor and Members of the City Council: On Wednesday, October 20, 1 the issuance of 53 sewer pE above referenced project, Century presented the City which represents the curre basis for our firms reque from the City, dated March Bounds, allocating sewer phases 2 -5 of the project. 993 Century Homes Communities re � est xmits encompassed by phases 4 & 5 of the In conjunction with this request, with payment in the amount of $71,550.00 nt per lot sewer fee of $1,350.00. The st is the attached, written commitment 16, 1992 from then City Manager, Robert connections for 105 lots remaining as Not- with - standing this binding guarantee from Mr. Bounds, the City refused to accept payment and issue the permits. We were informed that the City's position was motivated by the lack of existing capacity for the project, and the need to postpone permit issuance until fee increases could be implemented by the City Council. It is Century's position that the City was negligent in its failure to preserve adequate capacity in accord with its agreement. In addition, it is felt that the City's postponement of permit issuance, until fee increases take effect, is arbitrary and without justification. It should be emphasized, that Century Homes proceeded with the project in good faith and has invested substantial capital with the understanding that the City would honor its commitment. It should be further emphasized that our firm has, to date, honored its commitment to the City relative to the intended annexation of the acreage east of Highland Springs Avenue. 1535 South "D" Srreet • Son Bernardino, CA 92408 Telephone (909) 381 -6007 • FAX (909) 381 -6885 and 381 -0041 Highland Springs C retry Club Tract 14209 -1 October 25, 1993 page 2 of 2 Finally, be advised, should the City persist with its refusal to issue permits at the current per lot rate, Century Homes Communities will have no alternative but to pursue all legal remedies at its disposal. Sincerely, CENTURY HOMES COMMUNITIES liffil Kent Armstrong Project Director KA:DB cc: Dave Dillon, Planning Director Dayle Keller, City Manager MINUTES OF JOINT SPECIAL MEETING OF THE BEAUMONT CITY COUNCIL AND BEAUMONT REDEVELOPMENT AGENCY DECEMBER 20, 1993 The Beaumont City Council and the Beaumont Redevelopment Agency met in a joint special meeting on Monday, December 20, 1993, at 6:07 p.m., in the City Council Chambers, with Mayor and Chairperson Leja presiding. On roll call all Council /Agency Members were present with the exception of Council /Agency Member Russo, who was excused. 1. Clerk's Affidavit of Posting. Motion to Dispense with the Reading of the Affidavit. Motion by Council Member Brey, second by Council Member Berg to dispense with the reading of the affidavit. With no opposition, motion carried. 2. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. BEAUMONT REDEVELOPMENT AGENCY 3. RESOLUTION NO. RA 93 -10 - Authorizing the Execution of a Certain Fiscal Impact Agreement with the Beaumont Unified School District in Connection with the Adoption of the Beaumont Redevelopment Project and Making Certain Findings and Determinations in Accordance with Health and Safety Code Section 33401. (Continued from December 13 1993). Staff Recommendation: Adopt Resolution RA 93 -10. The staff report relating to Agenda Items No. 3, 4 and 5 was presented by Ernie Egger, a copy of which is a matter of record in the Clerk's file. Motion by Agency Member Berg, second by Agency Member Parrott, to adopt Resolution No. RA 93 -10. AYES: Agency Member Berg, Leja. NOES: None. ABSTAIN: None. ABSENT: Agency Member Russo. Brey, Parrott and Chairperson 4. RESOLUTION NO. RA 93 -11 - Authorizing the Execution of a Certain Fiscal Impact Agreement with the Riverside County Superintendent of Schools in Connection with the Adoption of the Beaumont Redevelopment Project and Making Certain Findings and Determinations in Accordance with Health and Safety Code Section 33401. (Continued from December 13, 1993). Staff Recommendation: Adopt Resolution RA 93 -11. Motion by Agency Member Berg, second by Agency Member Parrott, to adopt Resolution No. RA 93 -11. Page 1 Joint Sp ial Meeting Beaumont City Council Beaumont Redevelopment Agency December 20, 1993 AYES: Agency Member Berg, Brey, Parrott and Chairperson Leja. NOES: None. ABSTAIN: None. ABSENT: Agency Member Russo. 5. RESOLUTION NO. RA 93 -12 - Authorizing the Execution of a Certain Fiscal Impact Agreement with the Mt. San Jacinto Junior College in Connection with the Adoption of the Beaumont Redevelopment Project and Making Certain Findings and Determinations in Accordance with Health and Safety Code Section 33401. (Continued from December 13, 1993) Staff Recommendation: Adopt Resolution RA 93 -12. Motion by Agency Member Parrott, second by Agency Member Berg, to adopt Resolution No. RA 93 -12. AYES: Agency Member Berg, Brey, Parrott and Chairperson Leja. NOES: None. ABSTAIN: None. ABSENT: Agency Member Russo. BEAUMONT CITY COUNCIL 6. Recess to Closed Session to Confer with Its Attorney Regarding Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b)(1). The meeting was recessed to closed session at 6:17 p.m., reconvening to regular session at 6:55 p.m. There being no further business to come before the Council and Agency, the meeting was adjourned at 6:55 p.m. Respectfully submitted, eputy Ulty Ulerk and Reolvelopment Agency Secretary Page 2 I BEAUMONT CITY COUNCIL MINUTES OF DECEMBER 27, 1993 The Beaumont City Council /Beaumont Redevelopment Agency met in a regular meeting on Monday, December 27, 1993, at 6:04 p.m., in the City Council Chambers with Mayor Pro Tem /Vice Chair Parrott presiding. On roll call the following Council /Agency Members were present: Berg, Brey and Mayor Pro Tem /Vice Chair Parrott. Council /Agency Member Russo and Mayor /Chairperson Leja were excused. The invocation was given by Council Member Berg, who then led the pledge of allegiance to the flag. 1. Clerk's Affidavit of Posting. Motion by Council Member Brey, second by Council Member Berg, to dispense with the reading of the affidavit of posting. With no opposition, motion carried with 3 ayes, 2 absent. 2. Adjustments to Agenda. The City Manager requested that Agenda Item No. 11 be removed from the agenda, with no objections from the Council. 3. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. 4. ORDINANCE NO. 741 - SECOND READING - Approving and Adopting the Redevelopment Plan for the Beaumont Redevelopment Project. Staff Recommendation: Adopt Ordinance No. 741 at its second reading. Motion to Read Ordinance No. 741 by title only. Motion by Council Member Berg, second by Council Member Brey, to read Ordinance No. 741 by title only. There being no opposition, motion carried with 3 ayes, 2 absent. The ordinance was read by title only. Motion to Adopt Ordinance No. 741 at its second reading. Motion by Council Member Berg, second by Council Member Brey, to adopt Ordinance No. 741 at its second reading. AYES: Council Member Berg, Brey and Mayor Pro Tem Parrott. NOES: None. ABSTAIN: None. ABSENT: Council Member Russo and Mayor Leja. 5. ORDINANCE NO. 742 - SECOND READING - Amending Chapter 3.24 of The City of Beaumont Municipal Code Entitled "Uniform Local Sales and Use Tax Ordinance of the City of Beaumont;" Providing for a Credit Against the Payment of Taxes Under Said Chapter in the Amount of Sales or Use Taxes Due to the Redevelopment Agency of the City of Beaumont Pursuant to Section 7202.6 of the Revenue and Taxation Code of California; and Making Certain Other Findings and Determinations in Connection Therewith. Page 1 Bea. .ont City Council December 27, 1993 Staff Recommendation: Adopt Ordinance No. 742 at its second reading. Motion to Read Ordinance No. 742 by title only. Motion by Council Member Brey, second by Council Member Berg, to read Ordinance No. 742 by title only. AYES: Council Member Berg, Brey and Mayor Pro Tem Parrott. NOES: None. ABSTAIN: None. ABSENT: Council Member Russo and Mayor Leja. The ordinance was read by title only. Motion to Adopt Ordinance No. 742 at its second reading. Motion by Council Member Brey, second by Council Member Berg, to adopt Ordinance No. 742 at its second reading. AYES: Council Member Berg, Brey and Mayor Pro Tem Parrott. NOES: None. ABSTAIN: None. ABSENT: Council Member Russo and Mayor Leja. ADJOURN TO A JOINT PUBLIC HEARING OF THE BEAUMONT CITY COUNCIL AND BEAUMONT REDEVELOPMENT AGENCY, at 6:10 P.M. 6. CONSIDER APPROVAL OF A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE BEAUMONT REDEVELOPMENT AGENCY AND FRANK P. COLETTO. <' Staff recommendations Approve the Disposition and Development / Agreement with Frank P. Coletto. Ernie Egger presented the staff report on this agenda item as well as the three Acquisition and Development Agreements on the Redevelopment Agency agenda. A copy of this report is a matter of record in the Clerk's file. The public hearing was opened at 6:21 p.m., and with no one requesting to speak, the hearing was closed at 6:22 p.m. The meeting was reconvened to the regular City Council meeting at 6:22 p.m. a. RESOLUTION NO. 1993 -70 - Approving of a Certain Disposition and Development Agreement By and Between the Beaumont Redevelopment Agency and Frank P. Coletto. Motion by Council Member Brey, second by Council Member Berg, to adopt Resolution No. 1993 -70, with authorization for the Executive Director and Redevelopment Agency Counsel to make non - substantive changes to the Agreement. AYES: Council Member Berg, Brey and Mayor Pro Tem Parrott. NOES: None. ABSTAIN: None. ABSENT: Council Member Russo and Mayor Leja. PUBLIC HEARINGS: 7. DEVELOPMENT AGREEMENT 93 -DA -9 FOR IMPROVEMENT AREA NO. 11, CFD 93 -1; AND NEGATIVE DECLARATION 93- ND -18. Applicant: Omega Homes. Location: South of Cougar Way and East of Beaumont Avenue. Staff Recommendation: Continue to February 14, 1994. 8. TRACT MAP 24933, REVISION NO. 1 AND NEGATIVE DECLARATION 93- ND -27. (89- TM -8). Applicant: Omega Homes. Location: South of Cougar Way and East of Beaumont Avenue Staff Recommendation: Continue to February 14, 1994. Page 2 Bea int City Council December 27, 1993 The public hearing on Agenda Items No. 7 6:25 p.m., and with no one requesting to Council Member Brey, second by Council ayes, 2 absent, the public hearings were 14, 1994. END PUBLIC HEARINGS and 8 was opened at speak, on motion by Member Berg, with 3 continued to February 9. Request from John Wood, on behalf of the Beaumont Lions Club, for Fee Exempt Use of Multi- Purpose Room for Basketball League Games. Staff Recommendation: Approve the exemption of fees and lower security deposit requested and direct staff to work with the Lions Youth Basketball League on scheduling dates and opening of the facility. The staff report was received from the City Manager, a copy of which is a matter of record in the Clerk's file. Motion by Council Member Berg, second by Council Member Brey, to: 1. Change the existing policy limiting the use of the multi- purpose room to allow the requested use; 2. Approve the exemption of fees and lower security deposit requested by the Lions Club; and 3. Direct staff League on pre- existing employees to well as be p used. to work with the Lions Youth Basketball scheduling games and practices around commitments and scheduling volunteer City open and close the facility on Saturday, as resent during the time the facility is being AYES: Council Member Berg, Brey and Mayor Pro Tem Parrott. NOES: None. ABSTAIN: None. ABSENT: Council Member Russo and Mayor Leja. 10. Consider Approving Proposal Submitted by Parametrix, Inc. and Award of Contract to Parametrix, Inc. for Preparation of the Title 22 Engineering Report for the Wastewater Treatment Plant Expansion. Staff Recommendation: Approve proposal and award contract to Parametrix, Inc., in the amount of $22,000, for preparation of the Title 22 Engineering Report with emphasis on ultraviolet disinfection of wastewater. The staff report was presented by David Dillon, a copy of which is a matter of record in the Clerk's file. Motion by Council Member Berg, second by Mayor Pro Tem Parrott, to approve the proposal submitted by Parametrix, Inc. and award the contract to Parametrix, Inc., in the amount of $22,000, for preparation of the Title 22 Engineering Report with emphasis on ultraviolet disinfection of wastewater. AYES: Council Member Berg, Brey and Mayor Pro Tem Parrott. NOES: None. ABSTAIN: None. ABSENT: Council Member Russo and Mayor Leja. 11. Consider Approving Tri -Party Pipeline Agreement between Hi- Sixty Associates L.P., Four Corners Pipe Line Company and the City of Beaumont. Staff Recommendation: Approve the Tri -Party Agreement and authorize the Mayor to execute same. This agenda item was removed from the agenda under adjustments to the agenda. Page 3 Bea. int City Council December 27, 1993 12. Reports and Appointments: There were no reports or appointments. 13. CONSENT CALENDAR. a. Approval of Minutes of Special City Council Meeting of November 29, 1993. b. Warrants and Payroll. Motion by Council Member Brey, second by Council Member Berg, to adopt the consent calendar as presented. AYES: Council Member Berg, Bray and Mayor Pro Tem Parrott. NOES: None. ABSTAIN: None. ABSENT: Council Member Russo and Mayor Leja. Motion by Council Member Berg, second by Council Member Brey, to move Agenda Item No. 14 to the end of the Redevelopment Agency meeting. Meeting adjourned to a meeting of the Redevelopment Agency at ,;6 :35 p.m. Meeting reconvened to regular meeting of the City Council at 6:42 p.m. 14. Recess to Closed Session Pursuant to Government Code Section 54957 to Consider Public,Employee Personnel Matters. The meeting was recessed to closed session at 6:42 p.m., reconvening to regular session at 7:00 p.m. Approval of Employment Agreement with Gregory A. Franklin. Let the record show action taken in closed session: Motion by Council Member Brey, second by Council Member Berg, to approve the employment agreement with Gregory A. Franklin for the position of Administrative Services Director. AYES: Council Member Berg, Bray and Mayor Pro Tem Parrott. NOES: None. ABSTAIN: None. ABSENT: Council Member Russo and Mayor Leja. Date set for Next Regular Council Meeting, Monday, January 10, 1993, 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 :02 p.m. Respectfully submitted, Page 4