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session and Item No. 6 was withdrawn from the agenda.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.
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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
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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.
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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.
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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
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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
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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.
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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.
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BF ^umont City Council
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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
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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
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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.
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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
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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
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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
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Beaumont City Council
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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.
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Beatimont City Council
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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
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Beaumont City Council
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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
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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.
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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
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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
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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
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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
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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
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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
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"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
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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
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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
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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
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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
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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
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Beaumont City Council
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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.
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Beaumont City Council
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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
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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.
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Beaumont City Council
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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
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Beaumont City Council
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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.
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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.
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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.
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Beaumont City Council
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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.
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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.
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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
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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
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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.
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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.
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Beaumont City Council
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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
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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
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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
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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
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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.
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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
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Beaumont City Council
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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.
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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.
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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
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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
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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
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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.
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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
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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.
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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.
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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