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C09-18 - Improvment Agreement 34850 & 05-PP-15cog Rev. 02/01/08 AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN (Tract Map /Parcel Map /Plot Plan No -34850 & 05- PP -15) THIS SECURITY AGREEMENT is made and effective this 6th day of October 20 09 , by and between the CITY OF BEAUMONT ( "CITY ") and Chien -Yu Lin Shu -chi Lin ( "DEVELOPER "). RECITALS A. DEVELOPER has applied to the CITY for permission to develop certain real property, pursuant to Parcel Map & Plot PlanNo.34850 & 05- PP -15( "Map "). DEVELOPER has also asked the CITY to accept the dedication of the street or streets and other proposed public rights -of -way, parks and recreation facilities, and easements as depicted on the Map and to otherwise approve the Map so that it may be recorded as required by law; and B. The CITY requires, as a condition precedent to the acceptance and approval of the Map and the dedication of the public rights -of -way and easements depicted thereon, that such rights -of -way be improved with (for example) grading, paving, curbs, gutters, sidewalks, street lights, stormdrains, sanitary sewers and appurtenances thereto, street name signs, survey monuments, electrical and telecommunications, water pipes, water mains, fire hydrants and appurtenances thereto, and landscaping (collectively, "Improvements "); and C. The Improvements have not yet been done or completed and it is the purpose of this Security Agreement to set forth the terms and conditions by which the DEVELOPER shall guarantee that such Improvements shall be constructed and completed within the time set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the acceptance of the DEVELOPER's offer of dedication and the approval of the Map for filing and recording as provided and required by law, the CITY and the DEVELOPER hereby agree as follows: 1. Provision of Improvements. DEVELOPER shall provide, at the DEVELOPER's sole cost and expense, all necessary labor and materials to complete the construction of the Improvements depicted on the Map and described in the conditions of approval of the Map within one (1) year of the date of this Security Agreement. 2. Inspection by the CITY. The CITY shall inspect, at the DEVELOPER's sole cost and expense, all of the work, labor and materials performed and provided by the DEVELOPER in connection with the Improvements. 3. Compliance with Plans and Specifications. The Improvements shall be constructed and installed in strict accordance with the CITY - approved plans and specifications. 4. Security for Performance. Concurrently with the execution of this Security Agreement by DEVELOPER, DEVELOPER shall deliver to the CITY an irrevocable letter of credit or a performance and warranty bond or bonds issued by a corporate surety (or other security as authorized by Government Code, Section 66499) in substantially the form attached hereto as Exhibit "A ", in an amount that is not less than 100% of the total estimated cost of the Improvements and any warranty therefor. The performance and warranty bond shall be issued by an "admitted" corporate surety insurer authorized to do business in the State of California and the surety insurer shall have an A.M. Best rating of at least "AX'. The surety insurer shall have assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The security or bond for the warranty shall insure against any and all defects in the Improvements for a period of not less than one full year after the date of acceptance thereof by the CITY. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the Code of Civil Procedure. 5. Security for Laborers and Materialmen. The DEVELOPER shall also provide an irrevocable letter of credit or a bond issued by a corporate surety for the security of laborers and materialmen, which bond or bonds shall be in substantially the form attached hereto as Exhibit "B" and made a part hereof. The amount of the bond(s) shall be no less than 100% of the total estimated amount needed to secure payment to the contractor, to the subcontractors, and to the persons furnishing labor, materials, or equipment to them for the Improvements. The laborers and materialmen bond shall be provided by an "admitted" corporate surety insurer authorized to transact surety insurance in the State of California with an A.M. Best rating of "A:X ", and with assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the Code of Civil Procedure. 6. General Liability and Worker's Compensation Insurance. The DEVELOPER shall, before commencing any work, obtain commercial general liability insurance (primary) of not less than $2,000,000.00 per occurrence for all coverages and $2,000,000.00 general aggregate. The CITY and its employees and agents shall be added as additional insureds. Coverage shall apply on a primary non - contributing basis in relation to any other insurance or self - insurance, primary or excess, available to the CITY or any employee or agent of the CITY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment - related practices. Such insurance shall not prohibit the DEVELOPER, and its employees or agents, from waiving the right of subrogation prior to a loss. The DEVELOPER waives its right of subrogation against the CITY. Unless otherwise approved by the CITY, the DEVELOPER's insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M. Best rating of "A:X." Self - insurance shall not be considered to comply with these insurance specifications. The DEVELOPER agrees to require all contractors, subcontractors and other parties hired for the Improvements to purchase and maintain insurance of the types specified 2 herein, naming as additional insureds all of the parties to this Security Agreement. The DEVELOPER shall, before commencing any work, obtain Worker's Compensation Insurance in an amount required by law and, failing to do so, the CITY may procure such insurance at the cost of the DEVELOPER. 7. Indemnification. Notwithstanding the provisions of Government Code, Section 66474.9 or any other statutes of similar import, and to the full extent permitted by law, the DEVELOPER shall defend, indemnify and hold harmless the CITY, its employees, agents, officials and attorneys, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind or nature, whether actual, alleged or threatened, actual attorneys' fees, court costs, interest, expert witness fees and any other costs or expenses of any kind whatsoever, without restriction or limitation, incurred in relation to, as a consequence of, or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the Map, the Improvements, this Agreement, or any matter related to the same. 8. Procedure for Release of Security. The security furnished by the DEVELOPER shall be released in whole or in part in the following manner: a. Security shall be released upon final completion and acceptance of the Improvements. If the security furnished by the DEVELOPER is a documentary evidence of security, such as a surety bond or a letter of credit, the CITY shall release the documentary evidence and return the original to the Surety upon final completion and acceptance of the Improvements. In the event the CITY is unable to return the original documentary evidence to the Surety, the security shall be released by written notice sent by certified mail to the DEVELOPER and to the Surety within 30 days of the acceptance of the Improvements. The written notice shall contain a statement that the work for which security was furnished has been completed and accepted, a description of the Improvements, and the notarized signature of an authorized CITY official. b. At such time as the DEVELOPER believes that the work for which the security was required is complete and makes payment of a partial exoneration fee of $350 to the CITY, the DEVELOPER shall notify the CITY in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the CITY shall have 45 days to review and comment or approve the completion of the Improvements. If the CITY does not agree that all work has been completed in accordance with the plans and specifications for the Improvements, it shall supply a list of all remaining work to be completed. C. Within 45 days of receipt of the CITY's list of remaining work, the DEVELOPER may then provide cost estimates for all remaining work for review and approval by the CITY. d. Upon receipt of the cost estimates, the CITY shall then have 45 days to review, comment, and approve, modify or disapprove those cost estimates. The CITY 3 shall not be required to engage in this process of partial release more than once between the start of work and the completion and acceptance of all work. e. If the CITY approves the cost estimate, the CITY shall release all performance security except for security in an amount up to 200% of the cost estimate of the remaining work; PROVIDED, HOWEVER, such partial release shall occur only when the cost estimate of the remaining work does not exceed 20% of the total original performance security. Substitute bonds or other security may be used as a replacement for the performance security, subject to the prior written approval of the CITY. (NOTE: a reduction in performance security is not, and shall not be deemed to be, an acceptance by the CITY of the completed Improvements, and the risk of loss or damage to the Improvements and the obligation to maintain the Improvements shall remain the sole responsibility of the DEVELOPER until all required Improvements have been accepted by the CITY and all other required Improvements have been fully completed in accordance with the plans and specifications for the Improvements.) f. The DEVELOPER shall complete the works of Improvement until all remaining items are accepted by the CITY. Upon completion of the Improvements, the DEVELOPER shall be notified in writing by the CITY within 45 days and, within 45 days of the date of the CITY's notice, the release of any remaining performance security shall be made within 60 days of the recording of the Notice of Completion. 9. Procedure for Release of Payment Security. Security securing the payment to the contractor, his or her subcontractors and persons furnishing labor, materials or equipment shall, after passage of the time within which mechanic's liens and stop notices are required to be recorded and after acceptance of the Improvements, be reduced to an amount equal to the total claimed by all claimants for whom mechanic's liens and stop notices have been recorded and notice thereof given in writing to the CITY, and if no claims have been recorded, the security shall be released in full. 10. Security for One -Year Warranty Period. The release procedures described in paragraphs 8 and 9 above shall not apply to any required guarantee and warranty period nor to the amount of the security deemed necessary by the CITY for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. 11. Binding Effect. This Security Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their legal representatives and their successors and assigns. 12. Authority to Execute. The DEVELOPER hereby warrants and represents to the CITY that the individual signing this Security Agreement on behalf of the DEVELOPER is vested with the unconditional authority to do so pursuant to, and in accordance with, all applicable legal requirements, and has the authority bind the DEVELOPER hereto. 13. No Assif4nment. The DEVELOPER may not assign this Security Agreement or any part thereof, to another without the prior written consent of the CITY. 4 14. Attorneys' Fees. In the event of legal action to enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled, in addition to any other form of relief, to recover its reasonable attorneys' fees and costs of suit. 15. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. CITY OF B,EAUM NT j By Mayor DEVELOPER: c C Title: ()t. n e r M Aug 13 09 02:41p URBAN LOGIC / CITY OF BEA 9517696622 P1 FAoft's" CRAft PUBLIC WORKS DEPARTMENT To: Rich Soltysiak From: Ana Cruz Fax: 951-200-6941 Pages: 3 incl. cover Phones: 951-200-6940 Date: 8/13109 Re: Approved Sewer Cost Estimate (Magnolia Ave. Sewer — Arco Am/Pm) Comments: Aug 13 09 02:41p URBAN LOGIC / CITY OF BEA 9517696622 p2 City of Beaumont APPROVED CITY OF BEAUMONT PUBLIC WORKS DIEPARTMEI 1 CONSTRUCTION COST WORKSHEET FuM6Works Department i Lo 71 PARCEL MAP NO.: 34950 If ni#-$ BY: Rich Soltysiak IMPROVEMENT'S FAITHFUL PERFORMANCE 1009/0 LABOR & MATERIALS SECURITY i 000/0 Construction Costs) Strects(Drainage Sewer 21,761.45 siw)e fly rf"-t- Total 21.761.45 9/1"M Warranty Retension (22.5%) S 4,896-33 StrectlDtainage Plan Check Fees = $ Sewer Plan Check Fees = S 1,08&w, 1R# oz?4101- elorldc ' Street Inspection Fees = $ - Sewer Inspection Fees = S 1.632.11 DESIGN ENGINEERS CALCULATIONS OF IMPROVEMENT BONDING COSTS Construction items and their quantities as shown on attached sheets are accurate for the improvements required to construct the above project and the mathematical extensions using City's unit costs are accurate for determining bonding, plan check and inspection costs. Above amounts do F-1 include additional 2W. for recordation prior to having signed plans D. sot I Above amounts do n include additional 20% for recordation prior to having signed plans r37233 Exp� 3-Aug-09 0,6130121 inefir's Signature Date Exp. 0613012010 1 Rich So!tniak Name typed or printed FORM S UNIT COSTS REVISED 09106 *****PLEASE READ INSTRUCT][ONS BELOW***** i. Quantities to be taken from improvement plans, Unit costs to be as provided on "City of Beaumont Improvement Requirement Worksheet". Show Bond Amounts to tae nearest 5500. CIVIL. For construction items not covered by "C4 of Beaumont hriprovernent Worksheet ", Design Engineer is to provide his opinion of construction cost and use of that cost. If City of Beaumont Unit Costs are determined to be too low in the opinion of the Design Engineer, the higher costs as provided by the Design Engineer should be used FrA7.-F.M.] Aug 13 09 02 :41p URBAN LOGIC / CITY OF BEA 9517696622 p,3 CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUW-MENT WORKSHEET PROJECT: 3485D DATE- 3- Aug -09 Show quantities on this sheet only if project has a sewer plan- If no water plan, then show applicable cuantitias as oart of street imnrovernents. QTY. UNIT ITEM UNIT COST AMOUNT L.F. 4" V.C.P. (45 Lots (0 25'Avg. Len" Yfor cleamut) S 15.00 S L.F. 4" P.V.C. Force Main & Fittings S 26.00 $ -1395 L.F. 8" V.C.P. $ 30.00 S 11,850 L.F. 10" V.C.P• $ 35.00 S L.F. 12" V.C.P. $ 40.00 $ L.F. .15" V,C.P. S 50.D0 S 2 EA. Standard or Terminus Manholes $ 2,500.00 S 5,000 EA, D Manholes $ 4,000.00 $ - EA- Cleanouts S 500.00 S I EA. Sewer Y's $ 25.00 $ 25 EA. Chimneys S 300,00 S - I PA. Adjust M.H. to grade S 340.00 $ 340 L.F. Concrete Encasement S 20,00 S - EA. 4!' P.V.C. Misc. Fininp $ 120.00 S L.F. Sewer E!p! Sleeving S 36.00 EA. Sewer Lift Station EA, Backtlow prevention device $ 250.00 244 L.F. ISawcut & Remove Exist. A.C. Pavement S 100 $ 489 4831 S.F. Replace A.C. Pavement S 2.50 S J,220 A. Subtotal S. Contingency (15% x A) $ 18.923 2,838 C. Sewer Total (A + 8) 21,761 C-Ity of Seaumoni APPROVED By: / Y 1?a-7 lf "vaul.,.,,n k-Ity . Vullka, Minutes Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority 550 E. 6th Street, Beaumont, California City Council Workshop (4:00 p.m.) Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Tuesday, October 6, 2009 rage i or a "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" WORKSHOP SESSION .. (This is the portion of the agenda, where the _city council_ can review documents . and receive clarification on item . to be heard on current or agendas) 1) Outdoor Display of Merchandise @ local businesses 2) Animal Control Ordinance Items included in the workshop session are for discussion purposes only. No action by the city council is taken at this time. This portion of the agenda is to give input and receive clarification for items on the scheduled agenda or for future agenda's. CLOSE_ D SESSION: No _reportable action was taken be Council in Closed Session a. Pursuant to Government Code Section 54957.6, Conference with Labor Negotiator - City Negotiator as Personnel Director Alan Kapanicas Employee Organizations and Staffing b. Pursuant to Government Code Section 54956.8 Conference with Real Property Negotiator Property Generally Located at: 1. Government Code Section 54956.8 - 650 Magnolia Avenue & 500 Grace Avenue C. Pursuant to Government Code Section 54966.9(x) - Anticipated Litigation - Conference with Legal Counsel - Existing Litigation(Government Code 54966.9) Outdoor Media Group, Inc. vs. City of Beaumont - Case No. ED CV 03 -01461 RT SGLx http:// beaumont .granicus.conVMinutesViewer.php ?print =-1 &clip_id= 58 &doc_id= 75388c... 10/13/2009 L>,c;;;aLuijLvLit %-ny —uwalt jL agc; z- vi. o 2. Peters vs. City - Case No. RIC 467388 3. Western Riverside Council of Governments vs City of Beaumont RIC 536164 REGULAR SESSION: 6:00 mm. Invocation: Council Member DeForge Pledge of Allegiance : Council.. Member. DeForge Preseln-tati-on.:- 11 County Health DeDartment - H 1 N 1 Flu - County of Riversdie Health Dent Police Statistics - Chief Coe Update on Emergency Reverse. 911 System - Chief Coe Paul St. Martin - Outdoor QiSplay,of Merchandise @ local businesses Adjustments-to Agenda: Motion by Council Member Berg, Seconded by Council Member DeForge to Add Ordinance No. 962 to the agenda. Vote: 4/0 Open Public Hearing 6:27 p.m. No Speakers Closed Public Hearing 6:27 p.m. Motion by Council Member DeForge, Seconded by Council Member Berg to Approve 1st reading of Ordinance No. 962 as presented, Vote: 4/0 Oral and Written Communications; Rich Griffiths- Police. ..in,private communities Don.Blunk --.Parking in. Bike -Lanes Frank Audi- Local Business Owner - City -ClosedBusiness 1. COUNCIL REPORTS (This is the portion of the agenda where the city council will present updates on city actions taken, committee assignments, and training and travel) a) Mayor Fox - Signing. of the "Welcome Home. Veteran's" Bill b) Mayor Pro Tern Dressel - Excused c) Council Member Berg -, None Signing Ceremony for New Bill recognizing Veterans, d) Council Member DeForge Signing of a Now Bill recognizing Veterans, Blue Mass, Safety Fair, http:libeawnont.granicus.comIMinutesViewer.php?print--I&clip_id=58&doe—id=75388c... 10/13/2009 ucawuuua %,uy %,uw14,11 ragc J vi o Beaumont Resident in Lance Armstrong Event Beaumont to Texas, STWMA Council representative on Board - Brian Offered. e) Council Member Gall League of California Cities Annual Conference in San Jose, Safety Fair at Home Depot, 2. CITY MANAGER REPORTS a. Community Information Update 1) Mobile Community Substation 2) Road Building Update 3) Sustainability Update 4) Transportation Update b. Local Project Update 1) Veteran's Affairs Update 2) Respecting Your Park, Neighbors, and Friends c. Calendar of Events 1) Second and Third Wednesday of Each Month - Story Time Caf6 2) October 9, 2009 - Annual Lt. John Acosta Memorial Golf Tournament 3) October 10, 2009 - Pass Area Business Expo - Beaumont Civic Center 10 am -3pm 4) October 15, 2009 - Flu Shot Clinic for Senior Citizens - CRC 5) October 17, 2009 - Community Recycling Event - Stewart Park - 8 am until full d. Financial Update e. What's That and Rumor Control f. Report on Oral and Written Communications (City Manager) 3. CONSENT. CALENDAR a. Approval of all Ordinances and Resolutions to be read by title only and http:// beaumont .granicus.comIMinutesViewer.php ?print =l &clip id= 58 &doc id= 75388c... 10/13/2009 1JGQW11v11t ♦.,lly %- UUIIL:ll publish by summary. b. Approval of the Minutes of the City Council Meeting September 1, 2009 c. Approval of the Warrant List for October 6, 2009 d. Denial of Claim - Cecile Gautreau e. Denial of Claim - Shelly Wood f. Approval of Request for Expenditure of Citizen's Option for Public Safety Program (COPS) - AB 3229 - SLESF Allocation for Year 2009/2010 g. Adoption of Ordinance No. 947 - at its second reading by title only - An Ordinance of the City Council of the City of Beaumont Amending Section 1.17.250A of the Municipal Code - "Appeal of Administrative Citation" rage ,+ or b h. Adoption of Ordinance No. 957 at its second reading by title only - An Ordinance of the City Council of the City of Beaumont, California Amending Certain Sections of Chapter 8.32 of the Beaumont Municipal Code Entitled "Nuisances" i. Adoption of Resolution No. 2009 -30 - A Resolution of the City Council of the City of Beaumont, California Establishing Service Authority of Abandoned Vehicle Abatement. Adoption of Resolution No. 2009 -31 - A Resolution of the City Council of the City of Beaumont Declaring the Structure Located at 637 -639 Beaumont Avenue to be Public Nuisance and Directing the Owner of Record to Abate the Subject Condition within 30 days after Posting Notice Thereof. k. Approval of Improvement Agreement for Plot Plan 05 -PP -15 & Parcel Map 34850 Located at 118 Beaumont Avenue. Arco /AM -PM Award of Contract to the lowest responsible bidder for Street Improvement Project - 4th and Veile and Elm Avenue to Tyner Paving Company. m. Exoneration and Acceptance of Improvements of Bond No. SV9504 for Tract No. 29182 and Bond No. SV9505 for Tract No. 29183. Lennar - Oak Valley Greens. n. Exoneration and Acceptance of Improvements of Bond No. 8734464 -M for Tract No. 32260 -2, Street, Sewer and Storm Drain Improvements - K. Hovnanian - Four Seasons. o. Exoneration of Bond No. 81970891 for Tract Nos. 31388 -2, 30748 -2 and 31288 -3 and Bond No. 81970892 for Tract Nos. 31468 -5, 31468 -6 and 34862 - Pardee Homes - Sundance. http:// beaumont .granicus.com /MinutesViewer.php ?print= l &clip_id= 58&doc id= 75388c... 10/13/2009 Lcauuiuu< <.uy %- Umauit p. Exoneration and Acceptance of Improvements for Bond No. 81963798 -M Tract No. 31893 -1, Bond No. 81963799 -M, 81963801- M81963800 -M and 52BSBDE2476 -M or Tract No. 31893 -2 - Pardee Homes - Sundance Recommendation: Approval of the Consent Calendar as presented. Speakers: Shelly Wood - Item 3.e - Denial of Claim. Ray Santos - Possible buyer for 637 -639 Beaumont Avenue (Item 3.j) Pull Item 3.j for discussion Continue Item 3.1 Motion by Council Member DeForge, Seconded by Council Member Berg to approve the remainder on the Consent Calendar. 4/0 rage D of s Item 3.j - Keith Hightower gave update on Conditions set at the Regular City Council Meeting of September 1, 2009 Berg would like to add asbestos testing be done immediately so that when the 30 days are up the demo can take place right away. Rose Edmonds - Property Owner Motion by Council Member Berg, Seconded by Council Member DeForge to Adopt Resolution No. 2009 -31 as presented with the addition that asbestos testing take place immediately and property be fence with cost to be added to Property Owner Tax Bill. Vote: 3/1 Council Member Gall voted no 4. ACTION ITEMS /PUBLIC HEARING /REQUESTS a. Ordinance _NO. 958 - An Ordinance of the City-Council of the City of Beaumont, _California Amending Section_ 13.04.020 and Chapter 13.08 of the Beaumont Municipal Code_Entitled "Unlawful_ Discharge". Ordinance No. 9.5.9 - An Ordinance of the City Council of the_City of Beaumont California Adding Chapter 13,09_to_the Beaumont Municipal Code _Entitled _ "Regulating . Fats, Oils,. and-Grease (F.O.G.)_.Management in Food-Service Establishments" Recommendation: Hold a Public Hearing and Approve the 1st Reading of Ordinance No. 958 and 959 as presented. Open Public Hearing at 7 :16 p.m. No Speaker Closed Public Hearing at 7:16 p.m. Motion by Council Member DeForge, Seconded by Council Member Berg to approve the 1 st reading of Ordinance 958 & 959 as presented. Vote: 4/0 http:// beaumont .granicus.com/MinutesViewer.php ?print= l &clip_id= 58 &doc id= 75388c... 10/13/2009 licauiuuut %-I y %-vuaa;ta b. Ordinance No. 960 - An Ordinance of the City. Council ofthe_C_ ity of Beaumont* California amendng,_n its entirety,_ Title 6_of the Beaum. ont Municipal, Code Entitled "Animals" Recommendation: Hold a Public Hearing and Approve the 1 st reading of Ordinance No. 960 as presented. Staff report was given by Frank Coe, Chief of Police rage o ul a Open Public Hearing 7:30 p.m. George Connors: Doesn't think indoor cats should be required to be micro chipped David Knight - Disagrees with the comment that cats are the number one carrier of rabies. Closed Public Hearing 7:36 p.m. Motion by Council Member Berg, Seconded by Council Member Gall to approve the 1st reading of Ordinance No. 960 with amendment to state that if cat gets out more than 2 times in 6 months, cats will be required to have them chipped. Vote 4/0 c. I I. --- Authorization . Accept an Offer of Dedication_06_ -D -01 for a_Portion of 6th Street_ between_ Chestnut Avenue and Palm Avenue; and Street.Vacation 06- $V-01 za Request.for the Vacation of a Portion of Chestnut Avenue between 5th. Street and 6th Street - Applicant: Ladomac, LLC Recommendation: Hold a Public Hearing and Approve Street Vacation 06 -SV -01 and Accept Offer of Dedication 06 -D -1 as presented. Staff report was given by Rebecca Deming, Asst. Planning Director Open Pubic Hearing 7:44 p.m. No Speakers Close Public Hearing 7:44 p.m. Motion by Council Member DeForge, Seconded by Council Member Berg to Approve Street Vacation No. 06 -SV -01 as presented. Vote: 4/0 d. Hearing_ for the Abatement of Substandard, Structures at 1533, 1535. A 1539 E. 6th Street. - former known as 'The Cart. Guy" Recommendation: Adopt Resolution No. 2009 -32 to declare the property a public nuisance and order Abatement of the nuisance within 30 days, in accordance with Section 115 Unsafe Structures of the California Building Code and Section 17920.3 Sub - Standard Structures of the State health and Safety Code. http:// beaumont .granicus.comlMinutesViewer.php ?print= l &clip_id= 58 &doc id= 75388c... 10/13/2009 1-3cauiliuut �-,uy %- u lkal raga r ut o Staff report was given by Keith Hightower, Building and Safety Speakers: Abol Hosseinioum - Property Owner Motion by Council Member Berg, Seconded by Council Member DeForge to adopt Resolution No. 2009 -32 as presented. Vote: 4/0 e. Appeal. for the Denial of.09- CUP - 12,,1111 Beaumont Avenue_ Applicant; Jalal Jabaieh - 7- Day Market Recommendation: 1) Hold a Public Hearing; and 2) Staff recommends that the City Council deny the appeal and uphold the Planning Commission Denial of 09- CUP-12. Staff report was given by Rebecca Deming, Assistant Planning Director. Open Public Hearing 8:00 p.m. Speakers: Dean Cooper - In favor of CUP approval Rodico - In favor of CUP approval Amy Widner - In favor of CUP approval Javier Lewis - In favor of CUP approval Jalal Jabaieh - Applicant Closed Public Hearing Motion by Council Member Gall, Seconded by Council Member Berg to deny the appeal and uphold the Planning Commission Denial of 09 -CUP- 02. Vote: 2/2 (Mayor Fox and Council Member DeForge vote no). Issue dies due to 2/2 vote. Applicant can reapply in one year. f. Ajppointment.of one. (1_) Planning_ Commission Vacancy Recommendation: Review Applications, Interview, and Make Appointment to Vacancy. Staff report was given by Alan Kapanicas, City Manager George Connors introduction Martie Killough introduction Brenda Knight introduction Roger Thompson introduction Council Member Gall - Brenda Knight Council Member Berg - Brenda Knight Mayor Fox - Martie Killough http:// beaumont .granicus.com/MinutesViewer.php ?print =l &clip_id= 58 &doc_id= 75388c... 10/13/2009 DCUUiiivut "'Ity k-uUncii rage s or is On a Roll Call Vote of 3/1 Brenda Knight was appointed as Planning Commissioner with a term to expire December 2010. Vote: 3/1 (Mayor Fox nominated Martie Killough) City_ Council_ Meeting at 8:40 p.m, Manager Any Person with a disability who requires accommodations in order to participate in this meeting should telephone Shelby Hanvey at 951- 769 -8520 ext. 323, at least 48 hours prior to the meeting in order to make a request for a disability- related modification or accommodation http:// beaumont .granicus.comlMinutesViewer.php ?print =l &clip_id= 58 &doc_id= 75388c... 10/13/2009