1 CITY COUNCIL CLOSED & REGULAR SESSION
MINUTES
December 6, 2022
Closed Session: 5:00 PM Regular Meeting: 6:00 PM
550 E. Sixth Street, Beaumont, CA
REGULAR SESSION
A. CALL TO ORDER at 6:00 p.m.
Action of any Requests for Excused Absence
Pledge of Allegiance
Invocation
Adjustments to the Agenda
Conflict of Interest Disclosure
B. ANNOUNCEMENTS / RECOGNITION / PROCLAMATIONS /
CORRESPONDENCE
B.1 Coachella Valley Rail Project Update
C. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA)
No comments.
D. CONSENT CALENDAR
Motion by Council Member White
Second by Mayor Pro Tem Fenn
To approve the Consent Calendar with the non-substantive changes to D5.
Approved by a unanimous vote
D.1 Ratification of Warrants
Ratify Warrants dated:
2 November 4, 2022
November 10, 2022
November 21, 2022
D.2 Approval of Minutes
Approve Minutes dated November 15, 2022.
D.3 Consideration of Re-Authorizing the Use of Teleconferencing to Conduct Public Meetings
To continue the use of teleconferencing for a 30-day period through December 31, 2022.
Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont Proclaiming a Local Emergency Persists, Re-Ratifying the Proclamation of a State of Emergency by Executive Order N-09-21, and Re-Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Beaumont for the Period of December 6, 2022, through December 31, 2022, Pursuant to Provisions of the Ralph M. Brown Act.”
D.4 Request to Approve a Purchase Order in an Amount Not-to-Exceed $50,000 to the San Bernardino Sherriff’s Department for Continued Professional Training
A Purchase Order approval is required for the Police Department to pay invoices to the regional training center for current Continued Professional Training and a late invoice from the previous budget year.
Approve a Purchase Order to the San Bernardino County Sheriff’s Department for Continued Professional Training in an amount not to exceed $50,000.00.
D.5 Second Reading and Adoption of an Ordinance Approving Amendment No. 2 to the Development Agreement for Beaumont Crossroads II (Hidden Canyon Specific Plan)
Partial assignment of an amended and restated development agreement by and between the City of Beaumont, MPLD II Inland Empire, LLC, MPLD Inland Empire ULC, LLC and MPLD Inland Empire KRB, LLC.
Waive the second full reading and adopt by title only, “An Ordinance of the City Council of the City of Beaumont adopting a partial assignment of an amended and restated development agreement by and between the City of Beaumont, MPLDII Inland Empire, LLC and MPLD Inland Empire KRB, LLC.”
D.6 Second Reading and Adoption of an Ordinance Amending Chapter 15 of the Beaumont Municipal Code for the Adoption of the 2022 California Building Standards Code
3 California Code of Regulations – Title 24
Waive the second full reading and approve by title only “An Ordinance of The City Council of The City of Beaumont, California, Approving the Adoption of the 2022 Edition of the California Building Standards Code, (California Code of Regulations, Title 24), Parts 2,
2.5, 3, 4, 5, 6, 8, 10 and 11 with Amendments and Amending Portions of Chapter 15 “Buildings and Construction,” of the Beaumont Municipal Code.”
D.7 Second Reading and Adoption of an Ordinance Amending Chapter 15.20 of the Beaumont Municipal Code for the Adoption of the 2022 California Fire Code
California Code of Regulations Title 24, Part 9
Waive the second full reading and approve by title only, "An Ordinance of The City Council of The City of Beaumont, California, Approving the Adoption of the 2022 Edition of the California Building Standards Code, (California Code of Regulations Title 24), Part 9, 2022 California Fire Code with Amendments and Amending Chapter
15.20 'Fire Code,' of the Beaumont Municipal Code."
D.8 Approval of Correct Gann Limit for FY2021-22
Approve corrected resolution for the FY2021-22 Gann Limit.
Waive the full reading and adopt by title only a “Resolution of the City Council of the City of Beaumont, approving the Appropriation Limit for the 2021-22 Fiscal Year.”
D.9 Bond Exoneration
Performance bond exonerations for street improvements associated with Tracts 33096-2, 27971-1, 27971-2, 27971-3, and 27971-5.
Authorize City staff to issue a Bond Exoneration Letter for Performance and Payment Bonds and Accept Maintenance Bonds for (Project / Bond Number / Improvement / Maintenance Bond Number):
• Tract Map No. 33096-2/ 5026143 / Street / LICX124953
• Tract Map No. 27971-1 / 1001054051 / Street / 0827481 • Tract Map No. 27971-2 / 1001054052 / Street / 0827482 • Tract Map No. 27971-3 / 1001054053 / Street / 0827483 • Tract Map No. 27971-5 / 1001054054 / Street / 0827484 D.10 Final Approval of Tract Map No 31462-20
4 Approve Tract Map No. 31462-20 and accept Security Agreement for Survey Monuments.
Approve Tract Map No. 31462-20 as it is in substantial conformance with the approved tentative map and Accept Security Agreement for survey monuments.
D.11 Final Approval of Tract Map No 31462-24
Approve Tract Map No. 31462-24 and accept Security Agreement for Survey Monuments.
Approve Tract Map No. 31462-24 as it is in substantial conformance with the approved tentative map and accept Security Agreement for survey monuments.
D.12 First Amendment to Professional Services Agreement with Revenue and Cost Specialist, LLC
Approval to extend the term of the agreement with Revenue and Cost Specialist, LLC.
Approve a first amendment to the Professional Services Agreement with Revenue and Cost Specialists, LLC for a period not to exceed seven months, through June 30, 2023.
D.13 Fourth Amendment to the Contract with Lisa Wise Consulting for a One- Year Contract Extension with No Monetary Change
A request to extend the contract with Lisa Wise Consulting for one year for continued work on the Housing Element related tasks. This contract extension has no monetary change.
Approve a one-year contract extension with Lisa Wise Consulting for ongoing work on the City’s 6th Cycle Housing Element Update and related documents extending the contract term through October 19, 2023.
D.14 FY2022-23 October Budget Update and Financial Status Report Monthly Budget Update and Financial Status Report.
Receive and file report.
D.15 Notice of Completion
Oak Valley Parkway/ Interstate 10 Ramp Signalization Project.
Authorize the Mayor to execute a Notice of Completion for the Oak Valley Parkway/ Interstate 10 Ramp Signalization Project.
5 F. ACTION ITEMS
Approval of all Ordinances and Resolutions to be read by title only.
F.1 Downtown Business Incentive Program
Consideration of a Downtown Business Incentive Program in response to downtown business meetings.
Motion by Council Member White
Second by Mayor Pro Tem Fenn
Approve the Downtown Business Incentive Program as presented.
Approved by a unanimous vote
F.2 Sponsorship of the 2023 Cherry Festival
Approve the sponsorship of $100,000 for the 2023 Cherry Festival.
Motion by Mayor Martinez
Second by Council Member White
Approve the sponsorship of the 2023 Cherry Festival and allocate $100,000 from the Recreation Programs account no. 100-1550-7040- 0000 with the contingency that an audit be performed for 2022 and 2023 of Cherry Festival accounting for the transparency of sponsorship funds and the allocation thereof. The City will cover 75% of the cost of the audits.
Approved by a unanimous vote
F.3 First Amendment to the Professional Services Agreement with Webb Associates to Provide Engineering and Design Services
For the Beaumont Mesa Lift Station and Force Main Project, in an amount not to exceed $56,639.
Motion by Council Member White
Second by Council Member Lara
Approve a First Amendment to the Professional Services Agreement with Webb Associates to provide engineering and design services for the Beaumont Mesa Lift Station and Force Main project in an amount not to exceed $56,639.
Approved by a unanimous vote
F.4 Preliminary Engineering Agreement with Union Pacific Railroad for the Pennsylvania Avenue Grade Separation Project
6 Approve and sign a Preliminary Engineering agreement with the Union Pacific Railroad in an amount not to exceed $450,000.
Motion by Council Member White
Second by Mayor Martinez
Approve and sign a Preliminary Engineering agreement with the Union Pacific Railroad for the Pennsylvania Avenue Grade Separation Project in an amount not to exceed $450,000.
Approved by a unanimous vote
F.5 Award a Professional Services Agreement to Raftelis Financial Consultants, Inc. for a Sewer Rate Study in an Amount Not to Exceed $41,313
Award an agreement with Raftelis Financial Consultants, Inc. for professional engineering services for a sewer rate study.
Motion by Council Member White
Second by Jessica Voigt
Award a Professional Services Agreement with Raftelis Financial Consultants Inc. in an amount not to exceed of $41,313.
Approved by a unanimous vote
F.6 Proposed Change of Planning Commission Meeting Day
Discussion and possible action on a proposed change of Planning Commission meeting day from the second Tuesday of the month to the second Wednesday of the month beginning January 2023.
Adopt by title only, “A Resolution of the City Council of the City of Beaumont, California, Adopting Planning Commission Meeting Days.”
F.7 Discussion on the Finance and Audit Committee
Discuss and possible direction on the Finance and Audit Committee.
Direction to staff to prepare an ordinance to adjust the meeting time frame to quarterly and adjust the number of members on the committee.
G. LEGISLATIVE UPDATES AND DISCUSSION
H. ECONOMIC DEVELOPMENT UPDATE
No report.
7 I. CITY TREASURER REPORT
No report.
J. CITY CLERK REPORT
No report.
K. CITY ATTORNEY REPORT
Update of current litigation and update to the teleconferencing abilities for public meetings.
L. CITY MANAGER REPORT
Welcomed the new electeds. Announced that the City received a Distinguished Budget Presentation Award.
M. FUTURE AGENDA ITEMS
- Review the Sign Ordinance
N. COUNCIL REPORTS
Fenn - Report out from the Tnow Meeting, gave an update of the subcommittee task of creating a CFD webpage for residents, potential residents and realtors, and report out from Passcom.
Lara - Welcomed the new electeds and announced upcoming parks and rec holiday activities.
White - No report.
Voight - No report.
Martinez - Gave a report out from RCA.
O. ADJOURNMENT TO CLOSED SESSION
CLOSED SESSION
P. CALL TO ORDER
Q. PUBLIC COMMENTS REGARDING CLOSED SESSION
Q.1 Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1)
One Case: Mileena Garcia et al. (Case number 5:22-cv-1629-SSS(KKx) No reportable action.
Q.2 Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) and/or (3)
One potential case.
8 No reportable action.
Q.3 Conference with Legal Counsel Regarding Potential Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4)
One potential case.
No reportable action.
Q.4 Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1)
One Case: Megan Reeves v. City of Beaumont et.al. Case No. 5:22-CV- 02021-SB-MRW
Motion by Council Member White
Second Council Member Lara
To defend the case.
Approved by a unanimous vote
R. ADJOURNMENT at 10:48 p.m.
The next regular meeting of the Beaumont City Council, Beaumont Financing Authority, the Beaumont Successor Agency (formerly RDA), the Beaumont Utility Authority, the Beaumont Parking Authority and the Beaumont Public Improvement Agency is scheduled for December 20, 2022, at 6:00 p.m. unless otherwise posted.