19 1. All expenses allowed must be reasonable. To the extent that the Arbitrator Administrative Appeals Board finds any expense(s) to be unreasonable, the ArbitratorAdministrative Appeals Board shall adjust such expense(s).
B. Mortgage principal and interest payments.;
1. In refinancing, increased interest shall be permitted to be considered as an operating expense only where the park owner can show that the refinancing was reasonable and consistent with prudent business practices under the circumstances.
C. Lease purchase payments; and rent or lease payments to park owner's lesser; except that increases in such payments in any year may be allowed if found by the Administrative Appeals Boardrbitrator to be reasonable and consistent with prudent business practice under the circumstances.
D. Excessive costs of maintenance caused by delaying normal maintenance.;
E. A cost that results because the loss is uninsured where prudent business practice would expect insurance coverage or the cost for that portion of a loss above a normal deductible, if underinsured, shall not be included as an operating expense..
F. Depreciation of the real property.;
G. Any expenses for which the landlord has been reimbursed by any security deposit, insurance settlement, judgment for damages, settlement, or any other method.
H. Attorneys’ fees and other costs incurred for preparation and presentation of proceedings before the Arbitrator orAdministrative Appeals Board, or in connection with civil actions or proceedings against the Arbitrator orCity or the Administrative Appeals Board.
I. Penalties, fees or interest assessed or awarded for violation of this or any other statute or ordinance.;
13.21.240 Presumption of fair base year net operating income.
Except as provided in below, it shall be presume that the Net Operating Income produced by a park owner during the base year, provided a fair return on property. Owners shall be entitled to maintain and increase their Net Operating Income from year to year in accordance with Sections
13.21.080B and 13.21.090B.
13.21.250 Rebutting the presumption.
It may be determined that the base year net operating income yielded other than a fair return on property, in which case, the base year Net Operating Income may be adjusted. In order to make
20 such a determination, the Arbitrator or its designeeAdministrative Appeals Board must make at least one of the following findings:
A. The owner's operating and maintenance expenses in the base year were unusually high or low in comparison to other years. In such instances, adjustments may be made in calculating such expenses so the base year operating expenses reflect average expenses for the property over a reasonable period of time. The Arbitrator Administrative Appeals Board shall consider the following factors:
1. The owners made substantial capital improvements during the base year which were not reflected in the rent levels on the base date.
2. Substantial repairs were made due to damage caused by natural disaster, vandalism or other cause which management has taken appropriate action to reduce.
3. Maintenance and repair were below accepted standards so as to cause significant deterioration in the quality of housing services.
4. Other expenses were unreasonably high or low notwithstanding the following of prudent business practices by management.
B. The rental rates in the base year were disproportionate due to enumerated factors below. In such instances, adjustments may be made in calculating gross rents consistent with the purpose of this Ordinance.
1. The rental rates in the base year were substantially higher or lower than in preceding months by reason of premiums being charged or rebates being given for reasons unique to particular units or limited to the period determining the base rent.
2. The rent in the base year was substantially higher or lower than at other times of the year by reason of seasonal demand or seasonal variations in rent.
3. The rental rates in the base year were exceptionally high or low due to other factors which would cause the application of the base year net operating income to result in gross inequity to either the owner or tenant.
13.21.260 Determination of base year net operating income.
A. To determine the net operating income during the base year, there shall be deducted from the annualized gross income being realized in 1991, a sum equal to the actual operating expenses for calendar year 1991, unless the owner demonstrates to the satisfaction of the Arbitrator Administrative Appeals Board that the use of some other consecutive 12-month period is justified by reasons consistent with the purposes of this section.
21 B. In the event the owner did not own the subject property during the base year, the operating expenses for 1991 shall be determined by one of the following methods, whichever the Arbitrator or BoardAdministrative Appeals Board determines to be more reliable in the particular case:
1. The previous owner's actual operating expenses as defined in Section
13.21.220 and 13.21.230 if such figures were available, or
2. Actual operating expenses for the first calendar year of new ownership, adjusted to 1991.
C. Park owners shall be entitled to maintain and increase their net operating income from year to year in accordance with the guidelines set forth in this Ordinance. It shall further be rebuttably presumed that where the net operating income is less than 50 percent of gross income in the base year, the park owner was receiving less than a just and reasonable return on the mobile home park.
13.21.270 Determination of current year net operating income.
To determine the current year net operating income there shall be deducted from the annualized gross income, determined by analyzing the monthly rents in effect at the time of filing of a petition, a sum equal to the actual operating expenses for the last calendar year (unless the owner demonstrates to the satisfaction of the Arbitrator Administrative Appeals Board that the use of some other consecutive 12-month period is justified by reasons consistent with the purposes of this section).
13.21.280 Schedule of increases in operating expenses.
Where scheduling of rental increases, or other calculations, require projections of income and expenses, it shall be assumed that operating expenses, exclusive of property taxes, and management expenses, increase at five percent per year, that property taxes increase at two percent per year, and that management expenses constitute five percent of gross income, provided, however, that if actual increases are greater or less than those listed in this section, the actual increases shown according to proof shall be the increases applicable.
13.21.290 Discretionary considerations.
While the net operating income formula should operate to provide a park owner a fair return on the park, the Hearing Officer or ArbitratorAdministrative Appeals Board considering a request for rent increases shall consider all relevant factors presented in making a determination, as set forth in this Ordinance.
13.21.300 Increases pending hearing.
22 Rent increases which require petition with the Administrative Appeals Board may not be collected in full by the park owner until such time as ordered otherwise by a final decision of the Arbitrator Administrative Appeals Board or unless agreed upon by the residents and the park owner; however, a park owner may continue to collect the full amount of rent permitted, including any permissive CPI adjustment, which does not require such approval..
13.21.310 Rent adjustments for reduction in utility services.
A. If a mobile home park provides in the rent, without separate charge, utilities or similar services (including, but not limited to, natural gas, electricity, water, sewer, trash, and/or cable television) and converts to separate charge for such service by separate metering, separate charge or other lawful means of transferring to the tenant the obligation for payment for such services, the cost savings shall be passed through to tenants by a rent adjustment equal to the actual cost to the park of such transferred utility or similar service (less common area usage) based on costs for the 12 months period prior to notice to the tenants of the change. It is the intent of this Section for those rental agreements entered into on or after January 1, 1991, to be consistent with the provisions of Mobilehome Residency Law, including Civil Code Section 798.41 as adopted by Chapter 1013, Section 2 of the Statutes of 1990, as may be amended from time to time.
B. For purposes of this section, in determining cost savings to be passed on to tenants in the form of decreased rent, the cost of installation of separate utility meters, or similar costs incurred by the owner to shift the obligation for payment of utility costs to the tenants shall not be considered. However, this shall not be construed to prohibit or prevent the consideration of inclusion of such costs as an increased operating expense. at arbitration.
13.21.320 Quantum of proof and burden of proof.
The decision of the Arbitrator, the Director, or the Hearing OfficerAdministrative Appeals Board must be supported by the evidence submitted. In Arbitration, Tthe petitioning party shall have the burden of going forward with the evidence and the burden of persuasion by a preponderance of the evidence.
13.21.330 Remedies for violation.
A. Civil Remedies. Any person who demands, accepts, or retains any payment in violation of any provision of this Ordinance shall be liable in a civil action to the person from whom such payment is demanded, accepted, or retained for damages in the sum of three times the amount by which the payment or payments demanded, accepted or retained exceed the maximum rent which could lawfully be demanded, accepted, or retained, together with reasonable attorney's fees and costs as determined by the Court.
23 B. Criminal Remedies. It shall be unlawful for any owner to willfully and knowingly adjust any rent in an amount in excess of that allowed under this Ordinance or by order of the Arbitrator. Any owner who willfully and knowingly violates any of the provisions of this Ordinance or the orders of the Arbitrator shall be guilty of a misdemeanor punishable by a fine not exceeding $1,000 or six months in jail or both.
C. Injunctive and Other Civil Relief. Any Mobile home park operated, conducted, or maintained contrary to the provisions of this Ordinance shall be, and is hereby declared to be, unlawful and a public nuisance, and the City may, in addition to or in lieu of prosecution in a civil or criminal action under this Ordinance, commence an action or actions, proceeding or proceedings for the abatement, removal, and enjoinment thereof, in the manner provided by law, and shall take such other steps, and shall apply to such courts or court as may have jurisdiction to grant such relief as will abate, remove, and/or restrain and enjoin any person from operating, conducting, or maintaining a Mobile home park contrary to the provisions of this Ordinance. Such remedies shall be in addition to any other judicial or administrative remedies available to the City under the City Code or state law. The Arbitrator, the Director, the City, and/or the Tenants and Owners may seek relief from the appropriate Court within the jurisdiction in which the rental unit is located to enforce any provision of this Ordinance or its implementing regulations or to restrain or enjoin any violation of this Ordinance and of the rules, regulations, orders and decisions of the Arbitrator or City Council.
D. Non-waiver of Rights. Any waiver or purported waiver by a tenant or prospective tenant of rights granted under this Ordinance prior to the time when such rights may be exercised, whether oral or written, shall be void as contrary to public policy.
E. All remedies prescribed by this Ordinance are cumulative and the election of one or more remedy does not bar the City from the pursuit of any other remedy to enforce this Ordinance.
F. Each violation of this Ordinance shall constitute a separate violation and each violation may be charged as a separate count in the event of administrative or criminal enforcement action.
13.21.340 [RESERVED].
13.21.340 Periodic review of Ordinance.
The City Council shall review the provisions of this Ordinance following a report by the Director one year following the date of adoption thereof, and at any other time deemed appropriate, in order to consider the following:
1. Whether this Ordinance continues to be necessary to protect the public health, safety, and welfare.
24 2. Whether the implementation of the provisions of this Ordinance have been adequate; and
3. Whether the provisions of this Ordinance should be amended to provide more effective regulations or to avoid unnecessary hardship.
13.21.350 Severability.
If any provision of this Ordinance or application thereof to any person or circumstances is held to be invalid, this invalidity shall not affect other applications of this Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are declared to be severable.
13.21.360 Ordinance to be liberally construed.
This Ordinance shall be liberally construed to achieve the purposes of this Ordinance and to preserve its validity.
13.21.370 [RESERVED].
13.21.370 Prospective effect.
This Ordinance is intended to operate prospectively from its effective date, and anything which occurred prior to the effective date of this Ordinance which was otherwise lawful shall not be affected.
13.21.380 [RESERVED].
13.21.080 Introduction.
This Ordinance was duly and regularly introduced as a meeting of the City on the 12th day of March, 1996.
13.21.390 [RESERVED].
13.21.390 Effective date.
This Ordinance is effective 31 days after adoption.
13.21.400 Repeal of Ordinance No. 602, and amendments thereto.
Ordinance 602, and amendments thereto, enacted in 1984 adding Chapter 13.16 entitled Mobile Home Rent Review Commission to the Beaumont Municipal Code, is hereby repealed and superseded by the adoption of this Ordinance.
Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE November 7, 2023
SUBJECT: Discussion on Special Event Permit Application Fee Waiver Policy
Description Adopt an objective process for evaluating fee waiver requests for Special Event Permit Application deposits. Strategic Plan Target #5 – Quality of Life/Well-Being, Priority Level 2, Goal #5 Increase community events, arts and culture.
Background and Analysis:
In March 2023, City Council adopted Resolution No. 2023-03, which established user fees for certain specified services. The new fee schedule went into effect on July 1 st and included the categories of Special Event – Major, which has a deposit-based fee of $5,000 and Special Event – Minor, which has a deposit of $500. The deposits are based on the Cost Allocation Plan and are applied to fully allocated hourly rates of staff and any outside costs associated with processing the application. Prior to adoption of the fee schedule, these applications were processed at no charge to the applicant.
Since the fees were adopted, staff has received several applications with requests to waive the application deposit. At the October 7, 2023, City Council Meeting, staff was directed to develop a policy for equitably and objectively evaluating Special Event Permit Application deposit waiver requests. Included as Attachment A is the Special Event Permit Application Fee Waiver Policy. The City Attorney has reviewed the draft policy as presented.
The Policy covers the following areas:
Purpose – ideology behind the policy
Eligible Applicants – Who can apply:
Intergovernmental Cooperation.
Non‐Profit Organization.
Entity whose event positively meets the consideration criteria. Official City of Beaumont sponsored or co-sponsored event.
Evaluation Criteria – What and how the City is reviewing:
Whether the event is a benefit to the community.
Whether the event creates positive publicity for the c ity. The city’s cost of providing services for/to the event. Whether there are revenues that can be used to offset the impact of a fee waiver on the general fund.
Whether the event promotes education, public health, public welfare or public safety.
Eligible and Ineligible Fees and Events – What the City can waive Eligible:
Special Event Permit Application deposit.
Banner Permit or other temporary, event related signage permit fee .
Ineligible Costs:
Staffing or labor costs (i.e. overtime for staff working outside of normal operations), security costs, utility reimbursement costs, deposits for damages to facilities, refuse removal cost, custodial costs, maintenance costs, and any other applicable costs.
Insurance or other fees as required by the City and/or ordinance. Any fees, permits or other items required by outside agencies. City of Beaumont business license fees unless otherwise specified in the Beaumont Municipal Code.
Ineligible Events:
Organizations based outside City of Beaumont (unless the demonstrated benefits are primarily to the residents of Beaumont).
Events or activities that are not open to the public. Events that are political in nature or by individuals seeking political office or elected officials for the purpose of an election campaign. Religious organizations seeking space or facilities for religious services. Corporate events.
Family or social gatherings.
Events that provide no community benefit.
Trainings that charge for participation.
Events which charge a fee for entry.
Projects or organizations who have failed to fulfill their obligations during previous events or activities or failed to comply with conditions of approval resulting in an impact to public health or safety.
Events scheduled that would conflict with already planned City of Beaumont community events (e.g., Freedom Festival, Blizzard Bash, etc.)
Policies and Procedures – How the review and approval/denial process takes place.
Fiscal Impact:
The cost to prepare this staff report and policy is approximately $500.
Recommended Action:
Hold discussion and provide direction to staff on the proposed Policy; or Hold discussion and adopt the Special Event Permit Application Fee Waiver Policy.
Attachments:
A. Special Event Permit Application Fee Waiver Policy
10.25.23 Special Event Permit Application
Fee Waiver Policy
Purpose
The purpose of the fee waiver policy is to establish fiscally responsible guidelines to equitably evaluate and consider fee waiver requests for one-time events through the Special Event Permit Application process. These guidelines establish parameters for waiving the Special Event Permit Application deposit for community-wide events, homeowner associations or community associations events and other activities or events which provide a direct benefit to the public.
For purposes of this policy, the term “fee waiver” is the granting of a reduction or dismissal of the deposit required for filing and processing the Special Event Permit Application.
Special Event
A special event is any temporary event, as further described herein, not exceeding thirty days whether indoors or outdoors, or on improved or unimproved public or private property. It also refers to any event or activity that may result in the closure of any public streets, or any activities which may temporarily require the installation of materials or devices using building, electrical, mechanical, plumbing, flammable or similar materials. Special events may include, but are not limited to, short-term events such as any show, circus, concert, festival, carnival, dance open to the public, exhibition, walk-a-thon, marathon run, cycling event, pumpkin patch, outdoor sales and other event as identified in Beaumont Municipal Code Chapter 9.03 Regulation of Special Events.
Eligible Applicants
Fees may be waived when such action is determined by the City of Beaumont to serve a public purpose and be in the best interest of the City, its residents, and the service applicant. Eligible organizations include the following:
10.25.23 Intergovernmental Cooperation
Non‐Profit Organization
Entity whose event positively meets the consideration criteria Official City of Beaumont Sponsored or Co-Sponsored event (Per Approved Sponsorship)
Evaluation Criteria
The city will consider the following when reviewing a special event fee waiver request:
1. Whether the event is a benefit to the community.
2. Whether the event creates positive publicity for the city.
3. The city’s cost of providing services for/to the event.
4. Whether there are revenues that can be used to offset the impact of a fee waiver on the general fund.
5. Whether the event promotes education, public health, public welfare or public safety.
Eligible and Ineligible Fees and Events
Eligible:
1. Special Event Permit Application deposit
2. Banner Permit or other temporary, event related signage permit fee Organizations can receive up to four Special Event Permit Application fee waivers within a 12- month period.
Ineligible Costs or Fees:
1. Staffing or labor costs (i.e. overtime for staff working outside of normal operations), security costs, utility reimbursement costs, deposits for
10.25.23 damages to facilities, refuse removal cost, custodial costs, maintenance costs, and any other applicable costs
2. Insurance or other fees as required by the City and/or ordinance
3. Any fees, permits or other items required by outside agencies
4. City of Beaumont business license fees unless otherwise specified in the Beaumont Municipal Code
Ineligible Events:
1. Organizations based outside City of Beaumont (unless the demonstrated benefits are primarily to the residents of Beaumont)
2. Events or activities that are not open to the public
3. Events that are political in nature or by individuals seeking political office or elected officials for the purpose of an election campaign
4. Religious organizations seeking space or facilities for religious services
5. Corporate events
6. Family or social gatherings
7. Events that provide no community benefit
8. Trainings that charge for participation
9. Events which charge a fee for entry
10. Projects or organizations who have failed to fulfill their obligations during previous events or activities or failed to comply with conditions of approval resulting in an impact to public health or safety
11. Events scheduled that would conflict with already planned City of Beaumont community events (e.g., Freedom Festival, Blizzard Bash, etc…) Policy and Procedures
The Community Development Department recognizes the value of working with and supporting organizations to provide services and programs that benefit the Beaumont community. Charging fees is a standard practice when individuals, private groups, government or non-profit groups wish to process requests to hold events. Fees charged for applications help cover the cost of providing such
10.25.23 services. This policy is established for determining when applicable fees (e.g., application deposit) established by the City of Beaumont’s adopted Fee Schedule may be waived.
The policy is effective to the extent a fee waiver can be considered without negatively impacting the City’s budget or current operations.
Submit a written request for fee waiver with the Special Event Permit Application with all other required materials to the Planning Department.
If the request involves approval from other City departments, the request will be forwarded as part of the review process.
Fee waiver requests will be assessed by the Community Development Department and City Manager’s Office, based on the requirements in this policy.
Upon review, the City Manager or his or her designee, will make a recommendation to the City Council for final approval or denial.
The Planning Department will notify the applicant in writing of the final decision.
Within forty-five (45) days of completion of the event for which a fee waiver was given, the organization should provide a written report to the Planning Department, to include at a minimum the number of participants, event revenue and expenses, and a description of the benefit to the City.
Failure to abide by the procedures set forth in this policy or conditions of approval for the application may result in the respective permittee being denied the current and any future fee waiver requests. Organizations that fail to cancel the approved event less than 30 days before their scheduled event and/or that fail to abide by this policy may forfeit their ability to request future fee reductions or waivers or enter into Partnerships with the City for the following twelve (12) months.
California Levine Act Statement
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Beaumont City Council Member from participating in any action related to a contract or application if he or she receives any political contributions totaling more than $250 within the previous twelve months, and for three months following the date a final decision from the business/board or applicant.
The Levine Act also requires a member of the Beaumont City Council who has received such a contribution to disclose the contribution on the record of the proceeding.
Current Beaumont City Council Members are listed at:
https://www.beaumontca.gov/29/City-Council
Proposers are responsible for accessing this link to review the names prior to answering the following questions.
1. Have you or your company, or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $250 to any Beaumont City Council Member in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action? ___ YES If yes, please identify the Council Member(s):
_x__ NO
2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $250 to any Beaumont City Council Member in the 12 months following any Council action related to your proposal or application?
___ YES If yes, please identify the Council Member(s):
_x__ NO
Answering yes to either of the two questions above does not preclude the Beaumont City Council from awarding a contract or approving an application or any subsequent action. It does however, preclude the identified Council Member(s) from participating in any actions related to your proposal or application.
Date 11/2/23 Signature of authorized individual
Sundance General Manager, Joy A Marino
Company/Applicant Name
City of Beaumont | 550 E. 6th Street, Beaumont, CA 92223 | (951) 769 -8520 | Beaumont CA.gov
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
DATE November 7, 2023
SUBJECT: Fiscal Year 2024 1st Quarter Budget Update and Financial Status Report
Description Receive a report on the status of the City’s budget and financial status as of September 30, 2023.
Background and Analysis:
The Fiscal Year (FY) 2024 1st quarter financials provide an update to the City’s financial position relative to the FY 2024 budget.
Budget Control and Monitoring
The City of Beaumont Budget Policy provides that the Finance Department will maintain a system of tools for departments to manage their budgets and for financial monitoring and control of the City’s budget during the fiscal year. This system will provide the departments and City Council with information on revenue, expenditures, and budget performance at both the department and fund level.
General Fund Summary
Most of the General Fund revenue budget is from taxes. Property tax is usually recorded in December and May. Sales tax is received in monthly advanced estimated payments and then a quarterly actual clean-up payment. Other taxes include Motor Vehicle In-Lieu, which is received in February and June, as well as Utility Users tax which is received monthly.
General Fund Revenues
As of September 30, 2023, the City has collected 10% of the FY 2024 budgeted revenues. Sales tax for the month of July has been recorded. Interest from all accounts is creating the miscellaneous category to look over budget, however, staff still needs to allocate other funds their portion. Below is a table for General Fund Revenues as of September 30, 2024.
General Fund Departments
The table below provides an overview of the General Fund department budgets through September 30, 2023.
ORIGINAL
BUDGET
FY2023/24
CURRENT
BUDGET
FY2023/24
ACTUAL
FY2023/24
ESTIMATED
ACTUALS %
Taxes 48,020,578.00 48,020,578.00 2,557,804.14 49,464,517.00 5% Licenses 375,000.00 375,000.00 136,688.37 477,744.00 36% Permits 2,479,689.00 2,479,689.00 625,160.93 2,319,818.00 25% Franchise Fees 3,299,914.00 3,299,914.00 1,050,000.00 3,299,914.00 32% Charges for Services 2,543,775.00 2,543,775.00 261,437.79 2,645,105.00 10% Fines and Forfeitures 115,000.00 115,000.00 18,433.62 73,732.00 16% Cost Recovery 866,920.00 866,920.00 180,075.39 900,331.00 21% Miscellaneous 1,120,860.00 1,120,860.00 1,980,403.87 1,345,610.00 177% Other Financing Sources 750,000.00 750,000.00 (1,708.18) 750,000.00 0% Transfers 8,218,067.00 8,218,067.00 - 8,218,067.00 0% TOTAL REVENUES 67,789,803.00 67,789,803.00 6,808,295.93 69,494,838.01 10%
GENERAL FUND
Departments that have been highlighted in orange are outside of the +/- 10% from the 25% threshold. Legal, OES and Fire are contractual services. The 4th quarter invoice from the previous year has not yet been paid due to receiving it late from the County.
Once it is paid, that department will no longer show a credit.
The table below provides for expenditures by type. Personnel costs make up 43.74% of the actuals to date. Operating costs are 19.24% of actuals followed by capital at 1.38%.
Currently, there are no categories over budget. The contractual services portion s hows a credit due to the Fire invoice as described above. Overall, estimated actuals have revenues coming in $1.7M above budget and expenditures $6.1M below budget for an
DEPARTMENT
FY 2024 ORIGINAL
BUDGET
FY 2024
BUDGET
FY 2024
ACTUAL %
Non-Departmental 6,219,292.00 6,219,292.00 5,562,079.00 89.4% City Council 202,143.00 202,143.00 15,970.56 7.9% City Clerk 459,449.00 566,449.00 89,418.43 15.8% Administration 1,545,057.00 2,563,272.00 234,964.41 9.2% Communications 390,477.00 390,477.00 8,497.57 2.2% Finance 1,942,334.00 1,942,334.00 396,868.29 20.4% IT 1,798,922.00 1,813,236.00 609,201.79 33.6% Economic Development 1,207,540.00 1,917,040.00 177,643.85 9.3% Risk and HR 3,625,354.00 3,625,354.00 2,143,616.94 59.1% Legal 1,500,000.00 1,500,000.00 201,989.84 13.5% Community Development 812,062.00 812,062.00 168,927.81 20.8% Community Services 1,899,199.00 1,905,744.00 407,219.64 21.4% Animal Control 385,923.00 385,923.00 76,297.81 19.8% Community Enhancement 362,525.00 362,525.00 68,929.64 19.0% OES 15,000.00 15,000.00 - 0.0% Police 16,486,010.00 16,513,102.00 3,880,743.77 23.5% K-9 14,214.00 14,214.00 4,546.56 32.0% Police Support 2,928,561.00 2,928,561.00 535,752.44 18.3% Fire 6,820,202.00 6,820,202.00 (1,341,279.78) -19.7% Building and Safety 1,554,947.00 1,591,222.00 251,975.65 15.8% Public Works 3,606,165.00 3,606,165.00 578,637.00 16.0% Street Maintenance 2,720,618.00 2,777,751.00 413,716.64 14.9% Building Maintenance 1,118,910.00 1,162,987.00 256,598.21 22.1% Parks and Grounds 5,459,105.00 5,655,872.00 897,137.66 15.9% TOTAL EXPENDITURES 63,074,009.00 65,290,927.00 15,639,453.73 24.0% General Fund Expenditures
overall estimated surplus of $7.8M. Estimated results are extremely preliminary as trendlines have not been well established for the year.
Wastewater Fund Summary
Revenues
Wastewater revenues are collected in arrears. The July billing is accrued back to the prior Fiscal Year and the first billing for FY 2024 was collected in September. Billing is completed bi-monthly. As of September 30, 2023, the Wastewater Fund has collected
16.38% of its budgeted revenues.
EXPENSE TYPE
FY 2024 ORIGINAL
BUDGET
FY 2024
CURRENT
BUDGET FY 2024 ACTUAL
ESTIMATED
ACTUALS %
Personnel
Salaries and Wages 20,877,413.00 20,877,413.00 4,115,769.40 18,109,385.00 20% Benefits 8,927,668.00 8,927,668.00 2,632,464.88 8,646,844.00 29% Other 541,573.00 541,573.00 91,896.20 541,573.00 17% TOTAL PERSONNEL 30,346,654.00 30,346,654.00 6,840,130.48 27,297,802.00 23% Operating
Utilities 2,057,770.00 2,057,770.00 427,399.26 2,051,516.00 21% Administration 1,212,541.00 1,212,541.00 255,319.34 1,123,405.00 21% Fleet Costs 793,125.00 793,125.00 119,133.10 857,758.00 15% Program Costs 1,944,870.00 2,444,870.00 349,650.54 2,098,602.00 14% Repairs & Maintenance 1,272,433.00 1,286,747.00 503,574.27 1,164,867.00 39% Supplies 1,564,176.00 1,628,534.00 169,570.44 1,428,281.00 10% Special Services 533,000.00 542,471.00 10,341.14 424,093.00 2% Contractual Services 11,174,441.00 12,580,389.00 (831,692.60) 9,755,877.00 -7% Other 2,847,678.00 2,847,678.00 2,005,466.27 2,737,655.08 70% TOTAL OPERATING 23,400,034.00 25,394,125.00 3,008,761.76 21,642,054.07 12% Capital
Equipment 1,176,142.00 1,176,142.00 107,746.47 1,176,142.00 9% Vehicle 1,974,043.00 2,196,870.00 107,671.11 2,196,870.00 5% Structure 465,057.00 465,057.00 - 465,057.00 0% TOTAL CAPITAL 3,615,242.00 3,838,069.00 215,417.58 3,838,069.00 6% Contngency
CONTINGENCY 150,000.00 150,000.00 13,064.91 150,000.00 9% Transfers
TRANSFERS 5,562,079.00 5,562,079.00 5,562,079.00 5,562,079.00 100% Total Expenditures 63,074,009.00 65,290,927.00 15,639,453.73 58,490,004.07 24%
Expenses
Wastewater expenses as of September 30, 2023, total $1,595,415.26 which is 12% of the FY 2024 budget. Personnel costs make up 34.6% of the actuals to date, operating costs make up 44%, capital costs make up 1.41%, Contingency makes up less than
2.4% of the budget, and Transfers Out for projects make up the remaining 17.58%.
Currently, all categories are within budget. Overall, estimated actuals have revenues coming in $7K above budget and expenses coming in $689K below budget for an overall estimated surplus of $696K.
FY 2024
ORIGINAL
BUDGET
FY 2024
CURRENT
BUDGET
ACTUAL
FY2023/24
ESTIMATED
ACTUALS %
Permits - - - 0% Fines and Forfeitures - - - - 0% Cost Recovery 3,500.00 3,500.00 3,500.00 0% Miscellaneous 120,000.00 120,000.00 120,000.00 0% Proprietary Revenues 13,299,301.00 13,299,301.00 2,197,650.98 13,305,905.00 17% Other Financing Sources 540.00 540.00 0% Transfers - - - - 0% TOTAL REVENUES 13,422,801.00 13,422,801.00 2,198,190.98 13,429,945.00 16%
WASTEWATER REVENUES
Transit Fund Summary
Revenues
Most of the Transit Fund revenues consist of funding from the Riverside County Transportation Commission (RCTC). Revenue from RCTC is received on a monthly basis. Other revenues received include ridership fares, Measure A taxes, interest and EV charging station revenue recorded in Miscellaneous revenue, and othe r financing sources which consist of sale of property. As of September 30, 2023, the Transit Fund has collected 23.8% of its budgeted revenues. The miscellaneous line has collected revenues over budget due to an increase in interest earnings.
EXPENSE TYPE
FY 2024
ORIGINAL
BUDGET
FY 2024
CURRENT
BUDGET
FY 2024
ACTUAL
ESTIMATED
ACTUALS %
Personnel
Salaries and Wages 1,757,933.00 1,757,933.00 354,112.48 1,699,739.00 20% Benefits 692,866.00 692,866.00 192,274.67 572,948.00 28% Other 38,577.00 38,577.00 5,630.81 32,523.00 15% TOTAL PERSONNEL 2,489,376.00 2,489,376.00 552,017.96 2,305,210.00 22% Operating
Utilities 955,648.00 955,648.00 265,641.21 1,062,564.00 28% Administration 29,349.00 293,429.00 49,089.78 196,359.00 17% Fleet Costs 99,080.00 99,080.00 14,382.46 103,553.00 15% Repairs & Maintenance 127,468.00 127,468.00 21,948.92 105,354.00 17% Supplies 920,700.00 920,700.00 152,773.80 733,314.00 17% Contractual Services 1,741,853.00 1,850,935.00 184,174.38 1,623,457.00 10% Admin Overhead 650,000.00 650,000.00 - 650,000.00 0% Other 682,270.00 682,270.00 14,057.29 599,629.16 2% Capital TOTAL OPERATING 5,206,368.00 5,579,530.00 702,067.84 5,074,230.16 13% Equipment 87,400.00 101,300.00 22,510.38 101,300.00 22% TOTAL CAPITAL 87,400.00 101,300.00 22,510.38 101,300.00 22% ContIngency CONTINGENCY 200,000.00 200,000.00 38,379.08 200,000.00 19% Transfers TRANSFERS 5,356,153.00 5,356,153.00 280,440.00 5,356,153.00 5% Total Expenses 13,339,297.00 13,726,359.00 1,595,415.26 13,036,893.16 12%
Expenses
Transit expenses as of September 30, 2023, total $580,402.20 which is 16.98% of the FY 2024 budget. Personnel costs make up 83.82% of the actuals to date and operating costs make up 16.18%.
Currently, no categories are over budget.
FY 2024
ORIGINAL
BUDGET
FY 2024
CURRENT
BUDGET
ACTUAL
FY2023/24
ESTIMATED
ACTUALS %
Taxes 169,000.00 169,000.00 42,250.00 169,000.00 0% Intergovernmental 2,785,644.00 2,785,644.00 642,563.29 2,656,495.00 23% Miscellaneous 18,000.00 18,000.00 7,352.23 29,408.00 41% Proprietary Revenues 21,025.00 21,025.00 19,013.69 76,054.00 90% Other Financing Sources - - 3.75 - 0% Transfers - - - 0% TOTAL REVENUES 2,993,669.00 2,993,669.00 711,182.96 2,930,957.00 23.8%
TRANSIT REVENUES
EXPENSE TYPE
FY 2024
ORIGINAL
BUDGET
FY 2024
CURRENT
BUDGET FY 2024 ACTUAL
ESTIMATED
ACTUALS %
Personnel
Salaries and Wages 1,663,500.00 1,663,500.00 319,211.15 1,532,213.00 19% Benefits 572,166.00 572,166.00 162,232.34 465,119.00 28% Other 47,481.00 47,481.00 5,069.40 24,333.00 11% TOTAL PERSONNEL 2,283,147.00 2,283,147.00 486,512.89 2,021,665.00 21% Operating
Utilities 61,229.00 61,229.00 13,725.16 60,390.00 22% Administration 56,305.00 56,305.00 5,843.48 28,048.00 10% Fleet Costs 400,800.00 400,800.00 60,027.37 378,172.00 15% Repairs & Maintenance 23,362.00 23,362.00 5,155.60 20,622.00 22% Supplies 9,500.00 9,500.00 (294.11) 9,500.00 -3% Contractual Services 46,100.00 46,100.00 7,882.50 37,836.00 17% Other 107,020.00 107,020.00 1,549.31 107,020.00 1% TOTAL OPERATING 704,316.00 704,316.00 93,889.31 641,588.01 13% Capital
Structure 6,206.00 6,206.00 6,206.00 0% TOTAL CAPITAL 6,206.00 6,206.00 - 6,206.00 0% Transfers TRANSFERS
Total Expenses 2,993,669.00 2,993,669.00 580,402.20 2,669,459.01 19% Transit Expenses
The Finance and Audit Committee reviewed this report at the October 23, 2023, meeting.
Fiscal Impact:
The estimated cost to prepare this report is $597.
Recommended Action:
Receive and file report.
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
DATE November 7, 2023
SUBJECT: Fiscal Year 2023-2024 1st Quarter Budget Amendments
Description Review the FY2023-24 recommended 1st quarter budget amendments.
Background and Analysis:
As per the City of Beaumont Financial Policies adopted May 16, 2023, the Finance Department will maintain a system of tools for departments to manage their budgets and for financial monitoring and control of the City’s budget during the fiscal year. This system will provide the departments and City Council with information on revenue, expenditure and budget performance at both the department and fund level. The system will include provisions for amending the budget during the year in order to comply with this policy and State of California budgetary statutes.
The Finance Department tracks budget amendment requests from departments for various reasons including a new determined need or items missed in the budget process. These items are then reviewed on a quarterly basis to determine eligible funding resources for the requests. The table below provides for the requested budget amendments which have been determined to have adequate funding available.
Fund Adjustment Amount Reason
General Fund – IT $29,500 2nd year of ESRI Software
contract software missed
during budget process
General Fund – IT $93,000 Sun Ridge RIMS Software
Council approved Sept 19th
General Fund – Econ Dev $25,242 Downtown Business item
missed in rollover process
General Fund – PD $82,616 Vehicle outfitting Council
approved Oct 17th
General Fund – Admin $65,000 Additional funds needed to cover Fed & State lobbying
contracts
AQMD $45,000 Community Dev Vehicle
AQMD $45,000 CM New Vehicle
Other Special Revenues $10,000 CalRecycle Grant
Other Special Revenues $62,131 SB1383 Grant
Internal Service Fund $40,000 CRC Van Approved at
budget missed in process
Internal Service Fund $150,764 Funding for PD vehicles
Council approved Oct 17th
SLESA $100,824 Sun Ridge RIMS Software
Council approved Sept
19th
CFD Administration $52,475 Arbitrage Compliance
Contract
Fiscal Impact:
The fiscal impact to the general fund is reducing the fund balance contingency by $295,358. The AQMD fund balance will be reduced by $90,000. The Other Special Revenues fund balance will be reduced by $72,131. The Internal Service Vehicle fund balance will be reduced by $190,764. The SLESA fund balance will be reduced by $100,824 and the CFD Administration fund balance will be reduced by $52,475. The estimated cost to prepare this staff report is $275.
Recommended Action:
Approve the recommended budget amendments.
Attachments:
A. Budget Adjustment Form
DATE:11/7/2023
DEPARTMENT NAME:Finance
PREPARED BY:Jennifer Ustation
APPROVED BY
*Account Number for Example only
Revenue = (Credit)
Expense = Debit
Revenue = (Credit)
Expense = Debit Debit (Credit)
ACCOUNT NUMBER ACCOUNT DESCRIPTION CURRENT BUDGET ADJUSTMENT NEW BUDGET AMT Explanations / Justification 100-1230-7071-0000 Software 340,870.00 29,500.00 370,370.00 2nd Year of ESRI Software contract missed during budget process 100-1230-7071-6040 Radio Communications 637,000.00 93,000.00 730,000.00 Sun Ridge RIMS Software Council approved Sept 19th 100-1235-7096-0000 Program Costs 1,050,000.00 25,242.00 1,075,242.00 Downtown Business item missed in rollover process 100-2050-8060-0000 Vehicles 471,782.00 82,616.00 554,398.00 Vehicle outfitting Council approved Oct 17th 100-1200-7068-0000 Contractual Services 1,469,715.00 65,000.00 1,534,715.00 Additional funds to cover State and Fed Lobbyist Contracts 100-0000-7900-0000 Fund Balance Contingency 3,675,794.00 (295,358.00) 3,380,436.00 Reduce remaining unprogrammed budgeted revenues 205-0000-8060-0000 Vehicles - 45,000.00 45,000.00 Community Development Vehicle 205-0000-8060-0000 Vehicles - 45,000.00 45,000.00 CM New Vehicle 240-2370-7080-0000 Cal-Recycle Costs - 10,000.00 10,000.00 CalRecycle Grant 240-2371-7096-0000 SB1383 Grant 12,000.00 62,131.00 74,131.00 SB1383 Grant 600-5050-8060-0000 Vehicle Replacement Expense 1,305,679.00 40,000.00 1,345,679.00 CRC Van approved at budget missed in process 600-5050-8060-0000 Vehicle Replacement Expense 1,305,679.00 150,764.00 1,456,443.00 Funding for PD vehicles Council approved Oct 17th 220-0000-7068-0000 Contractual Services - 100,824.00 100,824.00 Sun Ridge RIMS Software Council approved Sept 19th 250-0000-7068-0000 Contractual Services 180,001.00 52,475.00 232,476.00 Arbitrage Compliance Services -
TOTALS 506,194.00$
Net Effect
City of Beaumont
Budget Adjustment Form
FY 2023/2024
https://beaumontca.sharepoint.com/sites/financegroup2/Shared Documents/Budgets/FY2023-2024/Budget Adjustments 2023-24/Budget adjustment form - 1st Quarter Budget Amendment: Budget Adjustment Form (2)
Staff Report
TO: City Council
FROM: Elizabeth Gibbs, City Manager
DATE November 7, 2023
SUBJECT: FY2023-2024 1st Quarter Strategic Plan Update
Description Update on the progress of the adopted strategic plan.
Background and Analysis:
On January 28, 2023, City Council held an interactive strategic plan/goal setting workshop. The strategic planning process is an organizational management activity aimed at setting priorities, goals, and objectives for an organization. Once those priorities are identified, it enables those responsible for carrying out those goals to focus energy and resources, strengthen operations, ensure that employees and other stakeholders are working toward common goals, establish agreement around intended outcomes/results, and assess and adjust the organizations’ direction in response to a changing environment.
As part of the process, staff developed a community outreach survey that was circulated to the community through various avenues, including the City’s website, email blasts, social media posts, and several in person pop-up events at local businesses throughout the City. Almost 1,000 responses were received from the community and the results were included in the workshop discussion.
During the strategic planning process City Council determined that the following targets would serve as the key pillars in which to categorize key specific goals and action plans:
1. Communications/Relationships
2. Infrastructure/Projects/Traffic
3. Economic Development/Downtown
4. Finances/Resources
5. Quality of Life/Well-Being
Within each of those targets several goals were set and prioritized by City Council. In total, fifty goals were established, thirty of which were deemed priority by City Council.
To further prioritize those thirty goals, Council then chose ten goals for each priority level – Level 1, Level 2, and Level 3, with Level 1 being the highest priority goals.
Since that time, staff has engaged the use of web-based software to ultimately provide the public with an ongoing and real time status of the progress made in each of the target areas. The software is anticipated to go live by the end of the calendar year.
Attached is a summary of the goals established by City Council and the progress to date of each goal (Attachment A).
Fiscal Impact:
Staff estimates the cost to prepare this staff report is approximately $567.
Recommended Action:
Receive and file.
Attachments:
A. Strategic Plan Update – FY2023-2024 1st Quarter
City of Beaumont
Strategic Plan 2023
11/7/2023 Strategic Plan 2023 - UPDATE
ACTION PLANS
City of Beaumont
Strategic Plan 2023
11/7/2023 Strategic Plan 2023 - UPDATE
TWO‐PAGE SUMMARY OF TARGETS AND GOALS BY PRIORITY LEVEL
TARGETS
#1 – CommunicaƟons/RelaƟonships
#2 – Infrastructure/Projects/Traffic
#3 – Economic Development/Downtown
#4 – Finances/Resources
#5 – Quality of Life/Well-Being
GOALS BY PRIORITY LEVEL
Priority Level 1 Goals (10)
Strengthen relaƟonships with other community leaders (Target #1, Goal #1) Develop an entry monument and 6th Street improvements (Target #2, Goal #1) Develop 2nd Street extension (Target #2, Goal #2)
Develop Potrero interchange (Target #2, Goal #3)
Develop Pennsylvania grade separaƟon (Target #2, Goal #4) Redesign of 6th Street Downtown (Target #2, Goal #5)
Obtain a lobbyist to obtain Federal and State funding resources (Target #4, Goal #1) Create a new posiƟon to serve as the City’s centralized grants coordinator (Target #4, Goal, #2)
Create design guidelines (Target #5, Goal #1)
Develop Danny Thomas Ranch (Target #5, Goal #2)
Priority Level 2 Goals (10)
ConƟnue pop-ups/community visits and educaƟon (Target #1, Goal #2) Expand the Police StaƟon (Target #2, Goal #6)
Develop Pennsylvania ramps (Target #2, Goal #7)
Develop plan to deploy recycled water (Target #2, Goal #8) Develop a markeƟng plan (Target #3, Goal #1)
Develop a strategy for revenue development (Target #4, Goal #3) Conduct a traffic impact fee study (Target #4, Goal #4) Create a Park Master Plan including the transiƟon to drought tolerant landscaping (Target #5, Goal #3)
Complete improvements to exisƟng parks including ADA access, parking, lighƟng, etc. (Target #5, Goal #4)
Increase community events, arts and culture (Target #5, Goal #5)
City of Beaumont
Strategic Plan 2023
11/7/2023 Strategic Plan 2023 - UPDATE
Priority Level 3 Goals (10)
Develop funding sources for community events (Target #1, Goal #3) Increase public communicaƟon and educaƟon; develop a strategy (Target #1, Goal #4) Develop staff peer to peer relaƟonships – internal and external (Target #1, Goal #5) Develop Pennsylvania widening (Target #2, Goal #9)
Develop a pedestrian style downtown with shopping, restaurants, and parking (Target #3, Goal #2)
Develop a plan for City investment in land acquisiƟon (Target #3, Goal #3) Recruit and aƩract businesses, including an anchor tenant, downtown hotel, and medical providers (Target #3, Goal #4)
Update the City’s Economic Development Plan (Target #3, Goal #5) Revisit the City’s Municipal Codes and Zoning (Target #3, Goal #6) Complete Stewart Park and Sports Park improvements (Target #5, Goal #6)
City of Beaumont
Strategic Plan 2023
11/7/2023 Strategic Plan 2023 - UPDATE
ACTION PLANS
ACTIONS/SCHEDULE FOR PRIORITY “LEVEL 1” GOALS
Target #1: CommunicaƟons/RelaƟonships
Goal #1: Strengthen relaƟonships with other community leaders.
AcƟons: Responsible: Time Frame:
AƩend monthly Mayors’ breakfast with
Mayor
CM Completed
AƩend respecƟve WRCOG commiƩee
meeƟngs
CM, PW, Finance,
Solid Waste
Completed
AƩend and support student of the month
breakfast monthly
ASD Completed
Meet monthly with BUSD Superintendent CM Completed
AƩend a minimum of three Chamber events All Completed
Meet monthly with BCVRPD CM/CSD Completed
Meet quarterly with BCVWD and Pass Water
Agency
CM Completed
Create a networking group and invite city
managers from Hemet, San Jacinto, Moreno
Valley, Banning, Calimesa, and Yucaipa to
meet quarterly
CM Completed
AƩend a minimum of three CalCiƟes
Riverside County division events
CM Ongoing – Final event
for 2023 scheduled for
December
Meet quarterly with BUSD Superintendent
and BUSD PIO
CM/Chief Ongoing – BUSD PIO
posiƟon vacant
City of Beaumont
Strategic Plan 2023
11/7/2023 Strategic Plan 2023 - UPDATE
ACTIONS/SCHEDULE FOR PRIORITY “LEVEL 1” GOALS
Target #2: Infrastructure/Projects/Traffic
Goal #1: Develop an entry monument and 6th Street improvements.
AcƟons: Responsible: Time Frame:
Release RFP for ConstrucƟon Docs/Design
Docs
CM/PW Completed
Award contract to architect for ConstrucƟon
Docs/Design Docs
CM/PW Completed
Present proposed design to City Council for
approval
CM/PW Completed
Submit plans and designs for review by staff Landscape architect Completed Publish RFP for construcƟon CM/PW December 2023
Award construcƟon contract CM/PW March 2024
Begin construcƟon CM/PW April 2024
Complete construcƟon CM/PW September 2024
Target #2: Infrastructure/Projects/Traffic
Goal #2: Develop 2nd Street extension.
AcƟons: Responsible: Time Frame:
Design concurrent with CEQA process PW/Planning Completed ConstrucƟon PW Pending compleƟon of
NEPA process
ConstrucƟon completed PW March 2025
IdenƟfy funding sources for final 25% of
project uƟlizing State and Federal funding
grants (Project is 75% funded)
PW/DCM Ongoing – expect
addiƟonal $1M from
Congressman Ruiz
City of Beaumont
Strategic Plan 2023
11/7/2023 Strategic Plan 2023 - UPDATE
ACTIONS/SCHEDULE FOR PRIORITY “LEVEL 1” GOALS
Target #2: Infrastructure/Projects/Traffic
Goal #3: Develop Potrero interchange.
AcƟons: Responsible: Time Frame:
Design PW February 2025
ConstrucƟon PW September 2025
ConstrucƟon completed PW November 2027
IdenƟfy funding sources through State and
Federal grants
PW/DCM Ongoing (RCTC has
determined an approx.
$13.5M shorƞall in
funding)
Target #2: Infrastructure/Projects/Traffic
Goal #4: Develop Pennsylvania grade separaƟon.
AcƟons: Responsible: Time Frame:
Design with concurrent CEQA/NEPA process PW Dept December 2024 (conƟngent upon UPRR)
ConstrucƟon (pending funding) PW December 2026
Grant applicaƟons for funding PW/Finance Ongoing
Meet with legislators to request funding CM/DCM/PW Pending compleƟon of construcƟon documents
City of Beaumont
Strategic Plan 2023
11/7/2023 Strategic Plan 2023 - UPDATE
ACTIONS/SCHEDULE FOR PRIORITY “LEVEL 1” GOALS
Target #2: Infrastructure/Projects/Traffic
Goal #5: Redesign of 6th Street Downtown.
AcƟons: Responsible: Time Frame:
Downtown RevitalizaƟon Plan analysis Com Dev/PW March 2024 Engineering/CEQA PW Dept March 2025
ConstrucƟon PW Dept September 2026
IdenƟfy funding sources PW/DCM/Finance Ongoing
Target #4: Finances/Resources
Goal #1: Obtain a lobbyist to obtain Federal and State funding resources.
AcƟons: Responsible: Time Frame:
RFP & Award of Federal lobbyist DCM Completed
Create and publish RFP for State lobbyist
firm
DCM Completed
Award contract DCM Completed
Begin contract DCM Completed
Target #4: Finances/Resources
Goal #2: Create a new posiƟon to serve as the City’s centralized grants coordinator.
AcƟons: Responsible: Time Frame:
Develop job descripƟon/pay scale HR/Finance Completed
Post job opening HR Completed
RecruiƟng process, background process,
condiƟonal offer of employment
HR Completed
Develop & train new hire (onboarding) Finance March 2024
City of Beaumont
Strategic Plan 2023
11/7/2023 Strategic Plan 2023 - UPDATE
ACTIONS/SCHEDULE FOR PRIORITY “LEVEL 1” GOALS
Target #5: Quality of Life/Well‐Being
Goal #1: Create design guidelines.
AcƟons: Responsible: Time Frame:
Issue RFP for Zoning Code update to include
Design Guidelines
DCM/Planning Completed
Award contract DCM/Planning November 2023
First draŌ of Zoning Code Update & Design
Guidelines to City Council
DCM/Planning October 2024
Public Hearing on adopƟon of Ordinance DCM/Planning May 2025
Target #5: Quality of Life/Well‐Being
Goal #2: Develop Danny Thomas Ranch.
AcƟons: Responsible: Time Frame:
Budget $2500 for staff and electeds to
aƩend fundraising acƟviƟes and events that
directly benefit DTR
CSD Completed
Budget $2500 in sponsorships for
fundraising acƟviƟes and events that
directly benefit DTR
CSD Completed
Provide a leƩer of support when
appropriate to the Parks District for a future
LAFCO applicaƟon
CSD
TBD
Provide leƩers of support to the Parks
District for any grant applicaƟons that
provide funding for the development of DTR
CSD
Ongoing
City of Beaumont
Strategic Plan 2023
11/7/2023 Strategic Plan 2023 - UPDATE
ACTIONS/SCHEDULE FOR PRIORITY “LEVEL 2” GOALS
Target #2: Infrastructure/Projects/Traffic
Goal #6: Expand the Police StaƟon
AcƟons: Responsible: Time Frame:
Complete tenant improvements to Building
C and occupy the building
Chief/CS Completed (PD staff
relocated to Bldg B)
Increase bathroom capacity for staff at
current staƟon
Chief/PW Completed
Expand current parking/perimeter for police Chief/CS December 2023 Complete land acquisiƟon for new police
staƟon
CM January 2024 (Phase I
environmental underway
on potenƟal parcel)
Design and build a new police headquarters
using a public private partnership model
CM/Chief December 2026
Target #2: Infrastructure/Projects/Traffic
Goal #7: Develop Pennsylvania ramps.
AcƟons: Responsible: Time Frame:
Design - concurrent with CEQA process PW No longer programmed due to CalTrans
requirement to develop
and build Penn Ave Grade
SeparaƟon before this
project
ConstrucƟon PW December 2026
ConstrucƟon completed PW September 2027
IdenƟfy funding sources from State and
Federal grants
DCM
Ongoing
City of Beaumont
Strategic Plan 2023
11/7/2023 Strategic Plan 2023 - UPDATE
ACTIONS/SCHEDULE FOR PRIORITY “LEVEL 2” GOALS
Target #2: Infrastructure/Projects/Traffic
Goal #8: Develop plan to deploy recycled water.
AcƟons: Responsible: Time Frame:
Recycled Water Facilitator Technical
Memorandum PresenƟng Recommended
Conceptual Plan and Associated OpƟons for
Recycled Water ImplementaƟon
GM of UƟliƟes Completed
Issue RFP for 1211 Change PeƟƟon and
AdapƟve Management Plan (environmental
study)
GM of UƟliƟes Completed
Award Contract for 1211 Change PeƟƟon
and AdapƟve Management Plan
(environmental study)
GM of UƟliƟes
Completed
AnƟcipated compleƟon of 1211 Change
PeƟƟon Process and AMP
GM of UƟliƟes May 2026
Forecasted Payback of Salt MiƟgaƟon
Deficit as required in NPDES Permit
GM of UƟliƟes November 2028
Submit request to SARWQCB to absolve City
of any remaining debt, to put Recycled
Water to Beneficial Use
GM of UƟliƟes May 2026 – November
2028
City of Beaumont
Strategic Plan 2023
11/7/2023 Strategic Plan 2023 - UPDATE
ACTIONS/SCHEDULE FOR PRIORITY “LEVEL 2” GOALS
Target #3: Economic Development/Downtown
Goal #1: Develop a markeƟng plan.
AcƟons: Responsible: Time Frame:
Develop and publish RFP for consulƟng
services
DCM/Econ Dev November 2023
Award Contract DCM/Econ Dev January 2024
Present draŌ markeƟng plan to Economic
Development CommiƩee for review and
recommendaƟons to City Council
DCM/Econ Dev June 2024
Present recommended markeƟng plan to
City Council for adopƟon
DCM/Econ Dev October 2024
Target #4: Finances/Resources
Goal #3: Develop a strategy for revenue development.
AcƟons: Responsible: Time Frame:
Retain consultant to provide funding tools
advisory services
DCM Completed
Review findings and recommendaƟons DCM Completed
Present opƟons to City Council DCM June 2023
Create and define revenue goals Finance/CM July 2023
Present findings to City Council for review
and approval
Finance/CM September 2023
Evaluate exisƟng revenue sources Finance September 2023 IdenƟfy ways to diversify revenue streams
and present to the Financial and Audit
CommiƩee (FAC)
Finance October 2023
Present FAC recommendaƟons to City
Council
Finance November 2023
City of Beaumont
Strategic Plan 2023
11/7/2023 Strategic Plan 2023 - UPDATE
ACTIONS/SCHEDULE FOR PRIORITY “LEVEL 2” GOALS
Target #4: Finances/Revenue
Goal #4: Conduct a traffic impact fee study.
AcƟons: Responsible: Time Frame:
Research and develop RFP Finance/PW December 2023
Publish RFP Finance/PW March 2024
Contract Award Finance/PW June 2024
Complete study and present to City Council Finance/PW November 2024 Implement recommendaƟons PW December 2025
Target #5: Quality of Life/Well‐Being
Goal #3: Create a Park Master Plan including the transiƟon to drought tolerant landscaping.
AcƟons: Responsible: Time Frame:
Hire consultant to provide a Parks Master
Plan
CSD Completed
Review ExisƟng DocumentaƟon, ExisƟng
CondiƟons and Observe Programs, Develop
Demographics and Trends
CSD/Consultant Completed
Develop Community Outreach/EducaƟon
Strategy
CSD/Consultant
Completed
Conduct Public Outreach, Surveys, and
Public Workshops
CSD/Consultant
February 2024
Create Mission, Vision, Values, Goals, and
ObjecƟves
CSD/Consultant
May 2024
Conduct Needs Analysis, Equity Mapping,
and GAP Analysis
CSD/Consultant
May 2024
City of Beaumont
Strategic Plan 2023
11/7/2023 Strategic Plan 2023 - UPDATE
Create Mission, Vision, Values, Goals, and
ObjecƟves
CSD/Consultant
June 2024
Prepare CIP Project List and Budget
EsƟmates
CSD/Consultant
July 2024
Prepare DRAFT Master Plan for Council
PresentaƟon
CSD/Consultant
August 2024
Finalize Master Parks Master Plan CSD/Consultant November 2024
Present and have City Council Accept Final
Master Plan
CSD/Consultant
December 2024
Target #5: Quality of Life/Well‐Being
Goal #4: Complete improvements to exisƟng parks including ADA access, parking, lighƟng, etc.
AcƟons: Responsible: Time Frame:
Conduct survey of all parks faciliƟes to
create a priority list of ADA Path of Travel
improvements, parking lot improvements
CS December 2023
Conduct inventory of all tables, benches,
water fountains, and park assets to provide
a priority list of replacements to increase
mobility and access to park ameniƟes
CS December 2023
PrioriƟze inventory and create a plan of
replacement
CS March 2024
City of Beaumont
Strategic Plan 2023
11/7/2023 Strategic Plan 2023 - UPDATE
ACTIONS/SCHEDULE FOR PRIORITY “LEVEL 2” GOALS
Target #5: Quality of Life/Well‐Being
Goal #5: Increase community events, arts and culture.
AcƟons: Responsible: Time Frame:
Provide efficient and effecƟve permit
processing for community events
DCM Completed
Increase visitor capacity at the CRC by 25%
by expanding Halloween events outside and
incorporaƟng addiƟonal acƟviƟes
CS Completed
Ensure access to art and cultural
experiences is available to the enƟre
community
CS Ongoing
Host at least four cultural events
throughout the year that highlight/focus on
local arƟsts
CS June 2024
Facilitate acƟve coordinaƟon with
businesses, residents, and community
partners for special events
CS Ongoing
Increase parƟcipaƟon in downtown events
through partnership with local businesses
CS/DCM June 2024
Increase localized community park events by
25% through themed based acƟviƟes
CS June 2024
Create new winter event in downtown –
Blizzard Bash
CS January 2024 (event
scheduled for December
9th)
Present a plan to City Council for
consideraƟon to implement a market night
and/or farmers market
CS March 2024
Create an Art in Public Places Policy CM June 2024
City of Beaumont
Strategic Plan 2023
11/7/2023 Strategic Plan 2023 - UPDATE
ACTIONS/SCHEDULE FOR PRIORITY “LEVEL 3” GOALS
Target #1: CommunicaƟons/RelaƟonships
Goal #2: Develop funding sources for community events.
AcƟons: Responsible: Time Frame:
Research mechanisms to form a non-profit
foundaƟon to directly accept donaƟons
from sponsors
Finance Completed
Define and categorize community events CS March 2024
Create potenƟal sponsorship list CS April 2024
Propose findings to City Council for review Finance January 2024 AcƟvely seek sponsorships All Ongoing
Research and apply for grant funding All Ongoing
Target #1: CommunicaƟons/RelaƟonships
Goal #3: Increase public communicaƟon and educaƟon; develop a strategy.
AcƟons: Responsible: Time Frame:
Host three community engagement events
focusing on government relaƟons,
educaƟon, and informaƟon
CS/PIO Completed (Four pop ups
held in Summer 2023)
Review the City’s website monthly to
confirm that all informaƟon is current and
accurate
All June 2024
Implement new and enhanced public
outreach strategy by building upon a review
of the current communicaƟons plan
PIO December 2023
Increase established audience by prinƟng
the quarterly publicaƟon of the online City
magazine
PIO June 2024
AcƟvely pursue resident input into all major
planning projects
All Ongoing
City of Beaumont
Strategic Plan 2023
11/7/2023 Strategic Plan 2023 - UPDATE
Evaluate use of electronic kiosks at City-
owned faciliƟes to increase public
communicaƟon and educaƟon
CS/PIO December 2023
Foster posiƟve relaƟonships with the media PIO Ongoing
IdenƟfy addiƟonal opportuniƟes to
promote and educate the community
CM/PIO December 2023
Present findings and recommendaƟons to
City Council
PIO January 2024
Target #1: CommunicaƟons/RelaƟonships
Goal #4: Develop staff peer to peer relaƟonships – internal and external.
AcƟons: Responsible: Time Frame:
Hold monthly brown bag lunch with City
Manager to promote familiarity with
employees from all departments
CM Completed
Hold quarterly meeƟngs with labor groups CM/ASD Completed Hold seats on various State and local boards
and commiƩees represenƟng Beaumont
(CalCiƟes, CALBO, etc.)
All Completed
Each execuƟve team members will meet
quarterly with their counterparts from
Calimesa and Banning
All Completed
Promote collaboraƟon by forming more
cross-departmental teams to help solve
problems, manage large projects, and get
people working together
All Completed
Host city-wide employee recogniƟon and
awards ceremony
ASD June 2024
City of Beaumont
Strategic Plan 2023
11/7/2023 Strategic Plan 2023 - UPDATE
ACTIONS/SCHEDULE FOR PRIORITY “LEVEL 3” GOALS
Target #2: Infrastructure/Projects/Traffic
Goal #9: Develop Pennsylvania widening.
AcƟons: Responsible: Time Frame:
Design concurrent with CEQA process PW Completed
IdenƟfy funding sources through State and
Federal grants
PW/DCM Completed
ConstrucƟon PW December 2023
Target #3: Economic Development/Downtown
Goal #2: Develop a pedestrian style downtown with shopping, restaurants, and parking.
AcƟons: Responsible: Time Frame:
Evaluate traffic calming techniques along
Beaumont Ave and 6th Street corridors
DCM/Econ Dev/
Consultant
January 2024
Design – concurrent with Downtown
RevitalizaƟon Plan
Com Dev/PW March 2024
Engineering/CEQA (pending funding) PW December 2025
ConstrucƟon (pending funding) PW Dept December 2026
IdenƟfy funding sources through State and
Federal grants
DCM/PW Ongoing
ConƟnue to work with downtown property
owners to facilitate construcƟon of
approved projects
DCM/Planning Ongoing
City of Beaumont
Strategic Plan 2023
11/7/2023 Strategic Plan 2023 - UPDATE
ACTIONS/SCHEDULE FOR PRIORITY “LEVEL 3” GOALS
Target #3: Economic Development/Downtown
Goal #3: Develop a plan for City investment in land acquisiƟon.
AcƟons: Responsible: Time Frame:
Use forecasƟng soŌware to plan and
determine long term fiscal forecasƟng
Finance Completed (using
GovInvest)
Obtain a list of vacant land DCM December 2023
EsƟmate purchase costs DCM Ongoing based on market
IdenƟfy needs for vacant land use CM March 2024
Define goals and prioriƟes CM June 2024
Target #3: Economic Development/Downtown
Goal #4: Recruit and aƩract businesses, including an anchor tenant, downtown hotel, and medical providers.
AcƟons: Responsible: Time Frame:
Send a delegaƟon of staff and electeds to
the annual InternaƟonal Council of
Shopping Centers (ICSC) to market
Beaumont and aƩract businesses that
generate sales tax
Econ Dev Completed
Award a minimum of four business
incenƟve programs – one from each of the
program areas
DCM Completed
Update City Council on the progress of the
downtown revitalizaƟon plan
Econ Dev Ongoing
Update the Economic Development
CommiƩee on economic development
projects underway and project in planning,
including renderings and/or digital
presentaƟons that can then be posted on
the City’s website
Econ Dev Ongoing
Hand out a minimum of ten Downtown
Business AƩracƟon & Expansion program
cards to retail businesses in other ciƟes
All June 2024
City of Beaumont
Strategic Plan 2023
11/7/2023 Strategic Plan 2023 - UPDATE
Plan a minimum of three community clean-
up/trash pick-up days in the downtown area
CS December 2023
ACTIONS/SCHEDULE FOR PRIORITY “LEVEL 3” GOALS
Target #3: Economic Development/Downtown
Goal #5: Update the City’s Economic Development Plan.
AcƟons: Responsible: Time Frame:
Retain a consultant to assist with updaƟng
the Economic Development Plan adopted in
July 2019 and to address naƟonal retail
aƩracƟon, shopper retenƟon, and sales tax
generaƟon
DCM/Econ Dev February 2024
Review and update the Economic
Development Plan
DCM/Econ Dev June 2024
Present the proposed update to the
Economic Development CommiƩee
DCM/Econ Dev October 2024
Present the recommended update to City
Council
DCM/Econ Dev February 2025
Target #3: Economic Development/Downtown
Goal #6: Revisit the City’s Municipal Codes and Zoning.
AcƟons: Responsible: Time Frame:
6a. Municipal Codes (non-zoning) CM/DCM December 2025
6b. Zoning Code Ɵed to Target 5, Goal 1
Design Guidelines
DCM/Planning Contract Award
November 2023
Community Workshops DCM/Planning May 2024
PresentaƟon to Planning Commission DCM/Planning October 2024 PresentaƟon to City Council DCM/Planning April 2025
City of Beaumont
Strategic Plan 2023
11/7/2023 Strategic Plan 2023 - UPDATE
ACTIONS/SCHEDULE FOR PRIORITY “LEVEL 3” GOALS
Target #5: Quality of Life/Well‐Being
Goal #7: Complete Stewart Park and Sports Park improvements.
AcƟons: Responsible: Time Frame:
Stewart Park
Engineering/CEQA CS/PW March 2024
ConstrucƟon PW/CS May 2024 - September
2025
Sports Park
Release RFP for ConstrucƟon Docs/Design
Docs
CS Completed
Award contract to architect for ConstrucƟon
Docs/Design Docs
CS Completed
Submit Plans and Designs for Review Consultant December 2023 Create RFP for ConstrucƟon Consultant December 2023
Award ConstrucƟon Contract CS March 2024
Begin ConstrucƟon CS/Consultant April 2024
ConstrucƟon completed CS December 2024
City of Beaumont
Strategic Plan 2023
11/7/2023 Strategic Plan 2023 - UPDATE
Staff Report
TO: City Council
FROM: Kari Mendoza, Administrative Services Director
DATE November 7, 2023
SUBJECT: Authorize an Employment Contract with City Engineer/Public Works Director
Description Staff is requesting Council review and authorize the City Manager to sign the employment agreement with Robert Vestal appointing him to the position of City Engineer/Public Works Director.
Background and Analysis:
Robert Vestal joined the City in October of 2019 as a Principal Engineer. He has been serving as Interim Public Works Director since August 2023. Robert has over 20 years of hands-on engineering experience working with land development and municipal projects. He has held various positions including Drafter, Designer, Project Engineer and Survey Technician. Robert holds an Associate’s Degree in Math and Science from Mt. San Jacinto College, and a Bachelor’s Degree in Civil Engineering/Geospa tial from California State Polytechnic University, Pomona. The City Manager negotiated the terms of the employment contract, and the City Attorney has reviewed and approved the language in the contract.
Fiscal Impact:
The contract provides for an annual fully loaded fiscal impact of $241,889. City staff estimates the cost to prepare this report was $475.
Recommended Action:
Approve the employment agreement for the City Engineer/Public Works Director and authorize the City Manager to sign the agreement.
Attachments:
A. Employment Agreement
B. Job Description
1 CITY ENGINEER/PUBLIC WORKS DIRECTOR EMPLOYMENT AGREEMENT
This CITY ENGINEER/PUBLIC WORKS DIRECTOR EMPLOYMENT
AGREEMENT (hereinafter referred to as the “AGREEMENT”) is entered into and made effective the 7th day of November 2023, by and between the CITY OF BEAUMONT, (hereinafter referred to as the “CITY”), and Robert Vestal, an individual (hereinafter referred to as “EMPLOYEE”).
For purposes of this AGREEMENT, CITY and EMPLOYEE may be collectively referred to as the “Parties” or individually as a “Party.”
RECITALS
CITY ENGINEER/PUBLIC WORKS DIRECTOR
WHEREAS , based on EMPLOYEE’s executive and administrative qualifications and ability, the CITY MANAGER desires to appoint EMPLOYEE to serve as the CITY ENGINEER/PUBLIC WORKS DIRECTOR for CITY; and
WHEREAS, EMPLOYEE desires to perform and assume responsibility for the provision of CITY ENGINEER/PUBLIC WORKS DIRECTOR services to CITY; and
WHEREAS, EMPLOYEE and CITY acknowledge and agree that this Agreement is not covered by and shall supersede the Memorandum of Understanding between City of Beaumont and Managers as Individuals Effective January 1, 2020 (“Managers Group MOU”); and
WHEREAS, the Parties wish to establish the terms and conditions of EMPLOYEE’s provision of professional services to CITY through this AGREEMENT.
NOW, THEREFORE, in consideration of the mutual covenants a n d p r o m i s e s contained herein, CITY and EMPLOYEE hereby agree as follows:
1. POSITION, DUTIES AND TERM.
1.1 Incorporation of Recitals. The above recitals are incorporated herein and made a part of this Agreement.
1.2 Position. EMPLOYEE accepts employment with CITY as its CITY ENGINEER/PUBLIC WORKS DIRECTOR and shall perform all functions, duties and services set forth in Section 1.5 (Duties) of this Agreement.
1.3 Effective Date of Agreement/Term. This Agreement is for an unspecified term and is subject to the “At-Will” provision in Section 1.4 and termination provision in Section 4.
1.4 Employment w ith CITY “At-Will ”.
(a) EMPLOYEE’s employment status with CITY shall be at-will and terminable with or without cause, at the CITY’S unilateral discretion. EMPLOYEE shall serve at
2 the pleasure of the City Manager. EMPLOYEE acknowledges, understands and agrees that EMPLOYEE may not avail himself/herself of any procedures, provisions or protections set forth under CITY’s Employment Policies, as defined herein, in so far as such procedures, provisions or protections limit, restrict, modify, prohibit or regulate EMPLOYEE’s status as an “at-will” employee of CITY or the ability of the City Manager to terminate EMPLOYEE’s employment at any time for cause or for convenience and without cause. For purposes of this Agreement, the capitalized term “Employment Policies” means and refers to any ordinance, resolution, regulation, rule, memorandum of understanding, or other written policy of CITY as the same may be amended, modified or supplemented from time-to-time, and any written employment manual of the CITY which governs, regulates or otherwise relates to employment with CITY. CITY ’s Employment Policies shall not apply to EMPLOYEE in so far as such Employment Policies limit, restrict, modify or regulate (or may be interpreted to limit, restrict, modify or regulate) EMPLOYEE’s status as an “at-will” employee of CITY. EMPLOYEE shall otherwise comply will all Employment Policies established by the CITY.
(b) Except as otherwise provided under Section 4 (Termination) of this Agreement, EMPLOYEE shall not be entitled to any pre-termination hearing or other similar proceeding or appeal proceeding as a precondition to any decision or action by the City Manager to terminate EMPLOYEE’s employment whether for cause or for convenience and without cause.
EMPLOYEE shall also not be entitled to any post-termination appeal proceedings.
(c) Nothing in this Agreement shall confer upon EMPLOYEE any right to any property interest in continued employment with CITY.
1.5 Duties. EMPLOYEE shall serve as the CITY ENGINEER/PUBLIC WORKS DIRECTOR and shall be vested with the powers, duties and responsibilities of the CITY ENGINEER/PUBLIC WORKS DIRECTOR as set forth in Exhibit “A” as well as the Beaumont Municipal Code, as the same may be amended or modified from time -to-time by the City Council, the California Code, and CITY’s policies and procedures approved by the City Council, as may be provided from time to time. EMPLOYEE’s performance o f EMPLOYEE's duties shall be subject to the direction of the City Manager. It is the intent of the Parties that the CITY ENGINEER/PUBLIC WORKS DIRECTOR keeps the City Manager fully informed of all significant operations or major undertakings of the Public Works Department (“Department”).
EMPLOYEE shall provide the City Manager with regular status reports on the operations and activities of EMPLOYEE’S Department. EMPLOYEE shall perform such duties as are customary and appropriate to the position of CITY ENGINEER/PUBLIC WORKS DIRECTOR as well as such special duties as may be assigned to CITY ENGINEER/PUBLIC WORKS DIRECTOR from time to time by the City Manager. Notwithstanding EMPLOYEE’s duties as CITY ENGINEER/PUBLIC WORKS DIRECTOR, nothing in this Agreement shall be construed to prohibit direct communications between the City Manager and employees within EMPLOYEE’S Department. EMPLOYEE shall attend all City Council meetings, unless excused or directed otherwise by the City Manager.
1.6 Work Hours. The position of CITY ENGINEER/PUBLIC WORKS DIRECTOR is an exempt position under state and federal wage and hour laws. EMPLOYEE’s compensation (whether salary or benefits or other allowances) is not based on hours worked. EMPLOYEE shall
3 not be entitled to any compensation for overtime, missed meal or rest periods, reporting time, or any other wage and hour benefits conferred upon non-exempt employees under state or federal wage and hour laws, including regulations propounded in applicable Industrial Welfare Orders.
EMPLOYEE is expected to engage in those hours of work that are necessary to fulfill the obligations of the CITY ENGINEER/PUBLIC WORKS DIRECTOR’s position. The CITY ENGINEER/PUBLIC WORKS DIRECTOR does not have set hours of work as the CITY ENGINEER/PUBLIC WORKS DIRECTOR is expected to be available at all reasonable and relevant times.
1.7 Regional and Professional Activities . CITY desires that EMPLOYEE be reasonably active in professional organizations that will promote the standing of CITY and advance CITY’s goals, interests and policy objectives while also providing EMPLOYEE with opportunities for the type of professional development that will enhance EMPLOYEE’S ability to serve CITY and perform EMPLOYEE’S duties as CITY ENGINEER/PUBLIC WORKS DIRECTOR. Toward this end, EMPLOYEE may, upon reasonable notice and approval by the CITY ENGINEER/PUBLIC WORKS DIRECTOR, join professional organizations and participate in the activities of such organizations in so far as such participation promotes the interests of CITY and does not unduly interfere with the performance of EMPLOYEE’s duties as CITY ENGINEER/PUBLIC WORKS DIRECTOR. CITY agrees to budget and, consistent with that budget, pay for the dues, conference and travel fees, and subscriptions of the CITY ENGINEER/PUBLIC WORKS DIRECTOR necessary for EMPLOYEE’S participation in national, statewide, regional or professional organizations.
1.8 Non-CITY Activities. In accordance with Government Code Section 1126, during the period of EMPLOYEE’S employment, EMPLOYEE shall not accept, without the express prior written consent of the City Manager, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity (except as permitted under Section 1.7 (Regional and Professional Activity), whether or not for pecuniary advantage, that is or may be competitive with CITY, that might cause a conflict of interest with CITY, or that otherwise might interfere with the business or operation of CITY or the satisfactory performance of EMPLOYEE’s duties as CITY ENGINEER/PUBLIC WORKS DIRECTOR.
1.9 Restriction on Outside Business Activities. During his employment, EMPLOYEE shall devote his full business time, energy, and ability exclusively to the business and interests of CITY, and shall not, without prior written consent of City Manager, render services to others of any kind for compensation, or engage in other business activity that would materially interfere with the performance of EMPLOYEE’S duties under this Agreement, except that:
(a) The expenditure of reasonable amounts of time, not in conflict with the CITY’S needs and interests, for educational, charitable, community, and professional enhancement activities, shall not be deemed a breach of this Section 1.9 and shall not require prior consent; and
(b) This Agreement shall not be interpreted to prohibit EMPLOYEE from making passive, personal investments or conducting private affairs in those activities that do not
4 materially interfere with the EMPLOYEE’S duties under this Agreement or create or result in conflicts of interests with CITY.
2. COMPENSATION AND BENEFITS AND REIMBURSEMENTS .
2.1 Base Salary. Commencing on November 7, 2023, EMPLOYEE shall receive a base annual salary of One Hundred Eighty-Eight Thousand Seven Hundred Eighty and 76/100 Dollars ($188,780.76) per year, (hereinafter, the “Base Salary”). The Parties understand and agree that the amount of the Base Salary, as preliminarily established for the year 2023, may be adjusted from time-to-time by the CITY MANAGER following a performance evaluation, as provided for in Section 2.2 (below). In no event shall EMPLOYEE’s base salary adjust automatically pursuant to any mechanism, and in no event shall EMPLOYEE’s base salary exceed the maximum amount approved by the City Council, including in the CITY’s Salary Chart or any other salary table or other document that may be adopted by the City Council in the future. The Base Salary shall be payable in bi-weekly installments at the same time and in the same manner as other management employees of CITY. EMPLOYEE’s salary shall be subject to customary withholding for taxes and other required deductions.
2.2 Performance Review. Annually on or before the anniversary date of execution of this Agreement, the City Manager will undertake a job performance review of EMPLOYEE. In connection with such performance review, the City Manager may consider any adjustments in EMPLOYEE’s compensation consistent with the CITY’s Salary Chart. The failure of CITY to undertake a performance evaluation shall not limit CITY’s ability to terminate this Agreement pursuant to Section 4 (Termination).
2.3 Benefits. In addition to Base Salary, CITY shall also provide EMPLOYEE with the following benefits:
(a) Cafeteria Plan, Dependent Care Flexible Spending Account, Life and Short Term Disability Insurance, Vacation Accrual, Sick Leave, Public Employees Retirement System (PERS) Eligibility, and Reimbursements. EMPLOYEE shall be provided with these benefits to the same extent as those benefits are provided to the members of the Non-represented Manager/Professional Technical Group, whether as described in the Managers Group MOU referred to in the Recitals or in the City’s Employment Policies, whichever is applicable, as those documents may be modified or amended from time to time.
2.4 Use of City-Owned Automobile. EMPLOYEE shall be given exclusive use of an emergency equipped CITY -owned or leased automobile subject to the following restrictions on use: (i) the automobile shall be used primarily for the purpose of commuting to and from work and for the performance o f CITY business; (ii) EMPLOYEE will not allow the automobile to be driven by any third party, except by CITY personnel in the performance of CITY business or in the course of routine vehicle maintenance or repair; (iii) the automobile may not be used for, or in the furtherance of, any unlawful purpose or act or for private commercial gain; (iv) to the fullest extent permitted by law, EMPLOYEE waives and releases CITY from any workers compensation claim which EMPLOYEE may oth erwise assert to the extent any injuries suffered
5 by EMPLOYEE while driving the automobile were sustained while EMPLOYEE was using the vehicle for a non-CITY-related purpose (including, but not limited to, personal travel or entertainment or travel in connection with household errands or travel to and from work).
EMPLOYEE may not use the vehicle for travel to locations outside of the State of California, without the prior approval of the City Manager. CITY shall be responsible for paying: (i) all premiums for legally required automobile insurance; and (ii) all vehicle maintenance and repair.
In accordance with CITY reimbursement policies, EMPLOYEE may claim reimbursement for gasoline expenses to the extent such expenses are incurred in the performance of CITY business.
2.5 Jury Duty. EMPLOYEE will receive Base Salary and benefits while responding to a jury summons or serving on a jury. Any compensation for such jury duty (except travel pay) shall be remitted to CITY.
2.6 Business Related Equipment. CITY shall also provide EMPLOYEE a smart phone and personal computer (at work) for use in connection with CITY business. CITY shall be responsible for maintenance of said items.
2.7 Participation i n Additional CITY Programs . EMPLOYEE shall be eligible to participate in any other CITY programs/employment benefits to the extent they are offered to non-represented CITY management employees, including but not limited to, the bilingual program or deferred compensation plan.
2.8 Administrative/Personal Leave. EMPLOYEE shall be allocated a maximum of forty (40) hours of administrative/personal leave on July 1st of each CITY fiscal year. The maximum amount of administrative/personal leave that EMPLOYEE may accrue at any given time may not exceed eighty (80) hours total. EMPLOYEE may request payment of up to forty (40) hours banked administrative leave pay, to be paid by separate check, per calendar year.
Requests for payment of banked administrative leave pay should be submitted in accordance with the procedure stated in the Managers Group MOU.
3. ILLNESS OR INJURY; DISABILITY AND DEATH.
3.1 Cessation of Work Due to Injury or Disability. In addition to any right of termination set forth under Section 1.3 (Employment With CITY “At-Will”), above, CITY also reserves the right to terminate EMPLOYEE’s employment along with this Agreement if EMPLOYEE ceases to work as a result of injury or disability which results in Employee being unable to perform the essential duties of the CITY ENGINEER/PUBLIC WORKS DIRECTOR position, with or without accommodation, for a period of six (6) consecutive months or more, as documented by a healthcare provider. The foregoing notwithstanding, CITY may terminate EMPLOYEE if, in the CITY’S unilateral discretion, the disability poses a direct threat to the safety of CITY, EMPLOYEE or any other employees working for CITY and any reasonable accommodation attempted by CITY would not mitigate or eliminate such a threat. CITY will not provide a severance payment if EMPLOYEE is terminated under this Section of this Agreement.
3.2 Compensation for Work-Related Illness or Injury. In the event EMPLOYEE suffers a physical or mental illness or disability arising out of the course of employment, EMPLOYEE’s exclusive remedy or remedies against CITY for such illness, injury or disability
6 shall be those legally allowed under the workers’ compensation laws of the State of California.
The Parties further agree that the California Workers Compensation Appeals Board shall be the exclusive venue for any claim of physical or mental illness or disability arising out of the course of EMPLOYEE’S employment with the CITY.
3.3 Medical Examination. EMPLOYEE agrees to submit to a medical and/or psychological examination by a qualified physician or psychiatrist selected by CITY, in the event the CITY determines a medical and/or psychological examination is needed to make a decision under Sections 3.1 through 3.2. CITY and EMPLOYEE shall receive a copy of all medical reports related to the examination.
3.4 Death of Employee. This Agreement along with EMPLOYEE’s employment shall terminate automatically upon EMPLOYEE’s death.
3.5 Compensation Upon Termination. Except as otherwise provided under this Agreement, if EMPLOYEE’s employment is terminated pursuant to this Section 3 (Illness or Injury; Disability and Death), CITY shall pay EMPLOYEE all Base Salary, benefits, and compensation due and owing EMPLOYEE through the last day actually worked. If termination is caused by EMPLOYEE’s death, CITY shall provide the compensation and benefits otherwise due EMPLOYEE to EMPLOYEE’s executor, administrator, heirs, personal representatives, successors, and assigns. CITY will not provide for severance pay if EMPLOYEE is terminated under the provisions of Section 3.1 through 3.5, above.
4. TERMINATION.
4 .1 Termination b y CITY f or Convenience and Without Cause .
EMPLOYEE is appointed and serves at the pleasure of City as an at will employee. City may terminate EMPLOYEE at any time for convenience and without cause. In the event EMPLOYEE is terminated without cause, at or during such time that EMPLOYEE is willing and able to perform his duties under this AGREEMENT, then in that event, CITY agrees to pay EMPLOYEE a severance equal to six months base salary, less any and all applicable or legally required deductions, provided EMPLOYEE has executed a full and final release of any and all actual or potential claims (including Civil Code Section 1542 release) that EMPLOYEE has or could have against CITY, its officials, employees and agents, acceptable to CITY in form and content. Notwithstanding anything herein to the contrary, the maximum severance EMPLOYEE may receive under this AGREEMENT shall not exceed the limitations provided for in Government Code Section 53260 -53264 or other applicable law.
4.2 Termination b y Employee . EMPLOYEE may terminate EMPLOYEE’S employment for any reason, and at any time, with or without cause, by providing CITY with no less than thirty (30) days prior written notice. In such event, CITY shall have the option, in its complete discretion, to make EMPLOYEE’s termination effective upon any date preceding the 30-day notice period, provided CITY pays EMPLOYEE all compensation due and owing EMPLOYEE through the last day actually worked, plus an amount equal to the Base Salary EMPLOYEE would have earned through the balance of the thirty (30) day notice period.
7 EMPLOYEE shall not receive a “severance payment ” in the event EMPLOYEE terminates his/her employment with CITY pursuant to this Section 4.2.
4.3 Termination for Cause by CITY. CITY may immediately terminate EMPLOYEE’s employment with CITY and this Agreement at any time by providing EMPLOYEE written notice of EMPLOYEE’S termination for cause and the reason(s) for the termination, and an opportunity for a discussion with the City Manager or the City Manager’s designee. In the event the City Manager and EMPLOYEE are unable to resolve any disagreement regarding the cause for EMPLOYEE’S termination, the Parties agree to binding arbitration as provided in Section 6. No “severance payment ” shall be paid in the event EMPLOYEE’s employment is terminated for cause, except that CITY shall pay EMPLOYEE for EMPLOYEE’S accrued and unused vacation, sick and administrative leave, as provided for in this Agreement. The term “cause” shall be defined to include any misconduct materially related to performance of official duti es, including but not be limited to any of the following: 1) breach of this AGREEMENT, 2) willful or persistent breach of duties, 3) resume fraud or other acts of material dishonesty, 4) unauthorized a b senc e or l eave not otherwise supported by valid documentation from a healthcare provider, 5) conviction of a misdem eanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality), conviction of a misdemeanor DUI, or conviction of a felony under California law (the CITY may, in its discretion, place EMPLOYEE on paid or unpaid administrative leave until resolution of charges brought against EMPLO YEE), 6) violation of the CITY’s anti -h arassment policies and/or a findin g that EMPLOYEE engaged in legally prohibited personal acts of harassment, discrimination, and/or retaliation against a CITY official, CITY employee, or any individual protected by state or federal laws prohibiting harassment, discrimination, and/or retaliation, 7) violation of the CITY ’s Municipal Code, ordinances , rules or regu l ations, including but not limited to th e CITY ’s Rules and Regulation s and Administrativ e Policies, 8) use or possession of illegal drugs, 9) engaging in conduct tending to bring embarrassment or disrepute to the CITY, 10) any illegal or unethical act involving personal gain, 11) pattern of repeated, willful and intentional failure to carry out materially significant and legally consti tuted directions or policy decisions of the City Council or City Manager, and 12) gross misfeasance or gross malfeasance. If the CITY terminates for cause this AGREEMENT and the services of EMPLOYEE hereunder, EMPLOYEE shall not be entitled to assume any further position or employment with the CITY.
4.4 Termination Obligation. EMPLOYEE agrees that all property, including without limitation, all equipment, tangible, Proprietary Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by EMPLOYEE incident to EMPLOYEE’S employment are the property of CITY and shall be returned promptly to CITY upon termination of EMPLOYEE’s employment. EMPLOYEE’s obligations under this subsection shall survive the termination of EMPLOYEE’S employment and the expiration or early termination of this Agreement.
4.5 Benefits Upon Termination. All benefits to which EMPLOYEE is entitled under this Agreement shall cease upon EMPLOYEE’s termination in accordance with this Section 4 (Termination), unless expressly continued under this Agreement, under any specific written policy or benefit plan applicable to EMPLOYEE, under any other agreement for the continued provision of benefits, or unless otherwise required by law.
8 5. CONFLICT OF INTEREST .
5.1 EMPLOYEE shall not, during the term of this Agreement, individually, as a partner, joint venture, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of CITY, except for stock ownership in any company whose capital stock is publicly held and regularly traded, without prior approval of the City Manager and City Council. EMPLOYEE shall also be subject to the conflict of interest provisions of the Government Code of the State of California, the CITY’s Municipal Code, and any other conflict of interest regulations applicable to EMPLOYEE’s employment with CITY. For and during the Term of this Agreement and any extension term, EMPLOYEE further agrees that except for a personal residence or residential property acquired or held for- future use as EMPLOYEE’S personal residence, EMPLOYEE will not invest in any other real estate or property improvements within the corporate limits of CITY without the prior consent of the City Manager and City Council.
6. ARBITRATION OF DISPUTES.
Any claim, dispute, or controversy which would otherwise require or allow resort to any court or other governmental dispute resolution forum between EMPLOYEE and CITY arising from, related to, or having any relationship or connection whatsoever with Employees employment or the terms of this Agreement, whether based on tort, contract, statutory, or equitable law, or otherwise, shall be submitted to and determined exclusively by binding arbitration under the Federal Arbitration Act, in conformity with the procedures of the California Arbitration Act (Cal.
Code Civ. Proc. sec 1280 et seq.), including section 1283.05 and all of the Acts other mandatory and permissive rights to discovery); provided, however, that: in addition to requirements imposed by law, any arbitrator herein shall be a retired California Superior Court Judge and shall be subject to disqualification on the same grounds as would apply to a judge of such court. If for any reason the Parties cannot agree to an arbitrator, either Party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator. The court shall then appoint an arbitrator, who shall act under this agreement with the same force and effect as if the Parties had selected the arbitrator by mutual agreement.
The arbitrator shall then prescribe the rules and procedures for the arbitration process in accordance with laws that are applicable to the claim being raised. EMPLOYEE understands that by agreeing to this binding arbitration provision, both CITY and EMPLOYEE give up their right to a trial by jury.
7. GENERAL PROVISIONS .
7.1 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to CITY at the address below or at the last known address maintained in EMPLOYEE personnel file. EMPLOYEE agrees to notify CITY in writing of any change in EMPLOYEE’S address during EMPLOYEE’S employment with CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section.
9 CITY’s Notice Address:
City of Beaumont
550 East Sixth Street
Beaumont, CA 92223
CITY ENGINEER/PUBLIC WORKS DIRECTOR’s Notice Address:
Robert Vestal
(Last listed address in employee’s personnel file)
7.2 Bonding. CITY shall bear the full cost of any fidelity or other bonds required of the CITY ENGINEER/PUBLIC WORKS DIRECTOR to perform his duties under any laws or ordinance.
7.3 Entire Agreement. This Agreement is intended to be the final, complete, and exclusive statement of the terms of EMPLOYEE’s employment by CITY. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of EMPLOYEE, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of CITY, now or in the future, apply to EMPLOYEE and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control. However, as noted in Section 2.7 above, EMPLOYEE shall be eligible to participate in any other CITY programs/employment benefits to the extent they are offered to non-represented CITY employees.
7.4 Amendments. Except as otherwise provided herein, this Agreement may not be amended except in a written document signed by EMPLOYEE, approved by the City Manager and signed by the City Attorney.
7.5 Waiver. Failure to exercise any right under this Agreement shall not constitute a waiver of such right.
7.6 Assignment. EMPLOYEE shall not assign any rights or obligations under this Agreement. CITY may, upon prior written notice to EMPLOYEE, assign its rights and obligations hereunder.
7.7 Severability. If any court of competent jurisdiction holds any provision, sentence or term of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
10 7.8 Governing Law. This Agreement is entered into and is to be performed in Riverside County, California and shall be governed by and construed in accordance with the controlling laws of the State of California or federal law, whichever is applicable, and the Parties agree that venue shall be in Riverside County, California.
7.9 Interpretation . This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the pa rty receiving a benefit or against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement.
7.10 Statutory Obligations
a. Abuse of Office or Position. Pursuant to California Government Code Sections 53243, 53243.1 and 53243.2, which became effective on January 1, 2012, if EMPLOYEE is convicted of a crime involving an abuse of EMPLOYEE’S office or position, all of the following shall apply: (1) if EMPLOYEE is provided with an administrative leave pay pending an investigation, EMPLOYEE shall be required to fully reimburse such amounts paid by CITY; (2) if CITY pays for the criminal legal defense of EMPLOYEE (which would be in its sole discretion, as CITY is generally not obligated to pay for a criminal defense), EMPLOYEE shall be required to fully reimburse such amounts paid by CITY; and (3) if this Agreement is terminated, any cash settlement related to the termination of EMPLOYEE by CITY, said amount shall be fully reimbursed to CITY or shall be void if not yet paid to EMPLOYEE. For this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under the color of authority; or (2) a crime against public justice, including a crime described in Title 7 commencing with section 92 of the California Penal Code.
b. Maximum Cash Settlement Upon Termination of Agreement. Pursuant to California Government Code Sections 53260 and 53261, regardless of the term of this Agreement, if the Agreement is terminated and a dispute arises regarding the termination, the maximum cash settlement that EMPLOYEE may receive shall be equal to the monthly salary of EMPLOYEE multiplied by eighteen and shall not include any other noncash items except health benefits, which may be continued for the same duration of time (18 months) or unt il employee finds other employment, whichever occurs first.
7.11 Incorporation of Recitals. The Parties repeat and incorporate the recitals set forth above as if fully set forth herein.
7.12 Acknowledgment . EMPLOYEE acknowledges that EMPLOYEE has had the opportunity to consult legal counsel in regard to this Agreement, that EMPLOYEE has read and understands this Agreement, that EMPLOYEE is fully aware of its legal effect, and that EMPLOYEE has entered into it freely and voluntarily and based on EMPLOYEE’S own judgment and not on any representations or promises other than those contained in this Agreement.
11 “CITY”
CITY OF BEAUMONT
By:________________________
Elizabeth Gibbs, City Manager
“EMPLOYEE”
Robert Vestal
________________________
ATTEST:
By:________________________
Elaine Morgan, City Clerk
Exhibit “A”
CITY ENGINEER/PUBLIC WORKS DIRECTOR EMPLOYMENT AGREEMENT
Exhibit “A”
Job Description
CITY OF BEAUMONT
PUBLIC WORKS DIRECTOR
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
SUMMARY DESCRIPTION
Under general administrative direction, plans, directs, manages, and oversees the activities and operations of the Public Works Department, including engineering, street services, wastewater, land developments, traffic engineering, capital improvement programs, traffic planning and engineering, and special projects;, controls staffing levels and department budget; coordinates assigned activities with other departments and outside agencies; participates as a member of the executive management team; and provides highly responsible and complex administrative support to the City Manager.
REPRESENTATIVE DUTIES The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.
1. Assumes full management responsibility for all Public Works Department services and activities including engineering, streets, traffic and wastewater operations; plans, assigns, directs and exercises administrative supervision over divisional employees engaging in a wide variety of engineering services, public works maintenance and operating tasks.
2. Manages the development and implementation of departmental goals, objectives, and priorities for each assigned service area; recommends and administers policies and procedures.
3. Establishes, within City policy, appropriate service and staffing levels; monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; allocates resources accordingly.
4. Assesses and monitors work load, administrative and support systems, and internal reporting relationships; identifies opportunities for improvement; directs and implements changes.
5. Plans, directs, and coordinates, through subordinate level staff, the Public Works Department’s work plan; assigns projects and programmatic areas of responsibility; reviews and evaluates work methods and procedures; meets with key staff to identify and resolve problems.
6. Selects, trains, motivates, and evaluates assigned personnel; provides or coordinates staff training; works with employees to correct deficiencies; implements discipline and termination procedures.
7. Oversees and participates in the development and administration of the department budget; approves the forecast of funds needed for staffing, equipment, materials, and supplies; approves expenditures and implements budgetary adjustments as appropriate and necessary.
8. Oversees and participates in preparing the Capital Improvement budget for the department; monitors capital improvement projects to ensure projects are completed within budget.
CITY OF BEAUMONT
Public Works Director (Continued)
9. Monitors the condition of the City’s infrastructure, including streets, sidewalks, curbs, gutters, equipment, storm drains, sewer collection, wastewater treatment plant, and other related facilities and equipment for maintenance, repair and replacement.
10. Facilitates, develops, and implements short and long-term goals for each assigned division; schedules public hearings and leads discussions regarding proposed public works projects.
11. Performs research regarding equipment and operations; advises the acceptance of bids and the ordering of supplies.
12. May serve as City Engineer.
13. Provides staff assistance to the City Manager; advises and supports the City Manager’s office and City Council and represents the department in policy matters; prepares and presents staff reports and other necessary correspondence.
14. Represents the Public Works Department to other departments, elected officials, and outside agencies; coordinates assigned activities with those of other departments and outside agencies and organizations.
15. Explains, justifies, and defends department programs, policies, and activities; negotiates and resolves sensitive and controversial issues.
16. Participates and provides staff support on a variety of boards, commissions, and committees; makes presentations before City Council, other government agencies and citizen groups about public works activities.
17. Attends and participates in professional group meetings; maintains awareness of new trends a nd developments in the field of Public Works operations.
18. Responds to and resolves difficult and sensitive citizen inquiries and complaints.
19. Performs related duties, as assigned.
QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.
Knowledge of:
Operations, services, and activities of a comprehensive public works program.
Advanced principles and practices of program development and administration.
Modern principles, practices, and techniques of public works administration, organization and operation.
Principles and practices of engineering, street services, wastewater, land developments, traffic engineering, capital improvement programs, traffic planning and engineering and capital improvement projects.
Principles and practices of public relations.
Municipal public works, planning, design, maintenance and construction.
California engineering and administration principles related to the design and construction of public works projects.
Civil engineering principles related to planning, traffic, streets, public buildings, capital facilities planning, technical, legal and financial requirements involved in the conduct of municipal public works studies.
Enterprise operations and rate setting principles for operations.
CITY OF BEAUMONT
Public Works Director (Continued)
Techniques and methods of preparing designs, plans, specifications, estimates and reports for proposed municipal facilities.
Recent developments, current literature and sources of information in California Public Works Administration.
Occupational hazards and standard safety practices.
Principles and practices of municipal budget preparation and administration.
Principles of supervision, training, and performance evaluation.
Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases.
Pertinent federal, state, and local laws, codes, and regulations.
Ability to:
Manage and direct a comprehensive public works program.
Develop and administer departmental goals, objectives, and procedures.
Analyze and assess programs, policies, and operational needs and make appropriate adjustments.
Identify and respond to sensitive community and organizational issues, concerns, and needs.
Plan, organize, direct, and coordinate the work of lower level staff.
Delegate authority and responsibility.
Select, supervise, train, and evaluate staff.
Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals.
Research, analyze, and evaluate new service delivery methods and techniques.
Prepare clear and concise administrative and financial reports.
Prepare and administer large and complex budgets.
Interpret and apply applicable federal, state, and local policies, laws, and regulations.
Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.
Communicate clearly and concisely, both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of work.
Education and Experience Guidelines - Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education/Training:
A Bachelor’s degree from an accredited college or university with major course work in civil engineering, public administration, or a closely related field. A Master’s degree is desirable.
Experience:
Ten years of broad and extensive experience in public works development and maintenance activities or related service delivery operations, including three years of management and administrative responsibility involving public works operations.
License or Certificate:
Must possess a valid California Class C Driver’s License and maintain possession of such license during the course of employment;
CITY OF BEAUMONT
Public Works Director (Continued)
PHYSICAL, MENTAL, AND ENVIRONMENTAL REQUIREMENTS: The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job.
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions:
Must be found to be free from any physical, emotional or mental conditions, as determined by a qualified physician and/or psychologist, which with or without accommodation might affect the ability of the employee to perform essential job functions. The position may require prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting, and stooping in the performance of daily office activities.
Additionally, the position requires grasping, repetitive hand movement, and fine coordination in retrieving and entering data using a computer keyboard. Near and far vision is required in order to read work related documents and use the computer. Acute hearing is required when providing phone and personal service. The position requires lifting, carrying, pushing, and/or pulling objects weighing up to 25 pounds. Incumbent must be willing to work shift work, including nights, weekends, and holidays. Must be able to work in adverse weather conditions, including extreme heat and cold.
This classification is not intended to be all-inclusive. An employee may be required to perform other reasonable duties as assigned by management. The City reserves the right, with the concurrence of the department head, to revise or change classification duties and responsibilities as the need arises and as consistent with the meet and confer process.
Staff Report
TO: City Council
FROM: Kari Mendoza, Administrative Services Director
DATE November 7, 2023
SUBJECT: Authorize Changes to Position Allocation
Description Staff requests authorization for the position elimination of the Assistant Director of Public Works and the addition of a Senior Engineer.
Background and Analysis:
Staff and administration have been continuously evaluating current positions and staffing levels. As vacancies arise individual department organizational structures are being evaluated and discussed. The Public Works Department seeks to make changes to their position allocation. Public Works seeks to change the vacated position of Assistant Director of Public Works to a Senior Engineer.
Fiscal Impact:
The position elimination of the Assistant Director of Public Works and the addition of a Senior Engineer will result in an estimated $28,000 cost savings depending on the candidates’ qualifications. The cost to prepare this staff report was $475.
Recommended Action:
Approve the position elimination of one Assistant Director of Public Works.
Approve the addition of one Senior Engineer.
Approved the amended Compensation Plan.
Attachments:
A. Senior Engineer Job Description
B. Existing Organizational Chart
C. Proposed Organizational Chart
D. City Compensation Plan
CITY OF BEAUMONT
SENIOR ENGINEER
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
SUMMARY DESCRIPTION
Under general administrative direction, participates in complicated engineering planning, design, and investigation of the Public Works Department. Assignments are general and of a continuing nature, requiring the exercise of independent judgment and initiative. Incumbents are expected to perform the most complex professional engineering work, requiring a substantial level of professional training and experience, and do other related work as required.
REPRESENTATIVE DUTIES The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.
1. Perform complex studies of technical, environmental, and economic feasibility, engineering field studies, and related studies pertaining to proposed and existing facility improvements.
2. Plan own work and the work of others.
3. Complete special projects that are frequently of long duration and complexity.
4. Develop, update and approve technical directives for the department to include: Engineering Guidelines, Standard Drawings, Standard Specifications, and other technical and administrative policies and procedures as applicable.
5. Research activities pertaining to best available engineering principles and practices including reviewing and advising the use of applicable construction materials and practices.
6. Prepare and review economic analyses, street and highway planning analyses and designs, basic civil engineering related structural analyses, hydraulic and hydrogeologic analyses and project justification reports.
7. Work with other engineering personnel with limited experience in an advisory capacity or supervisory capacity.
8. Make decisions independently on technical problems and methods related to the work being performed.
QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.
Knowledge of:
Principles and practices of civil engineering and other engineering disciplines used in the municipal engineering field.
Modern methods and techniques used in the design and construction of a wide variety of municipal projects.
Modern developments, current literature and sources of information regarding civil and municipal engineering.
CITY OF BEAUMONT
Senior Engineer (Continued)
Applicable laws and regulatory codes relevant to design and construction of municipal facilities.
Principles of supervision, training and performance evaluation.
Technical report writing.
Computers and computer programs.
Ability to:
Make complex engineering computations and to check, design, and supervise the construction of a wide variety of municipal facilities.
Communicate clearly and concisely, orally and in writing.
Supervise, train and evaluate professional and technical subordinates.
Apply technical insight and sound judgment necessary in the solution of difficult and complex problems.
Complete projects which require research of current and past technical literature and the adaption of information in order to fit the kinds of situations encountered.
Use and apply engineering economic principles.
Accommodate existing delivery timelines of varying workloads.
Education and Experience Guidelines - Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education/Training:
Equivalent to a bachelor's degree from an accredited college or university with major course work in civil engineering, structural engineering, or a related field.
Experience:
Four years of progressively responsible, professional experience in civil engineering.
Supervisory Municipal experience in engineering is desirable.
License or Certificate:
Must possess and maintain during the course of employment a valid certificate of registration as a Civil Engineer issued by the California State Board of Professional Engineers, Land Surveyor and Geologists.
Must possess and maintain during the course of employment a valid California Class C Driver’s License.
PHYSICAL, MENTAL, AND ENVIRONMENTAL REQUIREMENTS: The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job.
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions:
Must be found to be free from any physical, emotional or mental conditions, as determined by a qualified physician and/or psychologist, which with or without accommodation might affect the ability of the employee to perform essential job functions. The position may require prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting, and stooping in the performance of daily office activities.
Additionally, the position requires grasping, repetitive hand movement, and fine coordination in retrieving and entering data using a computer keyboard. Near and far vision is required in order to read work related documents and use the computer. Acute hearing is required when providing phone and personal service. The position requires lifting, carrying, pushing, and/or pulling objects weighing up to 25 pounds. Incumbent must
CITY OF BEAUMONT
Senior Engineer (Continued)
be willing to work shift work, including nights, weekends, and holidays. Must be able to work in adverse weather conditions, including extreme heat and cold.
This classification is not intended to be all-inclusive. An employee may be required to perform other reasonable duties as assigned by management. The City reserves the right, with the concurrence of the department head, to revise or change classification duties and responsibilities as the need arises and as consistent with the meet and confer process.
CITY
MANAGER
PUBLIC WORKS DIRECTOR/CITY ENGINEER
Assistant Director of
Public Works/City
Engineer
Associate Engineer Public Works Inspector Street Maintenance Supervisor
Lead Street Maintenance
Workers (2)
Street Maintenance
Workers (6)
Senior Management
Analyst
Management
Analyst
Engineering
Development Technician
(2)
Principal Engineer
Public Works Inspector
Project Manager (CIP)
PUBLIC WORKS DIRECTOR/CITY ENGINEER
Street Maintenance
Supervisor
Lead Street
Maintenance
Worker
Street
Maintenance
Workers (3)
Lead Street
Maintenance
Worker
Street
Maintenance
Workers (3)
Senior Management
Analyst
Managment Analyst
Engineering
Development Technician
(Land Dev.)
Engineering
Development Technician
(CIP)
Senior Engineer
(Land Dev.)
Associate Engineer
(Land Dev.)
Public Works
Inspectors
(Land Dev.)
Principal Engineer
(CIP)
Project Manager
(CIP)
Public Works
Inspectors
(CIP)
Staff Report
TO: City Council
FROM: Nicole Wheelwright, Deputy City Clerk
DATE November 7, 2023
SUBJECT: Upcoming Holidays and City Council Meeting Schedule
Description Discussion for a quorum check with upcoming holidays.
Background and Analysis:
This item serves as a quorum check for upcoming City Council Meetings as the holiday season approaches. Below are the upcoming City Council regularly scheduled meetings:
November 21, 2023
December 5, 2023
December 19, 2023
January 2, 2024
Fiscal Impact:
Staff estimates the cost to prepare this report to be $45.00.
Recommended Action:
Discussion and direction if any meetings need to be rescheduled or cancelled.
Staff Report
TO: City Council
FROM: Nicole Wheelwright, Deputy City Clerk
DATE November 7, 2023
SUBJECT: Upcoming Vacancies on City Commissions and Committees
Description Formal notice of upcoming vacancies and application process.
Background and Analysis:
In accordance with Government Code Sections 54970 - 54974, also known as the “Maddy Act,” the following notice of upcoming vacancies of City commissions and committees shall be posted for the fair and equal opportunity of citizens to be able to apply for the consideration of appointment. Per code, this Local Appointments list will be posted on the City’s website and at the Beaumont Library for public view. As an added measure, not required by code, the City will also utilize social media outlets to advertise the vacancies with details on how to apply. Attached is a list of the current seats and upcoming vacancies as well as the Public Notice.
This item is also to make City Council aware of any members that have an excess of unexcused absences per the adopted policies. City Council has the authority to remove any members after two unexcused absences.
Fiscal Impact:
City staff estimates the cost to prepare this report to be 85.00.
Recommended Action:
Receive and file.
Attachments:
A. Local Appointment List
B. Public Notice
Appointee Title
Date of
Appointment
Date of Re‐
Appointment
Current Term
Expires
Steve Cooley Commissioner December 20, 2022 December 2026 Nathan Smith Commissioner December 21, 2010 December 20, 2022 December 2026 Patrick Stephens Commissioner January 15, 2019 December 15, 2020 December 2024 To be filled Nov 7 Commissioner December 2024
To be filled Nov 7 Commissioner December 2024
Appointee Title
Date of
Appointment
Date of Re‐
Appointment
Current Term
Expires
Jennifer Ustation CM or Highest Ranking
Financial Staff Member n/a n/a
Jessica Voigt City Council Member December 2022 December 2023 David Fenn City Council Member December 2022 December 2023 AJ Patel City Treasurer December 2022 n/a
Peter Sierra Resident Member December 2022 December 2024 David Vanderpool Resident Member January 2020 December 2021 December 2023 Dennis Garcia
Resident/Business Owner
Member December 2021 December 2023
Appointee Title
Date of
Appointment
Date of Re‐
Appointment
Current Term
Expires
Lloyd White City Council Member December 2022 December 2023 Mike Lara City Council Member December 2022 December 2023 CM/Christina City Manager or Designee n/a
Kyle Warsinski Economic Dev Staff n/a
Ebon Brown
BUSD/Secondary Education
Representative December 2019 n/a n/a
Von Lawson
Post Secondary Education
Representative September 2019 December 2021 December 2023 City of Beaumont Financial and Audit Committee
City of Beaumont Planning Commission
Municipal Code Section 2.24.040 ‐ Term shall be four (4) years Qualifications: Beaumont resident, 18 years of age and a registered voter Monthly Stipend $50 (Reso 2004‐35)
Meets: Second Wednesday of each month
Municipal Code Section 2.35.050 ‐ Term shall be two (2) years (adopted September 2015). Term expiration dates were established at Council Meeting of Aug 1, 2017
Qualifications: Beaumont resident or Beaumont business owner and 18 years of age Meets: Fourth Monday on a Quarterly Basis
City of Beaumont Economic Development Committee
Term expiration dates were established at Council Meeting August 1, 2017 ‐ 2 year terms Qualifications: Local developer/economic representative, business community members, BUSD education representative, non‐business community member or a industry expert
Meets: Second Wednesday of each month
Beaumont Chamber
Beaumont Chamber
Representative November 9, 2016 n/a n/a
Ron Rader Beaumont Business
Community Member March 2023 December 2024
Allen Koblin
Beaumont Business
Community Member December 2024
Dustin Nirschl
Beaumont Business
Community Member December 2022 December 2024
Steven Mehlman
Community Member/Non
Business Member December 2022 December 2022 December 2024 Richard Bennecke
Community Member/Non
Business Member March 2023 December 2024
Rob Moran
Local Developer/Economic
Development
Representative January 2019 December 2022 December 2024 Theo Harris
Beaumont Youth Council
Student March 2023 October 2023 June 2024
Vacant
Rotating Member ‐ Industry
Expert
Vacant Alternate Member
Vacant Alternate Member
Appointee Title
Date of
Appointment
Date of Re‐
Appointment
Current Term
Expires
Steve Cooley Appeals Officer December 2022 December 2024 Allen Koblin Appeals Officer December 2022 December 2024 Ronald Rader Appeals Officer December 2022 December 2024 Tomothy Ousley Appeals Officer December 2022 December 2024 Vacant
Vacant
Vacant
Vacant
Vacant
Appointee Title
Date of
Appointment
Date of Re‐
Appointment
Current Term
Expires
Julio Martinez City Council Rep February 2023 December 2023 Jessica Voigt City Council Rep Alt.February 2023 December 2023 Youth Council
Board of Administrative Appeals
Term expiration dates were established by Ordinance 988 (2 years) Qualifications: 18 years of age, Beaumont resident or owners or employees of a Beaumont business Meets: on an as‐needed basis
Term expiration dates are established by the By‐Laws (July 1 each year) Qualifications: Enrolled in High School and acedemicaly eligible Meets: Second Tuesday of each month
Mary Jane Diaz Director (and EDC alt.)January 2023 October 2023 July 2024 Eva Garcia Secretary January 2023 October 2023 July 2024 Jessica Guevara Member October 2023 July 2024
Theo Harris EDC Rep January 2023 October 2023 July 2024 Jeremiah Hasibuan Member January 2023 October 2023 July 2024 Kate Landeros Event Coordinator October 2023 July 2024
Carlos Luna Member October 2023 July 2024
Leah Moore Member January 2023 October 2023 July 2024
Logan Niles Member October 2023 July 2024
John Nucasa Assistant Director January 2023 October 2023 July 2024 Anaya Patel Member October 2023 July 2024
Hyrum Rivera Member October 2023 July 2024
Amaree Thomas Event Coordinator January 2023 October 2023 July 2024 Marlowe Ugapo Member January 2023 October 2023 July 2024 Appointee Title
Date of
Appointment
Date of Re‐
Appointment
Current Term
Expires
City Council Rep December 2024
City Council Rep Alt. December 2024
Doug Story Community Serv. Director n/a
Vacant League Rep December 2025
Vacant Community Member December 2025
Vacant Community Member December 2025
Vacant Communty Member December 2025
Vacant Youth Council Member July 2024
Meets: Fourth Monday on a Quarterly Basis
Parks and Recreation Committee
Term expiration dates are established by the Policy and Procedures (2 years) Qualifications: 16 years of age, Community Member or Representative/Associated with a sports league in the City
Notice of Vacancies for City of Beaumont Boards and Commissions
Beaumont, CA—Notice is hereby given that the Beaumont City Council is seeking to fill several vacancies on the Beaumont Economic Development Committee, Financial and Audit Committee and the initial seating of the Parks and Recreation Committee.
Financial and Audit Committee: Seeking applications to fill two (2) vacancies for a term of two (2) years consisting of the following positions:
· Resident Member – 1 seat available
· Resident/Business Owner Member – 1 seat available
The Committee meets on a quarterly basis on the 4th Monday of the month at 6:00 p.m. to review financial reports and be the oversight of finance related items as directed by Council. This is a non- compensated position.
Economic Development Committee: Seeking applications to fill four (4) vacancies for a term of two (2) years consisting of the following positions:
· Post Secondary Education Representative – 1 seat available · Industry Expert – 1 seat available
· Alternate Member – 2 seats available
The Committee meets regularly on the 2nd Wednesday of each month at 4:00 p.m. to discuss and act in an advisory capacity to develop an Economic Development Strategic Plan for growth and recommend a vision for the future of Beaumont. This is a non-compensated position.
Parks and Recreation Committee: Seeking applications to fill four (4) seats for a term of two (2) years consisting of the following positions:
· Rep or Associated with a Sports League Operating in the City – 1 seat available · Beaumont Community Member – 3 seats available
The Committee will meet on a quarterly basis on the 4th Monday of the month at 4:00 p.m. This is a non- compensated position.
Applications are available online at www.BeaumontCa.gov under Committees and Commission. The Beaumont City Council will conduct a review of applicants at the regularly scheduled meeting of Tuesday, December 19, 2023, at 6:00 p.m. Completed applications received by 5:00 p.m. on Thursday, December 7, 2022, will be considered. Questions regarding the application process may be directed to the Deputy City Clerk at (951) 572-3196.