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HomeMy Public PortalAbout2016 CC MinutesMinutes Beaumont City Council Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Tuesday, January 19, 2016 Page 1 of 12 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. Closed Session was called to order at 5:02 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Knight, and Council Member Orozco were all present. Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: None Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION NONE Closed Session was adjourned at 5:03 p.m. for the Council to privately discuss the matters before them. REGULAR MEETING Regular Session Call to Order 6:12 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Report from City Attorney regarding Closed Session action: a. Conference with Legal Counsel Regarding Existing Litigation — Pursuant to Government Code Section 54956.9(d)(1) Western Riverside Council of Governments v. City of Beaumont [Case Number RIC 536164] (Appeal Filed) City of Beaumont January 19, 2016 12 No reportable action taken. AGENDA Page 2 of b. Conference with legal counsel pursuant to Government Code Section 54956.9 (d)(2) regarding anticipated litigation. (one potential case involving possible CEQA claim by City of Calimesa against City of Beaumont involving the Sunny -Cal project). Consideration and potential action on proposed settlement agreement Mayor Pro Tem White recused himself to avoid any conflict of interest due to the location. No reportable action taken. C. Conference with Labor Negotiator — Pursuant to Government Code Section 54957.6. City Designated Representative Interim City Manager Elizabeth Gibbs or her designee. • Beaumont Managers • Police Managers • Police Officers Association • Police Sergeants • Professional/Technical • Police Safety Support Services • General Unit SEIU Local 721 • Customer Service Coordinators SEIU Local 721 No reportable action taken. d. Personnel Matters — Evaluation of Interim City Manager — Pursuant to Government Code Section 54957(b). Has been moved to the end of the meeting. e. Conference with Legal Counsel — Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): (One Potential Case: Possible Action to deny, approve or settle claim submitted by Farmers Insurance). No reportable action taken. Point of Order by Council Member Knight — Stated she was present for the full Closed Session. Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Knight and Council Member Orozco were all present. Action on any requests for excused absence: None Pledge of Allegiance led by Mayor Pro Tem White Invocation led by Police Chaplain Peterson Approval/Adjustments to Agenda: None Conflict of Interests Disclosure: Mayor Pro Tem White will recuse himself from Item 4d City of Beaumont AGENDA January 19, 2016 Page 3 of 12 Announcements/Recognitions/Proclamations/Correspondence: Introduction of Cole Vocational Services by Police Commander Fagan. Introductions of the Date Festival Queen and Court With information on the Date Festival. 1. PUBLIC COMMENT PERIOD ITEMS NOT ON THE AGENDA Public comment opened at 6:25 p.m. James Davis — Expressed his concerns for the current homeless situation within Beaumont. Judy Bingham — Gave a personal report on bond requisitions. Public comment closed at 6:30 p.m. 2. COUNCIL REPORTS (This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel) Council Member Orozco — No report. Council Member Knight — Attended the Riverside County Disaster Council based on active shooter incident in San Bernardino. New concepts coming out regarding the subject. Also attended the Library District meeting in partnership with Cal -Vet. Reported that she has been appointed to chair the budget and finance committee for Riverside County Transit Agency. Mayor Pro Tem White - No Report. Mayor Lara — Working to hold public comment to 3 minutes to try to move meetings along as best we can. 3. CITY TREASURER REPORT Treasurer Carroll gave a summary on renew of warrants. The Standing Financial Committee Meeting is set for January 24 , 2016. Working to give a monthly summary of expenditures and fund balances. Council Member Knight asked the status of getting rid of Union Bank. Interim City Manager Gibbs replied stating that Union Bank is the trustee for the bonds but have shared the City's disappointment with the bank. The City has not issued a Request For Proposal for a new one (bank) yet. Also looking to do an RFP on our local banks to move from two banks to one. Gibbs believes that the task was assigned to the Standing Financial Committee. Public comment opened at 6:40 p.m. City of Beaumont AGENDA January 19, 2016 Page 4 of 12 Judy - Expressed her concern of outstanding Public Records Requests. Public comment closed at 6:42 p.m. 4. ACTION ITEMS/PUBLIC HEARINGS/REQUESTS a. DISCUSSION AND ACTION TO FILL VACANCY ON CITY COUNCIL BY APPOINTMENT Interim City Manager Gibbs recommended that she assist the mayor with item 4a. to avoid the conflict of interest with the City Clerk being an applicant. Public comment opened at 6:44 p.m. Mark Turner - Spoke in support of Sean Balingit. Jim Walling - Spoke in support of Sean Balingit. Wayne Hackney - Spoke in support of Sean Balingit. David Weiner - Spoke in support of Julio Martinez. Mickey Valdivia - Spoke in support of Sean Balingit. Dan Hughes - Spoke in support of Sean Baingit. All applicants were given 3 minutes to speak: Sean Balingit David Castaldo Dr. Della Condon Juan De La Fuente Jr. Damian G. Garcia Julio Martinez III David Ohrberg Ron Roy City Council discussion and questions for the candidates: Sean Balingit was called upon to answer questions from the Council. Council Member Knight - Asked to explain the understanding of the City Manager and City Attorney positions. Balingit - Answered with the explanation of how a City Manager can be similar to a CEO of a company and takes direction from Council. Council Member Knight - from last they spoke, Knight understood that Balingit had a trip planned to Washington DC in which he gave a presentation. Balingit - Confirmed his trip and explained that the company he works for is heavily involved in civil construction and was part of a presentation on concrete and paving. Further explained his experience while in Washington D.C. City of Beaumont AGENDA January 19, 2016 Page 5 of 12 Mayor Pro Tem White — With knowing Balingit's prior year's attendances at City Council meeting asked Balingit if he recognized what was going on in within the City at the time. Balingit — Explained his participation in many meetings of different agencies and expressed his disappointment of the deficiencies that have come to light from the City. Council Member Orozco — Asked Balingit to summarize the audit. Balingit — Explained how policies and procedures manuals should be put in place. Council Member Orozco — Asked Balingit what he could bring to the council as a piece of the puzzle. Balingit - Explained his strong relationship with businesses within the community and can contribute with a lens of business. Mayor Lara — Asked of Balingit what he could bring to assist in regards to the City's finances. Balingit — Replied with having an open mind and seeing the shortfalls and taking recommendations from the Standing Financial Committee. Mayor Lara — Asked Balingit to pick one thing he would like to work on to help restore public confidence. Balingit — Replied with open discussion within the relationships with other agencies within the city and avoiding any hidden agendas between any agencies. Julio Martinez was called upon to answer questions from the Council. Council Member Knight — Asked Martinez if he had any experience in building and development. Martinez — Explained his experience has been his attendance to the City's Planning Commission Meetings. Council Member Orozco — Asked Martinez to list the critical concerns from the state audit. Martinez — Answered with the accounting procedures, management positions and their job descriptions and procedures and accountability with cash. Council Member Orozco —Asked to reiterate what he had promised when taking the City Clerk position and what he has done since being appointed. Martinez — Explained that it has been an eye opener and helped step in to create transparency. Council Member Orozco — Asked if Martinez felt he could jump in and have confidence with the Council. Martinez — Explained that he has felt apart of the Council being on the sidelines and working with the Council, staff and the public. Council Member Knight — Asked Martinez if he has done any outreach within the community and gave examples of various clubs. Martinez — Explained that being a teacher, his primary involvement has been within the school and runs a club on campus and gives counseling as well as ran the A. V. 1. D program. Mayor Pro Tem White — Explained that he feels Martinez has been an outstanding City Clerk and expresses his concern with potentially having to replace his position of City Clerk and has reservations on doing so. Asked Martinez to pick a top concern that the City faces and comment and suggest solutions. City of Beaumont AGENDA January 19, 2016 Page 6 of 12 Motion to add fifteen minutes to the clock by Mayor Pro Tem White Second by Council Member Knight Approved by unanimous vote. Martinez — Explained that the City will have to somehow fill the financial gap before it can move forward. Mayor Lara — Asked Martinez if he had any other public agency experience. Martinez - Explained that he had experience in commercial retail Mayor Lara - Asked Martinez what he would pick to help restore public confidence. Martinez — Replied with the answer of accountability and gaining the public's trust. Council Member Orozco — Expressed that it would be difficult to replace Martinez in the City Clerk position but sees the capability of gaining an asset on the Council. Dr. Delia Condon was called upon to answer questions from the Council. Council Member Knight — Asked Condon if she has the correct understanding that she is more interested in the short term. Condon — Explained that a campaign takes time and money and is looking to give the residents a voice. Mayor Pro Tem White — Asked Condon what she could bring to counter the experience of the other candidates that have ten to fifteen years experience within the City. Condon — Explained that she has the experience of being elsewhere and brings new eyes to issues. Shared that she has connections in Sacramento as well as lobbyists. Council Member Orozco — Asked Condon to give an understanding of the audits and the critical concerns. Condon — Explained that it spoke to the lack of oversight, but sees that the council is working to fix it. Explained her experience of sitting on a committee regarding a water training program and learned a great about from that committee. Council Member Orozco — Asked if he could reiterate his question or if he needed to ask for more time. The City Attorney recommended that a motion be made to extend the time on the item. Motion to add ten minutes to the clock by Mayor Pro Tem White Second by Council Member Knight Approved by unanimous vote. Council Member Orozco - Asked Condon if there was something in particular that she is aware of on the audit. Condon — Replied with the answer of not having purchase orders on expenditures, as well as having to stay with in the budget. Explained that it is important to help create policies for the City Manager. Council Member Orozco — Asked how she would approach the issue of not having background on a specific item, if she would rely on her colleagues or ask for more information. Condon — Explained her experience on other committees and reassured that she would not come unprepared. City of Beaumont AGENDA January 19, 2016 Page 7 of 12 Council Member Orozco — Asked is she was unsure of an item if she would be afraid to ask for help. Condon — Responded with no, she would ask for the opinions on the topic by other council members. Mayor Lara — Understood that Condon was part of the new campus and asked what her involvement was. Condon — Explained that she was on the Board of Academic Affairs and was able to work with other schools to create a Science lab as well as the building a new library and a student services building. Mayor Lara - Asked is she ever served on a committee for a public agency that was struggling. Condon — Replied with yes, and explained her experience with community colleges. Motion to nominate Dr. Della Condon to fill the open seat by Mayor Pro Tem White Second by Mayor Lara Ayes: Mayor Pro Tem White, Mayor Lara Noes: Council Member Orozco, Council Member Knight Vote 2:2, motion not passed. Motion to appoint Julio Martinez by Council Member Orozco Motion dies due to lack of second Motion to appoint or nominate Sean Balingit to fill the vacancy of the City Council by Council Member Knight Second by Mayor Lara Ayes: Council Member Knight, Mayor Lara Noes: Council Member Orozco, Council Member White Vote 2:2, motion not passed. Council Member Orozco asked for clarification if the council was not able to come to a decision. City Attorney John Pinkney advised that an election would need to be held within sixty (60) days. Motion to appoint nominate Dr. Della Condon to fill the vacancy of the City Council by Mayor Pro Tem White Second by Mayor Lara Ayes: Mayor Pro Tem White, Mayor Lara Noes: Council Member Orozco, Council Member Knight Vote 2:2, motion not passed. Motion to appoint nominate Sean Balingit to fill the vacancy of the City Council by Council Member Knight Second by Mayor Lara Ayes: Council Member Knight, Mayor Lara Noes: Council Member Orozco, Mayor Pro Tem White Vote 2:2, motion not passed. City of Beaumont AGENDA January 19, 2016 Page 8 of 12 Motion to continue the clock for fifteen minutes on this item by Mayor Pro Tem White Second by Council Member Knight Approved by unanimous vote Motion to postpone this item to the next agenda Motion died due to lack of second Motion to narrow the candidates to Sean Balingit and Della Condon Motion dies due to lack of second Motion to add fifteen minutes to the clock by Council Member Orozco Second by Mayor Lara Approved by unanimous vote Consensus to limit five minutes of questions to each candidate. Council Member Orozco - Asked the understanding of the Waste Water Treatment Plant, Potrero and the Growth Initiative. Balingit — Stated that there needs to be a complete analysis of the treatment plant and its capacity and sees the plant as an asset. Explained that he sees Potrero as an opportunity of economic development. Expressed his concern of the ordinance and its true intent. Condon — Asked that Council Member Orozco repeat his questions so that she may answer completely. Council Member Orozco — Asked to give opinion of the topics that Council is faced with, 1, The Waste Water Treatment Plant, Z Potrero project and 3, the initiative that has been proposed by the community. Condon — Shared her view of the initiative being a symptom of concern by the community. Expressed her concern of being taxed for the Potrero project. Stated that more information about the Waste Water Treatment Plant is needed. Motion to add ten minutes to this item by Council Member Knight Second by Council Member Orozco Ayes: Council Member Orozco, Council Member Knight, Mayor Lara Noes: Council Member White Vote 3:1 Motion passed Council Member Orozco - Asked if there are any solutions that can be brought to the table regarding current issues. Condon — Explained that she would want to have the opportunity to discuss these topics and get the information that she may not be privileged to currently to be able to give an opinion. Balingit — Concurred with the statement from Condon and agreed that he would need more information before he could weigh in on a solution. City of Beaumont AGENDA January 19, 2016 Page 9 of 12 Motion to nominate Dr. Della Condon to fill the vacant seat on the City Council Second by Mayor Lara Ayes: Mayor Pro Tem White, Mayor Lara Noes: Council Member Orozco, Council Member Knight Vote 2:2, motion not passed Motion to continue the item and limit the discussion to the two candidates, Dr. Della Condon and Sean Balingit by Mayor Pro Tem White Second by Mayor Lara Ayes: Council Member Knight, Mayor Pro Tem White, Mayor Lara Noes: Council Member Orozco Vote 3:1 Motion passed b. SMALL BUSINESS GROWTH PROGRAM C. BUDGET AMENDMENT - TRANSIT Recommended by Interim City Manager, Gibbs to continue this item to a special meeting on February 25th and move the Standing Financial Committee Meeting to the February 26th Motion to continue item 4b to the action items on the next Council meeting and to move item 4c to the consent items by Mayor Pro Tem White Second by Council Member Knight Approved by unanimous vote d. AMENDMENT NO. 3 TO TOLLING AGREEMENT BETWEEN CV COMMUNITIES, LLC, THE CITY OF BEAUMONT AND THE CITY OF CALIMESA Mayor Pro Tem White recused himself from Item 4d. due to the location being within 500 feet of his residence. Public comment opened at 10:10 p.m. Mike White — Reported on an agreement reached with WRCOG and Calimesa Judy Bingham — Expressed her concern of LAFCO and annexation Public comment closed at 10:12 p.m. Motion to approve the amendment of the tolling agreement by Council Member Knight Second by Mayor Lara Ayes: Council Member Orozco, Council Member Knight, Mayor Lara City of Beaumont January 19, 2016 12 Mayor Pro Tem White abstained Vote 3:0: Motion passed. e. AWARD OF CONTRACT: PROFESSIONAL RECRUITMENT SERVICES Staff report given by Interim City Manger, Gibbs No speakers, opened and closed Public Comment at 10:20 p.m. Council Member White - Gave reasoning for the selection of the firm. Mayor Lara — Gave reasoning for the selection of the firm. AGENDA Page 10 of Motion to award of contract for Professional Recruitment Services and award to Avery Associates with the City Attorney and Mayor to finalize the contract with possible immaterial changes by Council Member Knight Second by Mayor Pro Tem White Passed by unanimous vote f. REQUEST FOR RECOGNITION BY THE BEAUMONT POA AS EXCLUSIVE COLLECTIVE BARGAINING REPRESENTATIVES OF THE POLICE SERGEANTS Staff report given by Administrative Services Director, Kari Mendoza Public comment opened at 10:36 p.m. Della Condon — Expressed concern of supervisors and employees being within the same bargaining unit. Victor Dominguez - Shared his thoughts on the Police Departments collective bargaining units. Public Comment closed at 10:40 p.m. Mendoza answered questions from Council. Police Commander, Greg Fagan was called upon to answer questions from Council. Motion to approve the extend recognition in writing to Beaumont Police Officers Association (BPOA) as the exclusive collective bargaining representative to the Beaumont Police Sergeants employees by the City and begin preliminary discussions with BPOA President Francisco Velasquez by Mayor Pro Tem White. Second by Council Member Orozco Approved by unanimous vote 5. CITY MANAGER REPORT City of Beaumont January 19, 2016 12 AGENDA Page 11 of Report was given by Interim City Manager, Elizabeth Gibbs. Gave a report on the 2015 third quarter sales tax update being up 7%. Reported a new Beaumont Police Officer, Christopher Crews. Public Comment opened at 10:50 p.m. Judy Bingham — Asked for clarification on the third quarter sales tax and if it included the taxes from the Board of Equalization's Sales Tax Permit. Public Comment closed at 10:53 p.m. Motion to propose and ordinance allowing agendas to be placed more advanced for the public and the council to review. Motion dies with no second. Orozco — Commented on the agenda process and if the posting date could be sooner. Gibbs — Explained the seventy two hour government code requirement and the fluid changes to the agenda on a daily basis. 6. CITY CLERK REPORT City Clerk, Julio Martinez — stated there was no report. Public Comment opened at 11:00 p.m. Judy Bingham — Commented on the status of Public Records Requests Victor Dominguez — Asked for an update on his audio and video request. Public Comment closed at 11:03 p.m. 7. CITY ATTORNEY REPORT Report given by City Attorney, John Pinkney regarding the list of pending litigation. 8. CONSENT CALENDAR (Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items) a) Approval of all Ordinances and Resolutions to be read by title only and publish by summary b) Ratification of Warrants for January 19, 2016 c) Approve Purchase Order Admin 2016-23 — Generator Service d) Approve Second reading of Ordinance No. amending Chapter 9.02 of the Beaumont Municipal Code — Noise Control e) Approve Second reading of Ordinance No. amending Chapter 17.06 of the Beaumont Municipal Code — Landscape Standards City of Beaumont AGENDA January 19, 2016 Page 12 of 12 f) Beaumont Basin Watermaster Invoice for Annual Administrative Expenses for Fiscal year 2015-2016 g) Notice of Completion, Acceptance of Public Improvements and Exoneration of Maintenance Bond No. 103365285-M for Tract 30748 Pardee Homes Mayor pulled Item 8g Motion to approve items 8a through 8f by Council Member Orozco Second by Council Member Knight Approved by unanimous vote Public Comment opened at 11:05 p.m. Judy Bingham — Asked for clarification on payroll verification and the product discussed at the Beaumont Cherry Valley Water District meeting. Public Comment closed at 11:08 p.m. Motion to approve Item 8g by Council Member Orozco Second by Council Member Knight Approved by unanimous vote Adjournment of the City Council of the January 19, 2016 Meeting at 11:08 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and approved by: Julio MahirfeZIll, Beau�nont)City Clerk Date: J /f J,-)/ 6 MINUTES Beaumont City Council Special Meeting Closed Session (5:00 p.m.) Special Session (6:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) (to be held after Regular Session) 550 E. 6th Street, Beaumont, California Monday, January 25, 2016 Page 1 of 10 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. Closed Session: Closed Session began at 5:02 p.m. Place: Beaumont Civic Center Roll Call: Mayor Lara, Mayor Pro -Tem White, Council Member Knight and Council Member Orozco were all present. Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: None Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION: L=1 Public Comments closed at 5:02 p.m. CLOSED SESSION a. "CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and (d)(3). (one potential case)" Closed Session was adjourned at 5:02 p.m. for the Council to privately discuss the matters before them. City of Beaumont January 25, 2016 REGULAR SPECIAL MEETING I CITY COUNCIL b. e-CIAL MEETING MINUTES Page 2 of 10 Regular Session began at 6:01 p.m. Place: Beaumont Civic Center No Change to Roll Call Action on any requests for excused absence: None Pledge of Allegiance: Led by Council Member Orozco Invocation: Led by Juan De La Fuente Report from Closed Session: Item 1 a CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION No reportable action. Approval/Adjustments to Agenda: None Conflict of Interests Disclosure: None Announcements/Recognitions/Proclamations/Correspondence: None 1. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA): Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Public comment opened at 6:05 p.m. David Castaido: Spoke about restoring confidence in the City. Anita Worthen: Spoke about the upcoming Veterans Expo this Saturday, January 30th at City Hall from 10:00 a.m. — 2:00 p.m. Ron Roy. Requested to move his request to speak to Item 4. Victor Dominguez: Advertized a new website called MindYourOwnBeaumont.com. The Public Comment portion of the meeting was closed at 6:12 p.m. 2. COUNCIL REPORTS This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel. Knight - Attended the Chamber Installation Dinner. City of Beaumont CITY COUNCIL S. XIAL MEETING MINUTES January 25, 2016 Page 3 of 10 Lara - Introduced a new concept he would like to implement of having a five minute comment limit for the Council. Spoke about his belief of transparency and trust. Orozco - No report. White - No report. 3. CITY TREASURER REPORT No Report 4. ACTION ITEMS/PUBLIC HEARINGS/REQUESTS A. DISCUSSION AND ACTION TO FILL VACANCY ON CITY COUNCIL BY APPOINTMENT Public Comment opened at 6:15 p.m. John Halliwill: Expressed his opinion on the decision made by Council at the last meeting regarding an appointment of a Council member. Sue Miller. Shared her concern of holding an election in June and again in November as well as keeping special interest groups out of council. Steve Meh/man: Spoke in support of Dr. Della Condon and asked Council to keep up the good work. Kathy Dyson: Spoke in support of Dr. Della Condon. John Dyson: Expressed his opinion on the decision made by council at the previous meeting regarding an appointment of a council member. Spoke in support of appointing Dr. Della Condon. Joseph Veca: Expressed his concern for holding a special election for this position and spoke in support of Dr. Della Condon. Jim Axberg: Spoke in support of Dr. Della Condon. Victor Dominguez: Requested to go last. Dr. Della Condon: Thanked those that spoke in support of her. Expressed her promises of what she would uphold if she is chosen as a council member. i City of Beaumont CITY COUNCIL SeECIAL MEETING MINUTES January 25, 2016 Page 4 of 10 Ron Roy. Spoke about the loss of Council Member Jeff Fox and shared his admiration. Urged council to make a decision that would bring change. David Weiner: Expressed his support of council making the best decision of appointment for a new council member. Victor Dominguez: Expressed his concerns and recommended to council that they be mindful of the intentions of speakers that come before council. Public comments closed at 6:38 p.m. Orozco: Shared that he met with both applicants over the weekend. Expressed that he feels both candidates are similar in that they both care about Beaumont. Would like to nominate Dr. Della Condon. Knight., Asked Treasurer Carroll how many Solera residents are on the financial committee. Nancy Carroll: Thinks, three and will verify. Knight. Spoke highly of both candidates. Expressed that her vision of a new council member that has history. Would like to motion for Mr. Balingit. White: Expressed his decision will be made on who will make the best decision for the City, short-term and long-term and expressed that when the time comes, he would second Orozco's motion of nominating Dr. Della Condon. Nancy Carroty: Clarified that there are 3 Solera members including herself on the committee. Lara: Expressed his opposition of holding a special election. Agrees with Orozco and Pro -tem White and would like to support their motions. Motion to appoint Dr. Della Condon to fill the City Council vacancy with a term to expire in November 2016 made by Council Member Orozco. Second made by Mayor Pro -Tem White. Ayes: Orozco, White, Lara Noes: Knight Approved by a 3-1 Vote Dr. Della Condon was sworn in by City Clerk Julio Martinez. A five minute recess was called by Mayor Lara Meeting brought back to order at 7:06 p.m. i City of Beaumont CITY COUNCIL SPECIAL MEETING MINUTES January 25, 2016 Page 5 of 10 b. SMALL BUSINESS GROWTH PROGRAM Staff Report Given by Planner, Kyle Warsinski Orozco: Recommended an Economic Development Committee. Asked Warsinski of his opinion on that idea. Warsinksi: Agreed with his idea and on using a collaboration effort. Orozco: Asked if we could postpone this resolution until it is decided by council if a committee would be created. Warsinski: Shared the urgency of this resolution due to current issues. Orozsco: Asked if he would be able to amend this resolution. Pinkey: Advised that at any point a resolution could be amended. Council Member Knight. Asked Warsinski if the ombudsman program was still in effect. Warsinski: Advised that he is still maintaining this program. Motion to agendize the discussion of creating an Economic Development Committee made by Mayor Pro -Tem White. Second made by Council Member Orozco. Motion Approved by a unanimous vote. White: Asked who would be responsible for these improvements, the landlord or the new business owner. Asked if this is prompted when someone purchases a building a when a new business comes in. Warsinski: Explained that it is triggered by the business going into the location and it is the responsibility of the business owner, but advises that the business owner speaks with the landlord on splitting the cost of the improvements. White: Asked about the grievance process regarding staff's decision. Warsinski: Explained the appeal process with Planning Commission and can also appeal to Council as well after the commission's decision. White: Asked who would be approving these extensions of improvements. Warsinski: Clarified that staff would approve the extensions for those applications that go directly to staff and the commission would approve the extensions for the applications that go directly to the commission. White: Mentioned the mural on a building and asked if there is any ordinance against it. Warsinksi: Explained that business signs in the Municipal Code do not have specific restrictions on paint. White: Asked if we could look into amending the code. Condon: Expressed her support for this resolution and the idea of a committee. Lara: Asked if there are priority levels on improvements for new business on their location. Warsinski: Explained that yes, each improvement is looked at by staff to decide the time of extension per improvement and that ADA improvements do not have the ability to be postponed. Those improvements are required by the Building Department. City of Beaumont January 25, 2016 PUBLIC COMMENTS: Public comment opened at 7:26 p.m. CITY COUNCIL SPECIAL MEETING MINUTES Page 6 of 10 Judy Bingham - Expressed her concern for the assistance needed for the small businesses on Sixth St. Public comment closed at 7:29 p.m. Motion to adopt Resolution No. 2016 -XX by Mayor Pro Tem White Second by Council Member Knight Approved by unanimous vote C. RESOLUTION TO AMEND THE MASTER LOAN AGREEMENT BY AND BETWEEN THE BEAUMONT REDEVELOPMENT AGENCY AND THE CITY OF BEAUMONT Staff Report given by Attorney, Charles Gallagher of SBEMP LLC White: Asked for point of order for clarification on the five minute clock for council member to ask questions and motioned to consider redrawing the ordinance to include this. Pinkney: Clarified the ordinance. White: Withdrew his motion. Asked Mr. Gallagher to clarify the change in law allowing for loans that had been previously disallowed to be resubmitted. Pinkney: Clarified the possible extensive process the City would have to follow with the Department of Finance for this re -submittal. Orozco: Asked for any input from Treasurer Nancy Carroll. Carroll: Has been involved in these meetings and concurs with Pinkney. Gave credit to staff for supplying the documentation needed. Would like to stay involved in future meetings. Orozco: would like to ensure that Carroll is involved as well Condon: Thanked Pinkney for his detail, and concurs with Orozco Public comment opened at 7:45 p.m. Judy Bingham: Asked to see the Master Loan Agreement. Expressed her concern with the bond proceeds as well as Pinkney: Clarified that the original Master Loan Agreement is "Exhibit A" in the Staff Report Public comment closed at 7:47 p.m. City of Beaumont January 25, 2016 F CITY COUNCIL St-ECIAL MEETING MINUTES Page 7 of 10 Motion to approve the resolution to amend the Master Loan Agreement by Mayor Pro Tem White Second by Council Member Orozco Approved by unanimous vote Adjournment of the Special City Council Meeting to the Special Meeting of the City of Beaumont Successor Agency at 7:49 p.m. MINUTES CITY OF BEAUMONT SUCCESSOR AGENCY (formerly Redevelopment Agency) 550 E. 6th Street, Beaumont, California Monday, January 25, 2016 Successor Agency Meeting was convened at 7:50 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Chairman Lara, Vice Chairman White, Agency Member Knight, Agency Member Orozco, and Agency Member Condon were present. Action on any requests for excused absence: None Approval/Adjustments to Agenda: None Conflict of Interests Disclosure: None A. RESOLUTION TO AMEND THE MASTER LOAN AGREEMENT BY AND BETWEEN THE BEAUMONT REDEVELOPMENT AGENCY AND THE CITY OF BEAUMONT Staff Report given by Attorney Charles Gallagher of SBEMP LLC No public speakers Public comment opened and closed at 7:51 p.m. Motion to approve the resolution to amend the Master Loan Agreement by Agency Member Knight Second by Agency Member Condon Approved by unanimous vote City of Beaumont CITY COUNCIL 14rECIAL MEETING MINUTES January 25, 2016 Page 8 of 10 B. RESOLUTION TO APPROVE THE SUCCESSOR AGENCY ADMINISTRATIVE BUDGET FOR THE PERIODS JULY 1, 2016 THROUGH JUNE 30, 2017 Staff report given by Planner, Kyle Warsinski White: Asked for clarification on the payments Warsinski: Explained the process in which the RDA receives its property taxes. Public comment opened at 7:55 p.m. No speakers Public comment closed at 7:55 p.m. Motion to approve resolution approving the Successor Agency Administrative Budget for FY 2016-2017 by Agency Member Orozco Second by Agency Member Knight Approved by unanimous vote C. RESOLUTION TO APPROVE THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE 2016-17 A& B Staff Report given by Kyle Warsinski No public speakers Public comment opened and closed at 8:00 p.m. Motion to approve the resolution to approve the Recognized Obligation Payment Schedule for Fiscal Year 2016-2017 by Agency Member Knight Second by Vice Chairman White Approved by unanimous vote Adjournment of the January 25, 2016 Special Meeting of the City of Beaumont's Successor Agency at 8:02 p.m. ********************************************************* RECONVENE CITY OF BEAUMONT CITY COUNCIL SPECIAL MEETING Special Meeting reconvened at 8:02 p.m. 5. CITY MANAGER REPORT V City of Beaumont CITY COUNCIL Sr-ECIAL MEETING MINUTES January 25, 2016 Page 9 of 10 a. Yearly Reporting of Permit Information — Year End 2015 Gibbs: Advised that a new committee member will need to be appointed for the Standing Financial Committee and advised that John Halliwell is currently the alternate. Orozco: asked if he can make the recommendation to appoint. Gibbs: Advised that applications be taken but needs direction from Council. White: Asked that it be put on the agenda to appoint two alternates. Lara: Asked and received a consensus that it be put on the agenda for the next possible meeting. Gibbs: Advised it will be advertized February 5t" 2016 and put on the agenda for the first meeting in March. White: Asked if it would be possible to process applicants that previously did not make the committee. Gibbs: Advised that this would be possible. Lara: Asked and received a consensus to bring in the applicants from the previous recruitment on the next council meeting. Gibbs gave a report on upcoming agenda items. b. Response to Public Comment 1. Public Records Request for City Hall video and audio 6. CITY CLERK REPORT City Clerk, Julio Martinez introduced the new Deputy City Clerk, Nicole Wheelwright and explained his plan to meet regarding public records requests. 7. CITY ATTORNEY REPORT No report 8. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items a) Approval of all Ordinances and Resolutions to be read by title only and publish by summary b) Approval of Minutes from Special Meeting of November 9, 2015 c) Resolution No. 2016- authorizing the Amendment of Transit budget for FY 2015-16 in the amount of $477,434.83 and approve Purchase Order TRAN 2016-04 d) Approve Purchase Order PW 2016-05 — Mesa Lift Station Pump Repair e) City of Beaumont Commuter Travel Authorization and Expense Report for Mayor Pro -Tem White f) Approve Purchase Order AD 2016-13 — Interim Staffing Services — MuniTemps g) Approve Purchase Order PW 2016-06 — Mesa Lift Station Pump Rental City of Beaumont January 25, 2016 10 CITY COUNCIL SvECIAL MEETING MINUTES Page 10 of White: Asked to be recused from item 8e Lara: Asked about items 8d and 8g if the city is able to run a cost of the pump rentals Gibbs: Explained that the City is going through the process of bids for the maintenance of the pumps. Explained that in the last 3 years we have spent roughly 150,000.00 on pump rentals. Now that there is a balanced budget, they are working on a punch list for the treatment plant issues. No public speakers Open and close public comment Motion to approve items a,b,c,d,f and g by Council Member Orozco Second by Council Member Knight Approved by unanimous vote White was recused as item 8e is discussed. Condon: Motion to approve Item 8e Orozco: Will second, however would like a discussion. Asked if other agencies reimburse for mileage. Knight. Added that there is no compensation with ERIKA, but RCTC and RTA do. Gibbs: Added that there are 2 City vehicles that are available for everyone to use. Motion to Approve 8e by Council Member Condon Second by Council Member Orozco Approved by unanimous vote Abstained: White Adjournment of the City Council Special Meeting of January 25, 2016 at 8:19 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified Julio approved by: Date: LIJ-1-9- nt City Clerk EXCERPT City Council Minutes Beaumont City Council Special Meeting Closed Session (5:00 p.m.) Special Session (6:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) (to be held after Regular Session) 550 E. 6th Street, Beaumont, California Monday, January 25, 2016 Page 1 of 1 The following is an excerpt from the City of Beaumont, City Council Special Meeting; REGULAR SPECIAL MEETING Regular Session began at 6:01 p.m. COUNCIL MEMBERS PRESENT: 8. CONSENT CALENDAR Place: Beaumont Civic Center Mayor Lara, Mayor Pro -Tem White, Council Member Knight, Council Member Orozco e) City of Beaumont Commuter Travel Authorization and Expense Report for Mayor Pro -Tem White Mayor Pro Tem White recused himself as item 8e was discussed. Motion to Approve City of Beaumont Commuter Travel Authorization and Expense Report for Mayor Pro -Tem White, motioned by Council Member Condon, Second by Council Member Orozco Approved by unanimous vote Adjournment of the City Council Special Meeting of January 25, 2016 at 8:19 p.m. 1, Nicole Wheelwright, Deputy City Clerk of the City of Beaumont, do hereby certify that the foregoing is an accurate excerpt from the Minutes of the City of Beaumont, City Council Special Meeting held on January 25th, 2016. Minutesveri ' and proved by: Julio Ma�nez III, Bea City Clerk zl )Y46 Date 4 MINUTES Beaumont City Council Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Tuesday, February 2, 2016 Page 1 of 9 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. Closed Session Closed Session began at 5:04 p.m. Place: Beaumont Civic Center Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: None Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION None Closed Session was adjourned at 5:02 p.m. for the Council to privately discuss the matters before them. REGULAR MEETING Regular Session was called to order at 6:25 p.m. Place: Beaumont Civic Center Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Action on any requests for excused absence: None Pledge of Allegiance led by Council Member Knight Invocation, led by Rob Pederson Report from City Attorney regarding Closed Session action: City of Beaumont February 2, 2016 AGENDA Page 2 of 9 1 a. Conference with Legal Counsel Regarding Existing Litigation — Pursuant to Government Code Section 54956.9(d)(1 )Western Riverside Council of Governments v. City of Beaumont [Case Number RIC 536164] (Appeal Filed) No reportable action 1 b. Conference with Legal Counsel — Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (three potential cases) No discussion and no reportable action 1 c. Conference with Labor Negotiator — Pursuant to Government Code Section 54957.6. City Designated Representative Interim City Manager Elizabeth Gibbs or her designee. No reportable action 1 d. Personnel Matters — Evaluation of Interim City Manager — Pursuant to Government Code Section 54957(b). No reportable action 1 e. Conference with Legal Counsel — Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): (One Potential Case: Possible Action to deny, approve or settle claim submitted by Farmers Insurance). No discussion and no reportable action 1f. Conference with Legal Counsel — Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): (One Potential Case: Possible Action to deny, approve or settle claim submitted by Arturo Torres). Motion to deny the claim by white second by Knight. Unanimous vote 1 g. Conference with Legal Counsel — Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) or (d)(3) (One Potential Case: Possible Action to deny, approve or settle claim submitted by Sheryl Acosta). No reportable action taken Approval/Adjustments to Agenda: Item 41b removed from the agenda. Item 8b at the request of the applicant, staff is requesting that it be continued to Feb 16, 2016. Conflict of Interests Disclosure: None City of Beaumont AGENDA February 2, 2016 Page 3 of 9 Announcements/Recognitions/Proclamations/Correspondence: a. BEAUMONT PASS TRANSIT — REPORT REGARDING ARRIVAL OF NEW BUSES Interim City Manager, Elizabeth Gibbs introduced a new bus, now the largest bus the City owns paid for by the State. 1. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA): Ron Roy. Asked about the capital improvement program and its correlation to the park district. Judy Bingham: Clarified her current public records request. Heather Rhodes: Advertized Inland Behavioral Health Services Inc. David Weiner: Spoke about his negative experience of his public comment at the previous City Council meeting. Public comment closed at 6:41 p.m. 2. COUNCIL REPORTS This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel. Council Member Condon: Spoke about her public outings in the community with Council Member Knight. Council Member Knight: Attended the RTA meeting where they presented a bus shelter in the name of Jeff Fox Sr. Attended the ribbon cutting for the Fairway Canyon Community Association. Attended the California League of Schools, where they named San Gorgonio Middle School as a one in thirteen in the state as a high performing middle school. Also attended the Vetran's Expo. Mayor Lara: Thanked Anita Worthen for the success of the Veteran's Expo. Council Member Orozco: Commended the staff at San Gorgonio Middle School and the school district. Thanked those involved in the Veteran's Expo and commented on the positive turn out. Would like to look into our homeless issue in the community. Pro Tem White: Attended the RCTC workshop and reported a pilot program that they are initiating and details on the S.T.I.P program. 3. CITY TREASURER REPORT City of Beaumont February 2, 2016 AGENDA Page 4 of 9 Nancy Carroll: Went over questions regarding warran#s with staff Went over the month�re0rtIn pg and wllhave a repoabout e first Standing Financial Meeting held and the actions taken at that meeting. White: Added clarification on the purpose of the committee. Motion to create a future agenda item to provide a summary from the Finance Committee to staff made by Mayor Pro -Tem White Second b Council Member Condon Approvedbyunanimous vote Orozsco: Requested an updated report of State Audit from the Financial Standing Committee. Public Comment opened at 7:05 p.m. Judy Bingham: Requested that audio recording be added to the Standing Financial Committee Meeting and asked questions of the general ledger report. Public Comment closed at 7:06 p.m. 4. ACTION ITEMS/PUBLIC HEARINGS/REQUESTS a. CFD RECONCILIATION UPDATE BY URBAN FUTURES David Siris presented the third report to Council regarding the current reconciliations. White: Asked for clarification on what specifically was reconciled and if there were any issues. Public comment opened at 7:14 p.m. Ron Roy. rescinded his request to speak. Public comment closed at 7:15 p.m. Motion to receive and file by Council Member Knight Second by Mayor Pro -Tem White Unanimous Vote b. DISCUSSION AND ACTION TO FILL VACANCY ON PLANNING COMMISSION BY APPOINTMENT Staff report given by Planning Director Rebecca Deming Applicants for the Planning Commission Spoke: Jason Rearick Richard Bennecke Bill Cooper Valerie Jean Hernandez City of Beaumont February 2, 2016 Public Comment opened at 7:37 p.m. Robert Taylor. Spoke in support of Jason Rearick. Public Comment closed at 7:38 p.m. Recess requested by Mayor Lara. Back to order at 7:46 p.m. Questions were asked of each applicant by the Council. Motion to appoint Valarie Jean Hernandez by Council Member Orozco Motion died without a second. AGENDA Page 5 of 9 Motion to appoint Jason Rearick to fill the Planning Commission vacancy with a term to expire in December 2016 by Mayor Pro -Tem White Second by Knight Approved by unanimous vote C. AWARD OF CONTRACT: PUBLIC WORKS INSPECTION AND PLAN CHECK SERVICES Staff report given by Interim City Manager, Elizabeth Gibbs. Public Comment opened at 8:23 p.m. David Weiner. Asked to about the back-up documentation for the scores presented. Public Comment closed at 8:25 p.m. White: Asked that Gibbs answer to the concern brought up in Public Comment Gibbs: Explained how she created and verified Exhibit C. White: Asked Gibbs how staff will be trained for future RFPs. Gibbs: Explained future trainings. White: Verified a previous conversation about having a meeting regarding the process with a council member prior to a future RFP. Gibbs: Agreed. Condon: Asked about a specific scoring in relation to the applicant's liability insurance. Gibbs: Explained it did not have scoring weight and verification of insurance is done once contracted. Orozco: Expressed his concerns with the RFP process and grading and lack of back up documentation. Knight. Asked to again explain how the scores were compiled and asked if scores were double checked. City of Beaumont AGENDA February 2, 2016 Page 6 of 9 Gibbs: Explained the process and answered yes to the scores being double checked. White: Asked of Council Member Orozco to further explain his findings of concern. Condon: Agrees with concerns in the scoring. Orozco: Explained his discrepancies in the scoring and gave the names of the firms that he felt were the best candidates. Knight: Asked Orozco how he came to his conclusion, and asked if he had spoken with staff. Orozco: Clarified his reference check process. Motion to approve the on-call services contract with Wildan CASC and NV5 three (3) firms by Mayor Pro Tem White. Second by Council Member Knight Orozco: Asked to continue further discussion on the firms. Motion to end debate by Mayor Pro Tem White Second by Council Member Knight Ayes: Council Member Knight Mayor Pro Tem White, Mayor Lara, Noes: Council Member Condon, Council Member Orozco 3 — 2 vote, Motion Failed Request to amend motion to approve the on-call services contract with Wildan and NV5 by Mayor Pro Tem White Second by Council Member Knight Approved by unanimous vote Orozco: Expressed his concern of only appointing two firms and asked the Interim City Manager for input. e. RESCIND RESOLUTION 2016-4 AND APPROVE RESOLUTION 2016-7 FOR THE EXECUTION OF THE LCTOP PROJECT: EXPANSION OF COMMUTER LINK ROUTE 120. Staff Report given by Management Analyst Celina Cabrera Public Comment opened and closed at 8:59 p.m. Motion to approve the Resolution authorizing City of Beaumont Pass Transit to submit project nomination and allocation request for funding to LCTOP for the expansion of Commuter Link Route 120 by Council Member Knight Second by Council Member Orozco Approved by unanimous vote f. DISCUSSION AND ACTION TO FILL VACANCY ON STANDING FINANCIAL COMMITTEE BY APPOINTMENT City of Beaumont AGENDA February 2, 2016 Page 7 of 9 Public Comment opened and closed at 9:07 p.m. Motion to appoint Sean Balingit as the first alternate. Motion to appoint Richard Bennecke as the second alternate by Council Member Knight Second by Council Member Condon committee member and two alternate from the submitted applications. Approve by unanimous vote g. REQUEST CITY COUNCIL TO APPROVE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BEAUMONT AND PROFESSIONAL/TECHNICAL AS INDIVIDUALS Staff report given by Administrative Services Director, Kari Mendoza Motion to approve the Memorandum of Understanding (MOU) between the City of Beaumont and Professional/Technical as Individuals by Mayor Pro Tem White Second by Council Member Knight Approved by unanimous vote h. REQUEST CITY COUNCIL TO APPROVE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BEAUMONT AND POLICE MANAGEMENT Staff report given by Administrative Services Director, Kari Mendoza Public Comment opened and closed at 9:17 p.m. Motion to approve the Memorandum of Understanding (MOU) between the City of Beaumont and Police Management by Council Member Knight Second by Council Member Orozco Approved by unanimous vote i. REQUEST CITY COUNCIL TO RATIFY THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BEAUMONT AND MANAGERS, AS INDIVIDUALS Staff report given Administrative Services Director, Kari Mendoza White: Asked if we are on track to meet our budget. Mendoza: Replied yes. Public Comment opened and closed at 9:19 p.m. Motion to approve the Memorandum of Understanding (MOU) between the City of Beaumont and Managers, as Individuals by Council Member Knight Second by Council Member Condon City of Beaumont February 2, 2016 Approved by unanimous vote 5. CITY MANAGER REPORT a. Reports on Department Activities 1) Future Agenda Items 2) Response to Public Comments — Homeless Situation Staff report given by Police Chief, Sean Thuilliez. Orozco: Asked for the count in Banning. Thuilliez: Responded with an approximate number of fifteen. AGENDA Page 8 of 9 Gibbs: Asked Thuilliez to explain recent hiring and promotional changes Thuilliez: Introduced Jeremy Dorrough as the newly promoted Acting Commander, a new police officer, and further explained current recruitment processes for police officers and public safety dispatchers. Dorrough: Introduced himself to Council. Gibbs: Updated Council on current projects and events and future agenda items. White: Expressed his concern with any changes to broadcasting the City Council Meeting that we keep the YouTube feature. Gibbs: Agreed that the YouTube feature has become an asset. Public Comment opened at 9:42 p.m. Nancy Gall: Expressed her concern regarding the negative attitude towards the homeless. Victor Dominguez: Expressed his concern of the homeless and asked that we utilize our local outreach programs. Public Comment closed at 9:48 p.m. b. Calendar of Events 1) Community Outlook 6. CITY CLERK REPORT City Clerk, Julio Martinez updated the Council on the current Public Records Request process. Public comment opened at.9:49 p.m. Judy Bingham: Shared concerns with the CFD records request. Public Comment closed at 9:50 p.m. 7. CITY ATTORNEY REPORT z City of Beaumont AGENDA February 2, 2016 Page 9 of 9 No Report 8. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. a) Approval of all Ordinances and Resolutions to be read by title only and publish by summary b) c) Approval of Warrants dated February 2, 2016 d) Notice of Acceptance of Public Improvements and Exoneration of Maintenance Bond No. 3879205 for the American Center 1302 E 6t" St. e) Grant Deed 15-D-04 to Accept Sewer Lift Station (Fairway Canyon) Item 8b pulled No Speakers Public Comment opened and closed at 9:52 p.m. Motion to approve items 8a, 8c, 8d, 8e by Mayor Pro Tem White Second by Council member Knight Approved by unanimous vote Motion to continue item 8b to the February 16th meeting by Mayor Pro Tem White Second by Mayor Lara Approved by unanimous vote Adjournment of the City Council of the February 2, 2016 Meeting at 9:53 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and approved by: c Julio Ma. eirll, au ont City Clerk Date: 71('(14C MINUTES Beaumont City Council Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Tuesday, February 16, 2016 Page 1 of 7 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. Closed Session Closed Session began at 5:05 p.m. Place: Beaumont Civic Center Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight and Council Member Orozco were all present. Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: None Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION None Closed Session was adjourned at 5:06 p.m. for the Council to privately discuss the matters before them. REGULAR MEETING Regular Session began at 6:05 p.m. Place: Beaumont Civic Center Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight and Council Member Orozco were all present 1 b. Personnel Matters — Evaluation of Interim City Manager — Pursuant to Government Code Section 54957(b). City of Beaumont AGENDA February 16, 2016 Page 2 of 7 No reportable. action. Continued to end of Regular Session. 1 c. Conference with Labor Negotiators pursuant to Government Code Section 54957.6: City designated representatives Mayor Mike Lara and Mayor Pro Tem Lloyd White. Unrepresented Employee (Interim City Manager). No discussion and continued to the end of regular session 1d. Conference with legal counsel -- Consideration of Initiating potential litigation pursuant to Government Code Section 54956.9 (d)(4). (two potential cases). No discussion and continued to the end of regular session 1 e. Conference with Legal Counsel - Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (three potential cases). No discussion and continued to Monday February 22, 2016 Action on any requests for excused absence: Motion to excuse City Clerk Julio Martinez by Council Member Knight Second by Council Member Orozco Approved by unanimous vote Pledge of Allegiance: Led by Council Member Condon Invocation: Led by Ken Grimes Approval/Adjustments to Agenda: None Conflict of Interests Disclosure: Recusal of Deputy City Clerk Nicole Wheelwright for Item 81. Announcements/Recognitions/Proclamations/Correspondence: a. PARK PRESENTATION - ARGENT Presentation given by Cherryl Thompson and she answered the questions from Council. b. BEAUMONT LIBRARY UPDATE Presentation given by Sabina Brady 1. PUBLIC COMMENT PERIOD ITEMS NOT ON THE AGENDA): Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a `Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Public comment opened at 6:40 p.m. City of Beaumont AGENDA February 16, 2016 Page 3 of 7 Ron Mysel: Presented a petition regarding CFD's in the 7B area and asked that this issue be on an upcoming council meeting. Consensus to put the item on a future agenda. Ron Roy: Spoke about the Moreno Valley annexation. Public Comment closed at 6:47 p.m. 2. COUNCIL REPORTS This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel. Condon - Spent the day in City Hall last week. Encouraged giving fast food gift cards to the homeless. Knight - Participated in the San Gorgonio Memorial Hospital focus group.CNG bus concept. Attended the T -Now Committee meeting. Participated in the AYSO event. Lara - None to report Orozco - None to report White - Attended the AYSO event. Spoke about the upcoming golf tournament at the Morongo Tukwet Golf Course. Attended the Water District Meeting. 3. CITY TREASURER REPORT Treasurer, Nancy Carroll reported that warrants were reviewed and a calendar for warrant runs have been established. The Standing Financial Committee meeting will be on February 17, 2016. Also reported that she reviewed the Mid -Year Financial Report with the Finance Department. 4. ACTION ITEMS/PUBLIC HEARINGS/REQUESTS a. FISCAL YEAR 2015-2016 MID -YEAR (DECEMBER 2015) FINANCIAL REPORT (50% COMPLETE) Staff report and presentation given by Interim Finance Director, Onyx Jones and Temporary Accounting Manager, Melana Taylor and answered questions by Council. Public comment opened at 7:54 p.m. Ron Roy: Requested detail of CFD revenue and expenditures. Expressed his concern of contract services. City of Beaumont AGENDA February 16, 2016 Page 4 of 7 Public Comment closed at 7:56 p.m. Motion to adopt Resolution No. 2016-11 appropriating budget adjustments for the municipal budget FY 2015-2016 by Mayor Pro -tem White Second by Council Member Orozco Approved by an unanimous vote Five Minute break called by Mayor Lara Meeting back in session at 8:05 p.m. b. REQUEST FOR WAIVER OF STAFF COSTS FOR BREEZIN' THROUGH BEAUMONT 5K/10K RACE Staff report given by Interim Police Chief Sean Thuilliez Martin Bright spoke on behalf of the Rotary Club and answered questions from Council. No Speakers Public comment opened and closed at 8:10 p.m. Motion to approve fee waiver of staff costs for City personnel and vehicle/equipment use to support the Breezin Thru Beaumont race; and Motion to approve City Council contingency fund budget transfer of $1,720.09 by Council Member Orozco Second by Council Member Condon Approved by a unanimous vote C. REQUEST FOR WAIVER OF FACILITY USE FEES FOR CHERRY FESTIVAL ASSOCIATION Staff report given by Interim Police Chief Sean Thuilliez Buzz Doff spoke on behalf of the Cherry Festival Association and presented Council with a plaque in appreciation and answered questions by Council. No Speakers Public comment opened and closed at 8:19 p.m. Motion to approve fee waiver of facility use fees in the amount of $2,206.00 to support the Cherry Festival Association by Council Member Orozco Second by Council Member Knight Approved by a unanimous vote City of Beaumont AGENDA February 16, 2016 Page 5 of 7 d. TENTATIVE TRACT MAP 36783 FAIRWAY CANYON PA 21 A Staff report given by Planning Director Rebecca Deming and answered questions from Council. Cherryl Thompson from Argent answered questions from Council. June Lindsey spoke on behalf of the Beaumont Unified School District and answered questions from Council. Public Hearing opened at 9:00 p.m. Ron Roy — Expressed concern of approving Tentative Tract Map 36783. June Lindsey— Clarified the ownership of the land. Public Hearing closed at 9:05 p.m. Motion to continue the item to the March 15, 2016 meeting by Pro Tem White Second by Council Member Orozco Motion and second withdrawn Motion to continue this item to April 19, 2016 by Mayor Pro -Tem White Second by Council Member Orozco Motion and second withdrawn June Lindsey asked for further clarification. Cherryl Thompson clarified the notification to the residents of Fairway Canyon. Motion to approve Tentative Tract Map No. 36783 (15 -TM -01) with the attached conditions of approval as presented with the language of "shall work with the school district" as an added condition of 6.10 by Council Member Knight Second by Mayor Lara Ayes: Council Member Knight, Mayor Lara Noes: Mayor Pro -tem White, Council Member Condon, Council Member Orozco Motion failed by a 2-3 vote Motion to continue this item of approving Tentative Tract Map No. 36783 to April 19, 2016 to give the school district time to hold a board meeting by Mayor Pro -Tem White Second by Council Member Orozco Ayes: Mayor Pro Tem White, Council Member Condon, Council Member Orozco City of Beaumont February 16, 2016 Noes: Mayor Lara, Council Member Knight Motion passed by a 3-2 vote e. RESOLUTIONS FOR EMPLOYER PAID MEMBER CONTRIBUTIONS Staff report given by Administrative Services Director, Kari Mendoza No Speakers Public Comment opened and closed at 9:26 p.m. AGENDA Page 6 of 7 Motion to Rescind Resolution No. 2009-17 and approve. Resolution No. 2016-8, 2016-9 and 2016-10 with the changes that were given tonight by Mayor Pro Tem White Second by Council Member Orozco Approved by unanimous vote f. ECONOMIC DEVELOPMENT COMMITTEE Staff report given by Planner, Kyle Warsinski. Motion to establish a two person ad-hoc committee with two council members for the economic development committee by Mayor Pro Tem White Second by Knight Approved by unanimous vote g. CITY ATTORNEY INVOICES — JANUARY 2015 City Attorney, John Pinkney recused himself. Public Comment opened and closed at 9:39 p.m. Motion to approve invoices in the amount of $74,916.78 by Council Member Orozco Second by Mayor Pro Tem White Approved by unanimous vote 5. CITY. MANAGER REPORT a. Reports on Department Activities 1) Future Agenda Items City of Beaumont February 16, 2016 AGENDA Page 7of7 Report given by Interim City Manager Elizabeth Gibbs. Gave an update on the recruitment of Public Works Director, announced plans for a workshop on the Treatment Plant and a tentative budget timeline. b. Calendar of Events 1) Community Outlook 6. CITY CLERK REPORT 7. CITY ATTORNEY REPORT a. Status of Beaumont Litigation 8. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. a. Approval of Warrants dated February 11, 2016 b. Approval of Warrants dated February 16, 2016 C. Approve Tentative Tract Map 33680 One -Year Time Extension d. Purchase Order TRAN 2016-06, two (2) 40' buses. e. Nedeltochev Lien Release and Payment Agreement f. COP Logic Service Agreements g. Lexipol Subscription and Management Fee h. Approve League of California Cities Invoice No. 158453 — Option #2 L Authorize Settlement and Release of Claims to Sheryl Acosta Motion to approve items 8a, 8b, 8c, 8d, 8e, 8f, 89, 8h, 81 by Mayor Pro Tem White Second by Council Member Knight Approved by unanimous vote Adjourned to the continuation of Closed Session at 10:02 pm Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and app Julio Martir}gzrl'f I, Bedumopt City Date: V 3 -/ t MINUTES Beaumont City Council Special Meeting Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 350 Brookside Ave, Beaumont, California Monday, February 22, 2016 Page 1 of 3 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. Closed Session: Closed Session began at 5:00 p.m. Place: 350 Brookside Ave Beaumont Unified School District Roll Call: Mayor Lara, Mayor Pro -Tem White, Council Member Knight and Council Member Orozco were all present. Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: None Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION: Public comment opened at 5:02 p.m. Libi Uremovic: Expressed her concerns with the current Community Facilities Districts. Public Comments closed at 5:04 p.m. Closed Session was adjourned at 5:04 p.m. for the Council to privately discuss the matters before them. REGULAR SPECIAL MEETING City of Beaumont February 22, 2016 CITY COUNCIL �.: ECIAL MEETING MINUTES Page 2 of 3 Regular Session began at 6:04 p.m. Place: 350 Brookside Ave Beaumont Unified School District Roll Call: Mayor Lara, Mayor Pro -Tem White, Council Member Knight and Council Member Orozco were all present. Action on any requests for excused absence: None Pledge of Allegiance: Led by Mayor Lara Invocation: Led by Pastor Chris Johnson Report from Closed Session: Item 1 a CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION No reportable action. Approval/Adjustments to Agenda: None Conflict of Interests Disclosure: None Announcements/Recognitions/Proclamations/Correspondence: None 1. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA): Any one person may address the City Council on any matter not on this agenda. !f you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Public Comment opened at 6:06 p.m. Bob Schoberth - Expressed his concern of the lawfulness of the meeting due to the large volume of attendees and the allowed capacity of the facility. Public Comment closed at 6:06 p.m. 2. ACTION ITEMS/PUBLIC HEARINGS/REQUESTS a. COMMUNITY FACILITIES DISTRICT PRESENTATION Public comment opened at 7:20 p.m. Angela Briz-Garcia — expressed concern of Community Facilities District taxes. Libi Uremovic — expressed concern of Community Facilities District taxes. Dr. Michael A. Kirby — asked council to vote down on the two percent increase on the CFD's and would like clarification on the FBI investigation. Pete Antoine — asked for clarification on the prepayment calculation amount for his property's CFD and the fees associated. City of Beaumont February 22, 2016 CITY COUNCIL I;;,. -ECTAL MEETING MINUTES Page 3 of 3 Steve McAdamis - Expressed concerns with the recorded liens in association with multiple improvement areas. John Dyson — Gave a summary of why CFD's were created. Karen Hawkesworth — Asked for a copy of the letter issued to the State Department of Finance when RDA was dissolved. Asked to postpone any decisions regarding the CFD until the reconciliation has been complete. Alan Hollosy - *Did not approach the Council* Ron Mysel - Asked about details of the CFD's and where the money has been spent and for council to help the residents with eliminating the two percent increase. Also asked for clarification on the letter he received from K. Hovnanian. Steve Mehiman - Spoke about the property tax disclosure he received and expressed his concern of getting false information Judith Bingham — Expressed concern of the Community Facilities District taxes. Cathy Colt — Expressed her concern for the accounting of individual CFD payments. Public Comment closed at 8:15 p.m. Brian Forbath with Slovak Baron Empey Murphey & Pinkney LLP (SBEMP), Michael Busch with Urban Futures and Shane Spicer with Albert A. Webb Associates answered questions from the Council. Motion to Receive and file by Council Member Knight Second by Mayor Pro Tem White Approved by unanimous vote Adjournment of the City Council Special Meeting of February 22, 2016 at 8:14 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and approved by: Julio Martini; if B6aumonl)City Clerk Date: 5 I `-f -1 /- 6 MINUTES Beaumont City Council Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Tuesday, March 1, 2016 Page 1 of 8 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disabilitv-related modification or accommodation. Closed Session began at 5:02 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Council Member Condon, Council Member Knight, and Council Member Orozco were present. Mayor Pro Tem White was absent. Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: Items a and f are duplicates, request to remove item f. Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION Judy Bingham - Commented on the City's subpoena. Public Comment closed at 5:05 p.m. Closed session was adjourned at 5:05 p.m. for the Council to privately discuss the matters before them. REGULAR MEETING Point of Action by Mayor Lara - Mayor Pro Tem White was in attendance in the entire Closed Session Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Report from City Attorney regarding Closed Session Items: City of Beaumont March 1, 2016 AGENDA Page 2 of 8 a. Conference with Labor Negotiator — Pursuant to Government Code Section 54957.6. City Designated Representative Interim City Manager Elizabeth Gibbs or her designee. • Police Officers Association • Police Safety Support Services No reportable action b. Personnel Matters — Evaluation of Interim City Manager — Pursuant to Government Code Section 54957(b). No reportable action C. Conference with Labor Negotiators pursuant to Government Code Section 54957.6: City designated representatives Mayor Mike Lara and Mayor Pro Tem Lloyd White. Unrepresented Employee (Interim City Manager) No discussion, continued to the end of the meeting d. Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(4)—Consideration of initiating potential litigation against MUFG Union Bank NA/Union Bank (one potential case) No reportable action e. Conference with legal counsel to consider initiation of potential litigation pursuant to Government Code Section 54956.9(d)(4) (two potential cases). No reportable action Conference with legal counsel -- Consideration of Initiating potential litigation pursuant to Government Code Section 54956.9 (d)(4). (two potential cases). Removed g. Conference with legal counsel and consideration of possible resolution of worker's compensation claim pursuant to Government Code Section 54956.95: (Case No. 002922 002946 002945 Agency Claimed Against: City of Beaumont.) Motion to approve a settlement of the workers comp claim by Mayor Pro Tem White Second b Council Member Knight Approvedbyunanimous vote Regular Session began at 6:10 p.m. Place: Beaumont Civic Center Action on any requests for excused absence: None City of Beaumont March 1, 2016 Pledge of Allegiance led by Mayor Lara Invocation led by Ken Grimes Approval/Adjustments to Agenda: None Conflict of Interests Disclosure: Mayor Pro AGENDA Page 3of8 Tem White will recuse himself from item 4f. An nou ncements/Recognitions/Proclamations/Correspondence: Tom Willis from Chad Mayes office of District 42 presented a memorial resolution in memorial of Jeff Fox Sr. Michael Fox accepted the resolution on behalf of the family. PUBLIC COMMENT PERIOD ITEMS NOT ON THE AGENDA Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Public Comment opened at 6:22 p.m. Judy Bingham — Expressed her concerns of the most recent CFD workshop. John Halliwell — Expressed his concerns of the most recent CFD workshop, Utility Users Tax, and a safety concern of the railroad and San Timoteo intersection Public Comment closed at 6:28 p.m. 2. COUNCIL REPORTS This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel. Condon —Attended the SEIU convention White — Attended the Symetra Tour at the Tukwet Canyon Golf Course Lara — Gave a thank you for the organization of the workshops. Asked consensus of the council to hold future meetings at the School District. Knight agreed, Orozco has reservations regarding the school's current inability to provide video of the meetings. Orozco — Nothing to report. Knight — Attended the Fire and Ice Gala and the Citizens Volunteer Program Recognition Dinner as well as met with the Calimesa City Manager to discuss a possible new bus route. Police Chief, Sean Thuilliez was called upon to give a report on the Citizens Volunteer Program. 3. CITY TREASURER REPORT Treasurer, Nancy Carroll gave an update on the current warrants, the weekly finance meetings. Also reported that the Finance Department is getting prepared for the financial audit starting next week. 4. ACTION ITEMS/PUBLIC HEARINGS/REQUESTS City of Beaumont March 1, 2016 a. RESOLUTION AUTHORIZING ISSUANCE OF SUBPOENAS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 37104 ORDERING MUFG UNION BANK, N.A. TO PRODUCE BOND REQUISITION AND RELATED DOCUMENTS. Staff report given by City Attorney John Pinkney. Public Comment opened at 6:50 p.m. Judy Bingham — Expressed her concern of Union Bank and the City. Public Comment closed at 6:54 p.m. AGENDA Page 4 of 8 After asked by Council Member Knight, Interim City Manager, Elizabeth Gibbs confirmed that the City is currently processing a Request for Proposal for a new trustee bank. Council Member Condon requested a consensus to send the letter to the District Attorney's Office Pinkney confirmed that a copy would be forwarded to the District Attorney's Office Motion to adopt resolution authorizing the issuance of subpoenas ordering union Bank to produce bond requisitions and related documents by Council Member Orozco Second by Council Member Knight Approved by unanimous vote b. CFD & MITIGATION FEE FUNDS STATUS REPORT (DECEMBER 1, 2015 — MARCH 1, 2016) Presentation given by David Siris and Michael Busch with Urban Futures Public Comment opened at 7:23 p.m. Judy Bingham — Expressed concern regarding Urban Logic invoices. Duane Burk — Asked questions regarding how the reconciliation was being processed. Public Comment closed at 7:26 p.m. Motion to receive and file by Council Member Knight Second by Council Member Condon Approved by unanimous vote C. PROPOSAL TO EXPAND PASS TRANSIT SERVICES INTO THE CITY OF CALIMESA City of Beaumont AGENDA March 1, 2016 Page 5 of 8 Presentation given by Management Analyst Celina Cabrera and answered questions from Council. Orozco — Asked to ensure we are taking safety measures for our riders White — Asked for possible alternates of the bus stop near the school Lara — Asked what the impact would be on our fleet and asked to confirm that City staff would not be installing the bus stops in Calimesa. Gibbs — Confirmed that all costs to this project would be grant funded. White — Asked if Mesa View students residing in Beaumont could ride this bus to school Cabrera — Responded with a confirmation that it would be intended to do so. Motion to approve the proposed route in concept and direct staff to move forward with finalizing the route and complimentary dial -a -ride service; and present same to the City of Calimesa City Council at their March 7, 2016 regular meeting; and present final revenue and expenditure calculations during the FY2017 Short Range Transit Plan process by Council Member Knight Second by Orozco Approved by unanimous vote d. SOFTWARE REPLACEMENTIENHANCEMENT Staff report given by Interim Finance Director Melana Taylor and Planning Director Rebecca Deming and answered questions from Council. Mayor Pro Tem White — Asked questions regarding additional training costs that would be involved and the security of the sensitive data. No Public Speakers Public Comment opened and closed at 8:18 p.m. Motion to authorize the City Manager to execute a Standard Software License and Services Agreement with Incode for the replacement of Great Plains accounting software in the total amount of $55,900.00; and the enhancement and integration of existing Incode and BasicGov software utilized by other departments in the total amount of $114,500.00, which will be incurred over two fiscal periods by Council Member Orozco Second by Council Member Condon Approved by unanimous vote e. FORD CREDIT MUNICIPAL FINANCE LEASE -PURCHASE PROGRAM Staff report given by Police Chief Sean Thuilliez and answered questions by Council. No Public Speakers Public Comment opened and closed at 8:21 p.m. City of Beaumont March 1, 2016 AGENDA Page 6 of 8 Motion to approve and authorize the lease of three (3) new police patrol vehicles from Fritts' Ford for $95,143.00 over four years for expenditure from Police Department budget account 01-2050-6040 by Mayor Pro Tem White Second by Council Member Knight Approved by unanimous vote f. AMENDMENT NO. 4 TO TOLLING AGREEMENT BETWEEN CV COMMUNITIES, LLC, THE CITY OF BEAUMONT AND THE CITY OF CALIMESA Mayor Pro Tem White recused himself due to the proximity of the location. Staff report given by City Attorney John Pinkney Public Comment opened at 8:33 p.m. Judy Bingham — (did not approach the Council) Mike White — Reported that the CV Communities and City of Calimesa are making progress Public Comment closed at 8:35 p.m. Motion to approve Amendment No. 4 to Tolling Agreement between CV Communities, LLC, the City of Beaumont and the City of Calimesa by Council Member Knight Second by Council Member Orozco Approved by unanimous vote 5. CITY MANAGER REPORT a. Reports on Department Activities Interim City Manager, Elizabeth Gibbs gave a report on future agenda items, the proposed Budget Timeline for FY 2016-2017. Asked for a consensus that Council direct the committee to attend some of the budget presentations at the City Council Meetings. Corporal Joshua Galbraith gave an update on the City's Operations of Emergencies Services Interim City Manager Gibbs announced a list of upcoming events: Avery and Associates will be holding a community forum here on March 8th at 7:00 p.m. State of the City will be on May 26th at Four Seasons Reported an Attorney Services Request form that has been created help in cost savings. E-mail request by the Beaumont Cherry Valley Water District for Council to attend the YVWD and SGPWA Joint Meeting on regional water issues Request on March 10th at 6:00 p.m. City of Beaumont AGENDA March 1, 2016 Page 7 of 8 b. Calendar of Events 1) Community Outlook 6. CITY CLERK REPORT City Clerk, Julio Martinez gave an update on current Public Records Requests and the City Council Minutes. 7. CITY ATTORNEY REPORT None to report 8. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. a. Approval of IE Cares — Vehicle for Hire b. Approve FY 15-16 Riverside County Flood Control Cost Sharing Consultant Services of $15,323.36 C. Approval of Warrants dated February 18, 2016 d. Approval of Warrants dated February 25, 2016 e. Approval of amendment amount of $9,447.22 to Purchase Order PD2015-30 for CYRUN maintenance/support and RAIDS f. Approve Purchase Order TRAN 2016-08, one Type E bus and one Type C bus. g. Authorize ratification of the Hanarahan Settlement Agreement h. Approve Purchase Order PW 2016-08 in the amount of $100,000 for Willdan Services to perform NPDES permit compliance and monitoring. L Approve Purchase Order PW 2016-09 in the amount of $20,156.00 for Watermaster Task Orders 9 and 10. j. Approve Request for Proposal to provide NPDES Stormwater and MS4 Permit Compliance Services k. Approve an increase Purchase Order PW 2016-06 in the amount of $20,000 for temporary staffing services in Public Works I. Approve Purchase Order PW 2016-12 for wastewater treatment plant operation services Request to pull 8a by Council Member Condon Motion to approve items 8b — 81 by Council Member Orozco Second by Council Member Knight Approved by unanimous vote a. Approval of IE Cares — Vehicle for Hire Council Member Condon — Asked the questions regarding insurance coverage City of Beaumont AGENDA March 1, 2016 Page 8 of 8 Motion to approve Item 8a by Mayor Pro Tem White Second by Council Member Knight Approved by unanimous vote Adjournment of the City Council of the March 1, 2016 Meeting at 9:05 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and approved by: Ju ' rtinez II, Beau ont City Clerk Date: `/If 3 1 ( MINUTES Beaumont City Council Special Meeting Closed Session (5:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Monday, March 7, 2016 Page 1 of 2 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. Closed Session began at 5:03 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: None Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION Public Comment opened at 5:05 p.m. Frank Velasquez — Spoke on behalf of the Beaumont Police Officers Association in support of Elizabeth Gibbs as the Interim City Manager and the continuance of her position as Interim. Public Comment closed at 5:09 p.m. Closed session was adjourned at 5:10 p.m. for the Council to privately discuss the matters before them. Report from City Attorney regarding Closed Session Items: a. Evaluation of Interim City Manager pursuant to Government Code Section 54957(b) No reportable action. City of Beaumont March 7, 2016 b. Consideration of Appointment/Employment of City Manager pursuant to Government Code Section 54957(b) No reportable action. MINUTES Page 2 of 2 Adjournment of the City Council of the March 7, 2016 Meeting at 7:30 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and approved by: Julio Marfipeez III, Beaumor&WClerk Date: ( l G /I MINUTES Beaumont City Council Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Tuesday, March 15, 2016 Page 1 of 9 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. Closed Session began at 5:05 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: Items a, d and g will be continued to the next closed session of March 22, 2016 Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION No speakers Public Comment opened and closed at 5:06 p.m. Closed session was adjourned at 5:06 p.m. for the Council to privately discuss the matters before them. REGULAR MEETING Regular Session began at 6:12 p.m. Place: Beaumont Civic Center Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Report from City Attorney regarding Closed Session Items: a. Conference with Labor Negotiator — Pursuant to Government Code Section 54957.6. City Designated Representative Interim City Manager Elizabeth Gibbs or her designee. City of Beaumont March 15, 2016 • Police Officers Association • Police Safety Support Services Continued to March 22, 2016 b. Personnel Matters — Evaluation of Interim City Manager — Pursuant to Government Code Section 54957(b). Continued to the end of the meeting MINUTES Page 2 of 9 C. Conference with Labor Negotiators pursuant to Government Code Section 54957.6: City designated representatives Mayor Mike Lara and Council Member Orozco. Unrepresented Employee (Interim City Manager) Continued to the end of the meeting d. "Conference with Legal Counsel — Anticipated Litigation: Significant exposure to litigation pursuant to Government Code paragraph (2) or (3) of subdivision (d) of Section 54956.9: (One potential case Brookfield TRR, LLC adv City of Beaumont re demand for release of performance bond)." Continued to March 22, 2016 e. Consideration of Appointment/Employment of City Manager pursuant to Government Code Section 54957(b) Continued to the end of the meeting Conference with Legal Counsel Regarding Existing Litigation -Pursuant to Government Code Section 54956.9(d)(1) (One Case: Western Riverside Council of Governments v. City of Beaumont [Case Number RIC 536164] (Appeal Filed)). No. reportable action g. Conference with legal counsel -- Consideration of Initiating potential litigation pursuant to Government Code Section 54956.9 (d)(4). (two potential cases). Continued to March 22, 2016 h. Conference with Legal Counsel — Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) (three potential cases: Possible Action to deny, approve or settle three claims submitted by the following claimants: Ponloeu Lao City of Beaumont March 15, 2016 Motion to deny claim by Mayor Lara Second by Council member Condon Approved by unanimous vote 2. Aryn Love Turner/Aaron Turner/Alicia Turner Motion to deny claim by Mayor Pro Tem White Second Council Member Knight Approved by unanimous vote 3. Ed Bingham Motion to deny claim by Mayor Pro Tem White Second by Mayor Lara Approved by unanimous vote Action on any requests for excused absence: None Pledge of Allegiance led by Mayor Pro Tem White Invocation led by Jerry Westholder Approval/Adjustments to Agenda: None Conflict of Interests Disclosure: None Announcements/Recognitions/Proclamations/Correspondence: None MINUTES Page 3 of 9 1. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Public Comment opened at 6:15 p.m. John Turner — Spoke regarding recent immigration laws Judy Bingham — (requested to pass) Marc Stamper— Presented a donation from the Freedom of Christ Church Public Comment closed at 6:24 p.m. 2. COUNCIL REPORTS This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel. Council Member Condon — Gave a thank you to the Freedom of Christ Church Council Member Knight — Attended the Hadley's opening and the bridge ceremony in Banning. Shared a thank you from Calimesa regarding the Pass Transit expansion. Mayor Lara — Judging an upcoming talent show at Beaumont High School Council Member Orozco — No report City of Beaumont March 15, 2016 MINUTES Page 4 of 9 Mayor Pro Tem White — Attended the Pass Water Agency and Water District joint meeting. 3. CITY TREASURER REPORT Treasurer Carroll gave a summary on: a. Warrants b. Travel Expense for Certified Municipal Treasurer's Association c. Update on weekly meeting with staff d. Update on Standing Financial Committee Meeting 4. ACTION ITEMS/PUBLIC HEARINGS/REQUESTS a. UPDATE AND POSSIBLE LEGAL ACTION REGARDING PRODUCTION OF BOND RECONCILIATION DOCUMENTS BY UNION BANK PURSUANT TO LEGISLATIVE SUBPEONA ISSUED ON MARCH 1, 2016 Staff report given by City Attorney, John Pinkney Public Comment opened and closed at 6:44 p.m. Motion to receive and file by Council Member Condon Second by Mayor Lara Approved by unanimous vote b. RESOLUTION AUTHORIZING THE ISSUANCE OF SUBPEOPNAS COMPELLING THE APPEARANCE AND TESTIMONY OF WITNESSES AND PRODUCTION OF DOCUMENTS RELATED TO CITY'S INVESTIGATION INTO THE USE OF BOND PROCEEDS Staff report given by City Attorney, John Pinkney Public Comment opened at 6:57 p.m. Judy Bingham — Spoke about Public Record Requests Public Comment closed at 6:59 p.m. Motion to adopt resolution authorizing the issuance of subpoenas compelling the appearance and testimony of witnesses and production of documents related to the City's investigation into the use of bond proceeds by Council Member Orozco Second by Mayor Pro Tem White Approved by unanimous vote C. EMPLOYMENT AGREEMENT FOR CHIEF OF POLICE City of Beaumont MINUTES March 15, 2016 Page 5 of 9 Staff report given by Interim City Manager, Elizabeth Gibbs No speakers Motion to authorize the Mayor to execute the Employment Agreement for the Police Chief for the City of Beaumont by Mayor Pro Tem White Second by Mayor Lara Approved by unanimous vote d. EMPLOYMENT AGREEMENT FOR PUBLIC WORKS DIRECTOR/ENGINEER Staff report given by Interim City Manager, Elizabeth Gibbs Public Comment opened at 7:18 p.m. Judy Bingham — Expressed concerns Public Comment closed at 7:21 p.m. Motion to authorize the mayor to execute the Employment Agreement for the Public Works Director/Engineer by Mayor Pro Tem White Second by Council Member Knight Approved by unanimous vote e. AWARD OF CONTRACT: ON-CALL ENVIRONMENTAL SERVICES Staff report given by Planning Director Rebecca Deming and answered questions from Council. Public Comment opened and closed at 7:44 p.m. Motion to approve the on-call services contract (Exhibit B) and Purchase Orders (Exhibit C) with the Chambers Group, Inc and Albert A. Webb Associates subject to the City Attorney making non -substantive changes by Mayor Pro Tem White Second by Council Member Condon Approved by unanimous vote f. AWARD OF CONTRACT: AERATION SERVICE Staff report given by Interim City Manager, Elizabeth Gibbs and answered questions from Council. Public Comment opened and closed at 7:50 p.m. City of Beaumont March 15, 2016 MINUTES Page 6 of 9 Motion to award contract to High Desert Underground, Inc. in the amount of $964,800; and Authorize the Mayor to sign the contract after review of the legal counsel and with no substantive changes; and Issue Purchase Order PW 2016-11 in the. amount of $964,800 to be paid from the Sewer Enterprise Fund, 10-4050- 4060-0000 by Council Member Knight Second by Mayor Pro Tem White Approved by unanimous vote g. Approval of Changes to Authorized Position List FY 15116 Staff report given by Administrative Services Director, Kari Mendoza and answered questions from Council. Public Comment opened and closed at 8:01 p.m. Motion to approve an amendment to the Authorized Positions List eliminating the existing titles and accepting the newly proposed titles as presented by Mayor Pro Tem White Second by Council Member Orozco Approved by unanimous vote h. CITY ATTORNEY INVOICES — FEBRUARY 2016 City Attorney recused himself for Item H. Staff report given by Interim City Manager, Elizabeth Gibbs and answered questions from Council Public Comment opened at 8:04 p.m. Judy Bingham — Spoke about the amount of payments made to the City Attorney. Public Comment closed at 8:06 p.m. Motion to approve invoices in the amount of $59,504.95 by Mayor Pro Tem White Second by Council. Member Knight Approve by unanimous vote 5. CITY MANAGER REPORT a. Reports on Department Activities 1) Future Agenda Items 2) Standing Financial Committee applications 3) Council Video Bids City of Beaumont March 15, 2016 MINUTES Page 7 of 9 Report was given by Interim City Manager, Elizabeth Gibbs of upcoming events and important dates and future agenda items. Kari Mendoza gave a staff report on Council Video Bids. b. Calendar of Events 1) Community Outlook 6. CITY CLERK REPORT Report given by City Clerk, Julio Martinez regarding Public Records Requests. 7. CITY ATTORNEY REPORT Status of litigation reported by City Attorney, John Pinkney. 8. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. a. Approval of January 19, 2016 Minutes b. Approval of January 25, 2016 Minutes C. Approval of February 2, 2016 Minutes d. Approval of February 22, 2016 Minutes e. Approval of Warrants dated March 03, 2016 f. Approval of Warrants dated March 10, 2016 g. Approval of Final Map for Tract 36435 h. Approval of PO AD 2016-12a in the amount of $88,000 I. Travel Expense — City Treasurer j. Approval of RFP for Bond of Trustee Services Request to pull Items 8i, 8g and 8h Motion to approve Items 8a, 8b, 8c, 8d, 8e, 8f, and 8j by Council Member Knight Second by Mayor Lara Approved by unanimous vote g. Approval of Final Map for Tract 36435 Planning Director, Rebecca Deming answered questions from Council. No speakers Motion to approve Final Map for Tract 36435 by Mayor Pro Tem White Second by Council Member Knight Approved by unanimous vote City of Beaumont MINUTES March 15, 2016 Page 8 of 9 h. Approval of PO AD 2016-12a in the amount of $88,000 Administrative Services Director, Kari Mendoza answered questions from Council. No speakers Motion to approve PO AD 2016-12a in the amount of $88,000 by Council Member Knight Second by Mayor Lara Approved by unanimous vote i. Travel Expense — City Treasurer City Treasurer, Nancy Carroll answered questions from Council. No speakers Motion to approve travel expense Mayor Pro Tem White Second by Council Member Orozco Approved by unanimous vote Motion to continue this regular meeting to March 22nd 2016 by Mayor Lara Second by Council Member Knight Approved by unanimous vote Adjournment to the continued Closed Session items at 9:55 p.m. b. Personnel Matters — Evaluation of Interim City Manager — Pursuant to Government Code Section 54957(b). No Reportable action C. Conference with Labor Negotiators pursuant to Government Code Section 54957.6: City designated representatives Mayor Mike Lara and Council Member Orozco. Unrepresented Employee (Interim City Manager) No reportable e. Consideration of Appointment/Employment of City Manager pursuant to Government Code Section 54957(b) No reportable action Adjournment of the City Council of the March 15, 2016 Meeting at 11:14 p.m. City of Beaumont March 15, 2016 Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and Julio Martingf-i!1,/geauftiont City C Date: 5-/ 1°) 1 10 MINUTES Page 9 of 9 MINUTES Adjourned Regular Meeting and Special Meeting of Beaumont City Council Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Tuesday, March 22, 2016 Page 1 of 6 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. Closed Session began at 5:04 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: None Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION No Speakers Closed session was adjourned at 5:05 p.m. for the Council to privately discuss the matters before them. REGULAR MEETING Regular Session began at 6:17 p.m. Place: Beaumont Civic Center Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Report from City Attorney regarding Closed Session Items: City of Beaumont MINUTES March 22, 2016 Page 2 of 6 a. Conference with Labor Negotiator — Pursuant to Government Code Section 54957.6. City Designated Representative Interim City Manager Elizabeth Gibbs or her designee. • Police Officers Association • Police Safety Support Services No reportable action b. Personnel Matters — Evaluation of Interim City Manager — Pursuant to Government Code Section 54957(b). No reportable action C. Conference with Labor Negotiators pursuant to Government Code Section 54957.6: City designated representatives Mayor Mike Lara and Council Member Orozco. Unrepresented Employee (Interim City Manager) Continued to the end of Regular Session d. Consideration of Appointment/Employment of City Manager pursuant to Government Code Section 54957(b) Continued to the end of Regular Session e. Conference with Legal Counsel re Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d) (2)or(3) (one potential case). No reportable action f. Conference with Legal Counsel — Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d) (2)or(3): (one potential case: Brookfield TRR, LLC adv City of Beaumont re demand for release of performance bond). Continued to the end of Regular Session g. Conference with Legal Counsel -- Consideration of Initiating potential litigation pursuant to Government Code Section 54956.9 (d)(4). (one potential case: adverse to Heartland LV re performance bonds). Continued to the end of Regular Session Action on any requests for excused absence: None Pledge of Allegiance led by Council Member Condon Approval/Adjustments to Agenda: None Conflict of Interests Disclosure: None City of Beaumont MINUTES March 22, 2016 Page 3 of 6 Announcements/Recognitions/Proclamations/Correspondence: California Federation Women's Club PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA): Any one person may address the City Council on any matter not on this agenda. if you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Public Comment opened at 6:21 p.m. Judy Bingham — Spoke regarding a Public Records Request Ron Roy — Asked questions of Council and spoke about Palmer Park Public Comment closed at 6:26 p.m. 2. ACTION ITEMS/PUBLIC HEARINGS/REQUESTS a. DISSOLUTION OF IMPROVEMENT AREA NO. 19B OF CFD NO. 93-1 AND FORMATION OF CFD NO. 2016-1 (FAIRWAY CANYON) Staff report given by Brian Forbath of Stradling, Yocca and Carlson and Richard Wall of Webb and Associates. Public Comment opened at 6:30 p.m. Judy Bingham — Expressed concerns, spoke in opposition. Ron Roy — Expressed concerns, asked questions of Council. Michael Turner— Representing Argent Management, spoke in favor. Comments read into the record on behalf of Libi Uremovic — spoke in opposition. Comments read into the record on behalf of Bruce Cook — representing SDC Fairway Canyon, spoke in favor. Public Comment closed at 6:43 p.m. Motion to adopt Resolution of the City Council declaring its intention to Establish City of Beaumont CFD 2016-1 (Fairway Canyon), to authorize the Levy of a Special Tax to Pay the Cost of Acquiring or Constructing Certain Public Facilities and Paying for Certain Incidental Expenses and to Pay Debt Service on Bonded Indebtness. Adopt Resolution of the City Council of the City of Beaumont to Incur Bonded Indebetness within CFD 2016-1. Approve the Reimbursement Agreement. With the additional condition of drafting Financial Policies for CFD's by Council Member Orozco Second by Council Knight Ayes: Orozco, Knight, Condon, Lara City of Beaumont March 22, 2016 Noes: White Approved by a 4-1 vote b. CALIFORNIA MUNICIPAL FINANCE AUTHORITY — DONATION ALLOCATION Staff report given by Planner, Kyle Warsinski. Public Comment opened at 7:28 p.m. Judy Bingham — Expressed concerns regarding Public Records Request Sean Balingit — Gave a suggestion for the donation to Habitat for Humanity Public Comment closed at 7:31 p.m. MINUTES Page 4of6 Motion to direct the funds to the Friends of the Beaumont District Library by Council Member Orozco Second by Mayor Pro Tem White Ayes: Orozco, Condon, Knight, White Noes: Lara Approved by a 4-1 vote C. NON-COMMERCIAL AND POLITICAL SIGN PERMITS AND REGULATIONS Staff report given by Economic Development Director, Rebecca Deming. Public Comment opened at 7:50 p.m. Duane Burk — Expressed concerns. Public Comment closed at 7:52 p.m. Direction to bring back an ordinance with options at a future meeting. Mayor called for a 5 minute recess. d. ECONOMIC DEVELOPMENT COMMITTEE MAKEUP AND APPOINTMENT OF TWO COUNCIL MEMBERS Staff report given by Planner, Kyle Warsinski. No Speakers Public Comment opened and closed at 8:30 p.m. Motion to Approve the Committee makeup as presented, appoint Condon and Orozco and direct staff to work with the two appointed Council members to solicit City of Beaumont March 22, 2016 MINUTES Page 5 of 6 local representatives who may be interested in working on the Committee by Mayor Pro Tem Lara Second by Council Member Knight Approved by unanimous vote e. CONTRACT AWARD FOR BUS SHELTER & ASSEMBLY INSTALLATION RFP Staff report given by Management Analyst, Celina Cabrera. No speakers. Public Comment opened and closed at 8:38 p.m. Motion to approve staff's recommendations 1, 2, and 3. (approve staff's recommendation to accept ND Construction Company's proposal and award contract for the assembly and installation of 8 bus shelters in or City. Authorize Mayor to execute the contract with ND Construction Company for their services subject to City Attorney review with non -substantive changes. Approve PO TRAN 2016-10 in the amount of $46,456.00) by Council Member Knight Second by Mayor Pro Tem White Approved by unanimous vote 5. CITY MANAGER REPORT No Report 6. CITY CLERK REPORT No report 7. CITY ATTORNEY REPORT No report 8. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. a. Approval of RFP — Transit Fleet Video/Audio b. Warrant List dated March 17, 2016 C. Approval of a Notice of Completion — WWTP Headworks Expansion d. Approval of settlement agreement with Arturo Torres in the amount of $843.00 e. Approval of settlement agreement with Farmers Insurance in the amount of $5905.24 City of Beaumont March 22, 2016 MINUTES Page 6 of 6 Motion to approve the Consent Calendar Items 8a through 8e by Mayor Pro Tem White Second by Council Member Orozco Approved by unanimous vote Adjournment of the City Council of the March 1, 2016 Meeting at 8:42 p.m. to reconvene to Closed Session. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and approved by: Julio Martinez IIS,, j+ uihont City'Qlerk Date: Q 1 1 I MINUTES Beaumont City Council Special Meeting Regular Session (6:00 p.m.) Beaumont Financing Authority .Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California March 28, 2016 Page 1 of 2 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. REGULAR MEETING Regular Session began at 6:05 p.m. Place: Beaumont Civic Center Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Action on any requests for excused absence: None Pledge of Allegiance led by Mayor Lara Approval/Adjustments to Agenda: None Conflict of Interests Disclosure: None Announcements/Recognitions/Proclamations/Correspondence: None 1. PUBLIC COMMENT PERIOD ITEMS NOT ON THE AGENDA): Any one person may address the City Council on any matter not on this agenda. if you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Blair Ball — expressed concerns regarding the sewer enterprise fund Public Comment closed at 6:08 p.m. 2. ACTION ITEMS/PUBLIC HEARINGS/REQUESTS a. PRESENTATION ON WASTEWATER SERVICES 1. Overview of Basin Plan and Compliance Timelines City of Beaumont MINUTES March 28, 2016 Page 2 of 2 2. Potential Solutions 3. Milestones Presentation given by Brian Knoll, of Webb Engineering and answered questions from Council. Public Comment opened at 7:00 p.m. Hope Smythe - Spoke on behalf of Regional Water Board and answered questions from Council John Covington - Asked questions regarding the treatment plant plans Brian Voss - Asked questions regarding future plans of the treatment plant Blair Ball - Expressed concerns of the future plans of the treatment plant and gave suggestions for future plans for the treatment plans Mike Turner- Spoke on behalf of Argent Management and gave input on his suggestions for future plans for the treatment plans Public Comment closed at 7:25 p.m. Brian Knoll answered further questions from Council. Consensus to move forward with RFPs for options A and B as presented. With input on option C as an alternate. In addition we keep the Regional Water Board updated on our plans. Consensus to waive the approval of RFP's by Council prior to sending out. Motion to receive and file by Council Member White Second by Council Member Knight Approved by unanimous vote. Adjournment of the City Council of the March 28, 2016 Meeting at 8:35 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified an ,pproved by: J 1' artinez , Be nt City Clerk Date: 6 / t / 6, MINUTES Beaumont City Council Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6t" Street, Beaumont, California Tuesday, April 5, 2016 Page 1 of 9 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6t" Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting II should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. Closed Session began at 5:07 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: Item being added as an immediate need to make action regarding Morgan vs. City of Beaumont. Conference with legal counsel regarding pending litigation, pursuant to gov code section 54956.9 (d)1 (one case) Morgan vs City of Beaumont RIC1118540 Motion by Mayor Pro Tem White Second by Mayor Lara Approve to add item by unanimous vote Motion to add item by Mayor Pro Tem Lloyd White Second by Mayor Lara Approved by unanimous vote Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION No Speakers. Closed session was adjourned at 5:12 p.m. for the Council to privately discuss the matters before them. City of Beaumont April 5, 2016 REGULAR MEETING Regular Session began at 6:38 p.m. MINUTES Page 2 of 9 Place: Beaumont Civic Center Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Report from City Attorney regarding Closed Session Items: a. Conference with Labor Negotiator — Pursuant to Government Code Section 54957.6. City Designated Representative Interim City Manager Elizabeth Gibbs or her designee. • Police Officers Association • Police Safety Support Services Continued to the next City Council Meeting b. Personnel Matters — Evaluation of Interim City Manager — Pursuant to Government Code Section 54957(b). No reportable action and continued to the end of Regular Session C. Conference with Labor Negotiators pursuant to Government Code Section 54957.6: City designated representatives Mayor Mike Lara and Council Member Orozco. Unrepresented Employee (Interim City Manager) No reportable action and continued to the end of regular Session d. Consideration of Appointment/Employment of City Manager pursuant to Government Code Section 54957(b) No reportable action and continued to the end of Regular Session e. Conference with Legal Counsel re Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)4 (2)or(3) (three potential cases). Continued to the end of Regular Session Conference with Legal Counsel — Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d) (2)or(3): (one potential case: Brookfield TRR, LLC adv City of Beaumont re demand for release of performance bond) No reportable action g. Conference with Legal Counsel -- Consideration of Initiating potential litigation pursuant to Government Code Section 54956.9 (d)(4). (one potential case: adverse to Heartland LV re performance bonds) No reportable action City of Beaumont MINUTES April 5, 2016 Page 3 of 9 h. Conference with Legal Counsel Regardin Existing Litigation -Pursuant to Government Code Section 54956.9($ (1) One Case: Western Riverside Council of Governments v. City of Beaumont Case Number RIC 536164] (Appeal Filed)) No reportable action Conference with legal counsel regarding pending litigation, pursuant to gov code section 54956.9 (d)1 (one case) Morgan vs City of Beaumont RIC1118540 Continued to the end of Regular Session Action on any requests for excused absence: Motion by Mayor Pro Tem white, second by Condon to excuse the City Treasurer's absence. Motion approved by unanimous vote Pledge of Allegiance: Led by Mayor Lara Invocation: Led by Pastor Carey Barnett Approval/Adjustments to Agenda: None Conflict of Interests Disclosure: Interim City Manager, Elizabeth Gibbs will recuse herself for item 3c Announcements/Recognitions/Proclamations/Correspondence: 1. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA): Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Public Comment opened at 6:46 p.m. Steve Harrison — Director and Mountain Bike Head Coach for Beaumont High School positively reported on the program. David Azzolin — Coaches the Beaumont Middle School Mountain Bike Team reported on the positive outcome of the program. Julian Meza — Shared his experience with the Mountain Bike Team. Heleena Fisher— Shared her experience with the Mountain Bike Team. Chris Azzolin — Shared his experience with the Mountain Bike Team. Julia Preciado — Shared her experience with the Mountain Bike Team. Eric Owens — Shared his experience with the Mountain Bike Team. Shawn Dorrough — Shared his experience with the Mountain Bike Team. Dennis Dixson — Shared his experience with the Mountain Bike Team. Ron Roy— Expressed concern of the tract map for the property adjacent to Palmer Park, bonds and lot sizes Judy Bingham — Expressed concerns regarding the Waste Water Treatment Plant. Dan Hughes — Thanked Council for attendance of the Vietnam Veterans Event. Public Comment closed at 7:08 p.m. 2. COUNCIL REPORTS City of Beaumont April 5, 2016 MINUTES Page 4 of 9 This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel. Council Member Condon — Attended the Vietnam Veterans Day Event. Attended the Cesar Chavez event in Banning. Met with Congressman regarding regional issues. Council Member Knight — Attended the Vietnam Veterans Day Event. Attended the League of Cities Lobbying 101. Attended the Aldi Grand Opening. Spoke about possible changes from the Western Riverside County Multiple Species Conservancy regarding authority of fee credits. Mayor Lara — Attended the Park District's Spring Fling. Council Member Orozco — Attended the Aldi Grand Opening. Attended a water workshop. Met with Congressman regarding regional issues. Mayor Pro Tem White — None to report 3. ACTION ITEMS/PUBLIC HEARINGS/REQUESTS a. INDEPENDENT ACCOUNTING FUND RECONCILIATION SERVICES - CFD AND MITIGATION FUNDS STATUS REPORT Report and presentation given by David Sirus with Urban Futures and answered questions from Council. John Pinkney gave an update on the Subpeonas sent to BNY Mellon Public Comment opened at 7:45 p.m. Duane Burk — Asked questions regarding the Regional Park Fee and answered questions by Mayor Pro Tem White Judy Bingham — Spoke regarding a public records request and the reconciliation of CFD funds. Public Comment closed at 7:55 p.m. Motion to receive and file by Mayor Pro Tem White Second by Council member Knight Approved by unanimous vote Mayor Lara asked to move Item 4 before Item B. 4. CITY TREASURER REPORT Report was given by Standing Financial Chair, Diana Harris and Secretary, Jennifer Lindsey. Public Comment opened at 8:05 p.m. Judy Bingham — had questions regarding an item on the warrant list. City of Beaumont MINUTES April 5, 2016 Page 5 of 9 Public Comment closed at 8:07 p.m. b. COMMUNITY FACILITIES DISTRICT NO. 93-1 DEBT SERVICE SCHEDULE PREPARATION — AWARD CONTRACT Staff report given by Interim City Manager Elizabeth Gibbs. Richard Wall and Shane Spicer of Webb and Associates answered questions from Council. Mayor Pro Tem White asked for a consensus to have an item on a future meeting to send a resolution the Department of Finance and Attorney General Office regarding Union Bank. Motion by Mayor Pro Tem White Second by Council Member Orozco Approved by unanimous vote Public Comment opened at 8:30 p.m. Judy Bingham — Spoke regarding debt service schedules. Ron Roy — Expressed concerns regarding debt service schedule Public Comment closed at 8:37 p.m. Public Comment re -opened at 8:42 p.m. Jennifer Burnett — asked questions of Webb and Associates Public Comment closed at 8:43 p.m. Motion to Award contract to WEBB in the amount of $35,000 to perform the Debt Service Schedule research, analysis and preparation subject to City Attorney review with non -substantive changes and issue Purchase Order No. Admin 2016- 28 for said services by Mayor Pro Tem Second by Council Member Condon Approved by unanimous vote Mayor called for a 5 minute break C. EMPLOYMENT CONTRACT WITH INTERIM CITY MANAGER Staff report given by City Attorney, John Pinkney Public Comment opened at 9:03 p.m. Judy Bingham — spoke in opposition Blair Ball — Expressed concerns and questions City of Beaumont April 5, 2016 Public Comment closed at 9:09 p.m. MINUTES Page 6 of 9 Motion to continue this item until further notice by Council Member Orozco Second by Council Member Condon Approved to continue item by unanimous decision d. AWARD OF CONTRACT: BUILDING AND SAFETY PLAN CHECK Staff report given by Building Official, Keith Hightower No Speakers Public Comment opened and closed at 9:20 p.m. Motion to Approve the Professional Services Contract and Purchase Orders with Scott Fazekas and Associates Inc. and CSG Consultants Inc., subject to the City Attorney making non -substantive changes by Mayor Pro Tem White Second by Council Member Knight Approved by unanimous vote e. FIRST READING OF ORDINANCE NO. AMENDING BEAUMONT MUNICIPAL CODE CHAPTER 2.12.070 REGARDING CITY MANAGER REMOVAL Staff report given by City Attorney John Pinkney No Speakers Public Comment opened and closed at 9:27 p.m. Motion to Approval of the first reading of Ordinance No. amending the Beaumont Municipal Code Chapter 2.12.070 regarding City Manager removal by Council Member Orozco Second by Council Mayor Lara Approved by unanimous vote f. FINANCIAL MANAGEMENT POLICIES Staff report given by Interim City Manager, Elizabeth Gibbs No Speakers Public Comment opened and closed at 9:29 p.m. Motion to Approve Financial Management Policies as presented by Mayor Pro Tem White Second by Mayor Lara Approved by unanimous vote City of Beaumont April 5, 2016 5. CITY MANAGER REPORT a. Reports on Department Activities 1) Future agenda items 2) 4th of July Event b. Calendar of Events 1) Community Outlook Report was given by Interim City Manager, Elizabeth Gibbs Public Comment opened at 9:41 p.m. Deanna Ploehn — spoke in favor of a 4th of July event 6. CITY CLERK REPORT City Clerk, Julio Martinez gave a brief report Public Comment opened at 9:45 p.m. Judy Bingham — expressed concerns regarding Public Records Requests Public Comment closed at 9:46 p.m. 7. CITY ATTORNEY REPORT City Attorney, John Pinkney gave a report Opened and closed Public Comment at 9:57 p.m. 8. CONSENT CALENDAR MINUTES Page 7 of 9 Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. a. Ratification of Purchase Order PD 2015-31 - Everbridge b. Ratification of Warrants dated March 24, 2016 C. Ratification of Warrants dated March 31, 2016 d. Approval of Notice of Completion and Exoneration of Performance Bond No. 105392090 e. Approval of Travel Expense for Council Member Orozco — SCAG Conference Request to pull item 8e Motion to approve items 8a, 8b, 8c, and 8d by Council Member Knight Second by Mayor Lara City of Beaumont MINUTES April 5, 2016 Page 8 of 9 Approved by unanimous vote Council Member Orozco recused himself for Item Be. e. Approval of Travel Expense for Council Member Orozco — SCAG Conference Motion to approve item Be of $353.68 less any discounts received by Mayor Pro Tem White Second by Council Member Condon Approved by a 4-0 vote Recused: Orozco Adjournment of the Regular Session, to continue to Closed Session at 10:04 p.m. Report out from closed session Conference with legal counsel regarding pending litigation, pursuant to gov code section 54956.9 (d)1 (one case) Morgan vs City of Beaumont RIC1118540 Motion to not to seek Supreme Court Review of the appelates court decision by White Second Lara Approved by unanimous vote b. Personnel Matters — Evaluation of Interim City Manager — Pursuant to Government Code Section 54957(b). No reportable action C. Conference with Labor Negotiators pursuant to Government Code Section 54957.6: City designated representatives Mayor Mike Lara and Council Member Orozco. Unrepresented Employee (Interim City Manager) No reportable action d. Consideration of Appointment/Employment of City Manager pursuant to Government Code Section 54957(b) No reportable action e. Conference with Legal Counsel re Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)4 (2)or(3) (three potential cases). No reportable action Adjournment of the City Council of the April 5, 2016 Meeting at 11:35 p.m. City of Beaumont April 5, 2016 Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and approved by: Julio nez III, geae t City Clerk Date: 6/014 MINUTES Page 9 of 9 MINUTES Beaumont City Council Special Meeting Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Wednesday, April 13, 2016 Page 1 of 6 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. Closed Session began at 5:04 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: None Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION Public Comment opened and closed at 5:05 p.m. Closed session was adjourned at 5:05 p.m. for the Council to privately discuss the matters before them. REGULAR MEETING Regular Session began at 6:22 p.m. Place: Beaumont Civic Center Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were present Report from City Attorney regarding Closed Session Items: a. Personnel Matters — Evaluation of Interim City Manager — Pursuant to Government Code Section 54957(b) City of Beaumont MINUTES MONTH XX, 2016 Page 2 of 6 No reportable Action b. Consideration of Appointment/Employment of City Manager pursuant to Government Code Section 54957(b) No reportable action C. Personnel Matters — Evaluation of City Attorney — Pursuant to Government Code Section 54957(b) No reportable action d. Conference with Legal Counsel re Anticipated Litigation: Possible initiation of litigation pursuant to Government Code Section 54956.9(d)(4) (one potential case) No reportable action e. Conference with Legal Counsel Regarding Existing Litigation -Pursuant to Government Code Section 54956.9(d)(1) (One Case: Western Riverside Council of Governments v. City of Beaumont [Case Number RIC 536164] (Appeal Filed)). No reportable action Action on any requests for excused absence: None Pledge of Allegiance led by Mayor Pro Tem White Approval/Adjustments to Agenda: None Conflict of Interests Disclosure: Mayor Pro Tem White will be recusing himself from 2a Announcements/Recognitions/Proclamations/Correspondence: None 1. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. No Speakers Public Comment opened and closed at 6:25 p.m. 2. ACTION ITEMS/PUBLIC HEARINGS/REQUESTS Mayor Pro Tem White recused himself City of Beaumont MINUTES MONTH XX, 2016 Page 3 of 6 a. AMENDMENT NO. 5 TO TOLLING AGREEMENT BETWEEN CV COMMUNITIES, LLC, THE CITY OF BEAUMONT AND THE CITY OF CALIMESA Staff report given by City Attorney John Pinkney Public Comment opened at 6:29 p.m. Mike White — representing CV Communities, agreed with the report by Pinkney Public Comment closed at 6:29 p.m. Motion to approve Amendment No. 5 to Tolling Agreement between CV communities, LLC, the City of Beaumont and the City of Calimesa by Council Member Knight Second by Council Member Condon Approved by unanimous vote b. ECONOMIC DEVELOPMENT COMMITTEE UPDATE AND APPROVAL OF COMMITTEE MEMBERS Staff report given by Planner, Kyle Warsinski and answered questions from Council. No Speakers Public Comment opened and closed at 6:32 p.m. Motion to approve the committee members as presented by Mayor Pro Tem White Second by Council Member Orozco Approved Ayes: Orozco, Knight, Condon, White Noes: Lara Motion approved by a 4-1 vote c. SOFTWARE UPGRADE CONTRACT — PROPOSED MODIFICATION Staff report given by Administrative Services Director, Kari Mendoza and answered questions from Council. No Speakers Motion to approve the contract and ask staff to see if there are better terms, on the condition that if it raises the initial cost, to go forward with the contract by Mayor Pro Tem White Second by Council Member Orozco Approved by unanimous vote d. APPROVAL OF WEED ABATEMENT CONTRACTORS City of Beaumont MONTH XX, 2016 MINUTES Page 4 of 6 Staff report given by Police Services Analyst Marcedes McFayden and answered questions from Council No Speakers Public Comment opened at 7:14 p.m. Motion to approve contracts for weed abatement services from the list of submitted contractors by Council Member Condon Second by Knight Approved by unanimous vote e. CITY ATTORNEY INVOICES — MARCH 2016 City Attorney, John Pinkney recused himself. Staff report given by Interim City Manager, Elizabeth Gibbs. No Speakers Public Comment opened and closed at 7:16 p.m. Motion to approve invoices by Council Member Knight Second by Mayor Pro Tem White Approved by unanimous vote f. CONTRACT AWARD: PYRO SPECTACULARS, INC. Staff report given by Interim City Manager, Elizabeth Gibbs. No Speakers Public Comment opened and closed at 7:18 p.m. Community Services Director, Robert Sherwood further explained the event and answered question from Council. Re -open public comment Duane Burke — Expressed interest in helping to sponsor a future 4th of July event Closed public comment at 7:28 p.m. Motion to approve Purchase Order No. CSD 2016-8 and approve the Mayor to execute an agreement with Pyro Spectaculars, Inc. subject to City Attorney non - substantive changes by Council Member Orozco Second by Mayor Pro Tem White Approved by unanimous vote Consensus by Council to direct staff to seek partnerships for future 4th of July events. City of Beaumont MINUTES MONTH XX, 2016 Page 5 of 6 3. CITY ATTORNEY REPORT a. Bond Council RFP Review Committee Staff report given by City Attorney John Pinkney Consensus of Council to appoint Mayor Pro Tem White and Council Member Knight to assist in reviewing the Bond Council RFP. 4. CONSENT CALENDAR a. Ratification of Treatment Plant Expansion/Salt Mitigation Project RFP b. Donation from Freedom in Christ Church of the Pass c. On -Call Environmental Services — Ratification of Attorney's changes to contracts Request to pull items 4a and 4b No Speakers Motion to approve item 4c by Mayor Pro Tem White Second by Mayor Lara Approve by unanimous vote a. Ratification of Treatment Plant Expansion/Salt Mitigation Project RFP Public Works Director/Engineer, Amer Jahker answered questions from Council. Motion to approve item 4a by Mayor Pro Tem White Second by Council Member Orozco Approved by unanimous vote a. Donation from Freedom in Christ Church of the Pass Orozco asked for consensus of applying the donation to the 4t" of July event White expressed that the church asked that the funds go towards the general funds for the City's deficit. Motion to approve item 4b by Mayor Pro Tem White Second by Mayor Lara Approved by unanimous vote Adjournment of the City Council meeting to reconvene to Closed Session at 7:43 p.m. City of Beaumont MINUTES MONTH XX, 2016 Page 6 of 6 Closed Session Item b. Consideration of Appointment/Employment of City Manager Pursuant to Government Code Section 54957(b) No reportable action Adjournment of the City Council of the April 13, 2016 Meeting at 8:47 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and approved by: J Julio Martinez 111-.1r4ulmo City rk Date: t MINUTES Beaumont City Council Closed Session (4:00 p.m.) Regular Session (6:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Tuesday, April 19, 2016 Page 1 of 10 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. Closed Session began at 4:05 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight were present Council Member Orozco was absent until later arriving Action on any requests for excused absence: Approval/Adjustments to Closed Session Agenda: Conflict of Interests Disclosure: Council Member Orozco is present at 4:06 Councilmember Orozco was excused as absent None None PUBLIC COMMENTS REGARDING CLOSED SESSION No Speakers Closed Session was adjourned at 4:07 p.m. for the Council to privately discuss the matters before them. REGULAR MEETING Regular Session began at 6:20 p.m. Place: Beaumont Civic Center Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Report from City Attorney regarding Closed Session Items: City of Beaumont April 19, 2016 MINUTES Page 2 of 10 a. Conference with Labor Negotiator — Pursuant to Government Code Section 54957.6. City Designated Representative Interim City Manager Elizabeth Gibbs or her designee. • Police Officers Association • Police Safety Support Services Reportable action of a motion to approve modifications to the MOU between the City of Beaumont and POA Motion by Mayor Lara Second by Council Member Orozco Approved by unanimous vote b. Conference with Labor Negotiators pursuant to Government Code Section 54957.6: City designated representatives Mayor Mike Lara and Council Member Orozco. Unrepresented Employee (Interim City Manager) No reportable action c. Consideration of Appointment/Employment of City Manager pursuant to Government Code Section 54957(b) No reportable action d. Conference with Legal Counsel -- Consideration of Initiating potential litigation pursuant to Government Code Section 54956.9 (d)(4). (one potential case: adverse to Heartland LV re performance bonds). No reportable action e. Conference with Legal Counsel — Anticipated Litigation: Significant Exposure to litigation pursuant to Government Code Section 54956.9(d)(2) -- (Claim of Ramon Osorio) Reportable action of denying the claim by Mayor Lara Second by Mayor Pro Tem White Approved by unanimous vote f. Conference with Legal Counsel Regarding Existing Litigation — Pursuant to Government Code Section 54956.9(d)(1) (Three cases: Pedroza v. City of Beaumont, et. al., EDCV 13-01800 JGB(DTBx)(Pre-Trial Stage); Oak Tree Alternative Care v. City of Beaumont, Case No. RIC 1109687 (Appeal Filed); Morgan v. City of Beaumont, et. al., RIC 1118540 (Pre -Trial Stage). No reportable action g. Conference with Legal Counsel — possible initiation of litigation pursuant to Government Code Section 54956.9(d)(4) (two potential cases). City of Beaumont April 19, 2016 No reportable action Action on any requests for excused absence: None Pledge of Allegiance led by Mayor Lara Invocation led by Pastor Jerry Westholder Approval/Adjustments to Agenda: None Conflict of Interests Disclosure: None Announcements/Recognitions/Proclamations/Correspondence: INTRODUCTION OF NEW POLICE DEPARTMENT EMPLOYEES Officer Crews Officer Grable Officer Marsh Dispatcher Swanson (new to the position of) MINUTES Page 3 of 10 1. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA): Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Public Comment opened at 6:31 p.m. Judy Bingham — Expressed concerns regarding payments made for contract services by the City. John Dyson — Spoke about the Balanced Growth initiative Petition. Ron Raider — Representing Beaumont Rotary, spoke about the Breezin' Through Beaumont Event. Vivian Samuel — Asked questions regarding the 7A improvement area and the status of the bond. Public Comment closed at 6:40 p.m. 2. COUNCIL REPORTS This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel. Council Member Condon — No report Council Member Knight — Attended the 50th anniversary of Precision Stamping Inc. Mayor Lara — Attended a Girl Scout ceremony. Council Member Orozco — Attended the 50th anniversary of Precision Stamping Inc. Mayor Pro Tem White — No report 3. ACTION ITEMS/PUBLIC HEARINGS/REQUESTS City of Beaumont MINUTES April 19, 2016 Page 4 of 10 a. HEARING OFFICER APPEAL — 1070 EDGAR AVE Staff report given by Economic Development Director, Rebecca Deming and answered questions from Council. Public Comment opened at 6:52 p.m. Betty Yarnell — the applicant of the appeal — disputed the courtesy notice Kristin Schultz — Spoke in support of the produce business at 1070 Edgar Ave. Public Comment closed at 6:58 p.m. Knight asked the City Attorney if there is a way to amend the code. Orozco wants to ensure the rights of the neighbors are taken into consideration. Condon spoke in support of amending the Ordinance. White asked questions of Ms. Yarnell and asked that the Ordinance be more specific to fruit stands. Motion to bring back an amendment to the Ordinance as a future agenda item by Mayor Pro Tem White Second by Council Member Condon Approved by unanimous vote Motion to uphold the hearing officers decision by Mayor Pro Tem White Second by Councilmember Orozco Approved by unanimous vote b. TENTATIVE TRACT MAP 36783 FAIRWAY CANYON PA 21 A Staff report given by Economic Development Director, Rebecca Deming Public Comment opened at 7:09 p.m. Caroline — Spoke in support of the produce business at 1070 Edgar. Spoke in favor of development of Planning Area 21A Ron Roy — Spoke in opposition of the development of homes in Planning Area 21A Gayla Faux — Spoke in favor of the development of homes in Planning Area 21A Public Comment closed at 7:17 p.m. Motion to hold a public hearing and approve Tentative Tract Map No 36783 (15 -TM - 01) with the attached conditions of approval, as presented by Council Member Knight Second by Council Member Condon City of Beaumont April 19, 2016 Approved by unanimous vote C. PLOT PLAN 04 -PP -18 - AMENDING CONDITIONS OF APPROVAL Staff report given by Planner Kyle Warsinski Public Comment opened at 7:25 p.m. MINUTES Page 5 of 10 Bruce McDonald — representing McDonald Properties, spoke in support of amending the condition. Public Comment closed at 7:26 p.m. Mayor Lara asked that verbiage be added to refer to pre -paid impact fees Motion to amend Condition 8.7 with change of language to "Upon" the issuance of each building permit as presented by Council Member Knight Second by Mayor Lara Approved by unanimous vote d. AWARD OF CONTRACT - FEE STUDIES Staff report given by Economic Development Director, Rebecca Deming No Speakers Consensus to have staff bring back an RFP for additional fee study to advise of any fees we do not have in place currently. Motion to approve the Overhead Cost Allocation Plan and the User Fee Study contract (Exhibit B) and Purchase Order (Exhibit C) with MGT of America Inc subject to the City Attorney making non -substantive changes. Approve the Development Impact Fee Study contract (Exhibit B) and Purchase Order (Exhibit D) with Colgan Consulting Corporation subject to the City Attorney making non - substantive changes by Council Member Orozco Second by Mayor Lara Approved by unanimous vote Mayor Lara called for a break. Regular Session back in order at 8:11 p.m. e. CITY OF CALIMESA REQUEST FOR POLICE SERVICES Staff report given by Police Chief Sean Thuilliez and answered questions from Council City of Beaumont MINUTES April 19, 2016 Page 6 of 10 No Speakers Public Comment opened and closed at 8:14 p.m. Motion to direct staff to respond with a formal proposal for police services to the City of Calimesa by Mayor Pro Tem White Second by Council Member Condon Approved by unanimous vote f. CALRECYCLE 2015-2016 GRANT Staff report given by Police Chief, Sean Thuilliez No Speakers Motion to authorize staff to apply for the 2015-2016 CalRecycle Beverage Container Recycling program grant. Authorize staff to utilize grant funds towards the 2016 Community Clean Up event. Approve Resolution "Authorizing Submittal of Application for Payment Programs and Related Authorizations." By Mayor Pro Tem White Second by Council Member Knight Approved by unanimous vote g. SIGN PERMITS AND REGULATIONS Staff report given by Economic Development Director, Rebecca Deming Public Comment opened at 8:39 p.m. Alan Slater— representing the Cherry Festival, asked Council to consider the allowance of signs for the festival as previously permitted. Public Comment closed at 8:41 p.m. White asked that a compromise be reached for the number of signs allowed in the right of way and agrees with the proposed changes to the commercial sign permissions. Lara asked for changes made to commercial and industrial for the size to be more in line with residential guidelines. Suggested 96 square feet instead of 10 square feet and 64 square feet instead of 40 for the size of signs. Motion to provide direction to with the changes to commercial properties at half acres or less to be in line of residential guidelines by Council Member Condon Second by Mayor Lara Approved by unanimous vote City of Beaumont April 19, 2016 h. DISCLOSURE POLICIES Staff report given by City Attorney, John Pinkney No speakers White asked that judgments against the city be added Orozco asked if the Clerk could be added as well. Lara asked that it be the City Manager or his or her designee MINUTES Page 7 of 10 Consensus to require sign -off from the City Manager or his or her designee. Condon asked that Treasurer be added as a point of contact on the 5th bullet of the staff report Motion to approve disclosure policies as presented with the modification of adding the Treasurer to the distribution list as well as adding judgments against the City by Mayor Lara Second by Mayor Pro Tem White Approved by unanimous vote i. RESOLUTION NO 2016 REQUESTING INVESTIGATION OF MUFG UNION BANK, N.A Staff report given by City Attorney, John Pinkney and answered questions from Council No Speakers Motion to approve resolution requesting Attorney General and Department of Business Oversight investigate MUFG Union Bank, N.A by Mayor Pro Tem White Second by Mayor Lara Approve by unanimous vote TOLLING AGREEMENT - CITY OF BEAUMONT AND AKLUFI AND WYSOCKI Staff report given by City Attorney John Pinkney Public Comment opened at 9:28 p.m. Judy Bingham — Spoke about previous City Attorneys. Turned in two public records request to the City Clerk Public Comment closed at 9:31 p.m. Motion to approve Tolling agreement as presented and authorize the Mayor to execute by Council Member Condon Second by Mayor Pro Tem White City of Beaumont April 19, 2016 Approved by unanimous vote MINUTES Page 8 of 10 k. REVIEW CITY ATTORNEY CONTRACT - SLOVAK, BARON, EMPEY, MURPHY, AND PINKNEY (ONE-YEAR CONTRACT SET TO EXPIRE) City Attorney John Pinkney recused himself. Staff report given by Interim City Manager, Elizabeth Gibbs Public Comment opened at 9:38 p.m. Judy Bingham — Expressed concerns regarding the current City Attorney. Public Comment closed at 9:40 p.m. Motion to approve a new one year contract with Slovak, Baron, Empey, Murphy and Pinkney as presented by Council Member Orozco Second by Mayor Pro Tem White Approved by unanimous vote 4. CITY TREASURER REPORT Treasurer Carroll gave a summary of the Standing Financial Committee. Condon gave direction that the Committee take on the task of developing a CFD tracking report, using the template of other cities. White asked for a checklist of issues to be addressed from the State Controller's Office and where we are at in the process. 5. CITY MANAGER REPORT a. Reports on Department Activities 1) Detection Canine Program Presentation given by Police Chief Sean Thuilliez and questions answered by Officer Brieda. Consensus from Council to support and move forward with the Canine Program. Mayor called a break Regular Session called back to order at 10:15 p.m. 2) Council Request — Community Facilities Districts Accounting Policies and Procedures Update A draft form of a policy and procedure was given to Council and was made available to the public. Report was given by Interim City Manager, Elizabeth Gibbs. City of Beaumont April 19, 2016 b. Calendar of Events 1) Community Outlook 6. CITY CLERK REPORT City Clerk Julio Martinez gave a summary on Public Record Requests. Public comment opened at 10:36 p.m. Judy Bingham — Expressed concerns regarding Public Record Requests. 7. CITY ATTORNEY REPORT a. Status of Litigation b. Status of Legislative Subpoenas MINUTES Page 9 of 10 City Attorney John Pinkney gave a summary on status of litigation and legislative subpoenas. 8. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. a. Approval of Minutes for March 1, 2016 meeting b. Approve registration and payment in the amount of $2500 to the State of the City event C. Ratification of Warrants dated April 7, 2016 d. Approval of Exclusive Risk Management Authority of California Purchase Order AD 2016-29 e. Approval of Hinderlighter del -lamas Purchase Order AD 2016-07a f. Approval of RFP for Maintenance and Administration of Wastewater Treatment Plant and Wastewater Regulatory Support Services g. Approval of RFP for Sewer Line Cleaning and Repair Services and CDBG Citywide Concrete Repairs Item 8d pulled Motion to items 8a, 8b, 8c, 8e, 8f, 8g by Council Member Condon Second by Mayor Lara Approved by unanimous vote Public Comment opened at 11:04 p.m. Judy Bingham — Expressed concerns of ERMAC Public Comment closed at 11:06 p.m. City of Beaumont MINUTES April 19, 2016 Page 10 of 10 d. Approval of Exclusive Risk Management Authority of California Purchase Order AD 2016-29 Motion to approve item 8d by Council Member Knight Second by Mayor Lara Approved by unanimous vote Adjournment of the City Council of the April 19, 2016 Meeting at 11:09 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and approved by: Julio Martinez III, B City Cle Date. R I l )1� MINUTES Beaumont City Council Closed Session (4:30 p.m.) Regular Session (6:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Tuesday, May 3, 2016 Page 1 of 11 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. Closed Session began at 4:37 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: None Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION No speakers Closed session was adjourned at 4:37 p.m. for the Council to privately discuss the matters before them. REGULAR MEETING Regular Session began at 6:23 p.m. Place: Beaumont Civic Center Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were present Report from City Attorney regarding Closed Session Items: a. Conference with Labor Negotiators pursuant to Government Code Section 54957.6: City designated representatives Mayor Mike Lara and Council Member City of Beaumont May 3, 2016 MINUTES Page 2 of 11 Orozco. Unrepresented Employees (Interim City Manager; Acting City Manager and Transit Director) No reportable action, continued to after Regular Session. b. Public Employee Appointment/Employment pursuant to Government Code Section 54957(b): (Employee Titles: City Manager; Acting City Manager and Transit Director) No reportable action, continued to after Regular Session. c. Conference with Legal Counsel Regarding Existing Litigation — Pursuant to Government Code Section 54956.9(d)(1) ( Two cases: Pedroza v. City of Beaumont, et. al., Case Number EDCV 13-01800; Oak Tree Alternative Care v. City of Beaumont et. al., Case Number: RIC 1109687) No reportable action, continued to after Regular Session. d. Conference with Legal Counsel — Anticipated Litigation: Significant Exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) — (one potential case involving CV Communities, LLC and City of Calimesa) No reportable action, continued to after Regular Session. e. Conference with Legal Counsel — Anticipated Litigation: Significant Exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) — (one potential case) No reportable action, continued to after Regular Session. f. Conference with Legal Counsel — Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) (consideration of denial, approval or settlement of two claims: Claimants: Cinko and Jorgensen). No reportable action, continued to after Regular Session. Action on any requests for excused absence: None Pledge of Allegiance: Led by Mayor Lara Invocation: Pastor Short Approval/Adjustments to Agenda: None Conflict of Interests Disclosure: None Announcements/Recognitions/Proclamations/Correspondence: Proclamations presented to Precision Stamping, and Public Service Recognition Week. Certificate of Appreciation awarded to Helping Hands Day City of Beaumont May 3, 2016 MINUTES Page 3 of 11 1. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA): Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Public Comment opened at 6:38 p.m. John Dyson — Spoke regarding a circulating petition and Item 3c Martin Bright — Representing Beaumont Rotary and expressed the success of the Breezin' through Beaumont event and the upcoming Cherry Jubilee Judy Bingham — Expressed concerns regarding documents on file at the City Ron Roy — Expressed concerns regarding the use recycled water in Fairway Canyon Khalid Duri — Spoke about public banking Public Comment closed at 6:50 p.m. 2. COUNCIL REPORTS This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel. Council Member Condon — Commended Precision Stamping and attended the LEAC awards Council Member Knight — Attended a Riverside Conservation event, USC Public Policy Class Mayor Lara — Attended Beaumont High School college signing day, Breezin Through Beaumont, LEAC awards, and Relay for Life. Council Member Orozco — Announced the upcoming Economic Development Committee meeting on Thursday at 4:30, attended the LEAC awards, Helping Hands Day, Breezin' Through Beaumont, and will be attending the SCAG conference. Mayor Pro Tem White — Attended the LEAC awards, Relay for Life and gave a summary of the City's actions in the past year. 3. ACTION ITEMS/PUBLIC HEARINGS/REQUESTS a. CFD 93-1 IMPROVEMENT AREA 7B PETITION City of Beaumont May 3, 2016 Staff report given by Administrative Services Director, Kari Mendoza Public Comment opened at 7:08 p.m. Judy Bingham — Spoke in opposition Ron Roy — Spoke in support Stephanie Larsen — Spoke in opposition of new bonds Public Comment closed at 7:15 p.m. MINUTES Page 4of11 Shane Spicer — Representing Albert Webb and Associates answered questions from Council Brian Forbath — Representing Stradling, Yocca, Carlson and Rauth answered questions from Council. Motion to turn the item over to the Standing Financial Committee for further review by Mayor Lara Second by Council Member Condon Approved by unanimous vote b. CFD ADMINISTRATIVE POLICIES AND PROCEDURES Staff report given by Administrative Services Director, Kari Mendoza No speakers Public Comment opened and closed at 7:38 p.m. Motion to start accepting the document with the changes proposed of deleting sections 2 through 5 and move forward with getting input from the community and developers Motion to approve this document excluding sections 2, 3 and 4 by Mayor Pro Tem White Second by Mayor Lara Ayes: Orozco, Knight, White, Lara Noes: Condon Approved by 4:1 vote C. DISSOLUTION OF IMPROVEMENT AREA NO 19B OF CFD NO. 93-1 AND FORMATION OF CFD NO. 2016-1 (Fairway Canyon) Staff report given by Brian Forbath of Stradling, Yocca, Carlson and Rauth Public Hearing opened at 8:07 p.m. City of Beaumont MINUTES May 3, 2016 Page 5 of 11 Ron Roy — Spoke in opposition Judy Bingham — Spoke in opposition Nancy Hall — Spoke in opposition Stephanie Larsen — Spoke in opposition Michael Turner — Spoke in favor Public Hearing closed at 8:22 p.m. Motion to adopt the Resolution of the City Council establishing by the City of Beaumont Community Facilities District No 2016-1, authorizing the levy of the special taxes and calling an election therein and Resolution of the City of Council of the City of Beaumont, acting as the legislative body of the City of Beaumont, acting as the legislative body of City of Beaumont Community Facilities District no. 2016-1, determining the necessity to incur bond indebtedness within the Community Facilities District and calling elections therein by Council Member Knight Motion dies by lack of second Motion to meet with the developers to negotiate the Development Contract by Council Member Condon Second by Council Member Orozco Motion withdrawn Public Hearing re -opened at 8:53 p.m. Jeff Chambers — Representing Pardee Homes, spoke in favor Ron Roy — Spoke in opposition Point of Order by Mayor Pro Tem White to clarify that the lack of motion is continuing the item Michael Turner — Spoke in favor Blair Ball — Spoke as neutral Mike Taylor— Representing Pardee Homes, spoke in favor Motion to continue the public hearing to the next regular City Council meeting by Mayor Pro Tem White Second by Council Member Orozco Ayes: Orozco, White, Condon City of Beaumont MINUTES May 3, 2016 Page 6 of 11 Noes: Knight, Lara Motion approved by a 3-2 vote Mayor Lara called for a break Direct staff to work with the developer to remove the 2% escalator, and to remove the development fees out of the CFD's. In regards to services, to add a 2% escalator, or CPI, whichever is higher. d. PRESENTATION OF THE MARCH 2016 INTERIM FINANCIAL REPORT PROVIDING AN OVERVIEW OF FINANCIAL TRANSACTIONS DURING JULY 2015 TO MARCH 2016 Staff report given by Accounting Manager, Melana Taylor and answered questions from council. No speakers Public Comment opened and closed at 9:43 p.m. Motion to receive and file by Council Member Knight Second by Mayor Lara Approved by unanimous vote e. FOURTH OF JULY ENTERTAINMENT Staff report given by Community Services Director, Robert Sherwood Public Comment opened and closed at 9:50 p.m. Motion to Approve the M and M Group to provide services of Sound/Lights/2 Cover Bands, authorize the Mayor to execute the contract, subject to the City Attorney making non -substantive changes, approve PO # CDS-2016-10 in the amount of $10,000 from account #1500-4040 and approve the budget adjustment for the selected expenditures from the Contingency Account to the Community services Department Account 1550-4040 by Council Member Orozco Second by Mayor Lara Approved by unanimous vote f. PROPOSED SETTLEMENT AGREEMENT WITH CV COMMUNITIES, LLC AND CITY OF CALIMESA Mayor Pro Tem White recused himself. Staff report given by Bob Patterson City of Beaumont MINUTES May 3, 2016 Page 7 of 11 Public Comment opened at 10:00 p.m. Mike White - representing CV Communities, clarified the agreement Public Comment closed at 10:03 p.m. Motion to approve Settlement, Waiver and Release Agreement between the City of Calimesa, the City of Beaumont, Sunny -Cal 1 Inv, LLC and CV Communities, LLC and authorize the Mayor to execute the agreement with the typo errors as presented by City Attorney Bob Patterson by Council Member Knight Second by Council Member Condon Ayes: Orozco, Knight, Condon, Lara Recused: White Approved by a 4-0 vote g. TOLLING AGREEMENT: BETWEEN CITY OF BEAUMONT AND MOSS LEVY & HARTZHEIM, LLP Staff report given by City Attorney, John Pinkney Public Comment opened at 10:09 p.m. Judy Bingham - Expressed concerns Ron Roy- Spoke regarding an off topic concern Public Comment closed at 10:10 p.m. Motion to Approve Tolling Agreement between City of Beaumont and Moss Levy & Hartzheim, LLP and authorize the Mayor to execute the agreement with the corrections stated by the City Attorney by Mayor Pro Tem White Second by Mayor Lara Approved by unanimous vote h. APPROVE ORDINANCE AMENDING CHAPTER 17.07 - FIRST READING Staff report given by Economic Development Director, Rebecca Deming No speakers Public Hearing opened and closed at 10:17 p.m. Motion to hold a public hearing and approve the first reading as presented with the changes to minor typos by Mayor Pro Tem White Second by Council Member Orozco City of Beaumont May 3, 2016 Approved by unanimous vote 4. CITY TREASURER REPORT Treasurer Carroll gave a summary on a. Update on weekly meeting with staff b. Standing Financial Committee c. RFP for the Bond Trustee 5. CITY MANAGER REPORT MINUTES Page 8of11 Report was given by Administrative Services Director, Kari Mendoza a. Reports on Department Activities 1) Banning Ad -Hoc Committee Consensus to nominate Council Member Orozco and the Mayor Lara 2) Public Works Update 3) Sales Tax Update — 4th Quarter Motion to agendize the item of participating in the City of Banning's Cannabis committee based on the Banning's decision to create the committee by Council Member Orozco Second by Council Member Condon Ayes: Orozco, Knight, Condon Noes: White, Lara Motion approved by 3-2 vote Public Comment opened at 10:35 p.m. Judy Bingham — asked questions regarding a public records request Public Comment Closed at 10:40 p.m. b. Calendar of Events 1) Community Outlook 6. CITY CLERK REPORT Report out on recent attendance of conference by Deputy City Clerk, Nicole Wheelwright 7. CITY ATTORNEY REPORT No report 8. CONSENT CALENDAR City of Beaumont May 3, 2016 MINUTES Page 9 of 11 Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. a. Approval of Warrants dated April 21, 2016 b. Approval of Warrants dated April 28, 2016 C. Approval of February 16, 2016 Minutes d. Approval of Purchase Order PW 2016-18 in the amount of 18,248.40 to Evans Hydro, Inc. e. Approval of RFP — Traffic Engineering Services f. Waive 2"d reading and approve Ord. 2016 _ Amending Chapter 2.12.070 g. Ratification of Contract with Colgan Consulting Corp h. Approve Purchase Order increase in the amount of $25,000 to Purchase Order No. PW 2016-14 — Webb Associates for Wastewater Engineering services i. Ratification of Contract with Scott Fazekas and Associates, Inc. j. Ratification of Attorney's changes to the contract with High Desert Underground Inc. k. Approve Advertisement and Sale of Two (2) Police Motorcycles I. Authorize Staff to retire and auction vehicles from the Police and Community Services departments M. Approve the Mayor to execute the RTA Letter of Support — Bus and Bus Facilities Grant n. Accept the State Board of Equalization Report of Field Audit for Sales Tax and approve payment in the amount of $34,042.37 Public Comment opened at 10:43 p.m. Judy Bingham — expressed concerns regarding Item 8h Public Comment closed at 10:45 p.m. Request to pull Item 8h by Council Member Orozco Motion to approve the remainder of the consent calendar by Mayor Pro Tem White Second by Mayor Lara Approved by unanimous vote h. Approve Purchase Order increase in the amount of $25,000 to Purchase Order No. PW 2016-14 — Webb Associates for Wastewater Engineering services Motion to approve item 8h. by Mayor Pro Tem White Second by Council Member Knight Ayes: Knight, White, Lara Noes: Orozco, Condon Approved by 3-2 vote Adjournment to Closed Session at 10:53 p.m. City of Beaumont MINUTES May 3, 2016 Page 10 of 11 REPORT OUT FROM CLOSED SESSION a. Conference with Labor Negotiators pursuant to Government Code Section 54957.6: City designated representatives Mayor Mike Lara and Council Member Orozco. Unrepresented Employees (Interim City Manager; Acting City Manager and Transit Director) No reportable action. b. Public Employee Appointment/Employment pursuant to Government Code Section 54957(b): (Employee Titles: City Manager; Acting City Manager and Transit Director) No reportable action from closed session, action will be taken in open session. c. Conference with Legal Counsel Regarding Existing Litigation — Pursuant to Government Code Section 54956.9(d)(1) ( Two cases: Pedroza v. City of Beaumont, et. al., Case Number EDCV 13-01800; Oak Tree Alternative Care v. City of Beaumont et. al., Case Number: RIC 1109687) No reportable action. d. Conference with Legal Counsel — Anticipated Litigation: Significant Exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) — (one potential case involving CV Communities, LLC and City of Calimesa) Not discussed due to the discussion in Regular Session e. Conference with Legal Counsel — Anticipated Litigation: Significant Exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) — (one potential case) No reportable action. f. Conference with Legal Counsel — Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) (consideration of denial, approval or settlement of two claims: Claimants: Cinko and Jorgensen). Claim 1: Cinko Motion to deny the claim by Council Member Orozco Second by Mayor Lara Approved by unanimous vote Claim 2: Jorgensen Motion to deny claim by Mayor Pro Tem White Second by Council Member Orozco City of Beaumont May 3, 2016 Approved by unanimous vote ACTION ITEM: Contract — Employment Agreement with Elizabeth Gibbs Motion to approve contract as presented by Mayor Pro Tem White Second y Mayor Lara Approved by unanimous vote MINUTES Page 11 of 11 Adjournment of the City Council of the May 3, 2016 Meeting at 12:25 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and approved by: Julio Martinez l#I au ont i Clerk Date: 91(](& MINUTES Beaumont City Council Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Tuesday, May 17, 2016 Page 1 of 10 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. Closed Session began at 4:35 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: Request to add an item to closed session as a breaking item from City Attorney John Pinkney as follows: Conference with legal counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1). (One Case: Oak Tree Alternative Care v City of Beaumont). This closed session will be for the purpose of discussing the pending litigation and possible settlement. Motion to add item by Mayor Lara Second by Council Member Knight Approved by unanimous vote Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION Public Comment opened at 4:37 p.m. Judy Bingham — expressed concerns on various topics Public Comment closed at 4:43 p.m. City of Beaumont May 17, 2016 MINUTES Page 2 of 10 Closed session was adjourned at 4:43 p.m. for the Council to privately discuss the matters before them. REGULAR MEETING Regular Session began at 6:24 p.m. Place: Beaumont Civic Center Report from City Attorney regarding Closed Session Items: Late Add Item: Conference with legal counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1). (One Case: Oak Tree Alternative Care v City of Beaumont). This closed session will be for the purpose of discussing the pending litigation and possible settlement. No reportable action a. Conference with Labor Negotiators pursuant to Government Code Section 54957.6: City designated representatives Mayor Mike Lara and Council Member Orozco. Unrepresented Employees (Interim City Manager; Acting City Manager) No reportable action b. Public Employee Appointment/Employment pursuant to Government Code Section 54957(b): (Employee Titles: City Manager; Interim City Manager) No action taken during closed session. Motion to appoint Interim City Manager as described in the contracts Second by Council Member Orozco Noes: Knight Ayes: Orozco, Condon, White, Lara Motion approved 4-1 vote C. Public Employee Performance Evaluation pursuant to Government Code Section 54957 (Employee Title: Acting City Manager) No Action taken d. Conference with Legal Counsel — Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) — (This matter involves an investigation by the Securities & Exchange Commission) No reportable action e. Conference with Legal Counsel - Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) (consideration of denial, approval or settlement of claim by Urban Logic Consultants). City of Beaumont MINUTES May 17, 2016 Page 3 of 10 Motion by White to deny claim Second by Mayor Lara Motion approved by unanimous vote Introduction by Interim City Manager Richard Warne Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Action on any requests for excused absence: None Pledge of Allegiance led by Mayor Lara Invocation led by Pastor Mark Brown Approval/Adjustments to Agenda: Pulling agenda item 3e and Pulling agenda item 3f. Conflict of Interests Disclosure: Announcements/Recognitions/Proclamations/Correspondence: Introduction of new employees 1. PUBLIC COMMENT PERIOD ITEMS NOT ON THE AGENDA): Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Public Comment opened at 6:49 p.m. Milton Cook — Representing the Friends of the Beaumont District Library, expressed appreciation of the charitable donation given by Council. Nancy Gall — Expressed concerns regarding the CFD item on the agenda Judy Bingham — Expressed concerns regarding CFD's. Asked for Item 8i to be moved up on the agenda David Castaldo — Expressed gratitude for donations to the Police K9 fund and advertised a fundraiser for the fund. Requested a memorial for Anthony Martinez Ron Roy — Requested the increase in frequency of the meetings for the Standing Financial Committee. Requested the look into ** banking. Requests of addition to Nicklaus Park Nancy Hall — Spoke about several concerns Public Comment closed at 7:08 p.m. Public Comment re -opened City of Beaumont May 17, 2016 MINUTES Page 4 of 10 Kathy Talkington — Spoke in opposition of the Sunny Cal annexation Anna Cervantes — Expressed concern regarding CFD bonds Public Comment closed at 7:13 p.m. 2. COUNCIL REPORTS This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel. Council Member Condon — Attended the Pass Water Agency meeting and the Miss Beaumont Pageant. Council Member Knight — Attended a Loma Linda Veterans Hospital Nursing Award Ceremony and the Noble Creek Park Memorial of Jeff Fox Mayor Lara — Attended the Miss Beaumont Pageant. Thanked the Beaumont Cherry Valley Parks and Recreation District for their contribution towards the 4th of July event. Council Member Orozco — Reported on the Economic Development Committee meeting. Attended the SCAG conference. Mayor Pro Tem White — Addressed an article from the Press Enterprise regarding the City's strides in the past year. Addressed Mr. Roy's request of increasing meetings of the Standing Financial Committee. Addressed a request of a video and audio recording of committee meetings. Attended the Cherry's Jubilee. 3. ACTION ITEMS/PUBLIC HEARINGS/REQUESTS a. AGREEMENT BY AND BETWEEN THE CITY AND WOLVERINE DISTRIBUTION, INC. Staff report given by Assistant Planner, Kyle Warsinski Public Hearing opened at 7:52 p.m. Judy Bingham — Opposed Mark Ostoich — Representing the legal staff for Wolverine, spoke in favor Bruce McDonald — Representing the owner of the property in discussion, spoke in favor Nancy Gall — Spoke in opposition Ron Roy — Asked questions regarding the warehouse Nancy Hall — Asked questions regarding the noise pollution and truck route Public Hearing closed at 8:03 p.m. City of Beaumont May 17, 2016 MINUTES Page 5of10 Motion to Hold a Public Hearing and Approve the Resolution: Approving the Sales Tax Participation Agreement by and between the City of Beaumont and Wolverine Distribution, Inc. as presented by Mayor Pro Tem White Second by Council Member Orozco Approved by unanimous vote Consensus to move item 3c up. C. AWARD OF CONTRACT — PUBLIC MANAGEMENT GROUP Staff report given by City Attorney, John Pinkney Public Comment opened at 8:35 p.m. Judy Bingham — Spoke in opposition Public Comment closed at 8:36 p.m. Motion to authorize the Mayor to execute a contract with Public Management Group, a division of Renne Sloan Holtzman Saki, LLP for expert management consulting as outlined above in an amount not to exceed $50,000; and Increase Purchase Order No AD2016-34 not to exceed amount of $50,000 by Council Member Knight Second by Council Member Condon Approved by unanimous vote b. DISSOLUTION OF IMPROVEMENT AREA NO. 19B OF CFD 93-1 AND FORMATION OF CFD 2016-1 (FAIRWAY CANYON) Staff report given by Brian Forbath of Stradling, Yocca, Carlson & Rauth Public Hearing opened at 9:00 p.m. Nancy Gall — Expressed concerns with current CFD's Judy Bingham — Spoke in opposition Ron Roy — Spoke in opposition Douglas Praw — Representing Fairway Canyon SDC, spoke in favor Nancy Hall - Spoke in opposition Stephanie Larsen — Spoke in opposition City of Beaumont MINUTES May 17, 2016 Page 6 of 10 Anna Cervantes — Spoke in opposition Public Hearing closed at 9:20 p.m. Motion to Adopt Resolution No. entitled: RESOLUTION OF THE CITY COUNCIL ESTABLISHING THE CITY OF BEAUMONT COMMUNITY FACILITIES DISTRICT NO. 2016-1, AUTHORIZING THE LEVY OF SPECIAL TAXES AND CALLING AN ELECTION THEREIN and to Adopt Resolution No. entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, ACTING AS THE LEGISLATIVE BODY OF CITY OF BEAUMONT COMMUNITY FACILITIES DISTRICT NO. 2016-1, DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN THE COMMUNITY FACILITIES DISTRICT AND CALLING ELECTIONS THEREIN by Council Member Orozco Second by Council Member Knight Noes: White Ayes: Orozco, Knight, Condon, Lara Motion approved by a 4-1 vote Motion to Adopt Resolution No. entitled: RESOLUTION OF THE CITY COUNCIL, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF BEAUMONT COMMUNITY FACILITIES DISTRICT NO. 2016-1, CERTIFYING THE RESULTS OF THE MAY 17, 2016 SPECIAL TAX AND BOND ELECTIONS by Council Member Orozco Second by Council Member Knight Noes: White Ayes: Orozco, Knight, Condon, Lara Motion approved by a 4-1 vote Motion to waive the reading and approve the first reading of Ordinance No. entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, DISSOLVING IMPROVEMENT AREA NO. 19B OF CITY OF BEAUMONT COMMUNITY FACILITIES DISTRICT NO. 93-1 AND ORDERING THE RECORDATION OF A NOTICE OF CESSATION OF SPECIAL TAX LIEN TO IMPROVEMENT AREA NO. 19B by Council Member Knight Second by Council Member Orozco Motion approved by unanimous vote Motion to waive the reading and approve the first reading of Ordinance No. entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF BEAUMONT COMMUNITY FACILITIES DISTRICT NO. 2016-1, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE COMMUNITY FACILITIES DISTRICT by Council Member City of Beaumont May 17, 2016 Knight Second by Council Member Orozco Ayes: Orozco, Knight, Condon, Lara Noes: White Motion approved by a 4-1 vote d. AWARD OF CONTRACT - CITY SURVEYING SERVICES Staff report given by Public Works Director, Amer Jahker Public Comment opened and closed at 9:58 p.m. MINUTES Page 7 of 10 Motion to approve the on-call services contract with Towill and Hicks & Hartwick, Inc. subject to the City Attorney making non -substantive changes by Mayor Pro Tem White Second by Council Member Orozco Approved by unanimous vote e. PLAN OF SERVICES FOR THE ANNEXATION OF THE SUNNY CAL SPECIFIC PLAN ITEM PULLED f. ROOF REPAIR - TRANSIT BLDG D - PUBLIC EMERGENCY BMC 3.01.050(B) ITEM PULLED g. RESOLUTION - CROSS ROADS INDUSTRIAL PARK Staff report given by Bob Deis Public Comment opened at 10:07 p.m. Bruce McDonald - representing the developer Ron Roy - spoke regarding the location of topic Public Comment closed at 10:10 p.m. Motion to approve resolution approving certificate of Agreement Compliance by Mayor Pro Tem White Second by Council Member Orozco Approved by unanimous vote City of Beaumont MINUTES May 17, 2016 Page 8 of 10 h. CITY ATTORNEY INVOICES — APRIL 2016 City Attorney, John Pinkey recused himself. Public Comment opened and closed at 10:12 p.m. Motion to approve invoices in the amount of $78,432.51 by Mayor Pro Tem White Second by Council Member Knight Approved by unanimous vote 4. CITY TREASURER REPORT Treasurer Carroll gave a summary on a. Warrants b. Update on weekly meeting with staff c. Standing Financial Committee Public Comment opened at 10:17 p.m. Judy Bingham — Spoke regarding the firm Van Lant & Fanhankel Public Comment closed 5. CITY MANAGER REPORT Interim City Manager Richard Warne gave a summary on a. Reports on Department Activities 1) Community Facilities Districts Quarterly Report — Response to Council 2) San Bernardino Valley Municipal Water District Letter b. Calendar of Events 1) Community Outlook — June 2016 2) Memorial Day Ceremony 3) Cherry Festival City Attorney John Pinkney recused himself due to possible conflict of interest with the company of topic. Consensus for a future agenda item of contacting Waste Management regarding our contract. 6. CITY CLERK REPORT No report. City of Beaumont MINUTES May 17, 2016 Page 9 of 10 7. CITY ATTORNEY REPORT No report. 8. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. Request to pull 8i and 8n a. Approval of Warrants dated May 5, 2016 b. Waive Second Reading and Approve Ordinance No. Amending Chapter 17.07 C. Approval of Minutes Dated March 15, 2016 d. Amendment to Contract with Interwest Consulting Group e. Approval of RFP — Wastewater Treatment Plant Parking and Access Paving f. Approval of RFP — City Wide Traffic Signal Maintenance g. Acceptance and Recordation — 4th St Right of Way Dedications h. Approval of Final Map and Accept Agreements for Public Improvements for Tract # 31469-4 and 31469-7 L Receive and File Notice of Violation from Santa Ana Regional Water Quality Control Board j. Approve Increase of $45,000.00 to P.O# PW2016-06B — Roth Staffing Companies k. Approve Amendment to Supplemental Agreement CDBG 2014-2015 I. Development Impact Fee Study Response M. Approve PO# PD2016-09 in the amount of 13,480 to Vohne Liche Kennels, Inc. n. Approval of Travel Reimbursement for Mayor Pro -Tem White — ERICA Meeting Motion to approve the remainder of the consent calendar by Council Member Orozco Second by Mayor Lara Approved by unanimous vote Mayor Pro Tem White recused himself n. Approval of Travel Reimbursement for Mayor Pro -Tem White — ERICA Meeting Motion to approve item 8n by Mayor Lara Second by Council Member Knight Approved by unanimous vote City of Beaumont May 17, 2016 MINUTES Page 10 of 10 L Receive and File Notice of Violation from Santa Ana Regional Water Quality Control Board Public Comment opened at 10:36 p.m. Judy Bingham - Expressed concerns regarding the Treatment Plant Public Comment closed at 10:39 p.m. Motion to receive and file by Mayor Pro Tem White Second by Mayor Lara Approved by unanimous vote Adjournment of the City Council of the May 17, 2016 Meeting at 10:39 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and approved by: zc" I -�-- Julio Martinez III, y ont City Clerk Date: g f i ii , MINUTES Beaumont City Council Closed Session (4:00 p.m.) Regular Session (6:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Tuesday, June 7, 2016 Page 1 of 9 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. Closed Session began at 4:05 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon and Council Member Knight were present. Council Member Orozco was absent. Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: None Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION No public speakers Closed session was adjourned at 4:06 p.m. for the Council to privately discuss the matters before them. REGULAR MEETING Regular Session began at 6:24 p.m. Place: Beaumont Civic Center Point of Action: Council Member Orozco reported to Closed Session at 4:15 p.m. Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present. Report from City Attorney regarding Closed Session Items: City of Beaumont MINUTES June 07, 2016 Page 2 of 9 a. Conference with Legal Counsel Regarding Existing Litigation — Pursuant to Government Code Section 54956.9(d)(1 )Western Riverside Council of Governments v. City of Beaumont [Case Number RIC 536164] (Appeal Filed) No reportable action b. Conference with Legal Counsel — Consideration of initiating potential litigation pursuant to Government Code Section 54956.9(d)(4) (8 potential cases) No reportable action C. Conference with Legal Counsel — Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (one potential case) No reportable action d. Conference with Legal Counsel — Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) — (This matter involves an investigation by the Securities .& Exchange Commission) No reportable action e. Conference with Legal Counsel — Pending Litigation pursuant to Government Code 54956.9(d)(1) (One Case: Pedroza v. City of Beaumont et.al. Case number EDCV 13-01800 JGB (DTBx): Possible action to approve or deny proposed settlement of case). Motion to settle case in the amount of 15,000 by Mayor Lara Second by Mayor Pro Tem White Approved by unanimous vote Conference with legal counsel and consideration of possible resolution of worker's compensation claim pursuant to Government Code Section 54956.95: (Case No. COBT-002843 Agency Claimed Against: City of Beaumont.) Motion to settle in the amount of 74,000 by Mayor Lara Second White Approved by unanimous vote g. Conference with Legal Counsel — Anticipated Litiggation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)�2) and/or (3) (consideration of denial, approval or settlement of claim by the Beaumont -Cherry Valley Recreation and Parks District). Motion to deny claim by Mayor Pro Tem White Second b Mayor Lara Approvedbyunanimous vote Direction given to staff to have discussions with the BCVRPD to look into the matter City of Beaumont June 07, 2016 Action on any requests for excused absence: None Pledge of Allegiance led by Mayor Lara Invocation led by Chaplain Al Christensen Approval/Adjustments to Agenda: None Conflict of Interests Disclosure: None Announcements/Recognitions/Proclamations/Correspondence: Beaumont Community Youth Basketball Proclamation MINUTES Page 3 of 9 PUBLIC COMMENT PERIOD ITEMS NOT ON THE AGENDA): Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Public Comment opened at 6:39 p.m. Victor Dominguez — Spoke about the State of the City event. Judy Bingham — Spoke about the Security Exchange Commission subpoena Daniel Marmolejo — Expressed concerns and supports the forward motion of building trust Gabe Ewing — Shared info of a petition on his website Jason Jung — A former employee of Calexico PD shared opinions of the current Interim City Manager Nancy Hall — Expressed concerns regarding CFD's David Danelski — Expressed concerns of possible Brown Act Violation Consensus to move item 3b after item 3c. Public Comment closed at 7:00 p.m. 2. COUNCIL REPORTS This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel. Council Member Condon — Spoke regarding the State of the City and suggested a free State of the City event. Council Member Knight — Attended a T -Now training event, commended the San Gorgonio Memorial Hospital, attended a Riverside Transit Agency meeting, and the Riverside Conservation Authority board meeting. Mayor Lara — Thanked the Cherry Festival Association, thanked staff on the preparation of the State of the City, and the continued support from the community. Council Member Orozco — Spoke regarding the Memorial Day event and thanked the Cherry Festival Association. Mayor Pro Tem White — Attended and participated in the Cherry Festival, spoke regarding the State of the City event and asked for the continued support from the community. City of Beaumont June 07, 2016 Public Comment opened at 7:26 p.m. Victor Dominguez — Spoke regarding the State of the City event Public comment closed at 7:30 p.m. 3. ACTION ITEMS/PUBLIC HEARINGS/REQUESTS a. ORDINANCE AMENDING 17.11.110 HOME OCCUPATIONS Staff report given by Economic Development Director, Rebecca Deming Public Hearing opened at 7:33 p.m. Nancy Hall — Asked questions regarding fees involved MINUTES Page 4 of 9 Betty Yarnell — Spoke in favor of the amendment to the Municipal Code 17.11.110 Public Hearing closed at 7:37 p.m. Motion to open public comment and continue the item to the next regular meeting by Mayor Lara Second by Mayor Pro Tem White Approved by unanimous vote c. APPROVAL OF QUARTERLY CFD REPORTS Staff report given by Interim City Manager, Richard Warne. Public Comment opened at 7:42 p.m. Ron Roy— Spoke in favor Public Comment closed at 7:46 p.m. Motion to Authorize staff to continue this item of Quarterly Communities Facilities District Report for City Council and public to allow staff to look at the documents by Mayor pro Tem White Second by Mayor Lara Approved by unanimous vote Mayor Lara called for a 5 minute break b. INDEPENDENT ACCOUNTING FUND RECONCILLIATION SERVICES- CFD AND MITIGATION FUNDS REPORT City of Beaumont June 07, 2016 Staff report given by Michael Busch and David Sirus of Urban Futures Public Comment opened at 8:33 p.m. Judy Bingham - Expressed concerns Nancy Hal/ - Expressed concerns and asked questions of Council Duane Burke - Asked Council to look further into the mitigation fees. Ron Roy- Asked for further explanation of different types of bonds Public Comment closed at 8:43 p.m. Motion to receive and file by Mayor Pro Tem Second by Mayor Lara Approved by unanimous vote Mayor called for a five minute break. Consensus to move item 3g before 3d MINUTES Page 5 of 9 g. DISTRIBUTION AND PRESENTATION OF THE PROPOSED FY2017 BUDGET Staff report given by Interim City Manager, Richard Warne No public speakers Motion to receive proposed FY2017 Budget and schedule a public workshop to review on Thursday June 16, 2016 at 5:00 p.m. by Mayor Lara Second by Council Member Orozco Approved by unanimous vote d. NOTICE TO WASTE MANAGEMENT OF INLAND VALLEY City Attorney John Pinkney recused himself from this item Staff report given by Public Works Director, Amer Jahker No public speakers Public Comment opened and closed at 9:57 p.m. City of Beaumont June 07, 2016 MINUTES Page 6 of 9 Motion to Authorize City Manager to execute attached letter providing a notice to Waste Management of Inland Valley of the City's intent to not extend the term of the existing Solid Waste Agreement by Mayor Pro Tem White Second by Council Member Orozco Approved by unanimous vote e. RESOLUTION AUTHORIZING THE PAYMENT OF REASONABLE LEGAL FEES INCURRED BY CURRENT CITY PROFESSIONAL SERVICE PROVIDERS THAT ARE CALLED AS WITNESSES IN FURTHERANCE OF THE SECURITIES & EXCHANGE COMMISSION'S INVESTIGATION OF THE CITY. Staff report given by City Attorney, John Pinkney. Public Comment opened at 10:11 p.m. Judy Bingham - Spoke in opposition Nancy Hall - Spoke in opposition Motion to approve resolution authorizing the payment of reasonable legal fees incurred by current city professional service providers that may be called as witnesses to provide documents, evidence and testimony in furtherance of the SEC investigation by Council Member Orozco Second by Mayor Pro Tem White Approved by unanimous vote f. AMENDMENT TO BOND COUNSEL/LEGAL SERVICES AGREEMENT Staff report given by City Attorney, John Pinkney Public Comment opened at 10:34 p.m. Judy Bingham - Spoke in opposition Ron Roy - Asked Council to clarify the definition of bond council Nancy Hall - Spoke in opposition Public Comment closed at 10:41 p.m. Motion to Accept Amendment No 1 to the agreement between the City of Beaumont and Stradling, Yocca, Carlson & Rauth by Council Member Knight Second by Council Member Knight Approved by unanimous vote City of Beaumont June 07, 2016 4. CITY TREASURER REPORT MINUTES Page 7 of 9 Treasurer Carroll gave a summary on future action items and the Standing Financial Committee meetings. 5. CITY MANAGER REPORT a. Reports on Department Activities 1) Budget Workshop Interim City Manager Richard Warne gave a report on upcoming activities. b. Calendar of Events 1) Community Outlook 2) 4t" of July Celebration 6. CITY CLERK REPORT City Clerk Julio, Martinez gave a report on Public Records Requests. 7. CITY ATTORNEY REPORT a. Status of Litigation City Attorney, John Pinkney gave a report on current litigations and their status. 8. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. a. Approval of RFP — Building and Safety Inspection Services b. Ratification of Warrants dated May 12, 2016 C. Ratification of Warrants dated May 19, 2016 d. Ratification of Warrants dated May 27, 2016 e. Ratification of Warrants dated June 02, 2016 f. Approval of Minutes dated March 7, 2016 g. Waive 2nd Reading and Approve Ordinance Authorizing the Levy of Special Tax Within the Community Facilities District h. Waive 2nd Reading and Approve Ordinance Ordering the Recordation of Notice of Cessation of Special Tax Lien to Improvement Area 19B I. Anthony Martinez Reward Fund Closure and Distribution j. Award of Contract of GIS services to Interwest Consulting Group k. Renewal of Ramona Humane Society Contract I. Approval of 15,000 Increase to P.O No. PW2016-13B — Completion Services — Dennis Janda Inc. M. Exoneration of Performance and Maintenance Bond No. 5029664 n. Exoneration of Performance and Maintenance Bond No. 1083503 a a of City of Beaumont June 07, 2016 MINUTES Page 8of9 o. Award of Contract of Treatment Plant Expansion/Salt Mitigation Project - Albert A. Webb & Associates P. Award of Contract - Wastewater Treatment Plant Hoist Replacement - KoneCrane q. Approval of RFP - Sewer Rate Study and Update Request to pull items 8a, 8g, 81, 8o, and 8q Motion to approve items 8b, 8c, 8d, 8e, 8f, 8h, 8i, 8j, 8k, 8m, 8n, 8p by Mayor Lara Second by Council Member Knight Approved by unanimous vote a. Approval of RFP - Building and Safety Inspection Services No public speakers Motion to continue 8a to the next meeting by Council Member Condon Second by Mayor pro Tem White Motion withdrawn Motion to approve Item 8a by Mayor Pro Tem White Second by Mayor Lara Approved by unanimous vote g. Waive 2nd Reading and Approve Ordinance Authorizing the Levy of a Special Tax Within the Community Facilities District Public Comment opened at 11:15 p.m. Judy Bingham - Spoke in opposition Motion to approve 8g by Council Member Orozco Second by Council Member Knight Ayes: Council Member Orozco, Council Member Knight, Council Member Condon and Mayor Lara Noes: Mayor Pro Tem White Motion approved by a 4-1 vote I. Approval of 15,000 Increase to P.O No. PW2016-13B - Completion of Services - Dennis Janda Inc. Public Comment opened at 11:19 p.m. Judy Bingham - Spoke in opposition Nancy Hall - Spoke in opposition Motion to approve item 81 by Mayor Pro Tem White City of Beaumont June 07, 2016 Second by Mayor Lara Approved by unanimous vote MINUTES Page 9 of 9 o. Award of Contract of Treatment Plant Expansion/Salt Mitigation Project — Albert A. Webb & Associates Public Comment opened at 11:30 p.m. Judy Bingham — (declined to speak) Public Comment closed at 11:30 p.m. Motion to approve item 8o by Council Member Knight Second by Mayor Lara Approved by unanimous vote q. Approval of RFP — Sewer Rate Study and Update Public Comment opened at 11:32 p.m. Judy Bingham — spoke in opposition Public Comment closed at 11:33 p.m. Motion to approve item 8q by Mayor Lara Second by Council Member Knight Ayes: Council Member Orozco, Council Member Knight, Mayor Pro Tem, Mayor Lara Noes: Council Member Condon Approved by a 4-1 vote Adjournment of the City Council of the June 7, 2016 Meeting at 11:38 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and approved by: Julio Martinez III um, nt City C k r Date: 7 MINUTES Beaumont City Council Special Meeting Regular Session (5:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Thursday, June 16, 2016 Page 1 of 2 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. SPECIAL MEETING Regular Session began at 5:04 p.m. Place: Beaumont Civic Center Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present 1. PUBLIC COMMENT PERIOD ITEMS NOT ON THE AGENDA): Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. 2. ACTION ITEMS/PUBLIC HEARINGS/REQUESTS a. FY 2016/2017 BUDGET WORKSHOP Staff report and presentation given by Interim City Manager Richard Warne Public Comment opened at 6:08 p.m. Mary Daniels — Commended Council and asked they continue to be accountable and transparent Public Comment closed at 6:11 p.m. Mayor called for a five minute break. City of Beaumont June 16, 2016 Motion to receive and file by Council Member Orozco Second by Council Member Knight Approved by unanimous vote MINUTES Page 2 of 2 Adjournment of the City Council of the June 16, 2016 Meeting at 7:31 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and approved by: Julio Martin Il, eaumont ty Clerk Date: i l6 MINUTES Beaumont City Council Closed Session (4:00 p.m.) Regular Session (6:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Tuesday, June 21, 2016 Page 1 of 9 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. Closed Session began at 4:05 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: None Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION Public Comment opened at 4:06 p.m. Judy Bingham — Expressed concerns regarding the appointment of City Manager Public Comment closed at 4:07 p.m. Closed session was adjourned at 4:07 p.m. for the Council to privately discuss the matters before them. REGULAR MEETING Regular Session began at 6:31 p.m. Place: Beaumont Civic Center Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were Report from City Attorney regarding Closed Session Items: City of Beaumont MINUTES June 21, 2016 Page 2 of 9 a. Conference with Legal Counsel Regarding Existing Litigation — Pursuant to Government Code Section 54956.9(d)(1 )Western Riverside Council of Governments v. City of Beaumont [Case Number RIC 536164] (Appeal Filed) No reportable action b. Conference with Legal Counsel — Consideration of initiating potential litigation pursuant to Government Code Section 54956.9(d)(4) (2 potential case) No reportable action C. Conference with Legal Counsel — Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (one potential case) No discussion and no reportable action d. Public Employee Appointment pursuant to Government Code Section 54957 (Title: City Manager) No reportable action e. Conference with Legal Counsel — Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) — (This matter involves an investigation by the Securities & Exchange Commission) No discussion and no reportable action f. Conference with Labor Negotiators pursuant to Government Code Section 54957.6: Agency representatives (Interim City Manager Richard Warne and Administrative Services Director Kari Mendoza). Employee organization: POA (discussion and possible decision regarding proposed amendment to MOU) Motion to approve the addendum to article 5 regarding K9 handlers by Mayor Lara Second by Mayor Pro Tem White Ayes: Council Member Knight, Mayor Pro Tem White, Mayor Lara Noes: Council Member Condon, Council Member Orozco Motion approved by 3-2 vote Action on any requests for excused absence: None Pledge of Allegiance led by the Beaumont Queen and Court Invocation led by Pastor Mark Rogers Approval/Adjustments to Agenda: Addition to the Recognition section of the agenda for recognition of Detective Walsh Conflict of Interests Disclosure: None Announcements/Recognitions/Proclamations/Correspondence: Introduction of Beaumont Queen and Court 2016 City of Beaumont June 21, 2016 10851 Award to Detective Walsh MINUTES Page 3 of 9 1. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Public Comment opened at 6:42 p.m. Judy Bingham - Expressed concerns Gabe Ewing - Expressed concerns regarding the current Interim City Manager Martin Bright - Representing the Beaumont Rotary Club, spoke regarding the Beaumont Spirit Run Michelle Idera - Expressed concerns regarding a code enforcement issue Public Comment closed at 6:53 p.m. Public Comment re -opened at 6:54 p.m. Scott Mason - spoke regarding the Beaumont Spirit Run and spoke in favor of the fee waiver Public Comment closed at 6:56 p.m. 2. COUNCIL REPORTS This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel. Council Member Condon - Attended the Pass Water Agency Board Meeting. Council Member Knight - Spent time in North Carolina, gave thanks to Donna Franco Mayor Lara - No report given Council Member Orozco - Gave a summary of the Economic Development Meeting Mayor Pro Tem White - Announced a new e-mail address LWhite@ci.beaumont.ca.us 3. ACTION ITEMS/PUBLIC HEARINGS/REQUESTS a. BEAUMONT'S WORK OUT PLAN TO SUSTAINABILITY Staff report given by Consultants, Bob Deis and Michael Busch Public Comment opened at 8:43 p.m. Jeff Chambers - representing Pardee Homes, expressed concerns regarding CFD monies Judy Bingham - did not approach council City of Beaumont June 21, 2016 Public Comment closed at 8:47 p.m. Motion to receive report and set date for a workshop by Mayor Lara Second by Mayor Pro Tem White Approved by unanimous vote Direction to the City Clerk's Office to schedule workshops. Motion to have a joint meeting between the committees whereas the Mayor will be the moderator of the meeting Seconded by Mayor Pro Tem White Approve by unanimous vote b. FISCAL YEAR 2016/2017 BUDGET PUBLIC HEARING Staff report given by Interim City Manager, Richard Warne Public Hearing opened at 9:36 p.m. MINUTES Page 4 of 9 Jeff Chambers — representing Pardee Homes gave suggestions regarding the budget Blair Ball — expressed concerns regarding items within the proposed budget document Direction was given to Finance to create a report on the Wastewater Fund Public Hearing closed at 9:53 p.m. Motion to set a special meeting on Thursday June 30, 2016 by Motion to approve the budget with the changes presented tonight by Mayor Pro Tem White Second by Mayor Lara Approved by a 4-1 vote Ayes: Council Member Knight, Council Member Condon, Mayor Pro Tem White, Mayor Lara Noes: Council Member Orozco C. ORDINANCE AMENDING 17.11.110 HOME OCCUPATIONS Staff report given by Community Development Director, Rebecca Deming Public Hearing opened and closed at 10:01 p.m. Motion to approve the proposed ordinance amending Chapter 17.11.110 Home Occupations at the first reading as presented by Council Member Knight Second by Council Member Condon Approved by unanimous vote City of Beaumont MINUTES June 21, 2016 Page 5 of 9 d. ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 17 - ZONING Staff report given by Associate Planner, Kyle Warsinski No Speakers Public Hearing opened and closed at 10:06 p.m. Motion to approve the first reading of the Ordinance Amending Tables 17.03-3 "Permitted Land Uses for Base Zone Districts" and 17.03-4 "Permitted Land Uses for Overlay Zone Districts" within Chapter 17, "Zoning" of the Beaumont Municipal Code by Council Member Knight Second by Council Member Orozco Approved by unanimous vote e. REQUEST OF WAIVER FOR BEAUMONT SPIRIT RUN Public Comment opened at 10:10 p.m. Ron Rader — on behalf of the Rotary requested a fee waiver Jeff Chambers — representing Pardee homes offered that Pardee Homes will cover half of the cost requested. Motion to approve 50% of requested fee waiver as presented with the addition of Transit Services by Mark Orozco Second by Council Member Condon Approved by unanimous vote f. APPROVAL OF AND AUTHORIZATION TO PREPARE QUARTERLY CFD REPORTS Staff report given by Interim City Manager, Richard Warne No speakers Public Comment opened and closed at 10:24 p.m. Motion to authorize staff to prepare a Quarterly Community Facilities District Report for City Council and public and authorize staff to work with Urban Futures and Webb and Associates to gather information for the initial report by Mayor Pro Tem White Second by Mayor Lara Approved by unanimous vote g. NAME CHANGE OF STANDING FINANCIAL COMMITTEE Staff report given by Treasurer, Nancy Carroll City of Beaumont MINUTES June 21, 2016 Page 6 of 9 No speakers Public Comment opened and closed at 10:31 p.m. Motion to approve the ordinance in its first reading with the change of removing "Standing" from the name change and as an amendment to reflect the change to Financial and Audit Committee by Council Member Knight Second by Mayor Pro Tem White Approved by unanimous vote h. CITY ATTORNEY INVOICES — MAY 2016 City Attorney, John Pinkney recused himself Staff report given by Interim City Manager No speakers Public Comment opened and closed at 10:38 p.m. Motion to approve invoices in the amount of $88,628.09 by Council Member Condon Second by Council Member Orozco Approved by unanimous vote Direction to work with City Attorney have a closed session report of a breakdown of the invoices. Adjournment of the City Council Meeting to the Special Meeting of the City of Beaumont Successor Agency at 10:40 p.m. SPECIAL MEETING CITY OF BEAUMONT SUCCESSOR AGENCY (formerly Redevelopment Agency) 550 E. 6t" Street, Beaumont, California Tuesday, June 21, 2016 Successor Agency Meeting began at 10:40 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Chairman Lara, Vice Chairman White, Agency Member Knight, Agency Member Orozco, and Agency Member Condon were all present City of Beaumont MINUTES June 21, 2016 Page 7 of 9 Action on any requests for excused absence: None Approval/Adjustments to Agenda: None Conflict of Interests Disclosure: None A. RESOLUTION APPROVING THE TRANSFER OF THE BEAUMONT SPORTS PARK TO THE CITY OF BEAUMONT AND QUIT CLAIM DEED Staff report given by Associate Planner, Kyle Warsinski No speakers Public Comment opened at 10:43 p.m. Motion to adopt the attached Resolution approving the transfer of the Beaumont Sports Park (APNs 404-010-001 and 401-010-002) from the Successor agency to the former City of Beaumont Redevelopment Agency to the City of Beaumont by Vice Chairman White Second by Agency Member Knight Motion Approved by unanimous vote Adjournment of the June 21, 2016 Special Meeting of the City of Beaumont's Successor Agency at 10:49 p.m. RECONVENE CITY OF BEAUMONT CITY COUNCIL REGULAR MEETING Regular Meeting reconvened at 10:49 p.m. 4. CITY TREASURER REPORT Treasurer Carroll gave a summary on the Standing Financial Committee meetings a. Warrants b. Update on weekly meeting with staff 5. CITY MANAGER REPORT a. Reports on Department Activities b. Calendar of Events Interim City Manager, Richard Warne gave a report on department activities and the activation of the Cooling Center at the Albert Chatigny Community Center. City of Beaumont June 21, 2016 6. CITY CLERK REPORT MINUTES Page 8 of 9 City Clerk, Julio Martinez gave a summary of the Clerk's Office and the status of the Growth Initiative Petition. 7. CITY ATTORNEY REPORT No report 8. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. a. Ratification of Warrants dated June 9, 2016 b. Ratification of Warrants dated June 16, 2016 c. Approval of Minutes dated March 28, 2016 d. Approval of Minutes dated April 5, 2016 e. Approve Tolling Agreement with Norton Rose Fullbright US LLP f. Approve Tolling Agreement with MUFG Union Bank, NA g. Approve Tolling Agreement with McFarlin & Anderson LLP, George McFarlin and James Anderson h. Adopt Resolution of Annual Levy of Special Taxes for CFD 93-1 on the 2016/2017 County Tax Roll i. Award of Bond Trustee Services — Wilmington Trust j. Approval of Planning Area 37 Sundance Park as Presented k. Approve and Authorize the release of Bond Nos. 5024064-M, 82191967, 81933505-M, 82191973, 5024064-M, 82191967, and 81933505-M I. Approve Purchase Orders BLDG2017-01, BLDG2017-02, BLDG2017-03, PLAN2017-02, PLAN2017-03, PLAN2017-04 m. Adopt Resolution Approving the Transfer of The Beaumont Sports Park to the City of Beaumont n. Approve Purchase Order AD2016-16a o. Adoption of FY2016-2017 Appropriations Limit p. Award of Contract — Groundwater and Surface Water Monitoring Service — Dudek Request to pull 8h and 8n Motion to approve consent list with the exception of items 8h and 8n by Mayor Lara Second by Council Member Knight Approved by unanimous vote 8h. Adopt Resolution of Annual Levy of Special Taxes for CFD 93-1 on the 2016/2017 County Tax Roll Richard Wall of Webb and Associates answered questions from Council. City of Beaumont June 21, 2016 Motion to approve item 8h by Mayor Pro Tem White Second by Council Member Condon Approved by unanimous vote 8n. Approve Purchase Order AD2016-16a No Speakers Motion to approve item 8n by Council Member Condon Motion withdrawn MINUTES Page 9 of 9 Motion to continue this item on the next regular Council Meeting by Mayor Pro Tem White Second by Council Member Condon Approved by unanimous vote Adjournment of the City Council of the June 21, 2016 Meeting at 11:14 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified mid approved by: Juliq"Wrti iez Ill, Beaumont City Clerk Date: � I it 116 11TAI`l11111;K Beaumont City Council Closed Session (4:00 p.m.) Regular Session (6:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Tuesday, July 5, 2016 Page 1 of 7 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. Closed Session began at 4:05 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: None Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION No Speakers Public Comment opened and closed at 4:05 p.m. Closed session was adjourned at 4:05 p.m. for the Council to privately discuss the matters before them. REGULAR MEETING Regular Session began at 6:25 p.m. Place: Beaumont Civic Center Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present. Report from City Attorney regarding Closed Session Items: a. Conference with Legal Counsel Regarding Existing Litigation — Pursuant to Government Code Section 54956.9(d)(1 )Western Riverside Council of Governments v. City of Beaumont [Case Number RIC 536164] (Appeal Filed) City of Beaumont July 5, 2016 No reportable action MINUTES Page 2of7 b. Conference with Legal Counsel — Consideration of initiating potential litigation pursuant to Government Code Section 54956.9(d)(4) (1 potential case) No reportable action C. Public Employee Appointment pursuant to Government Code Section 54957 (Title: City Manager) No reportable action d. Conference with Labor Negotiators pursuant to Government Code Section 54957.6: (City's designated representatives: Mayor Mike Lara or his designee) Unrepresented Employee: City Manager. No reportable action e. Conference with Legal Counsel — Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) — (This matter involves an investigation by the Securities & Exchange Commission) No reportable action Conference with legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1) (one Case: Aryn Turner, Aaron Turner and Alicia Turner v. City of Beaumont et.al. (Case No. RIC 1607623) No reportable action g. Conference with legal counsel regarding anticipated litigation: Significant Exposure to litigation pursuant to Government Code Section 54956.9(d)(2) (discussion and action to approve, settle or deny claim by AC Propane, David Castaldo and Vanna Castaldo) Motion to reject claim by Mayor Pro Tem White Second by Council Member Orozco Approved by unanimous vote Action on any requests for excused absence: Pledge of Allegiance led by Mayor Lara Invocation led by Fire Chaplain Hunter Approval/Adjustments to Agenda: Request that 3a be continued to a future meeting Conflict of Interests Disclosure: None Announcements/Recognitions/Proclamations/Correspondence: City of Beaumont July 5, 2016 MINUTES Page 3 of 7 1. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA): Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Public Comment opened at 6:28 p.m. Ron Roy - Expressed concerns regarding economic development. Dan Hughes - Spoke regarding the Fourth of July event. Judy Bingham - Spoke regarding Public Records Requests. Public Comment closed at 6:36 p.m. 2. COUNCIL REPORTS This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel. Council Member Condon - Shared a conversation regarding economic development. Attended the Fourth of July Celebration. Council Member Knight - Attended Jury Duty. Mayor Lara - Attended the Fourth of July Event. Council Member Orozco - Attended the Fourth of July Celebration. Spoke about the Economic Development Committee Mayor Pro Tem White - Attended the Fourth of July Celebration. 3. ACTION ITEMS/PUBLIC HEARINGS/REQUESTS a. RETENTION OF ORRICK HERRINGTON AND STUCLIFFE, LLP TO REPRESENT THE CITY IN CONNECTION WITH FINANCIAL AND RESTRUCTURING CHALLENGES FACING THE CITY Item continued to the next Regular Council Meeting b. SHORT RANGE TRANSIT PLAN FY 2016-2017 Staff report given by Management Analyst, Celina Cabrera Public Comment opened and closed at 6:46 p.m. Motion to approve the SRTP for FY 2016-17 as presented by Council Member Knight Second by Mayor Pro Tem White Approved by unanimous vote City of Beaumont July 5, 2016 C. BEAUMONT UTILITY AUTHORITY FINANCIAL REPORT Staff report given by Interim Finance Director, Melana Taylor. Public Comment opened at 7:01 p.m. Judy Bingham — Expressed concerns regarding Wastewater Funds Public Comment closed at 7:04 p.m. MINUTES Page 4 of 7 Motion to accept and file with the addition of a footnote to the Beaumont Utility Fund Financial Report as presented by Mayor Lara Second by Mayor Pro Tem White Approved by unanimous vote d. AUTHORIZATION TO USE ALBERT A. WEBB AND ASSOCIATES TO ASSIST THE CITY IN ITS RECONCILIATION OF COMMUNITY FACILITY DISTRICT (CFD) FUNDS, FORENSIC AUDIT, AUDIT OF CONSTRUCTED FACILITIES IN EACH COMMUNITY FACILITY DISTRICT (CFD) IMPROVEMENT AREA AND PROVIDE OTHER INFORMATION NEEDED BY THE CITY FOR ON-GOING INVESTIGATIONS, CLAIMS AND LAWSUITS. Staff report given by Interim City Manager, Richard Warne. Public Comment opened at 7:29 p.m. Judy Bingham — Asked questions regarding Webb and Associates and expressed concerns Public Comment closed at 7:32 p.m. Motion to authorize the use of Albert A Webb and Associates to assist the City in its reconciliation of Community Facilities District (CFD) funds, forensic audit, audit of constructed facilities in each Community Facility District (CFD) Improvement Area and provide other information needed by the City for on-going investigations, claims and lawsuits for half of the proposed amount with regular updates to be presented to Council by Council Member Condon Second by Council Member Orozco Approve by a 3-2 vote Ayes: Orozco, Knight, Condon Noes: Lara, White Mayor called a five minute recess. City of Beaumont July 5, 2016 4. CITY TREASURER REPORT MINUTES Page 5 of 7 Treasurer Carroll gave a summary on Warrants and the Standing Financial Committee Meeting. Asked Council for direction on the Work Out Plan Workshop. Public Comment opened at 8:21 p.m. Judy Bingham - Spoke regarding the Standing Financial Committee. Public Comment closed at 8:24 p.m. 5. CITY MANAGER REPORT No report. 6. CITY CLERK REPORT Deputy City Clerk, Nicole Wheelwright gave an update on the scheduling of the Workout Plan Workshop. No Speakers Public Comment opened and closed at 8:25 p.m. 7. CITY ATTORNEY REPORT a. Pending Litigation Status Report Report given by Attorney, Robert Patterson of SBEMP Public Comment opened at 8:28 p.m. Judy Bingham - asked questions regarding the status report Public Comment closed at 8:29 p.m. 8. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. a. Ratify Warrants dated June 23, 2016 b. Approval of Minutes dated February 24, 2016 c. Approval of Cooperative Agreement with City of Calimesa for Transit Services and Establishing Route 136 d. Approval of RFP - Feasibility Study for CNG Fueling Station e. Approval of Business License/Home Occupation Permit - Valley Cab f. Waive Second Reading and Approve Ordinance Amending Chapter 17 - Zoning g. Waive Second Reading and Adopt Ordinance Amending Chapter 17.11.110 - Home Occupations City of Beaumont July 5, 2016 MINUTES Page 6 of 7 h. Waive Second Reading and Approve Ordinance Amending Chapter 2.35 - Standing Financial Committee i. Approve Resolution to Notice and Hold a General Municipal Election on November 8, 2016 j. Approve Resolution to Adopt Regulations for Candidates of the Elective Office k. Award of Contract - Sewer Cleaning/Debris Removal Services to Houston Harris I. Accept the Agreements for Security improvements for Tracts 31469-8 and 31470 m. Notice of Acceptance and Exoneration of Bond Nos. 103365286-M and 103365287-M n. Award of Contract - Wastewater Regulatory Support Services to G&G Environmental Consultants Inc. o. Award of Contract - Emergency Mesa Lift Station Repair to Houston Harris Request to pull items 8d and 80. Motion to approve items 8a, 8b, 8c, 8e, 8f, 8g, 8h, 81, 8j, 81k, 81, 8m, 8n by Mayor Lara Second by Council Member Knight Approved by unanimous vote d. Approval of RFP - Feasibility Study for CNG Fueling Station Public Comment opened at 8:41 p.m. Judy Bingham - Expressed concerns regarding insurance Public Comment closed at 8:41 p.m. Motion to approve by Council Member Orozco Second by Council Member Knight Approved by unanimous vote o. Award of Contract - Emergency Mesa Lift Station Repair to Houston Harris Public Works Director, Amer Jahker, corrected the request for award of contract to be to SWC, Xylem as well as NV5 for repairs. Motion to award to SCW, Xylem and NV5 by Council Member Orozco Second by Mayor Lara Approved by unanimous vote City of Beaumont July 5, 2016 Adjournment of the City Council of the July 5, 2016 Meeting at 8:51 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and approved Julio Martinez III Date: V )t4 MINUTES Page 7 of 7 MINUTES Beaumont City Council Special Meeting Closed Session (1:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Thursday, July 7, 2016 Page 1 of 2 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the, City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. Closed Session began at 1:00 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: None Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION No Speakers Public Comment opened and closed at 1:01 p.m. Closed session was adjourned at 1:02 p.m. for the Council to privately discuss the matters before them. a. Public Employee Appointment pursuant to Government Code Section 54957 (Title: City Manager) Report from City Attorney regarding Closed Session Item: No reportable action City of Beaumont July 7, 2016 Adjournment of the City Council of the July 7, 2016 Meeting at 7:23 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and approved by: Julio Martin III, B aumo t City Clerk Date: -7//3/16 MINUTES Page 2 of 2 MINUTES Beaumont City Council Special Meeting Closed Session (6:00 p.m.) Regular Session (8:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Wednesday, July 13, 2016 Page 1 of 3 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. Closed Session began at 6:06 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, and Council Member Orozco were present Council Member Brenda Knight was in attendance at 6:08 Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: None Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION Public Comment opened at 6:06 p.m. Judy Bingham — Asked questions regarding Western Riverside Council of Governments Public Comment closed at 6:08 p.m. Closed session was adjourned at 6:08 p.m. for the Council to privately discuss the matters before them. REGULAR MEETING Regular Session began at 8:25 p.m. Place: Beaumont Civic Center Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present City of Beaumont MINUTES July 13, 2016 Page 2 of 3 Report from City Attorney regarding Closed Session Items: a. Conference with Legal Counsel Regarding Existing Litigation — Pursuant to Government Code Sections 54956.9(d)(1) Western Riverside Council of Governments v. City of Beaumont [Case Number RIC 536164] (Appeal Filed) No reportable action Action on any requests for excused absence: None Pledge of Allegiance led by Mayor Lara Approval/Adjustments to Agenda: None Conflict of Interests Disclosure: None 1. PUBLIC COMMENT PERIOD ITEMS NOT ON THE AGENDA): Any one person may address the City Council on any matter not on this agenda. if you wish to speak, please fill out a 'Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Public Comment opened at 8:27 p.m. Judy Bingham — Spoke concerns regarding taxes Public Comment closed at 8:29 p.m. 2. ACTION ITEMS/PUBLIC HEARINGS/REQUESTS a. RETENTION OF ORRICK HERRINGTON AND SUTCLIFFE, LLP TO REPRESENT THE CITY IN CONNECTION WITH FINANCIAL AND RESTRUCTURING CHALLENGES FACING THE CITY Staff report given by Interim City Manager, Richard Warne and City Attorney, John Pinkney It has been asked that the following be included in the record of the Minutes: "This is Retention of Orrick Herrington and Sutcliffe, LLP to Represent the City in Connection with Financial and Restructuring Challenges Facing the City. As the Council is aware, the City is currently in a challenging financial condition. This condition is made exigent by the fact that a sizeable judgment was rendered against the City in favor of WRCOG. In addition, the City has received recent sizeable claims, including one from the Beaumont Cherry Valley Park and Recreation District The City also has several pending lawsuits. With these claims mounting, the City requires the assistance of a qualified law firm with expertise in the field of restructuring debt and dealing with creditors. In light of the exigent need for such legal assistance, the City Attorney has contacted and interviewed partners Marc Levinson and John Knox from the law firm of Orrick Herrington and Sutcliffe ("Orrick'). Orrick has significant City of Beaumont MINUTES July 13, 2016 Page 3 of 3 expertise in assisting public agencies in connection with financial and restructuring challenges. The retention of Orrick will play a vital role in efforts to place the City on a sustainable financial path going forward. Given the current circumstances facing the City, the City does not have sufficient time to go through an RFP process. The City's professional services ordinance allows the council to contractfor professional services without an RFP process where exigent circumstances exist. Given the above and all of the other facts, circumstances and issues with which the City is dealing, current circumstances are exigent and it is recommended that the Council retain the services of Orrick to aid the City in dealing with financial and restructuring challenges. A proposed legal services agreement is contained within the Council Packet for council consideration. The hourly rates of Orrick's attorneys are setforth in the proposed Legal Services Agreement. Public Comment opened at 8:36 p.m. Judy Bingham — Spoke in opposition Public Comment closed at 8:39 p.m. Motion to Obtain Orrick and Herrington to by Council Member Orozco Second by Mayor Pro -Tem White Approved by unanimous vote Adjournment of the City Council of the July 13, 2016 Meeting at 8:47 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and approed by: Julio Martip0`74 il, Beau(norit eKy Clerk Date: /-4/G MINUTES Beaumont City Council Closed Session (4:00 p.m.) Regular Session (6:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Tuesday, August 2, 2016 Page 1 of 9 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. Closed Session began at 4:05 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Council Member Condon, Council Member Knight, and Council Member Orozco were present. Mayor Pro -Tem White was absent for Closed Session Roll Call Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: None Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION No Speakers Public Comment opened and closed at 4:05 p.m. Closed session was adjourned at 4:05 p.m. for the Council to privately discuss the matters before them. REGULAR MEETING Regular Session began at 6:31 p.m. Place: Beaumont Civic Center Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present. For record of Minutes, Mayor Pro -Tem White was in attendance of the Closed Session Report from City Attorney regarding Closed Session Items: City of Beaumont MINUTES August 2, 2016 Page 2 of 9 a. Conference with Legal Counsel Regarding Existing Litigation — Pursuant to Government Code Section 54956.9(d)(1) Western Riverside Council of Governments v. City of Beaumont (Case No. RIC 536164) Appeal filed; No reportable action and continued to the end of the regular session. b. Conference with Legal Counsel regarding anticipated litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) (Discussion and possible action to approve, settle or deny claim by Pardee Homes); No reportable action. C. Conference with Legal Counsel — Consideration of initiating potential litigation pursuant to Government Code Section 54956.9(d)(4) (2 potential case); No reportable action. d. Conference with Legal Counsel -Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) — ( This matter involves an investigation by the Securities and Exchange Commission); No reportable action. e. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1) (Two Cases: Case no. 1. Aryn Turner, Aaron Turner and Alicia Turner v. City of Beaumont et.al. (Case No. RIC 1607623); Case no. 2. Charles Peters dba Pioneer Mobile v. City of Beaumont et. Al. (Case number SCI 26064); Case No. 1 Motion to defend the case by Council Member Knight Second by Mayor Lara Approved by unanimous vote Case No. 2 Motion to defend the case by Mayor Lara Second by Knight Approved by unanimous vote Action on any requests for excused absence: None Pledge of Allegiance led by Mayor Lara Approval/Adjustments to Agenda: None Conflict of Interests Disclosure: None Announcements/Recognitions/Proclamations/Correspondence: Presentation 1. Recognition of 30 years of Service — Gilbert Krieter City of Beaumont MINUTES August 2, 2016 Page 3 of 9 Presentation 2. Introduction of Beaumont Police Department K-9 1. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA): Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Public Comment opened at 6:46 p.m. Judy Bingham — Expressed concerns regarding financial audits. David Castaldo — Requested assistance regarding property purchased from the City. Ron Roy — Spoke in opposition regarding an item going to Planning Commission on August 4, 2016 and requested a waiver of appeal fees in the event the item is approved. Anita Worthen — Expressed appreciation of Law Enforcement. Kevin Ferguson — Requested street lights on Brookside Ave including the intersection at Hannon Rd. Public Comment closed at 6:58 p.m. 2. COUNCIL REPORTS This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel. Council Member Condon — Spoke regarding a Water Allocation issue. Attended a Chad Mays event honoring a Veteran. Shared ideas of a scholarship program in Beaumont. Attended the Standing Financial Meeting. Council Member Knight — Also attended the Chad Mays event. Will be attending the launch of the new Transit Route 136. Mayor Lara — Spoke regarding a support walk for Beaumont Police Department and gave his appreciation. Council Member Orozco — Thanked the Police Department for organizing a Neighborhood Watch meeting in Fairway Canyon. Shared appreciation of the upcoming new route 136. Mayor Pro Tem White — No report 3. ACTION ITEMS/PUBLIC HEARINGS/REQUESTS a. PRESENTATION OF FINAL DRAFT OF TITLE 22 ENGINEERS REPORT Presentation given by Brian Knoll and Justin Logan of Albert A Webb and Associates. Public Comment opened at 7:32 p.m. Judy Bingham — Expressed concerns regarding the Waste Water Treatment Plant. City of Beaumont MINUTES August 2, 2016 Page 4 of.9 Public Comment closed at 7:36 p.m. Motion to receive and file the final draft of the Title 22 Engineers Report by Mayor Lara Second by Council Member Knight Approved by unanimous vote Mayor called for a 5 minute break. b. RESOLUTION 2016- ESTABLISHING A TRANSIT AD HOC 2X2 COMMITTEE WITH THE CITY OF BANNING TO DISCUSS TRANSIT SERVICES IN THE PASS AREA Staff report given by Interim City Manager, Richard Warne. No Speakers Public Comment opened and closed at 8:28 p.m. Motion to amend the Resolution to reword that the Council establish a 2x2 committee to discuss mutual issues by Council Member Orozco Motion dies for lack of second Motion to not adopt the presented resolution by Mayor Pro Tem White Second by Council Member Knight Noes: Orozco, Condon Ayes: Knight, White, Lara Motion passed by a 3-2 vote. c. RESOLUTION 2016- ESTABLISHING A CANNABIS AD HOC 2X2 COMMITTEE WITH THE CITY OF BANNING TO DISCUSS CANNABIS REGULATION IN THE PASS AREA No Speakers Public Comment opened and closed at 8:50 p.m. Chief of Police, Sean Thuilliez, shared that he is in communications with the Police Chief of Banning regarding issues including this topic and will continue to do so. Mayor Lara asked that Thuilliez report back on these discussions. Motion to reject the Resolution present by Mayor Pro -Tem White Second by Mayor Lara Motion approved by unanimous vote d. RESOLUTION 2016- ESTABLISHING THE YOUTH ADVISORY COUNCIL (COMMITTEE) OF THE CITY OF BEAUMONT City of Beaumont MINUTES August 2, 2016 Page 5 of 9 Staff report given by Council Member, Mark Orozco. No Speakers Public Comment opened at 9:08 p.m. Motion to reject the Resolution establishing the Youth Advisory Council by Mayor Pro Tem White Second by Mayor Lara Noes: Orozco, Condon Ayes: Knight, White, Lara e. DESIGNATION OF VOTING DELEGATES AND ALTERNATES FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE Staff report given by Interim City Manager, Richard Warne No Speakers Public Comment opened and closed at 9:22 p.m. Mayor Pro -Tem White clarified that if he is not chosen as the delegate, that he would like to withdraw his request to attend the conference for cost reasons. Motion amended to designate Mayor Pro Tem White as the voting delegate and Council Member Orozco as the alternate voting delegate by Mayor Pro Tem White Second by Council Member Knight Approved by unanimous vote f. CITY ATTORNEY INVOICES — JUNE 2016 City Attorney, John Pinkney recused himself for this item. Staff report given by Interim City Manager, Richard Warne No Speakers Public Comment opened and closed at 9:34 p.m. Motion to approve invoices in the amount of $77,420.88 by Council Member Condon Second by Mayor Pro -Tem White Approved by unanimous vote 4. CITY TREASURER REPORT City of Beaumont August 2, 2016 MINUTES Page 6of9 Treasurer Carroll gave a summary on Warrants, Status update on a Trustee and the Standing Financial Committee 5. CITY MANAGER REPORT No report. 6. CITY CLERK REPORT City Clerk, Julio Martinez, gave a summary on Public Records Requests. 7. CITY ATTORNEY REPORT City Attorney, John Pinkney, gave a summary on current litigation in relation to the June 2016 invoices. 8. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. a. Ratification of Warrants dated June 30, 2016 b. Ratification of Warrants dated July 7, 2016 c. Ratification of Warrants dated July 13, 2016 d. Ratification of Warrants dated July 21, 2016 e. Ratification of Warrants dated July 27, 2016 f. Approval of Minutes dated June 7, 2016 g. Approval of Minutes dated June 16, 2016 h. Approval of Minutes dated June 21, 2016 i. Approval of Minutes dated July 7, 2016 j. Approve Request for Proposal - General Plan Update k. Approval of Tolling Agreement - Rod Gunn and Rod Gunn Associates I. Approval of Tolling Agreement - Urban Logic Consultants Inc. m. Approval of Tolling Agreement - O'Connor & Company Securities, Inc. n. Approve First Amendment to the Agreement for Professional Services Between the City of Beaumont and Alfred A. Webb and Associates to Provide a One -Year Extension to the Contract for Community Facilities District (CFD) Administration Services o. Approve First Amendment to the Agreement for Professional Services Between the City of Beaumont and Public Management, a Division of Renne Sloan Holtzman Sakai, LLP to provide Management Consulting Support by Bob Deis p. Receive and File Quarterly Cash and Investments Report q. Approval of League of California Cities 2016 Annual Conference and Expo Registration - Lloyd White in the amount of $600.00 City of Beaumont August 2, 2016 MINUTES Page 7 of 9 r. Approval of League of California Cities 2016 Annual Conference and Expo Registration — Mark Orozco in the amount of $600.00 s. Award of Contract — Building and Safety On -Call Inspection Services to Wildan Engineering and CSG Consultants t. Approval of Purchase Order for Interim Finance Staffing Services in the amount of $50,000 u. Approval of Purchase Order for Public Works Staffing Services in the amount of $67,000 v. Approval of Report and Account of Costs for Weed Abatement and Adopt Resolution 2016- w. Adopt Resolution Ordering the Collection of Delinquent Sewage and Sanitation Fees and Directing the County Auditor to Collect Such Fees on the Tax Rolls x. Adopt Resolution Establishing Annual Sewer Standby Charges y. Approval of Solicitation of Construction Bids for Traffic Signal Modifications at Beaumont Avenue and Oak Valley Parkway z. Award of Contract — Traffic Signal Maintenance and Emergency Signal Maintenance to St. Francis Electric LLC in the Amount of $41,040 aa. Approval of Request for Proposal for Fixed Assets, Pavement Management Inventory Maintenance Services in Compliance with GASB 34 bb. Award of Contract — Professional Engineering Design Services for Wastewater Treatment Plant Access and Parking Lot Paving to Engineering Resources of Southern California Inc. in the Amount of $56,910 cc. Approval of Agreement to Provide Financial Security for Track #31469-9, #31469-10 and 31469-6 — Pardee Homes dd. Approval of Notice of Completion and Exoneration of Performance Bond No. 929598708 for Cherry Ave from Oak Valley Parkway to Cougar Way, Street Improvements on Tract Map #31469 ee. Approval of Notice of Completion and Exoneration of Performance Bond No. 8696096 for Sewer Improvements on Tract Map #34862-1 Located Between Oak Valley Pkwy and Starlight Ave. ff. Approval of Final Map for Tract #33096-12 Improvement Agreement for Construction of Public Improvements, and Dedication of Land and Public Easements Request to pull items 8h, 8j, 81, 8q, 8r, 8v, 8w Motion to approve the remaining items of the Consent Calendar by Mayor Lara Second by Mayor Pro -Tem White Approved by unanimous vote 8h. Approval of Minutes dated June 21, 2016 Motion to approve with the corrections stated by Mayor Pro -Tem White Second by Mayor Lara Approved by unanimous vote 8j. Approve Request for Proposal — General Plan Update City of Beaumont August 2, 2016 MINUTES Page 8 of 9 Motion to approve with the amendment of adding a Managed Growth element by Mayor Pro Tem White Motion amended to bring the RFP back to Council with the amendment of Managed Growth element by Mayor Pro Tem White Second by Mayor Lara Approved by unanimous vote 81. Approval of Tolling Agreement - Urban Logic Consultants Inc. City Attorney, Pinkney asked that this item be pulled from consideration. 8q. Approval of League of California Cities 2016 Annual Conference and Expo Registration - Lloyd White in the amount of $600.00 Council Member White recused himself. Motion to approve by Council Member Knight Second by Council Member Condon Ayes: Orozco, Knight, Condon, Lara Approved by 4-0 vote Recused: White 8r. Approval of League of California Cities 2016 Annual Conference and Expo Registration - Mark Orozco in the amount of $600.00 Council Member Orozco recused himself. Motion to approve by Council Member Condon Motion dies for lack of second Item not approved due to lack of motion. 8v. Approval of Report and Account of Costs for Weed Abatement and Adopt Resolution 2016 - Council Member Condon asked for future that if this cost in the future goes up to consider bringing back an employee from layoffs. Motion to approve by Council Member Condon Second by Mayor Pro Tem White Approved by unanimous vote 8w. Adopt Resolution Ordering the Collection of Delinquent Sewage and Sanitation Fees and Directing the County Auditor to Collect Such Fees on the Tax Rolls City of Beaumont August 2, 2016 MINUTES Page 9 of 9 Motion to approve by with the correction of adjusting the mistake of pre - populated votes on the resolution to reflect tonight's votes by Mayor Pro Tem White Second by Mayor Lara Approved by unanimous vote Adjournment of the City Council to Closed Session at 10:06 p.m. to discuss Item A of the Closed Session Agenda. Report out from Closed Session a. Conference with Legal Counsel Regarding Existing Litigation — Pursuant to Government Code Section 54956.9(d)(1) Western Riverside Council of Governments v. City of Beaumont (Case No. RIC 536164) Appeal filed; No reportable action Adjournment of the City Council of the August 2, 2016 meeting at 10:52 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and approved by: Julio Martinez III. Beaum rit i lerk Date: MINUTES Beaumont City Council Special Meeting Closed Session (12:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Friday, August 5, 2016 Page 1 of 2 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. Closed Session began at 12:11 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: None Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION Public Comment opened at 12:12 p.m. Judy Bingham — Expressed concerns regarding the Chambers Group and the interviewing process of hiring a City Manager. Nancy Hall — Expressed concerns regarding Planning Commission agenda item regarding the Hidden Canyon project as well as the interviewing process. Public Comment closed at 12:17 p.m. Closed session was adjourned for the Council to privately discuss the matters before them. a. Public Employee Appointment pursuant to Government Code Section 54957 (Title: City Manager) Report from City Attorney regarding Closed Session Item: City of Beaumont August 5, 2016 No reportable action MINUTES Page 2 of 2 Adjournment of the City Council of the August 5, 2016 Meeting at 5:12 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and approved by: Julio Ma III, Beauhouttity Clerk Date: I 12-o )t MINUTES Beaumont City Council Workshop (5:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) Finance and Audit Committee Economic Development Committee 550 E. 6th Street, Beaumont, California Thursday, August 11, 2016 Page 1 of 2 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight were present and Council Member Orozco was absent at the time of roll call Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: None Conflict of Interests Disclosure: None 1. PUBLIC COMMENTS REGARDING CLOSED SESSION Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Public Comment opened at 5:10 p.m. Judy Bingham — Expressed concerns regarding Public Records Requests Public Comment closed at 5:13 p.m. Roll Call of Committee Members. 2. Workshop Presentation given by Michael Busch of Urban Futures Inc. City of Beaumont August 11, 2016 MINUTES Page 2 of 2 Point of order, Council Member, Mark Orozco became in attendance at 5:24 p.m. Jennifer Burnett became in attendance later in the meeting Richard Bennecke became in attendance later in the meeting Public Comment opened at 6:34 p.m. Judy Bingham — Expressed concerns regarding solvency. Public Comment closed at 6:37 p.m. Question and Comments period Adjournment of the City Council of the August 11, 2016 Meeting at 8:13 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and 9pproved by- Julio,foaftHez III, Date: i ho h '- ont City Clerk MINUTES Beaumont City Council Closed Session (4:00 p.m.) Regular Session (6:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Tuesday, August 16, 2016 Page 1 of 8 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. CLOSED SESSION Closed Session began at 4:05 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Council Member Condon and Council Member Knight were present. Mayor Pro Tem White and Council Member Orozco were absent during Closed Session Roll Call Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: None Conflict of Interests Disclosure: None 1. Public Comments Regarding Closed Session No Speakers Closed session was adjourned at 4:06 p.m. for the Council to privately discuss the matters before them. REGULAR MEETING Regular Session began at 6:22 p.m. Place: Beaumont Civic Center Point of Order: Mayor Pro Tem White arrived at 4:08 p.m. Council Member Orozco arrived at 5:10 p.m. City of Beaumont August 16, 2016 MINUTES Page 2 of 8 Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Report from City Attorney regarding Closed Session Items: 2. Conference with Legal Counsel Regarding Existing Litigation — Pursuant to Government Code Section 54956.9(d)(1) Western Riverside Council of Governments v. City of Beaumont (Case No. RIC 536164) Appeal filed No reportable action 3. Conference with Legal Counsel regarding anticipated litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) (Discussion and possible action to approve, settle or deny claim by Pardee Homes) No reportable action 4. Conference with Legal Counsel — Consideration of initiating potential litigation pursuant to Government Code Section 54956.9(d)(4) (1 potential case) No reportable action 5. Conference with Legal Counsel -Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) — ( This matter involves an investigation by the Securities and Exchange Commission) No reportable action 6. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1) (Two Cases: Case no. 1. Aryn Turner, Aaron Turner and Alicia Turner v. City of Beaumont, et al. (Case No. RIC 1607623); Case no. 2. Charles Peters dba Pioneer Mobile v. City of Beaumont, Et. Al. (Case number SCI 26064) Case 1: No reportable action Case 2: Motion to provide a defense with and Keith Hightower by Mayor Pro Second by Mayor Lara Approved by unanimous vote reservation of rights to Elizabeth Urtiaga Tem White 7. Consideration of Appointment /Employment of City Manager Pursuant to Government Code Section 54957(b) No reportable action City of Beaumont August 16, 2016 MINUTES Page 3 of 8 8. Conference with labor negotiators pursuant to Government Code Section 54957.6: City designated representatives William Avery, and City Attorney John Pinkney. Unrepresented employee (City Manager) No reportable action Action on any requests for excused absence: Pledge of Allegiance: Approval/Adjustments to Agenda: Conflict of Interests Disclosure: None Led by Mayor Pro Tem White Removal of Consent Item no. 11, introduction of new agenda format. Correction on Council reports. Should state "updates on city actions taken, committee assignments, and training and travel." None Announcements/Recognitions/Proclamations/Correspondence: 1. Introduction of New Transit Employees, Chris Grogen, Daniel Diaz, Joseph Mamea, and Luis Fonseca. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA): Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Public Comment opened at 6:26 p.m. Judy Bingham - Expressed concerns on various concerns. Anita Worthen - Shared success of "America's Night Out" in Four Seasons. Nancy Hall - Expressed concerns regarding various concerns. Ron Roy - Expressed concerns regarding warehouses in Beaumont and Potrero. Adan Espinoza - Expressed concerns regarding the denial of the Youth Advisory Committee presented. Kat Peterson, Jesus Sandoval, Michael Stevens - Expressed concerns regarding the denial of the Youth Advisory Committee presented. Public Comment closed at 6:42 p.m. COUNCIL REPORTS This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel. City of Beaumont August 16, 2016 MINUTES Page 4 of 8 Council Member Condon — Reported on the Rotary Club Meeting, the HAMM radio meeting, and the Pass Com meeting. Also attended the Route 136 kick off. Shared the outcome of the discussion at the Workout Plan Workshop. Council Member Knight — Reported on the T -Now meeting and the addition of routes to connect to Route 120. Reported on the kick off of Route 136. Mayor Lara — Attended the Collaborative Agency Meeting. Reported on the outcome of the discussion at the Workout Plan Workshop. Council Member Orozco — Shared the outcome of the discussion at the Workout Plan Workshop. Mayor Pro Tem White — Shared the outcome of attendance and discussion at the Workout Plan Workshop. ACTION ITEMS/PUBLIC HEARINGS/REQUESTS 2. Discussion of Potrero Interchange Project and Direction to Staff Staff report given by Interim City Manager, Richard Warne, Michael Busch of Urban Futures and Public Works Engineer, Amer Jahker. Public Comment opened at 7:36 p.m. Jason Bennecke — Represented as the CalTrans Project Manager for Potrero. Gave suggestions for the project moving forward. Nancy Hall — Expressed concerns regarding emergency services. Judy Bingham — Spoke in opposition. Sharon Geiser — Expressed concerns regarding going forward with the project. Bernie Balland — Expressed concerns regarding going forward with the project and gave suggestions. Madhi Bolour — Spoke in favor of the project. Justin Rubel — Spoke in favor of the project. Elmer Diaz - Representing IBEW 440, spoke in favor of the project. David Alva — Representing IBEW 440, and construction workers in the Riverside area, spoke in favor of the project. City of Beaumont August 16, 2016 MINUTES Page 5 of 8 Larry Kosmont — Representing Kosmont Companies, gave suggestions for moving forward with the project. Peter Helfrich — Spoke in support of the project. Bruce McDonald — Representing as a landowner in the region of the Potrero project, spoke in favor of the project. Scott Krenkel — Spoke in favor. David Golkar — Spoke in support. Joseph Dieguez — Representing Kosmont Companies, spoke in favor of the project. Robert Peraza. - Expressed concerns of making the use of local labor workers a priority when moving forward with this project. Spoke in favor. Sharon Hamilton - Spoke on behalf of Mary Daniel. Spoke in opposition of the project. Ron Roy — Spoke in opposition of the project. Brian Hall — Spoke in favor of the project. Cecilia Aquino — Spoke in favor of the project. Jeff Chambers — Representing Pardee Homes, spoke in favor of the project. Ralph Engyl — Representing as a property owner of land in the region of the project. Spoke in favor of the project. Public Comment closed at 8:23 p.m. Mayor called a 5 minute recess. Motion to approve action Item 2, with the recommendations presented of 1 through 8 as presented by Council Member Orozco Second by Council Member Condon Amendment to motion to include a finding of public exigency and to reevaluate this project if we get an unfavorable answer from RCTC Ayes: Orozco, Knight, Condon Noes: White, Lara Approved by a majority vote Motion to limit debate by Council Member Orozco Second by Council Member Condon Ayes: Knight, Condon Noes Orozco, White, Lara Motion fails due to the lack of a 2/3 approval vote City of Beaumont August 16, 2016 Motion to call further question by Mayor Pro Tem White Second by Mayor Lara Ayes: Orozco, Knight, Condon, White, Lara Motion approved by unanimous vote 3. City Attorney Invoices No Speakers MINUTES Page 6 of 8 Motion to approve the invoices in the amount of $66,549.95 by Mayor Pro Tem White Second by Mayor Lara Approved by unanimous vote CITY TREASURER REPORT Treasurer Carroll gave a summary on the audit firm and an update on the status of the new finance software. CITY MANAGER REPORT Interim City Manager, Richard Warne gave a status of the new finance software. CITY CLERK REPORT City Clerk, Julio Martinez gave a status of current Public Records Requests. CITY ATTORNEY REPORT 4. City Manager Search - An Executive Recruitment Primer 5. Status of Litigation CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. 6. Ratification of Warrants dated August 4, 2016 7. Ratification of Warrants dated August 11, 2016 8. Approval of Minutes dated June 21, 2016 9. Approval of Tolling Agreement — Urban Logic Consultants City of Beaumont August 16, 2016 MINUTES Page 7 of 8 10. Request for Reimbursement of Legal Expenses Incurred by Urban Futures, Inc. in Connection with the SEC Investigation, Pursuant to Resolution No. 2016-23 11. Interagency Service Agreement between OmniTrans and City of Beaumont Pass Transit 12. Building and Safety Inspection — Ratification of Attorney's Changes to Contracts 13. Approval of Police Department Purchase Orders 2017-02 through 2017-08 14. Approval of Request for Proposal (RFP) — General Plan Update 15. Reject of Contract for Repair Services and Community Development Block Grant (CDBG) Citywide Concrete Repairs Project 16. Award of Contract for Professional Engineering Services for a Sewer Rate Study to NBS in the amount of $49,060 17. Beaumont Basin Watermaster Appointments 18. Agreement to Provide Financial Security for Tract 36558 19. Notice of Completion and Exoneration of Performance Bond No. 929598692-M for Sewer Improvements on Tract Map 34862 Located between Cherry Avenue and Starlight Avenue 20. Denial of Request for Defense by William Aylward in Connection with the Pending Securities & Exchange Commission (SEC) Investigation 21. Denial of Request for Defense by Shelby Hanvey in Connection with the Pending Securities & Exchange Commission (SEC) Investigation 22. Denial of Request for Defense by Willdan Financial Services in Connection with the Pending Securities & Exchange Commission (SEC) Investigation Item 11 previously requested to be pulled. Request to pull item 14 Motion to approve the balance excluding items 11 and 14 by Mayor Pro Tem White Second by Mayor Lara Approved by unanimous vote 14. Approval of Request for Proposal (RFP) — General Plan Update Public Comment opened at 9:38 p.m. City of Beaumont MINUTES August 16, 2016 Page 8 of 8 Ron Roy— Expressed concerns regarding the General Plan Motion to approve Mayor Pro Tem White Second by Mayor Lara Approved by unanimous vote 11. Interagency Service Agreement between OmniTrans and City of Beaumont Pass Transit Clarification by Transit Director, Elizabeth Gibbs, that a minor revision was made to the contract and the revised version has been handed out for review. Motion to approve the revised contract as presented by Council Member Knight Second by Mayor Lara Approved by unanimous vote Motion to continue this meeting to August 24 at 5:00 p.m. by Mayor Lara Second Council Member Orozco Approved by unanimous vote Adjournment of the City Council Meeting of the August 16, 2016 at 9:27 p.m. to be continued at a Special Meeting on August 24, 2016 at 5:00 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and approved by: Julio Martinez -V, geaumonl/,City Clerk Date: q /' )tl& MINUTES Beaumont City Council Closed Session (5:00 p.m.) Continued Regular Meeting Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Wednesday, August 24, 2016 Page 1 of 2 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disabilitv-related modification or accommodation. CLOSED SESSION CONTINUED FROM AUGUST 16. 2016 Closed Session began at 5:03 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Mayor Pro Tem White and Council Member Knight were present Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: None Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION No speakers Closed session was adjourned at 5:04 p.m. for the Council to privately discuss the matters before them. Adjustment to Roll Call: Council Member Condon was in attendance at 5:05 p.m. Council Member Orozco was in attendance at 5:14 p.m. Report from City Attorney regarding Closed Session Items: 7. Consideration of Appointment/Employment of city Manager Pursuant to Government Code Section 54957(b) No reportable action 8. Conference with labor negotiators pursuant to Government Code Section 54957.6: City designated representatives William Avery, and City attorney John City of Beaumont MINUTES August 24, 2016 Page 2 of 2 Pinkney. Unrepresented employee (City Manager) No reportable action Adjournment of the City Council of the August 24, 2016 Meeting at 5:57 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and approved by:. Julio Martinez III, Date: 5/1114 MINUTES Beaumont City Council Closed Session (4:00 p.m.) Regular Session (6:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Tuesday, September 6, 2016 Page 1 of 11 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. CLOSED SESSION Closed Session began at 4:06 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: None Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION Public Comment opened at 4:07 p.m. Libi Uremovic — Expressed concerns regarding various topics. Public Comment closed at 4:11 p.m. Closed session was adjourned at 4:11 p.m. for the Council to privately discuss the matters before them. REGULAR MEETING Regular Session began at 6:23 p.m. Place: Beaumont Civic Center Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were City of Beaumont MINUTES September 6, 2016 Page 2 of 11 Report from City Attorney regarding Closed Session Items: 2. Conference with Legal Counsel regarding anticipated litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) (Discussion and possible action to approve, settle or deny claim by Pardee Homes) No reportable action 3. Conference with Legal Counsel — Consideration of initiating potential litigation pursuant to Government Code Section 54956.9(d)(4) (2 potential case) To be continued to the end of Regular Session 4. Conference with Legal Counsel -Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) — (This matter involves an investigation by the Securities and Exchange Commission) No reportable action 5. Conference with Legal Counsel Regarding Existing Litigation -Pursuant to Government Code Section 54956.9(d)(1) -- Rosemary Morgan et al. v. Beaumont Police Department et al. Case no. RIC 1118540 No reportable action 6. Conference with Legal Counsel -Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) - (Claim by Brookfield TRR, LLC for Release of Bond) No reportable action 7. Conference with Real Property Negotiators regarding APN 421-020-003 pursuant to Government Code Section 54957.6: Negotiating Parties: Richard Warne and ASM Beaumont Investors. LLC -- Under negotiation; instruction to negotiator will concern price and terms of payment. No reportable action 8. Consideration of Appointment /Employment of City Manager Pursuant to Government Code Section 54957(b) No reportable action City of Beaumont September 6, 2016 MINUTES Page 3 of 11 9. Conference with labor negotiators pursuant to Government Code Section 54957.6: City designated representatives William Avery, and City Attorney John Pinkney. Unrepresented employee (City Manager) No reportable action Action on any requests for excused absence: None Pledge of Allegiance led by Council Member Knight Invocation led by Approval/Adjustments to Agenda: None Conflict of Interests Disclosure: None Announcements/Recognitions/Proclamations/Correspondence: None PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA): Any one person may address the City Council on any matter not on this agenda. if you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Public Comment opened at 6:26 p.m. Ron Roy - Spoke regarding the Heartland project. John Halliwill — Gave a thank you to Council, and expressed concerns regarding various items. Nancy Hall - Expressed concerns regarding various topics. Judy Bingham — Expressed concerns regarding various topics. Adan Espinosa — Representing the Youth Advisory Committee, asked that Council support their request for a formal committee. Public Comment closed at 6:41 p.m. COUNCIL REPORTS This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel. Council Member Condon — Spoke regarding the recent fires. Council Member Knight — Visited the new Nicklaus Park Mayor Lara — Thanked BCVPD for providing their facility during the fires. Council Member Orozco — Asked Council to reconsider the YAC request. Mayor Pro Tem White — Spoke regarding scheduling a meeting regarding YAC. ACTION ITEMS/PUBLIC HEARINGS/REQUESTS City of Beaumont September 6, 2016 1. Repayment of a $5,069,508.69 Advance to the Wastewater Enterprise Fund and Funding of City Working Capital from the Beaumont Financing Authority Residual Accounts Staff report given by John Knox, of Orrick Herrington. Public Comment opened at 7:02 p.m. Judy Bingham — Expressed concerns. Nancy Hall — Expressed concerns. Public Comment closed at 7:06 p.m. MINUTES Page 4 of 11 Motion to approve resolution of the City Council making Certain Findings and Requesting the Transfer of Certain Funds Pursuant to a Thirty -Second Supplemental Indenture by and Between the Beaumont Financing Authority and MUFG Union Bank, N.A., as Trustee, in Connection with the Beaumont Financing Authority Local Agency Revenue Bonds and Authorizing Related Actions by Council Member Orozco Second by Council Member Knight Approved by unanimous vote Motion to approve Resolution of the Governing Board of the Beaumont Financing Authority Authorizing the Execution and Delivery of a Thirty -Second Supplemental indenture by and Between the Beaumont Financing Authority and MUFG union Bank, N.A., as Trustee in Connection with the Beaumont Financing Authority Local Agency Revenue Bonds and Authorizing Related Actions by Council Member Knight Second by Council Member Orozco Approved by unanimous vote Mayor called for a recess. 2. Appeal of the Planning Commission determination for Plot Plan 16 -PP -02 (Hidden Canyon Industrial Park); Located at the western terminus of Fourth Street, south of State Highway 60, east of Jack Rabbit Trail Staff report given by Economic Development Director, Rebecca Deming. Public Hearing opened at 8:26 p.m. Paul St. Martin — Spoke in opposition. Arlene Caplain — Asked for additional information regarding the project Ryan Hay— Gave suggestions for the project. City of Beaumont September 6, 2016 Ron Roy - Spoke in opposition. Peter Helfrich - Spoke in favor of the project. William Devine - Spoke in favor of the project. Nancy Hall - Spoke in opposition of the project. Mary Daniel - Spoke in opposition of the project. Neil Brandom - Spoke in favor of the project. Judy Bingham - Spoke in opposition of the project. Noah Garrison - Spoke in opposition of the project. Kathleen Bonesz - Spoke in favor of the project. Public Hearing closed at 8:56 p.m. MINUTES Page 5 of 11 Motion to determine that this is a ministerial action by Council Member Condon Second by Council Member Orozco Approved by a 4-1 vote Ayes: Orozco, Knight, Condon, Lara Noes: White Motion to find that trigger no. 3 would justify further environmental review by Mayor Pro Tem White Motion dies for lack of second Motion to approve plot plan as presented by Council Member Condon Second by Council Member Knight Approved by a 4-1 vote Ayes: Orozco, Knight, Condon, Lara Noes: White Motion that finding number six is not supported. Motion fails for lack of second. Motion to approve the Appeal for Plot Plan 16 -PP -02 for the Hidden Canyon Industrial Park subject to the attached Conditions of Approval and findings no. 1-6 and 17.02.070(8) in the Beaumont Municipal Code by Council Member Orozco Second by Mayor Lara Approved by a 4-1 vote Ayes: Orozco, Knight, Condon, Lara Noes: White City of Beaumont September 6, 2016 MINUTES Page 6 of 11 3. Intention to Form City of Beaumont Facilities District 2016-2 (Sundance) Staff report given by Brian Forbath of Stradling, Yocca and Carlson Public Comment opened at 9:40 p.m. Nancy Hal! — Spoke in opposition. Judy Bingham — Spoke in opposition and expressed various concerns. Public Comment closed at 9:44 p.m. Motion to adopt Resolution Declaring Its Intention To Establish City Of Beaumont Community Facilities District No. 2016-2 (Sundance), To Authorize The Levy Of A Special Tax To Pay The Cost Of Acquiring Or Constructing Certain Public Facilities, To Pay For Certain Maintenance And Public Services, To Pay For Certain Incidental Expenses And To Pay Debt Service On Bonded Indebtedness and adopt Resolution Declaring Its Intention To Incur Bonded Indebtedness Within City Of Beaumont Community Facilities District No. 2016-2 (Sundance) by Mayor Pro Tem White Second by Council Member Condon Approved by unanimous vote 4. Santa Ana Regional Water Quality Control Board Correspondence Regarding California Water Code Section 13267 Order: Directive for Investigation for Addressing Beaumont Wastewater Treatment Plant Capacity Dated August 25, 2016 Staff report given by Public Works Director, Amer Jahker. Public Comment opened at 10:21 p.m. Judy Bingham — Expressed concerns. Public Comment closed at 10:24 p.m. Motion to amend contract with G&G Environmental Compliance Inc. to provide influent continuous PH and electrical conductivity (EC) readings in the amount of $5,000 by Mayor Pro Tem White Second by Council Member Knight Approved by unanimous vote 5. Approval of Letter to California Department of Transportation (Caltrans) Accepting $290,000 in Grant Funds for Oak Valley Parkway/Interstate 10 Ramp Signalitation Project and Addition of the project to FY2016-2017 Budget as a Capital Improvement Plan Project City of Beaumont MINUTES September 6, 2016 Page 7 of 11 Staff report given by Public Works Director, Amer Jahker Public Comment opened at 10:29 p.m. Judy Bingham — requested a copy of the referenced letter Public Comment closed at 10:30 p.m. Motion to accept Caltrans Grant in the amount of $290,000 and authorize the City Manager to execute attached Letter and amend FY2016-2017 budget to add Oak Valley Parkway/interstate 10 Ramp Signalization project using $350,000 in Road and Bridge Impact Fees amendement to not spend the money if the grant is not spproved by Mayor Lara Second by Council Member Knight Approved by unanimous vote 6. Deposit Agreement Between the City of Beaumont and Property Owners in the Vicinity of the Potrero Interchange and Authorization to Contract with Urban Futures to Provide Project Financial Analysis and Negotiation Support Services to Develop a Fiscal Plan for Private Sector Participation in the Potrero Interchange Project Staff report given by interim City Manager, Richard Warne. Public Comment opened at 10:36 p.m. Judy Bingham — Expressed concerns regarding the project. Public Comment closed at 10:37 p.m. Motion to approve Deposit Agreement between the City of Beaumont and the property owners in the vicinity of the Potrero interchange and approve the proposal by Urban Futures, Inc. to provide fiscal analysis and negotiation support services to develop a fiscal plan for private sector financial participation for the Potrero Interchange Project by Mayor Pro Tem White Second by Council Member Condon Approved by unanimous vote 7. Consideration of 2016 League of California Cities Annual Conference Resolutions No speakers Motion to take the position of approving the proposed Resolution to Support Vision Zero Deaths, and other Programs or Initiatives to Make Safety a Top Priority City of Beaumont September 6, 2016 MINUTES Page 8 of 11 for Transportation Projects and Policy Formulation, While Encouraging Cities to Pursue Similar Initiatives by Mayor Lara Second by Mayor Pro Tem White Approved by unanimous vote CITY TREASURER REPORT Treasurer Carroll gave a summary on the Finance and Audit Committee and warrants. CITY MANAGER REPORT Interim City Manager, Richard Warne gave a summary of the current budget. CITY CLERK REPORT City Clerk, Julio Martinez gave a summary of current project in the City's Clerk's office. CITY ATTORNEY REPORT City Attorney, John Pinkney gave a quick report on where to find details of current litigation. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. 8. Ratification of Warrants dated August 18, 2016 9. Ratification of Warrants dated August 25, 2016 10. Ratification of Warrants dated September 1, 2016 11. Approval of Minutes dated March 22, 2016 12. Approval of Minutes dated April 13, 2016 13. Approval of Minutes dated April 19, 2016 14. Approval of Minutes dated May 3, 2016 15. Approval of Minutes dated May 17, 2016 16. Approval of Minutes dated August 2, 2016 17. Receive and File Litigation Status Report City of Beaumont September 6, 2016 MINUTES Page 9 of 11 18. Approve the Possession and Use Agreement Between the City of Beaumont and ASSM Beaumont Investors, LLC to acquire approximately 12.4 Acres of property South of State Route 60 and East of jack Rabbit Trail (APN #421-020-003) for the Potrero Interchange 19. Approve Purchase Order TRAN 2017-02 for $47,698.20 20. Approve of State Controller's Audit Invoices in the total amount of $187,819.63 21. Approve Community Development Block Grant FY 2016-2017 Supplemental Agreement 22. Approve the Density Bonus Agreement By and Between the City of Beaumont and LINC-Beaumont Apts. LP. as presented 23. Approve the Expenditure Plan Appropriating Supplemental Law Enforcement Services Account for FY 2016/17 allocation and approve a Police Cadet Program 24. Approve Police Department FY2016-2017 Budget Adjustment 2017-01 25. Approve the Police Department's request to reorganize the Police Management with the adjustments of filling a vacant Commander position with a Police Lieutenant, one additional Police Lieutenant Position and the elimination of one Police Sergeant position 26. Approve Fare Schedule addition of Day and Monthly Pass for Commuter Link Route 120 for travel on the Commuter Link and Beaumont Pass Transit Fixed Routes. 27. Approve Resolution Designating the City of Beaumont's Authorized Agents for Non -State Agencies As Required By The California Office of Emergency Services 28. Approve the Beaumont Police Department and the Fairway Community Association Lease Agreement 29. Partial Release of Performance Bond # 191759 for Tract No. 24039-8 Items Requested to be pulled: 8, 18, 20, 25 Motion to approve remainder of the consent calendar by Mayor Lara Second by Council Member Orozco Approved by unanimous vote 8. Ratification of Warrants dated August 18, 2016 Public Comment opened at 11:09 p.m. City of Beaumont September 6, 2016 MINUTES Page 10 of 11 Judy Bingham — Expressed concerns regarding a line item on the warrants regarding Mark Thomas. Motion to approve the remainder of the warrant list by Mayor Pro Tem White Second by Mayor Lara Approved by a 4-1 vote Ayes: Knight, Condon, White, Lara Noes: Orozco 18. Approve the Possession and Use Agreement Between the City of Beaumont and ASM Beaumont Investors, LLC to acquire approximately 12.4 Acres of property South of State Route 60 and East of jack Rabbit Trail (APN #421-020-003) for the Potrero Interchange Public Comment opened at 11:18 Judy Bingham — Expressed concerns regarding the property. Motion to approve the Possession and Use Agreement Between the City of Beaumont and ASM Beaumont Investors, LLC to acquire approximately 12.4 Acres of property South of State Route 60 and East of jack Rabbit Trail (APN #421-020- 003) for the Potrero Interchange by Council Member Orozco Second by Council Member Condon Approved by unanimous vote 20. Approve of State Controller's Audit Invoices in the total amount of $187,819.63 No speakers Motion to approve by Mayor Pro Tem White Second by Mayor Lara Approved by unanimous vote 25. Approve the Police Department's request to reorganize the Police Management with the adjustments of filling a vacant Commander position with a Police Lieutenant, one additional Police Lieutenant Position and the elimination of one Police Sergeant position No speakers Motion to approve by Council Member Knight Second by Council Member Orozco Approve by unanimous vote Request to schedule a Special Meeting on Monday September 12th at 5:00 p.m. by Mayor Lara City of Beaumont September 6, 2016 MINUTES Page 11 of 11 Motion to request to add an item to a future agenda of a re -consideration of a Youth Advisory Committee by Council Member Orozco Motion to add and item of a future agenda of a re -consideration of a Youth Advisory Committee after the November Election by Council Member White Second by Mayor Lara Approved by a 3-2 vote Ayes: Condon, White, Lara Noes: Orozco, Knight Motion to add a standing agenda item of the Potrero Interchange Project update by Mayor Pro Tem White Second by Mayor Lara Motion fails by a 2-3 vote Ayes: White, Lara Noes: Orozco, Knight, Condon Motion to add a standing agenda item of the Potrero Interchange Project update at the Vt meeting of the month by Mayor Pro Tem White Second by Mayor Lara Approved by unanimous vote Council adjourned to Closed Session at 11:42 p.m. Report out from Closed Session at 12:00 a.m.: 3. Conference with Legal Counsel — Consideration of initiating potential litigation pursuant to Government Code Section 54956.9(d)(4) (2 potential case) No reportable action. Adjournment of the City Council of the September 6, 2016 Meeting at 12:01 a.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and approved by: Julio Martinez4V'Beaumont Date: Clerk MINUTES Beaumont City Council Closed Session (4:00 p.m.) Regular Session (6:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Tuesday, September 20, 2016 Page 1 of 8 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. CLOSED SESSION Closed Session began at 4:01 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: None Conflict of Interests Disclosure: None 1. PUBLIC COMMENTS REGARDING CLOSED SESSION No speakers Closed session was adjourned at 4:02 p.m. for the Council to privately discuss the matters before them. REGULAR_ MEETING Report from City Attorney regarding Closed Session Items: 2. Conference with Legal Counsel regarding anticipated litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) (Discussion and possible action to approve, settle or deny claim by Pardee Homes) No reportable action. City of Beaumont September 20, 2016 MINUTES Page 2 of 8 3. Conference with Legal Counsel — Potential initiation of litigation pursuant to Government Code Section 54956.9(d)(4) No reportable action. 4. Conference with Legal Counsel -Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) — (This matter involves an investigation by the Securities and Exchange Commission) No reportable action. 5. Consideration of Appointment /Employment of City Manager Pursuant to Government Code Section 54957(b) No reportable action. 6. Conference with labor negotiators pursuant to Government Code Section 54957.6: City designated representatives William Avery, and City Attorney John Pinkney. Unrepresented employee (City Manager) No reportable action. Regular Session began at 6:02 p.m. Place: Beaumont Civic Center Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Action on any requests for excused absence: None Pledge of Allegiance Led by Mayor Lara Invocation led by None Approval/Adjustments to Agenda: None Conflict of Interests Disclosure: None Announcements/Recognitions/Proclamations/Correspondence: PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA): Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Public Comment opened at 6:03 p.m. Anita Worthen — Gave a thank you to the Beaumont Police Department. Gave an announcement of the upcoming Veteran's Expo. David Castaldo — Gave the council a packet and spoke about the documents included. City of Beaumont September 20, 2016 MINUTES Page 3 of 8 Ron Roy - Suggested a future agenda item of specific CFD improvement areas. Judy Bingham - Expressed concerns regarding the transfer of funds to the general fund and CFD's. Stephanie Larson - Expressed concerns of current CFD's Nancy Hall - Proposed that the City adopt a hillside ordinance and expressed concerns regarding CFD's. Public Comment closed at 6:20 p.m. COUNCIL REPORTS This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel. Council Member Condon - Attended a Pass Com meeting regarding Fire Services. Council Member Knight - Attended the launch of the new 120 route. Mayor Lara -Will be attending Calimesa's State of the City. Council Member Orozco - Gave a reported out from the Economic Development Committee meeting. Mayor Pro Tem White - No report. Motioned to add a future agenda item of review of the Commercial Sign Ordinance by Mayor Pro Tem White Second by Mayor Lara Approved by unanimous vote ACTION ITEMS/PUBLIC HEARINGS/REQUESTS 1. Appointment of Todd Parton as City Manager for the City of Beaumont and Approval of an Employment Agreement Between the City and Todd Parton Staff report given by City Attorney, John Pinkney. Public Comment opened at 6:36 p.m. Ron Roy - Expressed concerns regarding the different cultures of Southern California and Texas and asked Council question of the new City Manager. Judy Bingham - Expressed concerns regarding appointment of a new City Manager. City of Beaumont September 20, 2016 Public Comment closed at 6:41 p.m. MINUTES Page 4 of 8 Motion to appoint Todd Parton as City Manager for the City of Beaumont and approve of an Employment Agreement between the City and Todd Parton by Mayor Lara Second by Council Member Condon Approved by unanimous vote 2. Appointment to Board of Administrative Appeals Staff report given by Police Services Analyst, Marcedes McFayden No speakers Public Comment opened and closed at 6:54 p.m. Motion to appoint Gabe Ewing and Kathleen Aguilar to the Administrative Board of Appeals with terms to end as of December 31, 2018 and renew the appointment of Ronald Radar and John Halliwill to the Administrative Board of Appeals with terms to end as of December 31, 2018 by Mayor Pro Tem White Second by Mayor Lara Approved by unanimous vote 3. Intention to Form City of Beaumont Facilities District 2016-3 (Sundance) Staff report given by Brian Forbath of Stradling, Yocca, Carlson & Rauth. Public Comment opened at 6:59 p.m. Judy Bingham — Expressed concerns regarding bond debt. Stephanie Larson — Spoke in opposition. Mike Taylor— Representing Pardee Homes, spoke regarding options of Facilities District Taxes, and clarified the costs. Ron Roy — Asked that an accounting spreadsheet be included with 2096-3 of costs and expressed concerns. Jeff Chambers — Representing Pardee Homes, asked the Council to creating a better mechanism for citizens looking to get information on paying off their CFD. Announced that Pardee homes will be offering a "no CFD component" when sales start for their new project. Nancy Hall — Expressed concerns regarding the image of the City and its CFD's. Public Comment closed at 7:15 p.m. City of Beaumont MINUTES September 20, 2016 Page 5 of 8 Motion to adopt Resolution Declaring Its Intention To Establish City Of Beaumont Community Facilities District No. 2016-3 (Sundance), to Authorize the Levy of a Special Tax to Pay the Cost of Acquiring or Constructing Certain Public Facilities, to Pay for Certain Maintenance and Public Services, to Pay for Certain Incidental Expenses and to Pay Debt Service on Bonded Indebtedness and adopt Resolution Declaring Its Intention to Incur Bonded Indebtedness Within City Of Beaumont Community Facilities District No. 2016-3 (Sundance) by Council Member Knight Second by Council Member Orozco Approved by unanimous vote Mayor called for a five minute recess. 4. Public Hearing for Community Development Block Grant (CDBG) Funding for 2017-2018 Program Year Staff report given by Economic Development Director, Rebecca Deming No speakers Public Hearing opened and closed at 7:58 p.m. Motion to Approve and authorize staff to prepare and submit a CDBG application for the Street, Sidewalk, Curb and Gutter Improvement Project 2016. Additionally, give authority to the City Manager to reduce or increase the amount funded to the projects based on the amount of funding available to the City of Beaumont by Mayor Pro Tem White Second by Council Member Orozco Approved by unanimous vote 5. Discussion Regarding Public Records Requests Staff report given by Mayor Lara City Attorney John Pinkney recused himself. Public Comment opened at 8:01 p.m. Judy Bingham — Spoke in opposition of redacting account numbers. Jeff Chambers — Gave suggestions and concerns. Motion to continue this item to the October 4, 2016 meeting by Mayor Pro Tem White Second by Council Member Orozco Approved by unanimous vote City of Beaumont MINUTES September 20, 2016 Page 6 of 8 6. City Attorney Invoices — August 2016 Public Comment opened and closed at 8:12 p.m. Motion to approve invoices in the amount of $75,788.41 by Council Member Knight Second by Council Member Orozco Approved by unanimous vote CITY TREASURER REPORT Treasurer, Nancy Carroll gave a summary on the Finance and Audit Committee meeting. Motion to agendize the topic of a CFD workshop joint meeting by Council Member Knight Second by Council Member Orozco Approved by unanimous vote CITY MANAGER REPORT No report. CITY CLERK REPORT City Clerk, Julio Martinez spoke regarding current Public Records Requests and the Memorial Committee. CITY ATTORNEY REPORT City Attorney, John Pinkney gave a summary on projects and tasks completed and current. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. 7. Ratification of Warrants dated September 07, 2016 8. Approval of Tolling Agreement with Pardee Homes 9. Approval of Accounting, Financial Management, Investment, Fixed Assets and Capital Improvement Policies City of Beaumont September 20, 2016 MINUTES Page 7 of 8 10. Continue Heartland Specific Plan; Development Agreement Amendment 16 -DA - 01 Extension to October 4, 2016 11. Approval of Cooperative Agreement Between the City of Beaumont and Loma Linda University for the Highland Springs Avenue Storm Drain Improvements Project 12. Amend the FY 2016/17 Budget to Include the 8th Street Resurfacing, Restoration and Rehabilitation Project in the Amount of $432,000 and Accept $220,000 Surface Transportation Program Grant Funding and Allocation of $212,000 from the Gas Tax 13. Approval of Agreement to Provide Financial Security for Tract #31469 and 31469-8, 9 and 10 PA 36-39 Pardee Homes 14. Approval of a One -Year Extension of Time for the Approval of Tentative Tract Map 33851 15. Approval of Police Department Purchase Order 2017-11 Items pulled from the Consent Calendar: Item 15 Motion to approve the remainder of the Consent Calendar by Council Member Orozco Second by Mayor Lara Approved by unanimous vote Public Comment opened at 8:29 p.m. Judy Bingham — Spoke regarding the Tolling Agreement with Pardee Homes Jeff Chambers — Asked that false statements be corrected for the public to hear Judy Bingham — Expressed concerns regarding the Heartland Project Public Comment closed at 8:35 p.m. 15. Approval of Police Department Purchase Order 2017-11 Staff report given by Police Chief, Sean Thuilliez Motion to approve Purchase Order 2017-11 by Mayor Pro Tem White Second by Council Member Orozco Approved by unanimous vote City of Beaumont September 20, 2016 MINUTES Page 8 of 8 Adjournment of the City Council of the September 20, 2016 Meeting at 8:39 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and sqpprgvgd by: Julio MartinAzAV5 aunt Citi Clerk Date: i U�2�/[ 6 MINUTES Beaumont City Council Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Tuesday, October 4, 2016 Page 1 of 7 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disability -related modification or accommodation. CLOSED SESSION Closed Session began at 5:00 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: None Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION No speakers Public Comment opened and closed at 5:00 p.m. Closed session was adjourned at 5:00 p.m. for the Council to privately discuss the matters before them. REGULAR MEETING Regular Session began at 6:04 p.m. Place: Beaumont Civic Center Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were all present Report from City Attorney regarding Closed Session Items: City of Beaumont October 4, 2016 MINUTES Page 2 of 7 1. Conference with Legal Counsel regarding anticipated litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) (Discussion and possible action to approve, settle or deny claim by Pardee Homes) No discussion. 2. Conference with Legal Counsel — Consideration of initiating potential litigation pursuant to Government Code Section 54956.9(d)(4) (1 potential case) No reportable action 3. Conference with Legal Counsel -Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) — (This matter involves an investigation by the Securities and Exchange Commission) No reportable action 4. Conference with Legal Counsel Regarding Existing Litigation -Pursuant to Government Code Section 54956.9(d)(1) —One Case: Oak Tree Alternative Care v. City of Beaumont (Case no. G052266) Motion file an opposition of a petion to review by the Supreme Court" by Knight Second by Lara Approved by unanimous vot 5. Conference with Legal Counsel -Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) — Consideration of three claims and discussion regarding possible acceptance, rejection or settlement of claims (The three claims are: 1. Claim by Tire Warehouse, 2. Claim by Reginald Autrey, 3. Claim by Mary Kleinschmidt) Claim 1, motion to deny and attempt to resolve by Council Member orozco Condon Unanimous Claim 2, motion to deny Unanimous vote Claim 3, Motion to deny and attempt to resolve by Council Member Condon Second by Council Member Knight 6. Conference with legal counsel and consideration of possible resolution of worker's compensation claim pursuant to Government Code City of Beaumont October 4, 2016 Section 54956.95: (Case No. COBT-002843 Agency Claimed Against: City of Beaumont.) No reportable action Action on any requests for excused absence: None Pledge of Allegiance led by Council Member Knight Invocation led by Chaplain Westholder Approval/Adjustments to Agenda: None Conflict of Interests Disclosure: None Announcements/Recognitions/Proclamations/Correspondence: MINUTES Page 3 of 7 PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA): Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Public Comment opened at 6:12 p.m. Jason Rearick — Requested an additional Community Center. Bill Dunn — Shared the activities to be held at St Stephen's Church. Judy Bingham — Spoke regarding a request for bond fund accounts. Nancy Hall — Expressed concerns regarding statements made by Council Members. Roger Berg — Gave a thank you to Council and Staff. Expressed concerns regarding permits by a specific business. Blair Ball — Expressed concerns regarding a previous agenda item regarding Wastewater Sewer Enterprise fund transfer. Public Comment closed at 6:27 p.m. COUNCIL REPORTS This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel. Council Member Condon — Attended a Transit meeting at Four Seasons. Attended the State of Water in the Pass Area. Attended the Banning store dedications. Council Member Knight — Spoke regarding ** Mayor Lara — Attended Calimesa State of the City, Beaumont Spirit Run, City of Banning ribbon cutting, and Banning's State of the City. Council Member Orozco — Announced that Economic Development will be meeting on October 12, 2016 City of Beaumont MINUTES October 4, 2016 Page 4 of 7 Mayor Pro Tem White — No Report ACTION ITEMS/PUBLIC HEARINGS/REQUESTS 1. Review Wastewater Feasibility Study Findings, and Select Preferred Wastewater Treatment Option Mayor Lara asked that this item be tabled until a Workshop is held during a special meeting. Motion to hear the presentation and comments from the public and table the item until a Workshop is held by Mayor Pro Tem White Abstain: Orozco Ayes: Knight, Condon, Lara, White Staff report and presentation given by Brian Knoll and Justin Logan of Webb and Associates Consensus by Council to post -pone the Preliminary Rate Analysis portion of the presentation until a Workshop. Mayor called for a five minute recess. Public Comment opened at 8:41 p.m. Steve Melman — Supported the idea of holding a public workshop prior to any decision by Council. Judy Bingham — Asked questions of council to ask Webb and Associates. Michael Thompson — Supported the idea of a workshop and taking time prior to any decision. Andrew Gardner — Supported the idea of a workshop prior to any decision. Roger Berg — Spoke in support of maintaining the current plant, and expressed concerns regarding the Brine Line. Sean Balingit — Supported the idea of a workshop prior to any decision by Council. Ron Roy — Supported the idea of a workshop but expressed concerns regarding making a decision at the workshop. Blair Ball — Supported the decision to postpone any decision until a workshop is held. Public Comment closed at 8:59 p.m. City of Beaumont MINUTES October 4, 2016 Page 5 of 7 Motion to authorize the RFP's presented of upgrades to the Wastewater Treatment Plant, the RFQ for final design of plant expansion and salt mitigation facilities and the RFP for a financial consultant to assist in securing financing for plant expansion and salt mitigation facilities and prepare an RFP for preliminary design for plant expansion and salt mitigation facilities by Mayor Pro Tem White Second by Council Member Condon Approved by unanimous vote Consensus to schedule a workshop on Wednesday, November 2, 2016 at 5:00 p.m. and a follow up meeting on Monday, November 7, 2016 at 5:00 p.m. 2. Review and Discuss First Quarterly Community Facilities District (CFD) Report and Provide Staff with Direction Regarding Any Changes to Report Format Staff report given by Interim City Manager, Richard Warne Public Comment opened at 9:23 p.m. Judy Bingham - Expressed concerns regarding Bond Fund Accounts. Public Comment closed at 9:25 p.m. Motion to authorize to receive and file report by Mayor Pro Tem White Second by Council Member Condon Approved by unanimous vote 3. Discuss and Provide Direction to Staff Regarding City Sign Ordinance Future Agenda Item Staff report given by Planner, Kyle Warsinski No speakers Public Comment opened and closed at 9:45 p.m. Consensus to direct staff to start researching a sign program and approve the recommendation of the Economic Development Committee researching limits for commercial signage as well as review of the "Welcome to Beaumont" sign. CITY TREASURER REPORT Treasurer, Nancy Carroll gave a summary on current audits and the status of the change of Trustee. City of Beaumont October 4, 2016 MINUTES Page 6of7 CITY MANAGER REPORT Interim City Manager, announced the upcoming Fire and Safety Memorial Ceremony and gave an update on audits and the Potrero project. CITY CLERK REPORT City Clerk, Julio Martinez, gave a summary of the current public records request of CFD Bond Fund Statements. CITY ATTORNEY REPORT Gave notification of a possible Tolling Agreement. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. 4. Ratification of Warrants dated, September 15, 2016 5. Approval of Minutes dated, July 5, 2016 6. Approval of Minutes dated, July 13, 2016 7. Approval of Minutes dated August 5, 2016 8. Approval of Minutes dated August 11, 2016 9. Approval of Minutes dated August 16, 2016 10. Approval of Minutes dated August 24, 2016 11. Approval of Density Bonus Agreement By and Between the City of Beaumont and LINC-Beaumont Apts LP (Minor Attorney Amendment) 12. Approve Issuance of Request for Proposal for Construction Management Services , Issuance of Requests for Proposals for Project Management Services for Construction of Phase 1 of Potrero Interchange project, and approve Contract with Epic Land Solutions, Inc. of Riverside California with a Not to Exceed Amount of $24,286 for Right -Of -Way Support Services 13. Receive and File Status of City of Beaumont Litigation 14. Award of Contract to Southwest Hydro Analytics for Inflow and Infiltration Study to Comply with the Order From the Santa Ana Regional Quality Control Board Public Comment opened and closed at 10:10 p.m. City of Beaumont MINUTES October 4, 2016 Page 7 of 7 Motion to approve Consent Calendar by Council Member Orozco Second by Council Member Knight Approved by unanimous vote Adjournment of the City Council of the October 4, 2016 Meeting at 10:11 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and approved by: Julio Martine au ont City Clerk Date: MINUTES Beaumont City Council Closed Session (4:00 p.m.) Regular Session (6:00 p.m.) Beaumont Financing Authority Beaumont Utility Authority Beaumont Conservation Authority Beaumont Successor Agency (formerly RDA) 550 E. 6th Street, Beaumont, California Tuesday, October 18, 2016 Page 1 of 8 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951-769-8520, at least 48 hours prior to the meeting in order to make a request for a disabilitv-related modification or accommodation. CLOSED SESSION Closed Session began at 4:04 p.m. Place: Beaumont Civic Center City Hall Bldg Room 5 Roll Call: Mayor Lara, Council Member Condon, Council Member Knight, and Council Member Orozco were present Mayor Pro Tem White was absent at the time of Roll Call Action on any requests for excused absence: None Approval/Adjustments to Closed Session Agenda: None Conflict of Interests Disclosure: None PUBLIC COMMENTS REGARDING CLOSED SESSION Public Comment opened and closed at 4:04 p.m. Closed session was adjourned at 4:04 p.m. for the Council to privately discuss the matters before them. REGULAR MEETING Regular Session began at 6:18 p.m. Place: Beaumont Civic Center Roll Call: Mayor Lara, Mayor Pro Tem White, Council Member Condon, Council Member Knight, and Council Member Orozco were present. City of Beaumont October 18, 2016 MINUTES Page 2 of 8 Point of order, Mayor pro Tem White was in attendance of the closed session meeting at 4:06 p.m. Report from City Attorney regarding Closed Session Items: 2. Conference with Legal Counsel regarding anticipated litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) (Discussion and possible action to approve, settle or deny claim by Pardee Homes) No reportable action. 3. Conference with Legal Counsel — Consideration of initiating potential litigation pursuant to Government Code Section 54956.9(d)(4) (3 potential cases) No discussion. To be resumed at the end of Regular Session. 4. Conference with Legal Counsel -Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) — (3 potential cases) ((a)The first matter involves an investigation by the Securities and Exchange Commission; (b) The second matter involves a threat of litigation by LV Heartland regarding demand for release of performance bond/s); (c) The third matter involves a threat of litigation by the Beaumont -Cherry Valley Recreation and Park District. a. No reportable action b. No reportable action c. No reportable action 5. Conference with Real Property Negotiators regarding property consisting of approximately 12.44, .048 and .08 acre parcels which are part of a larger 34.78 acre vacant parcel (APN 421-020-003) located on south side of State Route 60 in the unincorporated County of Riverside California. Agency Negotiator: Interim City Manager, Richard Warne, or his designee. Negotiating Parties: ASM Beaumont Investors, LLC and the City of Beaumont. Under Negotiation: Price and terms of potential purchase). No discussion. To be resumed at the end of Regular Session. Action on any requests for excused absence Pledge of Allegiance Invocation Approval/Adjustments to Agenda: Conflict of Interests Disclosure: None Led by Mayor Lara Led by Chaplain Ken Grimes Request that item 16 be removed from the agenda. Request that item 4 be removed from the agenda. None City of Beaumont October 18, 2016 Motion to table item 4 by White Second by Knight Noes: Orozco Ayes: Condon, Knight, White, Lara Motion to place the item on a future agenda. Motion dies for lack of second. Announcements/Recognitions/Proclamations/Correspondence: MINUTES Page 3 of 8 PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA): Any one person may address the City Council on .any matter not on this agenda. If you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Public Comment opened at 6:27 p.m. Cherryl Thompson — Representing Argent Management, announced the upcoming grand opening of Niklaus Park. John HaNiwell — Spoke regarding the removed item 4. Spoke in opposition of the topic. Sharon Geiser — Spoke regarding the State Controller's Report. Vincent Marruffo — Spoke in favor of Item 4. Public Comment closed at 6:38 p.m. COUNCIL REPORTS This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel. Council Member Condon — Attended the neighborhood watch event at Three Rings Ranch Community. Council Member Knight — No report. Mayor Lara — Attended the memorial ceremony in Palm Springs. Council Member Orozco — Spoke regarding the removal of item 4. Mayor Pro Tem White — Attended the memorial ceremony in Palm Springs. ACTION ITEMS/PUBLIC HEARINGS/REQUESTS 1. Approval of Resolutions Accepting Modified Certificate Regarding Approval of Thirty -Second Supplemental Indenture Staff report given by Bill Bothwell of Orrick Law Firm. City of Beaumont MINUTES October 18, 2016 Page 4 of 8 Public Comment opened at 6:55 p.m. Mary Daniel - Raised concerns regarding the certificate. Blair Ball - Raised concerns regarding the verification of funds. Public Comment closed at 7:01 p.m. Motion to approve Resolution of the City Council Making Certain Findings and Affirming the Request to Transfer Certain Funds Pursuant to a Thirty -Second Supplemental Indenture by and between the Beaumont Financing Authority and MUFG Union Bank, N.A., as Trustee, in connection with the Beaumont Financing Authority Local Agency Revenue Bonds and Authorizing Related Actions (Exhibit A) by Mayor Pro Tem White Second by Mayor Lara Approved by unanimous vote Convened as the Beaumont Finance Authority at 7:11 pm Consensus to bring back the item for discussion as the Beaumont Utility Authority. Motion to approve Resolution of the Governing Board of the Beaumont Financing Authority Affirming the Authorization of the Execution and Delivery of a Thirty - Second Supplemental Indenture by and between the Beaumont Financing Authority and MUFG Union Bank, N.A., as Trustee, in connection with the Beaumont Financing Authority Local Agency Revenue Bonds and Authorizing Related Actions (Exhibit B) by Boardmember Member Condon Second by Boardmember Member Knight Approved by unanimous vote 2. Dissolution of Improvement Area No. 7E of CFD No. 93-1 and Formation of CFD No. 2016-4 (Four Seasons) Staff report given by Brian Forbath of Stradling, Yocca, and Carlson Law Firm. Public Comment opened and closed at 7:17 p.m. Motion to adopt Resolution of the City Council of the City of Beaumont, California, Declaring its Intention to Establish City of Beaumont Community Facilities District No. 2016-4 (Four Seasons), to Authorize the Levy of a Special Tax to Pay the Cost of Acquiring or Constructing Certain Public Facilities and Paying for Certain Incidental Expenses and to Pay Debt Service on Bonded Indebtedness and Adopt Resolution of the City Council of the City of Beaumont, California, to incur Bonded Indebtedness within City of Beaumont Community Facilities District No. 2016-4 (Four Seasons) by Mayor Pro Tem White Second by Council Member Knight City of Beaumont October 18, 2016 Ayes: Orozco, Knight, Condon, Lara Noes: White Motion Approved by a 4-1 vote 3. Review and Discuss Finance and Audit Committee Duties and Responsibilities Staff report given by Treasurer, Nancy Carroll. Public Comment opened and closed at 7:50 p.m. Motion to bring back the ordinance for review by Mayor Lara Second by Council Member White Approved by unanimous vote MINUTES Page 5 of 8 Motion to allow the Finance and Audit Committee to hold a CFD workshop on November 14, 2016 by Mayor Pro Tem White Second by Council Member Condon Approved by unanimous vote 4. Request that the City Council Consider the Changing of the Name of Columbus Day to Indigenous Peoples Day in the City of Beaumont as a Future Agenda item Requested to be removed from the agenda 5. Approval of City Attorney Invoices City Attorney, John Pinkney recused himself. Public Comment opened and closed at 8:12 p.m. Motion to approve invoices in the amount of $61,416.21 by Mayor Lara Second by Mayor Pro Tem White Approved by unanimous vote 6. Reimbursement of Travel Expenses to Mayor Pro -Tem, Lloyd White Mayor Pro Tem White recused himself. Public Comment opened and closed at 8:15 p.m. Motion to approve reimbursement of travel expenses incurred from the League of California Cities Annual Conference to Lloyd White by Mayor Lara Second by Council Member Knight City of Beaumont i MINUTES October 18, 2016 Page 6 of 8 Ayes: Knight, Condon, Lara Noes: Orozco Recused: White CITY TREASURER REPORT Gave a summary of the status of the SCO checklist. Gave a status of a pending Public Records Request. CITY MANAGER REPORT Shared the status of the CFD calculation worksheet. Shared the events from the Community Services Outlook Flyer. CITY CLERK REPORT 7. Agenda Management Program City Clerk, Julio Martinez gave a report of a new agenda management. Reported his attendance of the safety fair. CITY ATTORNEY REPORT City Attorney, John Pinkney gave a status report of litigation and work progress. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. 8. Ratification of Warrants dated, September 22, 2016 9. Ratification of Warrants dated, September 29, 2016 10. Ratification of Warrants dated, October 6, 2016 11. Approval of Minutes dated October 4, 2016 12. Continuance of Public Hearing on Formation of the City of Beaumont Community Facilities District No. 2016-2 13. Pet Data Animal Licensing Award of Contract 14. Tentative Tract Map 27357 (South of Oak Valley Parkway, West of Elm Avenue) One -Year Time Extension City of Beaumont October 18, 2016 MINUTES Page 7of8 15. Approve Mayor's Authorization of Signature of Supplemental Agreement for Community Development Block Grant (CDBG) 2016-2017 16. Award of Contract for Rehabilitation Services and Community Development Block Grant (CDBG) Citywide Concrete Rehabilitation Project to Leonida Builders, Inc. 17. Award of Contract for Traffic Signal Modification at the Intersection of Beaumont Avenue and Oak Valley Parkway to Sierra Pacific Electrical Contracting 18. Receive and File Quarterly Cash and Investments Report Public Comment opened and closed at 8:37 p.m. Items Pulled: Item 16, Item 15 and item 17 Motion to approve the remaining Consent Calendar by Mayor Pro Tem White Second by Council Member Knight Approved by unanimous vote 15. Approve Mayor's Authorization of Signature of Supplemental Agreement for Community Development Block Grant (CDBG) 2016-2017 Mayor Pro Tem White asked if the recent petition of request for a "splash pad" be included. Rebecca Deming clarified that this project was specified to be for the upgrade of restroom to meet ADA requirements, but that it could be looked at in the future. Motion to approve by Mayor Pro Tem White Second by Mayor Lara Approved by unanimous vote 17. Award of Contract for Traffic Signal Modification at the Intersection of Beaumont Avenue and Oak Valley Parkway to Sierra Pacific Electrical Contracting Council Member Orozco asked questions of the bidding and request for proposal award process City Attorney, John Pinkney clarified that the award must go to the lowest responsible bid. Motion to approve by Council Member Orozco Second by Mayor Pro Tem White Approved by unanimous vote City of Beaumont October 18, 2016 MINUTES Page 8 of 8 Adjournment of the City Council Regular Session of the October 18, 2016 Meeting at 8:48 p.m. to reconvene to Closed Session. Report out at 9:25 p.m. 3. Conference with Legal Counsel — Consideration of initiating potential litigation pursuant to Government Code Section 54956.9(d)(4) (3 potential cases) No reportable action. 5. Conference with Real Property Negotiators regarding property consisting of approximately 12.44, .048 and .08 acre parcels which are part of a larger 34.78 acre vacant parcel (APN 421-020-003) located on south side of State Route 60 in the unincorporated County of Riverside California. Agency Negotiator: Interim City Manager, Richard Warne, or his designee. Negotiating Parties: ASM Beaumont Investors, LLC and the City of Beaumont. Under Negotiation: Price and terms of potential purchase). No reportable action. Adjournment of the City Council meeting of October 18, 2016 meeting at 9:26 p.m. Minutes respectfully submitted by: Deputy City Clerk, Nicole Wheelwright Minutes verified and approved by: Julio Martine , Ey6a mont Clerk Date: I 1 )'01'&