The URL can be used to link to this page

Home My Public Portal AboutCity Council - 17 Sep 2019 - Agenda - Pdf Agenda City of Beaumont City Council Meeting Closed Session 5:00 PM Regular Session 6:00 PM Beaumont Financing Authority Beaumont Successor Agency (formerly RDA) Beaumont Utility Authority Beaumont Parking Authority Beaumont Public Improvement Authority Community Facilities District 93-1 550 E. 6th Street, Beaumont, Ca Tuesday, September 17, 2019 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. 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 City Council from discussing or taking actions brought up by your comments. Page CLOSED SESSION A Closed Session of the City Council / Beaumont Financing Authority / Beaumont Utility Authority / Beaumont Successor Agency (formerly RDA)/Beaumont Parking Authority / Beaumont Public Improvement Authority may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators and conference with legal counsel regarding pending litigation. Any public comment on Closed Session items will be taken prior to the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session with be made in the City Council Chambers. CALL TO ORDER Mayor Martinez, Mayor Pro Tem Santos, Council Member Carroll, Council Member Lara, and Council Member White 1. Public Comments Regarding Closed Session 2. Existing Litigation - Pursuant to Government Code Section 54956.9(d)(1): Urban Logic v. City of Beaumont et. al., Riverside Page 1 of 236 County Superior Case No. RIC 1707201 3. Public Employee Performance Evaluation Pursuant to Government Code Section 54957(b)(1) - Employee Title: City Manager. Adjourn to Closed Session REGULAR SESSION CALL TO ORDER Mayor Martinez, Mayor Pro Tem Santos, Council Member Carroll, Council Member Lara, and Council Member White Report out from Closed Session: Action on any Closed Session items: Action on any requests for excused absence: Pledge of Allegiance: Approval/Adjustments to Agenda: Conflict of Interest Disclosure: 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 time limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the City Council from discussing or taking actions brought up by your comments. 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. Approval of all Ordinances and Resolutions to be read by title only. 1. Ratification of Warrants Warrants dated September 5, 2019 Warrants dated August 29, 2019 7 - 43 2. Approval of Minutes CC Minutes 09.03.19 45 - 51 PUBLIC HEARINGS Approval of all Ordinances and Resolutions to be read by title only ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. Page 2 of 236 3. Adoption of Resolution in Support for and Declaration of California Clean Air Day Recommended Council Action(s): 1. Approve by title only "A Resolution of the City of Beaumont in Support for and Declaration of California Clean Air Day", and 2. Direct staff to schedule a time and place for a tree planting ceremony to commemorate Clean Air Day 2019. Staff Report - Html Resolution for the Declaration California Clean Air Day 53 - 55 4. Award of Contract to Baker Electric for a Public Electric Vehicle Charging Station in a Contract Amount Not-to-Exceed $371,800 Recommended Council Action(s): 1. Award a contract to Baker Electric for a public electric vehicle charging station in a contract amount not-to-exceed $371,800, and 2. Authorize the Mayor to execute an agreement with Baker Electric in accordance with the Beaumont Municipal Code purchasing ordinance. Staff Report - Html Design Build Contract- Baker 57 - 152 5. Direction to City Staff Regarding the Acceptance of Dedication of Landscape Easement Without Compensation – Tract Map 32325, Lots 187 through 190, and Lot 193 Recommended Council Action(s): Authorize City staff to negotiate with the individual property owners for the Acceptance of Dedication of Landscape Easement Without Compensation – Tract Map 32325, Lots 187 through 193, subject to the following conditions: 1. Easements are dedicated for each of the lots - Lots 187 to 193; 2. New or replacement plant materials will be selected for installation within the easements that are not expected to grow taller that the block wall at full maturity; 3. Existing trees as of the effective date of the easement will be maintained solely by the City of Beaumont; 4. City of Beaumont retains the sole right to install new or replace plant materials subject to item 2 above; and 5. Any plant materials installed by any party other than the City of Beaumont are subject for removal at the sole discretion of the City without compensation to any other party. Staff Report - Html Attachment A - Easement Photos Attachment B - Tract Map No. 32325 Attachment C - Offer of Dedication Attachment D - Letters of Request Attachment E - Map 153 - 185 Page 3 of 236 6. Approve the Cooperative Agreement between Riverside County Transportation Commission, City of Banning, and City of Beaumont for the Preparation of the Highland Springs Interchange Project Study Report Recommended Council Action(s): Approve the Cooperative Agreement between Riverside County Transportation Commission, City of Banning, and City of Beaumont for the Preparation of the Highland Springs Interchange Project Study Report. Staff Report - Html Cooperative Agreement 187 - 197 7. Authorize Employment Contract with Finance Director Recommended Council Action(s): Approve the Employment Contract with Jeffrey Mohlenkamp and authorize the City Manager to sign the agreement. Staff Report - Html Draft Employment Agreement Mohlenkamp 2019 Finance Director Job Desc 199 - 216 8. Approval of Attorney Invoices for the Month of August 2019. Recommended Council Action(s): 1. Approve invoices in the amount of $88,944.01. SBEMP Invoices - August 2019 217 - 231 9. Legislative Updates and Discussion CBEAU Legislative Report 233 - 236 COUNCIL REPORTS • Carroll • Lara • Martinez • Santos • White ECONOMIC DEVELOPMENT UPDATE Economic Development Committee Report Out and City Council Direction CITY TREASURER REPORT Finance and Audit Committee Report Out and Council Direction CITY CLERK REPORT CITY ATTORNEY REPORT CITY MANAGER REPORT FUTURE AGENDA ITEMS Page 4 of 236 Adjournment of the City Council of the September 17, 2019 Meeting at ____ p.m. The next regular meeting of the Beaumont City Council, Beaumont Financing Authority, the Beaumont Successor Agency (formerly RDA), the Beaumont Utility Authority, the Beaumont Parking Authority and the Beaumont Public Improvement Agency is scheduled for Tuesday, October 1, 2019, at 5:00 p.m. or thereafter as noted on the posted Agenda for Closed Session items in the City Council Board Room No. 5, followed by the regular meeting at 6:00 p.m. or thereafter as noted on the posted Agenda at City Hall. Beaumont City Hall – Online www.BeaumontCa.gov Page 5 of 236 Page 6 of 236 BEAUMONT Bank Drafts ACH #205 $975,693.73 County of Riverside Fire Department WARRANTS TO BE RATIFIED --C A |-F 0 R N I A Thursday,September 5,2019 Printed Checks 103154-103235 $12,481.80 FY 18/19 $843,894.61 FY 19/20 $856 376.41 AGENDA ITEM NO. I DO HEREBY CERTIFY THIS WARRANT LIST HAS BEEN COMPILED AND PREPARED TO MEET THE DAILY OPERATIONS FOR THE FISCAL YEAR JULY 1,2019 -JUNE 30,2020 Payroll Merchant Bankcard Affant Delux Buiness Systems Authnet Paydate 08/30/19 995999 9569 4,842.43 Credit Card Fees 3,1 11.45 Credit Card Fees $48.00 Sep-19 694.53 Bank DepositBags 364.20 Credit Card Fees 474,528.88 SIGNATURE: TITLE:CITY SIGNATURE: TITLE:ADMINISTRA ERVICES DIRECTOR Agenda Item No. 1. Page 7 of 236 75900224249 City of Beaumont,CA 707 5-3..0 3365!‘; Agenda Item No. 1. Page 8 of 236 Agenda Item No. 1. Page 9 of 236 Agenda Item No. 1. Page 10 of 236 Agenda Item No. 1. Page 11 of 236 Agenda Item No. 1. Page 12 of 236 Agenda Item No. 1. Page 13 of 236 114'.‘ .,‘..;,».; V3889 5503¢d 414§ 2200000-8040-0000 100-2050-703 7-0000 7 0-7800-7037-0000 Agenda Item No. 1. Page 14 of 236 Agenda Item No. 1. Page 15 of 236 Agenda Item No. 1. Page 16 of 236 Agenda Item No. 1. Page 17 of 236 Agenda Item No. 1. Page 18 of 236 Agenda Item No. 1. Page 19 of 236 22836882 22840302 22840303 22840304 224 05 22840306 22843916 Agenda Item No. 1. Page 20 of 236 Agenda Item No. 1. Page 21 of 236 Agenda Item No. 1. Page 22 of 236 Agenda Item No. 1. Page 23 of 236 Agenda Item No. 1. Page 24 of 236 Agenda Item No. 1. Page 25 of 236 M?!‘w§A‘E.@\'! 7590226156 Payment Type Regular Checks Manual Checks Voided Checks Bank Drafts EFTs Bank Code APBNK Summary Payable Payment Count Count Discount Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable #Payable Type Payable Date Payable Description Discount Amount Payable Amount Bank Code:APBNK-APBank 2311 SOUTHERNCALIFORNIAEDISON O9/04/2019 Regular 0.00 6,027.33 103155 Invoice 09/03/2019 TEMP POWER FOR 14255 POTREROBLVD 0.00 6,027.33 Payment 0.00 6,027.33 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,027.33 Check Register Packet:APPKT01106 -20190904 JM CHECK By Check Number City of Beaumont,CA 9/4/2019 1:27:21 PM Page 1 of 2 1.0000 1.100001. Agenda Item No. 1. Page 26 of 236 Agenda Item No. 1. Page 27 of 236 Page 28 of 236 IEAUMONT AGENDA ITEM NO. WARRANTS TO BE RATIFIED L I F 0 R N I A Thursday,August 29,2019 413,486.57 FY 18/19 141,855.45 FY 19/20 $ $ $975,693.73 FY 18/19 $1,531,035.75 $2,000,000.00 Replenish Payroll Account Agenda Item No. 1. Page 29 of 236 unlgylxa FINAL Check Report By Check Number Date Range:08/24/2019 -08/29/2019 City of Beaumont,CA Agenda Item No. 1. Page 30 of 236 Agenda Item No. 1. Page 31 of 236 Agenda Item No. 1. Page 32 of 236 Agenda Item No. 1. Page 33 of 236 Agenda Item No. 1. Page 34 of 236 Agenda Item No. 1. Page 35 of 236 Agenda Item No. 1. Page 36 of 236 Agenda Item No. 1. Page 37 of 236 Agenda Item No. 1. Page 38 of 236 . nu»: 131215 Agenda Item No. 1. Page 39 of 236 Agenda Item No. 1. Page 40 of 236 Agenda Item No. 1. Page 41 of 236 P§’2733G6'v' Agenda Item No. 1. Page 42 of 236 Agenda Item No. 1. Page 43 of 236 Page 44 of 236 MINUTES City Council Meeting Tuesday, September 3, 2019 Council Chambers 550 E 6th St. Beaumont, Ca Closed Session: 5:00 PM Regular Session: 6:00 PM CLOSED SESSION A Closed Session of the City Council / Beaumont Financing Authority / Beaumont Utility Authority / Beaumont Successor Agency (formerly RDA)/Beaumont Parking Authority / Beaumont Public Improvement Authority may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators and conference with legal counsel regarding pending litigation. Any public comment on Closed Session items will be taken prior to the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session with be made in the City Council Chambers. CALL TO ORDER at 5:02 p.m. Present: Mayor Martinez, Mayor Pro Tem Santos, Council Member Lara, and Council Member White (present at 5:04 p.m.) Absent: Council Member Carroll 1. Public Comments Regarding Closed Session No speakers. 2. Conference with Legal Counsel Regarding Anticipated/Existing Litigation — Pursuant to Government Code Section 54956.9(d)(1)and/or(2) and/or (3). (Worker’s Compensation Case No. COBM -0002, -0010, and -0024 No reportable action. 3. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8 for Property Known as Vacant Land APN 418-190-004, 005, 006, and 007 and 418-140-028 and 029. Agency Negotiator: City Manager Todd Parton or his Designee. Negotiating Parties: City of Beaumont and JADE Real Estate Holdings. Under Negotiation: Price and Terms No reportable action. 4. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8 for Property Known as Vacant Land APN 418-190-004, 005, 006, and 007 and 418-140-028 and 029. Agency Negotiator: City Manager Todd Parton or his Designee. Negotiating Parties: City of Beaumont and Heslin Holdings, Inc. Under Negotiation: Price and Terms No reportable action. Agenda Item No. 2. Page 45 of 236 City Council September 3, 2019 5. Conference with Legal Counsel Regarding Potential Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) - One Potential Case Adverse to Norton Rose Motion by Council Member White Second by Council Member Lara To initiate a lawsuit against Norton Rose. Approved by a 4-0 vote Adjourn to Closed Session REGULAR SESSION CALL TO ORDER Present: Mayor Martinez, Mayor Pro Tem Santos, Council Member Lara, and Council Member White Absent: Council Member Carroll Report out from Closed Session: see above Action on any requests for excused absence: Council Member Carroll requested an excused absent. Pledge of Allegiance Approval/Adjustments to Agenda: None Conflict of Interest Disclosure: None ANNOUNCEMENTS/RECOGNITIONS/PROCLAMATIONS/CORRESPONDENCE 1. Eagle Scout Recognitions 2. Introduction of New Police Employees and Promotions 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 time limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the City Council from discussing or taking actions brought up by your comments. 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. Approval of all Ordinances and Resolutions to be read by title only. 3. Ratification of Warrants 4. Approval of Minutes Moved by Council Member Mike Lara Seconded by Mayor Pro Tem Rey Santos To approve the Consent Calendar. Agenda Item No. 2. Page 46 of 236 City Council September 3, 2019 Absent: Nancy Carroll Ayes: Mike Lara, Julio Martinez, Lloyd White, and Rey Santos Approved by a 4-0 vote. PUBLIC HEARINGS Approval of all Ordinances and Resolutions to be read by title only 5. Conduct a Public Hearing and Consideration of Tentative Parcel Map No. 37791 (PW2019- 0005) for a Request to Subdivide 8.93 Acres into Two (2) Parcels with an Existing Storage Facility on a 5.28-Acre Parcel and a 3.65-Acre Vacant Parcel for Financing and Conveyance Purposes Only Located North of East First Street, South of East Second Street, East of Pennsylvania Avenue and West of Commerce Way at 1422 East First Street Public Hearing opened and closed at 6:25 p.m. No speakers. Moved by Council Member Lloyd White Seconded by Mayor Julio Martinez To approve Tentative Parcel Map No. 37791 (PM2019-0005) for a two-year period, subject to the attached conditions of approval; and Direct staff to prepare a Notice of Exemption for the applicant to record with the County Clerk. Absent: Nancy Carroll Ayes: Mike Lara, Julio Martinez, Lloyd White, and Rey Santos Approved by a 4-0 vote. ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. 6. Second Reading and Approval of "An Ordinance of the City of Beaumont Amending Title 5, Chapter 5.64 of the City of Beaumont Municipal Code to Peddlers; And Amending Title 5, Chapter 5.66, Sidewalk Vending" Moved by Council Member Mike Lara Seconded by Council Member Rey Santos To approve at its second reading, the following, “An Ordinance of the City of Beaumont Amending Title 5, Chapter 5.64 of the City of Beaumont Municipal Code to Peddlers; And Amending Title 5, Chapter 5.66, Sidewalk Vending. Agenda Item No. 2. Page 47 of 236 City Council September 3, 2019 Absent: Nancy Carroll Ayes: Mike Lara, Julio Martinez, and Rey Santos Abstained: Lloyd White Approved by a 3-0 vote. 7. Approval of Ramona Animal Shelter Contract Moved by Council Member Mike Lara Seconded by Mayor Julio Martinez To renew the contract for a two-year term effective September 1, 2019. Absent: Nancy Carroll Ayes: Mike Lara, Julio Martinez, Lloyd White, and Rey Santos Approved by a 4-0 vote. 8. Authorize Purchase of Network Security Hardware and Professional Services Moved by Council Member Lloyd White Seconded by Council Member Lara To authorize the purchase of hardware from Golden Star Technologies for firewalls and switches plus 1 year warranty in the amount of $48,466.54; and Approve and authorize the city manager to sign the VPLS professional services agreement for Fortinet firewall deployment services in the amount of $42,236.00. Absent: Nancy Carroll Ayes: Mike Lara, Julio Martinez, Lloyd White, and Rey Santos Approved by a 4-0 vote. 9. Approval of Requisition Greater than $25,000 Moved by Council Member Mike Lara Seconded by Council Member Lloyd White Agenda Item No. 2. Page 48 of 236 City Council September 3, 2019 To approve requisition 825 in the amount of 199,095.00 payable to Webb Municipal Finance, LLC. Absent: Nancy Carroll Ayes: Mike Lara, Lloyd White, Julio Martinez, and Rey Santos Approved by a 4-0 vote. 10. Review and Approval of Conceptual Design for West Side Fire Station and Authorization for Staff to Initiate the Final Design Phase Moved by Council Member Lloyd White Seconded by Council Member Mike Lara To review and approve the conceptual design for the West Side Fire Station and authorize staff to initiate the final design phase. Absent: Nancy Carroll Ayes: Mike Lara, Julio Martinez, Lloyd White, and Rey Santos Approved by a 4-0 vote. 11. Approval of Compensation Plan and Salary Table Moved by Mayor Julio Martinez Seconded by Council Member Mike Lara Approval of the Compensation Plan and Salary Table. Absent: Nancy Carroll Ayes: Mike Lara, Julio Martinez, Lloyd White, and Rey Santos Approved by a 4-0 vote. 12. Receive and File the Potrero Bridge Project Summary and Construction Change Order Update Moved by Council Member Mike Lara Agenda Item No. 2. Page 49 of 236 City Council September 3, 2019 Seconded by Council Member Rey Santos Receive and file the Potrero Bridge Project Summary and Construction Change Order Update. Absent: Nancy Carroll Ayes: Mike Lara, Julio Martinez, Lloyd White, and Rey Santos Approved by a 4-0 vote 13. Wastewater Treatment Plant Expansion/Renovation and Brine Pipeline Installation Project Status Update; and Authorize an Additional $100,000.00 for the City Manager to Execute Agreements for Archaeological, Biological and Tribal Monitoring for the Brine Line and the Wastewater Treatment Plant for a Total Amount Not to Exceed $350,000.00 Moved by Council Member Lloyd White Seconded by Council Member Mike Lara Receive and file the project updates, and Authorize an Additional $100,000.00 for the City Manager to Execute Agreements for Archaeological, Biological and Tribal Monitoring for the Brine Line and the Wastewater Treatment Plant for a Total Amount Not to Exceed $350,000.00. Absent: Nancy Carroll Ayes: Mike Lara, Julio Martinez, Lloyd White, and Rey Santos Approved by a 4-0 vote. 14. Appointment to the Post Secondary Education Representative of the Economic Development Committee Moved by Mayor Julio Martinez Seconded by Council Member Mike Lara Appoint Mr. Von Lawson as the Post Secondary Education Representative of the Economic Development Committee. Absent: Nancy Carroll Ayes: Mike Lara, Julio Martinez, Lloyd White, and Rey Santos Approved by a 4-0 vote. Agenda Item No. 2. Page 50 of 236 City Council September 3, 2019 15. Legislative Updates and Discussion COUNCIL REPORTS • Carroll - Absent • Lara - No report • Martinez - No report • Santos - No report • White - No report ECONOMIC DEVELOPMENT UPDATE No report. CITY TREASURER REPORT No report. CITY CLERK REPORT Thanked staff for the new Monthly City Manager Newsletter. CITY ATTORNEY REPORT No report. CITY MANAGER REPORT Weed Abatement Update FUTURE AGENDA ITEMS • CFD Policy Review ADJOURNMENT Adjournment of the City Council of the September 3, 2019 Meeting at 7:36 p.m. The next regular meeting of the Beaumont City Council, Beaumont Financing Authority, the Beaumont Successor Agency (formerly RDA), the Beaumont Utility Authority, the Beaumont Parking Authority and the Beaumont Public Improvement Agency is scheduled for Tuesday, September 17, 2019, at 5:00 p.m. or thereafter as noted on the posted Agenda for Closed Session items in the City Council Board Room No. 5, followed by the regular meeting at 6:00 p.m. or thereafter as noted on the posted Agenda at City Hall. Beaumont City Hall – Online www.BeaumontCa.gov Agenda Item No. 2. Page 51 of 236 Page 52 of 236 Staff Report TO: Mayor and City Council Members FROM:Todd Parton, City Manager DATE:September 17, 2019 SUBJECT:Adoption of Resolution in Support for and Declaration of California Clean Air Day Background and Analysis: In California a coalition for clean air has been established to launch a Clean Air Day. Its intention is to improve community health and develop habits of clean air. This year, California Clean Air Day will take place on October 2, 2019. The objective of this day will be to encourage individuals, government agencies, businesses and non-profit organizations to do their part to improve air quality and protect public health. Western Riverside Council of Governments (WRCOG) has contacted the City for participation in Clean Air Day by way of a tree planting ceremony. WRCOG has applied for a micro-grant to supply cities with trees, plaques and planting materials. Fiscal Impact: There is no fiscal impact at this time. Recommendation: 1. Approve by title only "A Resolution of the City of Beaumont in Support for and Declaration of California Clean Air Day", and 2. Direct staff to schedule a time and place for a tree planting ceremony to commemorate Clean Air Day 2019. Attachments: Resolution for the Declaration California Clean Air Day Agenda Item No. 3. Page 53 of 236 Page 54 of 236 RESOLUTION NO. A RESOLUTION OF THE CITY OF BEAUMONT IN SUPPORT FOR AND DECLARATION OF CALIFORNIA CLEAN AIR DAY WHEREAS, air pollution contributes to higher rates of cancer and heart and lung diseases, which adversely affect health; and WHEREAS, California has some of the most polluted regions in the United States; and WHEREAS, cities within the Western Riverside County face disproportionate, negative health impacts due to low air quality, falling within the California Environmental Protection Agency’s top 25% most disadvantaged communities, as denoted by SB 535; and WHEREAS, it is vital that we protect the health and well-being of our residents, visitors, and workforce; and WHEREAS, emissions from vehicles, industry, and even household sources significantly affect the natural environment, air quality and well-being of residents, employees, and visitors of the City of Beaumont; and WHEREAS, individual actions such as not idling vehicles, walking or biking to work and school, carpooling, and conserving energy can directly improve air quality in our region; and WHEREAS, everyone can play a role; and WHEREAS, education about air quality can raise community awareness, encourage our community to develop better habits, and improve our community health; and WHEREAS, Californians will be joining together across the state to clear the air on October 2, 2019; and WHEREAS, the City of Beaumont is committed to the health of our residents, workforce, visitors, and community at large. NOW, THEREFORE BE IT RESOLVED, by the City of Beaumont, that October 2, 2019, be declared “Clean Air Day” within its jurisdiction. BE IT FURTHER RESOLVED that Department heads determine how their employees can participate in Clean Air Day, as appropriate, and report back on those actions. BE IT FURTHER RESOLVED that we encourage all residents, businesses, employees, and community members to participate in Clean Air Day and help clear the air for all Californians. ___________________________ ___________________________ Mayor Date Attested by: ___________________________ ___________________________ City Clerk Date Agenda Item No. 3. Page 55 of 236 Page 56 of 236 Staff Report TO: Mayor and City Council Members FROM:Elizabeth Gibbs, Community Services Director DATE:September 17, 2019 SUBJECT:Award of Contract to Baker Electric for a Public Electric Vehicle Charging Station in a Contract Amount Not-to-Exceed $371,800 Background and Analysis: The State of California has set a goal to have five million electric vehicles on the road in California by the year 2030. The biggest challenge as identified by the state is the availability of fast-charging stations. To help increase the availability of fast-charging stations, California has increased grant opportunities available for this purpose. The City of Beaumont Transit Services was awarded two separate, reimbursable grants totaling $271,870.00 for the design and installation of a fast-charge electric vehicle charging station. The charging station will be located in the Beaumont Civic Center parking lot, adjacent to the police station on Orange Ave. This location is ideal because it is centrally located within the downtown area, its close proximity to government buildings, its serviced by several public transit routes, and because it is the site of an unofficial park and ride location. In April 2019, a request for proposal was published to design and install a public electric vehicle charging station with three chargers. The City received three responses, however, one respondent failed to submit the required bid documentation and was therefore disqualified. Staff interviewed the two remaining respondents and ultimately requested revised bids from both companies. During the interview process, it became clear to staff that the unknown factor for both respondents was the expectations and potential requirements of Southern California Edison (SCE). SCE would not speculate on the upgrades to the current power system that will be needed until a design is submitted for their review. The cost proposals received were: Baker Electric itemized their costs of $310,800 and accounted for $60,000 allowance for SCE upgrades. The second contractor, Trillium, itemized their costs at $313,987 with no allowance for SCE upgrades. Agenda Item No. 4. Page 57 of 236 The Southern California Incentive Project (SCIP) grant requires a 5-year maintenance contract for the chargers which is included in the bid cost and will be compliant with the Americans with Disabilities Act (ADA), as required by federal law. Fiscal Impact: The City of Beaumont was awarded two reimbursable electric vehicle charging station grants totaling $271,870: Southern California Incentive Project (SCIP)- $240,000; and, Mobile Source Air Pollution Reduction Review Committee (MSRC)- $31,870 Additionally, the Riverside County Transportation Commission (RCTC) has allowed for the reprogramming of past unspent State Transit Assistance (STA) funded grants and created project STA 2020-07 in the amount of $100,000, bringing the total grant funds available for this project equal to $371,870. It should be noted that revenues generated by the electric vehicle charging station will contribute to the 10% farebox recovery ratio requirement mandated by the Transportation Development Act of 1971. Recommendation: 1. Award a contract to Baker Electric for a public electric vehicle charging station in a contract amount not-to-exceed $371,800; and, 2. Authorize the Mayor to execute an agreement with Baker Electric in accordance with the Beaumont Municipal Code purchasing ordinance. City Manager Review: Todd Parton City Manager Attachments: Design Build Contract- Baker Agenda Item No. 4. Page 58 of 236 Agenda Item No. 4. Page 59 of 236 Agenda Item No. 4. Page 60 of 236 Agenda Item No. 4. Page 61 of 236 Agenda Item No. 4. Page 62 of 236 Agenda Item No. 4. Page 63 of 236 Agenda Item No. 4. Page 64 of 236 IEAMNT Website: www.beoumontc<J.gov Address: 550 E.6"‘Street Beaumont,CA 92223 Phone: -—-CALIFORNA Proposals Due By :3:00 pm April 4,2019 Request for Proposals For Public Electric Vehicle Charging Station ccobrercI@beoumon’rca.ov Contact: Celina Cabrera Management Analyst RFPAvailable: www.pubIicpurchase.com Agenda Item No. 4. Page 65 of 236 Agenda Item No. 4. Page 66 of 236 Agenda Item No. 4. Page 67 of 236 Agenda Item No. 4. Page 68 of 236 Agenda Item No. 4. Page 69 of 236 Agenda Item No. 4. Page 70 of 236 ,..____v \ BFAW City of Beaumont Request for Proposal Public Electric Vehicle Charging Station Revised 6 City of Beaumont has secured Southern California Incentive Project (SCIP)rebate funding for the installation of four (4)electric vehicle charging stations located adjacent to Beaumont Civic Center.Contractors submitting a proposal shall be familiar with the guidelines of SCIP and provide references and recent projects ftmded by SCIP. Beaumont is seeking a turnkey solution in which the Contractor shall design,furnish,install, coordinate with utilities including SCE,facilitate networking agreement,and maintain the requested EV chargers for a period of sixty (60)months. Equipment Requirements (as outlined in approved application submitted to SCIP for funding): 1.Four (4)New ChargePoint CPE 200 units. 2.Equipmentmust meet both CHAdeMO and Combined Charging System (CCS)standards for electric vehicle chargers and have both a CHAdeMO and CCS Connector. 3.Equipment must be networked,which is de?ned as a charger connected to a backend network operations center,which at a minimum enables remote diagnostics,remote start, and usage data collection. 4.Equipment capable of delivering electricity to a plug-in electric vehicle at a minimum of 50kW or greater. 5.Equipment must use an open standard protocol as a basic framework for purposes of network interoperability. 6.Equipmentmust be able to accept some form of credit card payment and accept more than one form of payment.The equipment is not required to have a credit card reader installed, but credit card payment must be accepted in some form (e.g.App,toll ?'ee,etc.) 7.Equipment must be approved by a NRTL,that is accredited to certify EVSE standards. Underwriter’s Laboratory (UL),Intertek (ETL)and MET Laboratories,Inc.are all currently accredited NRTLS Role of Contractor 1.Design Electric Vehicle (EV)Charging Station located at 600 Orange Ave,Civic Center Parking Lot located adjacent to Beaumont Civic Center. Agenda Item No. 4. Page 71 of 236 B City of Beaumont Requesi for Proposal Public Electric Vehicle Charging Slalion 2.Furnish equipment as outlined in the Equipment Requirements above 3.Coordinate with City of Beaumont Building and Safety Department to acquirepermits. 4.Coordinate with utility companies including Southern California Edison (SCE)for power and telecommunications for networking capability. 5.Install EV Charging units with payment reader or other type of payment platform. 6.Include warranty or maintenance information on the installed product for a term of no more than 5 years as is required by SCIP rebate. 7.Facilitate a 5-year network service agreement. 8.Pay prevailing wage in accordance with California Prevailing Wage Law. 9.Submit completed copy of the purchase invoice for all design costs.A completed invoice must be executed and signed.It includes an itemization of credits,discounts,and incentives received,if applicable. 10.Submit completed copy of the purchase invoice for all installation costs.A completed invoice must be executed and signed.It includes an itemization of credits,discounts,and incentives received,if applicable. 11.Submit completed copy(s)for the purchase of equipment.A completed invoice must be executed and signed.It includes an itemization of credits,discounts,and incentives received,if applicable. 12.Coordinate with City of Beaumont Building &Safety Department for inspections. 13.Submit a copy of final inspection card. 14.Submit a copy of the utility service order. 15.Submit copy of 5-year network agreement. 16.Provide a Charging Session Data ?le from the chargers once it is operational. Time Line 1.Design station and charger locations,obtain permits and coordinate with utilities to obtain a utility service order completed by July 1,2019. 2.Project must be completed,operational and all invoices and required paperwork submitted by November 1,2019. Revised 7 Agenda Item No. 4. Page 72 of 236 BEAEIHNT Agenda Item No. 4. Page 73 of 236 Kl’ City of Beaumont Request for Proposal Public Electric Vehicle Charging Slaiion Agreement of Services by Independent Contractor THIS AGREEMENT FOR SERVICES BY INDEPENDENTCONTRACTOR is made and effective as of the __day of _,$18,by and between the CITY OF BEAUMONT (“CITY”)whose address is 550 E.6"‘Street,Beaumont,California 92223 and a California corporation,whose address is (“CONTRACTOR”). RECITALS This Agreement is entered into on the basis of the following facts,understandingsand intentions of the parties to this Agreement: A.CITY desires to engage CONTRACTOR to desi fumish install coordinatewith utilities includin SCE facilitate networkin a cement and maintain EV char ers;and B.CONTRACTOR has made a proposal (“Proposal”)to the CITY to provide such professional services,which Proposal is attached hereto as Exhibit “A”;and C.CONTRACTOR agrees to provide such services pursuant to,and in accordance with,the terms and conditions of this Agreement,and represents and warrants to CITY that CONTRACTOR possesses the necessary skills,licenses,certi?cations,qualifications,personnel and equipment to provide such services. AGREEMENT NOW,THEREFORE,in consideration of the foregoing Recitals and mutual covenants contained herein,CITY and CONTRACTOR agree as follows: 1.Term of A cement.This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein.Notwithstanding anything in this Agreement to the contrary,this Agreement shall automatically terminate after one (1)year unless extended by the parties with the approval of the City Council of the CITY. 2.Services to be Performed.CONTRACTOR agrees to provide the services (“Services”)as follows:desi furnish install coordinate with utilities includin SCE facilitate networkin a cement and maintain EV char ers and any other services which the City may request in writing.All Services shall be performed in the manner and accordingto the timeframe set forth in the Proposal. CONTRACTOR designates as CONTRACTOR’S professional responsible for overseeing the Services provided by CONTRACTOR.Notwithstandinganything to the contrary herein, any provisions in the Proposal that are in addition to or inconsistentwith the terms of this Agreement shall be deemed invalid and shall have no force or effect. 3.Associates and Subcontractors.CONTRACTOR may,at CONTRACTOR’Ssole cost and Revised 9 Agenda Item No. 4. Page 74 of 236 Agenda Item No. 4. Page 75 of 236 Agenda Item No. 4. Page 76 of 236 Agenda Item No. 4. Page 77 of 236 Agenda Item No. 4. Page 78 of 236 an?m City of Beaumont Request for Proposal Public Electric Vehicle Charging Station 9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition,event or accumulation of events which may affect the scope and/or cost of Services.All proposed changes, modi?cations,deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council. 10.Termination of A ement. 10.01 Notwithstandingany other provision of this Agreement,CITY,at its sole option, may terminate this Agreement with or without cause,or for no cause,at any time by giving twenty (20)days’written notice to CONTRACTOR. 10.02 In the event of termination,the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30)business days a?er receipt of an invoice as provided in this Agreement.Immediately upon termination,CONTRACTOR agrees to promptly provide and deliver to CITY all original documents,reports,studies,plans,speci?cations and the like which are in the possession or control of CONTRACTOR and pertain to CITY. 11.Status of CONTRACTOR. 11.01 CONTRACTOR shall perform the Services in CONTRACTOR’sown way as an independent contractor,and in pursuit of CONTRACTOR’s independent calling,and not as an employee of CITY.However,CONTRACTOR shall regularly confer with CITY’s City Manager as provided for in this Agreement. 11.02 CONTRACTOR agrees that it is not entitled to the rights and bene?ts afforded to CITY’s employees,including disability or unemployment insurance,workers’compensation, retirement,CalPers,medical insurance,sick leave,or any other employmentbene?t. CONTRACTOR is responsible for providing,at its own expense,disability,unemployment, workers’compensation and other insurance,training,permits,and licensesfor itself and its employees and subcontractors. 11.03 CONTRACTOR hereby speci?cally represents and warrants to CITY that it possesses the quali?cations and skills necessary to perform the Services under this Agreement in a competent,professional manner,without the advice or direction of CITY and that the Services to be rendered pursuant to this Agreement shall be performed in accordancewith the standards customarily applicable to an experienced and competent professional renderingthe same or similar services in the same geographic area where the CITY is located.Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authorityto bind CONTRACTOR to this Agreement. 12.Ownershi of Documents‘Audit. 12.01 All draft and ?nal reports,plans,drawings,studies,maps,photographs, speci?cations,data,notes,manuals,warranties and all other documentsof any kind or nature prepared,developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY,and CONTRACTOR Revised 74 Agenda Item No. 4. Page 79 of 236 Agenda Item No. 4. Page 80 of 236 Agenda Item No. 4. Page 81 of 236 cozmumu:_u§_u23:”..6:o_uaua._ aEoE.._ua?< Agenda Item No. 4. Page 82 of 236 Agenda Item No. 4. Page 83 of 236 Agenda Item No. 4. Page 84 of 236 Agenda Item No. 4. Page 85 of 236 BEAUEIENT Addendum 1 rch 26,2019 Public Electric Vehicle Charging Station TO:All Potential Contractors: This addendum forms a part of the contract documents for the above-identi?ed project and modi?es the original Request for Proposal as noted below.Portions of the Proposal,not speci?cally mentioned by the Addendum,remain in force.Alltrades affected shall be fully advised of these changes,deletions,and additions. Upon award of contract,winning contractor will be required to submit a Performance and Payment Bond for the construction phase. Please note that a signed Acknowledgement of Addendum #1 (located at the end of this document)willbe required to be submitted with your proposal. Updated Evaluation Grading willbe Attachment #3 to this document. 1)How many chargers will be installed? a.RFP states 4 chargers,but after con?rmation with the rebate program, only 3 will be funded.That means,we only will be requiring the installation of 3 chargers. 2)Are substitutions of Equal or better specs to ChargePoint allowed? a.Yes.There is an Equipment EligibilityList provided by CALeVlP of DCFC’s.Although the rebate was originally written for the CPE200, clari?cation has been received that eligible substitutions can be considered.We will accept the following DCFC Level 3 Chargers as substitutions to ChargePoint CPE200: i.ChargePoint CPE250 ii.Efacec HV160 iii.Efacec HV350 iv.Tritium TR193-50-O1-US Questions CALIFORN A——._ Agenda Item No. 4. Page 86 of 236 Agenda Item No. 4. Page 87 of 236 Agenda Item No. 4. Page 88 of 236 Agenda Item No. 4. Page 89 of 236 Agenda Item No. 4. Page 90 of 236 3EAF?6NT Addendum 2'---CALIFORNIA--— arch 27,2019 Public Electric Vehicle Charging Station TO:All Potential Contractors: This addendum forms a part of the contract documents for the above-identi?ed project and modi?es the original Request for Proposal as noted below.Portions of the Proposal,not speci?cally mentioned by Addendum #1 or #2,remain in force.Alltrades affected shall be fully advised of these changes,deletions,and additions. The below statements are to clarify some answers issued in Addendum #1 Please include the following required infonnation with your bid proposals: 1)What is the current daily DC utility usage of the proposed product being used in the San Gorgonio Pass Area? 2)What is your maintenance response time?Include parts and labor. 3)What is your guaranteed up-time of the equipment you are proposing? 4)Outline the driver’s experience and bene?ts to the charging unit you are proposing. 5)Service location will require new SCE service and contractor shall provide all labor,material and pay applicable fees to SCE to provide new service feed. There are potentially 2 areas in which the service could be done.Bids should include design and drawing fees for the SCE service drop. 6)Sub-contractors must be listed in your proposal. 7)Experience with SCIP is required,please include references in which you perfonned work with SCIP funding. Agenda Item No. 4. Page 91 of 236 Agenda Item No. 4. Page 92 of 236 IEAWNT ‘AddendumCALIFORNA Agenda Item No. 4. Page 93 of 236 |l!Baker Electric_ LT T} 1 s a p 5 ry S 5 R (5 S 5 tv s 5 Agenda Item No. 4. Page 94 of 236 ‘Baker Electric Agenda Item No. 4. Page 95 of 236 ‘Baker Electric Agenda Item No. 4. Page 96 of 236 Agenda Item No. 4. Page 97 of 236 Agenda Item No. 4. Page 98 of 236 Agenda Item No. 4. Page 99 of 236 Agenda Item No. 4. Page 100 of 236 Agenda Item No. 4. Page 101 of 236 Agenda Item No. 4. Page 102 of 236 Agenda Item No. 4. Page 103 of 236 Agenda Item No. 4. Page 104 of 236 Agenda Item No. 4. Page 105 of 236 Agenda Item No. 4. Page 106 of 236 Agenda Item No. 4. Page 107 of 236 Agenda Item No. 4. Page 108 of 236 Agenda Item No. 4. Page 109 of 236 Agenda Item No. 4. Page 110 of 236 Agenda Item No. 4. Page 111 of 236 Agenda Item No. 4. Page 112 of 236 Agenda Item No. 4. Page 113 of 236 Agenda Item No. 4. Page 114 of 236 Agenda Item No. 4. Page 115 of 236 Agenda Item No. 4. Page 116 of 236 Agenda Item No. 4. Page 117 of 236 Agenda Item No. 4. Page 118 of 236 Agenda Item No. 4. Page 119 of 236 Agenda Item No. 4. Page 120 of 236 Agenda Item No. 4. Page 121 of 236 Agenda Item No. 4. Page 122 of 236 Agenda Item No. 4. Page 123 of 236 Agenda Item No. 4. Page 124 of 236 Agenda Item No. 4. Page 125 of 236 Agenda Item No. 4. Page 126 of 236 Agenda Item No. 4. Page 127 of 236 Agenda Item No. 4. Page 128 of 236 Agenda Item No. 4. Page 129 of 236 Agenda Item No. 4. Page 130 of 236 Agenda Item No. 4. Page 131 of 236 Agenda Item No. 4. Page 132 of 236 Agenda Item No. 4. Page 133 of 236 Agenda Item No. 4. Page 134 of 236 Agenda Item No. 4. Page 135 of 236 Agenda Item No. 4. Page 136 of 236 Agenda Item No. 4. Page 137 of 236 Agenda Item No. 4. Page 138 of 236 Agenda Item No. 4. Page 139 of 236 Agenda Item No. 4. Page 140 of 236 Agenda Item No. 4. Page 141 of 236 Agenda Item No. 4. Page 142 of 236 Agenda Item No. 4. Page 143 of 236 Agenda Item No. 4. Page 144 of 236 Agenda Item No. 4. Page 145 of 236 Agenda Item No. 4. Page 146 of 236 Agenda Item No. 4. Page 147 of 236 Agenda Item No. 4. Page 148 of 236 Agenda Item No. 4. Page 149 of 236 Agenda Item No. 4. Page 150 of 236 Agenda Item No. 4. Page 151 of 236 Agenda Item No. 4. Page 152 of 236 Staff Report TO: Mayor and City Council Members FROM:Elizabeth Gibbs, Community Services Director DATE:September 17, 2019 SUBJECT:Direction to City Staff Regarding the Acceptance of Dedication of Landscape Easement Without Compensation – Tract Map 32325, Lots 187 through 190, and Lot 193 Background and Analysis: On November 22, 2005, Tract Map No. 32325 was recorded with the County of Riverside and specified two tracts, identified as Lots AA and BB, that were created with the intent that they be owned and maintained for open space, slope and landscape purposes by the homeowners association (HOA). Lots 187 through 193 were established in such a manner that they share common lot lines with Lot BB with the common lot line creating the rear lot line for each parcel. However, the parcels are bisected by a screening wall without access points provided for the property owners. Attachment A contains photos of the existing conditions. An easement for slope and landscape purposes was retained by the original developer. This easement was not defined by the tract map nor transferred to any other party. An offer of dedication between the HOA and the City was recorded on October 7, 2010, in which the HOA offered, and the City accepted, a dedication of real property of Lots AA and BB (Attachment C). However, the offer of dedication did not address the easements across lots 187 through 193. On August 19, 2019, City staff met with several of the owners of lots 187 through 193 to discuss the overall deterioration of the landscape along Brookside Avenue, directly north of the fence line of these lots, and within that portion of the lots located outside of the block wall. A majority of the residents present agreed that a formal means of access should be granted to the City to facilitate proper maintenance within those portions of the individual lots located between the block wall and Lot BB, the areas adjacent to Brookside Avenue. Furthermore, all but two owners, the owners of Lots 191 and 192, have agreed in writing to dedicate without compensation a “landscape, irrigation, and slope maintenance easement” with specific authorities granted to the City to enable the appropriate maintenance operations (Attachment D). Although the owners of Lots 191 and 192 were present at the meeting on August 19, 2019, they have not submitted a written request to the City, to date. Agenda Item No. 5. Page 153 of 236 As shown on the attached map, excluding Lots 191 and 192 from the dedication will leave the slope with cookie-cutter type landscape maintenance and make it difficult for the City's staff to determine if maintenance efforts are potentially encroaching on private property (Attachment E). Finally, a few of the residents that did submit requests asked that the City agree, in good faith, that any new tree plantings have a height limit and that language be added to the maintenance easement. This will prevent trees planted in the future from blocking their view of the mountain range directly north of the development. Fiscal Impact: The fiscal impact equals $2,640 annually in grounds maintenance personnel costs and approximately $500 annually in equipment costs. Recommendation: Authorize City staff to negotiate with the individual property owners for the Acceptance of Dedication of Landscape Easement Without Compensation – Tract Map 32325, Lots 187 through 193, subject to the following conditions: 1. Easements are dedicated for each of the lots - Lots 187 to 193; 2. New or replacement plant materials will be selected for installation within the easements that are not expected to grow taller that the block wall at full maturity; 3. Existing trees as of the effective date of the easement will be maintained solely by the City of Beaumont; 4. City of Beaumont retains the sole right to install new or replace plant materials subject to item 2 above; and 5. Any plant materials installed by any party other than the City of Beaumont are subject for removal at the sole discretion of the City without compensation to any other party. City Manager Review: Todd Parton City Manager Attachments: Attachment A - Easement Photos Attachment B - Tract Map No. 32325 Attachment C - Offer of Dedication Attachment D - Letters of Request Agenda Item No. 5. Page 154 of 236 Attachment E - Map Agenda Item No. 5. Page 155 of 236 Page 156 of 236 Agenda Item No. 5.Page 157 of 236 Agenda Item No. 5.Page 158 of 236 Agenda Item No. 5. Page 159 of 236 Agenda Item No. 5. Page 160 of 236 I 1-is.33214555:| ul124l12s'12s|1z1'm|'3" /R328,..¥ /4 e Agenda Item No. 5. Page 161 of 236 LIZ Agenda Item No. 5. Page 162 of 236 =2:5.:3 E23,:51:..55 ‘i. :.a. 1!£253: :3:2 __ 5 _ 1 eSk.‘.5: A ' _ ,.. ~.~ 3...n 5:1 F is. 2. ll : 5.3 SEE SHEET Agenda Item No. 5. Page 163 of 236 ‘."?AC Agenda Item No. 5. Page 164 of 236 5.5? -—... 5..a .:.e.. 5FuEbb" ".n_.~.... r ‘ .5;~r...ulbli?h,... s, u_. n . :E. .:.es 5E.:. § .:.. F .3.334'...3 ‘e.32«ur. Z5 \ Agenda Item No. 5. Page 165 of 236 Agenda Item No. 5. Page 166 of 236 Agenda Item No. 5. Page 167 of 236 Agenda Item No. 5. Page 168 of 236 Agenda Item No. 5. Page 169 of 236 Agenda Item No. 5. Page 170 of 236 Agenda Item No. 5. Page 171 of 236 Agenda Item No. 5. Page 172 of 236 Agenda Item No. 5. Page 173 of 236 Page 174 of 236 ‘D3 _—— A Agenda Item No. 5. Page 175 of 236 _ Agenda Item No. 5. Page 176 of 236 Agenda Item No. 5. Page 177 of 236 Agenda Item No. 5. Page 178 of 236 Agenda Item No. 5. Page 179 of 236 J4 mm?Bua.nE[§LF2}:§1.¢. E!I I_ .......mu.un u uunna 'Notary Public <Callfamla.5 lineman counlvIwwlinaoluuavnzoll ¥ Agenda Item No. 5. Page 180 of 236 Agenda Item No. 5. Page 181 of 236 Agenda Item No. 5. Page 182 of 236 Agenda Item No. 5. Page 183 of 236 Agenda Item No. 5. Page 184 of 236 Agenda Item No. 5. Page 185 of 236 Page 186 of 236 Staff Report TO: Mayor and City Council Members FROM:Jeff Hart, Public Works Director DATE:September 17, 2019 SUBJECT:Approve the Cooperative Agreement between Riverside County Transportation Commission, City of Banning, and City of Beaumont for the Preparation of the Highland Springs Interchange Project Study Report Background and Analysis: The Western Riverside Council of Governments (WRCOG) has allocated $2 million for the preparation of a Project Study Report (PSR) for the Highland Springs Interchange Project. WRCOG and Riverside County Transportation Committee (RCTC) have entered in a funding agreement allocating the $2 million to RCTC for the preparation of a PSR for the project. The project is located adjacent to and within the jurisdictional boundaries of the cities of Banning and Beaumont, and may require improvements to streets within each respective city. The cities of Banning and Beaumont have requested that RCTC be the lead agency for the preparation of the PSR for the project, and RCTC has agreed to act as the lead agency. In May 2019, Minegar & Associates, Inc. prepared a traffic impact analysis (TIA) for the widening of Pennsylvania Avenue between 6th Street and 1st Street in the City of Beaumont. The project study area included the I-10/Highland Springs Avenue diamond interchange ramp junctions. Specifically, the study areas included Highland Springs Avenue at I-10 westbound on/off-ramps (signalized) and Highland Springs Avenue at I-10 eastbound on/off-ramps (signalized). The level of service (LOS) analysis of each study area intersection covered both the weekday morning (AM) and afternoon/evening (PM) peak hours. LOS is a qualitative measure that describes operational conditions within a traffic stream, generally in terms of such factors as speed and travel time, traffic interruptions, freedom to maneuver, comfort and convenience of safety. LOS conditions range from A (very good operation) to F (severely congested operation). The table below summarizes the LOS thresholds: Agenda Item No. 6. Page 187 of 236 Recent analysis shows the intersections of I-10 and Highland Springs currently performing poorly for both the east and west bound ramp intersections. Additionally, further analysis shows that the ramps will worsen from their current levels to failing as soon as the year 2020. The Highland Springs Interchange is in need of improvements to operate efficiently and handle the additional traffic from pending development that is sure to ensue. The PSR will provide a more detailed analysis of the Highland Springs Interchange Project and allow movement of the project into the next phase, the project approval and environmental document (PA&ED). Fiscal Impact: WRCOG has allocated $2 million for the preparation of the PSR for the Highland Springs Avenue Interchange Project. These funds are anticipated to fully cover the estimated cost of $600,000 for the preparation of the PSR. Recommendation: Approve the Cooperative Agreement between Riverside County Transportation Commission, City of Banning, and City of Beaumont for the Preparation of the Highland Springs Interchange Project Study Report. City Manager Review: Todd Parton City Manager Agenda Item No. 6. Page 188 of 236 Attachments: Cooperative Agreement Agenda Item No. 6. Page 189 of 236 Page 190 of 236 20323.00004\32111671.1 2307022 Agreement No. 20-31-008-00 COOPERATIVE AGREEMENT BETWEEN RIVERSIDE COUNTY TRANSPORTATION COMMISSION, CITY OF BANNING AND CITY OF BEAUMONT FOR THE PREPARATION OF THE HIGHLAND SPRINGS INTERCHANGE PROJECT STUDY REPORT 1. Parties and Date. This Agreement is made and entered into this ____ day of ______________, 2019, by and between the Riverside County Transportation Commission (RCTC), City of Banning (Banning) and City of Beaumont (Beaumont) 2. Recitals. 2.1 The Western Riverside Council of Governments (WRCOG) has allocated $2 Million for the preparation of a Project Study Report (PSR) for the Highland Springs Interchange (The Project). 2.2 WRCOG and RCTC have entered in a Funding Agreement allocating said $2 Million to the RCTC for the preparation of a PSR for the Project. 2.3 The Project is located adjacent to and within the jurisdictional boundaries of the Cities of Banning and Beaumont, and may require improvements to streets within each respective city. 2.4 The Cities of Banning and Beaumont have requested that RCTC be the lead agencies for the preparation of the PSR for the Project. 2.5 RCTC has agreed to act as the lead agency for the preparation of the PSR for the Project. 3. Terms. 3.1 Preparation of PSR for Highland Spring Interchange Project. A. RCTC shall prepare a PSR for the Highland Spring Interchange Project solely using funds allocated by WRCOG. RCTC shall be the lead agency for the preparation of the PSR. The Parties agree that RCTC shall not have any obligation to fund the preparation of the PSR using its own funds. In the case that additional funds are needed to complete the PSR, the source of funding for the PSR needed beyond the funding described in Section 2.2 or any other phases of the Project, or construction of any portion or all of the Project, shall be by separate agreement(s). Agenda Item No. 6. Page 191 of 236 20323.00004\32111671.1 2307022 B. RCTC shall complete preparation of the PSR within the Term of this Agreement, as provided in Section 3.2, unless extended by mutual agreement of the Parties. 3.2 Term of Agreement. The term of this Cooperative Agreement shall extend from the Effective date (as set forth above) and will remain in effect through __________, 2020, or until written agreement by the Parties that the Project has been completed, unless earlier terminated as provided in this Cooperative Agreement. 3.3 Use of PSR. The Parties understand and agree that the PSR, upon completion, may be used by Beaumont, Banning and/or Caltrans for completion of other phases of the Project. 3.4 Cooperation. RCTC, Banning and Beaumont agree to cooperate in the development of the PSR for the Project and the implementation of this Cooperative Agreement. 3.5 Reporting. RCTC shall, in a timely manner, provide milestone reports to Banning and Beaumont, detailing the progress of preparation of the PSR. 3.6 Mutual Indemnification. A. RCTC shall, at its sole cost and expense, indemnify, defend and hold Banning and Beaumont, and their respective city councils, elected and appointed officials, officers, employees, agents, those Banning or Beaumont agents serving as independent contractors in the role of Banning or Beaumont officials, consultants and contractors, and each of them, free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, judgments, penalties, damages or injuries, in law or in equity, to property or persons, including wrongful death, whether actual, alleged or threatened, which arise in any manner out of, pertain to, or relate to, in whole or in part, to any negligent acts, omissions or breach of law, recklessness, or willful misconduct of RCTC, its board, directors, officials, officers, employees, agents, consultants or contractors in the performance of RCTC’s obligations under this Cooperative Agreement, including but expressly not limited to fees of accountants or other professionals, and all costs associated therewith, and the payment of all reasonable attorneys’ fees and costs. B. Beaumont shall, at its sole cost and expense, indemnify, defend and hold RCTC and Banning, and their respective directors, board, city council, elected or appointed officials, officers, employees, agents, those RCTC or Banning agents serving as independent contractors in the role of Banning or RCTC officials, consultants and contractors, and each of them, free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, judgments, penalties, damages or injuries, in law or in equity, to property or persons, including wrongful death, whether actual, alleged or threatened, which in any manner arise out of, pertain to, or relate to, in whole or in part, to any negligent acts, omissions or breach of law, recklessness, or willful misconduct of Beaumont, its city council, elected or appointed officials, officers, employees, agents, those Beaumont agents serving as independent contractors in the Agenda Item No. 6. Page 192 of 236 20323.00004\32111671.1 2307022 role of Beaumont officials, consultants or contractors in the performance of Beaumont obligations under this Cooperative Agreement, including but expressly not limited to fees of accountants or other professionals, and all costs associated therewith, and the payment of all reasonable attorneys’ fees and costs. C. Banning shall, at its sole cost and expense, indemnify, defend and hold RCTC and Beaumont, and their respective directors, board, city council, elected or appointed officials, officers, employees, agents, those RCTC or Beaumont agents serving as independent contractors in the role of RCTC or Beaumont officials, consultants and contractors, and each of them, free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, judgments, penalties, damages or injuries, in law or in equity, to property or persons, including wrongful death, whether actual, alleged, or threatened, which in any manner arise out of, pertain to, or relate to, in whole or in part, to any negligent acts, omissions or breach of law, recklessness, or willful misconduct of Banning, its city council, elected or appointed officials, officers, employees, agents, those Banning agents serving as independent contractors in the role of Banning officials, consultants or contractors in the performance of Beaumont obligations under this Cooperative Agreement, including but expressly not limited to fees of accountants or other professionals, and all costs associated therewith, and the payment of all reasonable attorneys’ fees and costs. 3.7 Amendments. The terms and conditions of this Cooperative Agreement shall not be altered or modified at any time except by a written amendment executed by the mutual consent of the Parties by an instrument in writing. 3.8 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of either Party shall be deemed to waive or render unnecessary such Party’s consent to or approval of any subsequent act of the other Party. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Cooperative Agreement. 3.9 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Cooperative Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Funding Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 3.10 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Cooperative Agreement, shall survive any such expiration or termination. 3.11 Third Party Beneficiaries. There are no third-party beneficiaries to this Cooperative Agreement. Agenda Item No. 6. Page 193 of 236 20323.00004\32111671.1 2307022 3.12 Termination. Any Party may terminate this Cooperative Agreement by giving thirty (30) days written notice thereof. 3.13 Assignment or Transfer. The Parties shall not assign, hypothecate, or transfer, either directly or by operation of law, this Cooperative Agreement or any interest herein without the prior written consent of the other Parties. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.14 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation 3.15 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice: To RCTC: Riverside County Transportation Commission 4080 Lemon Street, Third Floor P.O. Box 12008 Riverside, CA 92502-2208 Attention: Executive Director Copy to: Best, Best & Krieger, LLP 3390 University Ave. 5fl. Riverside, CA 92501 Attention: Steven C. DeBaun To Banning: City of Banning 99 E. Ramsey Street Banning, California 92220 Attention: City Manager Copy to: Richards, Watson & Gershon 333 South Grand Avenue 40th Floor Los Angeles, California 90071-3101 Attention: Kevin Ennis, City Attorney To Beaumont: City of Beaumont 99 E. Ramsey Street Beaumont, California 92220 Attention: City Manager Copy to: Slovak Baron Empey Murphy & Pinkney LLP 1800 E. Tahquitz Canyon Way Palm Springs, California 92262 Agenda Item No. 6. Page 194 of 236 20323.00004\32111671.1 2307022 Attention: John O. Pinkney Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail. 3.16 Time of Performance. Time is of the essence in the performance of this Agreement. 3.17 Governing Law. This Agreement is in all respects governed by California law and venue for any dispute shall be in Riverside County. 3.18 Insurance. The Parties each verify that they are self-insured or maintain insurance coverage through a Joint Powers Authority in reasonable and customary amounts for their respective operations. 3.19 Authority to Enter into Agreement. Each Party warrants that the individuals who have signed this Cooperative Agreement have the legal power, right and authority to make this Cooperative Agreement and bind each respective Party. 3.20 Counterparts. This Cooperative Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. 3.21 Entire Agreement. This Cooperative Agreement contains the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior negotiations, agreements or understandings. IN WITNESS WHEREOF, the parties hereto have executed this Cooperative Agreement on the date first herein above written. [Signatures on following page] Agenda Item No. 6. Page 195 of 236 20323.00004\32111671.1 2307022 SIGNATURE PAGE TO HIGHLAND SPRINGS PROJECT STUDY REPORT COOPERATIVE AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the Effective Date. RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: _________________________ Anne Mayer, Executive Director CITY OF BANNING By: __________________________ Title: ________________________ APPROVED AS TO FORM: By: _________________________ Best Best & Krieger LLP Counsel to the Riverside County Transportation Commission APPROVED AS TO FORM: By: __________________________ Title: ________________________ ATTEST: By: __________________________ Title: ________________________ Agenda Item No. 6. Page 196 of 236 20323.00004\32111671.1 2307022 CITY OF BEAUMONT By: _________________________ Title: ________________________ APPROVED AS TO FORM: By: _________________________ Title: ________________________ ATTEST: By: _________________________ Title: ________________________ Agenda Item No. 6. Page 197 of 236 Page 198 of 236 Staff Report TO: Mayor and City Council Members FROM:Kari Mendoza, Administrative Services Director DATE:September 17, 2019 SUBJECT:Authorize Employment Contract with Finance Director Background and Analysis: The Finance Director position has been vacant since June 2019. Staff conducted a nationwide search to locate the appropriate qualified candidate. Numerous interview panels were convened and the recruitment process is complete, Jeffrey Mohlenkamp has been selected. He has over twenty years of experience in finance, auditing and budgeting including prior CPA certification at both state and local government levels. He holds a Bachelor of Science in Management with a Minor in Accounting from University of Nevada Reno. The City Manager negotiated the terms and conditions and the City Attorney drafted the employment contract. Attached is the employment contract and job description for your review. Fiscal Impact: Contract provides for an annual fully loaded fiscal impact of $215,783 to be paid out of the Finance Department Budget 1225 personnel cost account. Recommendation: Approve the Employment Contract with Jeffrey Mohlenkamp and authorize the City Manager to sign the agreement. City Manager Review: Todd Parton Agenda Item No. 7. Page 199 of 236 City Manager Attachments: Draft Employment Agreement Mohlenkamp 2019 Finance Director Job Desc Agenda Item No. 7. Page 200 of 236 1 FINANCE DIRECTOR EMPLOYMENT AGREEMENT This FINANCE DIRECTOR EMPLOYMENT AGREEMENT (hereinafter referred to as the “AGREEMENT”) is entered into and made effective the day of _____________ 2019, by and between the CITY OF BEAUMONT, (hereinafter referred to as the “CITY”), and Jeffrey Mohlenkamp, an individual (hereinafter referred to as “EMPLOYEE”). For purposes of this AGREEMENT, CITY and EMPLOYEE may be collectively referred to as the “Parties” or individually as a “Party.” RECITALS FINANCE DIRECTOR WHEREAS , based on EMPLOYEE’s executive and administrative qualifications and ability, the CITY MANAGER desires to appoint EMPLOYEE to serve as the FINANCE DIRECTOR for CITY; and WHEREAS, EMPLOYEE desires to perform and assume responsibility for the provision of FINANCE DIRECTOR services to CITY; and WHEREAS, EMPLOYEE and CITY acknowledge and agree that this Agreement is not covered by and shall supersede the Memorandum of Understanding between City of Beaumont and Managers as Individuals Effective January 1, 2016 (“Managers Group MOU”); and WHEREAS, the Parties wish to establish the terms and conditions of EMPLOYEE’s provision of professional services to CITY through this AGREEMENT. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, CITY and EMPLOYEE hereby agree as follows: 1. POSITION, DUTIES AND TERM. 1.1 Incorporation of Recitals. The above recitals are incorporated herein and made a part of this Agreement. 1.2 Position. EMPLOYEE accepts employment with CITY as its FINANCE DIRECTOR and shall perform all functions, duties and services set forth in Section 1.5 (Duties) of this Agreement. 1.3 Effective Date of Agreement/Term. This Agreement is for an unspecified term and is subject to the “At-Will” provision in Section 1.4 and termination provision in Section 4. 1.4 Employment with CITY “At-Will”. (a) EMPLOYEE’s employment status with CITY shall be at-will and terminable with or without cause, at the CITY’S unilateral discretion. EMPLOYEE shall serve at Agenda Item No. 7. Page 201 of 236 2 the pleasure of the City Manager. EMPLOYEE acknowledges, understands and agrees that EMPLOYEE may not avail himself/herself of any procedures, provisions or protections set forth under CITY’s Employment Policies, as defined herein, in so far as such procedures, provisions or protections limit, restrict, modify, prohibit or regulate EMPLOYEE’s status as an “at-will” employee of CITY or the ability of the City Manager to terminate EMPLOYEE’s employment at any time for cause or for convenience and without cause. For purposes of this Agreement, the capitalized term “Employment Policies” means and refers to any ordinance, resolution, regulation, rule, memorandum of understanding, or other written policy of CITY as the same may be amended, modified or supplemented from time-to-time, and any written employment manual of the CITY which governs, regulates or otherwise relates to employment with CITY. CITY’s Employment Policies shall not apply to EMPLOYEE in so far as such Employment Policies limit, restrict, modify or regulate (or may be interpreted to limit, restrict, modify or regulate) EMPLOYEE’s status as an “at-will” employee of CITY. EMPLOYEE shall otherwise comply will all Employment Policies established by the CITY. (b) Except as otherwise provided under Section 4 (Termination) of this Agreement, EMPLOYEE shall not be entitled to any pre-termination hearing or other similar proceeding or appeal proceeding as a precondition to any decision or action by the City Manager to terminate EMPLOYEE’s employment whether for cause or for convenience and without cause. EMPLOYEE shall also not be entitled to any post-termination appeal proceedings. (c) Nothing in this Agreement shall confer upon EMPLOYEE any right to any property interest in continued employment with CITY. 1.5 Duties. EMPLOYEE shall serve as the FINANCE DIRECTOR and shall be vested with the powers, duties and responsibilities of the FINANCE DIRECTOR as set forth in the Beaumont Municipal Code, as the same may be amended or modified from time-to-time by the City Council, the California Code, and CITY’s policies and procedures approved by the City Council, as may be provided from time to time. EMPLOYEE’s performance of EMPLOYEE's duties shall be subject to the direction of the City Manager. It is the intent of the Parties that the FINANCE DIRECTOR keeps the City Manager fully informed of all significant operations or major undertakings of the Department. EMPLOYEE shall provide the City Manager with regular status reports on the operations and activities of EMPLOYEE’S Department. EMPLOYEE shall perform such duties as are customary and appropriate to the position of FINANCE DIRECTOR as well as such special duties as may be assigned to FINANCE DIRECTOR from time to time by the City Manager. Notwithstanding EMPLOYEE’s duties as FINANCE DIRECTOR, nothing in this Agreement shall be construed to prohibit direct communications between the City Manager and employees within EMPLOYEE’S Department. EMPLOYEE shall attend all City Council meetings, unless excused or directed otherwise by the City Manager. 1.6 Work Hours. The position of FINANCE DIRECTOR is an exempt position under state and federal wage and hour laws. EMPLOYEE’s compensation (whether salary or benefits or other allowances) is not based on hours worked. EMPLOYEE shall not be entitled to any compensation for overtime, missed meal or rest periods, reporting time, or any other wage and hour benefits conferred upon non-exempt employees under state or federal wage and hour laws, including regulations propounded in applicable Industrial Welfare Orders. EMPLOYEE is Agenda Item No. 7. Page 202 of 236 3 expected to engage in those hours of work that are necessary to fulfill the obligations of the FINANCE DIRECTOR’s position. The FINANCE DIRECTOR does not have set hours of work as the FINANCE DIRECTOR is expected to be available at all reasonable and relevant times. 1.7 Regional and Professional Activities. CITY desires that EMPLOYEE be reasonably active in professional organizations that will promote the standing of CITY and advance CITY’s goals, interests and policy objectives while also providing EMPLOYEE with opportunities for the type of professional development that will enhance EMPLOYEE’S ability to serve CITY and perform EMPLOYEE’S duties as FINANCE DIRECTOR. Toward this end, EMPLOYEE may, upon reasonable notice and approval by the FINANCE DIRECTOR, join professional organizations and participate in the activities of such organizations in so far as such participation promotes the interests of CITY and does not unduly interfere with the performance of EMPLOYEE’s duties as FINANCE DIRECTOR. CITY agrees to budget and, consistent with that budget, pay for the dues, conference and travel fees, and subscriptions of the FINANCE DIRECTOR necessary for EMPLOYEE’S participation in national, statewide, regional or professional organizations. 1.8 Non-CITY Activities. In accordance with Government Code Section 1126, during the period of EMPLOYEE’S employment, EMPLOYEE shall not accept, without the express prior written consent of the City Manager, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity (except as permitted under Section 1.7 (Regional and Professional Activity), whether or not to pecuniary advantage, that is or may be competitive with CITY, that might cause a conflict of interest with CITY, or that otherwise might interfere with the business or operation of CITY or the satisfactory performance of EMPLOYEE’s duties as FINANCE DIRECTOR. 1.9 Restriction on Outside Business Activities. During his employment, EMPLOYEE shall devote his full business time, energy, and ability exclusively to the business and interests of CITY, and shall not, without prior written consent of City Manager, render services to others of any kind for compensation, or engage in other business activity that would materially interfere with the performance of EMPLOYEE’S duties under this Agreement, except that: (a) The expenditure of reasonable amounts of time, not in conflict with the CITY’S needs and interests, for educational, charitable, community, and professional activities, shall not be deemed a breach of this Section 1.9 and shall not require prior consent; and (b) This Agreement shall not be interpreted to prohibit EMPLOYEE from making passive, personal investments or conducting private affairs in those activities that do not materially interfere with the EMPLOYEE’S duties under this Agreement or create or result in conflicts of interests with CITY. 2. COMPENSATION AND BENEFITS AND REIMBURSEMENTS. 2.1 Base Salary. Commencing on the date EMPLOYEE commences full time work with the CITY, EMPLOYEE shall receive a base annual salary of one hundred seventy one thousand seventeen and sixty four ($171,017.64) per year, (hereinafter, the “Base Salary”). The Parties understand and agree that the amount of the Base Salary, as preliminarily established for Agenda Item No. 7. Page 203 of 236 4 the year 2019, may be adjusted from time-to-time by the CITY MANAGER following a performance evaluation, as provided for in Section 2.2 (below). In no event shall EMPLOYEE’s base salary adjust automatically pursuant to any mechanism, and in no event shall EMPLOYEE’s base salary exceed the maximum amount approved by the City Council, including in the CITY ’s Salary Chart or any other salary table or other document that may be adopted by the City Council in the future. The Base Salary shall be payable in monthly or bi-weekly installments at the same time and in the same manner as other management employees of CITY. EMPLOYEE’s salary shall be subject to customary withholding for taxes and other required deductions. 2.2 Performance Review. On or before the anniversary date of execution of this Agreement, the City Manager will undertake a job performance review of EMPLOYEE. In connection with such performance review, the City Manager may consider any adjustments in EMPLOYEE’s compensation consistent with the CITY ’s Salary Chart. The failure of CITY to undertake a performance evaluation shall not limit CITY’s ability to terminate this Agreement pursuant to Section 4 (Termination). 2.3 Benefits. In addition to Base Salary, CITY shall also provide EMPLOYEE with the following benefits: (a) Cafeteria Plan, Dependent Care Flexible Spending Account, Life and Short Term Disability Insurance, Vacation Accrual, Sick Leave, Public Employees Retirement System (PERS) Eligibility, and Reimbursements. EMPLOYEE shall be provided with these benefits to the same extent as those benefits are provided to the members of the Non-represented Managers Group, whether as described in the Managers Group MOU referred to in the Recitals or in the City’s Employment Policies, whichever is applicable, as those document may be modified or amended from time to time. 2.4 Vehicle Allowance. EMPLOYEE shall be provided, during the term of this Agreement and in addition to other salary and benefits herein provided, the sum of one hundred seventy five dollars ($175.00) a month, as a vehicle allowance to be used to purchase, lease or own, operate and maintain a vehicle. EMPLOYEE shall be responsible for paying for liability, property damage and comprehensive insurance coverage upon such vehicle and shall further be responsible for all expenses attendant to the purchase, operation, maintenance, repair and regular replacement of said vehicle 2.5 Jury Duty. EMPLOYEE will receive Base Salary and benefits while responding to a jury summons or serving on a jury. Any compensation for such jury duty (except travel pay) shall be remitted to CITY. 2.6 Business Related Equipment. CITY shall also provide EMPLOYEE a smart phone and personal computer (at work) for use in connection with CITY business. CITY shall be responsible for maintenance of said items. 2.7 Participation in Additional CITY Programs. EMPLOYEE shall be eligible to participate in any other CITY programs/employment benefits to the extent they are offered to Agenda Item No. 7. Page 204 of 236 5 non-represented CITY management employees, including but not limited to, the bilingual program or deferred compensation plan. 2.8 Administrative/Personal Leave. EMPLOYEE shall be allocated a maximum of forty (40) hours of administrative/personal leave on July 1st of each CITY fiscal year. The maximum amount of administrative/personal leave that EMPLOYEE may accrue at any given time may not exceed eighty (80) hours total. EMPLOYEE may request payment of up to forty (40) hours banked administrative leave pay, to be paid by separate check, per calendar year. Requests for payment of banked administrative leave pay should be submitted in accordance with the procedure stated in the Managers Group MOU. 3. ILLNESS OR INJURY; DISABILITY AND DEATH. 3.1 Cessation of Work Due to Injury or Disability. In addition to any right of termination set forth under Section 1.3 (Employment With CITY “At-Will”), above, CITY also reserves the right to terminate EMPLOYEE’s employment along with this Agreement if EMPLOYEE ceases to work as a result of injury or disability which results in Employee being unable to perform the essential duties of the FINANCE DIRECTOR position, with or without accommodation, for a period of six (6) consecutive months or more, as documented by a healthcare provider. The foregoing notwithstanding, CITY may terminate EMPLOYEE if, in the CITY’S unilateral discretion, the disability poses a direct threat to the safety of CITY, EMPLOYEE or any other employees working for CITY and any reasonable accommodation attempted by CITY would not mitigate or eliminate such a threat. CITY will not provide a severance payment if EMPLOYEE is terminated under this Section of this Agreement. 3.2 Compensation for Work-Related Illness or Injury. In the event EMPLOYEE suffers a physical or mental illness or disability arising out of the course of employment, EMPLOYEE’s exclusive remedy or remedies against CITY for such illness, injury or disability shall be those legally allowed under the workers’ compensation laws of the State of California. The Parties further agree that the California Workers Compensation Appeals Board shall be the exclusive venue for any claim of physical or mental illness or disability arising out of the course of EMPLOYEE’S employment with the CITY. 3.3 Medical Examination. EMPLOYEE agrees to submit to a medical and/or psychological examination by a qualified physician or psychiatrist selected by CITY, in the event the CITY determines a medical and/or psychological examination is needed to make a decision under Sections 3.1 through 3.2. CITY and EMPLOYEE shall receive a copy of all medical reports related to the examination. 3.4 Death of Employee. This Agreement along with EMPLOYEE’s employment shall terminate automatically upon EMPLOYEE’s death. 3.5 Compensation Upon Termination. Except as otherwise provided under this Agreement, if EMPLOYEE’s employment is terminated pursuant to this Section 3 (Illness or Injury; Disability and Death), CITY shall pay EMPLOYEE all Base Salary, benefits, and compensation due and owing EMPLOYEE through the last day actually worked. If termination is caused by EMPLOYEE’s death, CITY shall provide the compensation and benefits otherwise due EMPLOYEE to EMPLOYEE’s executor, administrator, heirs, personal representatives, Agenda Item No. 7. Page 205 of 236 6 successors, and assigns. CITY will not provide for severance pay if EMPLOYEE is terminated under the provisions of Section 3.1 through 3.5, above. 4. TERMINATION. 4 .1 Termination b y CITY f or Convenience and Without Cause. CITY may terminate EMPLOYEE at any time for convenience and without cause, by providing EMPLOYEE with the applicable “severance payment” provided for below. The “severance payment” shall be an amount equal to six (6) months, less any and all applicable or legally required deductions. EMPLOYEE shall also receive all applicable accrued vacation and/or sick leave and administrative/personal leave as provided herein together with any extension of benefits required under California law. The foregoing notwithstanding, in no event shall the “severance payment” include the payment of any sums prohibited pursuant to Government Code Section 53260-53264, and any such sums shall be deducted from the “severance payment.” 4.2 Termination by Employee. EMPLOYEE may terminate EMPLOYEE’S employment for any reason, and at any time, with or without cause, by providing CITY with no less than thirty (30) days prior written notice. In such event, CITY shall have the option, in its complete discretion, to make EMPLOYEE’s termination effective upon any date preceding the 30-day notice period, provided CITY pays EMPLOYEE all compensation due and owing EMPLOYEE through the last day actually worked, plus an amount equal to the Base Salary EMPLOYEE would have earned through the balance of the thirty (30) day notice period. EMPLOYEE shall not receive a “severance payment” in the event EMPLOYEE terminates his/her employment with CITY pursuant to this Section 4.2. 4.3 Termination for Cause by CITY. CITY may immediately terminate EMPLOYEE’s employment with CITY and this Agreement at any time by providing EMPLOYEE written notice of EMPLOYEE’S termination for cause and the reason(s) for the termination, and an opportunity for a discussion with the City Manager or the City Manager’s designee. In the event the City Manager and EMPLOYEE are unable to resolve any disagreement regarding the cause for EMPLOYEE’S termination, the Parties agree to arbitration as provided in Section 6. No “severance payment” shall be paid in the event EMPLOYEE’s employment is terminated for cause, except that CITY shall pay EMPLOYEE for EMPLOYEE’S accrued and unused vacation, sick and administrative leave, as provided for in this Agreement. The term “cause” shall be defined to include any misconduct materially related to performance of official duti es, including but not be limited to any of the following: 1) breach of this AGREEMENT, 2) willful or persistent breach of duties, 3) resume fraud or other acts of material dishonesty, 4) unauthorized ab senc e or leave not otherwise supported by valid documentation from a healthcare provider, 5) conviction of a misdem eanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality), conviction of a misdemeanor DUI, or conviction of a felony under California law (the CITY may, in its discretion, place EMPLOYEE on paid or unpaid administrative leave until resolution of charges brought against EMPLO YEE), 6) violation of the CITY’s anti -h arassment policies and/or a finding that legally prohibited personal acts of harassment, discrimination, and/or retaliation against a CITY official, CITY employee, or any individual protected by state or federal laws prohibiting harassment, discrimination, and/or Agenda Item No. 7. Page 206 of 236 7 retaliation, 7) violation of the CITY ’s Municipal Code, ordinances , rules or re gu l ations, including but not limited to th e CITY ’s Rules and Regulation s and Administrativ e Policies, 8) use or possession of illegal drugs, 9) engaging in conduct tending to bring embarrassment or disrepute to the CITY, 10) any illegal or unethical act involving personal gain, 11) pattern of repeated, willful and intentional failure to carry out materially significant and legally consti tuted directions or policy decisions of the City Council or FINANCE DIRECTOR, and 12) gross misfeasance or gross malfeasance. If the CITY terminates for cause this AGREEMENT and the services of EMPLOYEE hereunder, EMPLOYEE shall not be entitled to assume any further position or employment with the CITY. 4.4 Termination Obligation. EMPLOYEE agrees that all property, including without limitation, all equipment, tangible, Proprietary Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by EMPLOYEE incident to EMPLOYEE’S employment are the property of CITY and shall be returned promptly to CITY upon termination of EMPLOYEE’s employment. EMPLOYEE’s obligations under this subsection shall survive the termination of EMPLOYEE’S employment and the expiration or early termination of this Agreement. 4.5 Benefits Upon Termination. All benefits to which EMPLOYEE is entitled under this Agreement shall cease upon EMPLOYEE’s termination in accordance with this Section 4 (Termination), unless expressly continued under this Agreement, under any specific written policy or benefit plan applicable to EMPLOYEE, under any other agreement for the continued provision of benefits, or unless otherwise required by law. 5. CONFLICT OF INTEREST. 5.1 EMPLOYEE shall not, during the term of this Agreement, individually, as a partner, joint venture, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of CITY, except for stock ownership in any company whose capital stock is publicly held and regularly traded, without prior approval of the City Manager and City Council. EMPLOYEE shall also be subject to the conflict of interest provisions of the Government Code of the State of California, the CITY’s Municipal Code, and any other conflict of interest regulations applicable to EMPLOYEE’s employment with CITY. For and during the Term of this Agreement and any extension term, EMPLOYEE further agrees that except for a personal residence or residential property acquired or held for- future use as EMPLOYEE’S personal residence, EMPLOYEE will not invest in any other real estate or property improvements within the corporate limits of CITY without the prior consent of the City Manager and City Council. 6. ARBITRATION OF DISPUTES. This arbitration provision does not apply to any claim, dispute, or controversy that in any way concerns the CITY’S right under this Agreement to terminate EMPLOYEE for convenience and/or without cause including, but not limited to, CITY’S exercise of its rights under Section 1.4(a) and Section 4.1 above. Agenda Item No. 7. Page 207 of 236 8 Any claim, dispute, or controversy which would otherwise require or allow resort to any court or other governmental dispute resolution forum between EMPLOYEE and CITY arising from, related to, or having any relationship or connection whatsoever with Employees employment or the terms of this Agreement, whether based on tort, contract, statutory, or equitable law, or otherwise, shall be submitted to and determined exclusively by binding arbitration under the Federal Arbitration Act, in conformity with the procedures of the California Arbitration Act (Cal. Code Civ. Proc. sec 1280 et seq.), including section 1283.05 and all of the Acts other mandatory and permissive rights to discovery); provided, however, that: in addition to requirements imposed by law, any arbitrator herein shall be a retired California Superior Court Judge and shall be subject to disqualification on the same grounds as would apply to a judge of such court. If for any reason the Parties cannot agree to an arbitrator, either Party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator. The court shall then appoint an arbitrator, who shall act under this agreement with the same force and effect as if the Parties had selected the arbitrator by mutual agreement. The arbitrator shall then prescribe the rules and procedures for the arbitration process in accordance with laws that are applicable to the claim being raised. EMPLOYEE understands that by agreeing to this binding arbitration provision, both CITY and EMPLOYEE give up their right to a trial by jury. 7. GENERAL PROVISIONS. 7.1 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to CITY at the address below or at the last known address maintained in EMPLOYEE personnel file. EMPLOYEE agrees to notify CITY in writing of any change in EMPLOYEE’S address during EMPLOYEE’S employment with CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section. CITY’s Notice Address: City of Beaumont 550 East Sixth Street Beaumont, CA 92223 FINANCE DIRECTOR’s Notice Address: Jeffrey Mohlenkamp (Last listed address in employee’s personnel file) 7.2 Bonding. CITY shall bear the full cost of any fidelity or other bonds required of the FINANCE DIRECTOR under any laws or ordinance. Agenda Item No. 7. Page 208 of 236 9 7.3 Entire Agreement. This Agreement is intended to be the final, complete, and exclusive statement of the terms of EMPLOYEE’s employment by CITY. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of EMPLOYEE, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of CITY, now or in the future, apply to EMPLOYEE and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control. However, as noted in Section 2.7 above, EMPLOYEE shall be eligible to participate in any other CITY programs/employment benefits to the extent they are offered to non-represented CITY employees. 7.4 Amendments. Except as otherwise provided herein, this Agreement may not be amended except in a written document signed by EMPLOYEE, approved by the City Manager and signed by the City Attorney. 7.5 Waiver. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. 7.6 Assignment. EMPLOYEE shall not assign any rights or obligations under this Agreement. CITY may, upon prior written notice to EMPLOYEE, assign its rights and obligations hereunder. 7.7 Severability. If any court of competent jurisdiction holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect. 7.8 Governing Law. This Agreement is entered into and is to be performed in Riverside County, California and shall be governed by and construed in accordance with the controlling laws of the State of California or federal law, whichever is applicable, and the Parties agree that venue shall be in Riverside County, California. 7.9 Interpretation. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit or against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. 7.10 Statutory Obligations; Abuse of Office or Position. Pursuant to California Government Code Sections 53243, 53243.1 and 53243.2, which became effective on January 1, 2012, if EMPLOYEE is convicted of a crime involving an abuse of EMPLOYEE’S office or position, all of the following shall apply: (1) if EMPLOYEE is provided with an administrative leave pay pending an investigation, EMPLOYEE shall be required to fully reimburse such amounts paid by CITY; (2) if CITY pays for the criminal legal defense of EMPLOYEE (which would be in its sole discretion, as CITY is generally not obligated to pay for a criminal defense), EMPLOYEE shall be required to fully reimburse such amounts paid by CITY; and (3) if this Agreement is terminated, any cash settlement related to the termination of EMPLOYEE by CITY, Agenda Item No. 7. Page 209 of 236 10 said amount shall be fully reimbursed to CITY or shall be void if not yet paid to EMPLOYEE. For this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under the color of authority; or (2) a crime against public justice, including a crime described in Title 7 commencing with section 92 of the California Penal Code. 7.11 Incorporation of Recitals. The Parties repeat and incorporate the recitals set forth above as if fully set forth herein. 7.12 Acknowledgment. EMPLOYEE acknowledges that EMPLOYEE has had the opportunity to consult legal counsel in regard to this Agreement, that EMPLOYEE has read and understands this Agreement, that EMPLOYEE is fully aware of its legal effect, and that EMPLOYEE has entered into it freely and voluntarily and based on EMPLOYEE’S own judgment and not on any representations or promises other than those contained in this Agreement. “CITY” CITY OF BEAUMONT By:________________________ Todd Parton, City Manager “EMPLOYEE” Jeffrey Mohlenkamp ________________________ ATTEST: By:________________________ Steve Mehlman, City Clerk Agenda Item No. 7. Page 210 of 236 Exhibit “A” FINANCE DIRECTOR EMPLOYMENT AGREEMENT Exhibit “A” Job Description Agenda Item No. 7. Page 211 of 236 Page 212 of 236 CITY OF BEAUMONT CALIFORNIA invites applications for the position of: Finance Director SALARY: $11,412.00 - $14,608.00 Monthly $136,944.00 - $175,296.00 Annually DEPARTMENT: Finance and Budget OPENING DATE: 06/14/19 SUMMARY DESCRIPTION: Under general administrative direction, plans, manages, directs, and oversees the activities and operations of the Finance Department including finance, purchasing, the City budget, utility billing, revenue collection and data processing; coordinates assigned activities with other departments and outside agencies; prepares the City budget for review and evaluation; establishes efficient and effective departmental operations consistent with City Council policies and administrative guidelines established by the City Manager; participates as a member of the executive management team; and provides highly responsible and complex administrative support to the City Manager. REPRESENTATIVE DUTIES: 1. Assumes full management responsibility for all Finance Department services and activities including finance, purchasing, budgeting, investing, utility billing, revenue collection and data processing. 2. Manages the development and implementation of departmental goals, objectives, and priorities for each assigned service area; recommends and administers policies and procedures; ensures that activities are conducted in accordance with related laws, ordinances, rules and regulations. 3. Establishes, within City policy, appropriate service and staffing levels; monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; allocates resources accordingly. 4. Assesses and monitors work load, administrative and support systems, and internal reporting relationships; identifies opportunities for improvement; directs and implements changes. 5. Plans, directs, and coordinates, through subordinate level staff, the Finance Department's work plan; assigns projects and programmatic areas of responsibility; reviews and evaluates work methods and procedures; meets with key staff to identify and resolve problems. 6. Selects, trains, motivates, and evaluates assigned personnel; provides or coordinates staff training; works with employees to correct deficiencies; implements discipline and termination procedures. 7. Oversees and participates in the development and administration of the department budget; approves the forecast of funds needed for staffing, equipment, materials, and supplies; approves expenditures and implements budgetary adjustments as appropriate and necessary. 8. Directs the fiscal management of the City, including revenue forecasting, collection and disbursement of funds, accounting, financial reporting and auditing, and investment funds. 9. Conducts analytical research, audits, and or evaluation of City policies and procedures as they relate to fiscal policies; conducts studies, surveys or oversees the conduct of activities relating to the development of rates and changes for utilities, development impact fees and user fees. 10. Conducts studies, surveys, and other research on difficult and complex administrative and/or operational matters, analyzes data collected, evaluates alternatives and prepares recommendations and reports of findings. 11. Oversees, coordinates and monitors the City-wide budget process to include preparation of all documents; compiles and analyzes City operations and services budget requests and projections. Page 1 of 4Job Bulletin 9/12/2019http://agency.governmentjobs.com/beaumontca/default.cfm?action=jobbulletin&JobID=24... Agenda Item No. 7. Page 213 of 236 12. Facilitates and coordinates the City Council budget review process and related public hearings; oversees and coordinates the production of the final budget document and performs periodic budget review. 13. Prepares a variety of correspondence, reports, and proposed resolutions and ordinances. 14. Participates in the resolution of various administrative and policy issues related to the City's internal service operation and functions. 15. Initiates, directs, coordinates and participates in the conduct and successful completion of major, long term projects and studies with City-wide implications as assigned. 16. Provides staff assistance to the City Manager, City Council, Planning Commission, other boards and commissions, other department heads, and civic groups in matters involving planning, zoning, and enforcement; prepares and presents staff reports and other necessary correspondence. 17. Represents the Community Development Department to other departments, elected officials, and outside agencies; coordinates assigned activities with those of other departments and outside agencies and organizations. 18. Explains, justifies, and defends department programs, policies, and activities; negotiates and resolves sensitive and controversial issues. 19. Participates on a variety of boards, commissions, and committees. 20. Attends and participates in professional group meetings; maintains awareness of new trends and developments in the fields of planning, building, and economic development; incorporates new developments as appropriate. 21. Responds to requests for information from the public, City departments and outside agencies; responds to and resolves difficult and sensitive planning, zoning, building, environmental, and administrative policy questions. 22. Performs related duties, as assigned. QUALIFICATIONS: Knowledge of: Accepted principles, practices and techniques of municipal finance administration, fiscal management, revenue forecasting, accounting, financial reporting and auditing. Advanced principles and practices of program development and administration. Principles and practices of supervision and disciplinary processes. Data collection and analysis techniques. Municipal budgeting processes. Data processing systems/applications in a public agency. General office, records management and administrative practices and procedures. Methods and techniques of basic work supervision. Maintain confidentiality of information. Principles and practices of municipal budget preparation and administration. Computer systems related to maintaining municipal records. Pertinent federal, state, and local laws, codes, and regulations. Ability to: Manage and direct a comprehensive finance program. Develop and administer departmental goals, objectives, and procedures. Analyze and assess programs, policies, and operational needs and make appropriate adjustments. Identify and respond to sensitive community and organizational issues, concerns, and needs. Plan, organize, direct, and coordinate the work of lower level staff. Delegate authority and responsibility. Select, supervise, train, and evaluate staff. Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals. Research, analyze, and evaluate new service delivery methods and techniques. Collect, organize, analyze, and interpret information relating to finance programs. Prepare clear and concise administrative and financial reports. Prepare and administer large and complex budgets. Interpret and apply applicable federal, state, and local policies, laws, and regulations. Maintain confidentiality of records, files and documents. Communicate clearly and concisely, both orally and in writing. Page 2 of 4Job Bulletin 9/12/2019http://agency.governmentjobs.com/beaumontca/default.cfm?action=jobbulletin&JobID=24... Agenda Item No. 7. Page 214 of 236 Establish and maintain effective working relationships with those contacted in the course of work. EXPERIENCE, EDUCATION AND LICENSES: Education/Training: A Bachelor's Degree from an accredited college or university with major course work in finance, public or business administration or a related field. Experience: Eight years of progressively responsible administrative experience in the field of municipal finance. License or Certificate: Must possess a valid California Class C Driver's License and maintain possession of such license during the course of employment. Must have an acceptable driving record, be insurable at standard rates by City's insurance carrier, and maintain such insurability during the course of employment. PHYSICAL, MENTAL, AND ENVIRONMENTAL REQUIREMENTS:The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions: Must be found to be free from any physical, emotional or mental conditions, as determined by a qualified physician and/or psychologist, which with or without accommodation might affect the ability of the employee to perform essential job functions. The position may require prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting, and stooping in the performance of daily office activities. Additionally, the position requires grasping, repetitive hand movement, and fine coordination in retrieving and entering data using a computer keyboard. Near and far vision is required in order to read work related documents and use the computer. Acute hearing is required when providing phone and personal service. The position requires lifting, carrying, pushing, and/or pulling objects weighing up to 25 pounds. Incumbent must be willing to work shift work, including nights, weekends, and holidays. This classification is not intended to be all-inclusive. An employee may be required to perform other reasonable duties as assigned by management. The City reserves the right, with the concurrence of the department head, to revise or change classification duties and responsibilities as the need arises and as consistent with the meet and confer process. APPLICATIONS MAY BE FILED ONLINE AT: http://beaumontca.gov/ 550 E 6th Street Beaumont, CA 92223 9517698520 hr@beaumontca.gov Position #19-06 FINANCE DIRECTOR KM Finance Director Supplemental Questionnaire * 1. Do you have eight (8) years of governmental finance experience? Yes No Page 3 of 4Job Bulletin 9/12/2019http://agency.governmentjobs.com/beaumontca/default.cfm?action=jobbulletin&JobID=24... Agenda Item No. 7. Page 215 of 236 * 2. Do you have a Bachelor's Degree in Finance, Public or Business Administration? Yes No * 3. Do you have experience with community facility or special finance districts? Yes No * 4. Do you have bond finance experience to include bond ratings? Yes No * Required Question Page 4 of 4Job Bulletin 9/12/2019http://agency.governmentjobs.com/beaumontca/default.cfm?action=jobbulletin&JobID=24... Agenda Item No. 7. Page 216 of 236 S=Ex'AP ATTORNEYS BEAUMONT PROFESSIONAL SERVICES TI-IRU:8/31/2019 SLOVAK BARON EMPEY MURPHY &PINKNEY LLP By:Roxann M Votaw Sincerely, SBEMP,LLP Palm Springs,CA Indian Wells,CA Cota Mesa,CA San Diego,CA Princeton,NJ New York,NY T (760)322-2275 T (760)322-9240 T (714)435-9592 T (619)501-4540 T (609)955-3393 T (212)829- 4399www.shem .cum www.sbemp.com Agenda Item No. 8. Page 217 of 236 S=Ex'APm Agenda Item No. 8. Page 218 of 236 S=Ex'AF’ Agenda Item No. 8. Page 219 of 236 S=EIAP Agenda Item No. 8. Page 220 of 236 S=E?P Agenda Item No. 8. Page 221 of 236 S=E?P Agenda Item No. 8. Page 222 of 236 S-'-EDP Agenda Item No. 8. Page 223 of 236 S-'-EIAP 44...iv Agenda Item No. 8. Page 224 of 236 S=Es.'AP Agenda Item No. 8. Page 225 of 236 S=Ex'AP Agenda Item No. 8. Page 226 of 236 S=Ex'AP Agenda Item No. 8. Page 227 of 236 S=E?P Agenda Item No. 8. Page 228 of 236 S=E?P Agenda Item No. 8. Page 229 of 236 S=EIAP 1800 E Tahquitz Canyon Way Palm Springs,CA 92262 Fed.ID #33-0833010 Telephone 760-322-2275 Facsimile 760-322-2107 SEPTEMBER 5,2019 ATTORNEYS Agenda Item No. 8. Page 230 of 236 S=Ex'AP Agenda Item No. 8. Page 231 of 236 Page 232 of 236 M E M O R A N D U M To: City of Beaumont From: Townsend Public Affairs Date: September 12, 2019 Subject: Legislative Report for the City of Beaumont State Legislative Update The Legislature will adjourn and return to their respective districts on September 14. The Legislature now stands in recess until January 6, 2020. Below is a list of key upcoming deadlines in the Legislature: September 13 – Last day for each house to pass bills. Legislature adjourns for the 2019 session. October 13 – Last day for the Governor to sign or veto bills passed by the Legislature on or before September 13, 2019. January 6, 2020 – Legislature reconvenes for the second year of the 2019-2020 Legislative session. Use of Force SB 230 (Caballero) – Police Training On September 12, 2019, one month after signing AB 392 (Weber), the most sweeping police use of force legislation in the Country, Governor Newsom signed its companion bill SB 230. Senate Bill 230 mandates law enforcement agencies to rewrite their use-of-force policies to comply with legislation passed in August that directs law enforcement to use deadly force only when “necessary,” based on the totality of circumstances they encounter. Housing AB 1482 (Chiu) – Tenancy: Rent Caps This bill limits housing costs in California by placing a cap on annual rent increases at 7 percent plus inflation, up to a maximum of 10 percent, for specified housing that is over 10 years old. To prevent landlords from engaging in rent-gouging by evicting tenants, the bill also requires that a landlord have and state a just cause, as specified, for any eviction. Landlords with 10 or fewer rental properties are exempt. The bill sunsets after three years. AB 1482 was voted out of the Assembly on September 11, 2019. It is now in enrollment. Agenda Item No. 9. Page 233 of 236 AB 1483 (Grayson) – Housing Data This bill would require a city, county, or special district to maintain on its internet website, as applicable, a current schedule of fees, exactions, and affordability requirements imposed by thecity, county, or special district, including any dependent special district, applicable to a proposed housing development project, all zoning ordinances and development standards, and annual fee reports or annual financial reports. AB 1483 passed out of both the Senate and the Assembly and in now in enrollment. AB 1484 (Grayson) – Impact Fees This bill would require a local agency to demonstrate a nexus between the impact fees that are being charged to developers and a proposed development project. The intent of the bill is to address the state’s housing shortage. AB 1484 is in Senate Rules. There will be stakeholder meetings in the Fall to further discuss the language of the bill. SB 330 (Skinner) – Housing Crisis Act of 2019 SB 330 restricts the actions of cities and counties that would reduce the production of housing until January 1, 2025. This bill requires a city or county to approve a housing development project that complies with the minimum local general plan, zoning standards, and criteria that were in effect at the time the application was deemed to be complete. Cities and counties must approve it on the condition that the project be developed at a lower density, and to base its decision upon written findings supported by substantial evidence on the record that specified conditions exist and places the burden of proof on the local agency. The act requires a court to impose a fine on a local agency under certain circumstances and requires that the fine be at least $10,000 per housing unit in the housing development project on the date the application was deemed complete. It would also specify that an application is deemed complete if a preliminary application was submitted. SB 330 passed out of both the Senate and the Assembly and in now in enrollment. SB 592 (Wiener) – Housing Accountability Act SB 592 was recently gut and amended to become a housing related bill. Similar to SB 330 (Skinner), the bill prohibits a local agency from disapproving or conditioning approval in a way that deters a housing development project that complies with the local general plan, zoning, and subdivision standards. This bill would apply to any form of land use decision by a local agency, including a ministerial or use by right decision. SB 592 has been referred to the Assembly Rules Committee. Other Priority Legislation AB 516 (Chiu) – Authority to Remove Vehicles AB 516 modifies existing law that authorizes peace officers to tow vehicles that have been left parked for 72 hours or more. The bill requires officers to first place a notice on the vehicle for a Agenda Item No. 9. Page 234 of 236 minimum of 10 days prior to being towed and disallows officers from towing a vehicle that has five or more unpaid parking tickets. AB 516 was held in Senate Appropriations and is now a two-year bill. AB 849 (Bonta) – Elections, Local Redistricting AB 849 revises and standardizes the criteria and process to be used by counties and cities when they adjust the boundaries of the electoral districts that are used to elect members of the jurisdictions' governing bodies. Requires counties and cities to comply with substantial public hearing and outreach requirements as part of the process for adjusting the boundaries of electoral districts. Amendments have since reduced the number of required public hearings from six to four. AB 849 passed out of both the Senate and the Assembly and in now in enrollment. AB 1184 (Gloria) – Retention of public records: writing transmitted by electronic mail AB 1184 requires a public agency to retain and preserve for at least two years every writing containing information relating to the conduct of the public's business that is prepared, owned, or used by the public agency and transmitted by electronic mail, unless a statute or regulation requires a longer retention period. This bill would require public agencies to store innocuous, mundane, and duplicative information for a minimum of two years, resulting in higher digital storage needs. AB 1184 passed out of both the Senate and the Assembly and in now in enrollment. Federal Legislative Update Both chambers of Congress returned from their six-week recess on September 9, and Democrats are eager to tackle issues now center stage in the political sphere. Chief among issues that are not appropriations-related will be gun control legislation, which remains at the forefront of political debate nearly a month after the mass shootings in El Paso, Texas, and Dayton, Ohio. Democrats and some Republicans are using September as the first opportunity to develop legislative measures to respond to gun violence, particularly legislation to strengthen background checks and allow law enforcement authorities to confiscate weapons using state “red flag” laws. The other priority story this week is the Trump Administration policy regarding e cigarettes (via the FDA) is expected to be finalized in the coming weeks. Essentially, it’s enforcing rules already on the books but targeting/prioritizing flavored e-cigs. By way of background: an FDA rule became effective August 8, 2016 that said that all electronic nicotine delivery system (ENDS) products (which includes e-cigarettes) were expected to file premarket tobacco product applications with the FDA within two years (to bring them into similar compliance with traditional cigarettes). Basically, all ENDS products currently on the market are not being legally marketed and are now subject to government action. The compliance policy the FDA is going to finalize in the coming weeks will outline enforcement policy of this existing rule, in a way that will prioritize flavored over non-flavored e-cigarettes. I Agenda Item No. 9. Page 235 of 236 expect there will be additional details of how they will address flavored e-cigarettes should the manufacturers come into compliance with the August 2016 FDA rule, but they have not made those public yet. Additionally, there is likely to be some lag between plan announcement and full implementation from an enforcement perspective (likely another few weeks or months). Things like flavored blunt wraps and other non-electronic nicotine/tobacco accessories would not be included in the new Administration actions. Some of the Administration plans are floated early on to take public temperature or whatnot, but since this is based on an existing rule, it is expected implementation will occur more quickly than if they had to implement new policy. Agenda Item No. 9. Page 236 of 236