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Home My Public Portal AboutCC Minutes 10.04.2022 CITY COUNCIL CLOSED & REGULAR SESSION 550 E. Sixth Street, Beaumont, CA Tuesday, October 04, 2022 Closed Session: 5:00 PM | Regular Meeting: 6:00 PM 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 MINUTES CLOSED SESSION - 5:00 PM 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 5:03 p.m. Present: Mayor White, Mayor Pro Tem Martinez, Council Member Fenn, Council Member Santos, Council Member Lara Public Comments Regarding Closed Session None 1. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8 Property: North and South Side of E. Fourth Street, East of Beaumont Avenue, Beaumont, CA 92223 Assessor Parcel Numbers:418-190-004 (a portion of), 418-190-005 (a portion of), 418- 190-006 and 007, 418-140-028 and 029 Agency Negotiator: City Manager or Her Designee. Negotiating Parties: City of Beaumont as Potential Seller and 5th Street Development, LLC and Basraon, LLC as Potential Buyer. Under Negotiation: Price and Terms of Payment. No reportable action. 2. Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1). One case: Western Riverside Council of Governments v. National Union Fire Insurance Association of Pittsburg (Case Number EDCV 20-2164- GW-KKx) No reportable action. 3. Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): In the Matter of the Appeal of Membership Determination of James J. Gregg & City of Beaumont, OAH No. 201807055.1 No reportable action. 4. Conference with Legal Counsel – Anticipated Litigation: Potential Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) - One Potential Case No reportable action. REGULAR SESSION - 6:00 PM CALL TO ORDER at 6:18p.m. Present: Mayor White, Mayor Pro Tem Martinez, Council Member Fenn, Council Member Santos, Council Member Lara Report out from Closed Session: see above Action on any Closed Session Items: None Action of any Requests for Excused Absence Pledge of Allegiance Adjustments to the Agenda: None Conflict of Interest Disclosure: None ANNOUNCEMENTS/ RECOGNITION / PROCLAMATIONS / CORRESPONDENCE Recognition of David Smith, a 17 year dedicated employee of the Beaumont Police Department. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA) M. Daniel - Expressed concerns of the Summit Station warehouse proposed project. (Mayor Lloyd White recused himself during the comments from M. Daniel) L. Swerdlow - Shared his candidate statement for SGMHD. 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. Approval of Minutes Recommended Action: Approve Minutes dated September 20, 2022. 2. Ratification of Warrants Recommended Action: Ratify Warrants dated: September 12, 2022 September 20, 2022 3. Accept Public Improvements and Exonerate Maintenance Bond Recommended Action: Accept the public improvements, authorize the Mayor to sign the Certificate of Acceptance, and authorize staff to issue a bond exoneration letter for maintenance bonds for (Project / Bond Number / Improvement): • Tract Map No. 31469-1 / 929568702-M / Street • Tract Map No. 37426 / 0216989/ Sewer 4. Approve Amendment No. 3 to the TMDL Task Force Agreement Recommended Action: Approve Amendment No. 3 to the TMDL Task Force agreement. 5. One Year Extension of the Interagency Service Agreement between the City of Banning and the City of Beaumont to Provide Coordinated Transit Services Recommended Action: Approve the Interagency Service Agreement between the City of Banning and the City of Beaumont and authorize the Mayor to execute on behalf of the City. 6. Exonerate Survey Monument Bond Recommended Action: Authorize staff to issue a bond exoneration letter for monument bonds for (Project / Bond Number): • Tract Map No. 27971-4 / 1155911 • Tract Map No. 27971-6 / 1155913 • Tract Map No. 27971-8 / 1155914 7. Accept Security Agreement and Performance and Payment Bonds Recommended Action: Accept Security Agreement and Performance and Payment Bonds for (Project / Bond number / Improvement): Curry’s Mobile Home Park / 72482534 / Sewer Fairway Canyon Lift Station / 354071 / Lift Station 8. Second Reading and Adoption of the 6th Cycle Housing Element Update (2021-2029), an Addendum to the General Plan Program Environmental Impact Report (PEIR), a Focused Update to the Safety Element of the General Plan, Amendments to the Land Use Element of the General Plan as Required for Consistency with the Updated Housing Element, Zone Changes Required to Implement the Housing Element and Adoption of an Accessory Dwelling Unit Ordinance Recommended Action: Waive the full second reading and adopt by title only, “An Ordinance of the City of Beaumont, California, Amending Chapter 17 ‘Zoning’ of the Beaumont Municipal Code for Implementation of the State Mandated Housing Element Update;” Waive the full second reading and adopt by title only, “An Ordinance of the City Council of the City of Beaumont, California, Adding Chapter 17.15 ‘Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs)’ to the Beaumont Municipal Code.” 9. FY2022-23 August Budget Update and Financial Status Report Recommended Action: Receive and file report. 10. Approval for Purchase of Tyler Accounts Receivable Module Recommended Action: Approve the attached contract amendment with Tyler Technologies, including the one-time implementation costs of $20,230 and ongoing annual maintenance costs of $7,425. 12. Consider Adopting a Resolution Waiving the Facility Use and Staff Fees at the Albert A. Chatigny Sr. Community Recreation Center (CRC) for Beaumont-Cherry Valley Rotary Club Weekly Meetings Recommended Action: Waive the full reading and adopt by title only, “A Resolution of the City of Beaumont Authorizing the Waiver of a multi-date Facility Use Fee at the Albert A. Chatigny Sr. Community Recreation Center (CRC) for Beaumont Cherry Valley Rotary Club.” 13. Consider Adopting a Resolution Waiving the Facility Use and Staff Fees at the Albert A. Chatigny Sr. Community Recreation Center (CRC) for Beaumont-Cherry Valley Rotary Club Senior Thanksgiving Dinner Recommended Action: Waive the full reading and adopt by title only, “A Resolution of the City of Beaumont Authorizing the Waiver of a One-Time Facility Use Fee at the Albert A. Chatigny Sr. Community Recreation Center (CRC) for Beaumont Cherry Valley Rotary Club." 14. PLAN2022-0859 Automobile for Hire Application for Non-Emergency Medical Transportation Services - AMR Transportation, Inc. Recommended Action: Approve the application for AMR Transportation, Inc. for non-emergency medical transportation. Motion by Mayor White Second by Council Member Lara To pull item 11 to be discussed at the end of the Action Items and approve the remaining Consent Calendar items. Approved by a unanimous vote. PUBLIC HEARINGS Approval of all Ordinances and Resolutions to be read by title only. 15. Tentative Tract Map No. 32850 Modification to Conditions (TM2022-0009), Conduct a Public Hearing and Consideration of a Request to Amend the Conditions of Approval for Tentative Tract Map No. 32850 That Proposes to Subdivide 29.32 Acres into 95 Single-Family Residential Lots in the Residential Single-Family Zone on the West Side of Manzanita Park Road and South of Brownie Way Public Hearing opened at 6:39 p.m. M. Daniel - As the neighboring property, expressed concerns with the view obstruction. G Mejia - (written comment) Expressed concerns with the traffic impact. R. Roy - Expressed concerns with the lapse of time in which the conditions were created. Public Hearing closed at 6:50 Motion by Mayor White Second by Council Member Lara To continue the item to November 1, 2022 City Council Meeting. Approved by a unanimous vote. ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. 16. Presentation of Tesla Commercial Energy Battery Energy Storage System for Emergency Backup and Peak Shaving Motion by Mayor White Second by Mayor Pro Tem Martinez To receive and file this report. Approved by a unanimous vote. 17. Community Facilities District Program Update Regarding the Defeasance of the 1994 Local Agency Revenue Bonds, Series A and Series B Motion by Mayor White Second by Council Member Lara To receive and file report. Approved by a unanimous vote. 18. Retail Market Analysis Update Motion by Council Member Lara Second by Mayor White To receive and file the report. Approved by a unanimous vote. 11. Adoption of a Policy on Land Use and Sensitive Receptors (PLUS) Public Comments: B. Blankenship - Expressed confusion and asked for clarification on which projects this policy would apply to. R. Roy - Asked for a 1 year moratorium on all warehouse projects/applications. S. Mehlman - Spoke in support of the policy and disagreed with any "grandfathering" of projects to be exempt from the policy. Motion by Council Member Lara Second by Mayor Pro Tem Martinez To clarify that the policy is to be applicable upon formal entitlement, not including pre- applications prior to adoption date, September 6, 2022. Approved by a unanimous vote. 19. Authorize Changes to Position Allocation Motion by Mayor White Second by Council Member Santos To approve the elimination of one Customer Service Coordinator position, position number CSC PW 01 and approve the additional Engineering Development Technician, position number EDT02. Approved by a unanimous vote. 20. Authorize the Purchase of Motorola Equipment and System Integration Services for Dispatch Console Migration City Attorney John Pinkney recused himself on this item for potential conflict of interest. Motion by Council Member Lara Second by Mayor White To authorize the Mayor to execute the Communications System and Services Agreement and the Motorola Software License Agreement in the amount of $149,477 for System Integration Services and $149,300 for technical support and software upgrades. Approved by a unanimous vote. 21. First Amendment to the Professional Services Agreement with Mark Thomas for Engineering Services and Grant Assistance Motion by Mayor White Second by Mayor Pro Tem Martinez To approve the First Amendment to the Professional Services Agreement with Mark Thomas in an amount not to exceed $45,000 for additional Engineering Services and Grant Assistance. Approved by a unanimous vote. 22. Award a Contract to T.R. Holliman & Associates to Provide Recycled Water Implementation Services Public Comment N. Mata - Asked questions of the bid process and the BCVWD master plan. Motion by Mayor Pro Tem Martinez Second by Mayor White To award a Contract to T.R. Holliman & Associates in an amount not-to-exceed $149,600 to Provide Recycled Water Implementation Services and authorize the City Manager to approve any changes orders necessary up to $172,000. Approved by a unanimous vote. 23. Discussion on Cancelling the Regular City Council Meeting Scheduled for January 3, 2023 Motion by Council Member Lara Second by Mayor White To cancel the regular City Council meeting of January 3, 2023. Approved by a unanimous vote. LEGISLATIVE UPDATES AND DISCUSSION ECONOMIC DEVELOPMENT UPDATE Economic Development Committee Report Out. CITY TREASURER REPORT Finance and Audit Committee Report Out. CITY CLERK REPORT No report. CITY ATTORNEY REPORT Summary of current and pending litigation. CITY MANAGER REPORT Gave accolades for the success of the State of the City. Will be bringing the most recent sales tax report to the November 1st meeting. FUTURE AGENDA ITEMS None COUNCIL REPORTS Lara - Reminder of the upcoming Monster Mash event. Santos - Gave a report out from a RTA presentation. Fenn - Gave a report out from the Pass EDA meeting. Martinez - Gave a report out from the RCA meeting and thanked everyone for the success of the State of the City. White - Thanked Marcedes for all of her work to put together for the State of the City. Gave a report out from the RCTC meeting. Adjournment to Closed Session 2. Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1). One case: Western Riverside Council of Governments v. National Union Fire Insurance Association of Pittsburg (Case Number EDCV 20-2164- GW-KKx) No reportable action. ADJOURNMENT at 9:58 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 18, 2022, at 5:00 p.m., unless otherwise posted. Beaumont City Hall – Online www.BeaumontCa.gov