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HomeMy Public PortalAboutCC Minutes 11.21.2023 1 CITY COUNCIL CLOSED & REGULAR SESSION MINUTES November 21, 2023 Closed Session: 5:00 PM Regular Meeting: 6:00 PM 550 E. Sixth Street, Beaumont, CA 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 _____________________________________________________________________ CLOSED SESSION A. CALL TO ORDER at 4:35 p.m. Present: Mayor Martinez, Mayor Pro Tem Fenn, Council Member Lara, Council Member Voigt (in attendance at 4:40 p.m.), Council Member White B. PUBLIC COMMENTS REGARDING CLOSED SESSION None B.1 Conference with Legal Counsel Regarding Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2) and/or (3) One Claim: (i) Kristen Fernley. Motion by Council Member White Second by Council Member Lara Authorization to defend the case when/if lawsuit is filed. Approved by a unanimous vote. 2 B.2 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Dennis Baker v. City of Beaumont, et. al. Riv. Co. Sup. Ct. Case No. CVRI2304687. Motion by Council Member White Second by Council Member Voigt To defend the case and officer Salinas. Approved by a unanimous vote. B.3 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Scott Joseph Faulkner v. Alan Heidrech, U.S. Dist. Ct., Central Dist., Case. No. 5:23-cv-01784-ODW(JDE). Motion by Council Member White Second by Mayor Pro Tem Fenn To defend and indemnify Officer Heidrech, Det. Lynn, and Sgt Harris and assigning the defense of the named officers to Manning and Kass. Approved by a unanimous vote. B.4 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) City of San Diego, et al. ex. rel Blackbird Special Project, LLP v. Invitation Homes, Inc., Case No. 22-CV-00260 (Southern District of California). Motion by Council Member White Second by Mayor Pro Tem Fenn To direct to not intervene in the action Approved by a unanimous vote. B.5 Conference with Legal Counsel Regarding Pending Litigation Pursuant to Government Code Section 54956.9(d)(1) One Case: Beaumont v PB 240, LLC; DTOUR Production, Inc.; Shanna Bottoni- Olive; Jamari Olive (Case No: CVRI 2305764). No reportable action. B.6 Conference with Legal Counsel Regarding Potential Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) One potential case. No reportable action. 3 B.7 Conference with Labor Negotiators - Pursuant to Code Section 54956 City Designated Representatives City Manager Elizabeth Gibbs and Administrative Services Director Kari Mendoza. Employee Organizations: SEIU Motion by Mayor Martinez Second by Mayor Pro Tem Fenn To approve Side Letter No 1. With SEIU. Approved by a unanimous vote. REGULAR SESSION D. CALL TO ORDER at 6:19 p.m. Mayor Martinez, Mayor Pro Tem Fenn, Council Member Lara, Council Member Voigt, Council Member White Report out from Closed Session: see above Action on any Closed Session Items: None Action of any Requests for Excused Absence: None Pledge of Allegiance Invocation Adjustments to the Agenda: None Conflict of Interest Disclosure: None E. ANNOUNCEMENTS / RECOGNITION / PROCLAMATIONS / CORRESPONDENCE E.1 Beaumont Police Explorer Post Recognition F. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA) None G. 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. Request to pull items G3 and G5 for discussion. 4 Motion by Mayor Pro Tem Fenn Second by Mayor Martinez To approve items G1, G2, G4, G6 - G9 Approved by a unanimous vote. G.1 Ratification of Warrants Ratify Warrants dated: October 23, 2023 October 26, 2023 November 2, 2023 November 9, 2023 G.2 Approval of Minutes Approve Minutes dated November 7, 2023. G.4 Offer of Dedication for First Street and Pennsylvania Avenue A Resolution of the City of Beaumont Authorizing the Mayor to Accept the Offer of Dedication for the N/W Corner of First Street and Pennsylvania Avenue for Public Street and Highway Purposes. Waive the full reading and adopt by title only, “A Resolution of The City of Beaumont Authorizing the Mayor to Accept the Offer of Dedication for the N/W Corner of First Street and Pennsylvania Avenue for Public Street and Highway Purposes;” Approve the Certificate of Acceptance; and record the Offer of Dedication documents with the Riverside County Clerk Recorder’s Office. G.6 The Purchase of a New 12-Yard Dump Truck Pre-approval for the purchase of dump truck within Fiscal Year 2023-24. Provide pre-approval for the purchase of a new 12-yard dump truck in an amount not to exceed $250,000. G.7 Approval of Trustee Requisition 075 for Use of Bond Proceeds to Reimburse the City of Beaumont for the Fire Station No. 106 Project in the Amount of $39,644.27 Requisition 075 to send to Trustee for disbursement of bond proceeds to the City of Beaumont for Capital Improvement Project 2017-028. Approve the City Manager to sign Requisition 075 to send to Trustee for disbursement of bond proceeds to the City of Beaumont. G.8 Approval of Trustee Requisition 076 for Use of Bond Proceeds to Reimburse the City of Beaumont for the Fire Station No. 106 Project in the Amount of $486,235.95 5 Requisition 076 to send to Trustee for disbursement of bond proceeds to the City of Beaumont for Capital Improvement Project 2017-028. Approve the City Manager to sign Requisition 076 to send to Trustee for disbursement of bond proceeds to the City of Beaumont. G.9 Second Reading to Amend Sections 2.08.100 and 2.08.150 of the Beaumont Municipal Code Pertaining to Compensation of the City Council, City Treasurer and City Clerk Following the Adoption of Senate Bill 329 Staff was directed by City Council on October 3, 2023, to prepare a draft ordinance amending the salaries of members of the City Council, the City Treasurer and the City Clerk aligning with Senate Bill 329 and applicable law. Waive the full second reading and adopt by title only, “An Ordinance of the City Council of the City of Beaumont, California, Amending Title 2, Chapter 2.08, Section 2.08.100 – ‘City Council—Salaries’ and Section 2.08.150 – ‘City Treasurer and City Clerk—Salaries’ of the Beaumont Municipal Code”. G.3 Traffic Signals at Pennsylvania Avenue and First Street – Capital Improvement Project 2017-009 Increase the construction contingency for the Pennsylvania Avenue Widening Project to include the $430,000 that was authorized by City Council on 2023 for the addition of traffic signals at Pennsylvania Avenue and First Street. Motion by Council Member White Second by Council Member Voigt Increase the construction contingency for the Pennsylvania Avenue Widening Project to $1,177,000; and authorize the City Manager to sign change orders up to $1,177,000. Approved by a unanimous vote G.5 Performance Bond Exoneration Performance bond exoneration for force main improvements associated with Tract Map No. 27971, sewer improvements associated with Tract Map No. 27971-7, and offsite improvements associated with Parcel Map No. 37938. Motion by Council Member Lara Second by Council Member White 6 Authorize City staff to issue a Bond Exoneration Letter for Performance and Payment Bonds and Accept Maintenance Bonds for (Project / Bond Number / Improvement / Maintenance Bond Number): • Tract Map No. 27971/ 1001053559 / Force Main / 1001053559-M • Tract Map No. 27971-7/ 1154352 / Sewer / LICX1978526 • Parcel Map No. 37938/ LICX1203090 / Offsite / 5326004 Approved by a unanimous vote H. YOUTH COUNCIL REPORT Report out from Member Ugapo from the November 14, 2023, meeting. I. PUBLIC HEARINGS Approval of all Ordinances and Resolutions to be read by title only. I.1 Public Hearing and Consideration of Amendments to Beaumont Municipal Code Chapter 5.66 Sidewalk Vending Proposed amendments to Beaumont Municipal Code Chapter 5.66 Sidewalk Vending to ensure public health, safety and welfare. Public Hearing opened at 6:35 p.m. No comments Public Hearing closed at 6:36 p.m. Motion by Council Member Voigt Second by Council Member White To continue the public hearing to allow staff to research additional information discussed regarding enforcement and fines. Approved by a unanimous vote J. ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. J.1 Stewart Park Improvement Project Update Provide an update on the status of the Stewart Park Improvement Project. Target 5 – Quality of Life/Well Being Goal 6-Complete Stewart Park Improvement Project – Priority Level 3. Direction to proceed with phasing and discuss funding at the next fiscal year budget discussion. 7 J.2 Award of a Professional Services Agreement to Lisa Wise Consulting for Update of the City’s Zoning Code – Capital Improvement Project (CIP) CD-04 Priority #3, Target #3-Economic Development/Downtown, Goal #6 Revisit the City’s Municipal Codes and Zoning Motion by Council Member White Second by Council Member Lara Award a Professional Services Agreement for the City’s Zoning Code Update to Lisa Wise Consulting in an amount not to exceed $368,080. Approved by a unanimous vote J.3 Discussion and Direction on a Proposed Downtown Events Funding Policy Adopt an objective process for evaluating requests for funding support for events in the downtown. Strategic Plan Target #5 – Quality of Life/Well- Being, Priority Level 2, Goal #5 Increase community events, arts and culture. Motion by Mayor Pro Tem Fenn Second by Council Member Voigt Adopt the Downtown Events Funding Policy with an amendment to add priority to downtown businesses. Approved by a unanimous vote J.4 Funding Agreement and Resolution Approving a Purchase and Sale Agreement – 516 California Avenue Consideration of a Funding Agreement with Riverside County and a Resolution Approving a Purchase and Sale Agreement for the property located at 516 California Avenue (APN 418-091-012). Motion by Mayor Martinez Second by Mayor Pro Tem Fenn To waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont, California, Approving the Acquisition of Real Property”, Approve the Purchase and Sale Agreement by and between the City of Beaumont and PRROPERTIES LLC. and authorize the City Manager to execute the agreement on behalf of the City, and Direct staff to bring back the funding agreement for approval. 8 Approved by a unanimous vote J.5 Update on the Citywide Traffic Signal Upgrade at Beaumont Ave and First Street Update on the Citywide Traffic Signal Upgrade at Beaumont Ave and First Street, CIP R-13 (Project). Receive and file. J.6 Request for Proposal (RFP) Sub-Committee Discussion and direction of RFP Sub-Committee assigned to the Financial and Audit Committee. Direction to staff to dissolve the task of the RFP subcommittee. J.7 Traffic Relief Plan Workshop Set date and time for a presentation from Riverside County Transportation Commission (RCTC) staff on the draft Traffic Relief Plan. Consensus to set Thursday, December 7, 2023, at 5:00pm as the Traffic Relief Plan workshop. J.8 Approval of City Attorney Invoices for the Month of October 2023 Attorney Lena Wade recused herself on the item. Motion by Council Member Voigt Second by Council Member Lara Approve invoices in the amount of $118,247.77. Approved by a unanimous vote K. LEGISLATIVE UPDATES AND DISCUSSION L. ECONOMIC DEVELOPMENT UPDATE Next meeting will be December 13th. November's meeting was cancelled due to lack of quorum. 9 M. CITY TREASURER REPORT M.1 Monthly Treasurer Reports N. CITY CLERK REPORT No report. O. CITY ATTORNEY REPORT No report. P. CITY MANAGER REPORT Announcement of the City of Beaumont being featured on the news for their new installment of an all inclusive playground. Q. FUTURE AGENDA ITEMS • Assessment for the need for additional community center(s) (Future) • Annexation Agreement with the County (December) • Marketing of Downtown Renovation on Billboards (January) • Level of Service Standards for Traffic Levels (January) • Standards for Underground Utility Requirements (December) Add City sponsored Market Night R. COUNCIL REPORTS Lara - Announced upcoming Beaumont Thanksgiving Meal outreach and it's 25 year success. Voigt - Attended the ribbon cutting of the new all inclusive playground. White - Gave a report out from the RCTC meeting. Fenn - Gave a report out from the SCAG meeting, the PassCom meeting and the Veteran's event. Martinez - Thanked staff for the coordination of the Veteran's Day event, and the new playground. Recognized City employees for their recent certificates. : 10 S. ADJOURNMENT at 8:25 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 December 5, 2023, at 6:00 p.m. unless otherwise posted.