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HomeMy Public PortalAboutAgendas - Jan. 04, 2011Agenda Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority Beaumont Charitable Foundation Beaumont Conservation Authority 550 E. 6th Street, Beaumont, California Regular Session (6:00 p.m.) Closed Session (after Regular Session) Tuesday, January 4, 2011 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" REGULAR SESSION Regular Session to begin at 6:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor De Forge , Mayor Pro Tern Berg , Council Member Castaldo Council Member Fox , Council Member Gall Invocation: Pledge of Allegiance: Council Member De Forge Presentation: Adjustments to Agenda: ORAL AND WRITTEN COMMUNICATIONS: Anyone wishing to address the City Council on any matter not on the agenda of this meeting may do so now. The oral communications portion of the agenda is to hear public comments. Anyone wishing to speak on an item on the agenda may do so at the time the Council considers that item. All person(s) wishing to speak must fill out a "Request to Speak Form" and give it to the City Clerk at the beginning of the meeting. The forms are available on the table at the back of the room. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. 1. COUNCIL REPORTS (This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel) a) Mayor De Forge b) Mayor Pro Tern Berg C) Council Member Castaldo d) Council Member Fox e) Council Member Gall 2. CITY MANAGER REPORTS (City of Beaumont Core Values: Treat everyone right; Keep a customer service focus; Effective communication; Present opportunity; Operate like a great business; Eliminate bureaucratic solutions; Embrace positive change) a. Community Information and Local Project Update 1) Sustainability Update a) Beaumont Foundation Update b) Update on Golf Access Passes C) Media Update d) Bridge Names Update 2) Project Update a) Beaumont Cares 1) BeaumontCares.com b) Road Improvements 1) Highland Springs Improvements 2) Update on Palmer and Cherry Valley 3) Financial Updates a) Budget Calendar —Workshop Date March 19, 2011 b. Calendar of Events 1) January 6, 8, & 9, 2011 — CERT Training 2) Second and Third Wednesday of Each Month — Story Time Cafe C. Rumor Control, and Report on Oral and Written Communications 3. CONSENT CALENDAR (This portion of the Agenda is for items that do not require a Public Hearing or discussion.) a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary b. Approval of the Minutes of the City Council Meeting December 21, 2010 C. Approval of the Warrant List for January 4, 2011 d. Adopt of Resolution No. 2010 -36 to Ratify the Declaration of the Existence of a Local Emergency Under Government Code Section 8630 and City Ordinance No. 461. e. Denial of Claim — AT &T Mobility Entities Recommendation: Approval of the Consent Calendar as presented. 4. ACTION ITEMS /PUBLIC HEARING /REQUESTS (This portion of the Agenda is for items that require a Public Hearing, discussion, and/or Council direction.) a. Civic Center Campus Update — Parking Lot Expansion Recommendation: Receive and file the update report and authorization to complete the civic center campus parking including the closure of Orange Avenue between Sixth Street and Seventh Street and the closure of Seventh Street between Magnolia Avenue and the Alley east of Magnolia Avenue. b. City Council and Various Board Reorganization Recommendation: Entertain nominations for the positions of Mayor and Mayor Pro Tern and Authorize the Mayor to make appointments to the various boards and committees /commissions per the attached list of organization CLOSED SESSION Closed Session to begin after regular session Place: City Manager Conference Room a. Pursuant to Government Code Section 54957.6, Conference with Labor Negotiator — City Negotiator as Personnel Director Alan Kapanicas Employee Organizations and Staffing b. Pursuant to Government Code Section 54956.8 Conference with Real Property Negotiator C. Pursuant to Government Code Section 54956.9(a) - Anticipated Litigation — Conference with Legal Counsel — Existing Litigation (Government Code 54956.9) 1. Peters vs. City — Case No. RIC 467388 2. Western Riverside Council of Governments vs City of Beaumont RIC 536164 3. Cashmer vs. RIC 541427 4. Outdoor Media Group vs City 5. Hillcrest Construction vs. City Adjournment of the City Council Meeting at p.m. "Refreshments to be provide in Room 2 immediately following the Meeting" Any Person with a disability who requires accommodations in order to participate in this meeting should telephone Shelby Hanvey at 951 - 769 -8520 ext. 323, at least 48 hours prior to the meeting in order to make a request for a disability- related modification or accommodation Agenda Item No. �oa ° I `� STAFF REPORT To: Honorable Mayor and City Council From: Community and Economic Development Dept. Date: January 4, 2011 Subject: Local Golf Club Access Program Update Background and Analysis: At the June 15, 2010 City Council meeting the Beaumont City Council established the Local Golf Club Access Program. There has been thirty seven (37) local access program members register within the first six (6) months. Members range from retired active adults to business owners, even to complete families in which Mom, Dad, and Child signed up to play golf locally. Many of the members simply wish to improve their existing game, or at least enjoy the sport. A few members have seen this as their opportunity to learn to play golf on a local course for a reduced rate. In the first six months Local Golf Club Access Program members saved approximately $400 -$950 combined. This number should increase as we exit the rainy season and the sun comes out in spring and summer. The recent sale of the East Valley Golf Course has re- opened discussions between the City of Beaumont and the new owner regarding offering this incentive program. Program Rules: To qualify for the program, residents may visit City Hall, complete an application with liability release form and present a valid photo identification plus one or more of the following documents containing a City address: • Utility Bill • Property Tax Bill • Rental agreement or Lease (with phone bill) The following Table shows the savings a citizen may obtain by playing at Oak Valley Golf Course with a Local Golf Club Access Pass. Fee savings would be $10.00 off regular weekday and weekend rates, and $5.00 off twilight and super - twilight rates. CITY Kyle W&rsins)(i Community Development Analyst 01 z LOCAL GOLF CLUB ACCESS PROGRAM The City is pleased to announce the Beaumont Local Golf Club Access Program!! Qualifying applicants with proof of eligibility are invited to join. If you're interested in learning more about becoming a member, read on. Individual club memberships offer the opportunity to golf seven days a week at Oak Valley Golf Club, a Landmark Signature designed championship golf course. Green fees include a golf cart and a bucket of balls on the day of play. Who can become a member? Membership is being offered to Beaumont residents, employees and owners of businesses in the City. What proof of eliaibility is required? RESIDENT Any valid photo identification (i.e. driver's license or state - issued ID card), plus one of the following: • Utility Bill, Property Tax Bill, Rental Agreement or Lease with BEAUMONT ADDRESS EMPLOYEE Any valid photo identification, plus one of the following: • Pay Stub, Letter of Employment Verification provided by the business owner, or the Business phone number and Permission to call the employer to verify employment. BUSINESS OWNER Any valid photo identification, plus one of the following: • Valid Business License, Utility bill, or other form of Proof of Ownership. What will it cost? Each membership is for an individual and the fee is $10 per year. An individual Golf Club Access Card will be issued to each qualified applicant. All program cards will be issued on a fiscal year basis regardless of when issued (no prorated memberships). The savings to a member for a round of golf at Oak Valley Golf Club during the first year's program are as follows: • Regular .................. Monday through Friday: $10 per round savings • Regular .................. Weekends and Holidays: $10 per round savings • Twilight ..................Monday through Friday: $5 per round savings • Twilight .................. Weekends and Holidays: $5 per round savings • Super - Twilight.......... Monday through Friday: $5 per round savings When can I loin? Beginning July 1St, 2010, visit City Hall located at 550 East Sixth Street, Beaumont, Monday thru Thursday 8 a.m. to 5 p.m., and Fridays from 8 a.m. to noon. For faster processing, you may print out the City's Golf Club application form on our website at www.ci.beaumont.ca.us and bring it completed to City Hall with the necessary proof of eligibility requirements. Anyone having questions should contact Beaumont City Hall at (951) 769 -8520. is Local Golf Club Access Program Membership Application NWAW lik (lay 01.1 PLEASE COMPLETE TOP SECTION Name of Individual Making Application: Beaumont Address: E -Mail Address: Telephone Number: Mailing Address (for renewal info.): I hereby certify that I am: ❑ Resident of Beaumont ❑ Employee of a Beaumont Business ❑ Owner of a Beaumont Business Signed (Signature of Applicant) PROOF OF ELIGIBILITY: Date: BELOW FOR OFFICE USE ONLY Calendar Year: ❑ Any valid photo identification (i.e. driver's license or state - issued ID card), plus one of the following: ❑ Utility Bill (Resident or Business Owner) ❑ Property Tax Bill (Resident) ❑ Rental Agreement or Lease with phone bill (Resident) ❑ Pay Stub (Employee) ❑ Letter of Employment Verification (Employee) ❑ Valid Business License (Owner) ❑ Other proof of Business Ownership ( Business Owner) Annual Membership Fee: $10.00 Receipt Number: MUST HAVE BEAUMONT ADDRESS Date: ❑ Membership Package Member No. Issued: City of Beaumont 550 East 6th Street Beaumont, CA 92223 (951)769-8520 FAX (951) 769 -8526 DATE: January 4, 2011 TO: City Council FROM: Alan Kapanicas, City Manager SUBJECT: 2011 -12 Updated Budget Schedule January 4, 2011 — Updated budget schedule with Council input from December 21 meeting. January 18, 2011 — Present census of currently budgeted employee positions compared to actual. Present listing of current City contracts. February 1, 2011 — Council requests to staff to review changes in employee positions and/or current City contracts. February 15, 2011 — Staff response to Council requests from February 1, 2011 meeting. March 1, 2011 — Staff decision packages presented to Council and programs are prioritized. Council asked for their program additions, deletions or modifications. March 15, 2011 — Review of staff decision packages and Council requested programs. :�, March 19, 2011 — Council Budget Workshop (time to be announced at a later date) April 5, 2011 — Preliminary general and special fund budgets are presented. April 19, 2011 — Review of general and special fund budgets by Council and Council asked for modifications. May 3, 2011 — General and special fund budgets are presented for Council approval with changes from the April 19, 2011 meeting. Public hearing is set for May 17, 2011. May 17, 2011 — Hold public hearing and adopt 2011 -1.2 general and special fund budgets. June 7, 2011 — Final adopted budget document is presented to Council and available to the public via the City website. Minutes Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority 550 E. 6th Street, Beaumont, California City Council Workshop (4:00 p.m.) Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Tuesday, December 21, 2010 REGULAR SESSION began at 6:00 p.m. Roll Call: Mayor De Forge, Mayor Pro Tern Berg, Council Member Castaldo, and Council Member Gall were present. Council Member Fox was absent. Invocation: Rev. Bill Dunn Pledge of Allegiance: Council Member Gall Presentation: None Adjustments to Agenda: None Oral and Written Communications: None COUNCIL REPORTS (This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel) a) Mayor De Forge - Winter wish Update, Food Drive, Appoint Mayor Pro Tern Berg to RCA Board b) Mayor Pro Tern Berg - RCTC getting a lot of projects built, thank the Police Department for being in the shopping centers. c) Council Member Castaldo — Winter wish, food drive d) Council Member Fox - absent e) Council Member Gall - Christmas Light Parade 2. CITY MANAGER REPORTS (City of Beaumont Core Values: Treat everyone right; Keep a customer service focus; Effective communication; Present opportunity; Operate like a great business; Eliminate bureaucratic solutions; Embrace positive change) a. Community Information and Local Project Update 1) Sustainability Update a) Beaumont Foundation Update 1) Murder Mystery Dinner — February 19, 2010 (MDA) 2) Thank you from BCVR &P District for donation 2) Project Update a) Beaumont Cares 1) BeaumontCares.com b) Road Improvements 1) Palmer & Cherry Valley Bid Opening 3) Financial Updates a) Financial Update b) 2011 -2012 Proposed Budget Schedule b. Calendar of Events 1) January 4, 2011 —City Council Reorganization 2) January 6, 8, & 9, 2011 — CERT Training 3) Second and Third Wednesday of Each Month — Story Time Cafe C. Rumor Control, and Report on Oral and Written Communications 3. CONSENT CALENDAR (This portion of the Agenda is for items that do not require a Public Hearing or discussion.) a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary b. Approval of the Minutes of the City Council Meeting December 7, 2010 C. Approval of the Warrant List for December 21, 2010 d. Approval of Destruction of Records per Resolution No. 2010 -32. Recommendation: Approval of the Consent Calendar as presented. Victor Dominguez - Item 3.d - suggestion that we keep all documents Motion by Council Member Berg, Seconded by Council Member Gall to approve items a, b, and c of the consent calendar as presented and request that item 3.d be considered at the end of the agenda. 4/0 4. ACTION ITEMS /PUBLIC HEARING /REQUESTS (This portion of the Agenda is for items that require a Public Hearing, discussion, and/or Council direction.) a. Amendment No. 3 to the Agreement between the City of Beaumont and USA Waste Management of California, Inc. D.B.A. Waste Management of the Inland Empire. Recommendation: Approve as presented. Staff report was given by Alan Kapanicas, City Manager Motion by Council Member Berg, Seconded by Council Member Castaldo to approve the Agreement with Waste Management as presented. Vote: 4/0 b. Palmer & Cherry Valley Award of Contract Recommendation: Award to the lowest responsible bidder Elite Companies U.S. Inc. Staff report was given by Alan Kapanicas, City Manager Motion by Council Member Berg, Seconded by Council Member Gall to approve the contract with Elite Companies US Inc. as presented. Vote: 4/0 c. Council Meeting Video Tapes Recommendation: Approve supplied format and direct staff to place on Beaumont Website. Staff report was given by Alan Kapanicas, City Manager Victor Dominguez - In Favor Council directed staff to look into Pod Casting (Audio) and put together a decision package for the upcoming budget. d. Naming of new bridges that span the Union Pacific Railroad Tracks and Potrero Creek Recommendation: Discuss and Vote on the proposed name or open a public contest to gather potential names and hold vote at a later date. The winning name can be revealed at the ribbon cutting of the bridges in March, 2011. Staff report was given by Ashley Thompson, Customer Services Coordinator. Council Member Berg suggested Haskell Bridge due to historical reasons. Council directed staff to solicit the public for suggestions with the reason why and return to Council at a future meeting for a decision to be made. e. Appointment of two (2) Planning Commissioners Recommendation: Review Applications and Appoint two individuals to the Planning Commission for a four year term. Staff report was given by Joe Aklufi, City Attorney Edward Weeks Richard Bennecke Brenda Knight William Dale Layne Kleinschmidt John Haifiwill Nathan Smith Chad Scott Speakers: Victor Dominguez - Would Like to see Mr. Dale and Chad Scott appointed to Planning Commission. Nomination By Council Member Castaldo to appoint Richard Bennecke and Brenda Knight to fill the vacancies. Nomination by Council Member Berg to appoint Richard Bennecke and Nathan Smith to fill the vacancies. Nomination by Council Member Gall to appoint Richard Bennecke and Chad Scott to fill the vacancies. Nomination by Mayor De Forge to appoint Brenda Knight and William Dale to fill the vacancies. Council Member Gall changed her second nomination to Nathan Smith. Roll call vote on three members receiving numerous nominations: Richard Bennecke Mayor De Forge - no, Mayor Pro Tern Berg - yes, Council Member Gall - yes, Council Member Castaldo - yes. on a 3/1 vote Richard Bennecke was appointed. Brenda Knight Mayor De Forge - yes, Mayor Pro Tern Berg - no, Council Member Gall - no, Council Member Castaldo - yes. on a 2/2 vote - tie vote - no appointment. Nathan Smith Mayor De Forge - yes, Mayor Pro Tern Berg - yes, Council Member Gall - yes, Council Member Castaldo - no. on a 3/1 vote Nathan Smith was appointed. f. Approval of Destruction of Records per Resolution No. 2010 -32 Motion by Council Member Berg, Seconded by Council Member Castaldo to approve the Destruction of Records per Resolution No. 2010 -32 as presented. Vote: 410 City Council Adjourned to Closed Session at 8:40 p.m. CLOSED SESSION No reportable action taken in closed session Closed Session to begin after regular session Place: City Manager Conference Room a. Pursuant to Government Code Section 54957.6, Conference with Labor Negotiator — City Negotiator as Personnel Director Alan Kapanicas Employee Organizations and Staffing b. Pursuant to Government Code Section 54956.8 Conference with Real Property Negotiator C. Pursuant to Government Code Section 54956.9(a) - Anticipated Litigation — Conference with Legal Counsel — Existing Litigation (Government Code 54956.9) 1. Peters vs. City — Case No. RIC 467388 2. Western Riverside Council of Governments vs City of Beaumont RIC 536164 3. Cashmer vs. RIC 541427 4. Outdoor Media Group vs. City 5. Hillcrest Construction vs. City Adjournment of the City Council Meeting at 9:33p.m. Alan City Manager WARRANT LIST CITY COUNCIL MEETING January 4, 2011 73326 -73447 Checks $451,196.85 EFT 515 ACH $ 499,821.13 CC 221 -233 Credit Card $ 20,724.85 Voids Payroll Mutual of Omaha Cal PERS PPE 12/09/10. $ 429,766.43 PPE 11/25/10 $ 32,683.45 PPE 11/25/10 $ 112,044.77 PPE 12/09/10 S 110,002.45 AGENDA ITEM NO. 3 I DO HEREBY CERTIFY THIS WARRANT LIST HAS BEEN COMPILED AND PREPARED TO MEET THE DAILY OPERATIONS FOR THE FISCAL YEAR JULY 1, 2010 TO JUNE 30, 201 1. SIGNATURE: (4,A l {/l ✓G�fl TITLE: T�nanu 17i%K� "" O" `� City of Beaumont Vendor Check Register From: 12/12/2010 To: 12/28/2010 Check Number Check Date Vendor Check Name Amount Description: 073326 12/17/2010 MICHAEL ALMANDINGER 7,064.23 CASH OUT 073327 12/17/2010 CECIL GARCIA JR 864.48 CASH OUT 073328 12/17/2010 BRIAN STEHLI 2,110.00 EDUCATION 073329 12/17/2010 FREDRICK STEWARD 589.70 CASH OUT 073330 12/17/2010 AIR & HOSE SOURCE 30.00 SUPPLIES 073331 12/17/2010 ARROWHEAD 47.82 WATER 073332 12/17/2010 ASAP APPLIANCE SERVICE & PP 457.34 LABOR 073333 12/17/2010 BARNES DISTRIBUTION 221.93 BUS MAINTENANCE 073334 12/17/2010 0 ')Q_0�v b o 78.00 EDUCATION REIMBURSEMENT 073335 12/17/2010 BEAUMONT- CHERRY VALLEY W, 52,168.11 WATER BILLS 073336 12/17/2010 BEAUMONT LAWNMOWER 531.90 SUPPLIES 073337 12/17/2010 BEAUMONT CAFE & RESTAURM 1,498.86 EMPLOYEE CHRISTMAS DINNER 073338 12/17/2010 RICHARD BENNECKE 179.44 REIMBURSEMENT 073339 12/17/2010 BENTLEY SYSTEMS INC 3,125.00 SUPPLIES 073340 12/17/2010 ROGER BERG 180.64 REIMBURSEMENT 073341 12/17/2010 BIG TEX TRAILERS 238.38 RENTAL 073342 12/17/2010 BRIAN DeFORGE 180.64 REIMBURSEMENT 073343 12/17/2010 DAVID CASTALDO 174.34 REI,BURSEMENT 073344 12/17/2010 CINTAS CORPORATION #150 688.49 LU,\4v- vv�5 073345 12/17/2010 CITY OF BANNING 85.65 TRAFFIC SIGNAL 073346 12/17/2010 MICHELLE COMBADO 112.67 PAYROLL ADJUSTMENT 073347 12/17/2010 CONSOLIDATED ELECTRICAL DI 803.50 SUPPLIES 073348 12/17/2010 CSG SYSTEMS 6,813.02 CONTRACT SERVICES 073349 12/17/2010 CUSTOM TROPHIES 22.02 SUPPLIES 073350 12/17/2010 DICK'S V W REPAIR 297.50 REPAIR 073351 12/17/2010 DIRECTV 96.98 TV SERVICE 073352 12/17/2010 VICTOR DOMINGUEZ 179.44 REIMBURSEMENT 073353 12/17/2010 DOM'S TOWING 240.00 TOWING 073354 12/17/2010 E.S.BABCOCK & SONS, INC. 1,075.00 WWTP 073355 12/17/2010 GENERAL GOVERNMENT 6,964.53 CONTRACT SERVICES 073356 12/17/2010 GEOFFREY H. HOPPER & ASSO( 548.63 CONTRACT SER VICES 073357 12/17/2010 HI -WAY SAFETY INC 166.98 I �S .- (�At-o aXcAs J 073358 12/17/2010 HOME DEPOT /CREDIT SERVICE; 156.49 SUPPLIES 073359 12/17/2010 HOUSE OF QUALITY 87.96 SUPPLIES 073360 12/17/2010 JP STRIPING 2,250.00 SUPPLIES 073361 12/17/2010 KEEP IT GREEN 150.00 CONTRACT SERVICES Printed 12/29/2010 8:45:57AM Page 1 of 4 City of Beaumont Vendor Check Register From: 12112/2010 To: 12/28/2010 Check Number Check Date Vendor Check Name Amount Description: 073362 12/17/2010 KNORR SYSTEMS INC. 412.76 SUPPLIES 073363 12/17/2010 EMISANET LARA 228.17 PAYROLL ADJUSTMENT 073364 12/17/2010 MCF COMMUNITY CHURCH 500.00 DEPOSIT REFUND 073365 12/17/2010 NAPA AUTO PARTS 458.14 PARTS 073366 12/17/2010 NATIONAL CONSTRUCTION REN 330.00 RENTAL 073367 12/17/2010 NEXTEL COMMUNICATIONS 446.24 CELL PHONE 073368 12/17/2010 NISSHO OF CALIFORNIA INC 4,184.00 CONTRACT SERVICES 073369 12/17/2010 KAREN NOLLET 917.50 EDUCATION REIMBURSEMENT 073370 12/17/2010 ORIENTAL TRADING CO.,INC. 121.89 SUPPLIES 073371 12/17/2010 PACIFIC ALARM SERVICE 939.00 CONTRACT SERVICES 073372 12/17/2010 MARIA PARNELL 8.00 REFUND OF ANIMAL LICENSE 073373 12/17/2010 PRUDENTIAL OVERALL SUPPLY 120.20 UNIFORMS 073374 12/17/2010 CHRISTOPHER RAMOS 415.00 EDUCATION 073375 12/17/2010 RESOURCE BUILDING MATERIAL 514.38 SUPPLIES 073376 12/17/2010 SOUTHERN CALIF.EDISON 23,470.67 ELECTRIC SERVICE 073377 12/17/2010 SOUTHERN CALIF.EDISON CO. 1,145.72 INSTALLATION 073378 12/17/2010 PAUL ST. MARTIN 180.64 REIMBURSEMENT 073379 12/17/2010 STATER BROS GENERAL OFFICE 258.80 GROCERIES 073380 12/17/2010 THE GAS COMPANY 263.10 NATURAL GAS 073381 12/17/2010 THE RECORD GAZETTE 78.75 ADVERTISING 073382 12/17/2010 THOMPSON & COLEGATE TRUS- 1,200.00 LEGAL SER VICE 073383 12/17/2010 TULE RANCH /MAGAN FARMS 19,311.80 CONTRACT SERVICES 073384 12/17/2010 TURF STAR, INC. 350.62 SUPPLIES 073385 12/17/2010 UNDERGROUND SERVICE ALER' 195.50 MAINTENANCE 073386 12/17/2010 UNION PACIFIC RAILROAD 4,894.97 CONTRACT SERVICES 073387 12/17/2010 VERIZON CALIFORNIA 172.61 PHONE SERVICE 073388 12/17/2010 VERIZON WIRELESS 1,009.31 CELL PHONE 073389 12117/2010 VOYAGER 25,419.52 GAS CARDS 073390 12/17/2010 PUBLIC AGENCY RETIREMENT S 400.00 PARS 073391 12/17/2010 BRENDA KNIGHT 180.64 REIMBURSEMENT 073392 12/24/2010 GREENFEAT 4,525.00 CONTRACT SERVICES 073393 12/24/2010 CASEY'S CONCRETE 720.00 SERVICES 073394 12/24/2010 HILLCREST CONTRACTING, INC 100,000.00 C onf- o � —c� ('vk (P j 073395 12/24/2010 TASO TECH, INC 13,440.00 CONTRACT SERVICES 073396 12/24/2010 ADVANTAGE LANDSCAPE 149.50 CONTRACT SERVICES 073397 12/24/2010 AMERICAN PLANNING ASSOCIA- 625.00 DUES 073398 12/2412010 ANTIMITE 52.00 PEST CONTROL Printed 12/29/2010 8:45:57AM Page 2 of 4 City of Beaumont Vendor Check Register From: 12/12/2010 To: 12/28/2010 Check Number Check Date Vendor Check Name Amount Description: 073399 12/24/2010 BAC FIELD SERVICES CORP 222.76 SEWER SERVICES 073400 12/24/2010 BEAUMONT- CHERRY VALLEY W, 3,418.42 WATER SERVICES 073401 12/24/2010 BEAUMONT CHAMBER 1,130.00 CHAMBER CHATTER DEC 2010 073402 12/24/2010 BIO -TOX LABORTORIES 1,366.20 SERVICES 073403 12/24/2010 BEAUMONT POLICE OFFICERS F 2,100.00 DUES 073404 12/24/2010 CALIFORNIA PEACE 85.00 DUES 073405 12/24/2010 CDW GOVERNMENT, INC. 2,277.12 COMPUTER 073406 12/24/2010 CHERRY VALLEY NURSERY 625.50 SUPPLIE 073407 12/24/2010 CINTAS CORPORATION #150 274.11 SERVICES 073408 12/24/2010 COMMUNITY HEALTH AGENCY 584.00 ANIMAL CARE 073409 12/24/2010 D.R. HORTON INC. 11,550.00 REFUND MOMUMENTATION DEPOSIT 073410 12/24/2010 DEPARTMENT OF JUSTICE 2,048.00 SERVICES 073411 12/24/2010 DEPARTMENT OF ENVIORNMEN 3,332.00 ENVIROMENTAL HEALTH SERVICES 073412 12/24/2010 EMPIRE ECONOMICS, INC 4,950.00 CONTRACT SERVICES 073413 12/24/2010 FEDEX 42.20 POSTAL 073414 12/24/2010 FTI SERVICES 6,850.00 SERVICES 073415 12/24/2010 GOVPARTNER 500.00 PROFESSIONAL SERVICES 073416 12/24/2010 GREENWOOD'S UNIFORMS 184.80 UNIFORM SERVICES 073417 12/24/2010 PETER HERSEY 322.00 REFUND OVERPAYMENT ON SEWER 073418 12/24/2010 INVESTORS TITLE COMPANY 118.20 OVER PAYMENT REIMB. 073419 12/24/2010 LESLIE'S SWIMMING POOL SUPF 178.66 SUPPLIES 073420 12/24/2010 LEXISNEXIS 371.50 CONTRACT SERVICES 073421 12/24/2010 MCNEILL LAW OFFICES 4,094.00 CONTRACT SERVICES 073422 12/24/2010 JEREMY MILLER 1,350.00 AUTO SREVICES 073423 12/24/2010 NEXTEL 625.70 PHONE SERVICE 073424 12/24/2010 PACIFIC ALARM SERVICE 128.50 CONTRACT SERVICES 073425 12/24/2010 PassEDA 49,200.00 MEMBERSHIP — SA," t-00)-Z_ 073426 12/24/2010 PAYCHEX HUMAN RESOURCES 108.30 CONTRACT SERVICES 073427 12/24/2010 PRE -PAID LEGAL 893.55 PRE -PAID LEGAL 073428 12/24/2010 QUILL CORPORATON 1,914.66 SUPPLIES 073429 12/24/2010 RIVERSIDE COUNTY INFORMATI 112.56 SERVICES 073430 12/24/2010 THEODORE MARK RICHARD 134.00 REIMBURSMENT 073431 12/24/2010 S.A MOBIL CARWASH AND DETA 1,020.00 SERVICES 073432 12/24/2010 SCOTT FAZEKAS & ASSOCIATE: 1,263.50 CONTRACT SERVICES 073433 12/24/2010 SERRATO TRAINING & ASSOIATI 55.00 TRAINING 073434 12/24/2010 SIMPLER LIFE EMERGENCY PRC 418.00 SUPPLIES 073435 12/24/2010 SIRCHIE 1,445.00 SERVICES Printed 12/29/2010 8:45:57AM Page 3 of 4 City of Beaumont Vendor Check Register From: 12/12/2010 To: 12/28/2010 Check Number Check Date Vendor Check Name Amount Description: 073436 12/24/2010 SOUTHERN CALIF.EDISON 23,624.13 UTILITIES 073437 12/24/2010 SOUTHERN CALIFORNIA MULCH 3,000.00 MAINT. SUPPLIES 073438 12/24/2010 THE GAS COMPANY 32.78 UTILITIES 073439 12/24/2010 UNION BANK OF CA., N.A. 16,145.26 BEAUMONT UTILITY AUTHORITY 073440 12/24/2010 UNITED WAY OF THE 81.00 UNITED WAY 073441 12/24/2010 VERIZON CALIFORNIA 1,860.74 PHONE SERVICE 073442 12/24/2010 VERIZON WIRELESS 495.10 PHONE SERVICE 073443 12/24/2010 CHRISTOPHER WALSH 150.00 WELLNESS 073444 12/24/2010 WEST COAST TURF 1,258.00 SERVICES 073445 12/24/2010 WEST PAYMENT CTR. 175.00 CONTRACT SERVICES 073446 12/24/2010 WEST COAST LIGHTS & SIRENS 325.00 SERVICES 073447 12/24/2010 DEREK A WILLIAMS 637.50 CONTRACT SERVICES 451,196.85 Printed 12/29/2010 8:45:57AM Page 4 of 4 Check Number EFT000515 City of Beaumont Vendor Check Register Check Date Vendor Check Name Amount 12/22/2010 URBAN LOGIC CONSULTANTS 499,821.13 499,821.13 From: 12/14/2010 To: 12/28/2010 Description: CONTRACT SERVICES Printed 12/29/2010 8:46:09AM Page 1 of 1 City of Beaumont Vendor Check Register From: 11/25/2010 To. 12/28/2010 Check Number Check Date Vendor Check Name Amount Description: EFT000000O00221 12/17/2010 A -Z BUS SALES,INC. 450.21 BUS MAINTENANCE EFT000000O00222 12/17/2010 ALL PURPOSE RENTALS 1,394.95 EQUIPMENT RENTAL EFT000000O00223 12/17/2010 ARAMARK 243.27 COFFEE SUPPLIES EFT000000O00224 12/17/2010 BEAUMONT TIRE 730.72 VEHICLE MAINTENANCE EFT000000O00225 12/17/2010 BEAUMONT ACE HOME CENTER 332.40 MAINTENANCE SUPPLIES EFT000000O00226 12/17/2010 BEAUMONT SAFE & LOCK 123.73 KEYS EFT000000O00227 12/17/2010 CHERRY VALLEY AUTOMATIVE 1,580.54 VEHICLE MAINTENANCE EFT000000O00228 12/17/2010 CIVICPLUS 220.50 MONTHLY FEE EFT000000O00229 12/17/2010 GOPHER PATROL 2,867.00 MONTHLY MAINTENANCE EFT000000O00230 12/17/2010 GORM, INC. 459.52 SUPPLIES EFT000000O00231 12/17/2010 HIGH TECH IRRIGATION,INC. 8,853.97 MAINTENANCE SUPPLIES EFT000000O00232 12/17/2010 REPUBLIC ITS 3,005.27 CONTRACT SERVICES EFT000000O00233 12/17/2010 XEROX CORPORATION 462.77 CONTRACT SERVICES 20,724.85 Printed 12/29/2010 8:47:50AM Page 1 of 1 Resolution No. 2010 -36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA DECLARING THE EXISTENCE OF A LOCAL EMERGENCY UNDER GOVERNMENT CODE SECTION 8630 AND CITY ORDINANCE NO. 461 WHEREAS, Government Code Section 8630 and City Ordinance No. 461 authorizes the City Council to proclaim the existence of a "local emergency "; and WHEREAS, Government Code Section 8558(c) defines a "local emergency" to include conditions of disaster or of an extreme peril to the safety of persons and property within the territorial limits of a City caused by Torrential Rain, Flooding and High Winds; and WHEREAS, Commencing on Wednesday, December 22, 2010 and continuing, Torrential Rain, Flooding, and High Winds Existed in the City of Beaumont; and WHEREAS, said Rain, wind, and flooding resulted in substantial flooding in the City of Beaumont; and WHEREAS, the conditions described above are likely to be beyond the capabilities and control of the services, personnel, equipment, and facilities of the City of Beaumont. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, COUNTY OF RIVERSIDE AS FOLLOWS: SECTION l: That in a special session assembled on January 4, 2011, that this council hereby finds and declares to exist a state of local emergency in the City of Beaumont. SECTION 2: That, as it is likely that local resources will be unable to cope with the effects of said emergency, this council request that a copy of this resolution be forwarded to the Governor of the State of California with the request that he proclaim the City of Beaumont to be in a State of Emergency. SECTION 3: That the City Clerk shall forward a copy of this resolution, to the State Office of Emergency Services, to the Riverside County Emergency Services Division, and to all other appropriate state and federal agencies with an interest therein. SECTION 4: That all City officials and employees cooperate and coordinate efforts with officials and employees of the state and federal government in bringing the present condition of local emergency and disaster under control. SECTION 5: That City Manager, Alan Kapanicas, be in charge of directing City efforts during this emergency and that all City officials and employee cooperate with this person in bringing this emergency and disaster under control. SECTION 6: That within the next fourteen (14) days a report on the most recent conditions of the emergency and disaster be presented to the City Council so that this Council may determine whether conditions of emergency and disaster still exist. SECTION 7: That City Manager is hereby designated as the authorized representative of the City of Beaumont for the purpose of receipt, possessing and coordinating of all inquiries and requirements necessary to obtain available state and federal assistance. MOVED, PASSES, and ADOPTED this 4`" day of January, 2011 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Deputy City Clerk CITY OF BEAUMONT Mayor, Brian De Forge Proclamation Declaring the Existence of a Local Emergency Under Government Code Section 8630 and Ordinance No. 461 of the City of Beaumont WHEREAS, Ordinance No. 461 of the City of Beaumont authorizes the City Council of the City of Beaumont to proclaim the existence of a "Local Emergency" and delegates such authority to declare such an emergency to the City Manager if the City Council is not in session; and WHEREAS, that conditions of extreme peril to the safety of persons and property have arisen with the city of Beaumont caused heavy storms, flooding, and high winds; and WHEREAS, the aforesaid conditions of extreme peril warrant and necessitate the proclamation of Local Emergency. NOW THEREFORE IT IS HEREBY PROCLAIMED that a Local Emergency exists throughout the City of Beaumont; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said Local Emergency, the powers, functions, and duties of the Employees of this City shall be those prescribed by State law and the ordinances, resolutions, and approved plans of the City of Beaumont in order to mitigate the effects of Said Local Emergency and BE IT FURTHER RESOLVED AND ORDERED that the EOC Director of his /her successor as outlined in Ordinance No. 461 of the City of Beaumont, is hereby designated as the authorized representative of the City of Beaumont for the purpose of receipt, processing and coordination of all inquiries and requirements necessary to obtain available state and federal assistance. Dated: Decem�ef72, 2010 Kapanias, City Manager/EOC Director ATTEST: ,e., TO: Mayor and Members of the City Council FROM: Alan C. Kapanicas, City Manager DATE: January 4, 2011 SUBJECT: Denial of Utility User Tax Refund Claim by AT &T Mobility Entities BACKGROUND AT &T Mobility, through its law firm McDermott Will & Emery, is claiming a utility user tax refund of $23,614.74 for the period November 1, 2005 through September 30, 2010. They claim they charged and remitted utility users tax on data service during that period. The City's utility user tax ordinance requires, among other things, a claim be made within three years for refund. The period in the claim was for almost five years. FISCAL IMPACT There is no fiscal impact at this time. RECOMMENDATION It is recommended that the City Council: Deny the AT &T Mobility claim for refund of utility user tax in the amount of $23,614.74. Respe 11 submitte lan C. cas City Manager McDermott Will & Emery Boston Brussels Chicago Dusseldorf Houston London Los Angeles Miami Milan Margaret C. Wilson Munich New York Orange County Rome San Diego Silicon Valley Washington, D.C. Attorney at Law mwilson@mwe.com Strategic alliance with MWE China Law Offices (Shanghai) +1212 547 5743 November 3, 2010 To: REFUND CLAIM PROCESSING UNIT Re: AT &T Mobility Claim for Refund of Tax Attributable to Internet Access Services To Whom It May Concern: The documentation included in this mailing constitutes a refund claim seeking a refund of tax that was previously remitted with respect to charges for various wireless services providing Internet access ( "Data Services ") to customers in your jurisdiction. The Data Services are described in detail in the enclosed statement in support of the refund claim. This refund claim is filed by or on behalf of the specific AT &T Mobility affiliate that remitted the tax, as identified on the enclosed refund claim form, and is joined in by the customers from whom tax amounts were collected, to the extent and as explained in the enclosed statement in support. Specifically, this refund claim package includes: (1) A refund claim form identifying the particular AT &T Mobility affiliate that is filing the claim and the total amount of tax on Data Services for which a refund is being claimed (that amount includes only taxes on relevant Data Services; previously remitted taxes related to charges for other goods or services are not included in the refund claim amount); (2) A statement in support of the refund claim, which provides background regarding both the Data Services and the basis for claiming a refund of previously remitted taxes on Data Services; (3) If applicable, a copy of a waiver agreement executed by the relevant AT &T Mobility affiliate at the request of your jurisdiction; (4) A DVD containing encrypted data in support of the refund claim for your jurisdiction, including: a. A listing of the customers from whom AT &T collected tax on Data Services on bills issued from November 1, 2005 through September 7, 2010, which tax amounts are included in the refund claim amount. This schedule provides the total amount of tax on Data Services charged to each customer (net of adjustments), with customers identified at the billing account number level. b. A listing of the total monthly amounts of tax billed on Data Services (net of adjustments) for your jurisdiction from November 1, 2005 through September 7, 2010, which amounts were remitted by AT &T in accordance with your jurisdiction's periodic remittance requirements and which in total equal the aggregate by- customer listing of tax billed on Data Services. (5) A power of attorney form appointing specified attorneys at McDermott Will & Emery LLP as the representatives of AT &T Mobility and its affiliates for purposes of this refund claim (PLEASE NOTE: THIS POWER OF ATTORNEY IS NOT INTENDED TO REPLACE OR SUPERCEDE OTHER POWERS OF ATTORNEY THAT MAY BE ON FILE WITH YOUR JURISDICTION FOR THE APPLICABLE COMPANY). You will receive a separate mailing enclosing a decryption code and instructions for accessing the data files contained on the enclosed DVD. Questions related to the DVD and the data contained therein may be directed to Linda Fisher, AT &T, lf1212@att.com, (561) 7754319. Other questions related to the refund claim may be directed to Margaret Wilson, McDermott, Will & Emery LLP, mwilson@mwe.com, (212) 547 -5743. S' cerely, ar C Ison U.S. practice onducted through McDermott Will & Emery Lea. 340 Madison Avenue New York, New York 10173-1922 Telephone: +1 212 5475400 Facsimile: +1 212 547 5444 www.mwe.com Claim for Refund Of California, Beaumont Utility User Tax This claim for refund of tax is submitted by the following company, an affiliate of ATT Mobility LLC: Affiliate / Taxpayer's Name: Affiliate / Taxpayer's FEIN Business Address: New Cingular Wireless PCS LLC 22- 3330080 11760 U.S. Highway 1 West Tower, Suite 600 North Palm Beach, FL 33408 Description of Tax: Local Utility Users Surcharge Time Period: November 1, 2005 through September 30, 2010 Refund Amount Requested: $23,614.74 Reason: Tax was inappropriately collected from customers of the Taxpayer and remitted to your jurisdiction's tax administration during the above time period as explained in the attached statement. Supporting detailed billing and tax remittance schedules are also enclosed on the DVD. The undersigned certifies that this Claim is made on behalf of the Taxpayer named. I declare, under penalties of perjury that this Claim (including the accompanying schedules and statement) has been examined by me and to the best of my knowledge and belief is true, correct and complete for the purpose stated. Date: /1 -1-16, Linda A.' Asher Assistant Secretary and Director of Tax 1255 Agenda Item No. q , '!�— STAFF REPORT To: Mayor and Council Members From: Community and Economic Development Department Date: January 4, 2011 Subject: Civic Center Campus Update - Parking Lot Expansion Background and Analysis: As part of the overall Civic Center Campus master plan which was approved as part of the acquisition of the Summit School property from Beaumont Unified School District, the City is creating additional parking opportunities in the downtown area. Construction work is proceeding to develop new parking areas on the Summit School site and along Orange Avenue. The parking improvements will make more parking available for the public in the exiting parking lots adjacent to the civic center and will provide improved security and safety for police and other city vehicles. Temporary traffic control devices have been provided along Orange Avenue to redirect traffic around the construction zone. New utility conduits and lighting fixtures are being installed before the new parking areas are paved and stripped. Once the paving is completed, the temporary devices will be replaced with permanent gates and other traffic calming features in order to complete the campus improvements. Recommendation: Staff recommends the RECEIPT and FILE this update report and AUTHORIZATION to complete the civic center campus parking including the closure of Orange Avenue between Sixth Street and Seventh Street and the closure of Seventh Street between Magnolia Avenue and the alley east ofMagnolia Avenue. C City Staff Report TO: Mayor and City Council FROM: City Clerk's Office DATE: January 4, 2011 SUBJECT: Annual Re- Organization of the Beaumont City Council + + + + + + + + + + +++ +++++ +++ + + + + + + + ++. " i .......... " i ....... + + + +++ + ++ In December of 2000 the City Council adopted Resolution No. 2000 -45 (attached) for the establishment of terms of office for the Mayor and Mayor Pro Tempore. Per the Resolution the City Council will reorganize every year in January. The term of the reorganization will be for one year, and that each such officer shall serve a maximum of two consecutive years. Along with the Council Reorganization, the Mayor will appoint Council Members to various boards and committees /commissions that related to the operation of the City of Beaumont including but not limited to WRCOG, RCTC, RTA, RCA, BUSD, STWMA, and BCVR &P District. Recommendation: Entertain nominations for the positions of Mayor and Mayor Pro Tern and Authorize the Mayor to make appointments to the various boards and committees /commissions per the attached list of organizations. 7Respeolfu y Sub ed, Alan Ka icas City Manager Steps for Appointment of Mayor and Mayor Pro Tem 1) Mayor requests staff report and status 2) Clerk's Office a) Request the Council to make nominations for the position of Mayor b) Close Nominations C) Request a vote on the nominations d) Announce the selected Mayor 3) Mayor takes seat 4) Mayor requests staff report and status a) Request the Council to make nominations for the position of Mayor Pro Tem b) Close Nominations C) Request a vote on the nominations d) Announce the selected Mayor Pro Tem 5) Mayor Pro Tem takes seat - O RESOLUTION NO. 2000 -45 X A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ESTABLISHING TERMS OF OFFICE FOR THE MAYOR AND THE MAYOR PRO TEMPORE Recitals WHEREAS, the City of Beaumont is a General Law City, duly organized and existing pursuant to Sections 34000, et M. of the California Government Code; and WHEREAS, the Government Code authorizes the City Council to choose one of its number as Mayor, and one of its aumber as Mayor Pro Tempore; and WHEREAS, ii is the policy of the City Council to promote the rotation of the offices of Mayor and Mayor Pro Tempore among all members of the City Council; and WHEREAS, it is the purpose of this Resolution to establish terms of office for the Mayor and Mayor Pro Tempore. j NOW, THERtFORE, the City Council of the City of Beaumont hereby resolves as follows: Section 1. Term of Ofice. The term of office for the Mayor and for the Mayor Pro Tempore shall be one year each, and that each such officer I(�shall serve a maximum of two consecutive one -year terms if reelected as provided herein. An election 411 be conducted every year in January to elect, or re- elect, as the case may be, the Mayor and Mayo Pro Tempore. To promote tl e rotation of office of Mayor and the office of Mayor Pro Tempore, a member of the City Council m ho has served as such officer for two consecutive one -year terms may be re- elected to the same o ce if such member has not served in that office for two years or more prior to such re- election. The Mayor sb all preside at all meetings of the City Council. If he or she is absent or unable to act, the Mayor Pro Tempore shall serve until the Mayor returns or is able to act. The Mayor Pro Tempore shall have all of the powers and duties of the Mayor in the absence of the Mayor. In the event of � vacancy in the office of Mayor prior to an election, such vacancy shall be filled by the Mayor Prop Tempore. In the event of a vacancy in the office of the Mayor Pro Tempore prior to an election, such vacancy shall be filled by appointment of the City Council at its next regularly- scheduled m I eting following such vacancy. APPROVED AIND ADOPTED this 5th day of December, 2000. CITY OF BEAUMONT By ROGER BERG, Mayor Moved, Passes, and �dopted this 5th day of December, 2000 City Council Appointments to Boards and Commissions 1. WRCOG (Council Member) Alternate (Council Member) I' Monday of each month k 2 p.m. 2. RCTC Board Member (Council Member) Alternate (Council Member) 2nd Wednesday of each month @ 9a.m. 3. RTA Board (Council Member) Alternate (Council Member or at large) 4d' Thursday of the Month k 3 p.m. 4. RCA Committee (Council Member) Alternate (Council Member) I' Monday of each month @I p.m. 5. BUSD Liaison (Council Members) Alternate (Council Member) 2nd and 4'h Tuesday of each month 6. STWMA (Council Member) (Council Member) 4d' Tuesday of each Month @ 3:30 p.m. 7. BCVR &P District (Council Member) Alternate (Council Member) 2nd and 4t` Tuesday of each month @7:00 p.m. 8. BCVWD (Council Member) Alternate (Council Member) 1" Wednesday of each month g 7:00 p.m. 9. T -NOW Alternate 1' Friday of each month @ 12:00 noon 10. PASSCOM 2nd Tuesday of each month @8:30 a.m. 11. Legislative Liaison 12. Joint CityBCVR &P DISTBUSD 13. Mayor's Breakfast 3rd Thursdav of each month na,7:30 a.m. 14. Highland Springs Committee