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HomeMy Public PortalAboutAgendas - May. 17, 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 Workshop Session (5:00 p.m.) Regular Session (6:00 p.m.) Closed Session (after Regular Session) Tuesday, May 17, 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. 6 t Street during normal business hours" WORKSHOP Workshop Session to begin at 5:00 p.m. Place: Civic Center, Room 5 Budget 1) Prioritize Capital Improvement Plan (CIP) Budget 2) Proposed General Fund Budget 3) Proposed Special Funds Budget 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: Homer Spears — Church of Latter Day Saints - Yucaipa Pledge of Allegiance: Boy Scouts Presentation: Proclamation — May is Mental Health Month Presentation of Gratitude - Mormon Helping Hand Presentation — Anti - Degradation Study for Beaumont Management Zone Update 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. Beaumont Charitable Foundation (made up of donations from citizens, employees and contractors) 1) Financial Update on the Beaumont Charitable Foundation 2) Update of Basketball Tournament supporting MDA 3) Update on the Relay or Life Supporting Cancer Research b. Community Information and Local Project Update 1) Financial Update C. Calendar of Events 1) May 18, 2011 — "Run for the Wall" 2) May 19, 2011 — Beaumont Chamber of Commerce "Burning the Mortgage" 3) May 21, 2011 — Miss Beaumont Queens Pageant - CRC 4) May 26, 2011 — Dedication Ceremony Recognizing for 1st Lt. Joshua M. Palmer /Spc. Michael Dahl, Jr. — Highland Springs Medical Center 5) May 28, 2011 — Breezin' Through Beaumont/Cherry Festival Car Show —Civic Center 6) May 28 — 29, 2011 - 2nd Annual Ho'olaule'a Hawaiian Festival — BCVRPD 7) May 28, 2011 — Beaumont Municipal Pool Opens 8) May 30, 2011 — Memorial Day Ceremony — Beaumont Civic Center 11 am 9) June 2 -5, 2011 — Cherry Festival — Stewart Park 10) June 11, 2011 — Disc Golf Tournament — MDA Fundraiser Event 11) July 4, 2011 — Independence Day Celebration /Concerts in the Park 12) 1st Wednesday of each Month — Beaumont Care Awareness Team 13) Second and Third Wednesday of Each Month — Story Time Cafe d. Rumor Control, and Report on Oral and Written Communications 1) Commercial Vehicle Signage Installed 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 May 3, 2011 C. Approval of the Warrant List for May 17, 2011. d. Adoption of Ordinance No. 997 - An Ordinance of the City Council of the City of Beaumont, California Amending Sections 8.08.130, 8.28.020, 8.32.520, 8.36.140, 8.46.050, 8.50.100.5B, 9.02.090, 9.04.040, 9.10.050, 9.12.060, 9.22.050, 9.30.030, 9.32.050, 9.36.060, 12.16.120, 12.24.030, 12.28.040, 13.04.160, 13.08.650 and 13.12.020 of the Beaumont Municipal Code (Provides for uniform penalty provision throughout the BMC.)Adoption of Ordinance No. 992 at its 2nd reading — An Ordinance of the City Council of the City of Beaumont, California Repealing Section 5.26 "Solicitation" and Amending Chapter 5.64 entitled "Commercial Peddlers, Solicitors and Itinerant Merchants e. Approval of Improvement Agreement for Plot Plan 04 -PP -18 (WINCO) Located South of State Route 60, North of Fourth Street & Northwest of the Beaumont Wastewater Reclamation Facility f. Denial of Claim — Rosemary Morgan g. Denial of Claim — Michelle Luna h. Denial of Claim — Don Yaryan and Robert E. Schaefer i. Approval of Funding Request for the Beaumont Charitable Foundation for Amanda Hendey j. Approval of Task Order for Water Quality Management and Engineering Services k. Adoption of Resolution No. 2011 -08 — A Resolution of the City Council of the City of Beaumont Adopting a Public Records Retention and Destruction Policy 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. Pass Transit's Fixed Route 2 Re- Evaluation Recommendation: Hold a Public Hearing and Approve the proposed changes to Route 2 to be effective May 23, 2011. b. Preliminary General Fund and Preliminary Special Fund Budget Recommendation: Approve the Preliminary General and Special Fund Budgets and set the Public Hearing for June 7, 2011 at 6:00 p.m. 5. CLOSED SESSION Closed Session to begin after regular session Place: City Manager Conference Room a. Pursuant to Government Code Section 54956.9(b) - Anticipated Litigation — Conference with Legal Counsel — Significant Exposure to Litigation 1) One Zoning Case b. Pursuant to Government Code 54956.9 (a)— Existing Litigation 1) Western Riverside Council of Governments vs City of Beaumont RIC 536164 2) Cashmer vs. RIC 541427 3) Outdoor Media Group vs City Adjournment of the City Council Meeting at p.m. 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 Proclamation -City of Beaumont - WHEREAS, Mental illness can impact anyone, regardless of age, background, employment, education and income level; and WHEREAS, mental illness usually strikes individuals in the prime of their lives, often during adolescence and young adulthood, although the very young and the elderly are especially vulnerable; and WHEREAS, many treatments for serious mental illness, in combination with treatment and recovery supports, are highly effective, allowing people to maintain their quality of life and their involvement with their families and communities; and WHEREAS, the National Institute of Mental Health reports that one in four adults — approximately 57.7 million Americans — experience a mental health disorder in a given year; and WHEREAS, the United States Surgeon General reports that 10 percent of children and adolescents in the united states suffer from serious emotional and mental disorders that cause significant functional impairment and that half of all Americans experience a mental disorder at some time in their lives; and WHEREAS, recent population data suggest that nearly 140,000 people of all ages in Riverside County may be impacted by serious mental health illness and may seek treatment from a variety of community resources; and WHEREAS, the Mental Health America has promoted the observance of May is Mental Health Month" since 1949 in order to increase awareness and understanding of mental health; and WHEREAS, the Riverside County Mental Health Board is presenting "Live Life Well", a mental health fair on Thursday, May 19, 2011 at Bordwell Park in Riverside in support of the May is Mental Health Month observance; and WHEREAS, encourage awareness of mental health issues and promoting wellness and recovery for those with mental health needs are important values for every community; THEREFORE, I, Brian DeForge, do hereby proclaim May 2011 Mental Health Month in the City of Beaumont. As the Mayor, I also call upon all Beaumont citizens, government agencies, public and private institutions, businesses and schools to recommit our community to increasing awareness and understanding of mental illness, improving the array of mental health services for consumers of all ages, and expanding the supply of affordable, supportive housing for people living with mental illness. Mayor DeForge ATTEST: Deputy City Clerk DATE: TO: FROM: SUBJECT: City of Beaumont 550 East 6th Street Beaumont, CA 92223 (951) 769 -8520 FAX (951) 769 -8526 May 17, 2011 City Council Alan Kapanicas, City Manager 2011 -12 Budget Schedule January 18, 2011 — Present census of currently budgeted employee positions compared to actual. Present listing of current City contracts. (COMPLETED) February 1, 2011 — Council requests to staff to review changes in employee positions and /or current City contracts. (NO CHANGE REQUESTS MADE BY COUNCIL) February 15, 2011 — Staff response to Council requests from February 1, 2011 meeting. (COMPLETED) March 1, 2011 — Contract discussion per Council member request and Staff decision packages presented to Council and programs are prioritized. Council asked for their program additions, deletions or modifications. (COMPLETED) April 5, 2011 — Review of staff decision packages and Council requested programs. (COMPLETED) April 19, 2011 — Staff is in the process of preparing general and special fund budgets. (COMPLETED) May 3, 2011 — Preliminary general and special fund budgets presented to Council. (COMPLETED) May 17, 2011 — General and special fund budgets are presented for Council approval. Public hearing is set for June 7, 2011. Capital projects are prioritized by Council. June 7, 2011 — Hold public hearing and adopt 2011 -12 general and special fund budgets. Preliminary capital budget is presented for approval and public hearing is set for June 21, 2011. June 21, 2011 — Final adopted general and special fund budget document is presented to Council and available to the public via the City website. Hold public hearing and adopt 2011 -12 capital budget. E� z 0 w w O F� U H W A � z A � � w � a A W � W a W a � d N O N O M z ti z A a w a v W x H a 0 O O O (CA O > -ti 00 00 -z; N Cl� � N � � 46oqGq r,-S rQoq � a > (CA 4 > -ti W a x -z; � � w � a (� N � O Q � Q U Q � LL Q � CG F- W W � O O O O O O O N U N N O � O O va. C� vi vi N N �o 0o O 0 O .-- O 0:. N O cV l- ^- m O kr) O O Il N O W') M 00 \ M vl V' r•^ r- 00 M M M 00 O p 0 0 0 M �c "'." `. �p N Q� °o ON N, o Cl d' Cl 00 CD O •O a � N '. \.6 N.. 00 L M �c 0 O O N N O 0 0 O N C1 V'1 k Vl M V'1 00 M \O 00 kn N 00 Cl, N N oo N v v'i l N N ll- M O v1 N N OM T C� kK M L c N [ r O M -� N o C/1 U U C O a U >' vi vi N N �o 0o O 0 O (0 O 0:. 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VD w Q a o a v ¢ ° U w cG cC E > Q U U w Beaumont Charitable Foundation Financial Status as of April 30, 2011 Revenues City of Beaumont 8,715 INCA 1,000 Employees /Vendors /Community 15,411 Adopt a Cop 3,133 PD Explorers 500 Beaumont Youth Activites League 1,264 Pass Area Youth Court 605 Shop with a Hero 2,760 MDA, net 12,510 Expenses Anaheim PD (500) BCVRPD (200) Chad Devlin (5,989) Burn Institute (1,000) Fredrick Steward (4,337) Smiles for Seniors (3,000) Leonard Ceniceros (3,300) Brittany Ramos (3,000) Special Olympics (1,000) Don Messler (1,300) Adopt a Cop (3,133) Beaumont Youth Activities League (160) Pass Area Youth Court (289) Shop with a Hero (2,437) Relay of Life (1,500) Net 14,/73 Designated: PD Explorer Post 500 Shop with a Hero 323 Beaumont Youth Activities League 1,104 Pass Area Youth Court 316 MDA 12,510 14,753 Amount available for undesignated use: 5/11/2011 City of Beaumont General Fund Revenue and Expenditures April 30, 2011 Licenses and permits: Building permits 625,000 253,621 0 253,621 (371,379) 59% Other licenses and permits 83,333 133,372 0 133,372 50,039 60% 708,333 386,993 0 386,993 (321,340) -45% Intergovernmental revenue: Motor vehicle in lieu 2,750,000 1,430,639 890,000 2,320,639 (429,361) -16% Other revenue 0 0 0 0 0 0% 2,750,000 1,430,639 890,000 2,320,639 (429,361) -16% Charges for services: Actual- Accruals/ Adjusted Variance Interest Building & Development 10 Months Cash Basis Adjustments Balance Favorable Percentage Police services Budget 4/30/2011 4/30/2011 4/30/2011 (Unfavorable) Difference REVENUES 3,500,000 2,225,122 600,000 2,825,122 (674,878) -19% Taxes: 20,833 18,143 0 18,143 (2,690) -13% Property taxes 3,333,333 1,954,150 950,000 2,904,150 (429,183) -13% Sales taxes 2,683,333 2,597,930 165,000 2,762,930 79,597 3% Utility Users tax 1,125,000 1,116,206 0 1,116,206 (8,794) -1% Franchises 604,167 596,806 0 596,806 (7,361) -1% Business Licenses 150,000 56,483 95,000 151,483 1,483 1% T.O.T. 187,500 144,689 43,000 187,689 189 0% TOTAL EXPENDITURES 8,083,333 6,466,264 1,253,000 7,719,264 (364,069) -5% Licenses and permits: Building permits 625,000 253,621 0 253,621 (371,379) 59% Other licenses and permits 83,333 133,372 0 133,372 50,039 60% 708,333 386,993 0 386,993 (321,340) -45% Intergovernmental revenue: Motor vehicle in lieu 2,750,000 1,430,639 890,000 2,320,639 (429,361) -16% Other revenue 0 0 0 0 0 0% 2,750,000 1,430,639 890,000 2,320,639 (429,361) -16% Charges for services: Interest Building & Development 1,666,667 1,945,576 0 1,945,576 278,909 l7% Police services 16,667 44,232 0 44,232 27,565 165% Refuse collection 3,500,000 2,225,122 600,000 2,825,122 (674,878) -19% Swimming pool 20,833 18,143 0 18,143 (2,690) -13% Recreation program 29,167 47,032 0 47,032 17,865 61% PASIS Services 12,500 14,000 0 14,000 1,500 12% Miscellaneous 25,833 12,414 0 12,414 (13,419) -52% Other transfers 5,271,667 4,306,519 600,000 4,906,519 (365,148) -7% Fines and forfeitures: General and vehicles 291,667 177,759 50,000 227,759 (63,908) -22% Use of money and property: Interest 1,500,000 118 1,500,000 1,500,118 118 0% Property Rental 66,667 65,885 0 65,885 (782) -1% Miscellaneous 2,500 150,735 0 150,735 148,235 5929% 400,000 1,569,167 216,738 1,500,000 1,716,738 147,571 9% Other financing sources: Admin O/H allocation 1,666,667 0 1,670,000 1,670,000 3,333 0% Sale of property 0 295 0 295 295 100% Cost recovery 833,333 435,886 400,000 835,886 2,553 0% Abandoned Vehicle 1,667 9,573 0 9,573 7,906 474% Grant revenue 83,333 0 83,000 83,000 (333) 0% Gas Tax transfer 333,333 0 334,000 334,000 667 0% Bond Administration 2,500,000 0 2,500,000 2,500,000 0 0% Other transfers (388,333) (355,063) (700,000) (1,055,063) (666,730) 172% 5,030,000 90,691 4,287,000 4,377,691 (652,309) -13% TOTAL REVENUES 23,704,167 13,075,603 8,580,000 21,655,603 (2,048,564) -9% TOTAL EXPENDITURES 23,704,167 19,809,976 1,822,000 21,631,976 2,072,191 9% NET 0 (6,734,373) 6,758,000 23,627 23,627 0% 5/11/2011 City Manager (1 100): Salaries and benefits 250,000 0 0 0 250,000 0% Operations and materials 21,667 155,813 0 155,813 (134,146) - 619% 271,667 155,813 0 155,813 115,854 43% City Clerk (1150): Salaries and benefits 1,667 1,433 0 1,433 234 14% Operations and materials 26,667 26,422 0 26,422 245 1% 28,333 27,855 0 27,855 478 2% Admin. Services (1200): Salaries and benefits 1,131,667 City of Beaumont 50,000 1,066,243 65,424 % Operations and materials General Fund Revenue and Expenditures 286,313 0 286,313 52,020 155% April 30, 2011 0 0 0 0 0 0% Actual- Accrual Variance 50,000 1,352,556 10 Months Cash Basis Accruals Balance Favorable Percentage 221,278 Budget 4/30/2011 4/30/2011 4/30/2011 (Unfavorable) Difference EXPENDITURES City Council (1050): Salaries and benefits 59,167 58,499 0 58,499 668 1% Operations and materials 90,000 17,123 50,000 67,123 22,877 25% 149,167 75,622 50,000 125,622 23,545 16% City Manager (1 100): Salaries and benefits 250,000 0 0 0 250,000 0% Operations and materials 21,667 155,813 0 155,813 (134,146) - 619% 271,667 155,813 0 155,813 115,854 43% City Clerk (1150): Salaries and benefits 1,667 1,433 0 1,433 234 14% Operations and materials 26,667 26,422 0 26,422 245 1% 28,333 27,855 0 27,855 478 2% Admin. Services (1200): Salaries and benefits 1,131,667 1,016,243 50,000 1,066,243 65,424 % Operations and materials 338,333 286,313 0 286,313 52,020 155% Capital equipment 0 0 0 0 0 0% Capital equipment 1,470,000 1,302,556 50,000 1,352,556 117,444 8% Information Technology (1250): Salaries and benefits 0 7,321 0 7,321 (7, 100% Operations and materials 229,167 188,957 25,000 213,957 15,21210 0 7% Capital equipment 0 0 0 0 0 0% 229,167 196,278 25,000 221,278 7,889 3% Legal /Claims Admin (1300): Salaries and benefits 166,667 156,615 7,000 163,615 3,052 2% Operations and materials 166,667 299,150 (50,000) 249,150 (82,483) -49% 333,333 455,765 (43,000) 412,765 (79,432) -24% Community Dev. (1350): Salaries and benefits 689,167 261,979 10,000 271,979 417,188 61 % Operations and materials 228,333 163,399 39,000 202,399 25,934 11% 917,500 425,378 49,000 474,378 443,122 48% General Govt. (1450): Salaries and benefits Operations and materials Capital equipment 66,667 60,069 2,000 62,069 4,598 7% 208,333 163,873 0 163,873 44,460 21% 0 0 0 0 0 0% 275,000 223,942 2,000 225,942 49,058 12S% Community Services (1550): Salaries and benefits Operations and materials Capital equipment 5/11/2011 City of Beaumont General Fund Revenue and Expenditures April 30, 2011 590,833 487,317 39,000 526,317 64,516 1 1 /0 CRC (1600): Salaries and benefits 35,833 19,727 1,000 20,727 15,106 42% ° Operations and materials 99,167 125,963 0 125,963 (26,796) 27 0 135,000 145,690 1,000 146,690 (11,690) -9% Animal Control (2000): Salaries and benefits Actual- 121,806 Accrual Variance 91,527 42% 10 Months Cash Basis Accruals Balance Favorable Percentage Budget 4/30/2011 4/30/2011 4/30/2011 (Unfavorable) Difference 254,167 227,479 5,000 232,479 21,688 9% 7,690,680 422,500 406,388 9,000 415,388 7,112 2% 168,333 80,929 30,000 110,929 57,404 34% 0 0 0 0 0 0% 590,833 487,317 39,000 526,317 64,516 1 1 /0 CRC (1600): Salaries and benefits 35,833 19,727 1,000 20,727 15,106 42% ° Operations and materials 99,167 125,963 0 125,963 (26,796) 27 0 135,000 145,690 1,000 146,690 (11,690) -9% Animal Control (2000): Salaries and benefits 218,333 121,806 5,000 126,806 91,527 42% Operations and materials 35,833 105,673 0 105,673 (69,840) 195% Capital equipment 0 0 0 0 0 0% 254,167 227,479 5,000 232,479 21,688 9% Police (2050): Salaries and benefits 8,238,333 6,704,026 325,000 7,029,026 1,209,307 15% Operations and materials 1,166,667 917,912 166,000 1,083,912 82,755 7% Capital equipment 0 68,742 0 68,742 (68,742) -100% 1,086,667 9,405,000 7,690,680 491,000 8,181,680 1,223,320 13% Emergency Services (2080): Salaries and benefits 93,333 94,509 2,000 96,509 (3,17 -3% Operations and materials 50,000 7,929 0 7,929 42,071 1 84% 143,333 102,438 2,000 104,438 38,895 27% Public Support Services (2090): Salaries and benefits Operations and materials Capital Equipment 1,475,000 1,282,990 100,000 1,382,990 92,010 b% 1,475,000 1,264,498 100,000 1,364,498 110,502 7% 0 18,492 0 18,492 (18,492) -100% 0 0 0 0 0 0% Fire (2100): Salaries and benefits Operations and materials Capital equipment 110,000 81,044 5,000 86,044 23,956 22% 1,608,333 925,918 550,000 1,475,918 132,415 8% 0 0 0 0 0 0% 1,718,333 1,006,962 555,000 1,561,962 156,371 9N Building Inspector (2150): Salaries and benefits 800,000 708,454 15,000 723,454 76,546 10% Operations and materials 286,667 89,423 40,000 129,423 157,244 55% Capital equipment 0 0 0 0 0 0% 1,086,667 797,877 55,000 852,877 233,790 22% 5/11/2011 City of Beaumont General Fund Revenue and Expenditures April 30, 2011 Refuse (4500): -4% Operations and materials 1,666,667 1,431,850 300,000 1,731,850 (65,183) Parks (6050): Salaries and benefits 1,149,167 Actual- 40,000 Accrual Variance 10% 6% Operations and materials 10 Months Cash Basis Accruals Balance Favorable Percentage Capital equipment Budget 4/30/2011 4/30/2011 4/30/2011 (Unfavorable) Difference Public Works (3100): 90,000 86,152 0 0 0 0% Salaries and benefits 0 165,833 0 52,513 25,000 77,5 l3 88,320 88,320 o 53 % Operations and materials 165,833 52,513 25,000 77,513 _4% Senior Center (6100): Street Maintenance (3250): 256,667 176,380 15,000 191,380 65,287 25% Salaries and benefits 508,333 928 0 928,883 (420,550) -83% Operations and materials 765,000 °883 1,105,263 15,000 1,120,263 (355,263) -46% 0 93,333 Street Lighting (3350): 73,333 84,486 4,000 88,486 (15,153) -21% Salaries and benefits 208,333 355,197 0 355,197 (146,864) -70% Operations and materials 281,667 439,683 4,000 443,683 (162,016) -58% Refuse (4500): -4% Operations and materials 1,666,667 1,431,850 300,000 1,731,850 (65,183) Parks (6050): Salaries and benefits 1,149,167 995,929 40,000 1,035,929 113,238 (58,207) 10% 6% Operations and materials 939,167 947,374 50,000 0 9,374 10,411 10 (10,41 -100% Capital equipment 0 2,088,333 10,411 1,953,714 90,000 2,043,714 44,619 9 2% Graffiti Removal (6060): 90,000 86,152 4,000 90,152 (152) 0% Salaries and benefits 6,667 9,929 0 9,929 ( 3 262 ) -49% Operations and materials 96,667 96,081 4,000 100,081 (3,414) _4% Senior Center (6100): 77,500 74,197 3,000 77,197 303 0% Salaries and benefits 15,833 14,234 0 14,234 1,599 10% Operations and materials 0 0 0 O% Capital equipment 0 93,333 0 88,431 3,000 91,431 1,902 2% Pool (6150): Salaries and benefits Operations and materials Capital equipment TOTAL EXPENDITURES SUMMARY: Salaries and benefits Operations and materials Capital expenditure 37,500 17,500 0 17,500 20,000 6,368 53% 24% 26,667 20,299 0 20,299 0 0% 0 64,167 0 37,799 0 0 0 37,799 26,368 41% 23,704,167 19,809,976 1,822,000 21,631,976 2,072,191 9% 15,442,500 12,397,255 597,000 12,994,255 2,448,245 14% 8,261,667 7,333,568 1,225,000 8,558,568 (296,901) 100% 0 79,153 0 79,153 (79,153) 23,704,167 19,809,976 1,822,000 21,631,976 2,072,191 9% Please join us for a recognizing all who have served our country and a special memorial honoring two fallen soldiers from our cities of Banning and Beaumont. 1st Lt. Joshua M. Palmer United States Marine Corps aw,el 0.! f .. . i o• ..o RMAVY Benefiting the 0 Start at 550 E. 6th St Beaumont CA Pre- Register by 5/13/2011 e istration begins 6:30 a.m. day of rac Registration O o 0 T- shirts provided to all runners Top 3 finishers men's and women's overall 5k and 10k C�, �/�Y'c o l�� o Pre - registered runners: $20/5k- $25/10k Race day registration: $30/5k - $35/10k Senior citizens and children under 12yyrr-.$15(pf� 9 $2 ONLY) ,,gyp �a (nrw for 2011): $0 for a group Each additional lah; �: $ 10 - savings of $5 il 4 Each addition o• 111MD goo o•:•• .4P .' •.P Form information or to register contact us at: (951) 769-8520 or m or breezinthroughbeaumont @ci.beaumont.ca.us ..S �C N N O • PRE -PAID ENTRY OF $25.00 MUST BE RECEIVED NO LATER THAN MAY 25,2011- $30.00 DAY OF EVENT PLEASE PRINT OR TYPE: This form must be COMPLETELY filled out, and accompanied by check in order to be accepted. Detach form at dotted line and return to address shown below Stewart Park Owners Name Phone ( ) Street Address. City 9th & Orange State Zip Fax # ( ) - Email Address Cell # ( ) Make Model Year Beaumont, California I agree to hereby hold harmless the Cherry Fest Car and Motorcycle Show andlor Kiwanis Club of Beaumont, City of Beaumont its volunteers and participants of the Chem Fest Car and Motorcycle Show from any claims. damage, injury or loss regarding the event. By signing below, I hereby agree to take full responsibility for myself, my vehicle and my actions and 1 do not hold anyone helping with the show from and against all Liability otloss that participant and / or participants guest, including but not pre -paid entry limited to family and relatives, may sustain or incur as a result of claims, demands or judgment arising from the participants involvement in the Cherry Fest Car and Vehicle owners'p $25.00 Vehicle owners' personal insurance will eover vehicle and personal propeAy before, during and after the event. Signature Check# Amount $ (includes t- shirts and lunch) Make checks payable to Beaumont Kiwanis and mail to: Beaumont Kiwanis Day of the Event: Additional T -Shirts $12 S -XL $15 XXL -XXXL Attn Buzz Dopt Quantity of Shirts Desired: 10486 wnesap avenue 530.00 S M L XL XXL XXXL Cherry Valley, Ca 92223 0 City of Beaumont Community Services Department "...cherish tenderly the memories of our heroic dead who made their breasts a barricade between our country and its foes ". Major General John A. Logan United States Army May 30th, 1868 0 ,c, The City of Beaumont will honor and pay tribute to those service members we have lost on the battle field and at home. All public is welcome to join and observe the ceremony being held at the Beaumont Civic Center at 550 E. 6th Street on Monday, May 3 0th at 11 am. Do you have a loved one who served and has passed on? You can honor them by placing their name on the Veteran Memorial at the Civic Center. It is required that they lived in either Beaumont or Cherry Valley at the time of service or the time of death. You can find an application at the Albert A. Chatigny Sr. Community Recreation Center or download one from the Beaumont City Website - www.ci.beaumont.ca.us (Application due no later than May 6th) Must show proof of death MEMORIAL DAV � MAY 3 07' 1 I,' 4 1 1 #: 11:0 0AA&I Thursday June 2nd Friday June Ad Saturday Sunday June Sth S:OOpm 7 :19Opm SVOpm 8 :OOpm 12:OOpm 6:OOpm 9:OOpm 12: DOpm 3:OOpm c: jam with "` the Man Restless Heart The Basix War Local Groups Mini IfISS Air Supply The Superfreaks The Basix Brenton Wood CITY OF BEAUMONT PRESENTS THE LP A , .,; ~fir- ra �4x.- a w 7n FEATURING a�(�, Il Beaumont's 5th Annual Summer Concert Series kicks off with a BANG on Monday, July 4th, 2011! Join The City of Beaumont as we celebrate our nation's birth in style, with a FREE live concert! Filling the night with the sounds of summer are The Basix at 5pm & Three Dog Night at 7:30pm Followed by Beaumont's amazing Pyro Spectacular! This event is FREE of charge and open to all. Food and Beverages will be available for purchase and there will be games and activities for the kids. Remember to bring your lawn chairs or blankets, barbeques or picnics, and of course your family and friends! You can find the fun at Stewart Park in Beaumont, on 9th and Orange Streets. Festivities begin at 5:00pm - For more info, call 951 - 769 -8524 '03 r'17i ��i 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, May 3, 2011 WORKSHOP: Began at 5:00 p.m. Location: Beaumont Civic Center, Room 5 1) Preliminary General Fund Budget 2) Preliminary Special Funds Budget REGULAR SESSION called to order: 6:03 p.m. Roll Call: Mayor De Forge, Mayor Pro Tern Berg, Council Member Castaldo, and Council Member Gall were present. Council Member Fox was excused. Invocation: Pastor Tim Cowell - Fellowship in the Pass Pledge of Allegiance: Girl Scouts Presentation: Proclamation - Peace Officer Memorial Day Gabe Salinas - BCVRP District - Presented a check for MDA Adjustments to Agenda: None Oral and Written Communications: Ann Connors - Truck Route Signage Judy Bingham - Contracts Nancy Hall - Animal Care for the County of Riverside and City Directors Positions 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 - Burn institute Golf Tournament, State of the City Luncheon, Volunteer Recognition Lunch at the CRC b) Mayor Pro Tem Berg - RCTC Update, RCA Update, WRCOG Update c) Council Member Castaldo - Noble Creek Egg Hunt, LDS Church Volunteered painting the fencing at Stewart Park, Dedication of the Memorial Wall at the Parks District, Ice Cream Social at Tournament Hills Community Meeting d) Council Member Fox - Excused e) Council Member Gall - Best Depiction of California presented and displayed in Washington DC 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. Beaumont Charitable Foundation (made up of donations from cia:ens, employees and contractors) b. Community Information and Local Project Update 1) Economic Development Report & Stimulus Plan Update 2) Budget Update 3) Sales Tax Update C. Calendar of Events 1) May 5, 2011 — Charity Basketball Tournament (MDA Fundraiser) — CRC 2) May 5, 2011 — National Day of Prayer - 7:30 a.m. - CRC 3) May 7, 2011 - Little Miss Beaumont 2011 - CRC 4) May 14 -15, 2011 — Relay For Life — Sports Park 5) May 18, 2011 —"Run for the Wall" 6) May 19, 2011 — Beaumont Chamber of Commerce "Burning the Mortgage" 7) May 21, 2011 — Miss Beaumont Queens Pageant - CRC 8) May 26, 2011 — Dedication Ceremony Recognizing for 1s` Lt. Joshua M. Palmer /Spc. Michael Dahl, Jr. — Highland Springs Medical Center 9) May 28, 2011 — Breezin' Through Beaumont/Cherry Festival Car Show —Civic Center 10) May 28 —29,2011 - 2nd Annual Ho'olaule'a Hawaiian Festival — BCVRPD 11) May 30, 2011 — Memorial Day Ceremony — Beaumont Civic Center 11 am 12) June 2 -5, 2011 — Cherry Festival — Stewart Park 13) June 10, 2011 — Beaumont Municipal Pool opens for the summer 14) June 11, 2011 — Disc Golf Tournament — MDA Fundraiser Event 15) July 4, 2011 — Independence Day Celebration /Concerts in the Park 16) 1 s` Wednesday of each Month — Beaumont Care Awareness Team 17) Second and Third Wednesday of Each Month — Story Time Cafe d. 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 April 19, 2011 C. Approval of the Warrant List for May 3, 2011. d. Adoption of Ordinance No. 996 at its 2nd reading — An Ordinance of the City Council of the City of Beaumont, California Amending Chapter 15 of the BMC RE: Building and Construction e. Adoption of Ordinance No. 992 at its 2nd reading — An Ordinance of the City Council of the City of Beaumont, California Repealing Section 5.26 "Solicitation" and Amending Chapter 5.64 entitled "Commercial Peddlers, Solicitors and Itinerant Merchants f. Adoption of Resolution 2011 -07 — A Resolution of the City of Beaumont in Opposition to the Governor's Realignment Proposal to Shift Adult Parole Programs, Services and Supervision from State to Local Governments g. Denial of Claim — Don Yaryan and Robert E. Schaefer h. Acceptance of Quitclaim Deed to KB Homes to Relinquish City's Interest for Lots in Seneca Springs i. Receive and File the Update on Compliance with Maximum Benefit Requirements Recommendation: Approval of the Consent Calendar as presented. Pull Item 3.h and to be discussion and considered as item 4.c Motion by Council Member Berg, Seconded by Council Member Castaldo to approve the Consent Calendar with the exception of item 3.h as presented. Vote: 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. Ordinance No. 997 - An Ordinance of the City Council of the City of Beaumont, California Amending Sections 8.08.130, 8.28.020, 8.32.520, 8.36.140, 8.46.050, 8.50.100.513, 9.02.090, 9.04.040, 9.10.050, 9.12.060, 9.22.050, 9.30.030, 9.32.050, 9.36.060, 12.16.120, 12.24.030, 12.28.040, 13.04.160, 13.08.650 and 13.12.020 of the Beaumont Municipal Code (Provides for uniform penalty provision throughout the BMC.) Recommendation: Hold a Public Hearing and approve the 1st reading of Ordinance No. 997 as presented. Staff report as given by Keith Hightower. Open Public Hearing at 7:08 p.m. No Speakers Closed Public Hearing 7:09 p.m. Motion by Council Member Castaldo, Seconded by Council Member Berg to approve the 1st reading as presented. Vote: 4/0 b. Negative Declaration and Streambed Agreement for the Brookside Avenue Bridge Crossing of Noble Creek Recommendation: Hold a Public Hearing, Adopt Negative Declaration No. 11- ND -03, Approve the Project Progress Report and Approve of the Streambed Alteration Agreement with CDFG, Notification No. 1600 - 2010 - 0118 -R6, subject to the authority of the City Attorney to make changes. Staff report was given by Kyle Warsinski Open the Public Hearing 7:10p.m. No Speakers Closed Public Hearing 7:11 p.m. Motion by Council Member Gall, Council Member Castaldo to approve as presented. Vote: 4/0 c. Acceptance of Quitclaim Deed to KB Homes to Relinquish City's Interest for Lots in Seneca Springs. Motion by Council Member Gall, Seconded by Council Member Berg to approve as presented. Vote: 4/0 Adjournment of the City Council Meeting at 7:14 p.m. City Manager AGENDA ITEM NO. 3 . 074665- 074683 Checks EFT 554 -559 ACH EFT 332 -347 Credit Card WARRANT LIST CITY COUNCIL MEETING May 17, 2011 $623,326.73 $455,694.37 $153,515.57 Voids 074763, 074774 - 075608 (printer error), 075610 Payroll PPE 04/28/11 $404,259.50 Taxes Mutual of Omaha PPE 04/14/11 $ 36,394.00 PPE 04/14/11 $ 338.64 Cal PERS PPE 04/14/11 $ 110,394.26 Ameriflex 05/02/11 $190.00 05/09/11 $50.00 Board of Equalization 05/03/11 $10,929.00 Affant Comm. 05/02/2011 $1,585.49 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, 2011. 1 04 SIGNATURE: ,v K TITLE: T Aa1tc IC nnj#� City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 074665 04/29/2011 KAD PAVING COMPANY 13,850.00 SERVICES 074666 04/29/2011 THOMASARCE 150.00 WELLNESS REIMBURSEMENT 074667 04/29/2011 THOMAS ARCE 1,432.84 DENTAL REIMBURSEMENT 074668 04/29/2011 TASO TECH, INC 3,360.00 SERVICES 074669 04/29/2011 AAA HAULAWAY 1,435.00 SERVICES 074670 04/29/2011 MELINDAABBOTT 75.00 WELLNESS REIMBURSMENT 074671 04/29/2011 ADVANTAGE LANDSCAPE 900.00 SERVICES 074672 04/29/2011 AMA ENTERPRISES 424.13 UNIFORMS 074673 04/29/2011 BANNING VETERINARY HOSPITA 128.00 ANIMAL CARE 074674 04/29/2011 BEAUMONT- CHERRY VALLEY W/ 1,629.95 WATER SERVICE 074675 04/29/2011 BEAUMONT LAWNMOWER 1,544.21 MAINTENANCE SUPPLIES 074676 04/29/2011 BEAUMONT CAFE & RESTAURAN 1,498.86 VOLUNTEER LUNCH 074677 04/29/2011 BIG TEX TRAILERS 181.01 MAINTENANCE SUPPLY 074678 04/29/2011 JUDY BINGHAM 14.25 OVER PAYMENT REFUND 074679 04/29/2011 HEATHER BOMER 80.40 DENTAL REIMBURSEMENT 074680 04/29/2011 CELINACABRERA 114.00 WELLNESS REIMBURSEMENT 074681 04/29/2011 CALIMESA CHMABER OF COMME 60.00 LUNCHEON CASTALDO & DEFORGE 074682 04/29/2011 CASP PROGRAM 500.00 TRAINING 074683 04/29/2011 JESUS CASTRO 4,487.04 WELLNESS REIMBURSEMENT 074684 04/29/2011 CHAPARRAL SUITES HOTEL 422.92 HOTEL FOR TRAINING 074685 04/29/2011 SARA CHAVEZ 90.75 OVER PAYMENT 074686 04/29/2011 CHRISTINA BOWSER 135.00 WELLNESS REIMBURSEMENT 074687 04/29/2011 Gregory Cinko 150.00 WELLNESS REIMBURSEMENT 074688 04/29/2011 CINTAS CORPORATION #150 294.99 UNIFORM 074689 04/29/2011 CITY OF BANNING 1,732.00 ANIMAL CARE 074690 04/29/2011 CITY OF CALIMESA 700.00 ANIMAL CARE SERVICE 074691 04/29/2011 JOHN COMBADO 404.08 DENTAL REIMBURSEMENT 074692 04/29/2011 CONSOLIDATED ELECTRICAL DI; 628.40 MAINTENANCE SUPPLIES 074693 04/29/2011 CSG SYSTEMS 2,218.35 SERVICES 074694 04/29/2011 THOMAS D'ALESSANDRO 45.00 WELLNESS REIMBURSEMENT 074695 04/29/2011 SCOT DAVIS 374.50 DENTAL REIMBURSEMENT 074696 04/29/2011 DC FROST ASSOCIATES, INC 6,696.00 SUPPLIES 074697 04/29/2011 REBECCA DEMING 231.00 WELLNESS REIMBURSEMENT 074698 04/29/2011 CHAD DEVLIN 150.00 WELLNESS REIMBURSEMENT 074699 04/29/2011 DINERS CLUB 3,942.53 CREDIT CARD 074700 04/29/2011 DIRECTV 86.99 TV SERVICE Printed 05/10/2011 8:14:51AM Page 1 of 5 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 074701 04129/2011 JEREMY DORROUGH 1,097.00 EDUCATION REIMBURSEMENT 074702 04/29/2011 LIAM DOYLE 548.50 EDUCATION REIMBURSEMENT 074703 04/29/2011 ENVIRONMENTAL WATER SOLUI 1,996.00 SERVICES 074704 04/29/2011 EVERBRIDGE , INC 17,500.00 SERVICES 074705 04/29/2011 YOLANDA FIELDS 150.00 WELLNESS REIMBURSEMENT 074706 04/29/2011 GERALDINE FRANCO 200.00 DENTAL REIMBURSEMENT 074707 04/29/2011 GENERAL GOVERNMENT 7,864.00 SERVICES 074708 04/29/2011 SIOMARA GIROUX 349.00 DENTAL REIMBURSEMENT 074709 04/29/2011 JENNIFER GRAHAM 99.00 WELLNESS REIMBURSEMENT 074710 04129/2011 Shelby Hanvey 325.55 UNIFORM REIMBURSEMENT 074711 04/29/2011 JEREMY HARRIS 200.00 DENTAL REIMBURSEMENT 074712 04/29/2011 CHRISTOPHER HARWOOD 301.20 DENTAL REIMBURSEMENT 074713 04/29/2011 HECTOR GONZALEZ 450.00 DENTAL REIMBURSEMENT 074714 04/29/2011 HEITING & IRWIN 363.00 SERVICES 074715 04/29/2011 HOME DEPOT /CREDIT SERVICE! 338.32 MAINTENANCE SUPPLIES 074716 04/29/2011 RICHARD HORNER 171.00 DENTAL REIMBURSEMENT 074717 04/29/2011 JDL DESIGN 33,764.00 SUPPLIES 074718 04/29/2011 GLORIAJONES 1,112.50 DENTAL REIMBURSEMENT 074719 04/29/2011 JP STRIPING 1,770.00 SERVICES 074720 04/29/2011 KAREE TRINIDAD 150.00 WELLNESS REIMBURSEMENT 074721 04/29/2011 KB HOME 57,289.60 REFUND 074722 04/29/2011 KEEP IT GREEN 150.00 SERVICES 074723 04/29/2011 MARK KEYSER 150.00 WELLNESS REIMBURSEMENT 074724 04/29/2011 DEMETRIA KOTTER 240.00 LEGAL SERVICES 074725 04/29/2011 KELLY McCARTHY 737.00 DENTAL REIMBURSEMENT 074726 04/29/2011 MARCEDES MCFAYDEN 327.00 DENTAL REIMBURSEMENT 074727 04129/2011 LAURIE MILLER 150.00 WELLNESS REIMBURSEMENT 074728 04/29/2011 DARCI MULVIHILL 278.51 WELLNESS REIMBURSEMENT 074729 04/29/2011 CECILIA NEAL 150.00 WELLNESS REIMBURSEMENT 074730 04/29/2011 KAREN NOLLET 1,723.50 EDUCATION REIMBURESMENT 074731 04/29/2011 ORIENTAL TRADING CO.,INC. 31.94 SUPPLIES 074732 04/29/2011 RUBEN ORTIZ 104.97 WELLNESS REIMBURSEMENT 074733 04/29/2011 PAYCHEX HUMAN RESOURCES! 536.85 SERVICES 074734 04/29/2011 POLYDYNE, INC. 2,300.00 SUPPLIES 074735 04129/2011 ROY POLMAN 319.50 PER DIEM 074736 04/29/2011 PRE -PAID LEGAL 882.60 LEGAL SERVICE 074737 04/29/2011 PRO -PIPE & SUPPLY 371.45 SUPPLIES Printed 05/10/2011 8:14:51AM Page 2 of 5 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 074738 04/29/2011 QUALITY PLUMBING, INC. 239.50 SERVICES 074739 04/29/2011 QUILL CORPORATON 88.99 SUPPLIES 074740 04/29/2011 RODRIGO PENA PHOTOGRAPHY 1,443.75 SERVICES 074741 04/29/2011 ROMBERG TREE SERVICE 200.00 SERVICES 074742 04/29/2011 VONGSAVANH SANANIKONE 104.96 WELLNESS REIMBURSEMENT 074743 04/29/2011 SCOTT FAZEKAS & ASSOCIATES 7,835.52 SERVICES 074744 04/29/2011 CINDY SERRANO 495.25 WELLNESS REIMBURSEMENT 074745 04/29/2011 SOUTHERN CALIF.EDISON 6,742.30 UTILITIES 074746 04/29/2011 SOUTHERN CALIF.EDISON CO. 1,590.14 SERVICES 074747 04/29/2011 SOUTHWEST NETWORKS INCOF 467.63 SERVICE 074748 04/29/2011 STAPLES CREDIT PLAN 271.73 SUPPLIES 074749 04/29/2011 BRIAN STEHLI 3,378.00 EDUCATION REIMBURSEMENT 074750 04/29/2011 STUMPS/ SHINDIGZ.COM 97.83 SUPPLIES 074751 04/29/2011 THE GAS COMPANY 551.54 UTILITIES 074752 04/29/2011 THE RECORD GAZETTE 126.45 ADVERTISING 074753 04/29/2011 ASHLEY THOMPSON 104.97 WELLNESS REIMBURSEMENT 074754 04/29/2011 TLMA ADMINISTRATION 412.29 SERVICES 074755 04/29/2011 KRISTI TOMS 670.00 DENTAL REIMBURSEMENT 074756 04/29/2011 JOHN TRAMMELL 141.00 WELLNESS REIMBURSEMENT 074757 04/29/2011 CHRISTOPHER TRACY 89.97 WELLNESS REIMBURSEMENT 074758 04/29/2011 STEVE TRUONG 404.08 DENTAL REIMBURSEMENT 074759 04/29/2011 TURF STAR, INC. 572.29 SUPPLIES 074760 04/29/2011 UNION BANK OF CA., N.A. 29,792.71 SERVICES 074761 04/29/2011 JENNIFER VELAZQUEZ 2,017.00 EDUCATION REIMBURSEMENT 074762 04/29/2011 VERIZON CALIFORNIA 337.75 PHONE SERVICE 074764 04/29/2011 KYLE WARSINSKI 131.01 UNIFORM REIMBURSEMENT 074765 04/29/2011 JERRY WESTHOLDER 319.50 PER DIEM 074766 04/29/2011 NICOLE WHEELWRIGHT 288.00 DENTAL REIMBURSEMENT 074767 04/29/2011 CHELSEAWILSON 618.00 WELLNESS REIMBURSEMENT 074768 04/29/2011 WRIGHT SEPTIC 1,200.00 SERVICES 074769 04/29/2011 FREDRICK STEWARD 104.97 WELLNESS REIMBURSEMENT 074770 04/29/2011 LET'S HAVE A PARTY 51.11 RENTAL 074771 04/29/2011 SEIU 1,224.00 DUES 074772 05/03/2011 DEMETRIA KOTTER 126.00 SERVICES 074773 05/06/2011 CELINA CABRERA 44.00 REFUND 075609 05/06/2011 AL'S KUBOTA TRACTOR 9,295.00 SERVICES 075611 05/06/2011 ANDERSON'S PROM 52.93 SUPPLIES Printed 05/10/2011 8:14:51AM Page 3 of 5 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 075612 05/06/2011 ANTIMITE 52.00 SERVICES 075613 05/06/2011 BEAUMONT LAWNMOWER 126.11 SUPPLIES 075614 05/06/2011 BIO -TOX LABORTORIES 488.00 SERVICES 075615 05/06/2011 C & A JANITORIAL SERVICES 6,353.00 SERVICES 075616 05/06/2011 CDW GOVERNMENT, INC. 225.70 SUPPLIES 075617 05/06/2011 CHAPARRAL SUITES HOTEL 422.92 HOTEL FOR TRAINING 075618 05/06/2011 CGLIC- CHATTANOOGA EASC 101,941.31 HEALTH INSURANCE 075619 05/06/2011 CINTAS CORPORATION #150 756.49 UNIFORMS 075620 05/06/2011 CITY OF BANNING 12,287.72 SERVICES 075621 05/06/2011 CNOA 45.00 TRAINING 075622 05/06/2011 COMSERCO 1,598.00 SUPPLIES 075623 05/06/2011 COP CAR GRAPHICS 950.00 SUPPLIES 075624 05/06/2011 CR &R INC. 4,712.00 SERVICES 075625 05/06/2011 DANIELS TIRE SERVICE 858.68 VEHICLE MAINTENANCE 075626 05/06/2011 DEREK DAVIS 750.00 ROCK IT SCIENTISTS 075627 05/06/2011 DEPARTMENT OF JUSTICE 2,611.00 SERVICES 075628 05/06/2011 DISC GOLF ASSOCIATION, INC. 2,124.43 SUPPLIES 075629 05/06/2011 EMPIRE ECONOMICS, INC 5,625.00 SERVICES 075630 05/06/2011 ENTRE- MANURE LLC 360.93 SUPPLIES 075631 05/06/2011 ENVIRONMENTAL WATER SOLUI 4,758.00 SUPPLIES 075632 05/06/2011 FEDEX 92.30 SHIPPING 075633 05/06/2011 GALLADE CHEMICAL,INC. 1,270.00 SUPPLIES 075634 05/06/2011 GALLS 1,775.14 SUPPLIES 075635 05/06/2011 GALLS, AN ARAMARK COMPANY 302.73 SUPPLIES 075636 05/06/2011 GENERAL GOVERNMENT 4,883.44 SERVICES 075637 05/06/2011 GREENWOOD'S UNIFORMS 478.40 UNIFORMS 075638 05/06/2011 PATRICIA HARRIS 16.00 REFUND 075639 05/06/2011 HdL, COREN & CONE 2,341.53 SERVICES 075640 05/06/2011 HI -WAY SAFETY INC 117.00 SUPPLIES 075641 05/06/2011 HOME DEPOT /CREDIT SERVICE; 824.30 SUPPLIES 075642 05/06/2011 HUNTINGTON COURT REPORTEI 364.00 SERVICES 075643 05/06/2011 ISMAEL PEREZ 5,400.00 SERVICES 075644 05/06/2011 J AND T'S AUTOMOTIVE CLINIC 2,550.00 SERVICES 075645 05/06/2011 KAISER FOUNDATION 32,888.91 HEALTH INSURANCE 075646 05/06/2011 DEMETRIA KOTTER 252.00 SERVICES 075647 05/06/2011 LEXISNEXIS 397.00 SERVICES 075648 05/06/2011 MARGARITA MARTIN 150.00 WELLNESS REIMBURSEMENT Printed 05/10/2011 8:14:51AM Page 4 of 5 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 075649 05/06/2011 MC TRUCKING 362.62 SUPPLIES 075650 05/06/2011 RSM MCGLADREY INC 1,000.00 SERVICES 075651 05/06/2011 MOSS,LEVY & HARTZHEIM 4,950.00 SUPPLIES 075652 05/0612011 MOTOSAT 532.00 SERVICES 075653 05/06/2011 NAPA AUTO PARTS 214.86 SUPPLIES 075654 05/06/2011 NATIONAL CONSTRUCTION REN' 222.63 RENTAL 075655 05/06/2011 JOHN NAVARRO 500.00 DEPOSIT REFUND 075656 05/06/2011 NEXTEL 738.37 CELL PHONE SERVICE 075657 05/06/2011 PRIME- STRIPE,INC. 911.85 SUPPLIES 075658 05/06/2011 PUBLIC SAFETY TRAINING CON: 440.00 TRAINING 075659 05/06/2011 PYRO SPECTACULARS 11,000.00 DEPOSIT 075660 05/06/2011 QUALITY PLUMBING, INC. 154.50 SERVICES 075661 05/06/2011 QUILL CORPORATON 1,626.71 SUPPLIES 075662 05/06/2011 RIVERSIDE COUNTY SHERIFF'S 551.76 TRAINING 075663 05/06/2011 RODRIGO PENA PHOTOGRAPHY 1,631.25 SERVICES 075664 05/06/2011 RUSSELL'S HEATING & AIR CONI 512.25 SERVICES 075665 05/06/2011 S.A MOBIL CARWASH AND DETAI 1,391.00 SERVICES 075666 05/06/2011 SGP DESIGN AND PRINT 20.00 SUPPLIES 075667 05/06/2011 THOMAS SMITH 500.00 DEPOSIT REFUND 075668 05/06/2011 THE GAS COMPANY 18.92 UTILITIES 075669 05/06/2011 THYSSENKRUPP ELEVATOR COi 855.04 SERVICES 075670 05/06/2011 TURF STAR, INC. 1,269.18 SUPPLIES 075671 05/06/2011 UNION PACIFIC RAILROAD 14,054.24 SERVICES 075672 05/06/2011 US ARCHITECTURAL LIGHTING 3,028.00 SUPPLIES 075673 05/06/2011 U. S. ARCHITECTURAL C/O SOU] 17,550.00 SUPPLIES 075674 05/06/2011 UTILITY PARTNERS 59,836.00 SERVICES 075675 05/06/2011 VERIZON CALIFORNIA 496.60 PHONE SERVICE 075676 05/06/2011 VERIZON 8.43 PHONE SERVICE 075677 05/06/2011 VOYAGER 31,778.01 FUEL 075678 05/06/2011 WAL -MART COMMUNITY 1,626.11 SUPPLIES 075679 05/06/2011 WEST PAYMENT CTR. 201.25 SERVICES 075680 05/06/2011 WEST COAST LIGHTS & SIRENS 1,564.79 SUPPLIES 075681 05/06/2011 WETIP INC 1,800.00 MEMBERSHIP 075682 05/06/2011 SHRED -IT 63.00 SERVICES 075683 05/06/2011 TASO TECH, INC 4,478.96 SUPPLIES 623,326.73 Printed 05/10/2011 8:14:51AM Page 5 of 5 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: EFT000554 04/28/2011 BEAUMONT ELECTRIC INC. 3,446.79 SERVICES EFT000555 05105/2011 AKLUFI AND WYSOCKI 22,306.60 SERVICES EFT000556 05/05/2011 BEAUMONT ELECTRIC INC. 45,438.48 SERVICES EFT000557 05/05/2011 JAMES NEHMENS 2,500.00 SERVICES EFT000558 05/05/2011 STEVE MOORE COMMUNICATIOI 1,412.50 SERVICES EFT000559 05/05/2011 URBAN LOGIC CONSULTANTS 380,590.00 SERVICES 455,694.37 Printed 05/10/2011 8:23:07AM Page 1 of 1 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: EFT000000000332 04/28/2011 A& A FENCE 3,990.00 SERVICES EFT000000000333 04/28/2011 A -Z BUS SALES,INC. 195.00 VEHICLE MAINTENANCE EFT000000000334 04/28/2011 ALL PURPOSE RENTALS 174.05 RENTAL EFT000000000335 04/28/2011 BEAUMONT ACE HOME CENTER 338.05 SUPPLIES EFT000000000336 04/28/2011 CHERRY VALLEY AUTOMATIVE 56.14 VEHICLE MAINTENANCE EFT000000000337 04/28/2011 GORM, INC. 535.86 SUPPLIES EFT000000000338 04/28/2011 XEROX CORPORATION 1,347.53 COPIER SERVICE EFT000000000339 05/05/2011 BEAUMONT TIRE 204.00 VEHICLE MAINTENANCE EFT000000000340 05/05/2011 BEAUMONT ACE HOME CENTER 1,150.71 SUPPLIES EFT000000000341 05/05/2011 CHERRY VALLEY AUTOMATIVE 1,057.60 VEHICLE MAINTENANCE EFT000000000342 05/05/2011 DIAMOND HILLS AUTO GROUP 77.16 VEHICLE MAINTENANCE EFT000000000343 05/05/2011 GORM, INC. 161.16 SUPPLIES EFT000000000344 05/05/2011 HIGH TECH IRRIGATION,INC. 927.63 SUPPLIES EFT000000000345 05/05/2011 MOTOROLA 142,575.21 SERVICES EFT000000000346 05/05/2011 PITNEY BOWES 78.00 SERVICES EFT000000000347 05/05/2011 XEROX CORPORATION 647.47 SERVICES 153,515.57 Printed 05110/2011 8:22:58AM Page 1 of 1 STAFF REPORT TO: CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: UNIFORM CODE ENFORCEMENT PROVISION DATED: APRIL 19, 2011 Background Recently, the City Council enacted a new general provision penalty codified in the Beaumont Municipal Code as Section 1.16.030 which gives City Enforcement Officers the flexibility of imposing administrative citations, infractions or misdemeanors for violation of the Beaumont Municipal Code. That flexibility, however, is not incorporated in a number of the Ordinances that make up the Beaumont Municipal Code. Therefore, staff proposes that a uniform penalty provision applicable to all Ordinances in the BMC be enacted so that violation of any such Ordinance would result in a penalty fashioned pursuant to the general penalty provision of Section 1.16.030. Recommendation Therefore, Staff recommends approval of the first reading of Ordinance No. 997, which Ordinance would amend various sections of the Beaumont Municipal Code to provide for uniform penalty provision. S'� ORDINANCE NO. 997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTIONS 8.08.130, 8.28.020, 8.32.520, 8.36.140, 8.46.050, 8.50100.58, 9.02.090, 9.04.040, 9.10.050, 9.12.060, 9.22.050, 9.30.030, 9.32.050, 9.36.060, 12.16.120, 12.24.030, 12.28.040, 13.04.160, 13.08.650 AND 13.12.020 OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Sections 8.08.130, 8.28.020, 8.32.520, 8.36.140, 8.46.050, 8.50.100.5B, 9.02.090, 9.04.040, 9.10.050, 9.12.060, 9.22.050, 9.30.030, 9.32.050, 9.36.060, 12.16.120, 12.24.030, 12.28.040, 13.04.160, 13.08.650 and 13.12.020 of the Beaumont Municipal Code are each hereby amended in their entirety to read as follows: "Section Violation — Penalty In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Chapter 1.17 or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1. 16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Section 1.16.040. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor, punishable by a fine of $1,000.00, or six (6) months in jail, or both." Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this day of , 2011, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this day of , 2011, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk CITY OF BEAUMONT IM BRIAN DEFORGE, Mayor CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 997 duly introduced at a regular meeting of the City Council of the City of Beaumont held on , 2011, and was duly adopted upon a second reading on , 2011, by the roll call votes indicated therein. CITY OF BEAUMONT LIM (SEAL) KAREN THOMPSON, City Clerk 2 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 997 -44356 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: April 22, 2011 Executed on: 04/22/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, May 03, 2011, at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 8th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the following matter(s): Ordinance No. 997 -An Ordinance of the City Council of the City of Beaumont, California amending sections 8.08.130, 8.28.020, 8.32.520, 8.36.140, 8.48.050, 8.50.100.58, 9.02.090, 9.04.040, 910250, 9.12.060, 9.22.050, 9.30.030, 9.32.050, 9.36.060,12.16.120.12.24. 030 ,12.28.040,13.04.160,13.08.650 and 13.12.020 of the Beaumont Municipal Code it is the purpose and intent of this Ordinance that a uniform penally provision applicable to all Ordinances in the BMC s be enacted so that violations of any such Ordinance would result in a penalty fashioned pursuant to the general penalty provision of Section 1.16.030. Date: 04/12111. -s- Christina Bowser Nara: Christina Bowser Trite: Cade Enforcement Officer Publish The Record Gazette No.44356 04122, 2011 Agenda Item No. 3 ' e, STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: COMMUNITY AND ECONOMIC DEVELOPMENT DEPT. AGENDA DATE: MAY 17, 2011 SUBJECT: APPROVAL OF IMPROVMENT AGREEMENT FOR PLOT PLAN 04 -PP -18 (WINCO). LOCATED SOUTH OF STATE ROUTE 60, NORTH OF FOURTH STREET & NORTHWEST OF THE BEAUMONT WASTEWATER RECLAMATION FACILITY ............................................................ ............................... BACKGROUND /ANALYSIS: The applicant has requested approval above referenced agreement for public improvements pursuant to the conditions of approval. RECOMMENDATION: Staff recommends that the City Council APPROVE the proposed Improvement Agreement subject to conformance with all Conditions of Approval as approved by the Public Works Director. Respectfully Submitted, Rebecca Deming Assistant Director of Planning *V Rev. 02/10/09 AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN (Parcel Map 34209 and Plot Plan 04- PP -18) THIS SECURITY AGREEMENT is made and effective this 17th day of May, 2011, by and between the CITY OF BEAUMONT ( "CITY ") and HIGH DESERT PARTNERS, LLC, a Delaware limited liability company ( "DEVELOPER "). RECITALS A. DEVELOPER has applied to the CITY for permission to develop certain real property, pursuant to Plot Plan 04 -PP -18 and Parcel Map No. 34209 ( "Map "). DEVELOPER has also asked the CITY to accept the dedication of the street or streets and other proposed public rights -of -way, parks and recreation facilities, and easements as depicted on the Map and to otherwise approve the Map so that it may be recorded as required by law; and B. The CITY requires, as a condition precedent to the acceptance and approval of the Map and the dedication of the public rights -of -way and easements depicted thereon, that such rights -of -way be improved and certified as completed by the CITY Public Works Director with (for example) grading, paving, curbs, gutters, sidewalks, street lights, stormdrains, sanitary sewers and appurtenances thereto, street name signs, survey monuments, electrical and telecommunications, water pipes, water mains, fire hydrants and appurtenances thereto, and landscaping (collectively, "Improvements "); and C. The Improvements have not yet been certified as completed and it is the purpose of this Security Agreement to set forth the terms and conditions by which the DEVELOPER shall guarantee that such Improvements shall be constructed and completed within the time set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the acceptance of the DEVELOPER's offer of dedication and the approval of the Map for filing and recording as provided and required by law, the CITY and the DEVELOPER hereby agree as follows: I. Provision of Improvements. DEVELOPER shall provide, at the DEVELOPER's sole cost and expense, all necessary labor and materials to complete the construction of the Improvements depicted on the Map and described in the conditions of approval of the Map within one (1) year of the date of this Security Agreement. Construction of the Improvements must be certified as complete by the CITY prior to the issuance of the first final inspection permit for residential projects or occupancy permit for commercial and industrial projects, unless otherwise approved by the CITY. 2. Inspection by the CITY. The CITY shall inspect, at the DEVELOPER's sole cost and expense, all of the work, labor and materials performed and provided by the DEVELOPER in connection with the Improvements. 3. Compliance with Plans and Specifications. The Improvements shall be constructed and installed in strict accordance with the CITY - approved plans and specifications as required by the CITY. 4. Security for Performance. CITY and DEVELOPER acknowledge and agree that DEVELOPER has delivered to the CITY a Performance Bond, bond number 105392090, issued by a corporate surety (or other security as authorized by Government Code, Section 66499), a copy of which is attached hereto as Exhibit "A ", in an amount that is not less than 100% of the total estimated cost of the Improvements and any warranty therefor. The performance and warranty bond shall be issued by an "admitted" corporate surety insurer authorized to do business in the State of California and the surety insurer shall have an A.M. Best rating of at least "A:X ". The surety insurer shall have assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The bond for the warranty shall insure against any and all defects in the Improvements for a period of not less than one full year after the date of the first final inspection certifying completion of the Improvements thereof by the CITY. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the Code of Civil Procedure. The bond shall remain in full force and effect and/or renewed until such time as the Improvements are certified as being completed by the CITY. 5. Security for Laborers and Materialmen. CITY and DEVELOPER further acknowledge and agree that the DEVELOPER has also provided a Bond for Security of Laborers and Materialmen, bond number 105392090, issued by a corporate security, a copy of which is attached hereto as Exhibit "B" and made a part hereof. The amount of the bond(s) shall be no less than 100% of the total estimated amount needed to secure payment to the contractor, to the subcontractors, and to the persons furnishing labor, materials, or equipment to them for the Improvements. The laborers and materialmen bond shall be provided by an "admitted" corporate surety insurer authorized to transact surety insurance in the State of California with an A.M. Best rating of "AX', and with assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the Code of Civil Procedure. The bond shall remain in full force and effect and/or renewed until such time as the Improvements are certified as being completed by the CITY. 6. General Liability and Worker's Compensation Insurance. The DEVELOPER shall, before commencing any work, obtain commercial general liability insurance (primary) of not less than $2,000,000.00 per occurrence for all coverages and $2,000,000.00 general aggregate. The CITY and its employees and agents shall be added as additional insureds. Coverage shall apply on a primary non- contributing basis in relation to any other insurance or self- insurance, primary or excess, available to the CITY or any employee or agent of the CITY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from explosion, collapse, underground property damage or employment- related practices. Such insurance shall not prohibit the DEVELOPER, and its employees or agents, from waiving the right of subrogation prior to a loss. The DEVELOPER waives its right of subrogation against the CITY. Unless otherwise approved by the CITY, the DEVELOPER's insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M. Best rating of "A:VII." Self- insurance shall not be considered to comply with these insurance specifications. The DEVELOPER agrees to require all contractors, subcontractors and other parties hired for the Improvements to purchase and maintain insurance of the types specified herein. The DEVELOPER shall, before commencing any work, obtain Worker's Compensation Insurance in an amount required by law and, failing to do so, the CITY may procure such insurance at the cost of the DEVELOPER. 7. Indemnification. Notwithstanding the provisions of Government Code, Section 66474.9 or any other statutes of similar import, and to the full extent permitted by law, the DEVELOPER shall defend, indemnify and hold harmless the CITY, its employees, agents, officials and attorneys, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind or nature, whether actual, alleged or threatened, actual attorneys' fees, court costs, interest, expert witness fees and any other costs or expenses of any kind whatsoever (collectively "losses "), without restriction or limitation, incurred in relation to, as a consequence of, or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in P part, to DEVELOPER's construction of the Improvements as set forth herein. Notwithstanding anything to the contrary contained herein, in no event shall the foregoing indemnity cover or be deemed to cover any losses to the extent the same are caused by the negligent or willful acts of the CITY. 8. Procedure for Release of Security. The security furnished by the DEVELOPER shall be released in whole or in part in the following manner: a. Security shall be released upon final completion and acceptance of the Improvements by the CITY Council. If the security furnished by the DEVELOPER is a documentary evidence of security, such as a surety bond or an irrevocable letter of credit, the CITY shall release the documentary evidence and return the original to the Surety upon final completion and acceptance of the Improvements by the CITY Council. In the event the CITY is unable to return the original documentary evidence to the Surety, the security shall be released by written notice sent by certified mail to the DEVELOPER and to the Surety within thirty (30) days of the acceptance of the Improvements. The written notice shall contain a statement that the work for which security was furnished has been completed and accepted, a description of the Improvements, and the notarized signature of an authorized CITY official. b. At such time as the DEVELOPER believes that the work for which the security was required is complete and makes payment of a partial exoneration fee of $350 to the CITY, the DEVELOPER shall notify the CITY in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the CITY shall have forty -five (45) days to review and comment on or certify the completion of the Improvements. If the CITY does not agree that all work has been completed in accordance with the plans and specifications for the Improvements, it shall supply the DEVELOPER a list of all remaining work to be completed. C. Within forty -five (45) days of receipt of the CITY's list of remaining work, the DEVELOPER may then provide cost estimates for all remaining work for review and approval by the CITY. d. Upon receipt of the cost estimates, the CITY shall then have forty -five (45) days to review, comment, and certify, modify or disapprove those cost estimates. The CITY shall not be required to engage in this process of partial release more than once between the start of work and the completion and acceptance of all work. e. If the CITY approves the cost estimate, the CITY shall release all performance security except for security in an amount up to 200% of the cost estimate of the remaining work; PROVIDED, HOWEVER, such partial release shall occur only when the cost estimate of the remaining work does not exceed 20% of the total original performance security. Substitute bonds or other security may be used as a replacement for the performance security, subject to the prior written approval of the CITY. A reduction in performance security is not, and shall not be deemed to be, an acceptance by the CITY of the completed Improvements, and the risk of loss or damage to the Improvements and the obligation to maintain the Improvements shall remain the sole responsibility of the DEVELOPER until all required Improvements have been accepted for maintenance by the CITY Council and all other required Improvements have been certified by the CITY as fully completed in accordance with the plans and specifications for the Improvements. f. The DEVELOPER shall complete the works of Improvement until all remaining items are certified as complete by the CITY. Upon completion of the Improvements, the DEVELOPER shall be notified in writing by the CITY within forty -five (45) days and, within forty -five (45) days of the date of the CITY's notice, the release of any remaining performance 3 security shall be made within sixty (60) days of the recording of the Notice of Completion and acceptance of the Improvements for maintenance by the CITY Council. 9. Procedure for Release of Payment Security. Security securing the payment to the contractor, his or her subcontractors and persons furnishing labor, materials or equipment shall, after passage of the time within which mechanic's liens and stop notices are required to be recorded and after acceptance of the Improvements, be reduced to an amount equal to the total claimed by all claimants for whom mechanic's liens and stop notices have been recorded and notice thereof given in writing to the CITY, and if no claims have been recorded, the security shall be released in full. 10. Security for One -Year Warranty Period. The release procedures described in paragraphs 8 and 9 above shall not apply to any required guarantee and warranty period. nor to the amount of the security deemed necessary by the CITY for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. 11. Binding Effect. This Security Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their legal representatives and their successors and assigns. 12. Authority to Execute. The DEVELOPER hereby warrants and represents to the CITY that the individual signing this Security Agreement on behalf of the DEVELOPER is vested with the unconditional authority to do so pursuant to, and in accordance with, all applicable legal requirements, and has the authority bind the DEVELOPER hereto. 13. No Assignment. The DEVELOPER may not assign this Security Agreement or any part thereof, to another without the prior written consent of the CITY. 14. Attorneys' Fees. In the event of legal action to enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled, in addition to any other form of relief, to recover its reasonable attorneys' fees and costs of suit. 15. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. CITY OF BEAUMONT Lo Mayor DEVELOPER I& , Lbtz Qr_, By SR1AN AN- t-ton1 &N Title: M IJ406 11 EXHIBIT "A" Bond #105392090 PERFORMANCE BOND WHEREAS, the City Council of the City of Beaumont, State of California, and Hi Desert Partners, LLC (hereinafter designated as "Principal ") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated 120 , and identified as project Prolo is Park Beaumont, is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and Travelers Casualty and Surety Company of America, as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of Two Million Four Hundred Two Thousand Five Hundred and 00 /100 dollars ($2,402,500.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on May 17th, 2010. PRINCIPAL: High Desert Partners, LLC, a Delaware limited liability company By �1 Title Mana.,r SURETY: Travelers Casualty and Surety Company of America By (� T�� Title Robin Stroud Attorney -In -Fact # POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 216274 Certificate No. 0 0 2 7 3 7 5 5 5 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut. that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Allan Ranstrom, Kim H. Ward, Vicki Goicoechea, Tina Coleman, Colleen B. Thompson, Philip S. Walter, Robin Stroud, and Sally Stopczynski of the City of Boise , State of Idaho , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their. business of .guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pgk& rF%tin any, (ions ol ill'Weedings allowed by law. . _ � �� � � 10th IN WITNESS WHEREOF, the Companies have caused this instr t sign and i eot orate seals to be hereto affixed, this December 2008 t day of °' • s. s I z Farmington Casualty C pfju+''?.) St. Paul Guardian Insurance Company Fidelity and Guaranty Paul Mercury Insurance Company rand ���; ; ry P Y Fidelity and Guaranty Insurtlik Underw ers, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company r pns����` wf'y � "p►r s 4+ ���11,�MS�9 �a +. INaoq'4 ��c�r •wo s` ���M1 A'� "'M 1927 e� — tT �'! � twtrfono, ttMtwta� �O • � 19$1 m,� # � �o. �`s5EALie^ "�381CL.e° sO$ ootw t tlOb 6 � � 1� '•r� c e'er.... i�' :.., 'd � � ' � � �� State of Connecticut City of Hartford ss. By: A, Georg Thompson, nior ice President On this the 10th day of D@C @mb@f 2008 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c,.Tn In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. >� p� «p >w Marie C. Teueault. Notary Public 58440 -5 -07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ACKNOWLEDGEMENT OF SURETY (Attorney -in -Fact) STATE OF IDAHO COUNTY OF CANYON} ss On this day of 2010 before me, a notary public in and for said County, personally appeared Robin oud to me personally known and being by me duly sworn, did say, that she is the Attorney -in -Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a corporation of Connecticut, created, organized and existing under and by virtue of the laws of the Connecticut, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the said Robin Stroud acknowledges said instrument to be of the free act and deed of said corporation and that she has authority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at Boise, Idaho, the day and year last above written. My commission expires October 26 , 2011 LAI Jody O onald Notary Public tee► O•pON�I� OC O� 1411 Y +•4V C+ Fve%:, !� �r�reol�� STATE OF IDAHO ss. COUNTY OF Ada On this 13th yM2010, before me, the undersigned notary public for said state, personally appeared T`rO0 known to me to be the MANAGER of HIGH DESERT PARTNERS, LLC, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. r ��ARY G J NOTARY PUBLIC in and for the State of Idaho, residing at Boise My commission expires May 16, 2013 EXHIBIT "B" Bond # 105392090 BOND FOR SECURITY OF LABORERS AND MATERIALMEN WHEREAS, the City Council of the City of Beaumont, State of California, and High Desert Partners, LLC (hereafter designated as "the Principal ") have entered into an agreement whereby the Principal agrees to install and complete certain designed public improvements, which agreement, dated , 20 , and identified as project Prologis Park Beaumont, is hereby referred to and made a part hereof, and WHEREAS, under the terms of the said agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Two Million Four Hundred Two Thousand Five Hundred and 00 /100dollars ($2,402,500.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all . persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on May 17'h , 2010. PRINCIPAL: High Desert Partners, LLC, a Delaware limited liability company i .w • . Title r'1 awe. SURETY: Travelers Casualty and Surety Company of America i Ii .. K Ji Tide Robin Stroud Attorney -In -Fact WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AM POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 216274 Certificate No. 0 0 2 7 3 7 5 5 4 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Allan Ranstrom, Kim H. Ward, Vicki Goicoechea, Tina Coleman, Colleen B. Thompson, Philip S. Walter, Robin Stroud, and Sally Stoperynski of the City of Boise , State of Idaho , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of.guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or p reedin ag'%Nions orpigceedings allowed by law. 10th IN WITNESS WHEREOF, the Com pig8have caused this insttvrtltlRtoite signed and thr�tl;cotporate seals to be hereto affixed, this da of ecember uu y,h .y 7:s `�o.. Farmington Casualty Ceaiptiwttyr £. i age a �� . ` St. Paul Guardian Insurance Company Fidelity and Guaranty.. r ncgC'oIipa�lrt� 4� St. Paul Mercury Insurance Company Fidelity and Guaranty InsuiWihe Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company State of Connecticut City of Hartford ss. OJR� R ; �° 0N,,���trt ��Nt,p,, . R �+ �''rN°►oWwe t ry � a �,47ctr �� % By: Georg Thompson, enior ice President 10th December 2008 On this the day of _ , _ ,before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. GJ In Witness Whereof, I hereunto set my hand and official seal. l: My Commission expires the 30th day of June, 2011. #«C # Vane C. Tetreault. Notary Public �s 58440 -5 -07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ACKNOWLEDGEMENT OF SURETY (Attorney -in -Fact) STATE OF IDAHO COUNTY OF CANYON) ss On this 1_ day of - f)3LM2010 before me, a notary public in and for said County, personally appeared Roin St ud to me personally known and being by me duly sworn, did say, that she is the Attorney -in -Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a corporation of Connecticut, created, organized and existing under and by virtue of the laws of the Connecticut, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the said Robin Stroud acknowledges said instrument to be of the free act and deed of said corporation and that she has authority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at Boise. Idaho , the day and year last above written. My commission expires 0, October 26 , 2011 aaq a Jody 15' Donald Notary Public 0 SpNAID Q O O� N1tY �v Z: PV �4Q STATE �� STATE OF IDAHO : ss. COUNTY OF Ada On this 1 Sth day of MM , 2010, before e, the undersigned notary public for said state, personally appeared �jalfj'� &j j jUnown to me to be the MANAGER of HIGH DESERT PARTNERS, LLC, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Ir ;C•O� PUBi.1G 'a T� OF 10...•. NOTARY PUBLIC in and for the State of Idaho, residing at Boise My commission expires May 16, 2013 -P q'j HIGGS FLETCHER MACK Christina A Denning Partner Jenningc(ir7higgsla w com Direct 619.595.4185 April 25, 2011 Via Certified Mail and Facsimile (951) 769- 8506 Officer Brian Stehli and the Beaumont Police Department City of Beaumont 550 E. Sixth Street Beaumont, California 92223 Re: Government Code Claim for Wrongful Death of Mike Morgan Dear Sir or Madam: The undersigned, on behalf of our clients, Rosemary Morgan and Michelle Luna ( "Morgan Family "), submits the following information relative to damages in compliance with California Government Code Section 61119 and Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code. Please forward this claim to the risk management officer or other authorized representative for processing under the Government Claims Act. Claimants' Information Rosemary Morgan 461 Val Verde Drive Hemet, California 92543 -7148 (951) 260 -3793 Michelle Luna 3613 Cagle Street National City, California 91950 Claimants must be contacted through counsel. 401 WevA Street, Suite 2600 1 San Diego California 921011 T619.236.1551 11:619.696.1410 1 unto. W 4slvutcum :LLmkr,Atmikan Law rim,Auodanm rax a rum . 01707U."10 R S F LETCH MACK i y Sa Dip) t— Fv. A— 1919 • Officer Brian Stehli and the Beaumont Police Department April 25, 2011 Page 2 2. Claimant desires all notices be sent to: Christina Denning, Esq. Higgs, Fletcher & Mack LLP 401 West A Street, Suite 2600 San Diego, California 92101 Fax: (619) 696 -1410 3. The occurrence or event from which the claim arose occurred on March 17, 2011, when the Morgan Family was informed Mike Morgan, husband and father, was killed in an automobile accident on Soboba Road, near Soboba Casino, in San Jacinto, California. 4. Officer Brian Stehli and the City of Beaumont Police Department are at fault because Officer Stehli conducted an unsafe police chase, causing the accident. Officer Stehli also had insufficient training. Discovery is continuing. 5. Description of the loss is at least $600,000.00 in economic loss and at least $1.4 million in non - economic loss. 6. Name of entity or persons responsible for damages: Officer Brian Stehli and the City of Beaumont Police Department. Discovery is ongoing and Claimants reserve the right to amend this claim. 7. Damages claimed as of date of this letter: at least $2,000,000.00 Estimated amount of future costs: TBD Total amount claimed: at least $2,000,000.00 Basis for computation of amount claimed: Medical expenses, funeral and burial expenses, loss of financial support and benefits, loss of household services, loss of love, loss of championship, loss of comfort, loss of care, loss of assistance, loss of protection, loss of affection, loss of society, loss of moral support, loss of enjoyment of sexual relations (Rosemary Morgan) and loss of guidance. Mr. Morgan was 57 years old at the time of his unfortunate death. His life expectancy was 78 years. Therefore, the Morgan Family has missed out on 21 years of economic and non - economic contributions by Mr. Morgan. U-2—L' -11 U-2 .JUt. Cy • Y ["A IVum U.L70701'1lU [H:I:(G;:G;:s F'LETCHER & MACK s So Dips Les F11w SWI 1979 • Officer Brian Stehli and the Beaumont Police Department April 25, 2011 Page 3 8. Names and addresses of person's most knowledgeable about denial of the claim: Unknown at this time. 9. Names and addresses of any other entity or person injured: Unknown at this time. 10. Any additional information that might be helpful in considering claim: Unknown at this time. On behalf of the Morgan Family, demand is hereby made for full payment of $2,000,000.00. Please contact us to confirm receipt of this claim. Very truly y s, CHRIS M. DENNING of HIGGS FLETCHER & MACK LLP CMD /aec cc: Rosemary Morgan (via e-mail only) Michelle Luna (via e-mail only) Higgs, Fletcher & Mack, LLP Attn: Andrew Isaac 1006550.1 —i; > 2 3 6 s 9 10 12 13 14 15 16 17 13 19 20 21 ,2 23 24 25 26 27 78 Don Yaryan and Robert Eugene Schaefer c/o 867 West County Line Road Calimesa, California Postal Zone 92320 (909 -795- 1 No Fax In Pro Se 0 pop RECEIVED City of Beaumont APR 112011 N'T 717777-17M"77- THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA Don Yaryan and Robert Eugene Schaefer Plaintiff's, VS. CITY OF CALIMESA, a political subdivision and Body Politic of the STATE OF CALIFORNIA; COUNTY OF RIVERSIDE, a political subdivision and Body Politic or corporate division of the STATE OF CALIFORNIA; Riverside County, a political subdivision of the State of California RICHARDS, WATSON & GERSHON, A Professional Corporation; Kevin G. Ennis, a human impersonating a governmentally Case No. FIRST AMENDED VERIFIED LAW OF THE LAND, AND ITS COMMON -LAW, ACTION -AT- LAW FOR DAMAGES; FOR DEPRAVATION OF RIGHTS GUARANTEED AND SECURED BY THE FIRST, FOURTH, FIFTH, AND SEVENTH AMENDMENTS TO THE CONSTITUTION FOR THE UNITED STATES OF AMERICA AND THOSE OTHER RIGHTS CLEARLY SPECIFIED IN THE "SUPREMACY CLAUSE - LAWS OF THE UNITED STATES" AS WELL AS THE RACKETEERING INFLUENCE AND CORRUPT ORGANIZATIONS ACT (RICO) 1 FIRST AMENDED VERIFIED LAW OF THE LAND, AND ITS COMMON -LAW, ACTION -AT -LAW FOR DAMAGES; FOR DEPRAVATION OF RIGHTS GUARANTEED AND SECURED BY THE FIRST. FOURTH, FIFTH, AND SEVENTH AMFNDMENTS TO THE CONSTITUTION FOR THE UNITED STATES OF AMERICA AND THOSE OTHER RIGHTS CLEARLY SPECIFIED IN THE "SUPREMACY CLAUSE -LAWS OF THE UNITED STATES" AS WELL AS THE RACKETEERING INFLUENCE AND CORRUPT ORGANIZATIONS ACT (RICO) (18 USCS Sections 1961,1962(c). 1964(c) et seq.). 3) Date: May 17, 2011 To: City Council, City of Beaumont Board of Directors, Beaumont Charitable Foundation From: Alan Kapanicas, City Manager /2i(,,� Subject: Approval of Funding Request: (Amanda Hendey Background: The Beaumont Charitable Foundation was approved by the City Council in June 2009. The objectives of the Foundation shall be to raise money to contribute to other qualified charities and to coordinate the use and development of community resources to promote and support activities which advance the overall well -being and improve the quality of life of persons in Beaumont. Request: Amanda Hendey is a Beaumont resident who competes in girls high school wrestling. She is Beaumont's first ever state champion in the school's 100 -year history in any sport or gender after winning first place as a junior at 126 pounds and has accepted a scholarship to Oklahoma City University. She is requesting assistance for at least one of a number of wresting competitions this summer in preparation for making the U.S. World Team and hopefully the U.S. Olympic Team. Fiscal Impact: $2,500 from the Beaumont Charitable Foundation via the City of Beaumont General Fund. Recommendation: The City Council of the City of Beaumont hereby finds that the above expenditure is for the public purpose of promoting the City of Beaumont nationally via a state champion resident and this purpose is within the jurisdiction of the City Council, and that the expenditure is compatible with, and in furtherance of, that purpose and the long -term social welfare of the City; and the Board of Directors of the Beaumont Charitable Foundation approve the funding request. STAFF REPORT Agenda Item 3 TO: Mayor and Council Members FROM: City Manager DATE: May 17, 2011 SUBJECT: Task Order for Water Quality Management and Engineering Services Background and Analysis: The proposed Task Order would authorize Wildermuth Environmental, Inc. to continue to provide water quality management and engineering services in accordance with the commitments made by the San Timoteo Watershed Management Authority on February 20, 2004 to implement "maximum benefit" obligations which are set forth in the Santa Ana River Basin Water Quality Control Plan (Basin Plan) as amended in 2008. In June 2009, Beaumont -Cherry Valley Water District withdrew funding for the surface and ground water quality monitoring and testing in the Beaumont Management Zone. Since that time, the City of Beaumont has funded over $500,000 in water quality monitoring and testing work promised by the City and STWMA. The proposed task order authorizes Wildermuth to continue to help monitor and prepare the water quality reports, manage the monitoring program data, collect data from other agencies within the Beaumont Management Zone, check for QA/QC, load into a centralized regional database, prepare quarterly reports to the Regional Board detailing status of the Maximum Benefit Monitoring Program activities and prepare updated monitoring work plan for the City to remove unneeded monitoring sites. The proposed work also includes hydro - geologic engineering to support the update of the City's waste discharge permit, salt offset programs and other water supply and water quality management activities of the City. The estimated cost of the professional services for the 2011 -2012 water -year which started on January 1, 2011 is approximately $ 131,586.00 Fiscal Impact: There is no impact on the General Fund. This project is funded by Sewer Enterprise Funds. Recommendation: Staff recommends APPROVAL of the Task Order and Project Report, and AUTHORIZATION of the Mayor to execute the Task Order and Project Progress Report subject to the authority of the City �rney to make non- substantive changes. Alan C. City Manager CITY OF BEAUMONT YK"UKE' Jn Kl' rv1C 1 Sewer Enterprise Funds Project Name: Water Quality Management and Source of Engineering Services — 2011 -2012 Water -year Funds: Contract May 17, 2011 Contractors: Wildermuth Environmental, Inc. Date: A &E Budget: $ 131,586.00 Work Completed During Report Period: for services. Problems or Delays During Report Period: •No delays Change Orders: • No Change Orders Recommendation(s) for City Council Action: Project Start Date: January 2011 Report Period: May 2011 Approve Extension of Agreement to December 31, 2012 and execute Task Order No. 3. Authorize City Manager and staff and consultants to implement the scope of work. Approved and authorized by: IMayor Signature Date of City Council Approval STWMA San Timoteo Watershed Management Authority 4 Crown Court 2 36 Rancho Mirage, CA 92270 Mobile (760) 574 62 Email Jasa921 @aol.com www.stwma.org February 20, 2004 Mr. Gerard J. Thibeault Chief Executive Officer Santa Ana Regional Water Quality Control Board 3737 Main Street, Suite 500 Riverside, CA 92501 Re: Request for Maximum Benefit Objectives & Draft Monitoring Program for the Beaumont and San Timoteo Management Zones The San Timoteo Watershed Management Authority (STWMA) is participating with its member agencies to implement the watershed -scale water resources management plan identified in the San Timoteo Watershed Management Program Final Phase I Report ( STWMP). STWMA is currently involved in implementation of all Program Elements listed in the STWMP. This includes the comprehensive monitoring program as presented under Program Element 1. STWMA is also currently working to characterize the quality and quantity of urban stormwater /dry weather runoff in the watershed through a grant from the State Water Resources Control Board. STWMA is committed to protecting the groundwater supplies in the Beaumont and the San Timoteo Management Zones and therefore requests the Regional Water Quality Control Board to implement the water quality objectives included in the maximum benefit study for these management zones. In this context, STWMA is submitting this request and a draft Monitoring Program on behalf of STWMA and the City of Beaumont for the Beaumont and San Timoteo Management Zones for your review and consideration. With regard to the San Timoteo Management Zone, it is anticipated that Yucaipa Valley Water District will perform the sampling along San Timoteo Creek downstream of Yucaipa Creek (approximately the Riverside /San Bernardino County line) and Beaumont - Cherry Valley Water District will perform the sampling for the portion upstream of the confluence of Yucaipa Creek. STWMA will participate in computing ambient groundwater quality as a regional effort which should begin by July 2004 so that an ambient quality determination for the STWMA area can be provided to the RWQCB by July 1, 2005. Further, STWMA will participate in subsequent ambient quality determinations every three years thereafter. STWMA appreciates the efforts of the Regional Board and its staff during the development of the Basin Plan Amendment, and the opportunity to demonstrate beneficial use protection based on maximum benefit objectives. We look forward to working with you and your staff on this important endeavor to responsibly manage the region's water resources. If you have any questions, please do not hesitate to contact me. Regards, 41;W� J. Andrew Schlange General Manager Enclosure CC: Hope Smythe, Joann Schneider — RWQCB City of Beaumont; STWMA Commission Water Resources Management and Leadership in the San Timoteo Watershed CITY OF BEAUMONT INDEPENDENT CONTRACTOR'S TASK ORDER (Project Title: Water Quality Management and Engineering Services) TASK ORDER NO.: Three CONTRACTOR: Name: Address: Telephone: Fax: E- mail:mwilc Fed. Tax Id.: Wildermuth Envronmental, Inc. 23692 Birtcher Drive Lake Forest, CA 92630 (949) 420 3030 (949) 600 7525 iermuth @ wi ldermuthenvironmental .com 33- 0793178 THIS TASK ORDER is issued pursuant to that certain Agreement for Services by Independent Contractor between the CITY OF BEAUMONT ( "OWNER ") and Wildermuth Environmental ( "CONTRACTOR ") dated May 17, 2011 (the "AGREEMENT "). 1. Task to be Performed. CONTRACTOR shall provide all labor, materials and equipment to perform the following task (choose and check one): x See Exhibit "A ", attached hereto Description of Task: _ 2. Time of Performance. Time is of the essence. Therefore, CONTRACTOR shall begin work within 7 days of the date this Task Order is signed by the OWNER and shall complete performance of such services by or before Dec 31, 2011. 3. Liaison of OWNER. Mr Kishen Prathivadi shall serve as liaison between OWNER and CONTRACTOR. 4. Staff Assignments. CONTRACTOR will assign the following personnel to perform the services required by this Task Order: Mark Wildermuth Samantha Adams 5. Deliverables. CONTRACTOR shall deliver to OWNER not later than the date or dates indicated, the following: (Check if this Paragraph 5 Not Applicable: _xx_) 1. Quarterly data reports to the Regional Board by July 15 and October 15, 2011. 2. Updated Maximum Benefit Monitoring Program Work Plan 6. Compensation. For all services rendered by CONTRACTOR pursuant to this Task Order, CONTRACTOR shall receive a total not -to- exceed lump sum of $131,586.00 based on time and materials charged in accordance with the Hourly Rate Schedule attached hereto as part of Exhibit B 7. Reimbursable Expenses. In addition to the compensation provided for in Paragraph 6 above, CONTRACTOR (choose and check one:) shalU_xx_ shall not /be entitled to reimbursement for expenses. If authorized by this Task Order, reimbursable expenses shall be limited to: 8. Miscellaneous Matters. The following additional matters are made a part of this Task Order (choose and check one): _x_ Not applicable See Exhibit "A ", attached hereto; or Description: IN WITNESS WHEREOF, the parties have executed this Task Order on the date indicated below. Dated: Dated: O 1 Z!0 1 CITY OF BEAUMONT By CONTRACTOR: Wildermuth Environmental, Inc. zVn� P re CCU+ Pr Mt N me , P Le C1aix Title via 1 re513e► CITY OF BEAUMONT INDEPENDENT CONTRACTOR'S TASK ORDER (Project Title: Water Quality Management and Engineering Services) TASK ORDER NO.: Three CONTRACTOR: Name: Address: Telephone: Fax: E- mail:mwilc Fed. Tax Id.: Wildermuth Envronmental, Inc. 23692 Birtcher Drive Lake Forest, CA 92630 (949) 420 3030 (949) 600 7525 lermuth @ wildermuthenvironmental.com 33- 0793178 THIS TASK ORDER is issued pursuant to that certain Agreement for Services by Independent Contractor between the CITY OF BEAUMONT ( "OWNER ") and Wildermuth Environmental ( "CONTRACTOR ") dated May 17, 2011 (the "AGREEMENT "). 1. Task to be Phe following task (c�hooseOand check one): eall labor, materials and equipment to perform g See Exhibit "A ", attached hereto Description of Task: _ 2. Time of Performance. Time is of the essence. Therefore, CONTRACTOR shall beginlete erfo ance of uch services s, or beOfore Dec 131e20 1. within 7 days of the date the OWNER and shall comp p 3. Liaison of OWNER• Mr Kishen Prathivadi shall serve as liaison between OWNER and CONTRACTOR. 4. Staff Assignments. CONTRACTOR will assign the following personnel to perform the services required by this Task Order: Mark Wildermuth Samantha Adams 5. Deliverables. CONTRACTOR shall deliver to OWNER not later than the date or dates indicated, the following: (Check if this Paragraph 5 Not Applicable: _xx_) 1. Quarterly data reports to the Regional Board by July 15 and October 15, 2011. 2. Updated Maximum Benefit Monitoring Program Work Plan 6. Comvensation. For all services rendered by CONTRACTOR pursuant to this Task Order, CONTRACTOR shall receive a total not -to- exceed lump sum of $131,586.00 based on time and materials charged in accordance with the Hourly Rate Schedule attached hereto as part of Exhibit B 7. Reimbursable Expenses. In addition to the compensation provided for in Paragraph 6 above, CONTRACTOR (choose and check one:) _ shalV_xx_ shall not /be entitled to reimbursement for expenses. If authorized by this Task Order, reimbursable expenses shall be limited to: Miscellaneous Matters. The following additional matters are made a part of this Task Order (choose and check one): _x_ Not applicable See Exhibit "A ", attached hereto; or Description: IN WITNESS WHEREOF, the parties have executed this Task Order on the date indicated below. Dated: Dated: 'd to 1'0 1 t CITY OF BEAUMONT By CONTRACTOR: Wildermuth Environmental, Inc. e. Ccwu Pr t N me ,ose* P Le C1c4 i X Title v 1� l re51*3e►' Exhibit A Scope of Work Task 1: General Engineering The purpose of this task is to provide as- requested water resources engineering support to City staff. The work anticipated herein includes participation in meetings, support for the City's application to amend discharge permit R8- 2009 -0002, support for the City's salt offset programs in the Beaumont and San Timoteo Management Zones, water supply planning, assistance in the acquisition of new water supplies, and regulatory support. Each request for such services will be provided by the City in writing or by email. The deliverable and performance schedule for each request will be by mutual agreement. The upper limit on fee for Task 1 is $99,800. Table Al shows the breakdown of this fee. Task 2: Maximum Benefit Monitoring Program in the Beaumont and San Timoteo Management Zones The purpose of this task is to fulfill the City's obligations to the Regional Board pursuant to the maximum benefit commitments contained in the Basin Plan and the City's recycled water discharge permit (R8- 2009 - 0002). The work described herein is for the period of June 1, 2011 through December 31, 2011, and includes the following sub - tasks: Task 2.1 — Collect, Process, and Upload Field Data from City Staff. The purpose of this sub -task is twofold: First, as the City takes over the monitoring program field data collection tasks in June 2011, WEI staff will provide support to City staff for a smooth transition. Support tasks will include transferring of all information related to the monitoring program and accompanying City staff on the initial field visits. Second, WEI staff will continue to manage the monitoring program data. This data is processed, checked for QA/QC, and loaded into a centralized regional database. Task 2.2 — Maximum Benefit Cooperative Data Collection. The purpose of this sub -task is to collect data from other agencies within the Beaumont Management Zone who are monitoring wells for water level or water quality. This data is processed, checked for QA /QC, and loaded into a centralized regional database. Task 2.3 — Prepare Quarterly Data Report. The purpose of this sub -task is to prepare quarterly reports to the Regional Board detailing the status of the Maximum Benefit Monitoring Program activities. Each quarter a draft report will be prepared by WEI staff and submitted to the City for review and comment. The final report will be submitted to the Regional Board after comments have been addressed. Task 2.4 — Prepare Maximum Benefit Monitoring Program Work Plan Update. In 2011, the Regional Board will review a Basin Plan Amendment allowing the City to submit an updated Maximum Benefit Monitoring Program work plan to update the existing monitoring program. It is anticipated that the updated work plan will be adopted by the Regional Board and State Board Page 1 of 3 by December 31, 2011. During this time, WEI will prepare an updated monitoring work plan for the City to improve the monitoring program and remove unneeded monitoring sites. The deliverables for Task 2 include: 1. Quarterly data reports will be delivered to the Regional Board by July 15, 2011 and October 15, 2011. 2. An updated Maximum Benefit Monitoring Program Work Plan to modify the City's groundwater and surface water monitoring program will be prepared and submitted to the Regional Board as soon as a Basin Plan amendment allowing changes is adopted. The upper limit on fee for Task 2 is $31,700. Table Al shows the breakdown of this fee. Page 2 of 3 3 O Y d m Q d d LL d Y � O ~3 O 6 u M :N Ym'F N N CD O O O O O � b a O M rr m H N N O C O in A N O V? OD M 01 in b n a N 01 Off.. M N. N N N 0 0 0 0 0 by O N N N N N N N H O N u d 0 t m C o n U Y O a O 7 t to CL` O c r to °- c .c E '� cc C `o m f t 0 0 cc 0.0 C N c C m v O Q G w -w E 0' U� � m E0 v v m LL v v L.Y., .-a Y rd ry r� r•� f0 O co O Cl) (0 a Exhibit B WEI Time and Material Rate Sheet for 2011 Principal Engineer III /Scientist III $210 - $230 Principal Engineer I & II /Scientist I & II $200 - $210 Supervising Engineer /Scientist $185 - $200 Senior Engineer /Scientist $140 - $170 Staff Engineer /Scientist $123 - $155 Database Manager $165 - $195 Engineering Technician $88 - $108 Field Technician $73 - $85 Office Administrator $95 - $110 Expert Witness' $420 - $430 Preparation of testimonial material is billed at the normal hourly rate. Witness preparation, depositions, and testimony are billed at the expert witness rate, with a minimum charge of one day. a Mileage for passenger vehicles will be billed at the IRS rate. Subject to annual adjustments. b Other project - related travel costs will be passed through. Page 1 of 1 4/20/11 RESOLUTION NO. 2011-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ADOPTING A PUBLIC RECORDS RETENTION AND DESTRUCTION POLICY The City Council of the City of Beaumont hereby resolves as follows: Section 1 • Purpose As a result of the growth of the City and the increase in the number of residents and businesses, the logistical demands of cataloging, storing and retrieving City records, documents, instruments, books and papers (collectively, "records ") has caused a substantial increase in the amount of staff time devoted to such tasks, and the City is rapidly running out of space within which to store its records. Therefore, it is the purpose of this Resolution to adopt guidelines governing the retention and disposal of City records, to ensure prompt and accurate retrieval of records, and to ensure compliance with legal and regulatory requirements. Section 2: Retention of Public Records All City records shall be kept in either: (a) its original paper form, or (b) electronically, rop vided that the electronic copy complies with the requirements of Section 4 below. Whether kept in paper form or electronically, records shall be kept for the minimum period of time required by law (see Section 5, below), or until the record is no longer required, whichever period is longer. Section 3• Expiration of Retention Period, Destruction of Records Upon expiration of the retention period applicable to a City record, the record may be destroyed in one of the following two ways: A. No Copy Retained, Permission Required: if the record is proposed to be destroyed without retaining an electronic copy, the record shall only be destroyed with the permission of the City Attorney; or B. Copy Retained, No Permission Required: if the record is proposed to be destroyed but an electronic copy will be made and maintained according to the provisions of Section 4 below, no permission to destroy the record is necessary. Section 4• Requirements for Making Electronic Copies of Records City records may be destroyed without the written consent of the City Attorney if all of following conditions are complied with: A. The record is electronically recorded in a trusted system that does not permit additions, deletions or changes to the original record; and B. The device used to reproduce the record is one which accurately and legibly reproduces the original thereof in all details and does not permit additions, deletions, or changes to the original document images; and C. The electronic record is made as accessible for public reference as the original records were; and D. A second true electronic copy of archival quality of the original version shall be kept in a safe and separate place for security purposes. No page of any record shall be destroyed if any page cannot be reproduced electronically with full legibility. Every un- reproducible page shall be permanently preserved for the period of time required by law in a manner that will afford easy reference. For purposes of this Section, every reproduction shall be deemed to be an original record and a transcript, exemplification or certified copy of any reproduction shall be deemed to be a transcript, exemplification or certified copy, as the case may be, of the original. Section 5• Retention of Records by Each City Department Except for records which must be kept indefinitely (Section 1, above), records shall be retained, whether in original form or electronically, for the minimum of amount of time specified below, or until the same is no longer required, whichever is longer: Administrative Services (which includes City Clerk, Risk Management and Administrative Office): Indefinitely: Records affecting title to the Cjt3Ls real property (deeds, easements,, (maintained in Planning) etc.) City Council Meeting Minutes Planning Commission Meeting Minutes Ordinances, Resolutions Historical documents Municipal Code books Public Works: Indefinitely: As -built plans and drawings 2 years: Unaccepted bids and proposals to construct or install General correspondence Risk Management: 5 years: Claims and Litigation files (closed cases) Transit Services: Indefinitely: 1 year: Videotapes and recordings, provided, however, such videotapes shall be preserved and retained as evidence in any reported incident, claim filed or any pending litigation and destroyed only after any such incident, claim or litigation is resolved. 2 years: General correspondence 5 years: Short Range Transit Plans CHP Inspections Triennial Performance Audits 2 years: Audio and video tapes of meetings Loyalty oaths Agendas City Council and Planning Commission Meeting folders /packets Applications for appointment to Boards, Commission and Committees Membership in municipal organizations and groups Election petitions (initiative, referendum, recall and nomination) General correspondence Revised policies and procedures Press releases 3 years: Citizen complaints 4 years: Redevelopment Agency Agreements Service Contracts Leases Proofs of Publication 8 years: Election candidate statements Statements of Economic Interests (including losing candidates) Statements of Economic Interests - designated employees Campaign Statements (including losing candidates and their Committees) Campaign Statements- general and specific purpose Committees Certificates of Election Cable TV Franchise Agreements Solid Waste Franchise Agreements Joint Powers and Cooperative Agreements Building and Safety: For the Life of the Building: Commercial building plans Building Permits Condominium Plans Residential Apartment Plans Single Story Buildings with roof spans of more than 25 feet 2 years: General correspondence 3 years: Code Enforcement violations Nuisance Abatement (substandard structures) Community Services: 2 years: General correspondence Facility Use Agreements 4 years: Daily worksheets Finance: Indefinitely: 2 years: Order, shipping and billing records General correspondence 3 years: Sales and purchase records Business Licenses 5 years: Budget preparation files Municipal Bonds (after pay -off) Reports -- Census, Riverside County, State Insurance Policies 6 years: California income tax records ERISA records Audit reports Warrant register 15 years: Federal Income Tax records Human Resources: Indefinitely: Certain ERISA records to determine benefits due 2 years: Time cards Wage rate tables Work time schedules Records of additions to or deductions from wages Job applications Loyalty oaths General correspondence 4 3 years: Plans, trusts and collective bargaining agreements (expired) Employee notices Minors' work permits Personnel records and files Job descriptions and job qualifications (outdated) Retirement, pension and insurance plans (expired) Job advertisements Test papers Physical exams Family and medical leave act records California family rights act records Federal immigration (Form I -9) records Polygraph test records Illness and injury prevention program inspection and training records 4 years: Payroll records Income Tax Withholding Records Federal Unemployment Tax Records FICA Contributions Records Expired Insurance Policies 5 years: OSHA Log and Summary of Occupational Injury and Illnesses ( "OSHA Log 200 ") Employees' Claims for Worker's Compensation Benefits (DWC Form 1) Employer's Report of Occupational Injury or Illness (DLSR Form 5020) Reports to the Division of Worker's Compensation (e.g., DWC Form 500) Doctor's First Report of Occupational Injury or Illness (DLSR Form 5021) All medical records and reports WCAB Orders and Awards Records of payment of compensation benefits Copies of applications for adjudication of claim filed with the WCAB Copies of notices sent to the employee Worker's Compensation Claim Log PERS contracts and related documents (after expiration or termination) 10 years: Personnel files (after employment has ended) 30 years: Records of employee exposure to hazards such as toxic chemicals, high levels of noise, airborne contaminants and blood borne pathogens Information Systems: 2 years: E -mails and correspondence Office of Emergency Services: Indefinitely: 2 years: General correspondence Planning and Community Development Department: Indefinitely: maintained in City Clerk files Spheres of Influence Annexations Variances Subdivisions and Parcel Maps General Plans and Specific Plans Zone Maps and Text Landscape Plans and Approvals Land Use Permits and related environmental documents Sign Permits Certificates of Compliance Redevelopment Area LAFCO documents Lot line adjustments, street vacations (maintained in Planning Department 2 years: General correspondence City Clerk Recorded documents pertaining to private property (e.g., lot line adjustments, parcel mergers) 5 years: EIRs, Negative Declarations Fagade Rehab Contracts Community Development Block Grant ( "CDBG ") documents Planning grants or other funding requests (unless other retention required by grantor) STAFF REPORT TO: Alan C. Kapanicas, City Manager t P FROM: Elizabeth Urtiaga, Resources Director SUBJECT: Pass Transit's Fixed Route 2 Re- Evaluation DATE: May 17, 2011 BACKGROUND /ANALYSIS: The City of Beaumont/Pass Transit provides public transit services throughout the Pass Area. Fixed Route 2 services passengers from Beaumont to Cabazon. On a monthly basis, staff gathers and analyzes ridership data for all routes and periodically makes recommendations for improvements to the routes and schedules within the service area. Our goal is to provide the best possible customer service while adding services to unserved areas and eliminating service to areas that are not well used. Proposed changes to Route 2 include: - New service to Noble Creek Park District - New service to Oak Valley Greens community - Re- alignment of service to the Cabazon Outlet Mall - Re- structuring of service in the Cabazon community Staff held a Town Hall meeting on April 26, 2011 to hear testimony from passengers. A total of three people spoke and gave recommendations on re- routing service in Cabazon. All of those recommendations have been incorporated into the proposed changes. RECOMMENDATION: Staff recommends City Council open a public hearing, hear testimony and approved the proposed changes to Route 2 effective May 23, 2011. 450 400 350 300 250 200 ATTACHMENT Saturday Service 150 100 95 .75 77 :355 50 _ - 13 0 Jul-09 Aug -09 Sep -09 Oct -09 Nov -09 Dec -09 Jan -10 Feb -10 Mar -10 --4 Route 3 —Route 4 Route 2