CITY COUNCIL CLOSED & REGULAR SESSION
AGENDA

Tuesday, November 15, 2022

Closed Session: 5:00 PM Regular Meeting: 6:00 PM

550 E. Sixth Street, Beaumont, CA

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk’s office at 550 E. 6th Street during normal business hours.

MEETING PARTICIPATION NOTICE
This meeting will be conducted utilizing teleconference communications and will be recorded for live streaming as well as open to public attendance subject to social distancing and applicable health orders. All City of Beaumont public meetings will be available via live streaming and made available on the City's official YouTube webpage. Please use the following link during the meeting for live stream access:  beaumontca.gov/livestream

Public comments will be accepted using the following options.

1. Written comments will be accepted via email and will be read aloud during the corresponding item of the meeting. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council. Comments can be submitted anytime prior to the meeting as well as during the meeting up until the end of the corresponding item. Please submit your comments to:

2. Phone-in comments will be accepted by joining a conference line prior to the corresponding  item of the meeting. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council. Please use the following phone number to join the call (951) 922 - 4845. 

3. In person comments subject to the adherence of the applicable health orders and social distancing requirements.

In compliance with the American Disabilities Act, if you require special assistance to participate in thismeeting, please contact the City Clerk's office using the above email or call (951) 572 - 3196. Notification 48 hours prior to a meeting will ensure the best reasonable accommodation arrangements.

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CLOSED SESSION

A.

CALL TO ORDER

Mayor White, Mayor Pro Tem Martinez, Council Member Fenn, Council Member Santos, Council Member Lara

B.

PUBLIC COMMENTS REGARDING CLOSED SESSION

B.1

Conference with Labor Negotiators - Pursuant to Code Section 54957.6

City Designated Representatives City Manager Elizabeth Gibbs and Administrative Services Director Kari Mendoza. Employee Organizations: Police Managers

B.2

Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1)

One Case: Mileena Garcia et al. (Case number 5:22-cv-1629-SSS(KKx)

B.3

Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) and/or (3)

One Potential Case Related to Threat of Litigation by Representative of Project Applicant for Tentative Tract Map 32850 

B.4

Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) and/or (3)

One Potential Case Related to Threat of Litigation by Noble Creek Meadows, LLC Related to the Noble Creek Vistas Specific Plan

B.5

Conference with Legal Counsel Regarding Potential Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4)

One potential case.  

C.

ADJOURNMENT TO CLOSED SESSION

REGULAR SESSION

D.

CALL TO ORDER

Mayor White, Mayor Pro Tem Martinez, Council Member Fenn, Council Member Santos, Council Member Lara

Report out from Closed Session
Action on any Closed Session Items
Action of any Requests for Excused Absence
Pledge of Allegiance
Invocation
Adjustments to the Agenda
Conflict of Interest Disclosure

E.

ANNOUNCEMENTS / RECOGNITION / PROCLAMATIONS / CORRESPONDENCE

F.

PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA)

Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a “Public Comment Form” provided at the back table and give it to the City Clerk. There is a three (3) minute time limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the City Council from discussing or taking actions brought up by your comments.

G.

CONSENT CALENDAR

Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. Approval of all Ordinances and Resolutions to be read by title only.

G.1

Ratification of Warrants

• Recommended Action:

  Ratify Warrants dated: 

  October 25, 2022
  November 1, 2022

G.2

Approval of Minutes

• Recommended Action:

  Approve Minutes dated November 1, 2022.

G.3

Second Reading of Proposed Amendments to Beaumont Municipal Code Chapter 17.02 “Administration”, Chapter 17.03.120 “Permitted Uses for Base Zone Districts,” and Chapter 17.19.120 “Downtown Districts”

Recommended changes to the Beaumont Municipal Code to help facilitate business activity in the downtown area and City wide.

• Recommended Action:

  Waive the full second reading and adopt by title only, “An Ordinance of the City Council of the City of Beaumont Amending Beaumont Municipal Code Chapter 17.02 “Administration”, Chapter 17.03.120 “Permitted Uses for Base Zone Districts”, and Chapter 17.19.120 “Downtown Districts.”

G.4

Authorize Staff to Issue a Bond Exoneration Letter for Performance and Payment Bonds, and Accept Maintenance Bonds

Tract Map No 27971-4

• Recommended Action:

  Authorize City staff to issue a Bond Exoneration Letter for Performance and Payment Bonds and Accept Maintenance Bonds for (Project / Bond Number / Improvement / Maintenance Bond Number):

  Tract Map No. 27971-4 / 1154350 / Sewer / 1154350-M

G.5

Receive and File the Fiscal Year 2021-2022 Health and Safety Code (HSC) 13146.4 Annual Inspection Report of Certain Occupancies Pursuant to Sections HSC 13146.2 and 13146.3

State Mandated Annual Inspection Reporting

• Recommended Action:

  Receive and file the FY 2021/2022 HSC 13146.4 Annual Inspection Report

G.6

Adoption of a Resolution Extending Participation in the Abandoned Vehicle Abatement (AVA) Program

The County of Riverside, which administers the Abandoned Vehicle Abatement (AVA) program, has requested adoption of an updated resolution extending the City of Beaumont’s participation in the AVA program through May 31, 2024.

• Recommended Action:

  Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont, Authorizing the Extension of the Service Fee Collected on Behalf of the Riverside County Abandoned Vehicle Abatement Service Authority until May 2024.”

G.7

Consideration of Re-Authorizing the Use of Teleconferencing to Conduct Public Meetings

To continue the use of teleconferencing for a 30-day period through December 15, 2022.

• Recommended Action:

  Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont Proclaiming a Local Emergency Persists, Re-Ratifying the Proclamation of a State of Emergency by Executive Order N-09-21, and Re-Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Beaumont for the Period of November 15, 2022, through December 15, 2022, Pursuant to Provisions of the Ralph M. Brown Act.”

G.8

Consider Adopting a Resolution of the City of Beaumont Authorizing the Waiver of Monthly Facility Use Fees at the Albert A. Chatigny, Sr. Community Recreation Center

Request of fee waiver from Beaumont Community Youth Basketball.

• Recommended Action:

  Waive the full reading and adopt by title only, “A Resolution of the City of Beaumont authorizing the waiver of monthly facility use fees at the Chatigny Community Recreation Center (CRC) for Beaumont Community Youth Basketball (BCYB).” 

G.9

First Amendment to the Professional Service Agreement with EXP U.S. Services, Inc. for Engineering Services for Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 Project (CIP2019-19)

First Amendment to Professional Services Agreement for Engineering Services to EXP U.S. Services, Inc. for Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 Project (CIP2019-19)

• Recommended Action:

  Approve the First Amendment to the Professional Services Agreement with EXP U.S. Services, Inc., in an amount not to exceed $61,847 for additional Engineering Services for the Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 Project (CIP2019-19).

G.10

Ratification of Purchase of Two City Hall Gymnasium Air Conditioning Units and Associated Electrical Upgrades

Emergency purchase in the amount of $37,760.

• Recommended Action:

  Ratify the costs associated with the installation of new circuit breakers and heating and air conditioning units at the Civic Center in the amount of $37,760 payable to Burgeson Heating and Air Inc.

G.11

Authorization for a Letter of Credit for Mitigation Bank Credits Associated with CIP 2017-009 Pennsylvania Avenue Widening

Authorize City staff to execute a letter of credit in an amount not to exceed $96,000 for future purchase of mitigation bank credits associated with CIP 2017-009 Pennsylvania Avenue Widening.

• Recommended Action:

  Authorize City staff to execute a letter of credit in an amount not to exceed $96,000 for future purchase of mitigation bank credits associated with CIP 2017-009 Pennsylvania Avenue Widening.

H.

PUBLIC HEARINGS

Approval of all Ordinances and Resolutions to be read by title only.

H.1

Public Hearing to Consider an Ordinance Amending Chapter 15 of the Beaumont Municipal Code

Adoption of the 2022 California Building Standards Code (California Code of Regulations – Title 24)

• Recommended Action:

  Hold a Public Hearing, and

  Waive the full reading and approve the first reading by title only “An Ordinance of The City Council of The City of Beaumont, California, Approving the Adoption of the 2022 Edition of the California Building Standards Code, (California Code of Regulations, Title 24), Parts 2, 2.5, 3, 4, 5, 6, 8, 10 and 11 with Amendments and Amending Portions of Chapter 15 ‘Buildings and Construction’ of the Beaumont Municipal Code.”

H.2

Public Hearing and Consideration of Amendments to Chapter 15.20 of the Beaumont Municipal Code

Adoption of the 2022 California Fire Code (

• Recommended Action:

  Hold a Public Hearing; and
  Waive the first full reading and approve by title only, "An Ordinance of The City Council of The City of Beaumont, California, Approving the Adoption of the 2022 Edition of the California Building Standards Code, (California Code of Regulations Title 24), Part 9, 2022 California Fire Code with Amendments and Amending Chapter 15.20 'Fire Code,' of the Beaumont Municipal Code."

H.3

Public Hearing and Consideration of CDBG Funding Requests for Program Year 2023-2024

Annual consideration of requests for Community Development Block Grant (CDBG) funding.

• Recommended Action:

  Hold a public hearing,

  Approve and authorize staff to submit a CDBG application for the City of Beaumont Downtown Blight Abatement and give authority to the City Manager to reduce or increase the amount funded to the project based on the final amount of funding available to the City of Beaumont, and

  Approve and authorize staff to submit a CDBG application for the Boys & Girls Club of the San Gorgonio Pass in the amount of $20,000 subject to the conditions of the CDBG program as provided by Riverside County EDA.

H.4

Public Hearing and Consideration of Amendment No. 2 to the Development Agreement for Beaumont Crossroads II (Hidden Canyon Specific Plan)

Partial assignment of an amended and restated development agreement by and between the City of Beaumont, MPLD II Inland Empire, LLC, MPLD Inland Empire ULC, LLC and MPLD Inland Empire KRB, LLC.

• Recommended Action:

  Hold a Public Hearing; and

  Waive the first full reading and approve by title only, “An Ordinance of the City Council of the City of Beaumont, California, Approving an Amended and Restated Development Agreement by and between the City of Beaumont, MPLDII Inland Empire, LLC and MPLD Inland Empire ULC, LLC and MPLD Inland Empire KRB, LLC.”

H.5

Public Hearing and Consideration of a Request to Modify Conditions of Approval for Tentative Tract Map 32850 (TM2022-0009) and Consideration of a Third Amendment to a Settlement Agreement Exempt under CEQA Section 15061(b)(3)

This item is continued from City Council meetings on October 18 and November 1, 2022. This is a request to amend the Conditions of Approval for Tentative Tract Map No. 32850 and consider a third amendment to an existing settlement agreement.

• Recommended Action:

  Hold a Public Hearing; and

  Approve the modifications to the conditions of approval for Tentative Tract Map No. 32850; and

  Approve the third amendment to the settlement agreement for Tentative Tract Map 32850

H.6

Cancelled - Public Hearing and Consideration of a Proposed Development Agreement Related to Development of the Noble Creek Vistas Specific Plan

This item has been cancelled.

I.

ACTION ITEMS

Approval of all Ordinances and Resolutions to be read by title only.

I.1

Update on Status of Matter Considered at the March 15, 2022, City Council Meeting Regarding Consideration of Possible Amendments to Settlement Agreement, Mitigation Measures, and Conditions of Approval Relating to the Noble Creek Vistas Specific Plan

Follow up item to the previous City Council item related to the Noble Creek Vistas Specific Plan presented at the March 15, 2022, City Council Meeting

• Recommended Action:

  Receive an update on developer’s progress related to completion of a traffic study and revised settlement agreement with CVAN per City Council’s direction and motion on March 15, 2022.

I.2

Discussion on the Creation of a Beaumont Youth Council to Serve as an Advisory Board to the Beaumont City Council

To provide youth engagement and assist in problem solving solutions.

• Recommended Action:

  Review, discuss, and provide direction on creating the proposed Beaumont Youth Council to serve as an advisory board to the Beaumont City Council.

I.3

Discussion on Retaining the Services of an Owner’s Representative/Program Manager Services Firm for the New Police Station Capital Improvement Project (CIP PS-07)

Discuss the possibility of retaining a firm to provide an owner’s representative/program manager service for the future police station capital improvement project.

• Recommended Action:

  Discuss, review the draft scope of services, and direct staff to issue a request for proposal to retain the services of an owner’s representative/program manager services firm for the new police station capital improvement project (CIP PS-07).

I.4

City Wide Truck Routes

Discussion regarding existing and potential truck routes throughout the City of Beaumont, particularly in the southeast portion of the City.

• Recommended Action:

  Provide staff direction to assess expected impacts from future development.

I.5

Third Amendment to the Professional Services Agreement with Moffatt & Nichol

Approve the third amendment to the Professional Services Agreement with Moffatt & Nichol for the Pennsylvania Avenue Grade Separation project in an amount not to exceed $144,705

• Recommended Action:

  Approve by four-fifths vote of the City Council the Third Amendment to the professional services agreement with Moffatt & Nichol for the Pennsylvania Grade Separation Project, in an amount not to exceed $144,705.

I.6

Approve Third Amendment to Agreement for an Extension of a Contract with Clinical Laboratory Services of San Bernardino, Inc., to Provide Laboratory Testing Services at the City of Beaumont Wastewater Treatment Plant

Staff is recommending an 18-month extension of the current contract through June 30, 2024, with Clinical Laboratory Services of San Bernardino, Inc., to Provide Laboratory Testing Services at the City of Beaumont Wastewater Treatment Plant.

• Recommended Action:

  Approval of the Third Amendment to Agreement for an extension to June 30, 2024, with Clinical Laboratory Services of San Bernardino, Inc., to provide laboratory testing services at the City of Beaumont Wastewater Treatment Plant in the amount not to exceed $191,000.00 if approved by a four-fifths vote

I.7

Approval of City Attorney Invoices for the Month of October 2022

Approve invoices in the amount of $97,518.15.

J.

LEGISLATIVE UPDATES AND DISCUSSION

K.

ECONOMIC DEVELOPMENT UPDATE

Economic Development Committee Report Out and City Council Direction

L.

CITY TREASURER REPORT

Finance and Audit Committee Report Out and City Council Direction

M.

CITY CLERK REPORT

N.

CITY ATTORNEY REPORT

O.

CITY MANAGER REPORT

O.1

Department Project Schedule Updates - October 2022

P.

FUTURE AGENDA ITEMS

Q.

COUNCIL REPORTS

Lara
Santos
Fenn
Martinez
White

R.

ADJOURNMENT

The next regular meeting of the Beaumont City Council, Beaumont Financing Authority, the Beaumont Successor Agency (formerly RDA), the Beaumont Utility Authority, the Beaumont Parking Authority and the Beaumont Public Improvement Agency is scheduled for December 6, at 6:00 p.m. unless otherwise posted.