CITY COUNCIL CLOSED & REGULAR SESSION
AGENDA

Tuesday, March 07, 2023

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

550 E. Sixth Street, Beaumont, CA

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

MEETING PARTICIPATION NOTICE

This meeting will will be recorded for live streaming as well as open to public attendance. 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 are accepted by notifying the City Clerk using a provided Request to Speak Form prior to the start of the Public Comment Period. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council.

In compliance with the American Disabilities Act, if you require special assistance to participate in this meeting, 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 Martinez, Mayor Pro Tem Fenn, Council Member Lara, Council Member Voigt, Council Member White

B.

PUBLIC COMMENTS REGARDING CLOSED SESSION

B.1

Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8

Property: 826 Euclid Avenue (APN 415-333-007) , 802 Euclid Avenue (APN 415-333-009) and vacant land described as APN Numbers 415-333 008, 010, 011 and 012) Agency negotiator: Elizabeth Gibbs Negotiating parties: Beaumont Concrete Co./Daniel Thomas. Under negotiation: Price and other terms.

B.2

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

Megan Reeves v. City of Beaumont et. al. US Dist. C.D. Cal. Case No. 5:22-cv-01910-SB-MRW (cons. w/ 5:22-cv-02021-SB-MRW)

B.3

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

Ezekwesili Iloputaife et al. v. City of Beaumont et. al., US Dist. C.D. Cal.  Case No. 5:21-CV-01452-JWH-AGR; Ezekwesili Iloputaife et al. v. City of Beaumont et. al., Riv. Sup. Ct. Case No. CVRI 2105069

B.4

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

Omar Ochoa v. City of Beaumont et. al. Riv. Sup. Ct. Case No. CVSW2300674

B.5

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

Juan Gabriel Cazares et. al. v.  City of Beaumont, Riv. Sup. Ct. Case No. CVRI2300446

B.6

Public Employee Performance Evaluation Pursuant to Government Code Section 54957Title: City Manager

C.

ADJOURNMENT TO CLOSED SESSION

REGULAR SESSION

D.

CALL TO ORDER

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

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

E.1

Beaumont City Council Disclosure Training

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:
  February 16, 2023
  February 23, 2023

G.2

Approval of Minutes

• Recommended Action:

  Approve Minutes dated February 21, 2023.

G.3

Storm Water Management Facilities Covenant and Agreement

Approve Storm Water Management WQMP/BMP Facilities Covenant and Agreement for Highland Springs Remodel and G&G Pallets.

• Recommended Action:

  Approve the Storm Water Management WQMP/BMP Facilities Covenant and Agreement for Highland Springs Remodel and Development by M3K Highland LLC, and

  Approve the Storm Water Management WQMP/BMP Facilities Covenant and Agreement for 202 E. Third Street by Jose Garcia, David Schuelke, and Emeline Schuelke.

G.4

First Amendment to the Professional Services Agreement for Rogers, Anderson, Malody & Scott, LLP for Professional Auditing Services

Amendment to extend the term of the contract for one (1) year and increased labor costs.

• Recommended Action:

  Approve the First Amendment to the Professional Services Agreement with Rogers, Anderson, Malody & Scott, LLP for the first option year in an amount not to exceed $55,800 for auditing services.

G.5

Ratification of Emergency Repair Costs for Membrane Bioreactor (MBR) Pump – Capital Improvement Project No. 2017-005

Ratify emergency pump repairs in the amount of $36,890.52.

• Recommended Action:

  Ratify the cost of emergency repairs in the amount of $36,890.52 payable to DXP Enterprises, Inc.

G.6

Update to the Economic Development Committee Policy and Procedures

Determination of authorized power of appointment to a voting seat on the Economic Development Committee.

• Recommended Action:

  Review and adopt the updated Economic Development Committee Policy and Procedure.

G.7

Second Reading to Adopt Ordinance Amending Chapter 3.02 of the Beaumont Municipal Code – Procurement of Professional Services

Adoption of an ordinance amending Beaumont Municipal Code Chapter 3.02.

• Recommended Action:

  Waive the full, second reading and adopt by title only. “An Ordinance of the City Council of the City of Beaumont, California, Amending Chapter 3.02 to the City of Beaumont Municipal Code.”

H.

YOUTH COUNCIL REPORT

Beaumont Youth Council Report Out and City Council Direction

I.

PUBLIC HEARINGS

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

I.1

Public Hearing and Consideration of Resolution Adopting an Updated User Fee Schedule

Specific service fees to be updated based on comprehensive user fee study. The adoption of this Resolution is exempt from the California Environmental Quality Act (“CEQA,” Public Resources Code Sections 21000 et seq.), because it approves and sets forth a procedure for determining fees for the purpose of meeting the operating expenses of City departments, as set forth in Public Resources Code Section 21080(b)(8)(A) and Section 15273 of the California Environmental Quality Act Guidelines.

• Recommended Action:

  Hold a Public Hearing, and

  Waive the full reading and adopt by title only, “A Resolution of the City Council of Beaumont Adopting a Comprehensive User Fee Study and Adopting a Comprehensive Fee Schedule Establishing User Fees for Certain Specified Services.”

J.

ACTION ITEMS

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

J.1

Request to Approve Purchase of Restroom Modular for Police Department – Capital Improvement Project No. PS-08

Request to approve the purchase of a restroom modular to add sufficient restroom facilities to the Police Department, including the installation and connection to sewer and water.

• Recommended Action:

  Approve the purchase of the modular restrooms from Mobile Modular in the amount of $89,262.53.

J.2

Approve a Purchase Order to GameTime, A Play-Core Company for a New Playground at Shadow Creek Park – in an Amount Not to Exceed $196,866.14 – Capital Improvement Project No. P-16

Purchase order for playground equipment at Shadow Creek Park CIP No. P-16.

• Recommended Action:

  Approve a Purchase Order to GameTime for playground equipment in the amount of $196,866.14 allocated to CIP No. P-16.

J.3

Agreement for Purchase of Mitigation Bank Credits Associated with Capital Improvement Program (CIP) No. 2017-009 Pennsylvania Avenue Widening

Authorize an agreement in an amount of $80,000 for purchase of mitigation bank credits associated with CIP 2017-009 Pennsylvania Avenue Widening.

• Recommended Action:

  Authorize the Mayor to execute an agreement for sale of credits in an amount of $80,000 for purchase of mitigation bank credits associated with CIP 2017-009, Pennsylvania Avenue Widening.

J.4

Discussion and Direction on Sending a Legislative Delegation to Washington D.C. and Sacramento

Discussion and direction to staff on potentially sending a legislative delegation to Washington D.C. and Sacramento to lobby for funding for capital improvement projects.

• Recommended Action:

  Discuss and give direction to staff.

J.5

Discussion and Direction of Items to be Placed on the City Council’s Consent Calendar

Discuss and provide direction to staff on items generally appropriate for the consent calendar.

• Recommended Action:

  Discuss and provide direction to staff on items to agendize on City Council’s consent calendar.

K.

LEGISLATIVE UPDATES AND DISCUSSION

L.

ECONOMIC DEVELOPMENT UPDATE

Economic Development Committee Report Out and City Council Direction

M.

CITY TREASURER REPORT

Finance and Audit Committee Report Out and City Council Direction

N.

CITY CLERK REPORT

O.

CITY ATTORNEY REPORT

P.

CITY MANAGER REPORT

Q.

FUTURE AGENDA ITEMS

R.

COUNCIL REPORTS

White
Voigt
Lara
Fenn
Martinez

S.

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 Tuesday, March 21, 2023 at 6:00 p.m. unless otherwise posted.