No 2016 Audit, but Raises for Corrupt Staff and Sewer Fee Increase in Violation of Prop 218. Does Pinkney Know Nothing About State Law?
550 E 6th Street, Beaumont, Ca
Tuesday, November 7, 2017
City of Beaumont City Council Meeting
Agenda
Swearing In 5:00 PM
Closed Session 5:15 PM
Regular Session 6:00 PM
CLOSED SESSION
2. Conference with Legal Counsel – Anticipated Litigation Pursuant to Government Code Sections 54956.9(d)(1), (2) and/or (3) Regarding Potential Litigation/Legal Proceedings by The Preserve LLC to Enforce the Stay in the Preserve LLC Chapter 11 Case. Case No. 6:08-bk-23006-BB (one potential case)
3. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8: Property 418-190-004, 418-190-005, 418-190-006 and 418-190-007. Agency Negotiator: City Manager, Todd Parton. Negotiating parties (City of Beaumont as potential seller and Khalid Hashmi or Mark E. Sandoval as potential buyers). Under Negotiation: Price and Terms of Sale.
4. Public Employee Performance Evaluation Pursuant to Government Code Section 54957(b)(1) – Employee Title: City Manager
5. Conference with Labor Negotiator Pursuant to Government Code Section 54957.6 City Representatives: Council Member Mike Lara and Mayor Pro Tem Nancy Carroll; Unrepresented Employee: City Manager
REGULAR SESSION
REGULAR SESSION OF THE BEAUMONT CITY COUNCIL AND THE BEAUMONT FINANCING AUTHORITY
3. Authorize Executive Director to Enter into a Contract with Bradley Arant Boult Cummings L.L.P (Badley) to Serve as Independent Consultant as Required Pursuant to SEC Settlement
CONSENT CALENDAR
4. Ratification of Warrants dated October 12, 2017 – $242,880.44
5. Ratification of Warrants dated October 19, 2017 – $507,425.71
6. Ratification of Warrants dated October 30, 2017 – $440,869.68
7. Ratification of Warrants dated November 2, 2017 – $194.423.91
8. Approval of Minutes dated October 17, 2017
9. Waive the Second Reading of an Ordinance of the City of Beaumont, California, Amending Chapter 13.20 of the City of Beaumont Municipal Code, Regulating the Discharge of Wastes into the Public Sewer and Storm Drain Systems in the City of Beaumont and Repealing Ordinance No. 627
10. Bonds Acceptance and Approval of the Agreement to Provide Financial Security for Sewer Improvements for Tract 31470-5 Pardee Homes
11. Approval of Final Map for Tract # 37045, and Improvement Agreement for the Survey Monumentation Bond – Rich Development Company
12. Approval of Parcel map # 35789, and Improvement Agreement for the Survey Monumentation Bond – Rich Development Company
13. Amendment of Contract Awarded for Security Gate Installation
14. Cooperative Agreement between City of Beaumont, and City of Banning, for Traffic Signal and Safety Lighting Maintenance
15. Authorize Resolution of the City of Beaumont City Council Authorizing a Deferred Compensation Plan
16. Land Lease Agreements and Memorandum of Lease with Verizon Wireless for Two Wireless Communication Towers Located at the Community Center (1310 Oak Valley Parkway) and the Palmer Avenue Lift Station (11250 Palmer Avenue)
17. Cooperative Agreement between City of Beaumont, Riverside County Flood Control and Water Conservation District (RCFCWCD), and Sundance, LLC for Highland Springs Channel Stage 3 Improvements
18. Approve Funding Agreements with Caltrans including Administering Agency-State Agreement No. 08-5209F15 and Program Supplement Agreement No. 008-F and Adopt a Resolution of City Council Authorizing City Manager to Execute Administering Agency-State Agreement No. 08-5209F15 and Program Supplement Agreement No. 008-F
19. Issuance of Request for Proposals (RFP) for Consultant Services for Recycled Water Use Analysis
20. Authorize City Staff to Initiate a Request for Proposal to Provide Special Counsel Services
ACTION ITEMS/PUBLIC HEARINGS/REQUESTS
Approval of all Ordinances and Resolutions to be read by title only.
21.Approval of Administrative, Planning, Building and Safety, Fire Prevention, Police, Animal Control and Public Works User Fees and Community Services Recreation Fees
Recommended Council Action(s):
1. Take Testimony, and close Public Hearing
2. Adopt Resolution of the City Council of the City of Beaumont adopting a Comprehensive User Fee Study and adopting a Comprehensive Fee Schedule Establishing User Fees for Certain Specified Services
22. Ordinance Establishing the Development Impact Fee Program
Recommended Council Action(s):
1. Hold a public hearing; and
2. Waive the reading and approve an Ordinance of the City Council of the City of Beaumont Establishing the 2017 Development Impact Fee Program, including the 1% administrative cost recovery charge, based upon the findings stipulated within the ordinance.
23. Request for Proposal for Design of Quiet Zone Project
Recommended Council Action(s):
1. Approval from City Council to retain a consultant to further review Option 1 and Option 2, recommend the preferred option and complete the design of the preferred option.
24. Notice of Award – Bus Procurement
Recommended Council Action(s):
1. Approve the purchase and authorize staff to issue a purchase order to Creative Buss Sales for one Type H El Dorado National EZ Rider II bus in the amount of $511,412.72 from Account Number 760-0000-1625-0000
25. Approve and Authorize the Issuance of a Purchase Order and Lease Purchase Agreement to Fairview Ford for Four (4) Ford F150 Trucks and One (1) Ford F350 Truck
Recommended Council Action(s):
1. Approve and authorize the issuance of a purchase order to Fairview Ford for the purchase of Four (4) Ford F150 trucks and one (1) Ford F350 truck in an amount not to exceed $184,590.70 and authorize the City Manager to execute a lease purchase agreement.
26. First Reading of an Ordinance of the City Council of the City of Beaumont California Amending Chapter 3.02 Concerning Procurement of Professional Services of the City of Beaumont Municipal Code
Recommended Council Action(s):
1. Hold a Public Hearing; and
2. Introduce and waive the first reading, by substitution of title only of an Ordinance of the City Council of the City of Beaumont, California Amending Chapter 3.02 Concerning Procurement of Professional Services of the City of Beaumont Municipal Code.
27. Repeal and Replace Municipal Code Chapters 3.00 and 3.01 with the Approval of Resolution of The City of Beaumont in the Matter of Uniform Public Construction Cost Accounting Procedures and Ordinance Amending Chapters 3.00 and 3.01 Concerning Bidding, Contracting for Public Projects, Goods and Services of the City of Beaumont
Recommended Council Action(s):
1. Hold a Public Hearing; and
2. Approve Resolution of the City of Beaumont in the Matter of Uniform Public Construction Cost Accounting Procedures
3. Introduce and waive the full reading, by substitution of title only, an Ordinance of the City Council of the City of Beaumont, California Amending Chapter 3.00 and 3.01 Concerning Bidding, Contracting for Public Projects, Goods and services of the City of Beaumont Municipal Code.
28. Sewer Rate Study – Approve to Initiate the Proposition 218 Notice Process
Recommended Council Action(s):
1. Approve to initiate the Proposition 218 process to mail the hearing notice that must be sent to all property owners and current customers of sewer services 45 days in advance of a hearing to set the sewer rates.
29. Employment Agreements for Community Development Director, Administrative Services Director, Community Services Director and Finance Director
Recommended Council Action(s):
1. Approve four (4) employment agreements for the positions of Community Development Director, Administrative Services Director, Community Services Director and Finance Director.
30. First Amendment to City Manager Employment Agreement
Recommended Council Action(s):
1. Approve the First Amendment to City Manager Employment Agreement.
31. Reimbursement of Travel Expenses to Mayor Lloyd White
Recommended Council Action(s):
1. Approve the reimbursement request in the amount of $74.37
32. Reimbursement of Travel Expenses to Council Member Julio Martinez
Recommended Council Action(s):
1. Approve the reimbursement request in the amount of $1,052.90
33. Status of Litigation – Incomplete List of Lawsuits