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C08-14 - Interagency Service Agreement Between City Of Beaumont and RTA of B E g o Minutes 2� Beaumont City Council Beaumont Redevelopment Agency O t 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,August 5, 2008 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's office at 550 E.6th Street during normal business hours° WORKSHOP SESSION Workshop began at 4:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor Pro Tern Killough, Council Member Berg, Council Member Dressel, and Council Member Fox were present. Mayor DeForge was excused. 1) Federal Appropriation Programs for 2010 Items included in the workshop session are for discussion purposes only. No action by the city council is taken at this time. This portion of the agenda is to give input and receive clarification for items on the scheduled agenda or for future agenda's. CLOSED SESSION No Action Taken Closed Session began at 5:00 p.m. Place: Civic Center Conference Room Roll Call: Mayor Pro Tem Killough, Council Member Berg, Council Member Dressel, and Council Member Fox were present. Mayor DeForge was excused. a. Pursuant to Government Code Section 54957.6, Conference with Labor Negotiator—City Negotiator as Personnel Director Alan Kapanicas Employee Organizations and Staffing b. Pursuant to Government Code Section 54956.8 Conference with Real Property Negotiator Property Generally Located at 1. Government Code Section 54956.8—4th Street&Beaumont Avenue c. Pursuant to Government Code Section 54956.9(a)-Anticipated Litigation— Conference with Legal Counsel—Existing Litigation(Govemment Code 54956.9) 1. Outdoor Media Group, Inc. vs. City of Beaumont—Case No. ED CV 03- 01461 RT SGLx 2. Peters vs. City—Case No. RIC 467388 REGULAR SESSION Regular Session to begin at 6:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor Pro Tern Killough, Council Member Berg, Council Member Dressel, and Council Member Fox were present. Mayor DeForge was excused. Invocation: Council Member Dressel Pledge of Allegiance: Council Member Dressel Presentation: None Adjustments to Agenda: None ORAL AND WRITTEN COMMUNICATIONS: None 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 DeForge b) Mayor Pro Tern Killough—T-Now, Concerts in the Park, Beaumont Cool Center c) Council Member Berg— Update on the chamber Luncheon and Say Thank you to Code Enforcement d) Council Member Dressel—Update on the MDA Softball Tournament e) Council Member Fox- MDA Update, RTA update, Pass Transit update 2. CITY MANAGER REPORTS a. Community Information Update 1) Sale Tax Update 2) Alternative Transportation a) Golf Carts b) Public Parking Local Project Update b. What's That and Rumor Control d. Calendar of Events 1) August 6, 2008—Free Concert in the Park—7-9 p.m. Stewart Park— Sheena Easton 2) August 1a 2008-Free Concert in the Park—7-9 p.m. Stewart Park— The Doodlebop • i 3) September 16, 2008—City Council Meeting e. Report on Oral and Written Communications (City Manager) 3. CONSENT CALENDAR 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 July 1, 2008. c. Approval of the Warrant List for August 5, 2008. d. Denial of Claim—Sierra Pacific Electrical Engineers e. Denial of Claim—Calvin Sterling f. Approval of request for a one year extension of time on Tentative Tract Map No. 32850 (West of Manzanita Park Road, South of Potrero Blvd.). Applicant: Thatcher Engineering&Associates. g. Approval of the Interagency Service Agreement between City of Beaumont and the Riverside Transit Agency. h. Approval of Emergency Sewer Repair Public Works Contract. i. Adoption of Resolution No. RDA 2008-01 as presented—A Resolution of the Beaumont Redevelopment Agency Approving the use of monies for street improvements benefitting the Redevelopment Project Area —Palm Avenue and Pennsylvania Avenue Rehabilitation j. Approval of payment to the County of Riverside for raising City owned manholes to grade on several Cherry Valley streets. k. Award of Change Orders for Additional sludge removal and disposal from aeration basins one and two at the WWTP, Approval of the Project Progress Report and Authorize the City Attorney to make any non- substantive changes. 1. Award of Change Orders for the Beaumont Mesa Lift Station Force Mains, Approval of the Project Progress Report and Authorize the City Attorney to make any non-substantive changes. m. Approval of the Purchase of replacement pump equipment for Marshall Creek and Upper Oak Valley Lift Station. n. Approval of a Cooperative Agreement with the County of Riverside to Provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Service for the City of Beaumont. o. Adoption of Resolution No. 2008-35—A Resolution of the City Council of the City of Beaumont Amending the applicable Transportation Uniform Mitigation Fee (TUMF)Applicable to all Developments in the City of Beaumont. p. Authorization for Abandonment of An Easement at 1177 Beaumont Avenue. Recommendation: Approval of the Consent Calendar as presented. Mary Daniel spoke on Items 3.h and 3.1 . L Motion by Council Member Berg, Seconded by council member Fox to approve the Consent Calendar as presented. Vote:4/0 4. ACTION ITEMS/PUBLIC HEARING/REQUESTS a. Ordinance No. 938 at its second reading—An Ordinance of the City Council of the City of Beaumont, California Amending Section 9.02.030 of the Beaumont Municipal Code RE: "Prohibited Noise in Residential Zones" Recommendation: Discussion and Open Public Hearing and Adopt Ordinance No. 938 at its 2nd reading by title only. Staff report was given by Keith Hightower, Building and Code Enforcement. Open Public Hearing No Speakers Closed Public hearing Motion by Council Member Berg, Seconded by Council member Fox to approve as presented. Vote: 4/0 b. Tentative Parcel Map No. 35023—Proposed Division of a 27.57 Acre Parcel into 2 Industrial Lots Located Northwest of 4th Street and Nicholas Road.—Applicant:Oakmont Dowling Orchard, LLC (Public Hearing continued from July 15, 2008) Recommendation: Hold a Public Hearing &Approve Tentative Tract No. 35023 for a two-year period based on the findings and subject to the conditions of approval. Staff report was given by Chris Tracy, Staff Planner. Open Public Hearing 6:24 p.m. No speakers Closed Public Hearing 6:24 p.m. Motion by council Member Fox, Seconded by Council Member Dresses to approve Teentative Tract Map No. 35023 for a period of two years based on the finding and subject to the conditions of approval. Vote: 4/0 • c. Ordinance No. 940 —An Ordinance of the City Council of the City of Beaumont, California Adding Chapter 1.17 to the Beaumont Municipal Code Entitled "Administrative Code Enforcement Remedies" Recommendation: Hold a Public Hearing and approve the 1st reading of Ordinance No. 940 as presented. Staff report was given by Keith Hightower, Building and Code Enforcement. Open Public Hearing 6:28 p.m. No Speakers Closed Public Hearing 6:28 p.m. Motion my Council Member Dressel, Seconded by Council Member Berg to approve the 1st reading of Ordinance No, 940 as presented. Vote:4/0 d. Ordinance No. 941 —An Urgency Ordinance of the City Council of the City of Beaumont, California Establishing Regulations for Abandoned Residential Properties and Establishing a Registration Program. Recommendation: Hold a public hearing and Adopt Ordinance No. 941 as presented. Staff report was given by Alan Kapanicas, City Manager Open Public Hearing 6:30 p.m. No Speakers Closed Public Hearing 6:30 p.m. Motion by Council Member Dressel, Seconded by Council Member Fox to Adopt Urgency Ordinance No. 941 as presented. Vote: 4/0 e. Ordinance No. 942—An Ordinance of the City Council of the City of Beaumont, California Establishing Regulations for Abandoned Residential Properties and Establishing a Registration Program. Recommendation: Hold a public hearing and approve the 1St reading of Ordinance No. 942 as presented. Staff report was given by Alan Kapanicas, City Manager Open Public Hearing 6:32 p.m. No Speakers Closed Public Hearing 6:23 p.m. 4 y Motion by council Member Fox, Seconded by Council Member Dressel to approve the 1't reading or Ordinance No. 942 as presented. Vote:4/0 f. Supplemental Agreement for CDBG 2008-2009 Recommendation: Review and Approve the agreement for the use of CDBG Funds Subject to the Authority of the City Attorney to make Non-Substantive Changes. Staff report was given by Dave Dillon, Economic Development Director. Motion by Council member Dressel, Seconded by Council Member Berg to approve the agreement for the use of CDBG Funds Subject to the Authority of the City Attorney to make Non-Substantive Changes. Vote: 4/0 Adjournment • the City Council Meeting at 6:35 p.m. Res, - ub t, lan apanicas • City Manager / 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 b . r cog-4 AGREEMENT NO. 8-030 INTERAGENCY SERVICE AGREEMENT BETWEEN CITY OF BEAUMONT AND THE RIVERSIDE TRANSIT AGENCY THIS AGREEMENT is made and entered into this 5th day of August 2008 by and between the City of Beaumont, 550 East 6th Street, Beaumont, CA 92223(hereinafter referred to as"CITY"); and the Riverside Transit Agency, a public agency formed under a Joint Powers Agreement, 1825 Third Street, Riverside, California 92507 (hereinafter referred to as"AGENCY"). RECITALS: WHEREAS, CITY and AGENCY are empowered by law to provide the general public with convenient, safe and accessible transportation within their respective jurisdictions; and WHEREAS, CITY and AGENCY desire to cooperate and coordinate in route planning, scheduling, stops, transfers, fares and information dissemination; and WHEREAS, both parties agree that this Agreement shall be non-financial in nature; WHEREAS, this agreement shall supersede any and all previous service agreements; NOW, THEREFORE, it is mutually understood and agreed by CITY and AGENCY as follows: ARTICLE 1. PUBLIC INFORMATION CITY and AGENCY agree to cooperate in providing the public with specific transit information, advertising the operations of both agencies and promoting the general use of transit. ARTICLE 2. STOPS A. CITY and AGENCY agree to cooperate in the location, installation and maintenance of all jointly used bus stops, including use of the other's poles and posts at joint transfer points. B. Each party shall be solely responsible for claims for damages arising out of its installation of its bus stop signs or passenger amenities. C. Each party agrees to the establishment of stops in the other's service area, subject to approval of each specific stop. D. Each party may negotiate with the other party regarding boarding restrictions within its respective service area where duplication of service or potential revenue loss may occur. E. Each party shall be responsible for obtaining any required licenses or permits and paying any necessary fees in order to establish bus stops, install amenities or operate service in either service area. ARTICLE 3. FARES Fares may vary in accordance with adopted policies of each party. Each party shall retain all fares collected in the operation of their service. ARTICLE 4. TRANSFER CONNECTIONS CITY and AGENCY agree to facilitate minimization of passenger waiting time, and both parties shall coordinate schedules whenever practical. ARTICLE 5. TRANSFER A. CITY shall accept AGENCY'S fare media valued at AGENCY'S base fare for that service toward CITY'S fixed route services at common transfer points. Passenger must pay any equalizing fare, if required. In the event that AGENCY'S base fare is valued at more than CITY'S base fare, no change or credit will be due the passenger. B. AGENCY shall accept CITY'S fare media valued at CITY'S base fare for that service toward AGENCY'S regular fixed route services. Passenger must pay any equalizing fare, • if required. In the event that CITY'S base fare is valued at more than AGENCY'S q base fare, no change or credit will be due the passenger. C. Transfer media from CITY shall not be valid on AGENCY'S CommuterLink or Dial-A- Ride service. D. Transfer media from AGENCY shall not be valid on CITY'S Dial-A-Ride or any premium CITY service. ARTICLE 6. OPERATIONAL INFORMATION Each party shall notify the other agency of future plans for route and schedule changes, exclusive of temporary demand and emergency situations, no later than 30 days before the changes are scheduled to be implemented. ARTICLE 7. CONTROL AND RESPONSIBILITY A. Each party to this Agreement, in its operations pursuant hereto, is acting as an independent contractor and agrees to indemnify and hold the other party, including its officers, directors, employees, agents, subcontractors and suppliers, harmless from and against all claims, losses, damages and expenses, including attorney's fees, on account of bodily injury to or death of any person, or for property damage arising out of the performance of services described in this Agreement, unless caused by the negligence of the other party. B. Each party to this agreement shall indemnify, defend and hold harmless the other party, including its officers, directors, employees, agents, subcontractors and suppliers, from and against any and all liability or expense including any claim of liability and any and all losses or costs, including legal expenses and costs of expert witnesses and consultants, that may be imposed by the other party solely by virtue of the provisions of Section 895.2 of the California Government Code. ARTICLE 8. SERVICE TO BE OPERATED Each party may operate non-duplicating services in the other's jurisdiction with the written approval of the other agency. Every attempt shall be made to coordinate alignments, schedules, stops, fare policies, and route planning for the safety and convenience of the general public. ARTICLE 9, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT(ADA) Each party shall be solely responsible for complying with the Americans with Disabilities Act of 1991 (ADA)as amended, including the provision of parallel ADA demand response service along each party's fixed routes operated in the other party's service area. ARTICLE 10, NO MONETARY CLAIMS Neither party shall have any claims against or liabilities to the other party on account of expenses incurred or revenues received or lost as a result of this Agreement except as otherwise provided. ARTICLE 11. TERMS OF THE AGREEMENT This Agreement shall be effective on the date of full execution and will remain in effect until terminated by either party by giving 60 days written notice to the other party. ARTICLE 12. NOTIFICATION AND MAILING ADDRESSES Any requests and demands made between the parties pursuant to this Agreement are to be directed as follows: AGENCY: CITY: Riverside Transit Agency City of Beaumont 1825 Third Street 550 East 6th Street Riverside, CA 92507 Beaumont, CA 92223 Attn: Vince Rouzaud Attn: Elizabeth Urtiaga Chief Procurement& Logistics Officer Resources Director (951)565-5180 (951)769-8521 • Any notices of service and schedule changes are to be directed as follows: AGENCY: CITY: Riverside Transit Agency City of Beaumont 1825 Third Street 550 East 6th Street Riverside, CA 92507 Beaumont, CA 92223 Attn: Mark Stanley Attn: Elizabeth Urtiaga Director of Planning Resources Director (951) 565-5130 (951) 769-8521 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written. RIVERSIDE TRANSIT AGENCY CITY O• :E UMONT By44064 �iv Larry Rubio Alan C. Ka. ncas Chief Executive Officer City Manager APPROVED AS TO FORM: A -OVED AS T a FORM: By : to By Kennard R. Sma a Josep Aku General Counsel City ttorney