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C10-29 - Tule Ranch/Magan FarmsAGREEMENT NO. AGREEMENT FOR THE REMOVAL AND REUSE OF CITY GENERATED BIOSOLIDS This Agreement is made and entered into on this 19 day of July 2010 by and between The City of Beaumont ( "City ") and TULE RANCH /MAGAN FARMS, of Fresno, CA. ( "Contractor "). RECITALS WHEREAS, City owns and operates Water Reclamation Facilities which produce aerobically and anaerobically digested biosolids resulting from treatment of wastewater; and WHEREAS, Contractor operates biosolids reuse facilities in Dateland, Az. and alternative sites in Kern and Kings County, Ca.; and WHEREAS, Contractor has obtained permission to operate said biosolids reuse facilities with all appropriate permits; and WHEREAS, City desires to enter into an agreement with Contractor for the removal and beneficial reuse and /or disposal of biosolids generated at the City of Beaumont's Sewage Treatment Plant (STP) in Beaumont, Ca and WHEREAS, the purpose of this agreement is to state the terms and conditions under which Contractor will remove, reuse, and /or dispose of said biosolids in accordance with all appropriate statutes, ordinances and regulatory requirements. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and the mutual covenants herein contained, the parties agree as follows: SECTION I: INCORPORATION OF RECITALS The Recitals and section titles set forth herein are incorporated herein and are an operative part of this Agreement. SECTION II: — SCOPE OF SERVICES Contractor services and responsibilities shall include, but not be limited to, the following: 1) Contractor shall be capable of receiving biosolids seven days per week in accordance with a prearranged, mutually agreed upon time schedule and location. 2) Contractor shall be responsible for furnishing all permits, facilities, equipment, labor, materials and all other appurtenances as required to provide guaranteed biosolids hauling and reuse services for one - hundred percent (100 %) of the biosolids material produced at the Beaumont STP Facilities, including up to one - hundred and fifty percent (150 %) of the projected quantities.. 3) DELETED 4) Contractor shall provide the City with a monthly written report indicating the disposition of each load removed from City facilities. The reports shall be submitted to the City on or before the fifteenth (15th) of the following month. 5) Contractor shall comply with the United States Environmental Protection Agency, (U.S. EPA), regulation 40 Code of Federal Regulation (CFR), Part 503, "Standards for the use or disposition of sewage sludge "; and all Federal, State, local and City rules and regulations. 6) Contractor shall furnish and maintain water tight, tarped, trailers specifically designed for transporting biosolids and capable of accommodating the existing Cities loading facilities. Loaded trailers shall remain tarped at all times. 7) Contractor shall assign adequate equipment to the operation as required to meet City demands under normal operating conditions. 8) Contractor shall be responsible for any and all damage to property that occurs due to the negligence of Contractor or its subcontractors. This includes the cleanup of any spills during transportation. Contractor shall be liable for all costs, charges, fines or penalties levied or assessed by any regulatory agency as a result of any such spill. If any damage or spillage should occur during the term of this Agreement, the Contractor shall immediately notify the City and provide a written incident report within seventy -two (72) hours. 9) At all times during the term of this Agreement, Contractor shall designate a contact person(s) who shall have the authority to act for the Contractor in emergency situations. Contractor shall provide the City with all necessary contact names and telephone numbers. 10) During the term of this Agreement, Contractor shall obtain City approval prior to conducting activities that may interfere with City's operations. 11) Contractor is responsible for monitoring the loading process, making the determination of a full load and determining total tonnage of biosolids through the use of "weigh tickets" from a State certified weigh station. 12) City reserves the right to adjust the quantities of biosolids material provided to Contractor over the term of the agreement for disposal due to operational needs. SECTION III —TERM OF AGREEMENT The term of this Agreement shall be for a period of five (5) years from the date of Notice to Proceed, except as subject to early termination as provided for in Section 13 hereinbelow. City on its discretion shall renew this agreement for one five -year extension effective from the expiration date of this Agreement under the same terms and conditions. SECTION IV - CONSIDERATION In consideration for the services herein specified to be provided by Contractor, Contractor will be entitled to compensation at the rate listed below: $46.00 /wet ton — Beaumont STP These fees shall remain fixed for the term of the Agreement. The City may consider one (1) price adjustment per year on the anniversary date of this agreement based on Consumer Price Index (CPI) increases to the industry. The City will be the sole judge of any price adjustment and, if approved, will issue a written amendment to this agreement to be signed by both parties. Pricing under this Agreement is subject to a fuel surcharge increase or decrease based on the U.S. Department of Energy, Energy Information Administration (EIA) California Retail On- Highway Diesel Price Index (Index Values). Monthly adjustments to the compensation rates listed above will be calculated as follows: Distance Multiplier x (EIA fuel cost per gallon — Base Fuel Price $3.08) x Tons of Biosolids Managed For biosolids managed under this agreement the Distance Multiplier referred to above shall be 4.2 and the Base Fuel Price will be $3.08. On a monthly basis, Contractor will compare the EIA Index to the Fuel Cost Adjustment Formula. If the formula allows for a surcharge or decrease per ton, such monetary charge or deduction will be applied to the tons of biosolids managed for the applicable billing period. Any increases to the established compensation rates will be submitted in the billing period for which the increase occurred. Invoices will be submitted to the City on a monthly basis and will be paid within thirty (30) days of receipt by City. Payment will be withheld for any service that does not meet City requirements or until services are properly performed and accepted by City, including submission of any required documentation. All invoices, claims, and other communication dealing with compensation shall be addressed to: Attention: Kishen Prathivadi Assistant Director — Public Works City of Beaumont 550 E 6th Street Beaumont, CA 92223 All invoices shall include the Agreement Number as shown on the first page of this Agreement, and must be accompanied by a certified weight ticket. SECTION V - NOTICES Any notice to be given hereunder shall be deemed received upon personal delivery or twenty -four (24) hours after deposit in any United States Post Office, registered or certified, postage prepaid and addressed to the party at the address set forth below: City : Attention: Kishen Prathivadi Assistant Director — Public Works City of Beaumont 550 E 6th Street Beaumont, CA 92223 Contractor: Mr. Shaen Magan Tule Ranch / Magan Farms 4324 E. Ashlan Ave. Fresno, Ca. 92726 SECTION VI — INSURANCE Contractor shall not commence work under this Agreement until Contractor has obtained, at his /her sole expense, the required policies of insurance for Comprehensive , General Liability Insurance and Automobile Liability Insurance Coverage of no less than $ 2,000,000 combined single limit. The City , its Officers, Employees and Contractors shall be named as an additional insured. These Policies shall remain in effect at all times during the term of this Contract. SECTION VII — COMPOSITION OF BIOSOLIDS City biosolids meet EPA 503 metal concentration limits described in Table 3 of the regulation. City certifies all biosolids hauled under the provisions of this Agreement to be non- hazardous as defined by local, State and Federal regulations. 2 Contractor certifies that all processes utilized at its designated facility or other sites approved by City will comply with all applicable local, State and Federal laws, rules and regulations. Contractor further certifies that the use and application of City furnished biosolids is safe for the intended purpose and that such use also complies with all applicable local, State and Federal specifications. SECTION VIII — OWNERSHIP AND REUSE OR DISPOSAL All biosolids removed by Contractor from City facilities shall become the property of the Contractor. Contractor has the option to reuse or properly dispose of all biosolids. SECTION VIX — REVIEW OF RECORDS Contractor shall keep proper books of record and accounts in which complete and correct entries shall be made of all work performed under this contract. City reserves the right to review any records related to Contractor's performance under this Agreement. The option to review may be exercised at any time during the term of the Agreement and up to twelve months (12) after final payment has been made to Contractor. Contractor shall make all records and related documentation immediately available upon request by City. SECTION X — ATTORNEYS FEES Should litigation be necessary to enforce any term or provisions of this Agreement, the prevailing party in such action, in addition to any other relief and recovery ordered by the court or arbitration, shall be entitled to recover all court costs plus reasonable attorneys' fees. SECTION XI — SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the successor and assigns of the parties hereto. No assignment of the duties or benefits of the Contractor under this Agreement may be assigned, transferred or otherwise disposed of without the prior written consent of the City. SECTION XII: HOLD HARMLESS AND INDEMNIFICATION City, its agents, officers and employees shall not be liable for any claims, liabilities, penalties, fines or any damage to property, whether real or personal, nor for any personal injuries or death caused by, or resulting from, or claimed to have been caused by or resulting from, any negligent act or omission of Contractor. Contractor hereby agrees to indemnify and save free and harmless City and its authorized agents, officers and employees against any of the foregoing liabilities, claims and /or any cost or expense that is incurred by City on account of any of the foregoing liabilities, including liabilities or claims by reason of Contractor's negligence in the performance of services under this Agreement. SECTION XIII: TERMINATION This Agreement may be terminated at any time prior to the scheduled termination date or any renewal thereof by written notice of termination as follows: By Contractor upon TWO WEEKS written notice to City if Contractor can no longer lawfully perform the services required herein;' provided, however, that Contractor agrees to give City immediate notice of its receipt of any notification, whether formal or not, of a legal, governmental, judicial, administrative or similar proceeding, action or enforcement, pending or threatened, that may affect Contractor's ability to lawfully perform the services required herein. 2. By either party in the event the defaulting party fails to cure a material breach of this Agreement within thirty (30) days of receipt of a written notice from the non - defaulting party of such material breach. 3. By City upon 30 -DAYS days written notice to Contractor where City has determined that technological and /or other circumstances or events making Contractor's services Infeasible or impractical. SECTION XIV: FORCE MAJEURE Notwithstanding any other provision of this Agreement, in the event Contractor or City are prevented from carrying out their responsibilities by reason of an act of God or other reasons beyond their control, including, but not limited to, regulatory agency or legal actions involving environmental considerations, then Contractor and City are relieved of their obligations and responsibilities under this Agreement. SECTION XV: SAFETY Contractor will be responsible for taking all steps normally accepted in the performance of the task consistent with protection and safety of Employees, Public and the Environment during the performance of the work herein at all times. Contractor will ensure that its employees and the employees of its subcontractors are notified of and observe and abide by all applicable safety laws and regulations, required by Federal, State, County and Local Statutes, Ordinances and Regulations. SECTION XVI: PLAN OF OPERATIONS Contractor to provide the plan of operation prior to commencement of work. SECTION XVII: NOTICE TO PROCEED No services shall be performed or furnished under this Agreement unless and until all responsible parties have properly executed this Agreement and a Notice to Proceed order has been issued to the Contractor. 6 SECTION XVIII: AUTHORITY TO ENTER INTO AGREEMENT Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective party. SECTION XIX: STANDARD OF PERFORMANCE Contractor, its subcontractors and their employees, in the performance of Contractor's work under this contract shall be responsible for exercising the degree of skill and care required by customarily accepted good professional practices and procedures used in the Contractor's field. Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re- performance of the work shall be borne in total by Contractor. SECTION XX — GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the Sate of California. Venue for any dispute shall be brought exclusively in the federal or state courts located in Riverside County, California, and the Parties hereto consent to the exercise of personal jurisdiction over them by any such courts for purposes of any such action or proceeding. SECTION XXI: OTHER AGREEMENTS OR UNDERSTANDINGS To the extent the terms and conditions contained herein are inconsistent with the terms and conditions contained in Contractor's proposal, the terms and conditions in this Agreement shall govern. SECTION XXII: PARTIAL INVALIDITY If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated. SECTION XXIII: GENERAL PROVISIONS 1. Disputes. If any disputes should arise between the Parties concerning the work to be done under this Agreement, the payments to be made, or the manner of accomplishment of the work, Contractor shall nevertheless proceed to perform the work as directed by the City pending settlement of the dispute. 2. No Waiver. The fact that City has made payment under this Agreement shall not be interpreted so as to imply City has inspected, approved or accepted the work which has been performed by Contractor. No delay or omission in the exercise of any right or remedy by the non - defaulting Party on any default shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Agreement. 3. Non - Liability of City Officials and Employees. No official or employee, or agent of the City shall be personally liable to the Contractor in the event of any default or breach by the City or for any amount which may become due to the Contractor or for any breach of the terms of this Agreement. 4. Order of Precedence. In the event of any inconsistency, conflict, or ambiguity between or among the contract documents, the order of precedence, from highest precedence to lowest, shall be as follows: Amendments to this Agreement This Agreement IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date first above written. CONTRACTOR TULE RANCH /MAGAN FA MS By: (Signature) � %/ �2411' Q0j0&9 71d AJ Type Name and Title J\ L.PN PQ% Pp, NtLAS C-Crj M1NNl'-Gtt2 Print Name and Title Dated: Dated: September 14, 2010 c it of Beaunwnt 550 E. 601 Strect Beal.►►l►ont, CA 92223 (9.51) 7694520 FAX (951) 769 -8526 Email: cityliall OT)COWa►►►1►o�11Lca.its WWV C►,I)cal ►111011t.Ca.IIS Mr. Shaen Magan Tule Ranch /Magan Farms 4324 E. Ashlan Avenue Fresno, CA 92726 RE: Agreement for the Removal and Reuse of City Generated Biosolid To whom it may concern: Enclosed please find one fully executed original copy of the above referenced agreement which was approved at the regular City Council meeting of August 17, 2010 for your files. Sincerely, Shelby Han Deputy City CITY OF BEAUMONT PROJECT PROGRESS REPORT Source of Sewer Enterprise Funds Project Name: Solids hauling and disposal Funds: Contract August 17, 2010 Contractors: Tule Ranch/ Magan Date: Const. Budget: $ 23,000 A &E Budget: As per CIP Qualified Contractors Project Start Date: July 2010 Report Period: August 2010 Work Completed During Report Period: • Obtained proposals for solids hauling and disposal Problems or Delays During Report Period: •No delays Change Orders: • No Change Orders Recommendation(s) for City Council Action: Ratify and approve agreement for solid hauling and disposal.. Approved and at for Signature Date of City Council Approval Agenda Item No. - : v1 STAFF REPORT To: Mayor and Council Members From: City Manager Date : August 17, 2010 Subject: Agreement for Solids Hauling and Disposal Background and analysis: On July 16, 2010, Nursery Products, LLC who was responsible for hauling and disposal of the solids from the city wastewater treatment plant, notified the city that its trailers were detected exceeding limits of iodine which temporarily prevented their disposal at the authorized disposal site utilized by the hauler. The source of the iodine has not been determined and the possibility that trailers belonging to the contractor were the source of the contamination could not be ruled out. Acting out of an abundance of caution to protect the health and safety of the public, the city manager authorized Tule Ranch/Magan to haul and dispose of solids from the treatment plant on an emergency basis while the source of the iodine could be investigated and until such time as the City Council could review proposals for solids handling and disposal. The proposals are summarized below: Nursery Products — Monthly cost of $ 29,010 Synagro — Monthly cost of $ 24,950 Tule Ranch/ Magan— Monthly cost of $ 23,000 The proposals and contractor references were reviewed in detail by staff, including the lowest cost proposal provided by Tule Ranch/ Magan Farms which would save the city over $72,000 per year and would also eliminate impacts on sanitary landfills related to past operations. Fiscal Impact: There is no impact to the General Fund as all costs will be funded from Sewer Enterprise Funds. Recommendation: Staff recommends RATIFICATION of the temporary agreement and APPROVAL of the Project Progress Report and the agreements with Tule Ranch/Magan Farms for solids handling and disposal related to the maintenance of the city's wastewater treatment facilities subject to the authority of the City Attorney to make non - substantive changes and AUTHORIZATION of the Mayor to execute the Project Progress Report and agreement. CITY Alan C. City Ma CITY OF BEAUMONT PROJECT PROGRESS REPORT SOIL EXCAVATION PROPOSAL Fund Source: NO COST Contract Date: August 17, 2010 Const. Budget: N/A A &E Budget: As per approved CIP contractor agreements Project Name: Soil Excavation Proposal Contractors: Canyon Ridge Contractors Subcontractors: See approved CIP Contractor List Project Start Date: February 2010 Report Period: August 2010 Work Completed During Report Period: Reviewed unsolicited proposal. Problems or Delays During Report Period: No problems or delays. Change Orders: N/A Recommendation(s) for City Council Action: Authorize City Manager and qualified contractor to implement agreement. Authorized by: Mayor's Signature Date of City Council Approval ok BE,40 ,h"O City of Beaumont AWARD OF NEW PUBLIC WORKS CONTRACT NAME OF PROJECT: Solids hauling and disposal FUNDING SOURCE: Sewer Enterprise Funds. PROJECT N0. (internal use) CONTRACT DATE: 8 -17 -2010 CONTRACTOR: Tule Ranch/ Magan CONTRACT AMOUNT: $ 344,100 TYPE OF CONTRACT BIDDING REQUIREMENTS WHO SHALL AUTHORIZE 1. Road & Sewer Maintenance/ Repair a. & b. No formal bids, but must obtain a. $0- $10,000.00 informal proposals, unless sole source only, a. City Manager no competitive bid proposals, or public –x_ b. Over $10,000.00 emergency. b. City Council 2. All Projects except road and sewer maintenance/ repairs. — a. $0 - $5,000.00 — b. $5,001.00 - $10,000.00 — c. Over $10,000.00 3. Emergency (There must be a threat to public health, safety, property). — a. Road and sewer emergencies: (i) $0 - $10,000.00 (ii) Over $10,000.00 _ b. All other emergencies: (i) $0 - $5000.00 (ii) Over $5,000.00 a. No Formal bid, but must obtain informal a. City Manager proposals unless: (see above). b. Formal bidding required, unless CM finds b. City Manager bidding impossible and unnecessary, sole source only, or emergency (see No. 3 below). c. Formal bidding required, unless CM finds c. City Council bidding impossible and unnecessary, sole source only, or emergency (see No. 3 below). a. No formal bids or informal proposals. (i) City Manager (ii) City Manager, with subsequent City Council ratification by 4/5 vote. b. No formal bids or informal proposals. (i) City Manager (ii) City Council with sequent City Council ratification by 4/5 vote. I have reviewed the award of work under this contract in accordance with Beaumont Municipal Code: Title 3 – Section 3.02. Public Works Director: Date: City Attorney : AUTHORIZATION City Manager: Mayor: (as app lies) f Date: Date: Date: q ' � " 10 Minutes Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority Beaumont Charitable Foundation Beaumont Conservation Authority 550 E. 6t' Street, Beaumont, California Workshop (4:00 p.m.) Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Tuesday, August 17, 2010 "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"' Street during nominal business hours" WORKSHOP Workshop to begin at 4:00 p.m. Place: Civic Center, Room 5 Roil Call: Mayor De Forge, Council Member Gall, and Council Member St.Martin were present. Mayor Pro Tern Berg and Council Member Fox was excused. 1) Support our Troops Ranch — Presentation CLOSED SESSION No reportable action was taken. Closed Session to begin at 5:00 p.m. Place: City Manager Conference Room Roll Call: Mayor De Forge, Mayor Pro Tem Berg, Council Member Gall, and Council Member St.Martin were present. Council Member Fox 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 C. Pursuant to Government Code Section 54956.9(a) - Anticipated Litigation — Conference with Legal Counsel — Existing Litigation(Government Code 54956.9) 1. Peters vs. City — Case No. RIC 467388 2. Western Riverside Council of Governments vs City of Beaumont RIC 536164 3. Coronado vs. City RIC 10001628 & RIC 516461 4. Moore vs. City RIC 540267 5. Cashmer vs. RIC 541427 REGULAR SESSION Regular Session began at 6:05 p.m. Place: Civic Center, Room 5 Roll Call: Mayor De Forge, Mayor Pro Tern Berg, Council Member Gall, and Council Member St.Martin were present. Council Member Fox was excused. Invocation: Marc Stamper — New Creations Pledge of Allegiance: Jake Gregg Presentation: Beaumont and Banning Scramble Mt. San Jacinto College Presentation Adjustments to Agenda: Continue Item 4.b — Ordinance No. 972 to the Regular City Council Meeting of September 21, 2010. ORAL AND WRITTEN COMMUNICATIONS: Dick Meinhdd — Year of Mark Twain Ann Connors — Elm Avenue Michael Ostermann — Development, Landscaping, Taxes Rick Roark — Weeds and landscaping in Fairway Canyon Chad Scott — CFD Bond in Fairway Canyon Adam Wagner — Street Sweeping Judy Bingham — Urban Logic Consultants Nancy Hall - Urban Logic Consultants 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 — Updates on Valdivia Family Reunion, MDA Rummage Sale, Market Night, Movies in the Park, Concerts in the Park, Morongo Fundraiser, National Night Out b) Mayor Pro Tern Berg — Nothing new to report with RCTC, would like to look into setting up a task force on roads C) Council Member Fox — Absent/Excused d) Council Member Gall — Traffic on 60, weeds in San Timoteo, 3`d Street Roads. e) Council Member St.Martin — Update on Market Night, Tip a COP, Concerts in the Park 2. CITY MANAGER REPORTS (City of Beaumont Core Values: Treat everyone right; Keep a customer service focus; Effective communication; Present opportunity; Operate tike a great business; Eliminate bureaucratic solutions; Embrace positive change) a. Community Information and Local Project Update 1) Sustainability Update a) Summer Concerts in the Park Series b) Potrero Blvd Bypass C) Golf Access Program Update d) Golf Cart Plan Update e) Cherry Bowl Junior Tournament 2) Financial Update a) Sales Tax Update b) HDL Consensus Forecast — July 2010 C) Financial update — June 2010 (year -end) 3) Project Update a) Beaumont Cares 1) Citizens Academy — Community Ice Cream Social Open House 2) The RIGHT Way to School — signs and locations b) Signs 1) Caltrans expected to do study of 1 -10 Routes 2) Election Signs — September 17, 2010 through November 12, 2010 C) School Sewer Update and Action 4) Introductions of New Employees and Promotions a) Fire Marshal b) Grounds Maintenance C) PD (Commander, Lieutenant, Sergeant, Dispatchers) b. Calendar of Events 1) August 23, 2010 -1 "' Day of School — Beaumont Unified 2) August 27, 2010 — Annual Lt. Acosta Memorial Goff Tournament 3) September 6, 2010 — Jerry Lewis MDA Telethon 4) September 11, 2010 — United Way Day of Caring 5) September 15 — 17, 2010 - League of CA Cities Annual Conference 6) September 17, 2010 — 1 ' day for Political Signs 7) September 24, 2010 — Ice Cream Social 5:30 p.m. Beaumont Civic Center 8) Second and Third Wednesday of Each Month — Story Time Cafe C. 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 July 6, 2010 C. Approval of the Warrant List for August 17, 2010 d. Approval of the Cherry Valley Blvd. /Palmer Extension e. Approval of the Water and Energy Conservation Agreement with Pardee Homes f. Authorize Withdraw from Participation in the San Timoteo Watershed Management Authority g. Approval of Fee Waiver for the Beaumont Spirit Run h. Denial of Claim — Robert Hahn i. Denial of Claim — Linda Williams j. Denial of Claim — Jimmie Dean Williams k. Approval of Withdraw from WRCOG I. Exoneration of Bonds — Marathon Land & Cattle — 06 -PP -15 — 5 acres located on 2nd Street, Td Street, Palm Avenue, and Chestnut. M. Approval of Task Order for Preliminary Assimilative Capacity Assessment for the San Timoteo Management Zone. n. Ratification of the Temporary Agreement with Tule Ranch /Magan Farms and Authorize the Mayor to execute subject to the authority of the City Attorney to make non - substantive changes. o. Approval of Sanitary Sewer Management Plan (SSMP). p. Authorize Request for Proposals and Ratify Temporary Service Agreement for Wastewater Operations Maintenance and Management. Recommendation: Approval of the Consent Calendar as presented. Speakers: Judy Bingham — Comments on Items 3.f, k, n, o, p Adam Wagner— Comments Item 3.d Motion by Council Member Berg, Seconded by Council Member St.Martin to approve the Consent Calendar 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. 971 — An Ordinance of the City Council of the City of Beaumont, California, Adding Chapter 5.70 to the Beaumont Municipal Code Entitled "Medical Marijuana Regulations" Recommendation: Take Testimony, Close Public Hearing and Continue item off calendar to be re- advertised at a later date. (Continued from July 6, 2010) Staff report was given by Joe Aklufi, City Attorney Speakers: Robert Christopherson- Opposed to having any type of Medical Marijuana Blair Ball - Opposed to Medical Marijuana establishments Marshall Cammack- Opposed to Medical Marijuana establishments Nancy Hall - Opposed to Medical Marijuana establishments Closed the Public Hearing 9:13 p.m. Motion by Council Member Berg, Seconded by Council Member St. Martin to deny Ordinance No. 971 and direct staff to follow through with Code Enforcement Actions. Vote: 3/1 (Council Member Gall voted no on the denial). b. Ordinance No. 972 — An Ordinance of the City Council of the City of Beaumont, California Requiring Payment of Development Impact Fees for Recycled Water Facilities, Appointing Time and Place of a Public Meeting and of a Public Hearing and Directing Notice Thereof, Describing the Proposed Boundaries of Benefit Area. Recommendation: Hold a Public Hearing; Approve the first reading of Ordinance No. 972; and Authorize the Mayor to execute the Project Progress Report. Open Public Hearing 9:27 p.m. Judy Bingham - Opposed John Halliwill - Neutral No action taken. Public Hearing will be continued to September 21, 2010 at 6:00 p.m. C. Soils Excavation Agreement for the Beaumont Industrial Park and Negative Declaration No. 10 -ND -07 Recommendation: 1) Hold a Public Hearing; 2) Adopt Negative Declaration No. 10 -ND- 07; 3) Approve the Soils Excavation Agreement and Project Progress Report between the City and Canyon Ridge Contractors; and 4) Authorize the Mayor to execute the Agreement and Project Progress Report. Staff report was given by Chris Tracy, Staff Planner. Open Public Hearing 9:40 p.m. Judy Bingham - Opposed Closed Public Hearing 9:42 p.m. Motion by Council Member Berg, Seconded by Council Member St.Martin to Adopt Negative Declaration No. 10- ND -07, Approve the Soils Excavation Agreement and Project Progress Report between the City of Beaumont and Canyon Ridge Contractors, and Authorize the Mayor to execute the agreement and project progress report. Vote: 4/0 Adjournment of the City uncil Meeting at 9:42 p.m. Res p Su , Alan K ani City M ag