Agenda packet — Beaumont City Council, August 2, 2022 (part 5 of 5)

a. After we notify you of a breach of any provision of the Service Documentation or any other agreement with us, and you fail to cure the breach (if it can be cured) within 15 days of the date of the notice; or b. Without prior notice to you if:
i. We reasonably suspect that an Account associated with a Service has been compromised or otherwise subject to irregular, unauthorized, fraudulent, or illegal activity, ii. You become subject to any insolvency or bankruptcy proceeding, or any receivership, liquidation, reorganization, or other similar proceeding, or you enter into any agreement or proceeding for voluntary liquidation, dissolution, composition with or assignment for the benefit of creditors or other winding u p, iii. We determine in our sole discretion that continuing to provide a Service may place us at risk of financial loss or result in an unacceptable credit exposure,
iv. Any guaranty of your obligations to us (“Guaranty”) is terminated, revoked, or its validity co ntested by the guarantor (“Guarantor”),
v. We determine in our sole discretion that a material adverse change has occurred in your ability to perform your obligations under the Service Documentation, or in the ability of a Guarantor to perform its obligations under a Guaranty, or
vi. The Account necessary to provide a Service is closed.

The termination of a Service will not affect your or our respective rights and obligations with respect to the Service(s) provided before the termination including without limitation Transactions. We will not be liable to you for any losses or damages you may incur as a result of any termination of any Service or termination or restriction of any CEO portal access rights under section 9(d) below.

5. Service fees. You will pay us the fees described in the Service Documentation and any taxes applicable to each Service, however designated, but excluding taxes based on our net income. We may debit your Account for any fees not covered by earnings credits and any taxes that are due, or we may send you an invoice for these amounts, which you will promptly pay. Our charges and fees are in the applicable fee schedule for Services used in connection with your Account.

6. Security procedures.
a. Unless otherwise agreed, you agree that “Security Procedure” is the applicable security procedure described in the Service Documentation for your Initiation Method for the Service, which we will use to verify the authenticity of a Transaction. The term “Initiation Method” refers to the method we offer in the product enrollment form (“Set-up Form”) or other Service Documentation for delivering your Transaction instructions to us with respect to the applicable Service and includes any applicable transmission protocols. The term “Transaction” means (i) any funds transfer, payment order, or payment instruction (including any communication cancelling or amending an instruction), and (ii) any instruction, data or other information which we receive in your name with respect to a funds transfer. The purpose of the Security Procedure is to verify the authenticity of the Transaction. We will not use the Security Procedure to detect an erroneous or duplicate Transaction. You will be responsible for any erroneous or duplicate transaction we receive in your name. You agree to be bound by each Transaction, whether or not authorized by you, issued in your name and accepted by us in compliance with the Security Procedure for the Service.
b. You agree that each Security Procedure for the Initiation Method in the Set-up Form or other Service Documentation for each of the Services (a) best meets your requirements with regard to the size, type and frequency of your Transactions, and (b) is commercially reasonable.

7. Confidential information. Unless otherwise stated in the Service Documentation, “Confidential Information” means all (a) User Guides and Terms of Use, and (b) Security Procedures, passwords, codes, security devices and related instructions. You will not acquire any ownership interest in or rights to Confidential Information as a result of your use of any Service.

You will:
a. Maintain the confidentiality of the Confidential Information, 824
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b. Not disclose (or permit your employees or agents to disclose), copy, transfer, sublicense, or otherwise make any of it available to any person or entity, other than your employees who have a need to use the Confidential Information in connection with the applicable Service, and c. Not decompile, reverse engineer, disassemble, modify, or create derivative works of any Confidential Information.

You will notify us immediately if you know of or suspect any unauthorized disclosure, possession, use, or knowledge (each, an “Unauthorized Use”) of any Confidential Information. If you (or your employees or agents) are responsible for the Unauthorized Use, you will, at your expense, promptly take all actions, including initiating court proceedings to recover possession and prevent further Unauthorized Use of the Confidential Information. You will also compensate us for any injury caused to us as a result of the Unauthorized Use.

8. Currency conversion. When your instructions require us to convert the amount of a Transaction from the currency in which the Account is denominated (“Account Currency”) to another currency (“Foreign Currency”), we will do so using the Applicable Exchange Rate in effect at the time we execute your Transaction. “Applicable Exchange Rate” means the exchange rate we set and use for you when we convert one currency to another currency and includes a markup.

The markup factors include costs incurred, market risks and our desired return. The exchange rate we provide to you may be different from the exchange rates you see elsewhere. Foreign exchange rates are dynamic, and rates fluctuate over time based on market conditions, liquidity, and risks.

If a financial institution designated to receive the funds does not pay the beneficiary specified i n the Transaction, and the funds are returned to us, we will not be liable to you for a sum greater than the amount of the Transaction after we have converted it from the Foreign Currency to the Account Currency using the Applicable Exchange Rate in effect at the time the funds are returned to us. You accept the risks of any change in the Applicable Exchange Rate between the time you request a Transaction and the time the Transaction is either completed or is unwound due to a cancellation, an amendment, a rejection, or a return.

9. CEO portal.
a. Description of the CEO portal. The CEO portal is our electronic banking portal that is accessed -through the Internet. Your Authorized Agents (defined below) may use the CEO portal to access (i) Services in which you have separately enrolled and (ii) third-party sites we may make available through the CEO portal. We offer different channels through which you may access the CEO portal, including personal computers and mobile devices. We may add or eliminate channels at any time. A Service or third party site accessible through one channel may not be accessible through another channel.
b. Access to the CEO portal. When you enroll in the CEO portal, and as we may determine is necessary after enrollment, we will provide Log-On Credentials (defined below) to the persons who are authorized to access the CEO portal on your behalf (each, an “Authorized Agent”). Log-On Credentials mean one or more secure methods we provide to access the Services and may include user IDs, passwords, token IDs, and other methods that we adopt from time to time. We have no obligation to separately verify or a uthenticate any communication we receive in your name through the CEO portal, whether or not it was actually from an Authorized Agent. You assume the entire risk of (i) unauthorized use of your Log-On Credentials and (ii) unencrypted electronic transmissio ns. c. Administration of the CEO portal. We offer two options for administering the CEO portal: (i) Administration and (ii) Bank administration.
i. Administration. If you enroll in the Administration option, there are three categories of Authorized Agents:

Company Administrator, Administrator, or User. Unless you and we separately agree, we will provide Log- On Credentials only to your initial Company Administrator(s) who will (a) assign Log-On Credentials to other individuals and (b) designate those individuals as one of the following:
(1) A Company Administrator, who may perform all functions of your initial Company Administrator , (2) An Administrator, who may perform all functions of an Administrator including designating other Administrator(s) and User(s), or
(3) A User, who may access the Services designated by a Company Administrator or an Administrator, as well as those Services in which we permit a User to self-enroll.

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Each Company Administrator and Administrator has the authority to enroll you in additional Services. In addition to your use of Administration as described in this subsection, you may request that we assign Log-On Credentials to Users that you designate in writing to us. Your designation to us will specify the Services which the User is authorized to access in addition to those Services in which we permit a User to self-enroll.

ii. Bank administration. For the Bank administration option, there is one category of Authorized Agent:

Users. We will assign Log-On Credentials to each User you designate.

You will promptly revoke the Log-On Credentials of any Authorized Agent or User when that individual is no longer authorized to access the CEO portal. If you notify us in writing to revoke the Log-On Credentials of an Authorized Agent or User, we will have a reasonable time after receiving your written notification to revoke the individual’s access.

d. Terminating access. We may terminate or restrict any Authorized Agent’s access to any Service through the CEO portal if we determine such use:
i. Does not comply with any term applicable to the CEO portal, ii. Is not permitted by Applicable Law,
iii. Is not authorized by you or any third party whose authorization we believe is necessary, or iv. Should be denied for your or our protection (without us agreeing to or being required to make this determination in any circumstance).
e. Financial information. Financial market data, quotes, news, research, and other financial information developed by third parties and transmitted to us ("Financial Information") may be available to you at the CEO portal. The posting of any Financial Information or any other information or data at the CEO portal is not a recommendation by us of any particular Service or action. We do not guarantee the accuracy or completeness of any Financial Information, nor are we responsible for (i) the actions or omissions of the third parties developing or transmitting Financial Information or (ii) any decision you make or action you take by relying on any Financial Information. f. Miscellaneous. For purposes of this section 9 only, “Service” includes each service and product we or any of our affiliates offer that you access through the CEO portal. This section 9 will survive the termination of any Service or this Agreement.

10. Alerts.
a. Non-subscribed alerts. When you enroll in the CEO portal or other channels or Services, you consent to receiving by email or other delivery channels, servicing messages that we determine are important or urgent. You do not need to subscribe to receive such alerts and you do not pay additional service fees. b. Subscribed alerts. You may also enroll in fee-based alerts for applicable Services so that you can receive messages you subscribe to at the intervals and through delivery channels that you choose.

11. Liability and indemnification.
a. We are not obligated to honor, in whole or in part, any Transaction or other instruction that:
i. Exceeds the available balance in the Account, unless otherwise provided in the Service Documentation, ii. Does not comply with the Service Documentation or our applicable policies, procedures, or practices made available to you,
iii. We have reason to believe may not have been duly authorized, should not be honored for our or your protection, or involves funds subject to a hold, dispute, restriction, or legal process, or iv. Would possibly result in us not complying with Applicable Law. b. Neither we nor our software vendors make any express or implied representations or warranties with respect to the Services or any software used in connection with the Services, including any w arranty as to the merchantability or fitness for a particular purpose, other than those expressly set forth in the Service Documentation.
c. Any claim, action, or proceeding against us for losses or damages arising from a Service, must be brought within one year from the date of the act or omission, except as otherwise stated in the account agreement governing the Account.
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d. We will have no liability for our failure to perform or delay in performing a Service if the failure or delay is due to circumstances beyond our reasonable control. If we determine that any funds transfer or communications network, Internet service provider, or other system used to provide a Service is unavailable, inaccessible, or otherwise unsuitable for use by you or us, we may, upon notice to you, suspend or discontinue the affected Service.
e. We will only be liable to you for actual damages incurred as a direct result of our failure to exercise reasonable care in providing the Services. Reasonable care requires only that we follow standards that do not vary unreasonably from the general standards followed by similarly situated banks. Our policies and procedures are general internal guidelines for our use and do not establish a higher standard of care for us than otherwise established under Applicable Law. A mere clerical error or an honest mistake will not be considered a failure by us to perform any of our obligations. Our liability to you will be limited to an amount not greater than 10 times our fees incurred in the calendar month immediately before the calendar month in which the loss or dama ges were incurred (or, if no fees were incurred in that month, our fees incurred in the month in which the losses or damages were incurred).
f. Except in the case of our negligence or intentional misconduct, you will indemnify and hold us, our directors, officers, employees and agents (“Representatives”) harmless from all losses or damages that arise out of:
i. The performance of a Service in compliance with the Service Documentation, including any warranty we are required to make to a third party in connectio n with a Service, ii. An act or omission of any of your agents, couriers, or Authorized Agents, and iii. If the Service includes a license or sublicense of any software, any use or distribution of the software by you or any person gaining access to the software through you that is inconsistent with the license or sublicense.

You will promptly provide us with written proof of loss, and notify us if you become aware of any third party claim related to a Service. You will cooperate fully (and at your own expense) with us in recovering a loss. If we reimburse you, we or our designee will be subrogated to all of your rights (i.e., we will be entitled to assert any legal rights you had relating to the claim).

g. Except as expressly provided otherwise in the Service Documentation, neither party nor its Representatives will be liable to the other party for:
i. Any special, consequential, incidental (including court costs and attorneys’ fees), indirect , or punitive losses or damages, or
ii. Business interruption, loss of profits, loss of business, loss of revenue, loss of goodwill, loss of opportunity, loss or injury to reputation, or loss of anticipated savings, whether any claim is based on contract or tort, or whether the likelihood of these losses or damages was known to the other party and regardless of the form of the claim or action.
h. When you send payments on behalf of your third party customers, you agree you are solely liable to your customers for any and all losses those customers may suffer. We exclude all and any liability of whatever nature (including those losses detailed in subsection g above) arising out of your relationship with your customer.

12. Governing law. The Service Documentation will be governed by: (a) U.S. federal law and (b) the law of (i) the U.S. state in which the office of Bank that maintains the Account is located or, if there is no such state or no account associated with such Service, (ii) the State of New York, without reference to its principles of conflicts of laws (“Governing Law”).

13. Arbitration agreement. Upon demand by you or us, any dispute or claim arising out of or relating to this Agreement, or the breach thereof, must be submitted to arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and must be heard before three arbitrators if the amount in dispute is U .S. $5,000,000 or more or its equivalent in any other currency, and before one arbitrator for amounts in dispute of less than U.S. $5,000,000 or its equivalent in any other currency. Arbitration will proceed in a location selected by AAA in the state of the applicable Governing Law, and if there is no such state, the place of arbitration must be New York, NY. The language of the arbitration must be English. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. This arbitration requirement does not limit the right of you or us to: (a) 827
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exercise self-help remedies including setoff or (b) obtain provisional or ancillary remedies such as injunctive relief or attachment, before, during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of you or us to submit any dispute to arbitration hereunder, includ ing those arising from the exercise of the actions detailed in (a) and (b) of this section.

14. Jurisdiction. For any proceedings regarding this Agreement (not subject to arbitration as provided in this Agreement), you hereby irrevocably submit to the jurisdiction of the courts of the Borough of Manhattan, New York City, in the State of New York or the federal courts located there and irrevocably agree that all claims in relating to the proceeding may be heard or determined in those courts.

15. Miscellaneous.
a. Severability. Any portion of the Service Documentation which is inconsistent with Applicable Law or Governing Law will be deemed modified and applied in a manner consistent therewith, and we will incur no liability to you as a result of the inconsistency or modification and application to any dispute regarding the Service Documentation.

If any portion or provision of the Service Documentation is deemed unenforceable, it will not affect the enforceability or validity of the remaining Service Documentation nor the enforceability or validity of that portion or provision under the law of any other jurisdiction.
b. Entire agreement. The Service Documentation (and any documents referred to therein):
i. Constitutes the entire agreement between you and us regarding the Services we provide for all Accounts opened with us, and
ii. Supersedes and extinguishes all prior agreements, understandings, representations and warranties of any nature (including requests for proposals and other sales material), whether oral or written, between you and us relating to any of our Services (including any other Master Agreement for Treasury Management Services, but excluding the current Commercial Account Agreement or Global Commercial Account Agreement, as applicable).
c. Electronic agreement. To facilitate execution, the Service Documentation may be executed by a party in the form of an “Electronic Record” (as defined in the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. [“ESIGN Act”]). The Service Documentation may be executed in as many counterparts as may be required to reflect all parties’ approval, and all counterparts will collectively constitute a single agreement.

An “Electronic Signature” (as defined in the ESIGN Act) that can be authenticated will c onstitute an original and binding signature of a party. The fact that a document is in the form of an Electronic Record or is signed using an Electronic Signature will not, in and of itself, be grounds for invalidating such document. d. No waiver. Neither our failure nor any delay by us in exercising any right or remedy will be deemed to be a waiver of the right or remedy. No course of dealing or waiver of any right on one occasion will constitute a modification of the Service Documentation or be a waiver of that right on a subsequent occasion. e. Third party beneficiaries. Except as otherwise provided in the Service Documentation, no person or entity other than the parties to this Agreement will be deemed to be a third party beneficiary under the Service Documentation.
f. Financial condition. You will provide us promptly upon our request any existing financial statements or other information pertaining to your financial condition or any previously unprepared financial statements which we may require you to prepare and/or to be audited or reviewed by independent certified public accountants acceptable to us.
g. Your representations and warranties. You represent and warrant that: (i) you will not use any Service in a manner that would violate any Applicable Law by you or us; (ii) if you employ an agent in connection with its use of any Service, you represent and warrant to us that: (1) your governing body has duly authorized the agent; (2) you will exercise appropriate controls to ensure each authorized agent does n ot exceed the authority granted to it; and (3) you will preserve the confidentiality of the Log-On Credentials and immediately notify us if you become aware or suspect that any Log-On Credential may have been compromised. h. Use of names. You and we will not use each other’s name or refer to our relationship in any solicitation, marketing material, advertisement, news release, or other written, online or oral communication without specific prior written consent for each such use or release, except that we may use your name as a reference in service proposals if we obtain your prior written approval for such use.
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i. Notices and communications. Either party may provide notice to the other party by mail, personal delivery, or electronic transmission.
i. You will notify us promptly in writing of any change in your name, Address, legal status, or any other changes relevant to the conduct of the Account or affecting your business relationship with us. ii. The term “Address” as used in this Agreement refers to a mailing or ele ctronic address. iii. You will use the Address where your relationship manager or other manager is located and will address any notice to the attention of the manager.
iv. Each party will have a reasonable time after receipt of any notice to act on it. v. Any communication or notice to us from your agent about your use of a Service will be deemed to be a communication from you, and you authorize us to communicate with your agent about any such communication or Service.
vi. We are entitled to rely on any communication or notice from you that we believe in good faith was authorized by your authorized representative or Authorized Agent and, we will have no obligation to verify or authenticate an identity of a sender or signature on any notice or communication, except as expressly provided in the Service Documentation.

16. Survival. Sections 7, 9, 11 - 15 will survive termination of the Services or this Agreement.

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Appendix X
Applicable Branches or Subsidiaries of Bank

1. Wells Fargo Bank, N.A., UK Branch

2. Wells Fargo Bank, N.A., Canadian Branch

3. Wells Fargo Bank, National Association, Shanghai Branch

4. Wells Fargo Bank, National Association, Hong Kong Branch 830
Item 19.

Authorization Certificate
Deposit Accounts and Treasury Management Services

Page 1 of 1 ends

Authorization Certificate – Non-personal accounts
EDOCS-#22815818 (Revised 04-06-2022)
The undersigned hereby certifies to Wells Fargo Bank, National Association (Bank) that:

1. (Account holder's complete legal entity/company name), a (description of Account holder's business entity type)
(“Customer”), has authorized the undersigned to make the certifications in this Certificate on Customer’s behalf.

2. Name Title Country of
permanent residence
Business
phone number
Business email
address
is referred to in this Certificate as an “Authorized Representative” with full authority, acting alone, to:
a) enter into those agreement(s) that Bank requires regarding opening, operating, and closing deposit accounts for Customer at Bank (each, an Account) and enrolling in, using, and terminating Bank services including Bank's non-deposit sweep services used in connection with the Account(s) (each, a Service); b) authorize transactions of all types on the Accounts and instruct Bank regarding Accounts and Services; and c) designate individuals as additional Authorized Representatives.

3. This Certificate reflects actions duly taken by Customer in accordance with its governing documents. It shall continue in effect until Bank has received and had a reasonable time to act on Customer's written notice revoking it, which shall be effective only as to actions which are taken by Customer thereafter. Actions authorized in this Certificate but performed prior to its execution are approved and ratified.

Certified to:

By/Signature:

Printed Name:

Title:

Date:

Tax Identification Number of Customer:
(TIN of the Account holder as assigned by the IRS)
Municipal Government

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Certification of Official Custodian(s) - Government Depositor (EDOCS #19664833 - Rev - 12/2020) 595711 (Rev 00 - 01/21) Page 1 of 2
Certification of Official Custodian(s) -
Government Depositor
Bank Use Only:

ECN WCIS ID Account Number

1. Introduction.

Pursuant to 12 C.F.R. 330.15, the Federal Deposit Insurance Corporation (FDIC) separately insures each official custodian of funds deposited with an insured institution. The purpose of this certification is to confirm to Wells Fargo Bank, N.A. (Bank) the official custodian(s) of the government depositor identified below. This certification does not establish or confer transactional or other authority with respect to any account or related services maintained by the government depositor with Bank.

2. Definitions.

For purposes of this certification, the following terms have the following meanings:
"Government depositor" includes the following
(i)the United States,
(ii)any state of the United States, or any county, municipality, or political subdivision thereof, (iii)the District of Columbia,
(iv)the Commonwealth of Puerto Rico or any other territory of the United States, or any county, municipality or political subdivision thereof, or
(v)an Indian tribe (as defined in 25 U.S.C. 1452(c)) or any agency thereof. "Official custodian" means an official of the government depositor that has plenary authority, including control, over funds owned by the government depositor that the official is appointed or elected to serve. Control of funds owned by a government depositor includes possession, as well as the authority to establish accounts for such funds in insured depository institutions and to make deposits, withdrawals, and disbursements of such funds.

3. Certification.

The undersigned authorized representative of the government depositor identified below certifies to Bank that he or she is duly authorized by the government depositor to provide this certification on its behalf, and that the official(s) of the government depositor listed (by title) below is or are its official custodian(s):

Note: Please only list the official title(s) (such as Treasurer, Comptroller, Chief Financial Officer, etc.) of the official custodian(s). Do not list the name(s) of the official custodian(s). You are not required to list more than one (1) official custodian.

Official Custodian Title Official Custodian Title
Official Custodian Title Official Custodian Title
Official Custodian Title Official Custodian Title
Official Custodian Title Official Custodian Title

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Treasury Management | Certification of Official Custodian(s) - Government Depositor (EDOCS #19664833 - Rev - 12/2020) 595711 (Rev 00 - 01/21) Page 2 of 2

4. Signatures.

This certification may be signed using an "Electronic Signature", as defined in the Electronic Signatures in Global and National Commerce Act.

Certified on behalf of:
(Name of Government Depositor)
(Employer Identification Number
of Government Depositor)
Certified by:
(Signature)
(Name)
(Title)
(Date)

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Item 19.

Treasury
Management
© 2022 Wells Fargo & Company. All rights reserved.

Deposit products are offered through Wells Fargo Bank, N.A., Member FDIC.Wells Fargo Bank, N.A. is a banking affiliate of Wells Fargo & Company.

City of Beaumont
Response to Request for Proposals for Banking and Merchant Services July 22, 2022
834
Item 19.

Agenda
•Introductions
•Beaumont’s Focused Initiatives
•Wells Fargo in your Community and the Government Sector –A Message from our Division Executive: Kathleen McClure-Wight •Improving your Integration
•Implementation Timelines
•Review of Current Services
•Analysis Review and Sweep Options
•The Future of your Payables and Receivables
•CEO Online Demo
•Q&A
2 835
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Introductions to your Local Government Team
Relationship Banking
Jamie O’Connell
Relationship Manager
[email protected]
Kathleen McClure-Wight
Division Executive
[email protected]
Anna Gonzales
Relationship Associate
[email protected]
Treasury Management
Todd Reed
Merchant Services Product
Consultant
[email protected]
Gurleen Pannu
Treasury Management Consultant
[email protected]
Jessie Volz
Treasury Management Analyst
[email protected]
3 836
Item 19.

City of Beaumont wants Wells Fargo will deliver
1High levels of customer service with single points
of contact
A dedicated relationship team that specializes in the
government sector
2Improved integration with its systems
3Clear and fair charging structure Multiple ways to access activity, fees, statements, and notices
4A full-service and easy-to-use configurable online
portal with ease of access to banking data and
transactions
A single sign-on portal that delivers commercial services at your fingertips
A thorough Business Process Review to access automation strategies specific to the City’s systems
837
Item 19.

Wells Fargo in your community | Beaumont, CA
5 •2 banking locations, including 1 in LMI*
communities
•5 ATMs, 2 in LMI communities
Our people Our locations Our community
•41 team members live here
•54 team members work here
1Community Impact and CRA reflects 2020 data
2Some community development activity cannot be tracked at the city level 3Community development activity is subject to change as updates are received *LMI = low to moderate income
Our people and location information as of June 2022
Charitable contributions1
Foundation giving Total grants $amount
Human services 1 5,250
838
Item 19.

Source: FDIC Deposit Market Share Report as of June 30, 2021 Wells Fargo in your community | Beaumont, CA
6 Home mortgage lending in your community1
Community lending1,2,3
•136 mortgage loans extending $30.8 million in credit
–Of that, 3 were in LMI communities, providing $520,000 in credit and 29 mortgage loans were made to LMI borrowers, providing $5.9 million in credit •80 small business loans extending $4.3 million in credit –Of that, 17 were in LMI communities, providing $1.3 million in credit Total loans $ amount
Home purchases 32 8,128,221
LMI borrower 13 2,777,045
Home improvement 0 0
Home equity 0 0
Home refinance 71 16,639,065
LMI borrower 15 2,997,667 Wells Fargo continues to be among highest credit rated U.S. banks Bank Moody’s S&P Fitch
Wells Fargo Bank, NA Aa1(cr)A+AA-
JP Morgan Chase Bank Aa1(cr)A+AA
Bank of America Aa2(cr)A+AA-
US Bank Aa2(cr)AA-AA-
Citibank Aa3(cr)A+A+
Deposit share Rank #Total deposits ($000)

20.67%3 201,365
(cr) –Reflects Moody’s Counterparty Risk Assessment
Source: Bloomberg as of January 21, 2021
Credit ratings
FDIC deposit market share
4Community Impact and CRA reflects 2020 data
5Mortgage includes home purchase, home improvement, home refinance, other purpose, NA and originated and purchased loans. 6Totals include low, moderate, middle, upper and unclassified income levels. 839
Item 19.

•Reducing costs and improving operational efficiency
•Providing excellent service to taxpayers
•Preventing impostor fraud and data breaches
•Financing infrastructure projects to keep up with
changing landscape and maintenance backlogs
•Optimizing overall debt profile for low interest rate
environment
•Maximizing investment returns and managing
pension liabilities
We’re committed to the government sector
Your priorities Our abilities
•Customized account structure to maximize
systematic, operational, and monitoring controls
•Technology efficiencies to free up resources for
customized taxpayer-friendly solutions
•Operational products to help mitigate fraud risks
and protect public funds
•Products to enhance cash flow information
including previous day and intraday reporting,
controlled disbursement, and lockbox services
79 government
relationship
managers *
5,500
government
relationships *
$29 billion
in deposits
$22.5 billion in
commitments*
CRA
overall rating of outstanding†
* Internal Wells Fargo analytics
† Community Reinvestment Act Performance Evaluation, Office of the Comptroller of the Currency, February 4, 2019 840
Item 19.

Everything under
one roof
Wells Fargo
relationship team
General
Banking
Treasury
Management
Purchasing
Card
Lockbox
Merchant
services
Public
Finance
Capital
Markets
Direct
Purchase
lending
Municipal
Sales &
Trading
Employee
financial
education
8 841
Item 19.

Business Process Review
10 Gaining insight and identifying potential risks
in your processes
Observe, analyze, and consult
Focused on what matters
most to you
Proven results benchmarked
to your industry
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Item 19.

•Credit Card processing available with Wells Fargo
Merchant Services
•Approx $6.2MM in annual processing today
•Wells Fargo Merchant Services can also enhance your
online payments with easy to pay utility billing.
•Beaumont has 51 cards issued today with CalCard; approx. $150,000 in annual spend.
•Our Commercial Card program is an all-in-one expense reporting platform •We provide a complimentary vendor analysis to identify vendors that can be paid electronically.
•Issue both Visa and Mastercard, whichever the City prefers •Virtual card and vendor outreach is available with Payment Manager •Platform linked to CEO for real-time card maintenance
•Dual controls, delegated approvers for cardholders
•Receipt images loaded to transactions via site or mobile device •Commercial card is subject to credit approval and vendor analysis Executive summary
•Wells Fargo offers in-house wholetail and wholesale lockbox processing
•Both Wholetail and Wholesale processing is available
•First class priority zip code offered to Beaumont payments •Reporting options available to staff to reconcile daily transactions •Coupon testing and file transmission can process concurrently with other services implemented.
•35K transition allowance to be used in first 12 mo.
•Locked pricing for a three year term
•ECR offered at 70bps-a managed rate and variable based on market conditions and bank discretion
•What services you’re utilizing today
•Remote Deposit
•Lockbox
•Cash Vault
•Returned item with re-deposit instructions
•Positive pay with Payee Validation
•ACH Fraud Filter
•ACH services
•Wire transfers
•Reports
•Merchant Services Banking
services
Purchasing
card
Merchant
servicesLockbox
11 844
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Implementation and timelines
845
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How your relationship team will handle the onboarding process:
13 Jamie O’Connell
Relationship Manager
Gurleen Pannu
Treasury Management Consultant
•Primary contact and escalation point
•Finalize contract, terms, and requirements
•Oversees implementation and ongoing service
•Provide regular relationship reviews, credit and future needs •Understands your business, current processes, and future goals •Determine the right services and solutions
•Designs your new solutions
•Offers new ideas as technology advances
Anna Gonzales
Relationship Associate
Jessie Volz
Treasury Management Sales Analyst
•Handles the new account process and documents submitted for electronic signatures
•Assists with all service requests related to maintenance and signer changes •Covers Jamie O’Connell when she is in customer meetings and out of the office
•Submits research requests and any items that require further review •Gathers required information for treasury services that are requested •Submits request to implementation team for implementation of treasury services
•Manages progress of implementation process
•Assists with treasury pricing questions
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| | | || | | || | | || | | || | | || | | || | | || | | || | | || | | || | | | 1 week
2 weeks
3 weeks
4 weeks
5 weeks
6 weeks
7 weeks
8 weeks
9 weeks
10 weeks
11 weeks
Document completion
(service and legal agreements)
CEO®, online portal
Cash Vault
Disbursement products (ARP/Positive Pay)
ACH
E-Box®
Customer training
Project close out
Pre-implementation planning
Product implementations
Training
Project close out/monitoringLegend Timelines represent standard SLA windows given full customer resource engagement (business and IT) and standard file formats Sample project timeline
14 DDA
Lockbox
847
Item 19.

Smart Safe and Armored Pickup
848
Item 19.

Day 3Day 2
SafeVantage®service: Smart safe deposit processing
16 •Cash deposit information sent daily from
safe to Wells Fargo for credit
•Customer receives credit for deposit
‐Standard Credit: Deposits are posted
the evening of Day 2
‐Premium Intraday Credit: Deposits
are posted on Day 2 by 8:00 a.m. local
time -Intraday deposit reporting is
also available on Day 2
•Cash deposit information available on
vendor web-based reporting
•Store employees place deposit into
safes
•Safes validate the total amount
deposited
•At close of business, safes provide a
printout of each deposit, along with
the daily total
•Armored carrier pickup
•Delivery to a cash vault
•Any adjustments are sent within 48 hours
of receipt at the vault –Significant drop
in adjustment volume is expected
Wells Fargo information reporting
is available
•BAI files and Treasury Information
Reporting (TIR) options available
•Reporting contains different
descriptions for
‐Currency
‐Manual drop
‐Change order deposits
Day 1
Beyond
849
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Lockbox
850
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Wholesale lockbox
18 How it works
851
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Virtual Lockbox
852
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Virtual lockbox: How it works
20 Review
and submit
deposit
02 Payment data
integrated
with lockbox
business rules
03 Receive
accounts
receivable
transmission
04 Access
images
and data
05 Receive
and scan checks
and remittances
01 853
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Analysis Accounts (Fee
Structure and ECR)
855
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Summary of Services Included
Balances of $17MM at current ECR of .70%
1 Account
Lockbox Volumes for items on bid sheet
Cash Vault estimate of $25,000 in currency
Desktop Deposit for paper checks
Positive Pay w/ Payee Validation (40 checks)
Full Account Reconcilement Report
ACH Future Dated Items-1 ACH ID
ACH Fraud Filter
Incoming/Outgoing wire transfers
Intraday & Previous Day Reports
856
Item 19.

Sample Analysis Comparison
•Wells Fargo Bank •Citibank
•* Volumes used by Wells Fargo were provided by City of Beaumont’s Bid Sheet 857
Item 19.

Sweep and Investment
858
Item 19.

Money Market Fund Rate Report -Allspring Global Investments-Link to Investment options 859
Item 19.

860
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The Future of your Payables
861
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•Recognizes commitment to
service through high
authorization approval rates
while helping to control risk
•Exemplify strong partnership
through excellence in
innovation, operational
efficiency, and cardholder
satisfaction
Who we are –leading our peers and the market
The WellsOne® Commercial Card program received the Highest Authorization Approval Rate award as part of Visa’s Global Service Quality Awards
Visa® https://usa.visa.com/visa-
everywhere/innovation/global-
service-quality-awards.html#2
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Item 19.

Payment Manager®value
Leveraging your current technology investment
Optimize
your ERP investment
and AP processing
Improve
your working capital
and cash forecasting
Increase
your security
and control
Reduce
your processing costs
and manual data entry
30 863
Item 19.

The Future of your Receivables
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•Mailed check payments increases delivery time
and delays settlement
•Payments received with incorrect or incomplete
billing data cause posting delays and decrease
customer satisfaction
•Receiving multiple input files from different bill
service providers creates logistical challenges
•Manual returns process is
time-consuming
50%
more time to initiate, mail, deliver, and
post a paper check through online bill pay
than by leveraging the electronic process*
Bill pay challenges-EBOX
32 It takes
about
6 days,
which is
* Wells Fargo internal analytics
865
Item 19.

Wells Fargo Merchant Services Proforma
866
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Sample WFMS statements
867
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Interchange for all four Brands
•Payment Networks Qualification Matrix: https://www.wellsfargo.com/biz/interchangeplus •Payment Networks Pass-Through Fees: https://www.wellsfargo.com/biz/merchantpassthroughfees •PIN Debit Networks Fee Schedule (if applicable): PIN Debit Networks Fee Schedule (wellsfargomedia.com) •Merchant Statement Fee Description Glossary: Merchant Interchange Fee Glossary (wellsfargomedia.com) •All merchant accounts have an MCC (merchant category code) –Utility is 4900. When you search for 4900 some of the results will see “eligible” and others “ineligible” –Eligible means the rates apply to that MCC
–Ineligible means the rates does not appl to that MCC
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36 Service fees overview
•WFPG merchants in select Government and Education MCCs are eligible to charge service fees
-Select Government MCCs: 9311,9222, 9399, 9211
-Higher Education MCCs: 8220,8211,8244,8249
•Can be charged on tax, non-tax, and education payments to offset transactional costs for both the principal and service fee transaction •Principal amount and fee are processed as two separate transactions •Can be collected by Wells Fargo Merchant Services (WFMS) •The cardholder descriptor for the fee is displayed as “WF4xxxxxxxxx*Srvce Fee” 869
Item 19.

City of Beaumont wants Wells Fargo will deliver
1High levels of customer service with single points
of contact
A dedicated relationship team that specializes in the
government sector
2Improved integration with its systems
3Clear and fair charging structure Multiple ways to access activity, fees, statements, and notices
4A full-service and easy-to-use configurable online
portal with ease of access to banking data and
transactions
A single sign on portal that delivers commercial services at your fingertips
Speak to BPR: experienced relationship and
implementation teams-get most of what you paid
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Stand by for
demo
871
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Appendix
872
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Reference
Wells Fargo customer Contact Phone
City of Hemet Lorena Rocha/Tiffany Barnett 951-765-2387 * Transitioned from Citibank about 11 months ago
* Currently implementing Merchant Services and Sweep Option * Services used today: ACH, Cash Vault, Desktop Deposit, Wires, Previous Day Report
40 873
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Q & A for Beaumont
874
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Treasury
Management
Thank you
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Item 19.

Staff Report

TO: City Council
FROM: Jeff Hart, Public Works Director
DATE August 02, 2022
SUBJECT: Traffic Mitigation Measures for Veile Avenue at Sixth Street

Background and Analysis:

On May 18, 2021, staff brought forth a discussion item regarding traffic, safety, and public concerns regarding the intersection of Veile Avenue and Sixth Street. Previous analysis was done to study various options to alleviate concerns regarding illegal left turns from northbound Veile Avenue to westbound Sixth Street, safety impacts from truck traffic making eastbound turns onto Sixth Street from northbound Veile Avenue, and safety impacts from truck traffic making southbound turns onto Veile Avenue from eastbound Sixth Street.

City Council direction from the May 2021 meeting was to move forward with a concept to close Veile Avenue from Luis Estrada Road to Sixth Street. Though no public comments of opposition were made at the meeting, staff received several complaints about the potential closure afterwards and was directed to hold off on moving forward with the requested concept.

At City Council’s request, staff is now bringing forth potential options to mitigate the public safety concerns and is seeking direction on a preferred path forward.

Previous Mitigation Measures

Sixth Street in this area is a main collector that provides access to both Interstate 10 and State Route 60 westbound, as well as providing entry to the downtown area from both Interstate 10 and State Route 60 eastbound. The traffic movements on Sixth Street are free and Veile Avenue northbound is controlled by a STOP sign to enter Sixth Street. Sixth Street westbound has two through lanes including a de-facto right turn lane for the Westbound on ramp to I-10 at the intersection of Sixth Street and Veile 876
Item 20.

Avenue. See following graphic for location:

Staff installed raised delineators along the centerline of Sixth Street fronting Veile Avenue in 2020, which has nearly alleviated all occurrences of illegal left turns from Veile Avenue northbound onto Sixth Street westbound.

Potential Additional Mitigation Measures

In order to address potential public and safety concerns, staff is recommending a phased approach (if necessary) to minimize concerned activity. The first phase would include implementation of additional signing and striping to clearly show legal truck routes, as well as prohibited routes established in previous analysis associated with the Rolling Hills Specific Plan. Signage would include the following:

Figure 1
 Notification of established truck route at intersection of Veile Ave/Fourth Street  Postage of NO TRUCK TRAFFIC at eastbound Fourth Street beyond Veile Ave, and
o Eastbound Fourth Street at Elm Ave
o Eastbound Fourth Street at Olive Ave
 Postage of established truck route along southbound Veile between Fourth Street and First Street
 Postage of established truck route along northbound Veile between Fourth Street and Luis Estrada Road

Figure 1
877
Item 20.

Figure 2
 Notification of established truck route at SE corner intersection of Veile Ave/Luis Estrada Rd
 Postage of NO TRUCK TRAFFIC at NE corner intersection Veile Ave/Luis Estrada Rd
 Postage of NO TRUCK TRAFFIC at NE corner intersection Sixth St/Elm Ave  Postage of NO TRUCK TRAFFIC at NE corner intersection Sixth St/Wellwood Ave
 Postage of NO TRUCK TRAFFIC at NE corner intersection Sixth St/Egan Ave

878
Item 20.

Figure 2

In addition to the previous listed measures, staff is also proposing to work with existing businesses in the vicinity to make them aware of established truck routes. Staff will create a single page reader that shall be provided to employers to disseminate to staff, as well as a request for the information to be provided to all incoming truck drivers.

Many of these businesses contract drivers which further compounds the public safety concerns due to the unfamiliarity of the area. Providing information to these drivers upon entry that clearly depicts established truck routes and prohibi tions should help minimize future concerns.

Staff is also recommending a monitoring period of 6 months after implementation to assess effectiveness of proposed mitigations. Should the improvements be ineffective, additional measures will be brought forth, including partial or complete closure of Veile Avenue between Luis Estrada and Sixth Street. See following figures 3-6 for potential options showing:
 Figure 3 – Closure of NB Veile Ave from Luis Estrada to Sixth Street to prohibit all vehicular and truck traffic in NB direction.
 Figure 4 – Closure of SB Veile Ave from Luis Estrada to Sixth Street to prohibit all truck traffic, though allowing vehicular traffic in SB direction.  Figure 5 – Closure of SB Veile Ave from Luis Estrada to Sixth Street to prohibit all vehicular and truck traffic in SB direction.
 Figure 6 – Closure of Veile Ave in both directions from Luis Estrada to Sixth Street to prohibit all vehicular and truck traffic.
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Item 20.

Figure 3 ~ Closure of Northbound Veile Avenue

Figure 4 ~ Closure of Southbound Veile Avenue to Truck Traffic

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Figure 5 ~ Closure of Southbound Veile Avenue to All Traffic

Figure 6 ~ Closure of Veile Avenue to All Traffic

881
Item 20.

State Route 60 Eastbound to Interstate 10 Westbound Interchange

Additional safety concerns have been raised about the transition from EB State Route 60 to WB Interstate 10. The existing transition requires traffic to exit State Route 60, immediately merge left in conflict with EB Interstate 10 traffic exiting at Sixth Street, in order to enter the on-ramp to WB Interstate 10 at its intersection with Sixth Street (see following graphic). Since this transition solely lies within the California Department of Transportation jurisdiction (Caltrans), staff intends to begin outreach with Caltrans to explore potential remedies to mitigate the safety risk.

Fiscal Impact:

The cost of preparing the staff report is estimated to be $500. The estimated costs for the recommended mitigations are anticipated to be $7,500 which will be paid from the Streets Budget, GL 100-3250-7070-0000, Special Department Supplies.

Recommended Action:

Provide staff direction on whether or not to implement recommended traffic mitigation measures.

882
Item 20.

Staff Report

TO: City Council
FROM: Elizabeth Gibbs, City Manager
DATE August 2, 2022
SUBJECT: Review and Discussion of Continuing or Rescinding Local Emergency Declaration Established via the Adoption of City of Beaumont Resolution No. 2020-07 Adopted on March 17, 2020

Background and Analysis:

At the regular meeting on July 19, 2022, City Council voted 4 -1 to take no action on the local emergency declaration established via the adoption of City of Beaumont Resolution No. 2020-07 on March 17, 2020, and directed staff to bring the item back tonight with more information.

Review
Resolution No. 2020-07 (“Resolution”) authorizes the City Manager to execute a declaration of the existence of a local emergency in the City of Beaumont and empowers the City Manager with certain authority. Approval of the Resolution was in response to the declaration by the World Health Organization (WHO) of the COVID – 19 pandemic, Governor Gavin Newsom’s declaration of a state of emergency for all California, and the increase of infections within the City of Beaumont and the immediate area.

As of the time that this staff report was prepared, the most recent executive order N-11- 22 dated June 17, 2022, terminates portions of 2 previous executive orders related to the COVID-19 pandemic (Attachment A). Under this same order, 5 provisions are terminated immediately, as well as replacement of 7 provisions of previously adopted provisions in various other orders.

The replaced provisions include orders relating to out of state medical personnel, licensing under the Department of Social Services, implementation by the Director of the Emergency Medical Services Authority to local optional scopes of practice, the waiver of professional licensing and certifications requirements by the State Department 883
Item 21.

of Public Health, and finally the suspension of any licensing, certifications, etc. by the Director of the California Emergency Medical Services Authority.

Rescinding
Should City Council determine that a local emergency declaration is no longer required, the resolution should be rescinded. However, by rescinding the adopted resolution, all public meetings under the Brown Act will require that all elected and appointed officials (i.e. City Council, Planning Commission, Finance and Audit Committee, and Economic Development Committee) resume meetings in person. Additionally, the City’s ability to seek reimbursement for certain consumables related to the COVID-19 pandemic from FEMA would end. The future costs for these items are expected to be minimal and should not have an impact to the FY2023 budget.

Fiscal Impact:

City staff estimates the cost of preparation of this report to be approximately $150.

Recommended Action:

Review and discuss Resolution No. 2020-07; and
Take no action and keep the existing declaration of emergency resolution in place; OR
Direct staff to bring back Resolution No. 2020-07 at the next regular City Council meeting on August 16, 2022, for rescission in its entirety; and Direct staff to begin notification of all elected and appointed officials of the requirement for in person meetings after August 16, 2022.

Attachments:

A. Order N-11-22
B. City of Beaumont Resolution No. 2020-07
884
Item 21.

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-11-22
WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and
WHEREAS since March 2020, the State has taken decisive and meaningfu l actions, relying on the most current data and science available, to reduce the spread, and mitigate the impacts, of COVID-19, saving an untold number of lives; and
WHEREAS on June 11, 2021, as a result of reducing case rates throughout California at that time, I issued Executive Order N-08-21, which systematically rolled back many of the Executive Order provisions I put in place to ensure for the continued provision of public and essential services while preserving public health and safety; and
WHEREAS following my issuance of Executive Order N-08-21, the Delta and Omicron variants of COVID-19 spread throughout California, the United States, and the world, posing significant threats to the health and safety of Californians and necessitating additional decisive actions, including those implemented through Executive Order; and
WHEREAS as a result of the effective actions Californians have taken, including more than 75 percent of eligible Californians who have been fully vaccinated, another 8 percent of eligible Californians who are partially vaccinated, and more than 57 percent of eligible Californians who have received a booster, California has turned another corner in its fight against COVID-19, and in particular, the Omicron variant; and
WHEREAS on February 17, 2022, I unveiled the SMARTER Plan, which is guiding California's strategic approach to managing the current phase of the COVID-19 pandemic while moving the State's recovery forward, with a focus on continued equity, readiness, awareness, and flexibility; and WHEREAS on February 25, 2022, I issued Executive Order N-4-22, which rolled back a significant number of the remaining Executive Order provisions I put in place, while retaining a li mited set of provisions that remained necessary to continue responding to the t hreat posed by, and mitigating the effects of, the COVID-19 pandemic; and
WHEREAS in light of the current state of the COVID-19 pandemic in California, it is appropriate to, again, through measured and decisive action, roll back additional provisions of my COVID-19-related Executive Orders and allow other provisions set to expire on June 30, 2022 to do so; and WHEREAS a limited number of provisions of my COVID-19-related Executive Orders remain critical to help California respond to, recover from, and mitigate 885
Item 21.

the impacts of the COVID-19 pandemic -including maintaining California's robust testing and vaccination programs and protecting hospital capacity and vulnerable populations, consistent with the State's SMARTER Plan -such that terminating those provisions at this time would compound the effects of the emergency and impede the State's recovery by disrupting the State's ability to support ongoing medica l response and preparedness; and WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with the various statutes and regulations specified in this Order would continue to prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:
1) The following provisions are terminated:
a. Executive Order N-84-20, paragraphs 7-9; and
b. Executive Order N-5-22, paragraphs 1-2.
2) Paragraph 1 of Executive Order N-12-21, as extended by Executive Order N-21-21 through March 3,1, 2022 and Executive Order N-4-22 through June 30, 2022, is hereby withdrawn and replaced with the following text:

Paragraph 3 of my State of Emergency proclaimed on March 4, 2020 shall remain in place and sha ll have ful l force a·nd effect for the duration of this emergency.
3) Paragraph 2 of Executive Order N-12-21, as extended by Executive Order N-21-21 through March 31, 2022 and Executive Order N-4-22 through June 30, 2022, is hereby withdrawn and replaced with the following text:

To ensure hospital.sand other health facilities are able to adequately implement COVID-19 related mitigation strategies, the Director of the California Department of Public Health (Department) may waive any of the licensing requirements of Chapter 2 of Division 2 of the Health and Safety Code and accompanying regulations with respect to any hospital or health facility identified in Health and Safety Code section 1250. Any waiver shall include alternative measures that, under the circumstances, will allow the facilities to implement COVID-19 related mitigation strategies while protecting public health and safety. Any facilities being granted a waiver shall be established and operated in accordance with the facility's required disaster and mass casualty plan.

The Director shall not waive licensing requirements governing facility 886
Item 21.

staffing ratios, except for individual facility waivers otherwise authorized by law. Any waivers granted pursuant to this paragraph shall be posted on the Department's website.
4) Paragraph 3 of Executive Order N-12-21, as extended by Executive Order N-21-21 through March 31, 2022 and Executive Order N-4-22 through June 30, 2022, is hereby withdrawn and replaced with the following text:

Paragraph 14 of my State of Emergency proclaimed on March 4, 2020 shall remain in place and shall have full force and effect for the duration of this emergency. Any facility operating under a waiver pursuant to this provision may operate pursuant to such a waiver through the expiration as set forth by California Department of Socia l Services or through the duration of this emergency, whichever occurs first.
5) Paragraph 4 of Executive Order N-12-21, as extended by Executive Order N-21-21 through March 31, 2022 and Executive Order N-4-22 through June 30, 2022, is hereby withdrawn and replaced with the following text:

Paragraph 4 of Executive Order N-25-20 shal l remain in place and shall have full force and effect for the duration of this emergency. 6) Paragraph 5 of Executive Order N-12-21, as extended by Executive Order N-21-21 through March 31, 2022 and Executive Order N-4-22 through June 30, 2022, is hereby withdrawn and replaced with the following text:

Paragraph 2 of Executive Order N-39-20 shal l remain in place and shall have full force and effect for the duration of this emergency. 7) Paragraph 6 of Executive Order N-12-21, as extended by Executive Order N-21-21 through March 31, 2022 and Executive Order N-4-22 through June 30, 2022, is hereby withdrawn and replaced with the following text:

Paragraph 6 of Executive Order N-39-20 sha ll remain in place and sha ll have full force and effect for the duration of this emergency. 8) Paragraph 1 of Executive Order N-17-21, as extended by Executive Order N-21-21 through March 31, 2022 and Executive Order N-4-22 through June 30, 2022, is hereby withdrawn and replaced with the following text :

Paragraph 1 of Executive Order N-35-20 shall remain in place and shal l have full force and effect for the duration of this emergency.

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in t he Office of the Secretary of State and that widespread publicity and notice be given of this Order.
887
Item 21.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 17th
day of June 2022.

GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State
888
Item 21.

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Item 21.

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Item 21.

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Item 21.

Staff Report

TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE August 2, 2022
SUBJECT: Discussion on a Proposed Land Use Management Policy for Logistics, Warehouse, Distribution and Other Similar Industrial Development

Background and Analysis:

The City of Beaumont is experiencing significant interest from the logistics/warehouse/distribution industries. The City is currently home to Amazon, Wolverine, Icon and CJ Foods all of which operate in the Manufacturing (M) zone south of SR-60 along the Fourth Street corridor. The Planning Department has applications on file for approximately 30 million additional square feet of similar developments in the Manufacturing (M) zone and surrounding sphere of influence.

In light of the current and anticipated growth, the Land Use Subcommittee directed the City Manager’s office to prepare a draft policy for management of these types of development. Staff worked with the Land Use Subcommittee on the draft included as Attachment A to this report. Below are some highlights of the draft Land Use Management Policy:

Purpose
The policy is intended to provide a guide through which logistics, warehouse and similar projects can be planned in a way that lessens their impact on the community a nd the environment.

The policy will provide standards which applicants and the public can look to and will provide an opportunity for City staff to monitor individual conditions of approval .

Applicability
The policy guidelines will apply to new projects submitted after the policy is approved and will be implemented during the development review process. 893
Item 22.

The policy will apply to logistics, warehouse or similar projects including any building larger than 100,000 square feet in size or type. It is intended to provide general guidance that will be appropriate for most industrial or logistics, warehouse or similar projects.

Analysis
The analysis section speaks to a variety of studies and other documents which will be required as part of the project review process. Some of the studies will already be required through the CEQA process and some are new items, not currently required as part of the development review process or by CEQA.

Construction Phase
The construction phase requirements are intended to mitigate the impacts of construction activities for both the surrounding area and the environment. The requirements listed address items such as air quality, noise and construction debris.

This section also provides for inspection by City staff to ensure compliance.

Siting and Design
The siting and design section addresses concerns with the physical aspects of a project and how it functions in the built environment. Issues addressed include location of loading docks, circulation, screening and overall design of the project.

Operation
The facility operation component of the policy concentrates on post-construction operations of a facility. The intent of this portion is to support measures which reduce air quality and noise impacts while in operation.

Wayfinding
Wayfinding speaks predominately to signage throughout the entire site. The purpose is to direct large truck traffic and employee traffic appropriately, with the intent of minimizing truck-passenger vehicle conflict. The wayfinding section also requires a point of contact be identified as the responsible position for ensuring the conditions and mitigations in this section are being met.

Community Benefit
The community benefit section focuses on two items: meaningful community engagement and future community benefit fee. Meaningful and transparent community engagement will be required prior to an item moving through the public hearing process.

The engagement efforts must be quantifiable and make an effort to address community concerns. The future community benefit fee could be implemented at the direction of City Council. Staff would have a nexus study prepared and conduct the appropriate 894
Item 22.

hearings in accordance with California Government Code sections 66000- 66025 (the “Mitigation Fee Act”), and Assembly Bill (AB) 1600 to establish and implement a fee.

Fiscal Impact:

The cost to prepare this staff report is approximately $350.

Recommended Action:

Adopt the Land Use Management Policy; or
Discuss and provide direction to staff on the draft Land Use Management policy.

Attachments:

A. Draft Land Use Management Policy
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Item 22.

City of Beaumont
DRAFT – Land Use Management Policy
Purpose
For the past decade, the City of Beaumont was one of the fastest growing cities in the region. The City’s proximity to Los Angeles, Orange and San Diego counties, the availability of affordable land and high quality of life have all contributed to making Beaumont an attractive place to live and work. The continuing rate of growth in Beaumont and in the larger region exceeds the capacity of the City’s financial resources to meet the needs for transportation infrastructure. Warehousing, logistics, e- commerce and distribution are established sectors of the Inland Empire economy and are increasing in the City of Beaumont. These uses contribute to local job growth and continue to expand based on trends in e-commerce. Due to the City’s location, providing direct access to I-10, SR-60 and SR79, it is anticipated that strong demand for growth in the logistics industry will continue.

The City recognizes construction and operations of logistics, warehouses and other similar types of projects in close proximity to sensitive land uses or sensitive receptors, negatively affects quality of life.

Sensitive receptors generally include residences, schools, parks, playgrounds, community centers, assisted living, day care centers, nursing homes, hospitals, and similar uses. The City of Beaumont has all of these types of sensitive receptors and additionally has several active-55+ communities.

This policy is intended to provide a guide through which logistics, warehouses and similar projects can be planned in a way that lessens their impact on the community and the environment. This policy will aid in minimizing potential impacts to sensitive receptors by acknowledging the City’s existing General Plan and zoning which provides location and standards for development of these types of projects and California Environmental Quality Act (CEQA) project analysis. This policy does not exempt a project from preparation of the appropriate environmental review and application of any necessary measures that may arise as a result. This policy provides criteria which shall be implemented to supplement project- level mitigation measures, to further reduce impacts related to logistics, warehousing and any project of similar size or type of development.

The application of this policy is intended to be included in the evaluation of and conditions of approval for individual development projects. This will provide standards for which applicants and the public can look to and will provide an opportunity for City staff to monitor individual conditions of approval. The policies are organized into specific categories, to address potential quality of life issues from initial design to construction and operations.

Applicability
The policy guidelines apply to new projects submitted after the policy approval date and will be implemented during the development review process.

This policy applies to logistics and warehouse projects that include any building larger than 100,000 square feet in size or type. It is intended to provide a general guidance that will be appropriate for most industrial or logistics, warehouse or similar projects. Project-level review under CEQA applies to any project, regardless of square footage and may include any technical reports including, but not limited to noise, greenhouse gas, air quality, and traffic. The Planning Department shall use this policy to review projects and in instances where a project does not conform to the policy shall document findings to be considered by the Planning Commission and City Council.

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Item 22.

City of Beaumont
DRAFT – Land Use Management Policy
Analysis

1. An “Air Quality” study shall be prepared in accordance with CEQA and the South Coast Air Quality Management District (SCAQMD) guidelines which includes both project specific and cumulative impact analysis.

2. A “Health Risk Assessment” shall be prepared in accordance with CEQA and the South Coast Air Quality Management District (SCAQMD) guidelines when a proposed project meeting the criteria of this policy is located within 1,000 feet of a sensitive receptor.

3. A “Noise Impact Analysis” shall be prepared in accordance with CEQA guidelines to assess potential impacts to the neighboring properties and surrounding community.

4. A “Construction Traffic Control Plan” shall be prepared, reviewed and approved prior to issuance of a grading permit, which details the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations.

5. A “Traffic Study” or “Traffic Impact Analysis” shall be prepared in accordance with CEQA, analyzing both Vehicle Miles Traveled (VMT) and Level of Service (LOS) as identified in the City’s General Plan. The study shall identify improvements and fair share costs for the project.

6. A “Water Supply Assessment” shall be prepared as part of the environmental review process.

7. A “Sewer Study” shall be prepared as part of the environmental review process.

8. An “Economic Impact Study” shall be prepared as part of the environmental review process.

9. An “Energy Efficiency Plan” shall be prepared as part of the environmental review process that shows above and beyond Title 24 requirements.

Construction Phase

1. During construction of the project, all construction equipment accessing the site shall have CARB-Compliant engines or newer as identified by the most current CARB engine standards.

2. Construction contractors shall locate or park all stationary construction equipment away from sensitive receptors nearest the project site.

3. The surrounding streets shall be swept on a daily basis to remove any construction related debris and dirt.

4. Dust control measures meeting SCAQMD standards shall be implemented for all land disturbance and construction activity.

5. Construction contractors shall prohibit truck drivers from idling more than five (5) minutes and require operators to turn off engines when not in use, in compliance with the California Air Resources Board regulations.
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DRAFT – Land Use Management Policy

6. During construction, a City representative shall conduct an on-site inspection with a project representative to verify compliance with these policies, and to identify other opportunities to reduce construction impacts.

Siting and Design

1. Truck bays and loading docks shall be a minimum of 1,000 feet, from the property line of the sensitive receptor to the nearest dock door using a direct straight-line method. This distance may be reduced if the site design includes berms or other similar features to appropriately shield and buffer the sensitive receptors from the active truck operations areas. Dock doors shall not be visible from surrounding residential properties or the public right-of-way. Other setbacks appropriate to the site’s zoning classification shall be incorporated in the design.

2. Projects shall be designed to provide adequate on-site parking for commercial trucks and passenger vehicles and on-site queuing for trucks not visible from sensitive receptors. Commercial trucks shall not be parked in the public right-of-way or nearby residential areas. Queuing shall not extend into the public right-of-way.

3. Truck driveways shall be placed on streets that do not front sensitive receptors.

4. Sites shall clearly mark entry and exit points for trucks and service vehicles.

5. Facility operators shall establish specific truck routes between the facility and regular destinations, identifying the most direct routes to the nearest highway/freeway and prohibit traveling near sensitive receptors or through residential neighborhoods. The truck route should be submitted as part of the entitlement package.

6. Separate entry and exit points for trucks and passenger vehicles shall be provided to minimize vehicle/truck conflict.

7. Sites shall be densely screened with landscaping along all bordering streets and adjacent sensitive receptors, with trees spaced no further apart than 25 feet on center. Fifty percent of the landscape screening shall include a minimum of 36-inch box trees. A permanent maintenance mechanism shall be approved as part of the entitlement process to assure that the landscaping remains in place and functional in accordance with the approved landscaping plan.

8. A “wing-wall” shall be installed perpendicular to the loading dock areas to further reduce truck or operational noise and to serve as an aesthetic screening feature for the loading area when adjacent to sensitive receptors.

9. All project lighting shall comply with the City’s “Dark Sky Ordinance”, Beaumont Municipal Code Chapter 8.50 Outdoor Lighting. Lighting shall be directed down to the interior of the site and not spill over onto adjacent properties.

10. Project facilities shall install electrical panels and conduit to facilitate future electrical connections, to eliminate idling of main and auxiliary engines during the loading and unloading process.

At all cold storage facilities electrical connections shall be provided to each dock. 898
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City of Beaumont
DRAFT – Land Use Management Policy

11. Facility construction and operational noise shall comply with Beaumont Municipal Code Chapter

9.02 Noise Control.

12. Sites shall be designed to significantly minimize aesthetic impact and structures shall have a neutral palette, blending in with the surrounding environment.

Operation

1. Facility operators shall prohibit truck drivers from idling more than five (5) minutes and require operators to turn off engines when not in use, in compliance with the California Air Resources Board regulations.

2. Facility operators shall coordinate with CARB and SCAQMD to obtain the latest information about regional air quality concentrations, health risks, and trucking regulations.

3. On-site equipment shall be compliant with CARB and SCAQMD regulations.

4. Facility operators shall require all drivers to park and perform any maintenance of trucks in designated on-site areas and not within the surrounding community or on public streets.

5. Facility operators for sites that exceed 250 employees shall establish a rideshare program, in accordance with AQMD rule 2202, with the intent of discouraging single-occupancy vehicle trips and promote alternate modes of transportation, such as carpooling and transit where feasible.

6. A minimum of 5% or as required by the Cal Green Code, whichever is greater of employee parking spaces shall be designated and infrastructure installed and operational for electric or other alternative fueled vehicles.

7. Externally announcing public address (PA) system are prohibited with the exception of emergency notifications.

8. Facility operational noise shall comply with Beaumont Municipal Code Chapter 9.02 Noise Control.

Wayfinding

1. Wayfinding signs shall be posted in the appropriate locations that trucks should not idle for more than five (5) minutes and that truck drivers should turn off their engines when not in use.

2. Wayfinding signage shall be posted in the appropriate locations that clearly show the designated entry and exit points for trucks, service vehicles and passenger vehicles.

3. Signs stating parking and maintenance of all trucks is to be conducted within designated areas and not within the surrounding community or on public streets shall be posted in the appropriate locations.
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DRAFT – Land Use Management Policy

4. Signs should be posted in the appropriate locations and handouts should be provided that show the locations of nearest food options, fueling, truck maintenance services, and other similar convenience services, if these services are not available onsite.

5. Each facility shall designate a point of contact responsible for implementing the measures described herein and/or in the project conditions of approval and mitigation measures. Contact information should be provided to the City and updated annually, and signs should be posted in visible locations providing the contact information for the point of contact to the surrounding community.

These signs shall also identify the website and contact information for the South Coast Air Quality Management District.

6. Signage shall comply with the City’s Sign Ordinance, Beaumont Municipal Code Chapter 17.07 Signage, which may be amended from time to time.

Community Benefit

1. Applicants for proposed projects meeting the criteria for this policy shall engage in meaningful and transparent community outreach to engage the existing community in determining issues of concern. The applicant shall make a quantifiable effort to address concerns through site design and other means during the project entitlement process. Suggested outreach efforts include but are not limited to, hosting community meetings, making presentations at Homeowner’s Association meetings, and Planning Commission workshops.

2. Warehouse/distribution, logistics, e-commerce and other similar types of industrial development typically produce some community impacts related to the construction and operation of these facilities. The applicant for any new project will be required to participate in the Land Use Management Mitigation Fee, which would be utilized to address applied to further off-set potential air quality impacts to the community and provide a community benefit above and beyond any CEQA related mitigation measures. The fee would be based on a nexus study and subject to the requirements of California Government Code sections 66000- 66025 (the “Mitigation Fee Act”), and Assembly Bill (AB) 1600. The fee will be collected on a one-time basis. Funds collected through the fee program will be subject to designation for use by the City Council and will generally be used for projects that directly benefit the impacted community wherein the project is located. 900
Item 22.

CAPITAL IMPROVEMENT PROJECTS

DESIGN TO

CONSTRUCTION
Construction on a Capital Improvement Project
is a process that, depending on size and
magnitude, can take months or even years to
complete.

Capital Improvement Projects are deeply
complex with the following start to finish
process:

PARK PROJECTS

AT-A-GLANCE

STEWART PARK
In April 2022, a Professional Services Agreement was awarded to PlaceWorks to provide Landscape Architecture and Engineering Design Services for Stewart Park. A public survey discussing park features was completed in July with over 650 responses. The draft conceptual plan based on staff review and public input will be presented to the City Council in October. The project is fully funded and construction is anticipated to begin in 2023.

RANGEL PARK
In the Spring of 2022, the Beaumont Community Services assembled a Special Team to complete the renovation of Rangel Park and Valdivia Field in time for the annual Coyotes Fastpitch Softball Tournament. Completed projects include installation of new irrigation, sod/landscaping, decomposed granite (DG) warning track, drinking fountains, bleachers, sidewalk and ballfield fencing. To complete the project, staff is awaiting the delivery of the playground and the installation of new LED lights.

THREE RINGS RANCH PARK
In 2021, the City of Beaumont was awarded a grant from the State of California Department of Parks and Recreation Office of Grants and Local Services (OGALS).

Conceptual designs were presented to families at a Pop Up in The Park event held at Three Rings Ranch Park; participants were asked to select color schemes and playground amenities. Equipment will be ordered by Summer 2022 with installation expected by early 2023.

MT. VIEW PLAYGROUND SHADE
This current CIP Project is funded to provide a new playground that will include integrated shade structures. The installation of shade elements incorporated into new playgrounds saves space and is essential to protecting children from UV rays. This project included replacing the existing 5-12 year-old and 2-5 year-old playgrounds. The project is fully funded and equipment will be ordered by Fall 2022 with installation expected by early 2023.

STAGE 1: Identify
Identify City Infrastructure to be improved,
such as parks, streets, transit, community
facilities, etc.

STAGE 2: Conceptual Design
City staff conducts community outreach,
such as surveys, to assess the needs and
develop a concept plan of what the project
will look like.

STAGE 3: Obtain Funding
Depending on the type of project and it's
impact locally, regionally or beyond, funding
sources can include one or more of the
following: Grants, local, county, state,
federal funding, and/or tax revenue.

STAGE 4: Construction Design
Architects and engineers determine the
scope of the project and develop a timeline,
which includes environmental planning and
design. This process can take 6-48 months
depending on the complexity of the project.

STAGE 5: Construction
At the construction phase, the public will
see the project start to take shape.

STAGE 6: Completion
Every completed project ELEVATES our
City!
ALBERT A CHATIGNY SR. COMMUNITY RECREATION CENTER
1310 Oak Valley Parkway
(951)769-8524 | [email protected] | @BMTparks For more information on these projects, please visit
BeaumontCA.gov REV. July 2022
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Item 23.

T E N N I S C O U R T

H A N D B A L L C O U R T
F O O T B A L L /R U G B Y F I E L D1 1
1 8

W H O W E A R E

B Y T H E N U M B E R S

BEAUMONT PRIDES ITSELF ON OFFERING PARKS

AND RECREATION SERVICES THAT ADDRESS THE
NEEDS OF EVERY CITIZEN.

R E N T A B L E S P A C E S

B A S E B A L LFIELDS
1 2 B A S K E T B A L L C O U R T S
7 S O C C E RFIELDS4

S K A T E P A R K

O U T D O O R P A R K

F I T N E S S L O O P

M I L E S O F
P A R K T R A I L S6 C O M M U N I T Y
M E E T I N G R O O M S1

D I S C G O L F C O U R S E
5 5 P A R K G A Z E B O S
2 A U D I T O R I U M /

G Y M N A S I U M S

D O G P A R K

S M A L L A N D L A R G E D OG S E C TI O N S

S E N I O R C E N T E R
P A R K R E S T R O O M S7 S N A C K B A R S3
I N D O O R P E R F O R M A N C ESTAGES2OUTDOOR A M P H I T H E A T E R1

P A R K S & P L A Y G R O U N D SCITY-O W N E D C O M M U N I T Y Find all your Beaumont parks by downloading the
new Beaumont app!902
Item 23.

Beaumont City CouncilAugust 2, 2022

Beaumont City Council
August 2, 2022