vehicles, their cargos and crews. Also applies to a business establishment providing towing and/or storage of operative or inoperative vehicles. This classification includes the storage of tow-aways, impound yards, and storage lots for buses and recreational vehicles, but does not include vehicle dismantling.
Automobile Wrecking or Automobile Dismantling. A business establishment engaged in the dismantling and/or wrecking of automobiles, used motor vehicles or trailers, and/or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or parts.
Automobile Service Station. An establishment providing gasoline oil and other additives, and/or performing minor repairs and other customary services for automobiles and light vehicles, but excluding painting, body work steam cleaning, and major repairs.
Advertising Structure. A structure of any kind or character, erected or maintained for outdoor advertising purposes, upon which any poster bill,
Awning. Either a fabric covered appendage, or a temporary collapsible shelter of noncombustible materials supported entirely from the exterior wall of a building.
B
Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade, or parapet on at least one side.
Balcony, Unenclosed. A balcony open to the sky and not fully enclosed on more than two sides.
Balloon. A floating air-filled or gas-filled object tethered to a fixed location (also see "Sign, balloon").
Banks and Savings. A state- or federally chartered financial institution that provides retail banking Barrier. A fence, a wall, a building wall or a combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool.
Bars and Cocktail Lounges. Establishments where alcoholic beverages are sold for consumption on the premises. This classification excludes restaurants and commercial recreation uses that may serve alcoholic beverages incidental to the primary use.
Basement. That portion of a building located between the ground level or first floor of a structure.
Battery. A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this chapter, batteries utilized in consumer products are excluded from these requirements.
Battery Energy Storage Management System. An electronic system that protects storage batteries from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. The system generates an alarm and trouble signal for abnormal conditions.
Battery Energy Storage System. A system consisting of electrochemical storage batteries, battery chargers, controls, power conditioning systems and associated electrical equipment, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle.
Bed and Breakfast Facilities. A residential structure that is occupied by a resident as his/her primary residence with one or more bedrooms rented for period of 30 consecutive days or fewer, and where meals may be provided.
Billiard Parlor. An establishment that provides five or more billiard and/or pool tables. 496
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Boarding. A residence or dwelling, other than a hotel, wherein three or more rooms are rented under three or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence.
Building. Any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of persons, animals, or property of any kind.
Building; Accessory. A detached subordinate building, the use of which is incidental to that of the primary building or to the principal use of the land, and which is located on the same lot or parcel of land with the main building or principal use of the land.
Building, Height. The vertical distance as measured continuously along a line at existing grade bisecting the width of the lot to the highest point of a building or structure, except as provided elsewhere in this Zoning Ordinance.
Building, Main. A building in which is conducted a principal use of the lot or parcel of land upon which it is situated. In a residential or agricultural zone, any residential unit shall be deemed to be a main building upon the lot or parcel of land on which it is situated.
Building Material Sales. An establishment engaged in retailing or wholesaling of building supplies or equipment. This classification includes lumber yards and tool and equipment sales, but excludes businesses engaged in the retail sales of paint and hardware, building contractor's yards, and activities classified under "Equipment Leasing and Rentals."
Building Site. The ground area of one or the ground area of two or more lots when used in combination of a building or group of buildings together with all open spaces as required by this Ordinance.
Building Wall. The vertical surface, or any element thereof, including any structural member or group of structural members attached the vertical surface, that defines the exterior boundaries of a building.
Business and Trade School. An establishment which provides on-site training of business, commercial, and/or trade skills such as accounting, data processing, and computer repair. This classification excludes establishments providing training in an activity that is not otherwise permitted in the applicable zone. Incidental instructional services in conjunction with another primary use shall not be considered a business and trade school.
C
Cabana. A structure containing not more than 700 square feet, not containing a kitchen.
Camp, Day. A facility with an organized daytime program involving the supervision and care of children.
Canopy. Has the same meaning as "awning" as defined in this section, except that a canopy contains separate supporting posts and is not supported entirely from the exterior wall of a building. A fixed overhead shelter used as may or may not be attached to a building.
Carport. A permanently roofed structure with no more than two enclosed sides, used or intended to be used for automobile shelter and storage.
Cell. The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.
Cellar. See "Basement".
Centerline. The centerline of any street, as established by the City Engineer by official surveys, and on file in the Office of the City Engineer.
Check Cashing. A business that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification does not include a state- or federally- chartered bank, savings association, credit union, or industrial loan company. Further, this 497
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classification does not include establishments selling consumer goods where the cashing of checks or money orders is incidental to the main purpose of the business.
Church. A facility used for religious worship and incidental religious education and/or activities, including a parsonage which shall be a maximum of 1,200 square feet or 50 percent of the assembly hall whichever is less.
Setbacks and parking shall meet the residential single-family requirements. This definition does not include private schools as defined in this section of the Zoning Ordinance.
Child Care Center. A facility that provides non-medical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. "Childcare center" includes day care centers and family day care homes.
City. Refers to the City of Beaumont.
Club, Private. Any building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise. This definition does not include "Adult" business establishments.
Clubs and Lodges. A private or nonprofit organization providing meeting, recreational, or social facilities primarily for use by members and/or guests.
Commercial Printing. A business providing printing, blueprinting, photocopying, engraving, binding, or related services.
Commercial Vehicle. A vehicle which, when operated on a street, is required to be registered as a commercial vehicle under the State Vehicle Code, and which is used or maintained for the transportation of persons for hire, compensation, or profit, or which is designed, used, or maintained primarily for the transportation of property.
Commission. Refers to the Planning Commission of the City of Beaumont.
Commissioning. A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements.
Communications Facilities. An establishment engaged in broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms. This classification includes, but is not limited to, radio, television, or recording studios, telephone switching centers, and telegraph offices.
Communications Facilities, Wireless. An unstaffed facility used for the transmission or reception of wireless telecommunication services, commonly consisting of an antenna array, connection cables, a support structure, and ancillary support facilities.
Community Center. A building, buildings, or portions thereof used for recreational, social, educational, and cultural activities where buildings and associated improvements are owned and/or operated by a public, nonprofit, or public serving group or agency.
Community Garden. Use of land for and limited to cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity, by several individuals or households.
Condominium. An undivided interest in common in a portion of real property coupled with a separate interest in space called a "unit," the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The description of the unit may refer to: a) boundaries described in the recorded final map, parcel map, or condominium plan, b) physical boundaries, either in existence, or to be constructed, such as wall, floors, and ceilings of a structure or any portion thereof, c) an entire structure containing one or more units, or d) any combination thereof. An individual condominium within a condominium project may include, in addition, a 498
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separate interest in other portions of the real property. This term shall also include stock-cooperative developments.
Condominium Project. A common interest development consisting of condominiums.
Contractor or Building Materials Storage Yard means establishments which engage primarily in the outdoor storage of goods, materials (except temporary storage of construction materials associated with an active building permit), machines, vehicles, trailers, and other equipment associated with a construction or contractor's business licensed within the City of Beaumont.
Convalescent Facilities. A business establishment engaged in providing care on 24-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services.
Convalescent Home. A home or establishment offering or providing lodging, meals, nursing, dietary, or other personal services to five or more convalescents, invalids, or aged persons, but shall not include surgery or the care of persons with contagious or communicable diseases.
Conversion (Condominium). A change in the type of ownership of a parcel or parcels of land, together with the existing structures, from rental housing, as defined in this section, to a condominium, community apartment, planned development, stock cooperative, or common interest development.
County. Refers to the County of Riverside.
Court. An open, unoccupied space bounded on two or more sides by the walls of a building. "Inner court" is a court entirely enclosed within the exterior walls of a building. All other courts are referred to as outer courts.
Coverage. The percentage of total site area covered by structures, open or enclosed, excluding the following uncovered structures: steps, courts, patios, terraces, and swimming pools.
D
Dairy. Any premises where three or more cows, three or more goats or one or more cows and two or more goats, or two or more cows and one or more goats are kept, milked, or maintained.
Daycare Center, Adult. A state-licensed facility designed to provide necessary care and supervision to persons 18 years of age or older on less than a 24-hour basis. Adult day care centers include the various types of adult day services as defined under state law that include "adult day care facilities," "adult social day care facilities," and "adult day health care facilities."
Day Care Center, Children. A state-licensed facility, other than a family day care home, providing non-medical care and supervision to children under 18 years of age on less than a 24-hour basis. Child day care centers shall include "day care centers" as defined under state law, which include infant centers, preschools, and extended day care facilities.
Deck. A platform other than a balcony, either freestanding or attached to a building, without a roof, that is supported by pillars, posts, or walls.
Decommissioning Plan. A plan to retire the physical facilities of the project, including decontamination, dismantlement, rehabilitation, landscaping and monitoring. The plan contains detailed information on the proposed decommissioning and covers the schedule, type and sequence of decommissioning activities; waste management, storage and disposal of the waste from decommissioning; the timeframe for decommissioning and site rehabilitation.
Director and Director of Planning and Planning Director. Refers to the Community Development Director or his or her designee.
Drive-in Restaurant. Any building or structure in which food and drink are prepared for service to customers outside of such building or structure, even though the same is served to customers inside said building or structure 499
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or to customers occupying vehicles outside such structure and shall include self-service restaurants for take-out food.
Drive-thru. See "Establishment with drive-up service".
Driveway. An appropriately paved and privately-owned surface or road that provides access to off-street parking or loading facilities.
Dump. An area devoted to the disposal of combustible or non-combustible refuse.
Duplex. A structure consisting of two dwelling units.
Dwelling or Dwelling Unit. An attached or detached building containing one or more rooms wherein the occupants of each dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient and members have some control over who becomes a member of the single housekeeping unit.
Dwelling, Multiple Family Residential. One or more buildings located on a lot containing a total of two or more dwellings within a structure.
Dwelling, Single-Family. An attached or detached building not to contain more than one kitchen wherein the occupants of the dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient and members have some control over who becomes a member of the single housekeeping unit.
Dwelling, Tri-plex. A building designed for occupancy by three families living independently of each other and containing three dwelling units under one common roof.
Dwelling, Two-Family or Duplex. An attached or detached building containing two Dwelling Units wherein the occupants of each Dwelling Unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient and members have some control over who becomes a member of the single housekeeping unit.
E
Efficiency Kitchen. A kitchen that includes the following:
1. A cooking facility with appliances that can run on standard 120 volt outlets or natural or propane gas;
2. A food preparation counter;
3. Storage cabinets that comply with minimum building code standards; and
4. May include a single basin sink with a maximum waste line diameter of 1.5 inches.
Employee/Farmworker Housing. Housing as described in California Health and Safety Code Sections 17021.5 and 17021.6, and employee housing as defined in California Health and Safety Code Section 17008.
Energy Storage System. A system which stores energy and releases it in the same form as was input.
Establishment with Drive-up Service. A business or institution providing services accessible to persons who remain in their automobiles.
F
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Façade, Building. The exterior wall of a building that is located above ground.
Family. One or more persons living together as a single housekeeping unit in a dwelling unit. A family includes the residents of residential care facilities and group homes for people with disabilities. A family does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries or nunneries.
Family Day Care Home, Large. A dwelling that regularly provides care, protection, and supervision for 12 or fewer children under the age of ten, in the provider's own home, for periods of less than 24 hours per day.
Family Day Care Home, Small. A dwelling that regularly provides care, protection, and supervision for one to six children inclusive, including children under the age of ten.
Firearm Sales or Firearms Business. An establishment having at least 25 percent of its gross floor area devoted to the sale of firearms, ammunition and ammunition components, and hunting or shooting equipment.
Floor Area, Gross. The total horizontal area of all the floors of a building included within the surrounding walls, exclusive of vent shafts and courts.
Floor Area, Net. The total useable floor area within all floors of a building included within the surrounding walls.
Floor Area Ratio. The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which such building or buildings are located.
Food and Beverage Sales. A business establishment where the primary use involves the retail sales of food and beverages for off-site preparation and consumption. Typical uses include grocery markets and delicatessens.
This category does not include liquor stores.
Food Manufacturing. A business establishment engaged in manufacturing, processing, and/or packaging of food products for wholesaling and distribution. This use may include incidental direct sale to consumers of the products manufactured on-site, souvenirs, and ancillary tasting facilities for the public.
Frontage. The frontline of a site, separating the site from the street.
G
Garage, Parking Garage. A structure with a common vehicular entrance and exit which is used by vehicles in parking spaces and which otherwise conforms to the requirements of this Zoning Code.
Garage, Private. A detached accessory building, or a portion of a main building on the same lot, enclosed on three sides and with a door capable of enclosing the fourth side, for the parking or temporary storage of vehicles owned by the occupants of the premises.
General Plan. The General Plan of the City of Beaumont, consisting of the General Plan and Map, adopted by the City Council.
Grade, Existing. The surface of the ground or pavement at a specific location as it existed prior to disturbance in preparation for a construction project.
Grade, Finished. The finished surface elevation of the ground or pavement at a specific location after the completion of a construction project.
Grade, Ground Level. The average level of the finished ground surface surrounding a building, measured at the center of all walls of the building.
Gradient. The rate of vertical change of a ground surface expressed in a percentage and determined by dividing the vertical distance by the horizontal distance. 501
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Group Home (Unlicensed) or Unlicensed Group Home. A single-family dwelling unit with six or fewer occupants who are all (other than the house manager) considered disabled under state or federal law, but not licensed by the state.
Group or Community Care Facilities. Consistent with Health and Safety Code Section 1502, facilities licensed by the Community Care Licensing Division of the State Department of Social Services to provide 24-hour non- medical residential care to children and adults with developmental disabilities who are in need of personal services, supervision, and/or assistance essential for self-protection or sustaining the activities of daily living.
Guest House. Refers to living quarters, having no kitchen facilities, located within an accessory building located on the same premises with a main building and occupied solely by members of the family, temporary guests, or persons permanently employed on the premises.
Guest Room. A room designed for or occupied as sleeping quarters by one or two persons, providing lodging for compensation.
H
Hazardous Waste. Any waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may: a) exhibit toxicity, corrosivity, flammability, and/or reactivity; b) cause, or significantly contribute to, an increase in serious irreversible, or incapacitating reversible, illness; or, c) present a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
Hazardous Waste Facility. All contiguous land, structures, other appurtenances, and improvements within a property, used for handling, treating, storing, or disposing of hazardous wastes.
Health and Physical Fitness Facility. A private athletic clubs and gymnasiums including, but not limited to, weight training facilities, aerobic exercise floors, racquetball courts, swimming pools, and similar athletic facilities.
Height. See "Building height".
Home Occupation. An occupational activity carried on by the occupant(s) of a residential dwelling as a secondary use in connection with which there is no display, no walk-in customers, no stock-in-trade, nor commodity sold upon the premises, no person employed, and no mechanical equipment used, except such as is necessary for housekeeping purposes.
Hospital. A facility providing medical, surgical, psychiatric, and/or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for out-patient treatment, as well as training, research, and administrative services for patients and employees.
Hotel or Motel. One or more buildings containing guest rooms or dwelling units, with one or more such rooms or units having a separate entrance leading directly from the outside of the building or from an interior court. Such facilities are designed to be used, or intended to be used, rented, or hired out for temporary or overnight accommodations for guests, and are offered primarily to patrons by signs or other advertising media.
This classification may contain public meeting rooms and eating, drinking, and banquet services associated with the facility.
Hot Tub. See "Swimming pool".
Household. A single individual or group of individuals, unrelated or related by blood or marriage, residing in a dwelling unit.
Household Pet. A domesticated animal commonly maintained within a residence.
I
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Industrial Complex. Any group of three or more industrial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or single industrial use occupying at least 100,000 square feet of floor area.
In-ground Pool. See "Swimming pool".
J
Junior Accessory Dwelling Unit (JADU). A residential unit that is consistent with the following:
1. Is no more than 500 square feet in size;
2. Is contained entirely within an existing or proposed single-family structure;
3. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; and
4. Includes an efficiency kitchen.
Junk Yard. The use of a lot, or the use of any portion of a lot, for the dismantling of machinery or for the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking, or for the storage or keeping of junk, including scrap metals or other scrap materials.
K
Kennel. Any lot or premises on which four or more dogs or cats at least four months of age are boarded or trained.
Kitchen. A room in a building or dwelling unit that is used in the cooking or preparation of food.
L
Laboratory. An establishment providing analytical or testing services, including, but not limited to, chemical labs, dental-medical labs, optical labs, and labs conducting mechanical, electrical, physical, or environmental tests, as well as research and development.
Landscaping. The planting and maintenance of live trees, shrubs, ground cover, and lawn areas, including the installation of irrigation systems required by the provisions of this Zoning Code. "Landscaping" may include inorganic decorative materials of natural or man-made origin if used to accent or complement, but in no case imitate, the natural vegetation. Inorganic decorative materials used in landscaping may include rock, stone, wood, waterfall, fountains, pools, sculptures, benches, and architectural screens, walls, and fences.
Liquor Store. A business establishment having at least 50 percent of its gross floor area used for the sale of alcoholic beverages intended for off-site consumption.
Loading Space. An off-street space on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which has access from a street, alley, or other permanent means of ingress and egress.
Lodging House. A residence or dwelling, other than a hotel, wherein lodging and meals are provided to four or more persons for compensation, whether direct or indirect. In determining the number of persons lodging in a lodging house, all residents shall be counted, including an owner, agent or manger.
Lot. Real property with a separate and distinct number or other designation shown on a plat recorded in the Office of the County Recorder as a part of an approved subdivision, shall also mean (1) a parcel of real property when shown as a delineated parcel of land with a number of other designations on a plat recorded in the Office of the County Recorder of Riverside County; or (2) a parcel of land the dimensions or boundaries of which are defined by a record of survey recorded pursuant to the provisions of the Subdivision Map Act of the State of California in the Office of the County Recorder of Riverside County; (3) a parcel of real property not delineated as in (1) or (2) above, and containing not less than the prescribed minimum square footage required in the zone in which it is 503
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located and which abuts at least one public street, and alley or a private easement determined by the Commission to be adequate for purposes of access from a street; (4) a parcel of land registered under Land Title Law (Torrens Title) and held under separate ownership from adjacent property on the effective date of this Ordinance.
Lot, Area. The total area, measured in a horizontal plane, included within the lot lines of a lot or parcel of land.
Lot, Corner. A lot located at the intersection of two or more streets at an angle of not more than 135 degrees. If the angle is greater than 135 degrees, the lot shall be considered an interior lot.
Lot, Cul-de-sac. A lot fronting on, or with more than one-half of its lot frontage, on the turnaround end of a cul-de-sac street.
Lot, Depth. The horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.
Lot, Interior. A lot other than a corner or reverse corner lot.
Lot, Key. Any lot where the side property line abuts the rear property line of one or more lots, and where such lots are not separated by an alley or any public way.
Lot Line. Any line bounding a lot as defined in this section.
Lot Line, Exterior. A lot line abutting a street.
Lot Line, Front. On an interior lot, the front lot line of the property line abutting the street, except in those cases where the latest tract deed restrictions specify another line as the front lot line. On a corner or reversed corner lot, the front lot line is the shorter property line abutting a street. On a through lot, or a lot with three or more sides abutting a street, or a corner or reversed corner lot with lot lines of equal length, the Zoning Administrator shall determine which property line shall be the front lot line for purposes of compliance with the setback provisions of this Zoning Code.
Lot Line, Interior. A lot line not abutting a street.
Lot Line, Rear. A lot line not abutting a street that is opposite and most distant from the front lot line. For triangular lots where there is no rear lot line, the rear lot line shall be defined as the point at which the side lot lines intersect.
Lot Line, Side. Any lot line that is not classified as a front lot of line or rear lot line.
Lot Line, Zero. A lot line that does not have any side-yard setback.
Lot, Reverse Corner. A corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear.
Lot, Through. A lot having frontage on two parallel or approximately parallel streets. A through lot may have no rear lot line.
Lot; Width. The horizontal distance between the side lot lines measured at right angles to the lot depth line at a distance located midway between the front and rear lot lines.
Low Barrier Navigation Centers. Consistent with Government Code Section 65660, Housing First, low-barrier, service-enriched shelters focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
M
Main Building. A building that is designed, and used for, or intended to be used, to accommodate the principal use on the lot. In residential zones, any dwelling shall be considered the main building on the lot. 504
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Maintenance and Repair Services. An establishment providing household appliance repair, furniture repair, office machine repair, bicycle repair, or building maintenance services. This classification excludes maintenance and repair of motor vehicles, boats, or ships.
Mansard or Mansard Roof. A roof having two slopes on all sides with the lower slope steeper than the upper one.
Manufactured Housing. A mobile home, or manufactured housing unit, as defined by and installed in accordance with California Health and Safety Code Section 18008 and 18551, respectively, and factory-built housing as defined by California Health and Safety Code Section 19971.
Medical Clinic. Any facility providing physical or mental health service, and medical or surgical care of the sick or injured but shall not include inpatient or overnight accommodations. Activities included within this definition are health centers, health clinics, and doctors' offices.
Mini-storage, Mini-warehouse, Self-storage or Public-storage means an operation serving the public where customers rent or lease, or self-store and have direct access to, individual storage areas, compartments, or facilities rooms within a larger structure or structures provided for storage use. This use may also include limited caretaker facilities.
Mobile Home. A movable or transportable vehicle, other than a motor vehicle, intended for occupancy for one family, and having no foundation other than jacks, piers, wheels or skirtings. All mobile homes located on lots must be a minimum of 450 square feet, with a minimum of ten feet in width. All mobile homes must have a complete sanitary facility, including a lavatory, flush type toilet, tub or shower, and kitchen sink, all connected to sewage outlets in conformity with state, county and health requirements.
Mortuary. An establishment providing services such as preparing the deceased for burial, and arranging and managing funerals and related services, and may include limited caretaker facilities. This classification excludes cemeteries, crematoriums, and columbariums.
Motel. One or more buildings containing more than five completely furnished individual guest rooms with one or more such rooms or units having a separate entrance leading directly from the outside of the building or an inner court. Such facilities are designed, used, or intended to be used, rented or hired out as temporary or overnight accommodations for guests, and are offered primarily to automobile tourists or transients. Motels include auto courts, motor lodges, and tourist courts.
N
Nonconforming. A building and/or improvement, or portion thereof, which does not conform improvement to current Zoning Code regulations. Nonconforming use, any use of land or property that was lawfully established and in effect at the lawful or legal time this Zoning Code or any amendment became effective, but no longer complies with all of the applicable regulations and standards of the zone in which the use is located.
Nonconforming any structure or improvement that was lawfully established and in existence structure, lawful at the time this Zoning Code or any amendment became effective, but no or legal longer complies with all of the applicable regulations and standards of the zone in which the structure or improvement is located.
O
Offices. Administrative, clerical, or public contact offices of a government agency, government including postal facilities, together with incidental storage and maintenance of vehicles.
Offices, Medical. Offices or health facilities providing health services, including without limitation, preventative and rehabilitation treatment, diagnostic services, and testing and analysis, but excluding inpatient services and overnight accommodations. This classification includes without limitation offices providing medical, dental, surgical, rehabilitation, podiatric, optometric, chiropractic, and psychiatric services, and medical or dental laboratories incidental to such offices.
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Offices, Professional. Offices for firms or organizations providing professional, executive, management or administrative services, such as architectural, engineering, real estate, insurance, investment, or legal offices. This classification excludes savings and loan associations, banks, and medical offices.
Off-Street Parking Facility. A lot, or portion thereof, improved and used for the parking of vehicles, including, but not limited to, enclosed garages and parking structures, open parking areas, aisles, driveways, and appurtenant landscaped planters and their improvements.
Open Space, Useable (Useable Open Space). Open space upon the lot or parcel to which it is appurtenant, which can be used by inhabitants of the property for outdoor living, activity and/or recreation and may include landscaping. Each linear dimension of such space shall be a minimum of six feet. Balconies may be credited as "usable open space" provided they each have linear dimensions of a minimum of five feet. Enclosed recreation or multi-purpose activity rooms may be credited as "usable open space." All such areas shall be readily accessible to the inhabitants of the property. "Usable open space" does not include driveways, open or covered parking areas, utility space such as trash or garbage areas, or space occupied by the required front yard setback.
The computation of usable open space provided shall be as follows:
1. The following areas shall be computed at 1.25 times the area actually devoted to such use:
a. Private patios, when directly accessible to the dwelling unit to which it is appurtenant; such patios shall be completely enclosed on all sides by a fence which is a minimum of five feet in height;
b. Balconies and lanais, when directly accessible to the unit to which they are appurtenant; such balconies and lanais must have a minimum dimension of five feet; c. Swimming pool areas, including the hard surface deck, which normally surrounds such pools.
Deck area more than 25 feet from the edge of the pool will not be counted as open space under this; and
d. Recreation activity rooms, provided these rooms are permanently maintained for the use of tenants for various recreation activities. Such activity rooms shall not include lobbies, but may include common steam rooms, sauna baths, or the like.
2. All other areas meeting usable open space requirements shall be credited with the actual area (square feet) provided.
3. No area will be considered as usable open space if it has any dimension less than six feet except balconies.
Outdoor Advertising. The use of signs or other measures soliciting public support or directing public attention to the sale, lease, hire, or use of any objects, products, services, or functions which are not produced, sold, or otherwise available on the premises where such signs are erected or maintained.
Outdoor Living Space. Either an open passive landscaped area specifically designed, improved, and maintained to enhance the architectural design, privacy, and general environmental quality of a residential development or an easily accessible public or private activity area specifically designed, improved, and maintained for outdoor living and/or recreation by occupants of the residential development.
Outdoor Storage Use means establishments that engage primarily in the outdoor storage of goods, materials (except temporary storage of construction materials associated with an active building permit), machines, vehicles, trailers, and other equipment.
P
Parcel. A contiguous quantity of land owned by, or recorded as the property of, the same claimant or person. 506
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Parking Space. A space within an off-street parking facility that has the minimum attributes of size, location, and design specified in Article 21 (Parking requirements) of this Zoning Code.
Parks and Recreation Facilities. Uses that include, but are not limited to, land and interests in land; swimming pools; tennis, volleyball and basketball courts; baseball grounds; play areas; turf; sprinkler systems; community center buildings; recreation buildings; and other works, properties, structures, and facilities necessary or convenient for public park, playground, or recreation purposes.
Pawn Shop. A business establishment engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property.
Performance Art. A public building used for theatrical performances, concerts, recitals, and facilities similar entertainment. This classification excludes commercial cinemas or theaters.
Personal Convenience Service. A business establishment providing recurrently needed services of a personal nature. This classification includes, but is not limited to, barber and beauty shops, seamstresses, tailors, shoe repair shops, photocopying, retail dry cleaning establishments (excluding wholesale dry cleaning plants), self- service laundromats, and similar services. This classification excludes massage parlors, tattoo parlors, and/or skin piercing establishments.
Personal Improvement Service. A business establishment providing instructional services or facilities, including, but not limited to, photography, fine arts, crafts, dance or music studios, driving schools, modeling agencies, reducing salons, and health or physical fitness clubs. Incidental instructional services associated with a retail use shall be classified as "retail sales" rather than "personal improvement services." Planned Unit Development. The planning, construction, or implementation and operation of any use or structure, or a combination of uses and structures, on a single parcel of land based on a comprehensive and complete design or plan treating the entire complex of land, structures, and uses as a single project.
Plant Nursery. A site used to raise trees, shrubs, flowers, and other plants for sale or for transplanting, and where all merchandise (other than plants) is kept within an enclosed building or fully screened enclosure, and fertilizer of any type is stored and sold in package form only.
Porch. A permanent projection attached to the entrance of a building, which is has a roof but is not fully enclosed.
Pre-existing. In existence prior to the effective date of this Ordinance.
Public Building. A building owned and operated by a public agency for public use.
Public Safety Facility. A public facility providing public safety and emergency services, including police and fire protection, and associated support and training facilities.
Public Transit. A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
Public Utility Facility. A building or structure used by any public utility including, but not limited to, any gas treatment plant, reservoir, tank, or other storage facility, water treatment plant, well, reservoir, tank or other storage facility, electric generating plant, distribution or transmission substation, telephone switching or other communications plant, earth station or other receiving or transmission facility, any storage yard for public utility equipment or vehicles, and any parking lot for parking vehicles or automobiles to serve a public utility. The term "public utility" shall include every gas, electrical, telephone and water corporation serving the public or any portion thereof for which a certificate of public convenience and necessity has been issued by the State Public Utility Commission.
Q
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R
Recharging Stations. An area where equipment is provided to recharge an electric vehicle.
Recreational Facility. A publicly owned and operated recreational structure or building, such as a tennis court, swimming pool, multi-purpose community building, or similar use.
Recyclable Material. A reusable material, including, but not limited to, metals, glass, plastic, and paper, and which is intended for reuse, re-manufacture, or reconstitution for the purpose of using the altered form. "Recyclable material" shall not include refuse or hazardous materials. "Recyclable material" may include used motor oil collected and transported in accordance with Section 25250.11 and Section 25143.2(b)(4) of the State Health and Safety Code.
Recycling Facility. A center for the collection and/or processing of recyclable materials. "Certified recycling facility" or "certified processor" refers to a recycling facility certified by the State Department of Conservation as meeting the requirements of the State Beverage Container Recycling and Lifter Reduction Act of 1986. A recycling facility does not include storage containers or processing activities located on the premises of a residential, commercial, or manufacturing use, and used solely for the recycling of material generated by such residential property, business, or manufacturer.
Recycling, Collection Facility. A center for the acceptance of recyclable materials from the public by donation, redemption, or purchase.
Recycling, Processing Facility. A building or enclosed space used for the collection and processing of recyclable materials. "Processing" means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and re-manufacturing.
Renewable Energy. Energy sources that constantly renew themselves or are regarded as practically inexhaustible. Renewable energy includes energy derived from solar, wind, geothermal, hydroelectric, wood, biomass, tidal power, sea currents, and ocean thermal gradients.
Rental Units. A housing unit leased for the occupancy of a residential household.
Residence. One or more rooms designed, used, or intended to be used as permanent living quarters for a household, and not as temporary or overnight accommodations.
Residential Care Facility, Licensed. A residential care facility licensed or supervised by any federal, state, or local agency, which provides housing and nonmedical care for children, elderly persons, or physically and mentally handicapped persons in a family-like environment. These facilities include the following:
1. An intermediate care facility, developmentally disabled habilitative and intermediate care facility/developmentally disabled-nursing or a congregate living facility as identified in State of California Health and Safety Code section 1267.8;
2. A community care facility as identified in State of California Health and Safety Code section 1566.3;
3. A residential care facility for the elderly as identified in State of California Health and Safety Code section 1569.85;
4. An alcoholism or drug abuse recovery or treatment facility as identified in State of California Health and Safety Code section 11834.02;
5. A home for the care of mentally disordered or otherwise handicapped persons as identified in State of California Welfare and Institutions Code section 5116;
6. A home for the care of dependent and neglected children as identified in the State of California Welfare and Institutions Code section 300, but not including wards of the court as identified in the State of California Welfare and Institutions Code section 601ff. 508
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Rest Home. See "Convalescent home".
Restaurant, Sit Down. A business establishment that is maintained, operated, and/or advertised or held out to the public as a place where food and beverage are served to the public on demand from a menu during stated business hours, served in and on reusable containers and dinnerware, to be consumed on the premises primarily inside the building at tables, booths, or counters, with chairs, benches, or stools. This use may include incidental delivery service utilizing no more than two delivery vehicles.
Restaurant, Fast-Food. A business establishment that is maintained, operated, and/or advertised or held out to the public as a place where food and beverage are served to customers from a serving counter in disposable containers or wrappers and where food and meals are generally prepared in advance for immediate sale, and which may include inside seating, drive-through service, delivery service, and take-out/carry-out service.
Restaurant, Delivery. A place where orders for food and beverages may be placed in person or by telephone, facsimile, copier, or other off-site means of communication, from a limited menu, and which orders are delivered to a location directed by the customer.
Restaurant, Take-out. A business establishment that is maintained, operated, and/or advertised or held out to the public as a place where food and beverages are served in disposable containers or wrappers from a serving counter for consumption exclusively off the premises.
Retail Sales. A business establishment engaged in the retail sale of merchandise not specifically listed under another use classification as defined in this section. This classification includes, but is not limited to: department stores, clothing stores, furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, books, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, antiques, art supplies, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation). This classification excludes thrift shops and pawnshops.
Room. An unsubdivided portion of the interior of a dwelling, excluding bathrooms, kitchens, closets, hallways, and service porches.
S
School, Elementary, Junior High, and High. An institution of learning which offers instruct on in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California.
School, Private. An educational institution having a curriculum comparable to that required in the public schools of the State of California.
Secondary (or second) Unit. A detached dwelling unit that provides complete, independent living residential unit facilities for one or more persons. A secondary residential unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot on which the primary unit is situated.
Senior Housing. A housing development project in which 100 percent of the project rental units are intended to be occupied by persons who are 62 years of age or older, or married couples, of which one spouse is over 62 years of age.
Service Station. See "Vehicle, service station".
Setback. A required open space on an improved lot that is unoccupied by buildings and unobstructed by structures from the ground upward, except for projections and accessory buildings permitted by the provisions of this Zoning Code. Setbacks shall be measured as the shortest distance between a property line and the nearest vertical support or wall of the building, enclosed or covered porch, or other structure. 509
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Setback, Between. A required open space between separate buildings or between separate buildings or dwelling units on the same lot or building site. Such setback shall be setback between measured as the minimum distance between the nearest vertical support dwelling units or wall of each building or enclosed or covered porch.
Setback, Exterior Side. A side setback abutting a street.
Setback, Front. A setback extending across the full width of the front of the lot, the minimum and/or average dimensions of which are determined by the property development standard of the applicable zone in which such lot is located.
Setback, Rear. A setback extending across the full width of the rear of a lot, the minimum and/or average dimensions of which are determined by the property development standards of the applicable zone in which such lot is located.
Setback, Side. A setback extending from the required front setback to the required rear setback, or to the front and/or rear property lines where no front and/or rear setback is required by the provisions of this Zoning Code, the minimum and average dimensions of which are determined by the property development standards of the applicable zone in which such lot is located.
Sign. Any card, cloth, plastic, paper, metal or other material or painted character visible from outside of a structure for advertising purposes, mounted to the ground or any, tree, building, wall, bush, rock, fence or structure, whether privately or publicly owned. "Sign" means any graphic announcement, declaration, demonstration, display, illustration, insignia or object used to advertise or promote the interest of any person or business when the same is placed out-of-doors in view of the general public. This definition shall not include the display of. the American flag, flag of the State, county, public entity or City flag.
Sign, A-Frame. A freestanding sign usually hinged at the top or attached in a similar manner, and widening at the bottom to form a shape similar to the letter "A." Such signs are usually designed to be portable and are not considered to be permanent signs or displays.
Sign, Animated Signs. Signs designed to attract attention through movement or the semblance of movement of the whole or any part including, but not limited to, signs which swing, twirl, move back and forth or up and down; or signs which change color or shades of color; or any other method or device which suggests movement.
Animated signs do not include flags and banners, time and temperature signs.
Sign, Announcement or Bulletin Board Signs. Signs permanent in character designed to accept changeable copy, handbills, posters and matters of a similar nature.
Sign, Area of Sign. The area of a sign shall include the entire area within a series of rectangles whose outermost boarders are defined by the outermost extent of any writing, representation, emblem, figure, character or separate sign surface. When letters comprising a sign message are placed on a background or field which is different in color or materials from the architectural features of the building on which the sign is mounted, the sign area shall be calculated as the entire area comprising the overall sign feature. In the case of a two-sided sign, the area shall be computed as including only the maximum single display surface that is visible from any ground position at one time. The supports or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the sign. In the case of any cylindrical or spherical sign, the total area shall be computed on the total area of the surface of the sign.
Sign, Awning Sign. A sign painted or printed on the exterior surface of an awning. An alternative to a wall sign, permitted as same.
Sign, Balloon. One or more balloons used as a permanent or temporary sign or as a means of directing attention to any business or profession, or to a commodity or service sold, offered, or manufactured, or to any entertainment.
Sign, Banner. A fabric or fabric-like material on which an advertising message is painted or otherwise affixed. 510
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Sign, Billboard. A sign that directs attention to a business, profession, product, commodity or service offered on the site on which the sign is located.
Signs, Changeable Copy. Copy for temporary use which is changed at periodic intervals and which may be utilized on pylon, monument, wall, bulletin board or announcement signs.
Sign, Commercial Complex. Any group of three or more commercial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or large single commercial use occupying at least two and one-half acres with a minimum of 200 feet of street frontage.
Sign, Construction Signs. Signs stating the names of those individuals or businesses, such as architects, engineers, contractors, or owners directly connected with a construction project and/or the name of the project, the address of the business, and emergency telephone numbers.
Sign, Directional Signs. Signs which contain any of the following words: "Entrance", "enter", "out", "one-way" or other words, or words which contain nonflashing arrows or other characters indicating traffic direction.
Sign, Electronic Message Sign. A sign having the capability of presenting variable message displays, including time and temperature, by projecting an electronically controlled light pattern against a contrasting background and which can be programmed to change the message display periodically.
Sign, Flag. A device, generally made of flexible materials, usually cloth, paper or plastic, usually used as a symbol of a government, school, religion, etc. It may or may not contain any copy.
Sign, Flashing Signs. Lighted signs which in whole or in part disappear and reappear at periodic intervals, or are intermittently on and off, and which are placed so as to attract vehicular traffic with emphasis on the recurrence of lights as in those types generally referred to as "nervous" signs, arrows, stars, etc., and/or beacon signs.
Sign, Freestanding. A sign that is completely supported by structures or other supports that are placed on or anchored in the ground and are independent from any building or other structure.
Sign, Height of Signs. The distance from the average ground level immediately surrounding the base of the sign to the top of its highest element, including any structural or architectural element. Landscape mounding shall not be used to artificially increase the height of a sign.
Sign, Monument Signs. A sign with an overall height of six feet or less, standing directly on the ground or on a base of where supporting poles or structures, if any, are enclosed by decorative covers.
Sign, Nameplate. Signs naming the occupant of the premises, the business and/or address.
Sign, Off-site Signs. Any sign which advertises or informs in any manner businesses, services, goods, persons or events at some location other than that upon which the sign is located.
Sign, Painted Signs. Signs painted on the exterior surface of a building or structure. Painted signs do not Sign, Pennant. A device generally made of flexible materials, usually cloth, paper or plastic. A pennant may or may not contain any copy and is primarily intended to draw attention.
Sign, Pylon Sign. A sign with an overall height exceeding six feet and having one or more decorative supports permanently attached directly into or upon the ground.
Sign, Political Signs. Political signs are signs setting forth a political message with respect to an upcoming federal, State or local governmental election.
Sign, Portable Signs. Signs not designed to be attached to a building or anchored to the ground, including "A" boards, sandwich signs and signs attached to a fence/wall.
Sign, Poster Signs. Any sign attached to the ground in a manner approved by the building official, which may be visible from adjacent streets or highways.
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Sign, Projecting Signs. Signs including wall signs which are suspended from or supported by a building or wall and which project from said building or wall.
Sign, Real Estate Signs. All signs and sign structures relating to the sale, lease or other disposition of the real property on which the sign is located, and which are temporary in nature.
Sign, Revolving Signs. Signs, all or a portion of, which rotate in a constant, circular manner.
Sign, Roof Signs. Any sign supported by or attached to or projecting through the roof of a building or structure or projecting above the eave line or parapet wall of the building or structure.
Sign, Special Event Sign. A temporary sign, which advertises special events and activities such as grand openings, charitable events, Christmas trees, fireworks, or as specified by the Planning Director.
Sign Structure. The supports, uprights, bracings, guy rods, cables and other structural framework of a sign or outdoor display.
Sign, Temporary Signs. Signs erected for a temporary purpose not exceeding 45 days, including banners, pennant valances, streamers, balloon signs, inflated devices, search lights, beacons, costumed or live persons, moving stuffed animals, or advertising light or similar materials used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing, vehicle or other object.
Sign, Time and Temperature Sign. An electronically controlled sign with illuminated flippers or light bulbs for the sole purpose of displaying the time, and temperature (F. and/or C.) at intermittent intervals. Under Canopy Signs. A sign with a single or double face copy attached to the underside of a projecting canopy perpendicular to the building frontage.
Sign, Unofficial (Non-Regulatory) Signs. Signs located on public property (e.g., street or median island, parkway, sidewalk, traffic control sign posts, utility poles, park land, trees, etc.).
Sign, Vehicle Signs. Signs on or affixed to trucks, vans, automobiles, trailers, or other vehicles which advertise or provide direction to a use or activity not related to its lawful making of deliveries or sales of merchandise or rendering of service from such vehicles.
Sign, Wall Signs. Signs which are in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane parallel to the plane of the wall and which projects not more than 12 inches from the building or structure wall.
Sign, Window Signs. Signs painted, attached, glued or otherwise affixed to a window or otherwise easily visible from the exterior of the building.
Sign, Wall Murals. The decoration on the exterior surface of a structure with scenic, architectural or artistic paints which in themselves do not identify or advertise any product, service or business. A wall mural is a sign if it is related by language, logo or pictorial depiction to the advertisement of any product or service or the identification of any business.
Snack Shop. A business establishment that is maintained, operated, and/or advertised or held out to the public as serving snack foods, such as donuts, ice cream, yogurt, candy, cookies, bakery items, beverages, and similar items to be consumed either on the premises or off the premises.
Solid Fill. Any noncombustible materials insoluble in water, such as soil, rock, sand, or gravel, that can be used for grading land or filling depressions.
Spa, Non-Portable. See "Swimming pool".
Spa, Portable. A non-permanent structure intended for recreational bathing, in which all controls, water- heating, and water-circulating equipment are an integral part of the product and which is cord-connected (not permanently electrically wired).
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Story. "Story" as defined in the currently adopted and effective Uniform Building Code of the City.
Story-Half. A story with at least two of its opposite sides situated immediately under a sloping roof, with the floor area of said story not in excess of two-thirds of the floor area of the floor immediately below it.
Street. A public thoroughfare or right-of-way acquired for use as such, or an approved private thoroughfare or right-of-way, other than an alley, which affords the principal means of access to abutting property. "Street" shall include all major and secondary highways, traffic collector streets, and local streets.
Street, Center line. See "Center line".
Street Line. The boundary line between the street right-of-way and abutting property.
Street/Craft Fairs/Farmer's Market—Ongoing/reoccurring. Temporary event that regularly reoccurs (e.g. weekly Farmer's Market).
Structural Alteration. Any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floor joists, ceiling joints, or roof rafters.
Structure. Any physical improvement constructed or erected, including an edifice or building of any kind, or any piece of work artificially constructed or composed of parts jointed together in some definite manner, and which structure requires location on or in the ground or is attached to another improvement or in the ground, including fences, walls, swimming and wading pools, and patios.
Supportive Housing. Consistent with Health and Safety Code Section 50675.14, housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.
Swap Meet. Any indoor or outdoor place, location, or activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of individual licensed vendors, usually in compartmentalized spaces; and, where a fee may be charged to prospective buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise. The term "swap meet" is interchangeable with, and applicable to, flea markets, auctions, open air markets, farmer's markets, or other similarly named or labeled activities; but the term does not include the usual supermarket or department store retail operations.
Swimming Pool. Any structure intended for swimming, diving, or recreational bathing that contains water over 24 inches deep. This includes in-ground, above-ground, and on-ground swimming pools, hot tubs, and spas.
Swimming Pool, Indoor. A swimming pool which is totally contained within a residential structure and surrounded on all four sides by walls of said structure.
Swimming Pool, Outdoor. Any swimming pool which is not an indoor pool.
Structure Advertising. A structure existing, erected, or maintained to serve exclusively as a stand, frame, or background for the support or display of signs.
T
Tandem Parking. Two or more automobiles parked on a driveway or in any other location on a lot, lined up behind one another.
Target Population. Consistent with Health and Safety Code Section 50675.14, persons, including persons with disabilities, and families who are “homeless,” as that term is defined by Section 11302 of Title 42 of the United States Code, or who are “homeless youth,” as that term is defined by paragraph (2) of subdivision (e) of Section 12957 of the Government Code. Individuals and families currently residing in supportive housing meet the definition of “target population” if the individual or family was “homeless,” as that term is defined by Section 513
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11302 of Title 42 of the United States Code, when approved for tenancy in the supportive housing project in which they currently reside.
Target Unit. A dwelling unit within a housing development, reserved for sale or rent to, and affordable to, lower- or moderate-income households.
Thrift Shop. A business establishment primarily engaged in the sale of used clothing, household goods, furniture, or appliances. This classification does not include antique shops.
Tire. A rubber covering, typically inflated or surrounding an inflated inner tube, placed around a wheel to form a flexible contact with the road. May include new or used tires.
Tire Repair. The process of mending a hole, tear, fissure or blemish in a tire by including but not limited to grinding, gouging, applying adhesive or filling a hole or crevice with rubber.
Tire Store. An establishment where the sale, installation or storage of new or used or retread tires and tubes is conducted with or without other products or services. Tire store does not include a retreading establishment, collection, reduction or transfer of tires.
Townhouse. A single-family dwelling which visually appears to share one or more common walls with an adjacent single-family dwelling, but which, in fact, is structurally and functionally independent of any other single- family dwelling.
Trailer Coach. Any vehicle, with or without motor power, designed or used for human habitation and constructed to travel on the public thoroughfares in accordance with the provisions of the California State Vehicle Code.
Trailer Park. A site designed and equipped for the harboring, parking, or storing of one or mobile home park more trailers or mobile homes being used as living and/or sleeping quarters.
Trailer Site. That portion of a trailer park designated for use or occupancy of one trailer coach and including all appurtenant facilities.
Transfer Station. An area, including any necessary building or structures, for the temporary waste storage and the salvage of rubbish, garbage, or industrial waste. This definition also includes material recovery facilities.
Transit Stations and Facilities. Facilities for passenger transportation operations, such as rail (e.g., Metrolink) but does not include airports or heliports.
Transitional Housing. Consistent with Government Code Section 65582, buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.
Triplex. A structure containing three individual residential dwelling units.
Truck Yard or Truck Terminal means a type of outdoor storage use whereby an outdoor lot, lot area, or parcel of land used, is designed and maintained primarily for the purpose of storing, parking, dispatching, or keeping trucks, tractors, construction equipment and associated equipment together with or without facilities necessary to service, dispatch, store or maintain aforementioned vehicles, their cargos and crews. Also applies to a business engaged in the storage and distribution of goods having more than five heavy trucks (having a rating of more than 10,000 pounds and/or an unladen weight of more than 6,000 pounds) on the premises at any one time but excluding trucking accessory to another industrial use on the site.
U
Uniform Sign Program. All applications for approval of signs in a shopping center, commercial, industrial or office complex, a group of three or more businesses on a parcel or project site or for commercial recreation uses shall be submitted in the form of a construction, including connections and electrical plans, if any, and shall 514
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delineate the typical size, shape, design, material, coloring, lettering, lighting and position of the signage in relationship to the building form or place where it will be displayed. Scaled sketches of existing signs on the premises shall accompany the application.
Use. The purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied, utilized, or maintained.
V
Variance. A modification of a literal provision of this Zoning Code, granted by an administrative or quasi- judicial act in accordance with the provisions of this Zoning Code.
Vehicle. A business engaged in the washing, waxing, cleaning, and/or detailing of automobile washing automobiles or similar light vehicles.
Vehicle Body. A business establishment involved in the repairing, restoring, and/or painting and fender shop of the bodies of motor vehicles.
Vehicle Rentals. A business engaged in the sale, lease and/or rental of automobiles and light trucks (having a rating of less than 10,001 pounds, an unladen weight of less than 6,001 pounds, and equipped with an open box- type bed less than nine feet in length), including storage and incidental maintenance and repair.
Vehicle Repair Garage. Any site and improvements used for the repair and maintenance of automobiles, motorcycles, light trucks (having a rating of less than 10,001 pounds, an unladen weight of less than 6,001 pounds, and equipped with an open box-type bed less than nine feet in length), or other similar passenger vehicles licensed by the State Department of Motor Vehicles. This classification shall not include the repair or maintenance of motor homes or commercial vehicles as defined in Section 3-7.901 of this Zoning Code. "Motor vehicle repair garage" shall be construed broadly to include the place where the following types of commonly-known garage or shop activities occur: tune-up and muffler work, parts and tire sales and installation, wheel and brake work, engine and transmission overhaul, and installation of car alarms and car stereos. "Motor vehicle repair garage" shall not include automobile wrecking, dismantling, or salvage, motor vehicle body and fender shops, or tire retreading or recapping.
Vehicle, Service. A business establishment primarily engaged in the retail sale of vehicle fuel station and lubricants. This classification includes facilities having service bays for vehicle service and repair. Such service and repair may include the sale of tires, batteries, and other parts and products related to the operation of a motor vehicle; minor tune-up; lubrication and parts replacement; non-mechanical car-washing, polishing, and waxing; and other light work related to preventive maintenance and upkeep, but may not include maintenance and repair of large trucks or other large vehicles, or body and fender work on any vehicles.
Vehicle Towing/Storage. A business establishment providing towing and/or storage of operative or inoperative vehicles. This classification includes the storage of parking tow-aways, impound yards, and storage lots for buses and recreational vehicles, but does not include vehicle dismantling.
Visual Obstruction. Any physical obstruction which limits the visibility of persons in motor vehicles or pedestrians approaching intersecting or intercepting streets, alleys, driveways, or other public rights-of-way.
W
Wall or Fence. A structure forming a physical barrier, including, but not limited to, concrete, concrete block, wood, or other materials which are solid and are so assembled as to form a barrier.
Warehouse Retail. An off-price or wholesale retail/warehouse establishment exceeding 70,000 square feet of gross floor area and offering a full range of general merchandise to the public.
Warehouse Retail, Specialty. An off-price or wholesale retail/warehouse establishment exceeding 30,000 square feet of gross floor area and offering a limited range of merchandise, serving both wholesale and retail customers.
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Washroom. Any building, which contains individual laundry facilities and/or bathroom facilities but does not include kitchen facilities.
Wholesaling, Distribution and Storage. A business engaged in storage and distribution and having five or fewer heavy trucks (having a rating of more than 10,000 pounds and/or an unladen weight of more than 6,000 pounds) on the premises at any one time. Wholesaling establishments may include no more than ten percent or 1,000 square feet of floor area, whichever is less, for the incidental direct sale to consumers of only those goods distributed wholesale. This classification excludes "Mini-warehouses or self-storage facilities" and "Vehicle towing/storage."
Wholesale Dry-Cleaning Plant. A dry-cleaning establishment having at least 51 percent of its gross sales to licensed dry cleaners.
Wind Energy Conversion System. A machine and or equipment that creates electricity from wind energy.
X
Y
Yard. An open space on a lot or parcel of land, other than a court, unoccupied and unobstructed by a building from the ground upward.
Yard, Front. A yard extending across the full width of the lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the front lot line, where the front lot line is coterminous with the street line, and the front elevation of the structure located on the parcel.
Yard, Rear. A yard extending across the full width of the lot or parcel of land. The depth of a required rear yard shall be a specified horizontal distance between the rear lot line and a line parallel thereto on the lot or parcel of land.
Yard, Side. A yard extending from the required front yard, or the front lot line where no front yard is required, to the required rear yard or the rear lot line where no rear yard is required. The width of a required side yard shall be a specified horizontal distance between each side lot line and a line parallel thereto on the lot or parcel of land. Where a side yard is bounded by a street, the width of such required side yard shall be a specified horizontal distance between the side lot line on the street side, where said side lot line is coterminous with the street line of a fully-widened street or the ultimate street line of a partially-widened street, and a line parallel thereto on the lot or parcel of land.
Z
Zoning Map. The Official Zoning Map delineating the boundaries of zones within the City of Beaumont. ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020; Ord. No. 1137 , § 5(Exh. B), 8-3-2021; Ord. No. 1141 , § 6(Exh. B), 10-5- 2021; Ord. No. 1142 , § 5(Exh. B), 10-19-2021)
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City of Beaumont Accessory Dwelling Unit Ordinance
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Chapter 17.15 ACCESSORY DWELLING UNITS (ADUs) AND
JUNIOR ACCESSORY DWELLING UNITS (JADUs)
17.15.010. Purpose.
The purpose of this Chapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Government Code Sections 65852.2 and 65852.22.
17.15.020. Applicability.
A. This Chapter establishes standards for ADUs and JADUs where allowed by Sections
17.03.120 (Permitted uses for Base Zone Districts), 17.03.150 (Permitted uses for Overlay Zone Districts), and 17.19.120 (Permitted uses for Downtown Base Zone Districts).
B. Where this Chapter does not contain a particular standard or procedure, applicable standards and procedures in this Zoning Code shall apply unless otherwise stated.
C. An ADU or JADU that conforms to the development standards in this Chapter is deemed to be an accessory use and shall not count towards the overall density for the lot on which it is located.
17.15.030. Number of Unit Types Allowed.
A. Single-Family Dwellings. On lots with an existing or proposed single-family dwelling, up to one ADU and one JADU shall be allowed.
B. Multifamily Dwellings. On lots with existing or proposed attached multifamily dwellings, the following shall be allowed:
1. Up to two detached ADUs, provided each detached ADU is no more than 16 feet in height and has side and rear yard setbacks of at least four feet; and
2. Non-habitable portions of the existing main structure may be converted to an ADU(s) provided that the maximum number of such ADUs shall not exceed 25 percent of the number of multifamily units, and each ADU complies with Building Code standards.
17.15.040. Permit Process, Timing, and Fees.
A. Administrative Plot Plan Required. ADUs and JADUs shall require plot plan approval by the Community Development Director subject to the finding that the ADU or JADU complies with this Zoning Code and Government Code Sections 65852.2 and 65852.22 as applicable. A building permit shall also be required for construction of an ADU or JADU.
B. Ministerial Review Required.
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1. The City shall act on an application to create an ADU or JADU, either by approving the application or sending a notice of deficiency, within 60 days of receipt of a complete application. Such applications resubmitted in response to a notice of deficiency shall be approved or a notice of deficiency sent within 60 days.
2. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU shall be considered ministerially without discretionary review or a hearing.
C. Impact and Utility Fees. Prior to issuance of a building permit for an ADU or JADU, the applicant shall pay all applicable fees.
1. No impact fees shall be imposed on a JADU or an ADU less than 750 square feet in size.
2. Impact fees charged for ADUs greater than or equal to 750 square feet shall be charged proportionately in relation to the square footage of the primary unit (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).
3. For the purposes of this section, "impact fee" means a "fee" as defined in Government Code Section 66000(b) and a fee specified in Government Code Section 66477. Impact fees do not include any connection fee or capacity charge for water or sewer service.
4. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling shall be required.
5. Installation of a separate direct connection between an ADU or JADU contained within an existing structure and the utility shall not be required. ADUs not within an existing structure shall be required to install a new or separate utility connection and be charged a connection fee and/or capacity charge. These charges shall be proportionate to the burden imposed by the ADU on the water or sewer system based upon either its size or number of plumbing fixtures as determined by the City.
17.15.050. General ADU and JADU Requirements.
A. No Separate Conveyance. An ADU or JADU may be rented, but no ADU and JADU may be sold or otherwise conveyed separately from the primary dwelling unit, nor shall the lot containing the ADU or JADU be subdivided, unless the property was built or developed by a qualified nonprofit corporation and all provisions of Government Code Section 65852.26 are met.
B. Short-Term Rental Use Prohibited. No ADU or JADU may be rented for a term that is shorter than 30 days.
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C. No Minimum Parcel Size. No minimum parcel size shall be required to establish an ADU or JADU.
D. Minimum Unit Size. The minimum size of an ADU or JADU is 150 square feet ("efficiency unit" per Health and Safety Code Section 17958.1).
E. Entrances. The main entrance to an attached ADU or the exterior entry of a JADU may not be located on the front of the primary unit.
F. Second Story Units. New second-story windows in an ADU or JADU that are 25 feet or less from a property line shall incorporate at least one of the following:
1. The proposed second-story window of the ADU or JADU shall be positioned such that the window sill is at least five feet above finished floor; or
2. The proposed second-story window of the ADU or JADU shall utilize frosted or obscured glass in the glazing portion of the window (i.e., glass that is patterned or textured such that objects, shapes, and patterns beyond the glass are not easily distinguishable).
G. Colors and Materials. An ADU shall have matching colors and materials as the primary dwelling unit (i.e., use of the same wall and trim material or wall and trim material that visually appears the same as the primary dwelling unit, including color and texture).
H. Fire Sprinkler Requirements. ADUs and JADUs shall not be required to include fire sprinklers if they are not required for the primary residence.
I. Existing Nonconforming Conditions. An ADU or JADU shall not be required to correct a nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.
J. Rental Data. The owner of the lot on which an ADU or JADU is located will be requested to participate in the City’s monitoring program to determine rent levels of ADUs and JADUs for the City’s Regional Housing Needs Allocation reporting.
K. Deed Restriction. A deed restriction shall be recorded against the lot containing the ADU or JADU with the Riverside County recorder’s office prior to issuance of any certificate of occupancy for the ADU or JADU. The deed restriction shall run with the land and may be enforced against future property owners. Among other requirements, the deed restriction shall state that the ADU or JADU may not be transferred or sold separately from the primary dwelling. The form of the deed restriction shall be provided by the City.
L. ADU Removal. If an ADU or JADU is removed or converted to another use after a certificate of occupancy has been issued for the ADU or JADU, any deviations from development standards (e.g., setbacks, parking) or exemptions granted specific to the ADU or JADU use (e.g., reduced or exempt fees) shall be brought into compliance with the standards and regulations in effect at the time. Upon approval of the reversion request by the City, the deed restriction applicable to the ADU or JADU shall be rescinded from title. 519
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17.15.060. Additional Accessory Dwelling Unit (ADU) Standards A. Maximum Size. The maximum size of a detached or attached ADU is 850 square feet for a studio or one-bedroom unit and 1,200 square feet for an ADU with two or more bedrooms.
1. ADUs created from the conversion of existing space may exceed these size limits.
2. An addition of up to 150 square feet to accommodate ingress and egress for an ADU created from the conversion of an existing accessory structure shall be exempt from the maximize size standard.
B. Setbacks
1. Front setbacks shall be those established by the applicable zone district.
2. Minimum side and rear setbacks shall be four feet or the setback for the applicable zone district, whichever is less.
3. If a detached ADU would be constructed in the same location and to the same dimensions as an existing structure, the ADU may maintain the same setbacks as the existing structure.
C. Height. Height shall not exceed the height of the main unit or 16 feet, whichever is greater.
D. Parking.
1. One off-street parking space shall be provided for each ADU. The parking space may be provided as tandem parking and may be located in setbacks, but not in the front yard unless on the driveway.
2. When a garage, carport, or covered parking structure is demolished in conjunction with construction of an ADU or is converted to an ADU, those off-street parking spaces shall not be required to be replaced.
3. Parking for an ADU shall not be required in the following situations:
a. The ADU is located within one-half mile walking distance of public transit. b. The ADU is located within an architecturally and historically significant historic district.
c. The ADU is part of the proposed or existing primary residence or an existing accessory structure.
d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. When there is an established car share vehicle stop located within one block of the ADU.
E. Design.
1. A newly constructed detached ADU shall be located behind the street-facing façade of the primary unit.
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2. When a garage is converted to an ADU, the garage door shall be removed and replaced with either windows or a door (provided the door does not face the street if it is an attached ADU). Windows and doors shall be of the same size, proportion, and spacing as the primary dwelling unit.
3. A solid fence six feet in height or vegetative screening/plantings of species with a mature height of at least 10 feet shall be located or constructed along interior side and rear property lines adjacent to the ADU if the ADU is located less than 10 feet from respective property lines.
F. Other Standards. Lot coverage, open space, and floor area ratio limitations, where applicable, shall not preclude the development of an ADU of up to 800 square feet and 16 feet in height with a minimum of four-foot side and rear setbacks.
17.15.070. Additional Junior Accessory Dwelling Unit (JADU) Standards A. JADUs shall be subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property shall reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, this owner- occupancy requirement does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
B. JADUs shall have both interior access to the primary dwelling unit and an exterior door.
C. Parking shall not be required for a JADU.
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DEFINITIONS
17.14.030 Definitions (A through Z).
The following definitions will be added alphabetically to Section 17.14.030, Definitions (A through Z).
Accessory Dwelling Unit (ADU). An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code.
2. A manufactured home, as defined at Section 18007 of the California Health and Safety Code.
Accessory Structure. A structure that is accessory and incidental to a dwelling located on the same lot.
Efficiency Kitchen. A kitchen that includes the following:
1. A cooking facility with appliances that can run on standard 120 volt outlets or natural or propane gas;
2. A food preparation counter;
3. Storage cabinets that comply with minimum building code standards; and
4. May include a single basin sink with a maximum waste line diameter of 1.5 inches.
Junior Accessory Dwelling Unit (JADU). A residential unit that is consistent with the following:
1. Is no more than 500 square feet in size;
2. Is contained entirely within an existing or proposed single-family structure;
3. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; and
4. Includes an efficiency kitchen.
Public transit. A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
Tandem parking. Two or more automobiles parked on a driveway or in any other location on a lot, lined up behind one another.
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TITLE 17 - ZONING
Chapter 17.19 DOWNTOWN ZONE DISTRICTS
Beaumont, California, Code of Ordinances Created: 2022-05-02 10:29:21 [EST] (Supp. No. 6, Update 2)
Chapter 17.19 DOWNTOWN ZONE DISTRICTS
17.19.010 Purpose and authority.
The purpose of this Chapter 17.19 is to accomplish the following:
• To implement the Downtown Area Plan of the City of Beaumont General Plan and the Land Use Policy Map;
• To identify and describe the land use designations delineated on the City of Beaumont Official Zoning Map;
• To indicate the development standards for each of the Zone Districts; and • To identify the range of uses permitted within each Zone District. ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
17.19.020 Establishment of zone districts.
For the purpose of providing a uniform basis for this Zoning Ordinance, the following zone classifications may be applied to those parcels located within the City of Beaumont Downtown boundaries:
Downtown Mixed Use Zone (DMU Zone)
Beaumont Mixed Use Zone (BMU Zone)
Sixth Street Mixed Use Zone (SSMU Zone)
Sixth Street Mixed Use - Residential Zone (SSMU-R Zone) Local Commercial Zone (LC Zone)
Downtown Residential Multifamily Zone (DMF Zone)
Other zone classifications that apply to Downtown, which are governed by Chapter 17.03, are as follows:
Residential, Single Family Zone (R-SF Zone)
Residential, Traditional Neighborhood Zone (R-TN Zone)
Public Facilities Zone (P-F Zone)
( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
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17.19.030 Zoning map.
The location and boundaries of the various zones within Downtown are delineated on the zoning map of the City of Beaumont. Figure 17.19-1 illustrates the zone districts for Downtown. All property within the Downtown, public and private, is assigned a specific Zone designation and its location and extent is noted on the official zoning map. The use of all property must be in accordance with the Zoning designations delineated on the zoning map and pursuant to the provisions of this Zoning Code.
A. Use of Zoning Map and Classifications. The requirements that are applicable to each Zone classification is specifically set forth in subsequent articles of this ordinance.
B. Uncertainty in Cartography. Where uncertainty exists as to the boundaries of any zone, the following rules shall apply:
1. Cartography. Where boundaries are indicated as approximately following street lines, alley lines, or lot lines, such lines shall be construed to be such boundaries.
2. Easements and Rights-of-Way. Dedicated streets, alleys, freeways, or railroad rights-of-way shall be deemed to be unclassified.
3. Vacated or Abandoned Property. If any public street, alley or other right-of-way is vacated or abandoned, the land formerly in such street, alley or right-of-way shall be included within the Zoning of the adjoining property on each side.
4. Amendments to the Official Zoning Map. Changes in boundaries of Zones shall be made by ordinance (as described in Section 17.02). All amendments to the zoning map shall be noted on the Map with the date of the amendment and references to the amending ordinance.
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Figure 17.19-1. Downtown Zones
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17.19.040 Downtown Mixed Use Zone (DMU Zone).
The Downtown Mixed Use (DMU) Zone is intended to provide for a rich and diverse mixture of office, retail, commercial, civic, entertainment, and cultural activities in a lively, thriving, high-quality pedestrian environment which incorporates mixed use development. Active and retail uses are required along the Sixth Street (between California and Palm Avenues) and Beaumont Avenue (between 5th and 8th Street) street frontages to create a walkable, pedestrian-oriented and vibrant environment. This Zone is also intended to allow for residential uses on the upper floors (residential uses are not permitted on the first floor along Sixth Street and Beaumont Avenue to ensure that the Downtown character is maintained).
A. Downtown Mixed Use Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.19-1 of this Section.
B. Downtown Mixed Use Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.19-1 of this Section. Such uses require the approval of a conditional use permit.
C. Downtown Mixed Use Zone, Development Standards. The following standards shall apply to the Downtown Mixed Use Zone (DMU Zone):
1. Lot Area and Dimensions. No minimum requirement.
2. Setbacks and Yards. The following setback requirements are applicable to the Downtown Mixed Use Zone (DMU Zone):
a. Front Yard Setbacks. No front yard setback is required for commercial uses; five-foot maximum setback for residential development.
b. Rear Yard Setbacks. No rear yard setback is required, except when adjacent to single family residential use. The rear yard setback is 20 feet when adjacent to single family residential use.
c. Side Yard Setbacks. No side yard setback is required, except when adjacent to single family residential use. The side yard setback is 15 feet when adjacent to single family residential use.
d. Freeway Setbacks for Residential Uses. Residential uses shall have a minimum setback of 500 feet from Interstate 10.
3. Density. The maximum density shall be 15 units per acre.
4. Floor Area Requirements. The maximum permitted floor area ratio is 0.35. The floor area ratio standard applies to non-residential uses only.
5. Building Height. In the Downtown Mixed Use Zone (DMU Zone), the maximum height of any building shall not exceed 3 stories or 45 feet.
6. Step back from Adjacent Residential. New development when sited next to single-family uses shall step back upper floors (third and higher) an additional 15 feet to maintain solar access and privacy for adjacent single family residential uses. See Figure 17.19-2.
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Figure 17.19-2. Step Back from Adjacent Residential Uses
D. Downtown Mixed Use Zone, Off street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05.
E. Downtown Mixed Use, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply, except where they conflict with standards allowed in this Zone (e.g., no front yard setback).
F. Downtown Mixed Use Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply.
G. Accessory Dwelling Units. Accessory dwelling units are allowed consistent with the standards applicable to the DMU Zone and State law.
HG. Street Trees. A minimum of one tree shall be located along every 40 feet of street frontage. Street trees shall comply with applicable standards in Section 17.06.110 (Street trees).
IH. Adjacency to Interstate 10. The following standards apply to development that are within 500 feet of Interstate 10 as measured from its right-of-way:
1. Locate occupied open space areas (play areas, courtyards, patios, balconies, etc.) as far from the freeway as possible when the size of the site permits.
2. Prioritize the location of non-habitable uses, such as parking structures and building areas not calculated in floor area, nearest the freeway.
3. Screen the project site with substantial vegetation and/or a wall barrier.
4. Provide special noise mitigation for residential uses in this zoning district that are within 500 feet of Interstate 10.
JI. Supplemental Standards. These Supplemental Standards apply to development within DMU Zone:
1. Limitations on Location of Parking. Above ground parking shall not be located within 40 feet of a street facing property line unless the Director makes the following findings:
a. The site is small and/or constrained such that underground parking or surface parking located more than 40 feet from the street is not feasible; and 528
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b. The parking area located within 40 feet of the street is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06.
2. Building Transparency/Required Openings. Exterior walls facing and within 20 feet of a front or street side property line shall include windows, doors, or other openings for at least 50 percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk. Such walls may run in a continuous plane for no more than 30 feet without an opening. a. Design of openings. Openings fulfilling this requirement shall have transparent glazing and provide views into display areas, sales areas, work areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep. b. Exceptions. The following are exempt from this requirement:
1. Residential uses; and
2. Multi-level garages.
c. Reductions. This requirement may be reduced or waived if the Director makes the following findings:
1. The proposed use has unique operational characteristics with which providing the required transparency and openings is incompatible; and
2. Street-facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping to create visual interest at the pedestrian level.
Figure 17.19-3. Building Transparency/Required Openings Exhibit
3. Building Orientation. Building frontages shall be generally parallel to streets and pedestrian walkways.
4. Building Entrances. The primary building entrance shall face a public sidewalk. Buildings located in the interior of a site shall have the primary entrance face a pedestrian walkway that is connected to a public sidewalk.
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5. Wall Plane Modulation. All street-facing façades shall have at least one horizontal or vertical projection or recess at least two feet in width and depth, for every 50 horizontal feet of wall.
6. Pedestrian Access. On-site pedestrian circulation and access shall be provided consistent with the following standards.
a. Internal connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.
b. To circulation network. Regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes or trails shall be provided. An on- site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.
c. To neighbors. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.
d. To transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances.
e. Pedestrian walkway design.
1. Walkways shall be a minimum of six feet wide, shall be hard-surfaced, and paved with permeable materials. Walkway widths may be reduced to three feet wide for small lot development (Section 17.11.030.D).
2. Where a required walkway crosses a driveway, parking area, or loading area, it must be clearly identified using a raised crosswalk, a different paving material, or a similar method.
3. Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or another physical barrier.
7. Public Open Space Requirement. Developments with 50,000 square feet or more of non- residential floor area on sites of five acres or larger shall provide open space consistent with the following:
a. Forty square feet of open space shall be provided for every 1,000 square feet of nonresidential floor area for the first 100,000 square feet of non-residential floor area, plus 20 square feet of open space for every 1,000 square feet of non-residential floor area over 100,000 square feet.
b. Such open space shall be visible and accessible from a public street, or from on-site areas normally frequented by customers and shall be accessible during business hours. Areas within required setbacks may count towards the open space requirement. c. Such open space shall have a minimum dimension of 40 feet. d. Amenities shall be included that enhance the comfort, aesthetics, or usability of the space, including trees, landscaping, shade structures, seating (e.g., fixed seating, planter ledges, etc.), lighting, drinking fountains, public art, or performance areas. e. The surface of the open space shall allow for convenient outdoor activity, recreation, and/or gathering. Such surface may be plant or hardscape material, or a combination thereof.
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8. Additional standards listed in Section 17.03.065.IJ apply to multiple family developments, multiple family residential components of mixed-use developments, and attached single unit developments, in the DMU Zone.
( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
17.19.050 Beaumont Mixed Use Zone (BMU Zone).
The Beaumont Mixed Use Zone is intended to facilitate Beaumont Avenue corridor's transition to a mixed- use district with a mix of professional office, limited commercial uses and residential uses that are compatible with the abutting single-family residences to the east and west. Development is intended to be less intense than the DMU zoning district in keeping with the scale of surrounding development.
A. Beaumont Mixed Use Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.19-1 of this Section.
B. Beaumont Mixed Use Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.19-1 of this Section. Such uses require the approval of a conditional use permit.
C. Beaumont Mixed Use Zone, Development Standards. The following standards shall apply to the Beaumont Mixed Use Zone (BMU Zone):
1. Lot Area and Dimensions. No minimum lot size required.
2. Setbacks and Yards. The following setback requirements are applicable to the Beaumont Mixed Use Zone (BMU Zone):
a. Front Yard Setbacks. The minimum front yard setback is 5 feet and the maximum front yard setback is 20 feet. In no event shall a residence be situated in such a manner as to result in a distance of less than 20 feet between the back of a sidewalk and the face of a garage door.
b. Rear Yard Setbacks. The minimum rear yard setback is 10 feet, except when adjacent to a single family residential use. The rear yard setback is 20 feet when adjacent to single family residential use.
c. Side Yard Setbacks. The minimum side yard setback is 5 feet, except when adjacent to single family residential use. The side yard setback is 15 feet when adjacent to single family residential use.
3. Density. The maximum density shall be 10 units per acre.
4. Floor Area Requirements. The maximum permitted floor area ratio is 0.35. The floor area ratio standard applies to non-residential uses only.
5. Building Height. In the Beaumont Mixed Use Zone (BMU Zone), the maximum height of any building shall not exceed 2 stories or 35 feet.
D. Beaumont Mixed Use Zone, Off street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05.
E. Beaumont Mixed Use, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply, except where they conflict with standards allowed in this Zone.
F. Beaumont Mixed Use Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply. 531
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G. Accessory Dwelling Units. Accessory dwelling units are allowed consistent with the standards applicable to the BMU Zone and State law.
HG. Street Trees. A minimum of one tree shall be located along every 40 feet of street frontage. Street trees shall comply with applicable standards in Section 17.06.110 (Street trees). ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
17.19.060 Sixth Street Mixed Use Zone (SSMU Zone).
The Sixth Street Mixed Use Zone is intended to provide for commercial and multifamily residential uses along Sixth Street, east of Palm Avenue either as stand alone or in a mixed use setting. The permitted uses and development standards are intended to be conducive to a compact, mixed use, and walkable environment and supportive of the Downtown retail environment west of Palm Avenue.
A. Sixth Street Mixed Use Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.19-1 of this Section.
B. Sixth Street Mixed Use Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.19-1 of this Section. Such uses require the approval of a conditional use permit.
C. Sixth Street Mixed Use Zone, Development Standards. The following standards shall apply to the Sixth Street Mixed Use Zone (SSMU Zone):
1. Lot Area and Dimensions. Lot sizes for the Sixth Street Mixed Use Zone (SSMU Zone) shall not be less than 10,000 square feet with a minimum average lot depth of 100 feet and a minimum average lot width of 80 feet.
2. Setbacks and Yards. The following setback requirements are applicable to the Sixth Street Mixed Use Zone (SSMU Zone):
a. Front Yard Setbacks. The minimum front yard setback is 5 feet and the maximum front yard setback is 10 feet.
b. Rear Yard Setbacks. The minimum rear yard setback is 10 feet, except when adjacent to a single family residential use. The rear yard setback is 20 feet when adjacent to single family residential use.
c. Side Yard Setbacks. The minimum side yard setback is 5 feet, except when adjacent to single family residential use. The side yard setback is 15 feet when adjacent to single family residential use.
d. Freeway Setbacks for Residential Uses. Residential uses shall have a minimum setback of 500 feet from Interstate 10.
3. Density. The maximum density shall be 22 units per acre.
4. Floor Area Requirements. The maximum permitted floor area ratio is 0.5. The floor area ratio standard applies to non-residential uses only.
5. Building Height. In the Sixth Street Mixed Use Zone (SSMU Zone), the maximum height of any building shall not exceed 4 stories or 60 feet, except as noted below.
6. Step back from Adjacent Residential. New development when sited next to single-family uses shall step back upper floors (third and higher) an additional 15 feet to maintain solar access and privacy for adjacent single family residential uses. See Figure 17.19-2. 532
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D. Sixth Street Mixed Use Zone, Off street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05.
E. Sixth Street Mixed Use, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply, except where they conflict with standards allowed in this Zone (e.g., no front yard setback).
F. Sixth Street Mixed Use Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply.
G. Accessory Dwelling Units. Accessory dwelling units are allowed consistent with the standards applicable to the SSMU Zone and State law.
HG. Street Trees. A minimum of one tree shall be located along every 40 feet of street frontage. Street trees shall comply with applicable standards in Section 17.06.110 (Street trees).
IH. Adjacency to Interstate 10. The following standards apply to development that are within 500 feet of Interstate 10 as measured from its right-of-way:
1. Locate occupied open space areas (play areas, courtyards, patios, balconies, etc.) as far from the freeway as possible when the size of the site permits.
2. Prioritize the location of non-habitable uses, such as parking structures and building areas not calculated in floor area, nearest the freeway.
3. Screen the project site with substantial vegetation and/or a wall barrier.
4. Provide special noise mitigation for residential uses in this zoning district that are within 500 feet of Interstate 10.
JI. Supplemental Standards. Additional standards listed in Section 17.19.040.IJ apply in the SSMU Zone. ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
17.19.070 Sixth Street Mixed Use—Residential Zone (SSMU-R Zone).
The Sixth Street Mixed Use—Residential Zone (SSMU-R Zone) is intended to provide for multifamily residential and commercial uses along the north side of Sixth Street, east of Palm Avenue. Multifamily residential uses are required, either as stand alone or in a mixed use setting. The permitted uses and development standards are intended to be conducive to a compact, mixed use, and walkable environment and supportive of the Downtown retail environment west of Palm Avenue.
A. Sixth Street Mixed Use—Residential Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.19-1 of this Section.
B. Sixth Street Use—Residential Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.19-1 of this Section. Such uses require the approval of a conditional use permit.
C. Sixth Street Mixed Use—Residential Zone, Development Standards. The following standards shall apply to the Sixth Street Mixed Use—Residential Zone (SSMU-R Zone):
1. Lot Area and Dimensions. Lot sizes for the Sixth Street Mixed Use—Residential Zone (SSMU-R Zone) shall not be less than 10,000 square feet with a minimum average lot depth of 100 feet and a minimum average lot width of 80 feet.
2. Setbacks and Yards. The following setback requirements are applicable to the Sixth Street Mixed Use—Residential Zone (SSMU-R Zone):
a. Front Yard Setbacks. The minimum front yard setback is 5 feet and the maximum front yard setback is 10 feet.
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b. Rear Yard Setbacks. The minimum rear yard setback is 10 feet, except when adjacent to a single family residential use. The rear yard setback is 20 feet when adjacent to single family residential use.
c. Side Yard Setbacks. The minimum side yard setback is 5 feet, except when adjacent to single family residential use. The side yard setback is 15 feet when adjacent to single family residential use.
3. Density. The maximum density shall be 22 units per acre.
4. Floor Area Requirements. The maximum permitted floor area ratio is 0.5. The floor area ratio standard applies to non-residential uses only.
5. Building Height. In the Sixth Street Mixed Use—Residential Zone (SSMU-R Zone), the maximum height of any building shall not exceed 4 stories or 60 feet.
6. Step back from Adjacent Residential. New development when sited next to single-family uses shall step back upper floors (third and higher) an additional 15 feet to maintain solar access and privacy for adjacent single family residential uses. See Figure 17.19-2.
D. Sixth Street Mixed Use—Residential Zone, Off street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05.
E. Sixth Street Mixed Use—Residential Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply, except where they conflict with standards allowed in this Zone (e.g., no front yard setback).
F. Sixth Street Mixed Use—Residential Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply.
G. Accessory Dwelling Units. Accessory dwelling units are allowed consistent with the standards applicable to the SSMU-R Zone and State law.
HG. Street Trees. A minimum of one tree shall be located along every 40 feet of street frontage. Street trees shall comply with applicable standards in Section 17.06.110 (Street trees).
IH. Supplemental Standards. Additional standards listed in Section 17.19.040.JI apply in the SSMU Zone. ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
17.19.080 Downtown Residential Multifamily Zone (DMF Zone).
The Downtown Residential Multifamily Zone (DMF Zone) is intended to encourage walkable, transit ready residential development in the proximity to Downtown, and to facilitate further development of this land use type.
This includes higher density housing that includes condominiums, townhomes, duplexes, patio apartments, senior housing and supporting ancillary facilities.
A. Downtown Residential Multifamily Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.19-1 of this Section.
B. Downtown Residential Multifamily Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.19-1 of this Section. Such uses require the approval of a conditional use permit.
C. Downtown Residential Multifamily Zone, Development Standards. The following standards shall apply to the Downtown Residential Multifamily Zone (DMF Zone):
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1. Lot Area and Dimensions. Lot sizes for the Downtown Residential Multifamily Zone (DMF Zone) shall not be less than 6,000 square feet with an average lot width of 60 feet and a minimum average lot depth of 100 feet. Smaller lots may be allowed consistent with 17.11.030.D (Small Lot Development).
2. Setbacks and Yards. The following setback requirements are applicable to the Downtown Residential Multifamily Zone (DMF Zone):
a. Front Yard Setbacks.
1. The minimum front yard setback is 10 feet.
2. The maximum front yard setback is 20 feet. The maximum setback requirement may be waived if the Director finds:
a. Common plazas, courtyards, or outdoor amenity areas are located between the street and the building(s);
b. The building(s) incorporates an entrance design that creates a welcoming entry feature facing the street; or
c. A larger area is required to preserve existing mature trees or natural features.
b. Rear Yard Setbacks. The minimum rear yard setback is 15 feet, except a minimum rear yard setback of 20 feet is required when adjacent to a single family residential use. c. Side Yard Setbacks.
1. The minimum interior side yard setback is five feet, except corner lots shall have a minimum street side yard setback of 10 feet. The minimum interior side yard setback is increased to 15 feet if adjacent to a single family residential use and to 20 feet for a three-story building.
2. The maximum street side yard setback is 20 feet. The maximum setback requirement may be waived if the Director makes the findings listed in subparagraph 17.19.080.C.2.a.2.
3. Building Placement Requirements.
a. Building façade(s) shall extend a minimum of 65 percent of the street frontage for the area between the minimum and maximum front yard setbacks. For example, if a lot is 100 feet wide, 65 linear feet of the lot parallel to the street must be occupied by a building(s) that adheres to the maximum setback requirement.
b. In the area between the minimum and maximum street side yard setback, 50 percent of the linear distance parallel to the street shall be occupied by a building façade(s).
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Figure 17.19-4. Building Placement Requirements, DMF Zone
4. Density. The density shall not exceed 22 units per acre.
5. Useable Yard Area (Open Space) Requirements. The following minimum useable open space standards are applicable to development within the Downtown Residential Multifamily Zone (DMF Zone):
a. For multifamily developments of fewer than 20 units, each unit shall have a minimum of 100 square feet of usable open space.
b. For multifamily developments of 20 or more units, each unit shall have a minimum of 200 square feet of usable open space.
c. The definition of useable open space and the method of computation is provided in Chapter 17.14 (see "Open Space, Useable").
6. Building Height. In the Downtown Residential Multifamily Zone (DMF Zone), the maximum height of any building shall not exceed 35 feet.
7. Step back from Adjacent Residential. New development when sited next to single-family uses shall step back upper floors (third and higher) an additional 15 feet to maintain solar access and privacy for adjacent single family residential uses. See Figure 17.19-2.
D. Downtown Residential Multifamily Zone, Off street Parking.
1. Parking shall not be located in the front setback unless the Director makes the following findings:
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a. Buildings comply with the maximum front setback requirement; b. The parking area located within the front setback is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06; and c. Requirements in Chapter 17.05 are complied with.
2. Automobile storage space shall be provided as indicated in Chapter 17.05.
E. Downtown Residential Multifamily Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply.
F. Downtown Residential Multifamily Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply.
G. Accessory Dwelling Units. Accessory dwelling units are allowed consistent with the standards applicable to the DMF Zone and State law.
HG. Street Trees. A minimum of one tree shall be located along every 40 feet of street frontage. Street trees shall comply with applicable standards in Section 17.06.110 (Street trees).
IH. Supplemental Multiple Family Development Standards. Additional standards listed in Section
17.03.065.JI apply to multiple family developments, multiple family residential components of mixed- use developments, and attached single unit developments, in the DMF Zone. ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
17.19.090 Local Commercial Zone (LC Zone).
The Local Commercial Zone (LC Zone) is intended to permit development that provides for a range of commercial service and retail land uses that are in proximity to residential neighborhoods consistent with the General Plan.
A. Local Commercial Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.19-1 of this Section.
B. Local Commercial Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.19-1 of this Section. Such uses require the approval of a conditional use permit.
C. Local Commercial Zone, Development Standards. The following standards shall apply to the Local Commercial Zone (LC Zone):
1. Lot Area and Dimension. Lots sizes for the Local Commercial Zone (LC Zone) shall not be less than 10,000 square feet with a minimum average lot depth of 100 feet and a minimum average lot width of 100 feet.
2. Setbacks and Yards. The following setback requirements are applicable to the Local Commercial Zone (LC Zone):
a. Front Yard Setbacks. The minimum front yard setback is 5 feet. b. Rear Yard Setbacks. No rear yard setback is required, except when adjacent to single family residential use. The rear yard setback is 20 feet when adjacent to single family residential use.
c. Side Yard Setbacks. No side yard setback is required, except when adjacent to single family residential use. The side yard setback is 15 feet when adjacent to single family residential use.
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3. Lot Area Requirements. The area occupied by all structures shall not exceed 50 percent of the lot area and the maximum permitted floor area ratio is 0.7.
4. Building Height. In the Local Commercial Zone (LC Zone), the maximum height of any building shall not exceed 60 feet.
D. Local Commercial Zone, Off street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05.
E. Local Commercial Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply.
F. Local Commercial Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply.
G. Supplemental Standards.
1. Limitations on Location of Parking. Above ground parking shall not be located within 40 feet of a street facing property line unless the Director makes the following findings:
a. The site is small and/or constrained such that underground parking or surface parking located more than 40 feet from the street is not feasible; or b. The design incorporates habitable space built close to the public sidewalk; and c. The parking area located within 40 feet of the street is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06.
2. Building Transparency/Required Openings. Exterior walls facing and within 20 feet of a front or street side property line shall include windows, doors, or other openings for at least 50 percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk. Such walls may run in a continuous plane for no more than 30 feet without an opening. (Figure 17.19-3).
a. Design of openings. Openings fulfilling this requirement shall have transparent glazing and provide views into display areas, sales areas, work areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep. b. Exceptions for parking garages. Multi-level garages are exempt from this requirement. c. Reductions. This requirement may be reduced or waived if the Director makes the following findings:
1. The proposed use has unique operational characteristics with which providing the required transparency and openings is incompatible; and
2. Street-facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping to create visual interest at the pedestrian level.
3. Building Orientation. Building frontages shall be generally parallel to streets and pedestrian walkways.
4. Building Entrances. The primary building entrance shall face a public sidewalk. Buildings located in the interior of a site shall have the primary entrance face a pedestrian walkway that is connected to a public sidewalk.
5. Wall Plane Modulation. All street-facing façades shall have at least one horizontal or vertical projection or recess at least two feet in depth, for every 50 horizontal feet of wall.
6. Pedestrian Access. On-site pedestrian circulation and access shall be provided consistent with the following standards.
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a. Internal connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.
b. To circulation network. Regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes or trails shall be provided. An on- site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.
c. To neighbors. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.
d. To transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances.
e. Pedestrian walkway design.
1. Walkways shall be a minimum of six feet wide, shall be hard-surfaced, and paved with permeable materials.
2. Where a required walkway crosses a driveway, parking area, or loading area, it must be clearly identified using a raised crosswalk, a different paving material, or a similar method.
3. Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or another physical barrier.
7. Public Open Space Requirement. Developments with 50,000 square feet or more of non- residential floor area on sites of two acres or larger shall provide open space consistent with the following:
a. Forty square feet of open space shall be provided for every 1,000 square feet of nonresidential floor area for the first 100,000 square feet of non-residential floor area, plus 20 square feet of open space for every 1,000 square feet of non-residential floor area over 100,000 square feet.
b. Such open space shall be visible and accessible from a public street, or from on-site areas normally frequented by customers and shall be accessible during business hours. Areas within required setbacks may count towards the open space requirement. c. Such open space shall have a minimum dimension of 40 feet. d. Amenities shall be included that enhance the comfort, aesthetics, or usability of the space, including trees, landscaping, shade structures, seating (e.g., fixed seating, planter ledges, etc.), lighting, drinking fountains, public art, or performance areas. e. The surface of the open space shall allow for convenient outdoor activity, recreation, and/or gathering. Such surface may be plant or hardscape material, or a combination thereof.
( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
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17.19.120 Permitted uses for Downtown Base Zone Districts.
The permitted uses for the Base Zone Districts (identified in Section 17.19.040 through 17.19.090) are listed in Table 17.19-1.
Table 17.19-1
Permitted Land Uses for Base Zone Districts in Downtown
DMU BMU SSMU SSMU-R LC DMF
Administrative Professional Services
Administrative/Professional Offices P1 P P P P N
Advertising Agencies P1 P P P P N
Architectural/Engineering/Design Services P1 P P P P N Attorney/Legal Services P1 P P P P N
Business Management Services P1, 2 P P P P N
Government Offices and Facilities P1, 2 P3 P P P N Travel Agencies P P P P P N
Alcohol Service and Sales
Bars or Cocktail Lounges4 C N C C C N
Liquor Stores4, 5 C C C C C N
Restaurants with Alcoholic Beverage Sales C C C6 C6 C6 N Automotive Services
Automobile, Motorcycle, Truck, and
Marine Craft Sales (New and Used)
N N P C6 P N
Automobile Parking Facilities C N C N P N
Automobile Rental Agencies N N C6 N P N
Automobile Repair Facilities N N C6 N C N
Body and Paint Shops N N N N C N
Car Wash N N C N C N
Gas/Service Stations N N C6 C6 C N
Limousine Services N N C N P N
Recharging Stations Allowed (P) in any area designed for the parking or loading of vehicles.
Tire Repair N N N N P N
Tire Store N N N N P N
Towing Services—With Indoor Vehicle
Service
N N N N C N
Towing Services—With Outdoor Vehicle
Storage
N N N N C N
Truck/Trailer Rentals N N N N C N
Communications Facilities
Wireless Telecommunication Facility—
Stealth
N N C N C N
Radio and Television Broadcasting Studios N N P1, 7 P1, 7 P N Recording and Sound Studios C1, 7 C1, 3 P1, 7 P1, 7 P N Satellite Dishes (Non-Private) P P P P P N
Satellite Dishes (Private Use) P P P P P P
Ham Radio Antennae (Private Use) P P P P P P
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Day Care Facilities
Commercial Day Care Facilities (not in-
home)
N P P P C N
Day Care Centers, In Home—Small Family
with 1 to 6 Children (as an accessory use in
a residential unit)
P1 P P P P P
Day Care Centers, In Home—Large Family
with 7 to 12 Children (as an accessory use
in a residential unit)
C1 C C C C C
Educational Establishments
Elementary, Junior, and High
Schools/Private & Charter
C2 C C C C C
Elementary, Junior, and High
Schools/Public
C2 C P C C C
Colleges or University P2 N P1, 6 N P N
Tutoring & Testing P1, 7 P3 P7 P7 P N
Vocational and Trade Schools C1, 7 C1, 3 N N P N
Food and Beverage Sales
Bakeries P7 P3 P7 N P N
Catering Businesses P P3 P P P N
Convenience Markets P P3 P P P N
Grocery Stores/Supermarkets P P3 P P P N
Grocery Stores, Alcohol Sales P N P C P N
General Merchandise and Trade
Antique Sales P7 P3 P7 P P N
Appliances Sales P7 P3 P7 N P N
Art Galleries, Studios and Supplies P P3 P P P N
Beauty Supplies P P3 P P P N
Book and Magazine Sales P P3 P P P N
Building Materials with outdoor
sales/storage
N N N N C N
Camera and Photographic Supplies P P3 P P P N
Candy Stores P P3 P P P N
Cigar/Cigarette Shops4 P P3 P P P N
Clothing Stores P P3 P P P N
Department Stores P8, 9 N P P P N
Discount Stores N N N N P N
Electronic Equipment Sales P P3 P P P N
Equipment Sales and Rentals (indoor
storage only)
N N P N P N
Equipment Sales and Rentals (outdoor
storage)
N N C N C N
Florists P P3 P P P N
Freight Forwarding Services N N N N P N
Furniture and Home Furnishings P N C C P N
Garden Supply P7 P3 P7 P7 P N
Gifts, Crafts, and Novelties P P P P P N
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Guns and Ammunition C N C N P N
Hardware Stores P7 P3 P7 P7 P N
Hobby, Toy and Game Stores P P3 P P P N
Indoor Swap Meets N N C5 C5 C N
Jewelry Sales and Repair P P P P P N
Leather Goods P P P P P N
Luggage Sales P P P P P N
Office Equipment, Furniture and Supplies
Sales
P7 P3 P7 P7 P N
Pet Sales and Supplies P7 N P7 P7 P N
Records, Tapes, and Videos P7 P3 P P P N
Retail, Other Specialty P7 P3 P P P N
Sporting Goods and Equipment P7 P3 P7 P7 P N
Surplus Stores P7 P3 P P P N
Thrift and Second-Hand Stores with
donation drop off
C C C C C N
Thrift and Second-Hand Stores without
donation drop off
P7 P3 P7 P7 P7 N
Variety Stores P7 P3 P7 P7 P N
Wholesale Establishments N N C C P N
Lodging
Bed and Breakfast Facilities P1 C C C P C
Emergency Shelters N N C C P N
Hotels and Motels P1 N P P P N
Low Barrier Navigation Centers P P P P N P
Residence Inns P1 N P P P N
Single-Room Occupant (SRO) Facilities P1 C P P N N Supportive Housing P1 P P P C P
Trailer Parks and Campsites N N N N N N
Transitional Housing P1 C P P P N C N P
Medical/Health Care
Ambulance Services N N N N P N
Animal Hospitals/Veterinaries P2, 7, 9 N P P P N
Clinics P P P P P N
Convalescent Homes N N C C P N
Chemical Dependency Clinics N N N N C N
Hospitals N N N N P N
Medical/Dental Offices P1 P P P P N
Pharmacies P7 P3 P P7 P N
Pharmacies with Drive-Through N N C C P N
Personal Services
Banking, Credit Unions, Financial Services P P3 P P P N Barbers and Beauty Parlors P P P P P N
Check Cashing Services P N P P P N
Commercial Pet Grooming Services P N P N P N
Dry Cleaners P P P P P N
Funeral Parlors, Mortuaries C2 N N C P N
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Laundries, Laundromats N N C C6 P N
Locksmith and Key Shops P P P P P N
Massage Establishments P1 P P P P N
Pawnbrokers C N C C C N
Photocopying and Photo Developing
Services
P7 P3 P7 P7 P N
Photography Studios P P P P P N
Shoe Repair Shops P P P P P N
Tailors P P P P P N
Tattoo/Body Piercing Services N N C C C N
Public and Quasi-Public Uses
Community Recreation Centers P C P P P P
Cultural Facilities P C P P P N
Libraries P P P P P N
Museums P C C C P N
Parks P P P P P P
Public Safety Facilities P P P P P P
Senior Citizen Activity Centers P P P P P P
Recreation and Entertainment
Adult-Oriented Businesses N N N N N N
Amusement Parks N N N N N N
Athletic Fields N N N N N N
Batting Cages, Indoor C2, 8 N C C6, 8 C N
Batting Cages, Outdoor N N N N C N
Billiard and Pool Halls C N C N C N
Bowling Alleys C2 N C C P N
Commercial Sports Facilities N N C C C N
Dance Studios C N C N C N
Golf Driving Ranges N N N N N N
Health Clubs and Gymnasiums C7 C3 C6, 7 C6, 7 C N Miniature Golf Courses N N N N C N
Off-Road Mini-Bike and Motocross Courses N N N N N N Public Auditorium/Auditoriums C N C C C N
Shooting Ranges (indoor) N N C N N N
Skating Rinks N N C C P N
Video Arcades C C N N C N
Recycling
Collection Facilities N N N N C N
Processing Facilities N N N N C N
Religious Institutions
Churches C C P P C C
Monasteries, Convents, or Similar Religious
Quarters
C C P P C C
Repair Services
Electrical and Household Appliances Repair N N C C P N Furniture Refinishing N N N N P N
Furniture Reupholstering N N N N P N
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Lawnmower Repair/Sales Shops N N C N P N
Machine Shops N N N N C N
Welding Shops N N N N C N
Residential Uses
Accessory Guest Houses P P P P N P
Accessory Dwelling Units See Chapter 17.15.P
P
P
P
N
P
Boarding or Rooming Houses C N C C N C
Caretaker's Unit P P P P P P
Congregate Care Facilities N N C C P C
Day Care Centers, Small Family—1 to 8
Children
P1 P P P N P
Day Care Centers, Large Family—7 to 14
Children
P1 P P P N P
Duplexes P P P P N P
Employee/Farmworker Housing (6 or
Fewer Persons)
N P N N N P
Group or Community Care Facilities—6 or
fewer persons
P1 P P P P P
Group or Community Care Facilities—7 or
more persons
C1 P1 C C P C P C C P
Home Occupation Businesses P P P P N P
Mobile Home Parks N N N N C N
Mobile Home or Manufactured Housing
Units Single Lot
N P N N N P
Multiple-Family, Apartments &
Condominiums
P1,10 N P10 P10 N P10
Planned Residential Developments P P P P N P
Senior Housing Developments P P P P N P
Single-Family Dwellings N P10 N N N P10
Restaurants
Delicatessens P P P P P N
Fast-Food Restaurants—Without a Drive-
Through4, 11
P P P P P N
Fast-Food Restaurants—With a Drive-
Through4, 11
N N C C P N
Sit-Down Restaurants P C P5 P5 P N
Sit-Down Restaurant with live
entertainment
C C C5 C5 C5 N
Restaurant, serving alcohol See Alcohol Sales, Restaurants with Alcoholic Beverage Sales Philanthropic and Charitable Institutions P C P P P N Service Organizations P C P P P N
Temporary Uses
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Street/Craft Fairs and Farmers' Markets—
Ongoing
C12 C12 C12 C12 C12 N
Temporary Structures (Subdivision sales
Office)
P12 P12 P12 P12 P12 N
Christmas Tree/Pumpkin Lots, and Similar,
Not Exceeding 30 Days
P12 P12 P12 P12 P12 N
Outdoor Displays C C C C C N
Parking Lot Sales P P P P P N
Amusement Enterprises C12 C12 C12 C12 C12 N
Transportation Facilities
Bus Passenger Terminals N N C N C N
Charter Bus Companies N N C N C N
Motor Vehicle Transportation
(Taxi/Shuttle)
N N C C C N
Truck Stops and Terminals N N N N C N
Utilities
Public Utility/Service Structures N N N N N N
Sewage Disposal Facilities/Waste Transfer N N N N N N Utility Company Offices P1, 7 P1, 3 P1, 7 P1, 7 P N Water Storage, Distribution, and Collection
Facilities
N N N N N N
Public Storage Facilities N N N N N N
Wind Energy Conversion Systems See 17.11.140
N = Not Permitted
P = Permitted
C = Conditionally Permitted
A = Permitted as an Accessory Use
Footnotes:
1 Use is allowed only on upper floor locations on parcels fronting 6th Street and Beaumont Avenue. Limited lobby or entry areas are allowed on the ground floor.
2 Use is not allowed on parcels fronting 6th Street and Beaumont Avenue. 3 Use is limited to 2,500 square feet.
4 These uses shall not be located on any parcel which is located within 1,000 feet of any school providing instruction in 12th grade or below, day care center, or youth center. 5 New liquor stores shall not be located within 1,000 feet of another liquor store. 6 Must comply with step back standards (Figure 17.19-2) and setbacks per zone if adjacent to single family residential use. Performance standards per Chapter 17.04 apply. 7 Use is limited to 5,000 square feet.
8 Use is limited to 10,000 square feet.
9 CUP required if proposed use is larger than 10,000 square feet. 545
Item 8.
Created: 2022-05-02 10:29:21 [EST]
(Supp. No. 6, Update 2)
10 A Live/work unit is only permitted in the primary structure. 11 New fast food restaurants should not be located within 1,000 feet of another fast food restaurant. 12 Temporary Use Permit required.
( Ord. No. 1128 , § 2(Exh. B), 12-1-2020; Ord. No. 1141 , § 5(Exh. A), 10-5-2021)
546
Item 8.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BEAUMONT, CALIFORNIA
ADDING CHAPTER 17.15 “ACCESSORY DWELLING UNITS (ADU’S) AND JUNIOR ACCESSORY DWELLING UNITS (JADU’S)” TO
THE BEAUMONT MUNICIPAL CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS:
SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act (“CEQA”) pursuant to 15061(b)(3), CEQA review is not required because there is no possibility that this Ordinance may have a significant effect upon the environment and the proposed text amendments constitute a minor alteration in a land use limitation under CEQA Guidelines Section 15305, and such a land use limitation is a permissible exercise of the City's zoning powers.
SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences, or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the Ordinance enforced.
SECTION 3. Prosecution of Prior Ordinances. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City of Beaumont Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof.
SECTION 4. The City Council hereby amends Title 17, to include Chapter 17.15 entitled “Accessory Dwelling Units (ADU’s) and Junior Accessory Dwelling Units (JADU’s)” to the Beaumont Municipal Code, to read as specifically set forth in Exhibit “A”, which Exhibit is attached hereto and made a part hereof.
SECTION 5. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont, California, approves an amendment to the City Code.
INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 20th day of September 2022, by the following roll call vote:
547
Item 8.
AYES:
NOES
ABSENT
ABSTAIN
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 20th day of September 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
Lloyd White, Mayor
Attest: ______________________
City Clerk
Approved as to form:
_________________________
John O. Pinkney, City Attorney
548
Item 8.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BEAUMONT, CALIFORNIA
AMENDING CHAPTER 17.02 “ADMINISTRATION”, CHAPTER 17.03 “ZONING”, CHAPTER 17.05 “OFF STREET PARKING AND LOADING STANDARDS”, CHAPTER 17.10 “AFFORDABLE HOUSING INCENTIVES/DENSITY BONUS PROVISIONS”,
17.11 “GENERAL DEVELOPMENT STANDARDS”, CHAPTER 17.14 “DEFINITIONS”, AND CHAPTER 17.19 “DOWNTOWN ZONE DISTRICTS” OF
THE BEAUMONT MUNICIPAL CODE FOR IMPLEMENTATION OF
THE STATE MANDATED HOUSING ELEMENT UPDATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS:
SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act (“CEQA”) pursuant to 15061(b)(3), CEQA review is not required because there is no possibility that this Ordinance may have a significant effect upon the environment and the proposed text amendments constitute a minor alteration in a land use limitation under CEQA Guidelines Section 15305, and such a land use limitation is a permissible exercise of the City's zoning powers.
SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences, or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the Ordinance enforced.
SECTION 3. Prosecution of Prior Ordinances. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City of Beaumont Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof.
SECTION 4. The City Council hereby amends Title 17, Chapter 17.02 “Administration”, Chapter 17.03 “Zoning”, Chapter 17.05 “Off Street Parking and Loading Standards”, Chapter 17.10 “Affordable Housing Incentives/Density Bonus Provisions”, 17.11 “General Development Standards”, Chapter 17.14 “Definitions”, and Chapter 17.19 “Downtown Zone Districts” to include amendments to the Beaumont Municipal Code Zoning to read as specifically set forth in Exhibit “A”, which Exhibit is attached hereto and made a part hereof.
SECTION 5. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937. 549
Item 8.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont, California, approves an amendment to the City Code.
INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 20th day of September 2022, by the following roll call vote:
AYES:
NOES
ABSENT
ABSTAIN
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 20th day of September 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
Lloyd White, Mayor
Attest: ______________________
City Clerk
Approved as to form:
_________________________
John O. Pinkney, City Attorney
550
Item 8.
551
Item 8.
552
Item 8.
553
Item 8.
554
Item 8.
555
Item 8.
556
Item 8.
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
DATE October 4, 2022
SUBJECT: FY2022-23 August Budget Update and Financial Status Report
Background and Analysis:
The Fiscal Year (FY) 2022-23 August Financials provide an update to the City’s financial position relative to the FY 2022-23 budget.
Summary of Cash Balances
The City has multiple bank accounts for purposes of fund segregation. The table below provides a summary of cash balances within these accounts for the month of July 2022 and August 2022.
Bank Name Beginning Bank
Balance July 1,
2022
Deposits Payments Ending Bank
Balance July
31, 2022
Citibank Checking (Pooled Cash)5,232,350.32 7,778,789.51 7,478,784.86 5,532,354.97 Bank of Hemet - Payroll 2,018,189.25 401.54 1,188,013.34 830,577.45 Bank of Hemet - Gas Tax 3,870,010.52 200,556.72 - 4,070,567.24 Bank of Hemet - Evidence and Seizure Fund 342,252.19 27.19 3,525.00 342,279.38 Bank of Hemet - Construction 4,704,269.44 373.76 - 4,704,643.20 Grand Total 16,167,071.72 7,980,148.72 8,670,323.20 15,480,422.24 Bank Name Beginning Bank
Balance August
1, 2022
Deposits Payments Ending Bank
Balance August
31, 2022
Citibank Checking (Pooled Cash)5,532,354.97 32,225,480.23 31,868,815.99 5,889,019.21 Wells Fargo Checking - - - - Bank of Hemet - Payroll 830,577.45 2,000,000.00 1,325,220.06 1,505,357.39 Bank of Hemet - Gas Tax 4,070,567.24 320,631.81 1,043,045.60 3,348,153.45 Bank of Hemet - Evidence and Seizure Fund 342,279.38 30.95 - 342,310.33 Bank of Hemet - Construction 4,704,643.20 3,766,463.07 - 8,471,106.27 Grand Total 15,480,422.24 38,312,606.06 34,237,081.65 19,555,946.65 557
Item 9.
Significant transactions include the following:
$22M funds transferred from LAIF to Citibank
$17.3M transferred to Wilmington Trust for September 1 debt service payments $3.7M transferred to Bank of Hemet Construction account for segregation of unspent State and Local Fiscal Recovery Funds
A summary of cash balances for the first quarter including investment accounts are provided in the table below. The liquidity fund with US Bank was opened in June to have a liquid investment vehicle option while keeping the general checking account balance at a minimum through the transition of the general checking account implementation to a different bank. All funds deposited into the liqu idity fund are available for operations.
CITIBANK ACCOUNTS #July -22 August - 22 September - 22
GENERAL 8965 5,532,354.97$ 5,889,019.21$ -$
Wells Fargo
GENERAL -$ -$
BANK OF HEMET
PAYROLL 50301 830,577.45$ 1,505,357.39$
GAS TAX 21901 4,070,567.24$ 3,348,153.45$
EVIDENCE AND SEIZURE FUND 20042 342,279.38$ 342,310.33$ CONSTRUCTION 20048 4,704,643.20$ 8,471,106.27$
9,948,067.27$ 13,666,927.44$ -$
US BANK
INVESTMENT PORTFOLIO 10770 44,636,988.87$ 45,028,174.78$ LIQUIDITY FUND 13574 35,008,582.86$ 35,043,546.52$
79,645,571.73$ 80,071,721.30$ -$
LAIF 3-056 72,391,245.86$ 50,391,245.86$
PARS 2,453,499.20$ 2,386,990.93$
BANK BALANCES 1st QTR FY 22-23
558
Item 9.
Budget Control and Monitoring
The City of Beaumont Budget Policy provides that the Finance Department will maintain a system of tools for departments to manage their budgets and for financial monitoring and control of the City’s budget during the fiscal year. This system will provide the departments and City Council with information on revenue, expenditures, and budget performance at both the department and fund level.
General Fund Summary
Most of the General Fund revenue budget is from taxes. Property tax is usually recorded in December and May. Sales tax will start to be received in September in monthly advanced payments and then a quarterly clean up payment. Other taxes include Motor Vehicle In-Lieu, which is received in February and June, as well as Utility Users tax which is received monthly. As most revenues are received throughout the year, actual expenditures exceed revenues by $5.6M. Bank balances are monitored to ensure that funds are available to pay operating needs until revenues are received to cover costs.
General Fund Revenues
As of August 31, 2022, the City has collected 3% of the FY 20 22-23 budgeted revenues. Below is a table for General Fund Revenues as of August 31, 2022 .
BUDGET
FY2022/23
ACTUAL
FY2022/23 %
Taxes 41,542,397.00 14,311.64 0%
Licenses 410,687.00 91,738.13 22%
Permits 4,574,641.00 608,573.94 13%
Franchise Fees 3,248,286.00 525,000.00 16%
Charges for Services 1,273,780.00 42,244.97 3% Fines and Forfeitures 131,545.00 8,767.68 7% Cost Recovery 498,587.00 79,573.04 16%
Miscellaneous 296,068.00 568,338.40 192%
Other Financing Sources 5,000.00 3,892.00 78% Transfers 8,687,711.00 - 0%
TOTAL REVENUES 60,668,702.00 1,942,439.80 3%
GENERAL FUND
559
Item 9.
General Fund Departments
The table below provides for an overview of the general fund department budgets through August 31, 2022.
The table below provides for expenditures by type. Personnel costs make up 54.5% of the actuals to date. Operating costs are 43.67% of actuals followed by capital at 1.8%.
The “Other” line shown in “Operating” is currently over budget by 9%. This is caused by the liability and property insurance premium having an unanticipated 20% increase. A future budget amendment will be brought to City Council for this item.
DEPARTMENT
FY 2023
BUDGET
FY 2023
ACTUAL %
Non-Departmental 7,932,671.00 - 0.0% City Council 51,131.00 4,075.17 8.0% City Clerk 343,242.00 32,769.74 9.5% Administration 1,435,070.00 156,412.22 10.9% Finance 1,520,471.00 242,148.40 15.9% IT 1,606,874.00 407,075.23 25.3% Economic Development 1,320,718.00 28,019.97 2.1% Risk and HR 2,626,205.00 2,239,436.83 85.3% Legal 1,500,000.00 66,427.60 4.4% Community Development 783,600.00 79,870.90 10.2% Community Services 1,131,722.00 166,799.05 14.7% Animal Control 335,394.00 50,633.07 15.1% Community Enhancement 337,866.00 41,481.28 12.3% OES 162,200.00 - 0.0% Police 13,982,847.00 2,552,361.12 18.3% K-9 9,600.00 331.78 3.5% Police Support 2,538,188.00 308,929.07 12.2% Fire 4,670,961.00 14,278.55 0.3% Building and Safety 1,542,266.00 156,117.15 10.1% Public Works 1,797,804.00 196,698.59 10.9% Street Maintenance 2,330,115.00 270,612.12 11.6% Building Maintenance 1,148,673.00 121,372.69 10.6% Parks and Grounds 4,182,002.00 445,259.64 10.6% TOTAL EXPENDITURES 53,289,620.00 7,581,110.17 14.2% 560
Item 9.
Wastewater Fund Summary
Revenues
Wastewater revenues are collected in arrears. The July billing is accrued back to prior FY, so the first billing for FY 2022-23 will be collected in September. Billing is completed bi-monthly. Revenues to date include sewer permit fees and billing adjustments.
EXPENSE TYPE FY 2023 BUDGET FY 2023 ACTUAL %
Personnel
Salaries and Wages 17,712,879.00 1,976,262.24 11% Benefits 7,376,316.00 2,113,725.01 29%
Other 702,633.00 41,615.45 6%
TOTAL PERSONNEL 25,791,828.00 4,131,602.70 16%
Operating
Utilities 1,787,000.00 242,939.60 14%
Administration 888,818.00 115,586.00 13% Fleet Costs 664,280.00 68,402.88 10%
Program Costs 904,870.00 116,107.10 13% Repairs & Maintenance 1,062,630.00 382,775.46 36% Supplies 1,217,830.00 91,589.05 8%
Special Services 517,075.00 21,552.46 4% Contractual Services 8,959,125.00 128,431.40 1% Other 1,967,700.00 2,143,216.82 109%
TOTAL OPERATING 17,969,328.00 3,310,600.77 18%
Capital
Equipment 249,952.00 7,453.88 3%
Furniture - 332.92 0% Vehicle 884,854.00 131,307.03 15%
Structure 310,987.00 - 0% TOTAL CAPITAL 1,445,793.00 139,093.83 10%
Contngency
CONTINGENCY 150,000.00 (187.13) 0% Transfers
TRANSFERS 7,932,671.00 - 0% Total Expenditures 53,289,620.00 7,581,110.17 14% 561
Item 9.
Expenses
Wastewater expenses as of August 31, 2022, total $866,495.07 which is 6% of the FY 2022-23 budget. Personnel costs make up 44.95% of the budget, operating costs make up 31.99% of the budget and capital costs make up the remaining 23.06% of the budget.
The Wastewater vehicle line item is currently over budget. There are two reasons for this. First, a vehicle that was budgeted in FY 2021-22, but due to supply issues was not received until the current FY. An item will be going to City Council to re-appropriate the FY 2021-22 funds to the current budget to cover this item. Second, City Council approved the payoff of the vactor truck on August 16, 2022. A future budget amendment will be brought to the City Council to address the payoff of $157,335.34.
BUDGET
FY2022/23
ACTUAL
FY2022/23 %
Permits - - 0 Fines and Forfeitures 3,000.00 - 0% Cost Recovery 3,500.00 - 0% Miscellaneous 30,000.00 - 0% Proprietary Revenues 12,821,501.00 9,609.30 0% Other Financing Sources - 1,392.00 0% TOTAL REVENUES 12,858,001.00 11,001.30 0%
WASTEWATER REVENUES
562
Item 9.
Recommended Action:
Receive and file report.
Attachments:
A. Governmental Funds Activity
B. Proprietary Funds Activity
EXPENSE TYPE FY 2023 BUDGET FY 2023 ACTUAL %
Personnel
Salaries and Wages 1,831,289.00 214,301.57 12% Benefits 674,094.00 171,172.29 25%
Other 40,032.00 4,000.11 10%
TOTAL PERSONNEL 2,545,415.00 389,473.97 15% Operating
Utilities 928,228.00 170,853.28 18%
Administration 227,805.00 6,756.28 3% Fleet Costs 44,420.00 5,613.18 13% Repairs & Maintenance 116,200.00 6,430.93 6% Supplies 585,700.00 22,004.10 4%
Contractual Services 1,397,360.00 60,755.23 4% Other 755,872.00 4,821.80 1%
TOTAL OPERATING 4,055,585.00 277,234.80 7% Capital
Equipment 109,000.00 8,875.00 8%
Vehicle - 190,911.30 0% Other - - 0% TOTAL CAPITAL 109,000.00 199,786.30 183% Contngency
CONTINGENCY 200,000.00 - 0% Transfers
TRANSFERS 7,585,213.00 - 0% Total Expenses 14,495,213.00 866,495.07 6%
Wastewater Expenses
563
Item 9.
Beginning Fund Balance
FY 2023 Estimated
Revenues
FYTD 2023 Actual
Revenues %FY 2023 Budgeted
Expenditures
FYTD 2023 Actual
Expenditures %T/D Ending Fund
Balance
100 GENERAL FUND 40,274,166.85 60,668,702.00 2,044,992.31 3% 53,289,620.00 7,592,506.98 14% 34,726,652.18 120 SELF INSURANCE 2,154,151.97 - - 0% - 25,000.00 #DIV/0! 2,129,151.97 200 GAS TAX 380,310.50 1,459,493.00 229,734.46 16% 1,459,493.00 25.00 0% 610,019.96 201 SB1 2,499,179.67 1,168,504.00 91,189.39 8% 892,435.00 - 0% 2,590,369.06 202 MEASURE A 3,189,454.68 605,900.00 - 0% 604,800.00 - 0% 3,189,454.68 205 AQMD 379,940.71 71,130.00 - 0% 201,145.00 0% 379,940.71 210 PEG 27,756.97 22,595.00 - 0% 12,000.00 - 0% 27,756.97 215 CDBG/GRANTS 3,370,453.77 62,000.00 134.55 0% 292,000.00 0% 3,370,588.32 220 COPS 463,314.72 150,751.00 - 0% 88,182.00 - 0% 463,314.72 225 ASSET SEIZURES (STATE) 295,024.16 2,956.00 22.57 1% - - 0% 295,046.73 230 ASSET SEIZURES (FEDERAL) 6,036.38 - 0.54 0% - - 0% 6,036.92 240 OTHER FUNDS 321,084.80 78,776.00 2,663.15 3% 72,200.00 1,269.52 2% 322,478.43 250 CFD-ADMIN 1,407,534.32 1,908,931.00 - 0% 1,908,931.00 - 0% 1,407,534.32 255 CFD-MAINT SVCS 2,702,370.38 3,858,848.00 - 0% 3,858,848.00 - 0% 2,702,370.38 260 CFD-PUBLIC SAFETY 719,027.16 911,768.00 - 0% 911,768.00 - 0% 719,027.16 505 EQUIPMENT REPLACEMENT - - - 0% - - #DIV/0! - 552 BASIC SERVICES DIF 1,371,207.72 325,677.00 34,325.22 11% - - 0% 1,405,532.94 554 GENERAL PLAN DIF 102,458.95 27,183.00 4,010.00 15% - - 0% 106,468.95 555 RECREATIONAL FACILITIES DIF 1,902,958.44 359,663.00 54,599.85 15% - - 0% 1,957,558.29 556 TRAFFIC IMPACT DIF 1,718,604.33 163,895.00 21,444.98 13% 150,000.00 - 0% 1,740,049.31 558 RAILROAD CROSSING DIF 2,603,804.09 178,606.00 23,045.48 13% - - 0% 2,626,849.57 559 POLICE FACILITIES DIF 1,455,697.79 274,163.00 40,262.21 15% 1,450,000.00 - 0% 1,495,960.00 560 FIRE STATION DIF 5,083,305.95 325,677.00 30,932.12 9% - - 0% 5,114,238.07 562 ROAD AND BRIDGE DIF 10,127,410.60 1,513,156.00 195,246.03 13% 2,250,000.00 - 0% 10,322,656.63 566 EMERGENCY PREPAREDNESS DIF (97,266.00) 346,593.00 56,665.51 16% - - 0% (40,600.49) 567 COMMUNITY PARK DIF 1,891,663.55 588,630.00 250,123.20 42% - - 0% 2,141,786.75 568 REGIONAL PARK DIF 1,945,796.94 - - #DIV/0! - - 0% 1,945,796.94 569 NEIGHBORHOOD PARK DIF 2,432,037.74 712,342.00 302,691.35 42% - - 0% 2,734,729.09 TOTALS 75,785,939.00 3,382,082.92 4% 67,441,422.00 7,618,801.50 11% 84,490,768.56
GOVERNMENTAL FUNDS
564
Item 9.
Beginning Fund
Balance
FY 2023
Estimated
Revenues
FYTD 2023
Actual Revenues %
FY 2023
Budgeted
Expenditures
FYTD 2023
Actual
Expenditures
%T/D Ending Fund
Balance
564 RECYCLED WATER DIF 4,230,411.43 361,067.00 67,293.81 19% - - 0% 4,297,705.24 600 INTERNAL SERVICE FUND 7,007,755.86 1,217,354.00 - 0% 1,544,936.00 50,590.17 3% 6,957,165.69 700 WASTEWATER 7,027,575.77 12,858,001.00 11,001.30 0% 14,495,213.00 866,495.07 6% 6,172,082.00 705 WASTEWATER DIF 7,256,183.23 2,718,679.00 788,021.79 29% 3,650,000.00 - 0% 8,044,205.02 750 TRANSIT 366,216.11 2,771,617.00 662,484.32 24% 2,771,617.00 444,152.11 16% 584,548.32 TOTALS 25,888,142.40 19,926,718.00 1,528,801.22 8%22,461,766.00 1,361,237.35 6%26,055,706.27
PROPRIETARY/ENTERPRISE FUNDS
565
Item 9.
Staff Report
TO: City Council
FROM: Lisa Leach, CPA, Assistant Finance Director
DATE October 4, 2022
SUBJECT: Approval for Purchase of Tyler Accounts Receivable Module
Background and Analysis:
The City has an existing contract with Tyler Technologies for primary accounting and budgeting software services. All central accounting processes including the general ledger, accounts payable, budgeting, payroll, utility billing, and fixed assets are operated under a contract dated May 1, 2022.
The City is seeking to expand its use of the Tyler Incode 10 system to include the Accounts Receivable module. Currently, the City uses Excel to invoice and track fees, service charges, reimbursement agreements, insurance recoveries and grant funding.
Excel limits the City’s ability to provide aging reports, concentrated collection efforts on delinquent accounts and lacks full integration into the core financials. The annual accounts receivable value for any given fiscal year amounts to between $2,000,000 to $3,000,000.
The integration of accounts receivable module will allow for timely collection efforts and tracking of delinquent accounts as well as real time reporting in the City’s financial system.
The Finance and Audit Committee was updated on a ll Finance Department projects including the purchase of the accounts receivable module at the September 12, 2022 meeting.
Fiscal Impact:
The initial (one-time) cost to implement the accounts receivable module is $20,230.
This includes the cost of the module and Tyler staff time to support the implementation and training. The ongoing annual costs are $7,425. The annual maintenance costs will remain at this level until April 30, 2023, which is the term of the existing contract. The 566
Item 10.
Tyler Accounts receivable module is approved in the FY 21/22 budget in the general fund account 100-1225-7071-0000.
Recommended Action:
Approve the attached contract amendment with Tyler Technologies, including the one-time implementation costs of $20,230 and ongoing annual maintenance costs of $7,425.
Attachments:
A. Amendments to Tyler Technologies contract to add Accounts Receivable Module.
567
Item 10.
2022-331209-F0P1V3 Page 1 of 5
Sales Quotation For:
City of Beaumont
550 E 6th St
Beaumont CA 92223-2253
Jennifer Ustation
+1 (951) 572-3236
[email protected]
Tyler Software
Description License Total
Annual
Maintenance
ERP Pro powered by Incode
ERP Pro 10 Financial Management Suite
Accounts Receivable $ 16,500 $ 0
TOTAL: $ 16,500 $ 0
Tyler Annual Software – SaaS
Description Annual
Quoted By:Brandon Swanson
Quote Expiration:12/25/22
Quote Name:ERP Pro 10- AR
568
Item 10.
2022-331209-F0P1V3 Page 2 of 5
ERP Pro powered by Incode
ERP Pro 10 Financial Management Suite
Accounts Receivable- Annual SaaS Fee $ 7,425
TOTAL:$ 7,425
Services
Description Hours/Units
Extended
Price Maintenance
ERP Pro 10 Financial Management Suite
Professional Services 24 $ 3,480 $ 0
Other Services
Project Management 1 $ 250 $ 0
TOTAL:$ 3,730 $ 0
Summary One Time Fees Recurring Fees
Total Tyler Software $ 16,500
Total SaaS $ 7,425
Total Tyler Services $ 3,730
Summary Total $ 20,230 $ 7,425
Contract Total $ 27,655
Detailed Breakdown of Professional Services (Included in Summary Total) 569
Item 10.
2022-331209-F0P1V3 Page 3 of 5
Description Hours Extended Price Maintenance
ERP Pro powered by Incode
ERP Pro 10 Financial Management Suite
Accounts Receivable 24 $ 3,480 $ 0
Sub-Total 24 $ 3,480 $ 0
TOTAL:24 $ 3,480 $ 0
Comments
•Some services may be delivered remotely via web-based training. •Expenses associated with onsite services are invoiced as incurred according to Tyler's standard business travel policy.
SaaS is considered a term of one year unless otherwise indicated. 570
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2022-331209-F0P1V3 Page 4 of 5
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms, subject to payment terms in an agreement, amendment, or similar document in which this sales quotation is included:
• License fees for Tyler and third-party software are invoiced upon the earlier of (i) delivery of the license key or (ii) when Tyler makes such software available accessible.
• Fees for hardware are invoiced upon delivery.
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware. • Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software accessible to the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the agreement, with renewals invoiced annually thereafter in accord with the Agreement. • Fees for services included in this sales quotation shall be invoiced as indicated below. o Implementation and other professional services fees shall be invoiced as delivered. o Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module.
o Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and materials basis. o Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
o If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. o Notwithstanding anything to the contrary stated above, the following payment terms shall apply to fees specifically for migrations: Tyler will invoice Client 50% of any Migration Services Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Annual SaaS Fees will be invoiced upon availability of the hosted environment.
Any SaaS or hosted solutions added to an agreement containing Client-hosted Tyler solutions are subject to Tyler’s SaaS Services terms found here:
https://www.tylertech.com/terms/tyler-saas-services .
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later. 571
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Customer Approval:Date:
Print Name:P.O.#:
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Item 10.
Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE October 4, 2022
SUBJECT: Adoption of a Policy on Land Use and Sensitive Receptors (PLUS)
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.
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 developments. Staff worked with the Land Use Subcommittee on a draft policy which was presented to City Council on August 3, 2022. At that meeting, staff received feedback from City Council as well as interested parties. Staff continued to work with stakeholders, with the primary concern related to the 1,000 feet separation between dock doors and sensitive receptors. On September 6, 2022, staff presented the policy with the additional information requested and additional points of discussion in a redline format. Council held discussion and adopted the Policy. Staff subsequently formalized the policy, clearing the redlines and incorporating Council’s comments. Attachment A to this report shows the policy as adopted.
Fiscal Impact:
The cost to prepare this staff report is approximately $100.
Recommended Action:
Confirm adoption of the policy and direct staff to begin implementation.
Attachments:
A. Policy on Land Use and Sensitive Receptors (PLUS)
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9.6.22 Policy on Land Use and Sensitive Receptors
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, warehouse and similar 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, 574
Item 11.
9.6.22 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.
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) C as allowed by the City’s General Plan. The study shall identify improvements and fair share costs for the project.
6. A stacking or queuing study shall be provided as part of the project review. The study shall identify the necessary on-site queuing area so vehicle and truck traffic waiting to access the site shall not extend into the public right-of-way.
7. A “Water Supply Assessment” shall be prepared as part of the environmental review process.
8. A “Sewer Study” shall be prepared as part of the project review process.
9. An “Economic Impact Study” shall be prepared as part of the project review process. At a minimum, the study shall provide a cost for service analysis, estimate of revenue generated, anticipated property tax revenue and any other information necessary to provide a comprehensive evaluation of the fiscal impacts to the City.
10. An “Energy Efficiency Plan” shall be prepared as part of the project review process which shows how the project will encourage efficiency above and beyond Title 24 requirements.
Construction Phase
1. During construction of the project, all copy of current California registration for each piece of construction equipment accessing the site shall be provided to the City. If equipment is not registered in 575
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9.6.22 California proof of CARB-Compliant engines or newer as identified by the most current CARB engine standards shall be provided.
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. All Water Quality requirements and best practices shall be adhered to throughout the construction phase.
6. 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.
7. 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.
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9.6.22 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. Trees utilized in landscape screening shall be a minimum of 36-inch box. 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 shielded and 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.
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.
13. Any mechanical or structural equipment or components located on the exterior of the building shall be screened from view and enclosed to protect the equipment and deter vandalism.
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. 577
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9.6.22 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.
Any ongoing operational noise shall be evaluated through the CEQA process.
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.
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. The facility operator shall also email this information to drivers expected to visit the site, 24 hours in advance of their arrival.
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 578
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9.6.22 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 579
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Staff Report
TO: City Council
FROM: Doug Story, Community Services Director
DATE October 4, 2022
SUBJECT: Consider Adopting a Resolution Waiving the Facility Use and Staff Fees at the Albert A. Chatigny Sr. Community Recreation Center (CRC) for Beaumont-Cherry Valley Rotary Club Weekly Meetings
Background and Analysis:
The Rotary Club of Beaumont Cherry Valley has submitted a request for consideration of waiving facility and staff fees for their weekly club meetings to be held at the Chatigny Community Recreation Center (CRC).
Beaumont-Cherry Valley Rotary is a nonprofit community organization serving the Beaumont community for 65 years. The Rotary Club supports the community through events such as the annual Thanksgiving Dinner, Cherries Jubilee, Winter Wish and support of the Interact Club for various community events. The Rotary Club volunteers at multiple City sponsored events throughout the year.
The Rotary Club has historically been meeting in various restaurants and meeting spaces but has recently had difficulty securing appropriate rooms.
Beaumont-Cherry Valley Rotary is requesting a fee waiver in the amount of $1,725 for the use of the Albert A. Chatigny Sr. Community Recreation Center (CRC) for the months of October – December 2022 and a fee waiver in the amount of $6,720 for the use of the building from January – December 2023.
Fiscal Impact:
The total amount of facility use fees requested to be waived for the weekly Rotary Club meetings is $1,725 of which $45 is for the deposit for the remainder of 2022. The total amount of facility use fees requested to be waived for the weekly Rotary Club meetings is $6,720 for January – December 2023. City staff estimates the cost to prepare this report to be $98.
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Recommended Action:
Waive the full reading and adopt by title only, “A Resolution of the City of Beaumont Authorizing the Waiver of a multi-date Facility Use Fee at the Albert A.
Chatigny Sr. Community Recreation Center (CRC) for Beaumont Cherry Valley Rotary Club.”
Attachments:
A. Resolution
B. Facility Use Application
C. Fee Waiver Request
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RESOLUTION 2022-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,
CALIFORNIA, PROCLAIMING A LOCAL EMERGENCY PERSISTS, RE-RATIFYING
THE PROCLAMATION OF A STATE OF EMERGENCY BY EXECUTIVE ORDER N- 09-21, AND RE-AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE
LEGISLATIVE BODIES OF THE
CITY OF BEAUMONT FOR THE PERIOD SEPTEMBER 20, 2022 – OCTOBER 18, 2022, PURSUANT TO PROVISIONS OF THE RALPH M. BROWN ACT
WHEREAS, the City of Beaumont (the “City”) is committed to preserving and nurturing public access and participation in meetings of the City Council; and
WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code §§ 54950 – 54963) (the “Brown Act”), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or human-caused disasters; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, the City Council previously adopted Resolution 2021-53 on October 5, 2021, finding that the requisite conditions exist for the legislative bodies of the City to conduct remote teleconference meetings without compliance with Government Code section 54953(b)(3); and WHEREAS, as a condition of extending the use of the provisions found in Government Code section 54953(e), the City Council must reconsider the circumstances of the state of emergency that exists in the City, and the City Council has done so; and
WHEREAS, emergency conditions persist in the City, specifically, on March 4, 2020, the Governor of the State of California proclaimed a State of Emergency to exist in California as a 582
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result of the threat of COVID-19; despite sustained efforts the virus continues to spread and is impacting nearly all sectors of California; and
WHEREAS, on or about July 28, 2021, Riverside County Public Health stated that “in light of the recent increase in local COVID-19 cases, Riverside County Public Health recommends residents follow the new state and federal guidance for face coverings. The current state and federal masking guidance recommend that vaccinated individuals wear face masks in public indoor settings. The state still requires unvaccinated individuals to wear masks indoors;” this remains the guidance of Riverside County Public Health; and
WHEREAS, the City Council does hereby find that the ongoing risk posed by the highly transmissible COVID-19 virus will continue to cause conditions of peril to the safety of persons within the City which are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and the City Council desires to proclaim a local emergency and ratify the proclamation of state of emergency by the Governor of the State of California; and
WHEREAS, as a consequence of the local emergency persisting, the City Council does hereby find that the legislative bodies of the City shall continue to conduct their meetings without compliance with Government Code section 54953(b)(3), as authorized by Government Code section 54953(e), and that such legislative bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in Government Code section 54953(e)(2); and
WHEREAS, all meeting agendas stating meeting dates, times and the manner in which the public may attend and offer public comment by call-in option or internet-based service option shall be posted, at a minimum, on the City’s website and at the City’s main office.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals.
The recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Affirmation that Local Emergency Persists.
The City Council hereby considers the conditions of the state of emergency in the City and the ongoing risk posed by the highly transmissible COVID-19 virus has caused, and will continue to cause, conditions of peril to the safety of persons within the City; furthermore, the guidance of Riverside County Public Health recommends physical distancing and face coverings.
Section 3. Re-ratification of Governor’s Proclamation of a State of Emergency.
The City Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020. 583
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Section 4. Remote Teleconference Meetings.
The Mayor, the City Manager, and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
Section 5. Effective Date.
This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) October 18, 2022, or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with Government Code section 54953(b)(3).
Section 6. Certification.
The Clerk of the City Council shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.
PASSED, ADOPTED, AND APPROVED, this 20th day of September 2022, by the following vote:
AYES: Lara, Santos, Lara, White
NOES:
ABSENT: Fenn
ABSTAIN:
___________________________________
Lloyd White, Mayor
ATTEST:
____________________________________________
Nicole Wheelwright, City Clerk
APPROVED AS TO FORM:
____________________________________________
John O. Pinkney, City Attorney
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Ashley Starr
[email protected]
Recreation Superintendent
City of Beaumont Parks & Recreation
1310 Oak Valley Pkwy
Beaumont, CA 92223
Dear Ashley,
On behalf of Beaumont Cherry Valley Rotary Club, we wish to request a fee waiver to use a classroom at Chatigny Center. We will be holding our Rotary Club meetings every Thursday and attendance averages 15 per meeting.
As you are aware, Rotary is a nonprofit service organization that continues to provide services to local seniors and youth in the City of Beaumont. We are active in many community activities including Interact, Cherry Festival Parade, Winter Wish, Thanksgiving Day Dinner, Veterans Day, Human Trafficking, just to name a few.
We would greatly appreciate it if Council could waive all fees.
Sincerely,
Robin L Knight
President 2022-2023
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Item 12.
Staff Report
TO: City Council
FROM: Doug Story, Community Services Director
DATE October 4, 2022
SUBJECT: Consider Adopting a Resolution Waiving the Facility Use and Staff Fees at the Albert A. Chatigny Sr. Community Recreation Center (CRC) for Beaumont-Cherry Valley Rotary Club Senior Thanksgiving Dinner
Background and Analysis:
The Rotary Club of Beaumont Cherry Valley has submitted a request for consideration of waiving facility and staff fees for their annual Senior Thanksgiving Dinner to be held at the Chatigny Community Recreation Center (CRC) on Saturday, November 12, 2022.
Beaumont-Cherry Valley Rotary is a nonprofit community organization serving the Beaumont community for 65 years. The annual Thanksgiving Dinner is a community event, hosted by Beaumont-Cherry Valley Rotary, which benefits seniors in our community who would not have a traditional Thanksgiving Dinner due to no family or low income. This is an invite only event for those who have been recognized for the need of this meal. In addition to Rotary, the Beaumont Interact Club also assists in preparing and serving the meal.
Beaumont-Cherry Valley Rotary is requesting a fee waiver in the amount of $1,020 for the use of the Albert A. Chatigny Sr. Community Recreation Center (CRC) for the Senior Thanksgiving Dinner event.
Fiscal Impact:
The total amount of facility use fees requested to be waived for the annual Senior Thanksgiving Dinner event is $1,020 of which $500 is for the deposit. City staff estimates the cost to prepare this report to be $98.
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Recommended Action:
Waive the full reading and adopt by title only, “A Resolution of the City of Beaumont Authorizing the Waiver of a One-Time Facility Use Fee at the Albert A.
Chatigny Sr. Community Recreation Center (CRC) for Beaumont Cherry Valley Rotary Club.”
Attachments:
A. Resolution
B. Facility Use Application
C. Fee Waiver Request
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Item 13.
RESOLUTION 2022-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,
CALIFORNIA, PROCLAIMING A LOCAL EMERGENCY PERSISTS, RE-RATIFYING
THE PROCLAMATION OF A STATE OF EMERGENCY BY EXECUTIVE ORDER N- 09-21, AND RE-AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE
LEGISLATIVE BODIES OF THE
CITY OF BEAUMONT FOR THE PERIOD SEPTEMBER 20, 2022 – OCTOBER 18, 2022, PURSUANT TO PROVISIONS OF THE RALPH M. BROWN ACT
WHEREAS, the City of Beaumont (the “City”) is committed to preserving and nurturing public access and participation in meetings of the City Council; and
WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code §§ 54950 – 54963) (the “Brown Act”), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or human-caused disasters; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, the City Council previously adopted Resolution 2021-53 on October 5, 2021, finding that the requisite conditions exist for the legislative bodies of the City to conduct remote teleconference meetings without compliance with Government Code section 54953(b)(3); and WHEREAS, as a condition of extending the use of the provisions found in Government Code section 54953(e), the City Council must reconsider the circumstances of the state of emergency that exists in the City, and the City Council has done so; and
WHEREAS, emergency conditions persist in the City, specifically, on March 4, 2020, the Governor of the State of California proclaimed a State of Emergency to exist in California as a 592
Item 13.
result of the threat of COVID-19; despite sustained efforts the virus continues to spread and is impacting nearly all sectors of California; and
WHEREAS, on or about July 28, 2021, Riverside County Public Health stated that “in light of the recent increase in local COVID-19 cases, Riverside County Public Health recommends residents follow the new state and federal guidance for face coverings. The current state and federal masking guidance recommend that vaccinated individuals wear face masks in public indoor settings. The state still requires unvaccinated individuals to wear masks indoors;” this remains the guidance of Riverside County Public Health; and
WHEREAS, the City Council does hereby find that the ongoing risk posed by the highly transmissible COVID-19 virus will continue to cause conditions of peril to the safety of persons within the City which are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and the City Council desires to proclaim a local emergency and ratify the proclamation of state of emergency by the Governor of the State of California; and
WHEREAS, as a consequence of the local emergency persisting, the City Council does hereby find that the legislative bodies of the City shall continue to conduct their meetings without compliance with Government Code section 54953(b)(3), as authorized by Government Code section 54953(e), and that such legislative bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in Government Code section 54953(e)(2); and
WHEREAS, all meeting agendas stating meeting dates, times and the manner in which the public may attend and offer public comment by call-in option or internet-based service option shall be posted, at a minimum, on the City’s website and at the City’s main office.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals.
The recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Affirmation that Local Emergency Persists.
The City Council hereby considers the conditions of the state of emergency in the City and the ongoing risk posed by the highly transmissible COVID-19 virus has caused, and will continue to cause, conditions of peril to the safety of persons within the City; furthermore, the guidance of Riverside County Public Health recommends physical distancing and face coverings.
Section 3. Re-ratification of Governor’s Proclamation of a State of Emergency.
The City Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020. 593
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Section 4. Remote Teleconference Meetings.
The Mayor, the City Manager, and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
Section 5. Effective Date.
This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) October 18, 2022, or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with Government Code section 54953(b)(3).
Section 6. Certification.
The Clerk of the City Council shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.
PASSED, ADOPTED, AND APPROVED, this 20th day of September 2022, by the following vote:
AYES: Lara, Santos, Lara, White
NOES:
ABSENT: Fenn
ABSTAIN:
___________________________________
Lloyd White, Mayor
ATTEST:
____________________________________________
Nicole Wheelwright, City Clerk
APPROVED AS TO FORM:
____________________________________________
John O. Pinkney, City Attorney
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August 22, 2022
City of Beaumont
City Council
Attn: Ashley Starr, Recreation Superintendent
Re: Beaumont Cherry Valley Rotary Club
Senior Thanksgiving Dinner
Subject: Fee waiver request
The Rotary Club of Beaumont Cherry Valley will be hosting its 51st Annual Senior Thanksgiving Dinner at the Chatigny Senior Community Center, on Saturday November 12 from 8am-4pm.
This is an annual event that benefits seniors in our community who would not have a traditional Thanksgiving Dinner due to no family or low income. This is an invite only event for those who have been recognized for the need of this meal. Many of our seniors look forward to this annual tradition as this may be the only time to socialize with friends. They are also served and entertained by the Beaumont Interact Club. For many this is the highlight of their year.
The turkeys for this meal are prepared by members of the Rotary Club as well as parents of the Beaumont Interact Club the night before. The rest of the meal is prepared in the kitchen the morning of the event.
The Rotary Club of Beaumont Cherry Valley is a 501© 3, non profit organization with our motto being “Service Above Self”. Our club and its members have been serving the Beaumont community for 65 years and hosting the Senior Thanksgiving Dinner for 50 years.
We are requesting that all the fees be waived for the use of the Chatigny Senior Community Center, so that we can continue to serve a Thanksgiving dinner to our needy seniors.
On behalf of the Rotary Club of Beaumont Cherry Valley, I want to thank you for taking our request under consideration. Thank you for the service you provide our city and its residents.
Sincerely,
Joanna Evans
Beaumont Cherry Valley Rotary Member
Senior Thanksgiving Head Chair
2022
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Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE October 4, 2022
SUBJECT: PLAN2022-0859 Automobile for Hire Application for Non-Emergency Medical Transportation Services - AMR Transportation, Inc.
Background and Analysis:
On September 1, 2022, staff received an Automobile for Hire application for a non- medical transportation service. Beaumont Municipal Code Chapter 5.28 Automobiles for Hire requires the City Council to hold a hearing and approve the request to operate.
The services provided by the applicant involve the non-emergency transport of individuals, who need to be transported for a variety of medical reasons. Beaumont Municipal Code Chapter 5.28.030 Permit Application requires the following information be provided:
A. The name and address of the applicant, and if the same is a corporation, the names of its principal officers, or if the same is a partnership, the names of the partners, with the address of each.
B. A statement as to whether the permit is desired for a taxicab, ambulance or other classification.
C. A description of every motor vehicle which the applicant proposes to use, giving the trade name, motor and serial numbers, and State license numbers .
D. Body style, and seating capacity.
E. The street number and exact location of the place or places where the applicant proposes to stand each such automobile for hire.
F. The distinctive color scheme, name, monogram, or insignia which shall be used on such automobiles for hire.
G. Proposed schedule of rates and fares to be charged for carrying passengers .
H. If any proposed stand is in a public street, the application shall be accompanied by a written consent thereto of all the occupants of the ground flo or of any building in front of which such vehicle is to be located, and for 25 feet each way there from, or if there is no such occupant, by the written consent thereto of the owner or lessee of such building or lot.
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Staff has reviewed the application and determined the applicant has provided all of the necessary information to meet the applicable requirements in the municipal code as follows: (A)The applicant and business name and all identifying information have been provided. (B-D & F) The use is identified as non-emergency transportation and a description of the vehicle along with pictures, license plate number and registration have been provided. (G) The rates for service are set by the insurance provider paying the fee for service. Beaumont Municipal Code Chapter 5.28.030 (E) and (H) do not apply.
The business will be operated as a home-based business. Beaumont Municipal Code Chapter 17.11.110 Home Occupations(A)(5) allows for a home office for a service business where not more than one (1) one-ton vehicle is used for the business and kept at the property. The proposed business meets these requirements.
The requirements set forth in Beaumont Municipal Code Chapter 5.28.090 Insurance Required and Chapter 5.28.100 Insurance Amount have also been met. The applicant has provided liability insurance covering the business exceeding the $700,000 minimum requirement established in the code and has also provided a separate vehicle insurance policy.
This operation is not associated with AMR Ambulance and will not conflict with the emergency services provided by the ambulance company.
Fiscal Impact
The applicant paid $413.16 to file this application. If approved, the applicant will be required to apply for a Home Occupation Permit, a business license and pay the associated fees. Costs associated with preparing this staff report are offset by the application fees.
Recommended Action:
Approve the application for AMR Transportation, Inc. for non-emergency medical transportation.
Attachments:
A. Application
B. Certificate of Liability Insurance
C. Vehicle Photographs
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Staff Report
TO: City Council
FROM: Carole Kendrick, Planning Manager
DATE October 4, 2022
SUBJECT: Tentative Tract Map No. 32850 Modification to Conditions (TM2022- 0009), Conduct a Public Hearing and Consideration of a Request to Amend the Conditions of Approval for Tentative Tract Map No. 32850 That Proposes to Subdivide 29.32 Acres into 95 Single-Family Residential Lots in the Residential Single-Family Zone on the West Side of Manzanita Park Road and South of Brownie Way
Background and Analysis:
The applicant is requesting to modify three (3) conditions of approval placed on Tentative Tract Map No. 32850 that was originally approved by the City Council on July 19, 2005. The project initially proposed 108 residential lots ranging in size from 7,20 0 to 15,794 square feet, however, was reduced to 103 due to the existence of a gas line along the southerly property line. The project in its current form is proposing 95 single family residential lots, a 0.77-acre lot for drainage purposes, and a 1.59-acre park site lot.
On April 17, 2007, the City Council considered a request to modify Condition of Approval No. 5.13 which stated that “residences within the subdivision shall be limited to single-story residences”. The City Council approved the modification to allow up to 45 of the lots to contain two-story homes.
A condition was also added that required architectural plans to return to City Council for review and approval, which has been reflected in Condition of Approval No. 5.9. A copy of the staff report, applicant’s letter, approval letter and plotting exhibit for this item are attached as Attachment G to this staff report.
The applicant’s current request was submitted on August 17, 2022, and is provided as Attachment F to this staff report, and specifically requests the following modifications:
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3.7 The subdivider is obligated to provide fully improved park space at a ratio of number of lots x 3.2 persons per household x 5 acres per 1,000 population. Said conditions of approval require park improvements and/or fees, and these requirements shall be applicable on a pro- rata basis for this subdivision. The plans for the required park area shall be approved prior to the issuance of the first residential building permit recordation of the final map.
3.16 The minimum net lot size in this subdivision shall be 7,200 square feet. The minimum usable pad depth shall be 90 feet.
4.1 Prior to the issuance of grading permits, the subdivider shall comply with all the following grading conditions:
a. The land divider or developer shall submit five (5) prints of a comprehensive grading plan to the Public Works Director which complies with the Uniform Building Code, Chapter 70, the Beaumont Municipal Code and as may be additionally
provided for in these conditions.
b. A grading permit shall be obtained from the City Public Works Department prior to commencement of any grading.
c. Graded land shall be provided with erosion control measures as approved by the Public Works Director.
d. All residential building pads shall have a minimum depth of 90 feet and pad width of 70 feet exclusive of any slope in excess of two feet in vertical height.
5.13 Residences within the subdivision shall be limited to single story residences.
Staff provided the following modifications to conditions of approval, consistent with the modifications that were approved by the City Council in 2007 , in addition to some clean- up language that is provided in Attachment A to this staff report. The Planning Commission recommended the language to 5.9 to include advertising and notifying surrounding property owners of the City Council meeting to review the architecture.
5.9 A minor plot plan for all residential buildings, garage and accessory buildings shall be submitted to the Planning Director accompanied by 606
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applicable filing fees for a plot plan not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the City of Beaumont. The minor plot plan shall be reviewed and approved by the City Council, per the City Council at the April 17, 2007, City Council meeting. The meeting shall be publicly noticed in a newspaper of general circulation not less than 10 days prior to the hearing, in addition to notifying property owners within a 300-foot radius of the subject property.
The Minor Plot Plan shall require the approval of the Director of Planning City Council prior to issuance of building permits for lots included within the plot plan, including permits for model home complexes. The submittal and approval of plot plans may be phased provided:
5.13 A minimum of 50 Residences residences within the subdivision shall be limited to single-story residences, consistent with the plotting exhibit approved by the City Council on April 17, 2007.
On September 13, 2022, the Planning Commission conducted a public hearing regarding the subject application. The Commission discussed the merits of the application and indicated their concurrence with the requested modifications to Condition 3.7, 3.16 and 4.1.d.
However, a majority of the Planning Commission expressed concern regarding the applicant’s request to delete Condition 5.13 as it was specifically modified by the Council in 2007 and suggested that this condition be discussed by the Council to determine the appropriate action.
As previously mentioned, the Planning Commission is recommending a modification to Condition 5.9, as noted in blue and underlined, to include legal advertising and public hearing notices for the future Plot Plan review by the City Council.
The Planning Commission by a vote 4-0 recommended that the City Council approve the modifications to Conditions 3.7, 3.16, 4.1.d and 5.9, and further consider the deletion of Condition 5.13.
The project setting can also be seen in the following materials attached to this staff report:
General Plan Land Use Map (Attachment C)
Zoning Map (Attachment D)
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Aerial Photograph (Attachment E)
The 29.32-acre site is currently vacant. The property is located in an area which contains single family residences to the east and north, vacant land to the west, and Childhelp is located to the south. The land uses, zoning, and General Plan land use designations of the project site and surrounding area are shown in the following Table.
LAND USE GENERAL PLAN ZONING
PROJECT
SITE Vacant Land Single Family
Residential (SFR)
Residential Single Family
(RSF)
NORTH Single Family
Residences
Single Family
Residential (SFR)
Residential Single Family
(RSF)
SOUTH Childhelp USA County of Riverside County of Riverside EAST
Single Family
Residences
(Seneca Springs)
Single Family
Residential (SFR)
Seneca Springs Specific
Plan (SP)
WEST Vacant Land Urban Village (UV) County of Riverside
Approval Authority:
The Beaumont Municipal Code, Section 16.04.020 designates the Planning Commission as the “advisory agency” charged with reviewing and making recommendations on all proposed parcel map land divisions and tentative subdivisio n maps in the City. Section 16.24.050.A authorizes the Planning Commission to conditionally approval or disapprove all tentative parcel maps and tentative subdivision maps and land divisions and submit to the City Council for final approval.
When a tentative map is required under the Subdivision Map Act (66463.5(a)), an approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval. The Subdivision Map Act does allow for up to four (4) years of extensions subject to approval by the original approving body.
The project was originally approved by the City Council on July 19, 2005.
Subsequently, the City Council granted three (3) one (1) year extensions which would have provided an expiration date of July 19, 2010.
The following California bills also extended the map for seven (7) years in California:
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SB 1185 – Automatic on-year extension (Extension until July 19, 2011) AB 333 – Automatic two-year extension (Extension until July 19, 2013) AB 208 – Automatic two-year extension (Extension until July 19, 2015) AB 116 – Automatic two-year extension (Extension until July 19, 2017)
Therefore, the expiration date for the proposed subdivision is July 19, 2017. The applicant filed an application for a final tract map on April 19, 2017, however the map has not been recorded due to outstanding items including the failure to meet the existing conditions of approval.
On November 17, 2020, the City and applicant entered into a settlement agreement to allow the applicant an additional 60 days in which to record the map with the potential for two (2) additional 60-day extensions.
In February of 2022, a second amendment to the settlement agreement was entered into and provided the applicant until March 12, 2023, to complete its application for a final tract map and cause the recordation of the final tract map.
Public Notice and Communications:
Property owners located within a 300-foot radius of the project site were notified of the public hearing on September 23, 2022, with a 10-day hearing notice in addition to a public notice in the Press Enterprise (see Attachment H). The Planning Department has received one comment email from the public as of the writing of this report, which is attached as Attachment I to this staff report. Any comments received prior to the time of the scheduled City Council hearing will be provided to the Council at the time of the meeting.
CEQA Review:
From the standpoint of the California Environmental Quality Act (CEQA), an Initial Study and Negative Declaration were prepared in 2004 and adopted by City Council on July 19, 2005, determined that although the project could have a significant effect on the environment, there will not be a significant effect in this case . The proposed modifications will not impact the previous analysis.
Fiscal Impact:
The fiscal impact for review, processing and the preparation of the Planning Commission and City Council staff reports is estimated at approximately $1,100. 609
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Recommended Action:
Hold a Public Hearing;
Approve the modifications to the conditions of approval for Tentative Tract Map No. 32850; or
To further modify the conditions of approval for Tentative Tract Map No. 32580; or
To deny the modifications to the conditions of approval for Tentative Tract Map No. 32850.
Attachments:
A. Redlined Conditions of Approval
B. Tentative Tract Map No. 32850
C. General Plan Land Use Designation Map
D. Zoning Map
E. Aerial Photograph
F. Applicant’s letter dated August 16, 2022
G. City Council Minutes, Staff Report, Letters and Plotting for Item 2.C from April 17, 2007
H. Proof of Publication
I. Mary Daniel email dated September 4, 2022
Incorporated herein by Reference:
City of Beaumont General Plan
City of Beaumont Zoning Ordinance
Project Site’s Riverside Conservation Authority Multi-Species Habitat Conservation Plan Informational Map
Contents of City of Beaumont Planning Department Project File Tentative Tract Map No. 32850, TM2022-0009, PLAN2022-0767, Negative Declaration 04-ND- 22, and LAFCO 2005-105-2.
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CITY OF BEAUMONT
SUBDIVISION
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 32850
NEGATIVE DECLARATION NO. 04-ND-22
APN: 421-110-014
BEAUMONT PROPERTIES
1.0 STANDARD CONDITIONS
1.1 The following conditions of approval are for TENTATIVE TRACT NO. 32850, and consist of Conditions 1.1 through 1.8, Conditions 2.1 through 2.6, Conditions 3.1 through
3.17, Conditions 4.1 through 4.15, Conditions 5.l through 5.13, Conditions 6.1 through 6.9; and pages 1 through 10, inclusive.
1.2 The subdivider shall defend, indemnify, and hold harmless the City of Beaumont, its agents, officers, and employees from any claim, action, or proceeding against the City of Beaumont, its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Beaumont, its advisory agencies, appeal boards, or legislative body concerning TENTATIVE TRACT NO. 32850 and Negative Declaration 04-ND-22 which action is brought within the time period provided for in California Government Code, Section 66499.37. The City of Beaumont will promptly notify the subdivider of any such claim, action, or proceeding against the City of Beaumont and will cooperate fully in the defense.
If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Beaumont.
1.3 The subdivision shall comply with the State of California Subdivision Map Act and to all the pertinent requirements of The Beaumont Municipal Code, unless modified by the conditions listed below.
1.4 This conditionally approved tentative map will expire two (2) years after the original approval date, unless extended as provided by the Beaumont Municipal Code, the State Subdivision Map Act or by a development agreement. Action on a minor change and/or revised map request will not extend the time limits of the tentative map. Approval of the tentative map by the City Council will occur on April 5, 2005. The subject map shall expire on March 12, 2023 per the second amendment to the Settlement Agreement entered into in February 2022.
1.5 The final map shall be prepared by a licensed land surveyor or registered civil engineer subject to all the requirements of the State of California Subdivision Map Act and The Beaumont Municipal Code.
ORIGINAL
CITY COUNCIL
APPROVAL DATE:
JULY 15, 2005
PLANNING COMMISSION
DATE:
SEPTEMBER 13, 2022
CITY COUNCIL DATE:
OCTOBER 4, 2022
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TENTATIVE TRACT MAP NO. 32850
Conditions of Approval
1.6 Within ten (10) days of approval by the City Council ten (10) copies of an Amended Per Final Conditions map shall be submitted to and approved by the Planning Director, if determined to be necessary, prior to release of the final conditions of approval. The amended map shall be in substantial conformance with Exhibit B.
1.7 Any subsequent review/approvals required by the conditions of approval, including but not limited to grading, landscaping, plot plan and/or building plan review, shall be reviewed on an hourly basis based on, or such fee as may be in effect at the time of submittal, listed in Ordinance No. 506.
1.8 The subdivider shall be fully responsible for maintenance and upkeep of any and all slopes, landscaped areas, open space areas, future development areas and irrigation systems until such time as maintenance responsibilities are assumed by other as approved by the Planning Director.
2.0 AGENCY CONDITIONS
2.1 The subdivider shall comply with the requirements set forth in the City Public Works Director conditions, a copy of which is attached hereto.
2.2 The subdivider shall comply with the requirements of the Beaumont Police Department.
2.3 The subdivider shall comply with the requirements set forth by the Riverside County Fire Department.
2.4 The subdivider shall comply with the requirements as set forth by the Beaumont-Cherry Valley Water District.
2.5 The subdivider shall comply with the requirements as set forth by the Southern California Gas Company.
2.6 The subdivider shall comply with the requirement as set forth by the Beaumont Unified School District, a copy of which is attached.
3.0 RECORDATION CONDITIONS
Prior to the RECORDATION of any final map, all the following conditions shall be satisfied:
3.1 The subdivider shall submit written clearances to the Public Works Director that all pertinent requirements from the following agencies have been met:
County Fire Department
City Police Department
City Community and Economic Development Department
Beaumont Cherry Valley Water District
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TENTATIVE TRACT MAP NO. 32850
Conditions of Approval
Beaumont Unified School District
3.2 All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Public Works Director. Street names shall be subject to the approval of the Public Works Director. Secondary access shall be offered for dedication and improved from the tract map boundary to a City maintained road as approved by the Public Works Director prior to recordation. The final street sections, configurations and improvements shall be subject to the approval of the Public Works Director.
3.3 All delinquent property taxes, special taxes and assessments shall be paid to the Riverside County Tax Collectors Office.
3.4 Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the Public Works Director.
3.5 No lots fronting on knuckles, or cul-de-sacs shall have less than thirty-five (35) feet of frontage measured at the property line, with the exception of flag lots as approved by the Director of Planning.
3.6 This subdivision may be recorded in phases subject to the following:
a. Phasing, including phase boundaries and sequencing, shall be subject to Planning Director approval.
b. Common open space area improvement phasing, as applicable, shall be required subject to Planning Director approval.
3.7 The subdivider is obligated to provide fully improved park space at a ratio of number of lots x 3.2 persons per household x 5 acres per 1,000 population. Said conditions of approval require park improvements and/or fees, and these requirements shall be applicable on a pro- rata basis for this subdivision. The plans for the required park area shall be approved prior to recordation of the final mapthe issuance of the first residential building permit.
3.8 The subdivider shall convey to the approved landscape maintenance entity fee simple title at no cost to the entity all park and open space areas, free and clear of all liens, taxes, assessment, leases (recorded and unrecorded) and easements, except those easements which in the sole discretion of the entity are acceptable.
3.9 The maintenance and management of common open space areas and common facilities shall be conducted as set forth herein and approved by the Director of Planning. All provisions of said condition shall be satisfied prior to map recordation. 613
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TENTATIVE TRACT MAP NO. 32850
Conditions of Approval
3.10 A hydrology study, to the satisfaction of the Public Works Director, shall be prepared and approved prior to recordation. Said hydrology study shall be based upon methodology which is acceptable to the Riverside County Flood Control and Water Conservation District, and shall address the potential impacts of the project, as well as downstream impacts resulting from the project, and shall identify the level of responsibility of the project in correcting any downstream problems.
3.11 Prior to recordation, the subdivider shall work with the City and the Public Works Director to establish the necessary financing and implementation measures to ensure the provision of a fair share of such necessary facilities.
3.12 A total of 20 final, blue-line, final maps shall be submitted to the Public Works Department for final distribution to the agencies.
3.13 All perimeter walls and/or walls that front streets must be block wall.
3.14 Conditions, Covenants, and Restrictions (CC&R's) may be recorded for this tract by the Subdivider. A note shall be placed on the cover page of said CC&R's which states as follows: "The City of Beaumont shall not be responsible for the enforcement of the CC&R's for Tract No. 32850."
3.15 Prior to recordation of any subdivision map or issuance of any permits, annexation of the site must be approved by the City Council and the Riverside County Local Formation Commission and shall be fully completed.
3.16 The minimum net lot size in this subdivision shall be 7,200 square feet. The minimum usable pad depth shall be 90 feet.
3.17 Manzanita Park Road shall be developed to a divided collector status as specified in the General Plan Circulation Element.
4.0 GRADING CONDITIONS
4.1 Prior to the issuance of GRADING PERMITS, the subdivider shall comply with all the following grading conditions:
a. The land divider or developer shall submit five (5) prints of a comprehensive grading plan to the Public Works Director which complies with the Uniform Building Code, Chapter 70, the Beaumont Municipal Code and as may be additionally provided for in these conditions.
b. A grading permit shall be obtained from the City Public Works Department prior to commencement of any grading.
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Conditions of Approval
c. Graded land shall be provided with erosion control measures as approved by the Public Works Director.
d. All residential building pads shall have a minimum depth of 90 feet and pad width of 70 feet exclusive of any slope in excess of two feet in vertical height.
4.2 Detailed landscaping and irrigation plans shall be submitted to and approved by the Planning Director for the phase of development in process. The plans shall address all areas and aspects of the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, recreation trail, street trees, slope planting, common area and/or park landscaping. The plans shall be certified by a landscape architect, and shall provide for the following:
a. Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Low water use systems shall be specified.
b. Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity.
c. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground wherever feasible.
d. Landscaping plans shall incorporate the use of specimen accent trees (24" box minimum) at key visual focal points within the project.
e. Where street trees cannot be planted within the right-of-way of interior streets and project parkways due to insufficient road right-of-way, they shall be planted outside of the road right-of-way.
f. Landscaping plans shall incorporate native, low water using and drought tolerant plants where appropriate.
g. All specimen trees on the subject property shall be shown on grading plans. Trees intended for retention and/or removal shall be so noted on the project grading plans.
Replacement trees for those to be removed shall also be shown on the project grading plans.
h. All trees shall be minimum double-staked. Weaker and/or slow-growing trees shall be steel-staked.
4.3 Three (3) sets of detailed landscaping and irrigation plans shall be submitted pursuant to the Conditions of Approval with a processing appropriate fee of $500.00 to the Community and Economic Development Department.
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TENTATIVE TRACT MAP NO. 32850
Conditions of Approval
4.4 No grading permits shall be issued for any proposed new structures outside the areas shown on the approved tentative map unless otherwise approved by the Planning Director and the Public Works Director.
4.5 If grading is proposed for five (5) or more acres or is part of a larger project that will disturb five (5) or more acres it shall require a National Pollutant Discharge Elimination System (NPDES) Construction General Permit from the State Water Resources Control Board.
Grading permits shall not be issued until the Public Works Director has determined that the project has complied with the current City requirements for compliance with the NPDES Construction General Permit.
4.6 If the project grading is to be phased, prior to issuance of a grading permit, an overall conceptual grading plan shall be submitted to the Public Works Director and Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following:
a. Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process.
b. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of December through March.
c. Preliminary pad and roadway elevations.
d. Areas of temporary grading outside of a particular phase.
4.7 Driveways shall be designed so as not to exceed a fifteen (15) percent grade.
4.8 The subdivider shall provide evidence to the Public Works Director that all off-site grading areas have recorded grading and drainage easements and that maintenance responsibilities have been assigned as approved by the Public Works Director.
4.9 A qualified paleontologist shall be retained by the subdivider for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist, the City Public Works Director and the grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect, or halt grading activity to allow recovery of fossils. The paleontologist shall submit in writing to the Planning Director the results of the initial consultation and details of the fossil recovery plan if recovery was deemed necessary.
4.10 The subdivider shall pay at his or her sole expense and shall notify the Public Works Director in writing that the appropriate California Department of Fish and Game notification pursuant to Sections 1601/1603 of the California Fish and Game Code has taken place, or obtain an
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TENTATIVE TRACT MAP NO. 32850
Conditions of Approval
"Agreement Regarding Proposed Stream or Lake Alteration" (Section 1601/1603 Permit) should any grading be proposed within or along the banks of any natural watercourse.
Copies of any agreement shall be submitted to the Public Works Director with the notification.
4.11 The subdivider shall pay at his or her sole expense and shall notify the Public Works Director in writing that the alteration of any watercourse or wetland complies with the U.S.
Army Corps of Engineers (Corps) Nationwide Permit Conditions, or obtain a permit under Section 404 of the Clean Water Act should any grading or construction be proposed within or alongside the banks of the any watercourse or wetland where the Corps has jurisdiction.
Copies of any agreements shall be submitted to the Public Works Director along with the notification.
4.12 Grading plans shall be submitted to the Public Works Director for review and approval. The plans shall include an erosion and siltation control element, as necessary, to prevent graded and cleared areas from being eroded, resulting in the transport of sediment into the watercourses and downstream where it may affect downstream properties and habitat.
Approval of the grading plans is required to fulfill monitoring requirements of the California Environmental Quality Act (CEQA).
4.13 Any grading plans proposing grading adjacent to or within the open space lots shall be submitted to the Planning Director for review and approval.
4.14 Lots shall be graded to drain to the street with no cross lot drainage permitted. Lot drainage shall be indicated on all grading plans.
4.15 The subdivider shall submit two (2) copies of a soils report to the Public Works Director.
The report shall address the soils stability and geologic conditions of the site as approved by the Public Works Director.
5.0 BUILDING CONDITIONS
Prior to the issuance of BUILDING PERMITS, all the following conditions shall be satisfied:
5.1 The subdivider shall submit written clearances to the Planning Director that all pertinent requirements from the following agencies have been met:
City Public Works Department
Beaumont Unified School District
Beaumont-Cherry Valley Water District
5.2 A detailed wall and fencing plan shall be submitted to and approved by the Planning Director and shall show all project walls and fencing including, but not limited to, perimeter fencing, side and rear yard fencing, and open space or park fencing. A typical elevation of all walls and fences shall be shown on the wall and fencing plan. Decorative block walls shall be
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Item 15.
TENTATIVE TRACT MAP NO. 32850
Conditions of Approval
constructed along all side yards adjacent to streets and in locations as approved by the Planning Director. The wall plan shall be consistent with the acoustical report and recommendations prepared for the project.
5.3 Roof-mounted mechanical equipment shall not be permitted within the subdivision, however, solar equipment or any other energy saving devices shall be permitted with Planning Director approval.
5.4 Building separation between all buildings shall not be less than ten (10) feet. Fireplaces and media niches when connected to fire places may encroach one (1) foot into the side yard setback. Additional encroachments are allowed as approved by the Planning Director pursuant to an application for a setback adjustment.
5.5 All street side yard setbacks shall be a minimum of ten (10) feet.
5.6 All front yards shall be provided with landscaping and automatic irrigation systems, as approved by the Planning Director.
5.7 Wood fencing shall not be permitted in this subdivision. Acceptable materials include masonry, stucco or vinyl, as approved by the Planning Director.
5.8 All utility connections and easements shall be placed underground and shall not encroach into the driveway area unless otherwise approved by the Public Works Director.
5.9 A minor plot plan for all residential buildings, garages and accessory buildings shall be submitted to the Planning Director accompanied by applicable filing fees for a plot plan not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the City of Beaumont. The minor plot plan shall be reviewed and approved by the City Council, per the City Council at the April 17, 2007, City Council meeting. The meeting shall be publicly noticed in a newspaper of general circulation not less than 10 days prior to the hearing, in addition to notifying property owners within a 300-foot radius of the subject property. The minor plot plan shall contain the following elements:
a. A final site plan (1"=30' minimum scale precise grading plan) showing all lots, building footprints, setbacks, walls, fencing, the floor plan and elevations of individual lots.
b. One (1) color and materials sample board containing precise color texture and material swatches or photographs (which may be from supplier's brochures).
Indicate on the sample board the name, address and phone number of the preparer and the project applicant, the tract number, and the manufacturer and product numbers when feasible (trade names also acceptable).
c. One (1) set of architectural elevations colored to represent the selected color combinations, with symbols keyed to the color and materials sample board. Brief written color and material descriptions shall be located on the colored elevations. 618 Item 15.
TENTATIVE TRACT MAP NO. 32850
Conditions of Approval
No landscaping or other enhancements shall be shown on the elevations. Enhanced or upgraded rear and side facing architectural features shall be included for dwelling units adjacent to and visible from public roadways.
d. Five (5) sets of photographic or color laser prints (8 X 10 in.) of the sample board and colored elevations shall be submitted for permanent filing.
The Minor Plot Plan shall require the approval of the Director of PlanningCity Council prior to issuance of building permits for lots included within the plot plan, including permits for model home complexes. The submittal and approval of plot plans may be phased provided:
a. A subdivision phasing plan has been submitted to and approved by the Planning Director and Public Works Director.
b. A separate plot plan shall be submitted to the Planning Director for each approved tract phase accompanied by the appropriate filing fees.
5.10 All residential units shall be served by a minimum of two access points at all times, for proper circulation and emergency vehicle ingress and egress, as approved by the Fire Department.
5.11 All residential and commercial structures shall be provided with “four-sided” architectural features. With respect to residential structures, this may take the form of edge trim on all exterior doors or windows, or other methods as approved by the Planning Director.
5.12 All residences must have illuminated address numbers.
5.13 A minimum of 50 Residences residences within the subdivision shall be limited to single- story residences, consistent with the plotting exhibit approved by the City Council on April 17, 2007.
6.0 FINAL INSPECTION/OCCUPANCY CONDITIONS
Prior to the FINAL BUILDING INSPECTION or issuance of OCCUPANCY PERMITS, which ever occurs first, all the following conditions shall be satisfied:
6.1 Decorative block and sound walls shall be constructed along all external tract boundaries subject to the approval of the Public Works Director and Planning Director. A graffiti resistant coating or landscaping shall be provided on all block walls.
6.2 All walls and fences shall be constructed subject to the approval of the Planning Director.
6.3 Wall and fence locations shall conform to the approved wall fencing plan and approved landscape and irrigation plans.
6.4 All landscaping and irrigation shall be installed in accordance with approved plans. If the seasonal conditions do not permit planting, interim landscaping, and erosion control measures shall be utilized as approved by the Planning Director and the Public Works 619 Item 15.
TENTATIVE TRACT MAP NO. 32850
Conditions of Approval
Director.
6.5 A licensed landscape architect shall provide a Compliance Letter to the Planning Director and the Public Works Director stating that the landscape and irrigation system has been installed in compliance with the approved landscaping and irrigation plans and conditions of approval. The Compliance Letter shall be submitted at least three (3) working days prior to any final building inspection or issuance of any occupancy permits, whichever occurs first.
6.6 All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by a City field inspection at the direction of the Planning Director.
6.7 All driveways shall be concrete paved.
6.8 The required park facilities shall be completed and issued a final building permit inspection consistent with the phasing schedule to be developed in the implementation of the Recordation Conditions set forth herein.
6.9 The subdivider shall submit to the Planning Director a duly and completely executed agreement with a CFD or other maintenance entity approved by the Planning Director which demonstrates to the satisfaction of the City Attorney, Planning Director and Public Works Director that the subdivider has provided for the dedication and maintenance of landscaping, irrigation and open space areas. Model homes shall be exempt from this condition.
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Industrial
High Density Residential
Traditional Neighborhood
Single Family Residential
Rural Residential 40
Urban Village
General Commercial
Public Facilities
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San Bernardino County, Maxar | RCIT GIS, LAFCO | RCIT | Riverside County Assessor / RCIT | 622
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*IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS
Legend
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TM2022-0009 32850 COA Mod CC - Page 2 of 2
631
Item 15.
From:Mary Daniel
To:Carole Kendrick
Subject:Tentative tract map 32850
Date:Sunday, September 04, 2022 3:21:10 PM
Thank you for sending this information -- you are absolutely right it does affect our property when 95 houses are planned for our property line, so we appreciate the heads up. I have several questions.
I don't know if you are aware but this project was first planned back in 2005 when the criminals were in charge of Beaumont. They were okaying anything and everything and these 95 houses were approved at that time although never completed. (One problem was that the developers never realized that there is a major gas line going thru that property. We brought this to the attention of the Planning Department after they had a tract map that had houses built on top of that line! We knew about the pipe line because it goes thru our property also.
Hopefully these new developers know that.) The original tract map was extended 3 times until 2010 and then because of assembly bills the expiration of that TTM was July 19, 2017..
Has it been renewed or re-approved since then? If so, we received no notification of that fact.
Isn't there a limitation on extensions and shouldn't this be considered a new project? Entitlements shouldn't be allowed to last forever should they? The second question is the Will Serve letter from the Beaumont CV water district. Are those also good forever? Especially in this time of great drought -- and with 2000 or so houses already approved but not yet built in Beaumont -- is this the time to add more houses? A final question is concerning the Condition of Approval that this developer wants to amend.
Is it the one that says that only one story houses can be built on this property? This item was a Condition of Approval because of the viewshed of Mt San Jacinto that these houses would obscure if they were those huge boxy 2 story houses that were going up all over Beaumont at the time. Another Condition of Approval was that the minimum lot size was to be 7,200 square feet. This condition was also because of the viewshed and to take into consideration that urban sprawl should not be allowed to infest the more rural aspects of south Beaumont, Both of these conditions were discussed and debated by the City Council at the time and it was agreed that this particular area of Beaumont should be different -- because it is different -- and thus single story houses were made a Condition of Approval.
Now if this developer says that the houses in the development right next door are two story -- they didn't start out that way. When building first started, they were supposed to be 1 1/2 story, but somewhere along the line when that developer went kaput and another came in -- that requirement was lost in the shuffle and the remaining houses became 2-story. Remember this was around 2011 and the economy was such that these houses were originally built to be rentals.
I'm giving you this background because you are probably not aware of the discussions that were held to try and keep the south of Beaumont relatively rural and the reasons that the Condition of Approval for single story houses and larger lots was made. I'm sure these new developers are from out of the area and cannot understand why they shouldn't be allowed to build whatever will give them the most return on their investment. But I think they need to be made aware of these things.
632
Item 15.
Again thank you for keeping us in the loop. I will be in touch. Would you please send me the agenda with the packet information when it becomes available? Thank you, Mary Daniel, (951)845-1475
.
633
Item 15.
Staff Report
TO: City Council
FROM: Thaxton Van Belle, General Manager of Utilities
DATE October 4, 2022
SUBJECT: Presentation of Tesla Commercial Energy Battery Energy Storage System for Emergency Backup and Peak Shaving
Background and Analysis:
The City of Beaumont staff has been working with Tesla to install Battery Energy Storage Systems (BESS) at several wastewater facilities. The installation of the BESS will provide emergency backup power during Public Safety Power Shutoff (PSPS) events by Southern California Edison and reduce power consumption during peak hours to reduce energy costs.
634
Item 16.
City staff worked to secure grant money through the California Self-Generation Incentive Program (SGIP), Energy Resiliency tier, so there are no installation, equipment or annual service costs to the City.
A recent system analysis (attached) lists the equipment value at $511,987 and projects annual energy savings of $13,524; or $312,417 over 20 years.
Fiscal Impact:
There is no installation, equipment, or annual service cost to the City. The Wastewater Fund will receive $511,987 in capital assets and a potential of $13,524 in energy savings to the wastewater operating budget annually. The cost to prepare this report is $240.
Recommended Action:
Receive and file this report.
Attachments:
A. Telsa Savings Analysis – August 2022
B. SGIP Informational Brochure
635
Item 16.
Your Tesla contact: Lee Murakami
[email protected] | (650) 533-4441
SAVINGS ANALYSIS – REFRESH – AUGUST 2022
TESLA COMMERCIAL ENERGY
We take a long-term approach to ensure your energy storage system provides maximum performance, simplified integration and all-weather capabilities. You have peace of mind knowing that Tesla has successfully deployed 2.5 million kilowatts of solar and 2 million kilowatt hours of energy storage around the world.
City of Beaumont – Lower Oak Valley Pump Station
11246 Palmer Ave, Beaumont, CA 92223
636
Item 16.
Your Tesla contact: Lee Murakami
[email protected] | (650) 533-4441
SAVINGS ANALYSIS – REFRESH – AUGUST 2022
ENERGY STORAGE SYSTEM RATINGS
Battery Output Rating 140 kW
Battery Size (3 Powerpacks) 696 kWh
Battery Value $511,987
Total Project Cost $0
Fully Charged Duration 48.6 hours
Average Duration 24.3 hours
Additional Information
• Powerpack equipment has limited availability, project will be put on a product waitlist 637
Item 16.
Your Tesla contact: Lee Murakami
[email protected] | (650) 533-4441
SAVINGS ANALYSIS – REFRESH – AUGUST 2022
PROPOSED SAVINGS PROJECTIONS
Battery Energy Storage System Savings
Estimated Annual
Electricity Savings
Estimated Long Term
Electricity Savings
10 Year Value $144,678
20 Year Value $312,417
Additional Information
• Specific site/project specifics will need to be confirmed as part of the Site Survey & Permitting Process • Based on your updated load profile & current SCE rate tariffs, we now recommend that you switch to SCE TOU-PA-2-E to increase your savings with storage
• Savings calculations include optional Grid Services revenue 638
Item 16.
Your Tesla contact: Lee Murakami
[email protected] | (650) 533-4441
SAVINGS ANALYSIS – REFRESH – AUGUST 2022
POTENTIAL POWERPACK LOCATION
639
Item 16.
Self-Generation
Incentive Program (SGIP)
Energy Storage Rebates for
Facilities Available NOW!
What is SGIP?
The Self-Generation Incentive Program (SGIP)
is a California Public Utilities Commission
(CPUC)program that offers rebates for
installing energy storage technology at your
facility. These storage technologies include battery
storage systems that can function in the event of a
power outage.
What are the benefits of energy
storage for your facility?
• If you already have solar panels on your roof,
you can store excess solar energy and use it
when the sun is not out.
• The technology allows a facility to store power
from solar panels or the grid and utilize
that power in the event of a power outage.
Depending on the battery, this could last
several hours, or longer.
• Battery storage can be an important
component of a more robust emergency
preparedness plan in the event of a power
outage.
Am I eligible for SGIP rebates?
Any non-residential customer of Pacific Gas and
Electric Company (PG&E), Southern California
Edison (SCE), Southern California Gas Company
(SoCalGas), or San Diego Gas & Electric (SDG&E)
is eligible for a General Market SGIP rebate of
approximately $350/kilowatt-hour, which means
the rebate covers approximately 35 percent of the
cost of an average energy storage system.
There are two additional categories of higher SGIP
rebates for non-residential customers: Equity and
Equity Resiliency.
EQUITY EQUITY RESILIENCY
Rebate Rate: $850/kilowatt-hour Rebate Rate: $1,000/kilowatt-hour Rebate covers approximately 85 percent
of the cost of an average energy storage system.
Rebate covers close to 100 percent
of the cost of an average energy storage system.
To be eligible you must meet the
following criteria:
To be eligible you must meet the
following criteria:
1. Be a government agency, educational institution,
non-profit organization, or small business.
AND
2. Be located in a Disadvantaged Community (DAC).*
OR
Be located in a census tract with Median Household
Income below 80 percent of Statewide Median Income.†
OR
Be located anywhere in California Indian Country.
1. You have experienced two or more utility Public
Safety Power Shut-offs (PSPS) OR be located in a
Tier 2 or 3 High Fire Threat District (HFTD)‡ AND
serve customers that are in DACs* or Low Income
Communities.
AND
2. You must also meet one of the following
additional criteria:
• Be a police station; fire station; emergency
response provider; emergency operations center;
911 call center; medical facility; private and
public natural gas, electric, water, wastewater,
or flood facility; jail or prison; utility designated
PSPS assistance center; cooling center; homeless
shelter.
• Be a grocery store, supermarket, or corner store
with less than $15 million in annual gross receipts.
• Be an Independent Living Center or a Food Bank.
*To learn if you are in a DAC, please visit https://bit.ly/2VCyKMw † To learn if you are in an 80 percent MHI census tract, please visit https://bit.ly/3lnudaW ‡ To learn if you are in a HFTD, please visit https://ia.cpuc.ca.gov/firemap/ 640
Item 16.
How does the rebate for SGIP
work? How much is it worth?
Depending on which category you are eligible for,
you can receive $850 per kilowatt-hour under
the Equity Category or $1,000 per kilowatt-
hour under the Equity Resilience Category.
Both of these amounts would mean an energy
storage system for your facility could be nearly free.
This includes both the cost of the technology and
the installation.
It is important to note that the rebate comes
after the application process is complete and
the technology is installed. However, some
installers may be able to front the cost for you.
Please be sure to mention this to the installer
during initial discussions.
Do I have to have solar to be
eligible for SGIP?
No, you do not have to have a solar system in
order to get energy storage technology installed at
your facility. It is important to note that having
solar will enable your battery to last longer during
an outage because it can recharge during the day,
even if the grid is down.
How do I get started?
For the most part, a professional installer will
work with you to apply for the SGIP rebate
and install the technology in your facility.
Additionally, your local Program Administrator
can help walk you through the process.
1 Do a little local research. What battery
storage installers operate in your area?
Which have the best reviews and reputation?
2 Reach out to installers to confirm which
SGIP category you qualify for and what
technology may be best for your facility.
3 Work with the installer to
complete the application process
and install the technology.
If you have additional questions,
contact your local Program Administrator.
4 Who do I call if I want
to learn more?
Contact your local Program Administrator if you
still have questions and want more information
about SGIP. Your Program Administrator depends
on who your utility is:
PG&E
Website: www.pge.com/sgip
Email: [email protected]
SCE
Website: www.sce.com/SGIP
Email: [email protected]
SoCalGas
Website: www.socalgas.com/for-
your-business/power-generation/
self-generation-incentive
Email: [email protected]
SDG&E (via Center for Sustainable Energy)
Website: www.energycenter.org/self-generation-
incentive-program
Email: [email protected]
For more information about
the CPUC and SGIP, please visit:
• CPUC Decision authorizing new
SGIP Incentives (D.20-01-021:
https://bit.ly/32KeAli) .
• CPUC SGIP website with more details
about the program: www.cpuc.ca.gov/sgip .
• Statewide SGIP website: www.selfgenca.com .
505 Van Ness Avenue
San Francisco, CA 94102
415-703-2782
800-848-5580 (Toll Free)641
Item 16.
Staff Report
TO: City Council
FROM: Elizabeth Gibbs, City Manager
DATE October 4, 2022
SUBJECT: Community Facilities District Program Update Regarding the Defeasance of the 1994 Local Agency Revenue Bonds, Series A and Series B
Background and Analysis:
Over the past several years the City has implemented measures to reduce special tax rates for all applicable Improvement Areas (IAs) of Community Facility District (CFD) No. 93-1 and newer CFDs. Historically, the reduction in special tax rates has been accomplished through two forms i) bond refinancing, and ii) new money bond issuances which are considered the final series of bonds for CFDs/IAs.
For Fiscal Year (FY) 2022-23 the City and finance team reviewed funds available to defease the outstanding 1994 Local Agency Revenue Bonds Series A and Series B (the “Bonds”). These funds included only funds associated with the Bonds, such as local obligation Special Tax Funds and Authority held Reserve Funds. As a result, a special tax levy was not required to be enrolled for FY 2022-23 with respect to the local obligations of the Bonds (CFD 93-1 Improvement Area’s 1, 2, 4 and 5). Cumulatively, this led to a savings of approximately $863,781 across 1,066 parcels in those 4 IAs in FY 2022-23. Also, the early defeasance allows for a savings of $56,950 in interest that would have otherwise been due on the bonds.
Fiscal Impact:
The fiscal impact on the City's general fund is indirect, as the administration and maintenance portions of assessments collected are the funding source for the administration of the CFD processes and maintenance of the various applicable geographic regions.
Recommended Action:
Receive and file report.
642
Item 17.
Attachments:
A. Outstanding Bonds Maturity Date by District
643
Item 17.
Fund
Number District Name Parcels (for FY 22-23) Maturity Date Years to
Maturity
68-2111 CFD No. 93-1 IA 3 511 2032 10
68-2183 CFD No. 93-1 IA 6A1 953 2035 13
68-1811 CFD No. 93-1 IA 7A1 485 2045 23
68-2139 CFD No. 93-1 IA 7B 232 2039 17
68-2146 CFD No. 93-1 IA 7C 318 2039 17
68-2179 CFD No. 93-1 IA 7D 296 2048 26
68-2127 CFD No. 93-1 IA 8 944 2032 10
68-2136 CFD No. 93-1 IA 8A 408 2035 13
68-2140 CFD No. 93-1 IA 8B 192 2037 15
68-2141 CFD No. 93-1 IA 8C 686 2042 20
68-2147 CFD No. 93-1 IA 8D 279 2039 17
68-2104 CFD No. 93-1 IA 8E 372 2048 26
68-2162 CFD No. 93-1 IA 8F 294 2050 28
68-2116 CFD No. 93-1 IA 9 69 2032 10
68-2117 CFD No. 93-1 IA 10 146 2032 10
68-2118 CFD No. 93-1 IA 11 140 2032 10
68-2119 CFD No. 93-1 IA 12 106 2032 10
68-2122 CFD No. 93-1 IA 14 1899 2032 10
68-2181 CFD No. 93-1 IA 14A 1251 2033 11
68-2182 CFD No. 93-1 IA 14B 310 2037 15
68-2134 CFD No. 93-1 IA 16 240 2034 12
68-2131 CFD No. 93-1 IA 17A 484 2034 12
68-2142 CFD No. 93-1 IA 17B 388 2042 20
68-2144 CFD No. 93-1 IA 17C 215 2048 26
68-2132 CFD No. 93-1 IA 18 193 2034 12
68-2135 CFD No. 93-1 IA 19A 542 2035 13
68-2137 CFD No. 93-1 IA 19C 667 2036 14
68-2143 CFD No. 93-1 IA 20 106 2035 13
68-1818 CFD No. 2016-1 372 2049 27
68-0045 CFD No. 2016-2 527 2049 27
68-0047 CFD No. 2016-4 346 2049 27
68-0209 CFD No. 2019-1 118 2050 28
Total 14,089
EXHIBIT A
Outstanding Bonds Maturity Date by District
644
Item 17.
CFD Program
Update
October 4, 2022
645
Item 17.
Update to Changes this Year
In addition to:
FY 2022-23 Enrolled vs. Maximum Rates
•Savings of $495,732.26
•29 IAs and 8 CFDs
•14,148 Parcels
New Update:
Defeasance of Remaining 1994 Series A Bonds
•Savings of approximately $863,781
•$56,950 Interest Savings due to early defeasance
•4 IAs (IA’s 1, 2, 4, and 5)
•1,066 Parcels
646
Item 17.
Updated Savings Summary for
Changes this Year
Savings in Services Special Tax
93%
7%
Defeasance of 1994 Series A Bonds
1,066 Parcel Count14,148 Parcel Count
647
Item 17.
Aggregate Prior Years Savings Summary
13,113 Parcel CountPay-Go Reduction
10,098 Parcel CountRefinancing
574 Parcel Count
No Changes
CFD Total Parcel Count –14,717
Totals above intentionally do not add up to CFD Total. Parcels may be counted in more than one category. 4%69%
89 %
7 %
Defeasances
1,077 Parcel Count
Savings in Services
Special Tax
93%
14,148 Parcel Count
648
Item 17.
FY 2022-2023 CFD Annual Levy
August 2, 2022649
Item 17.
Staff Report
TO: City Council
FROM: Kyle Warsinski, Economic Development Manager
DATE October 4, 2022
SUBJECT: Retail Market Analysis Update
Background and Analysis:
The City of Beaumont’s Economic Development Strategic Plan (EDSP) was approved in August 2019 and provides a blueprint for attracting targeted new development and business investment, creating jobs, and contributing to the City’s long-term fiscal health.
The EDSP identifies key industries to be the focus of Beaumont’s business retention, expansion, and attraction efforts and includes action on closely related issues such as infrastructure, land use and workforce development. One of the key action items within the EDSP is industry targeting both for job creators an d local serving businesses. The latter consists of retailers which provide the goods and services Beaumont residents have come to expect in their community.
On December 15, 2020, City Council approved a contract with The Retail Coach to perform a retail market analysis and to assist staff in the recruitment of retailors. The work involved conducting a site assessment of the City’s market trade area and profile the customer’s buying habits, and lifestyle characteristics. The results of the assessment will be used to guide the City in its efforts to grow the retail sector. These results can also be used to shape and refine City goals and policies over the long term.
The retail market analysis work was completed and presented to City Council in May 2021. The Retail Coach has updated the following documents for 2022, which have been attached for review.
• City of Beaumont demographic dataset
• Primary retail trade area demographic dataset
• Primary retail trade area retail demand outlook
In addition to performing the Retail Market Analysis and providing annual updates, The Retail Coach is also contracted to aid in the City’s Business attraction efforts.
650
Item 18.
Key areas of focus are:
Recruiting National and Regional Retailers
Developer Recruitment
Franchisee Recruitment
Attend National and Regional Conferences and events to further these efforts Downtown Beaumont – Retail and Restaurant Attraction (under development)
The 2022 Market Analysis Data (Attachment A) and the presentation (Attachment B) from The Retail Coach provide an update to the 2021 data.
Fiscal Impact:
The work contained within this report is part of the contract amount. The annual cost of the contract for the second year is not to exceed $31,508.
Recommended Action:
Receive and file the report.
Attachments:
A. 2022 Market Analysis Data
B. Presentation – The Retail Coach update
651
Item 18.
800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI Primary Retail Trade Area
Demographic Profile
BEAUMONT, CALIFORNIA
Prepared for City of Beaumont, CA
January 2022
652
Item 18.
2800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI City of Beaumont, CA
Kyle Warsinski
Economic Development Manager
550 East 6th Street
Beaumont, California 92223
Phone 951.769.8527
[email protected]
BeaumontCA.gov
Primary Retail Trade Area
Prepared for:
653
Item 18.
3800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI DESCRIPTION DATA %
Population
2027 Projection 162,849
2022 Estimate 156,884
2010 Census 136,730
2000 Census 93,278
Growth 2022 - 2027 3.80%
Growth 2010 - 2022 14.74%
Growth 2000 - 2010 46.58%
2022 Est. Population by Single-Classification Race 156,884 White Alone 103,340 65.87%
Black or African American Alone 7,931 5.05%
Amer. Indian and Alaska Native Alone 2,724 1.74%
Asian Alone 9,098 5.80%
Native Hawaiian and Other Pacific Island Alone 351 0.22% Some Other Race Alone 24,507 15.62%
Two or More Races 8,934 5.70%
2022 Est. Population by Hispanic or Latino Origin 156,884 Not Hispanic or Latino 91,941 58.60%
Hispanic or Latino 64,944 41.40%
Mexican 56,313 86.71%
Puerto Rican 859 1.32%
Cuban 391 0.60%
All Other Hispanic or Latino 7,380 11.36%
2022 Est. Hisp. or Latino Pop by Single-Class. Race 64,944 White Alone 33,828 52.09%
Black or African American Alone 532 0.82%
American Indian and Alaska Native Alone 1,222 1.88%
Asian Alone 328 0.51%
Native Hawaiian and Other Pacific Islander Alone 48 0.07% Some Other Race Alone 24,303 37.42%
Two or More Races 4,683 7.21%
2022 Est. Pop by Race, Asian Alone, by Category 9,098
Chinese, except Taiwanese 1,342 14.75%
Filipino 3,288 36.14%
Japanese 302 3.32%
Asian Indian 744 8.18%
Korean 1,014 11.15%
Vietnamese 302 3.32%
Cambodian 179 1.97%
Hmong 656 7.21%
Laotian 241 2.65%
Thai 197 2.16%
All Other Asian Races Including 2+ Category 833 9.16%
DESCRIPTION DATA %
2022 Est. Population by Ancestry 156,884
Arab 107 0.07%
Czech 273 0.17%
Danish 564 0.36%
Dutch 1,806 1.15%
English 10,047 6.40%
French (except Basque)2,457 1.57%
French Canadian 638 0.41%
German 13,164 8.39%
Greek 254 0.16%
Hungarian 486 0.31%
Irish 9,771 6.23%
Italian 5,829 3.72%
Lithuanian 103 0.07%
United States or American 4,632 2.95%
Norwegian 1,331 0.85%
Polish 1,613 1.03%
Portuguese 578 0.37%
Russian 810 0.52%
Scottish 1,532 0.98%
Scotch-Irish 799 0.51%
Slovak 67 0.04%
Subsaharan African 1,477 0.94%
Swedish 1,273 0.81%
Swiss 123 0.08%
Ukrainian 246 0.16%
Welsh 632 0.40%
West Indian (except Hisp. groups)223 0.14%
Other ancestries 76,150 48.54%
Ancestry Unclassified 19,900 12.69%
2022 Est. Pop Age 5+ by Language Spoken At Home
Speak Only English at Home 103,271 70.19%
Speak Asian/Pacific Island Language at Home 4,994 3.39% Speak IndoEuropean Language at Home 2,376 1.61%
Speak Spanish at Home 35,159 23.89%
Speak Other Language at Home 1,337 0.91%
Primary Retail Trade Area • Demographic Profile
Beaumont, California
654
Item 18.
4800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI DESCRIPTION DATA %
2022 Est. Population by Age 156,884
Age 0 - 4 9,747 6.21%
Age 5 - 9 9,819 6.26%
Age 10 - 14 10,302 6.57%
Age 15 - 17 6,246 3.98%
Age 18 - 20 5,712 3.64%
Age 21 - 24 7,683 4.90%
Age 25 - 34 19,860 12.66%
Age 35 - 44 19,064 12.15%
Age 45 - 54 17,035 10.86%
Age 55 - 64 18,005 11.48%
Age 65 - 74 17,799 11.35%
Age 75 - 84 11,247 7.17%
Age 85 and over 4,366 2.78%
Age 16 and over 124,966 79.65%
Age 18 and over 120,770 76.98%
Age 21 and over 115,058 73.34%
Age 65 and over 33,412 21.30%
2022 Est. Median Age 39.67
2022 Est. Average Age 41.01
2022 Est. Population by Sex 156,884
Male 76,621 48.84%
Female 80,263 51.16%
DESCRIPTION DATA %
2022 Est. Male Population by Age 76,621
Age 0 - 4 5,006 6.53%
Age 5 - 9 5,013 6.54%
Age 10 - 14 5,310 6.93%
Age 15 - 17 3,196 4.17%
Age 18 - 20 2,971 3.88%
Age 21 - 24 3,975 5.19%
Age 25 - 34 10,129 13.22%
Age 35 - 44 9,379 12.24%
Age 45 - 54 8,347 10.89%
Age 55 - 64 8,580 11.20%
Age 65 - 74 8,014 10.46%
Age 75 - 84 4,896 6.39%
Age 85 and over 1,805 2.36%
2022 Est. Median Age, Male 37.80
2022 Est. Average Age, Male 39.96
2022 Est. Female Population by Age 80,263
Age 0 - 4 4,742 5.91%
Age 5 - 9 4,807 5.99%
Age 10 - 14 4,991 6.22%
Age 15 - 17 3,051 3.80%
Age 18 - 20 2,740 3.41%
Age 21 - 24 3,707 4.62%
Age 25 - 34 9,731 12.12%
Age 35 - 44 9,685 12.07%
Age 45 - 54 8,687 10.82%
Age 55 - 64 9,425 11.74%
Age 65 - 74 9,785 12.19%
Age 75 - 84 6,352 7.91%
Age 85 and over 2,560 3.19%
2022 Est. Median Age, Female 41.49
2022 Est. Average Age, Female 42.04
Primary Retail Trade Area • Demographic Profile
Beaumont, California
655
Item 18.
5800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI DESCRIPTION DATA %
2022 Est. Pop Age 15+ by Marital Status
Total, Never Married 38,618 30.40%
Males, Never Married 20,607 16.22%
Females, Never Married 18,012 14.18%
Married, Spouse present 58,281 45.89%
Married, Spouse absent 7,345 5.78%
Widowed 9,046 7.12%
Males Widowed 1,991 1.57%
Females Widowed 7,056 5.55%
Divorced 13,726 10.81%
Males Divorced 5,467 4.30%
Females Divorced 8,259 6.50%
2022 Est. Pop Age 25+ by Edu. Attainment
Less than 9th grade 6,006 5.59%
Some High School, no diploma 8,046 7.49%
High School Graduate (or GED)31,474 29.31%
Some College, no degree 26,163 24.37%
Associate Degree 11,163 10.40%
Bachelor’s Degree 15,571 14.50%
Master’s Degree 6,800 6.33%
Professional School Degree 1,240 1.15%
Doctorate Degree 911 0.85%
2022 Est. Pop Age 25+ by Edu. Attain., Hisp./Lat.
No High School Diploma 8,791 23.81%
High School Graduate 11,462 31.05%
Some College or Associate’s Degree 11,472 31.07%
Bachelor’s Degree or Higher 5,192 14.06%
Households
2027 Projection 57,247
2022 Estimate 55,219
2010 Census 48,428
2000 Census 34,320
Growth 2022 - 2027 3.67%
Growth 2010 - 2022 14.02%
Growth 2000 - 2010 41.11%
2022 Est. Households by Household Type 55,219
Family Households 39,516 71.56%
Nonfamily Households 15,704 28.44%
2022 Est. Group Quarters Population 2,566
2022 Households by Ethnicity, Hispanic/Latino 16,989
DESCRIPTION DATA %
2022 Est. Households by Household Income 55,219
Income < $15,000 4,773 8.64%
Income $15,000 - $24,999 3,558 6.44%
Income $25,000 - $34,999 4,055 7.34%
Income $35,000 - $49,999 6,055 10.97%
Income $50,000 - $74,999 8,422 15.25%
Income $75,000 - $99,999 7,103 12.86%
Income $100,000 - $124,999 5,914 10.71%
Income $125,000 - $149,999 4,959 8.98%
Income $150,000 - $199,999 5,189 9.40%
Income $200,000 - $249,999 2,554 4.62%
Income $250,000 - $499,999 1,923 3.48%
Income $500,000+715 1.29%
2022 Est. Average Household Income $100,060
2022 Est. Median Household Income $77,431
2022 Median HH Inc. by Single-Class. Race or Eth.
White Alone $75,674
Black or African American Alone $87,103
American Indian and Alaska Native Alone $75,865
Asian Alone $95,651
Native Hawaiian and Other Pacific Islander Alone $60,728 Some Other Race Alone $75,646
Two or More Races $83,735
Hispanic or Latino $77,077
Not Hispanic or Latino $77,600
2022 Est. Family HH Type by Presence of Own Child.39,516 Married-Couple Family, own children 12,138 30.72%
Married-Couple Family, no own children 17,547 44.41%
Male Householder, own children 1,622 4.11%
Male Householder, no own children 1,441 3.65%
Female Householder, own children 3,435 8.69%
Female Householder, no own children 3,332 8.43%
2022 Est. Households by Household Size 55,219
1-person 12,753 23.09%
2-person 17,786 32.21%
3-person 8,677 15.71%
4-person 7,420 13.44%
5-person 4,549 8.24%
6-person 2,290 4.15%
7-or-more-person 1,744 3.16%
2022 Est. Average Household Size 2.80
Primary Retail Trade Area • Demographic Profile
Beaumont, California
656
Item 18.
6800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI DESCRIPTION DATA %
2022 Est. Households by Presence of People Under 18 55,219 Households with 1 or More People under Age 18:19,691 35.66% Married-Couple Family 13,316 67.62%
Other Family, Male Householder 1,948 9.89%
Other Family, Female Householder 4,257 21.62%
Nonfamily, Male Householder 114 0.58%
Nonfamily, Female Householder 55 0.28%
Households with No People under Age 18:35,528
Married-Couple Family 16,367 46.07%
Other Family, Male Householder 1,115 3.14%
Other Family, Female Householder 2,503 7.04%
Nonfamily, Male Householder 6,535 18.39%
Nonfamily, Female Householder 9,009 25.36%
2022 Est. Households by Number of Vehicles 55,219
No Vehicles 2,674 4.84%
1 Vehicle 15,666 28.37%
2 Vehicles 19,474 35.27%
3 Vehicles 10,984 19.89%
4 Vehicles 3,919 7.10%
5 or more Vehicles 2,501 4.53%
2022 Est. Average Number of Vehicles 2.1
Family Households
2027 Projection 40,968
2022 Estimate 39,516
2010 Census 34,603
2000 Census 24,154
Growth 2022 - 2027 3.67%
Growth 2010 - 2022 14.20%
Growth 2000 - 2010 43.26%
2022 Est. Families by Poverty Status 39,516
2022 Families at or Above Poverty 36,180 91.56%
2022 Families at or Above Poverty with Children 16,680 42.21% 2022 Families Below Poverty 3,336 8.44%
2022 Families Below Poverty with Children 1,854 4.69%
2022 Est. Pop 16+ by Employment Status
Civilian Labor Force, Employed 65,991 52.81%
Civilian Labor Force, Unemployed 3,483 2.79%
Armed Forces 85 0.07%
Not in Labor Force 55,407 44.34%
DESCRIPTION DATA %
2022 Est. Civ. Employed Pop 16+ by Class of Worker 64,916 For-Profit Private Workers 42,575 65.58%
Non-Profit Private Workers 4,143 6.38%
Local Government Workers 1,132 1.74%
State Government Workers 2,855 4.40%
Federal Government Workers 8,475 13.06%
Self-Employed Workers 5,664 8.73%
Unpaid Family Workers 72 0.11%
2022 Est. Civ. Employed Pop 16+ by Occupation 64,916
Architect/Engineer 601 0.93%
Arts/Entertainment/Sports 932 1.44%
Building Grounds Maintenance 2,475 3.81%
Business/Financial Operations 2,463 3.79%
Community/Social Services 1,259 1.94%
Computer/Mathematical 1,083 1.67%
Construction/Extraction 4,039 6.22%
Education/Training/Library 4,599 7.08%
Farming/Fishing/Forestry 463 0.71%
Food Prep/Serving 3,156 4.86%
Health Practitioner/Technician 5,538 8.53%
Healthcare Support 2,880 4.44%
Maintenance Repair 2,536 3.91%
Legal 353 0.54%
Life/Physical/Social Science 572 0.88%
Management 4,950 7.62%
Office/Admin. Support 6,873 10.59%
Production 2,648 4.08%
Protective Services 2,338 3.60%
Sales/Related 7,190 11.08%
Personal Care/Service 1,684 2.59%
Transportation/Moving 6,284 9.68%
2022 Est. Pop 16+ by Occupation Classification 64,916
White Collar 36,412 56.09%
Blue Collar 15,508 23.89%
Service and Farm 12,996 20.02%
2022 Est. Workers Age 16+ by Transp. to Work 63,398
Drove Alone 52,814 83.31%
Car Pooled 5,209 8.22%
Public Transportation 511 0.81%
Walked 723 1.14%
Bicycle 38 0.06%
Other Means 1,633 2.58%
Worked at Home 2,469 3.89%
Primary Retail Trade Area • Demographic Profile
Beaumont, California
657
Item 18.
7800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI DESCRIPTION DATA %
2022 Est. Workers Age 16+ by Travel Time to Work
Less than 15 Minutes 13,240
15 - 29 Minutes 17,510
30 - 44 Minutes 16,427
45 - 59 Minutes 5,939
60 or more Minutes 7,849
2022 Est. Avg Travel Time to Work in Minutes 34
2022 Est. Occupied Housing Units by Tenure 55,219
Owner Occupied 40,914 74.09%
Renter Occupied 14,306 25.91%
2022 Owner Occ. HUs: Avg. Length of Residence 13.39%
2022 Renter Occ. HUs: Avg. Length of Residence 6.60%
2022 Est. Owner-Occupied Housing Units by Value 55,219
Value Less than $20,000 1,171 2.86%
Value $20,000 - $39,999 1,276 3.12%
Value $40,000 - $59,999 828 2.02%
Value $60,000 - $79,999 529 1.29%
Value $80,000 - $99,999 408 1.00%
Value $100,000 - $149,999 908 2.22%
Value $150,000 - $199,999 1,168 2.85%
Value $200,000 - $299,999 4,835 11.82%
Value $300,000 - $399,999 9,276 22.67%
Value $400,000 - $499,999 8,897 21.75%
Value $500,000 - $749,999 7,515 18.37%
Value $750,000 - $999,999 2,739 6.70%
Value $1,000,000 or $1,499,999 790 1.93%
Value $1,500,000 or $1,999,999 155 0.38%
Value $2,000,000+420 1.03%
2022 Est. Median All Owner-Occupied Housing Value $400,617 2022 Est. Housing Units by Units in Structure
1 Unit Detached 43,794 72.88%
1 Unit Attached 1,680 2.80%
2 Units 867 1.44%
3 or 4 Units 1,282 2.13%
5 to 19 Units 1,795 2.99%
20 to 49 Units 485 0.81%
50 or More Units 708 1.18%
Mobile Home or Trailer 9,356 15.57%
Boat, RV, Van, etc.124 0.21%
Primary Retail Trade Area • Demographic Profile
Beaumont, California
DESCRIPTION DATA %
2022 Est. Housing Units by Year Structure Built
Housing Units Built 2014 or later 7,308 12.16%
Housing Units Built 2010 to 2014 1,740 2.90%
Housing Units Built 2000 to 2009 15,345 25.54%
Housing Units Built 1990 to 1999 5,769 9.60%
Housing Units Built 1980 to 1989 6,507 10.83%
Housing Units Built 1970 to 1979 7,347 12.23%
Housing Units Built 1960 to 1969 6,448 10.73%
Housing Units Built 1950 to 1959 5,848 9.73%
Housing Units Built 1940 to 1949 2,191 3.65%
Housing Unit Built 1939 or Earlier 1,587 2.64%
2022 Est. Median Year Structure Built 1990
658
Item 18.
8800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI About The Retail Coach®
The Retail Coach is a national retail recruitment and development firm that combines strategy, technology, and creative expertise to develop and deliver high-impact retail recruitment and development plans to local governments, chambers of commerce, economic development organizations and private developers.
Through its unique Retail360® Process, The Retail Coach offers a dynamic system of products and services that better enable communities to maximize their retail development potential.
Retail:360® Process
Providing more than simple data reports of psychographic and demographic trends, The Retail Coach goes well beyond other retail consulting and market research firms’ offerings by combining current national and statewide demographics and trend data with real-world, “on-the-ground” information gathered through extensive visits to our clients’ communities. Every community is different, and there is no “one size fits all” retail recruitment solution. Compiling the gathered data into client-tailored information packets that are uniquely designed for, and targeted to, specific retailers and restaurants who meet the community’s needs help assure our clients that they are receiving the latest and best information for targeted retail recruitment efforts — all with personal service and coaching guidance that continues beyond the initial project scope and timeline.
Our Retail:360® Process assures that communities get timely, accurate and relevant information.Translating that data into the information that retailers need and seek assures our clients even better possibilities for tremendous retail growth and success.
659
Item 18.
800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI The observations, conclusions and recommendations contained in this study are solely those of The Retail Coach, LLC and should not be construed to represent the opinions of others, including its clients, or any other entity prior to such entity’s express approval of this study.
All information furnished is from sources deemed reliable and is submitted subject to errors, omissions, change of terms and/or conditions.
Sources used in completing this study include: infoUSA™, Applied Geographic Solutions, Environics Analytics, ESRI, U.S. Census Bureau, Economy.com, Placer.AI, Spatial Insights Inc., Urban Land Institute, CensusViewer.com, International Council of Shopping Centers, and/or U.S. Bureau of Labor and Statistics.
To better represent current data, where applicable, portions of estimated actual sales may be calculated using an average sales per square foot model. Mapping data is provided by Google, Nielsen, ESRI and/or Microsoft Corporation.
All information furnished is from sources deemed reliable and is submitted subject to errors, omissions, change of terms and/or conditions.
ACKNOWLEDGMENTS
660
Item 18.
800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI Community
Demographic Profile
BEAUMONT, CALIFORNIA
Prepared for City of Beaumont, CA
January 2022
661
Item 18.
2800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI City of Beaumont, CA
Kyle Warsinski
Economic Development Manager
550 East 6th Street
Beaumont, California 92223
Phone 951.769.8527
[email protected]
BeaumontCA.gov
Community
Prepared for:
662
Item 18.
3800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI DESCRIPTION DATA %
Population
2027 Projection 57,290
2022 Estimate 54,281
2010 Census 36,877
2000 Census 13,219
Growth 2022 - 2027 5.54%
Growth 2010 - 2022 47.19%
Growth 2000 - 2010 178.97%
2022 Est. Population by Single-Classification Race 54,281 White Alone 31,324 57.71%
Black or African American Alone 4,408 8.12%
Amer. Indian and Alaska Native Alone 692 1.27%
Asian Alone 5,524 10.18%
Native Hawaiian and Other Pacific Island Alone 175 0.32% Some Other Race Alone 8,898 16.39%
Two or More Races 3,261 6.01%
2022 Est. Population by Hispanic or Latino Origin 54,281 Not Hispanic or Latino 29,982 55.23%
Hispanic or Latino 24,299 44.77%
Mexican 46,517 85.70%
Puerto Rican 678 1.25%
Cuban 454 0.84%
All Other Hispanic or Latino 6,633 12.22%
2022 Est. Hisp. or Latino Pop by Single-Class. Race 24,299 White Alone 13,065 53.77%
Black or African American Alone 163 0.67%
American Indian and Alaska Native Alone 386 1.59%
Asian Alone 186 0.77%
Native Hawaiian and Other Pacific Islander Alone 29 0.12% Some Other Race Alone 8,808 36.25%
Two or More Races 1,663 6.84%
2022 Est. Pop by Race, Asian Alone, by Category 5,524
Chinese, except Taiwanese 1,033 18.71%
Filipino 2,230 40.37%
Japanese 89 1.61%
Asian Indian 486 8.80%
Korean 479 8.68%
Vietnamese 178 3.23%
Cambodian 125 2.27%
Hmong 169 3.06%
Laotian 30 0.55%
Thai 142 2.57%
All Other Asian Races Including 2+ Category 561 10.15%
DESCRIPTION DATA %
2022 Est. Population by Ancestry 54,281
Arab 49 0.09%
Czech 129 0.24%
Danish 174 0.32%
Dutch 375 0.69%
English 2,823 5.20%
French (except Basque)639 1.18%
French Canadian 198 0.36%
German 3,647 6.72%
Greek 58 0.11%
Hungarian 87 0.16%
Irish 2,724 5.02%
Italian 1,958 3.61%
Lithuanian 3 0.01%
United States or American 1,664 3.07%
Norwegian 331 0.61%
Polish 509 0.94%
Portuguese 188 0.35%
Russian 329 0.61%
Scottish 381 0.70%
Scotch-Irish 189 0.35%
Slovak 33 0.06%
Subsaharan African 682 1.26%
Swedish 366 0.68%
Swiss 49 0.09%
Ukrainian 44 0.08%
Welsh 119 0.22%
West Indian (except Hisp. groups)122 0.22%
Other ancestries 29,259 53.90%
Ancestry Unclassified 7,151 13.17%
2022 Est. Pop Age 5+ by Language Spoken At Home
Speak Only English at Home 14,682 65.67%
Speak Asian/Pacific Island Language at Home 1,399 6.26% Speak IndoEuropean Language at Home 433 1.94%
Speak Spanish at Home 5,509 24.64%
Speak Other Language at Home 333 1.49%
Community • Demographic Profile
Beaumont, California
663
Item 18.
4800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI DESCRIPTION DATA %
2022 Est. Population by Age 54,281
Age 0 - 4 4,339 7.99%
Age 5 - 9 3,833 7.06%
Age 10 - 14 4,056 7.47%
Age 15 - 17 2,355 4.34%
Age 18 - 20 2,089 3.85%
Age 21 - 24 2,664 4.91%
Age 25 - 34 6,470 11.92%
Age 35 - 44 7,356 13.55%
Age 45 - 54 6,441 11.87%
Age 55 - 64 5,268 9.71%
Age 65 - 74 5,373 9.90%
Age 75 - 84 3,091 5.69%
Age 85 and over 946 1.74%
Age 16 and over 41,281 76.05%
Age 18 and over 39,697 73.13%
Age 21 and over 37,609 69.29%
Age 65 and over 9,409 17.33%
2022 Est. Median Age 36.85
2022 Est. Average Age 38.00
2022 Est. Population by Sex 54,281
Male 26,535 48.89%
Female 27,746 51.12%
DESCRIPTION DATA %
2022 Est. Male Population by Age 26,535
Age 0 - 4 2,228 8.40%
Age 5 - 9 1,964 7.40%
Age 10 - 14 2,075 7.82%
Age 15 - 17 1,198 4.52%
Age 18 - 20 1,072 4.04%
Age 21 - 24 1,357 5.11%
Age 25 - 34 3,198 12.05%
Age 35 - 44 3,511 13.23%
Age 45 - 54 3,218 12.13%
Age 55 - 64 2,497 9.41%
Age 65 - 74 2,398 9.04%
Age 75 - 84 1,406 5.30%
Age 85 and over 414 1.56%
2022 Est. Median Age, Male 35.51
2022 Est. Average Age, Male 37.00
2022 Est. Female Population by Age 27,746
Age 0 - 4 2,111 7.61%
Age 5 - 9 1,869 6.74%
Age 10 - 14 1,982 7.14%
Age 15 - 17 1,157 4.17%
Age 18 - 20 1,017 3.67%
Age 21 - 24 1,306 4.71%
Age 25 - 34 3,273 11.80%
Age 35 - 44 3,846 13.86%
Age 45 - 54 3,223 11.62%
Age 55 - 64 2,770 9.99%
Age 65 - 74 2,975 10.72%
Age 75 - 84 1,685 6.07%
Age 85 and over 531 1.92%
2022 Est. Median Age, Female 38.05
2022 Est. Average Age, Female 39.00
Community • Demographic Profile
Beaumont, California
664
Item 18.
5800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI DESCRIPTION DATA %
2022 Est. Pop Age 15+ by Marital Status
Total, Never Married 12,732 30.28%
Males, Never Married 6,538 15.55%
Females, Never Married 6,194 14.73%
Married, Spouse present 20,596 48.98%
Married, Spouse absent 2,164 5.15%
Widowed 2,190 5.21%
Males Widowed 607 1.44%
Females Widowed 1,583 3.76%
Divorced 4,371 10.40%
Males Divorced 1,702 4.05%
Females Divorced 2,669 6.35%
2022 Est. Pop Age 25+ by Edu. Attainment
Less than 9th grade 1,938 5.5%
Some High School, no diploma 2,313 6.6%
High School Graduate (or GED)9,584 27.4%
Some College, no degree 8,485 24.3%
Associate Degree 3,596 10.3%
Bachelor's Degree 5,992 17.1%
Master's Degree 2,283 6.5%
Professional School Degree 430 1.2%
Doctorate Degree 324 0.9%
2022 Est. Pop Age 25+ by Edu. Attain., Hisp./Lat.
No High School Diploma 2,212 18.86%
High School Graduate 3,699 31.53%
Some College or Associate's Degree 4,020 34.26%
Bachelor's Degree or Higher 1,801 15.35%
Households
2027 Projection 16,750
2022 Estimate 15,898
2010 Census 11,910
2000 Census 4,738
Growth 2022 - 2027 5.36%
Growth 2010 - 2022 33.48%
Growth 2000 - 2010 151.37%
2022 Est. Households by Household Type 15,898
Family Households 12,250 77.05%
Nonfamily Households 3,648 22.95%
2022 Est. Group Quarters Population 475
2022 Households by Ethnicity, Hispanic/Latino 5,518
DESCRIPTION DATA %
2022 Est. Households by Household Income 15,898
Income < $15,000 1,085 6.83%
Income $15,000 - $24,999 654 4.11%
Income $25,000 - $34,999 846 5.32%
Income $35,000 - $49,999 1,426 8.97%
Income $50,000 - $74,999 2,220 13.96%
Income $75,000 - $99,999 2,223 13.98%
Income $100,000 - $124,999 2,070 13.02%
Income $125,000 - $149,999 1,899 11.95%
Income $150,000 - $199,999 1,812 11.40%
Income $200,000 - $249,999 833 5.24%
Income $250,000 - $499,999 631 3.97%
Income $500,000+199 1.25%
2022 Est. Average Household Income $111,263
2022 Est. Median Household Income $94,218
2022 Median HH Inc. by Single-Class. Race or Eth.
White Alone $90,346
Black or African American Alone $108,412
American Indian and Alaska Native Alone $132,493
Asian Alone $102,725
Native Hawaiian and Other Pacific Islander Alone $61,204 Some Other Race Alone $91,180
Two or More Races $116,067
Hispanic or Latino $89,243
Not Hispanic or Latino $97,771
2022 Est. Family HH Type by Presence of Own Child.12,250 Married-Couple Family, own children 4,386 35.80%
Married-Couple Family, no own children 5,175 42.25%
Male Householder, own children 529 4.32%
Male Householder, no own children 354 2.89%
Female Householder, own children 1,007 8.22%
Female Householder, no own children 799 6.52%
2022 Est. Households by Household Size 15,898
1-person 2,840 17.86%
2-person 5,132 32.28%
3-person 2,671 16.80%
4-person 2,348 14.77%
5-person 1,517 9.54%
6-person 799 5.03%
7-or-more-person 591 3.72%
2022 Est. Average Household Size 3
Community • Demographic Profile
Beaumont, California
665
Item 18.
6800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI DESCRIPTION DATA %
2022 Est. Households by Presence of People Under 18 15,898 Households with 1 or More People under Age 18:6,577 41.37% Married-Couple Family 4,702 71.49%
Other Family, Male Householder 618 9.40%
Other Family, Female Householder 1,204 18.31%
Nonfamily, Male Householder 36 0.55%
Nonfamily, Female Householder 17 0.26%
Households with No People under Age 18:9,321 58.63%
Married-Couple Family 4,855 52.09%
Other Family, Male Householder 265 2.84%
Other Family, Female Householder 601 6.45%
Nonfamily, Male Householder 1,572 16.87%
Nonfamily, Female Householder 2,028 21.76%
2022 Est. Households by Number of Vehicles 15,898
No Vehicles 395 2.49%
1 Vehicle 3,921 24.66%
2 Vehicles 6,457 40.62%
3 Vehicles 3,307 20.80%
4 Vehicles 1,030 6.48%
5 or more Vehicles 788 4.96%
2022 Est. Average Number of Vehicles 2.2
Family Households
2027 Projection 12,905
2022 Estimate 12,250
2010 Census 9,328
2000 Census 3,349
Growth 2022 - 2027 5.35%
Growth 2010 - 2022 31.33%
Growth 2000 - 2010 178.53%
2022 Est. Families by Poverty Status 12,250
2022 Families at or Above Poverty 11,324 92.44%
2022 Families at or Above Poverty with Children 5,954 48.60% 2022 Families Below Poverty 926 7.56%
2022 Families Below Poverty with Children 506 4.13%
2022 Est. Pop 16+ by Employment Status 41,281
Civilian Labor Force, Employed 23,045 55.83%
Civilian Labor Force, Unemployed 1,264 3.06%
Armed Forces 68 0.16%
Not in Labor Force 16,905 40.95%
DESCRIPTION DATA %
2022 Est. Civ. Employed Pop 16+ by Class of Worker 24,377 For-Profit Private Workers 16,422 67.37%
Non-Profit Private Workers 1,281 5.26%
Local Government Workers 369 1.52%
State Government Workers 1,269 5.21%
Federal Government Workers 3,428 14.06%
Self-Employed Workers 1,572 6.45%
Unpaid Family Workers 35 0.15%
2022 Est. Civ. Employed Pop 16+ by Occupation 24,377
Architect/Engineer 301 1.24%
Arts/Entertainment/Sports 192 0.79%
Building Grounds Maintenance 636 2.61%
Business/Financial Operations 949 3.89%
Community/Social Services 488 2.00%
Computer/Mathematical 463 1.90%
Construction/Extraction 1,517 6.22%
Education/Training/Library 1,658 6.80%
Farming/Fishing/Forestry 75 0.31%
Food Prep/Serving 1,246 5.11%
Health Practitioner/Technician 2,291 9.40%
Healthcare Support 1,113 4.57%
Maintenance Repair 758 3.11%
Legal 160 0.66%
Life/Physical/Social Science 216 0.89%
Management 1,909 7.83%
Office/Admin. Support 2,626 10.77%
Production 1,038 4.26%
Protective Services 975 4.00%
Sales/Related 2,540 10.42%
Personal Care/Service 748 3.07%
Transportation/Moving 2,474 10.15%
2022 Est. Pop 16+ by Occupation Classification 24,377
White Collar 13,794 56.59%
Blue Collar 5,788 23.74%
Service and Farm 4,794 19.67%
2022 Est. Workers Age 16+ by Transp. to Work 24,377
Drove Alone 20,084 82.39%
Car Pooled 2,424 9.94%
Public Transportation 250 1.03%
Walked 276 1.13%
Bicycle 16 0.07%
Other Means 372 1.53%
Worked at Home 954 3.91%
Community • Demographic Profile
Beaumont, California
666
Item 18.
7800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI DESCRIPTION DATA %
2022 Est. Workers Age 16+ by Travel Time to Work
Less than 15 Minutes 4,527 18.57%
15 - 29 Minutes 5,556 22.79%
30 - 44 Minutes 7,634 31.32%
45 - 59 Minutes 3,093 12.69%
60 or more Minutes 3,566 14.63%
2022 Est. Avg Travel Time to Work in Minutes 37
2022 Est. Occupied Housing Units by Tenure 15,898
Owner Occupied 12,186 76.65%
Renter Occupied 3,712 23.35%
2022 Owner Occ. HUs: Avg. Length of Residence 11.1
2022 Renter Occ. HUs: Avg. Length of Residence 5.9
2022 Est. Owner-Occupied Housing Units by Value 12,186
Value Less than $20,000 142 1.17%
Value $20,000 - $39,999 150 1.23%
Value $40,000 - $59,999 77 0.63%
Value $60,000 - $79,999 76 0.62%
Value $80,000 - $99,999 40 0.33%
Value $100,000 - $149,999 141 1.16%
Value $150,000 - $199,999 229 1.88%
Value $200,000 - $299,999 1,622 13.31%
Value $300,000 - $399,999 4,115 33.77%
Value $400,000 - $499,999 3,691 30.29%
Value $500,000 - $749,999 1,474 12.10%
Value $750,000 - $999,999 266 2.18%
Value $1,000,000 or $1,499,999 52 0.43%
Value $1,500,000 or $1,999,999 7 0.06%
Value $2,000,000+104 0.85%
2022 Est. Median All Owner-Occupied Housing Value $388,421 2022 Est. Housing Units by Units in Structure
1 Unit Detached 13,474 84.76%
1 Unit Attached 328 2.06%
2 Units 134 0.84%
3 or 4 Units 285 1.79%
5 to 19 Units 671 4.22%
20 to 49 Units 206 1.30%
50 or More Units 64 0.40%
Mobile Home or Trailer 693 4.36%
Boat, RV, Van, etc.43 0.27%
Community • Demographic Profile
Beaumont, California
DESCRIPTION DATA %
2022 Est. Housing Units by Year Structure Built
Housing Units Built 2014 or later 2,794 17.58%
Housing Units Built 2010 to 2014 840 5.29%
Housing Units Built 2000 to 2009 7,510 47.24%
Housing Units Built 1990 to 1999 993 6.24%
Housing Units Built 1980 to 1989 813 5.11%
Housing Units Built 1970 to 1979 819 5.15%
Housing Units Built 1960 to 1969 685 4.31%
Housing Units Built 1950 to 1959 783 4.92%
Housing Units Built 1940 to 1949 337 2.12%
Housing Unit Built 1939 or Earlier 324 2.04%
2022 Est. Median Year Structure Built 2004
667
Item 18.
8800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI About The Retail Coach®
The Retail Coach is a national retail recruitment and development firm that combines strategy, technology, and creative expertise to develop and deliver high-impact retail recruitment and development plans to local governments, chambers of commerce, economic development organizations and private developers.
Through its unique Retail360® Process, The Retail Coach offers a dynamic system of products and services that better enable communities to maximize their retail development potential.
Retail:360® Process
Providing more than simple data reports of psychographic and demographic trends, The Retail Coach goes well beyond other retail consulting and market research firms’ offerings by combining current national and statewide demographics and trend data with real-world, “on-the-ground” information gathered through extensive visits to our clients’ communities. Every community is different, and there is no “one size fits all” retail recruitment solution. Compiling the gathered data into client-tailored information packets that are uniquely designed for, and targeted to, specific retailers and restaurants who meet the community’s needs help assure our clients that they are receiving the latest and best information for targeted retail recruitment efforts — all with personal service and coaching guidance that continues beyond the initial project scope and timeline.
Our Retail:360® Process assures that communities get timely, accurate and relevant information.Translating that data into the information that retailers need and seek assures our clients even better possibilities for tremendous retail growth and success.
668
Item 18.
800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI The observations, conclusions and recommendations contained in this study are solely those of The Retail Coach, LLC and should not be construed to represent the opinions of others, including its clients, or any other entity prior to such entity’s express approval of this study.
All information furnished is from sources deemed reliable and is submitted subject to errors, omissions, change of terms and/or conditions.
Sources used in completing this study include: infoUSA™, Applied Geographic Solutions, Environics Analytics, ESRI, U.S. Census Bureau, Economy.com, Placer.AI, Spatial Insights Inc., Urban Land Institute, CensusViewer.com, International Council of Shopping Centers, and/or U.S. Bureau of Labor and Statistics.
To better represent current data, where applicable, portions of estimated actual sales may be calculated using an average sales per square foot model. Mapping data is provided by Google, Nielsen, ESRI and/or Microsoft Corporation.
All information furnished is from sources deemed reliable and is submitted subject to errors, omissions, change of terms and/or conditions.
ACKNOWLEDGMENTS
669
Item 18.
800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI Primary Retail Trade Area
Retail Demand Outlook
BEAUMONT, CALIFORNIA
Prepared for City of Beaumont, CA
January 2022
670
Item 18.
2800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI Aaron Farmer
The Retail Coach, LLC
President
Office 662.844.2155
Cell 662.231.0608
[email protected]
www.TheRetailCoach.net
Kyle Warsinski
City of Beaumont, CA
Economic Development Manager
550 East 6th Street
Beaumont, California 92223
Phone 951.769.8527
[email protected]
BeaumontCA.gov
Population
2010 136,730
2022 156,884
2027 162,849
Income
Average HH $100,060
Median HH $77,431
Per Capita $35,804
Age
0 - 9 Years 12.47%
10 - 17 Years 10.55%
18 - 24 Years 8.54%
25 - 34 Years 12.66%
35 - 44 Years 12.15%
45 - 54 Years 10.86%
55 - 64 Years 11.48%
65 and Older 21.30%
Median Age 39.67
Average Age 41.01
Race Distribution (%)
White 65.87%
Black/African American 5.05%
American Indian/Alaskan 1.74%
Asian 5.80%
Native Hawaiian/Islander 0.22%
Other Race 15.62%
Two or More Races 5.70%
Hispanic 41.40%
Educational Attainment (%)
Graduate or Professional
Degree 8.34%
Bachelors Degree 14.50%
Associate Degree 10.40%
Some College 24.37%
High School Graduate (GED)29.31%
Some High School, No
Degree 7.49%
Less than 9th Grade 5.59%
Primary Retail Trade Area • Retail Market Profile
Beaumont, California
671
Item 18.
3800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI NAICS DESCRIPTION 2022 DEMAND 2027 DEMAND GROWTH CAGR (%)* 44, 45, 722 Total retail trade including food and drinking places $1,583,681,222 $1,840,304,405 $256,623,183 3.05% 441 Motor vehicle and parts dealers $298,225,795 $352,968,146 $54,742,350 3.43% 4411 Automobile dealers $256,217,090 $304,191,865 $47,974,775 3.49% 4412 Other motor vehicle dealers $17,755,399 $21,318,538 $3,563,139 3.73% 4413 Automotive parts, accessories, and tire stores $24,253,307 $27,457,743 $3,204,436 2.51% 442 Furniture and home furnishings stores $15,780,435 $17,937,485 $2,157,050 2.60% 4421 Furniture stores $10,119,244 $11,506,062 $1,386,818 2.60% 4422 Home furnishings stores $5,661,191 $6,431,424 $770,233 2.58% 443 Electronics and appliance stores $27,581,378 $31,442,747 $3,861,369 2.66% 443141 Household appliance stores $7,401,845 $9,065,418 $1,663,573 4.14% 443142 Electronics stores $20,179,533 $22,377,329 $2,197,796 2.09% 444 Building material and garden equipment and supplies dealers $88,803,048 $103,826,766 $15,023,718 3.18% 4441 Building material and supplies dealers $77,245,479 $90,504,896 $13,259,417 3.22% 44411 Home centers $44,075,519 $51,818,951 $7,743,432 3.29% 44412 Paint and wallpaper stores $2,678,384 $3,150,163 $471,779 3.30% 44413 Hardware stores $7,494,255 $8,672,974 $1,178,720 2.96% 44419 Other building material dealers $22,997,321 $26,862,808 $3,865,486 3.16% 4442 Lawn and garden equipment and supplies stores $11,557,569 $13,321,870 $1,764,301 2.88% 44421 Outdoor power equipment stores $2,133,584 $2,451,305 $317,721 2.82% 44422 Nursery, garden center, and farm supply stores $9,423,985 $10,870,565 $1,446,580 2.90% 445 Food and beverage stores $239,750,302 $274,221,659 $34,471,357 2.72% 4451 Grocery stores $220,567,298 $252,235,558 $31,668,260 2.72% 44511 Supermarkets and other grocery (except convenience) stores $211,967,546 $242,377,790 $30,410,244 2.72% 44512 Convenience stores $8,599,753 $9,857,768 $1,258,015 2.77% 4452 Specialty food stores $6,950,737 $7,939,682 $988,944 2.70% 4453 Beer, wine, and liquor stores $12,232,267 $14,046,420 $1,814,153 2.80% 446 Health and personal care stores $37,962,030 $44,841,884 $6,879,854 3.39% 44611 Pharmacies and drug stores $29,113,619 $34,413,551 $5,299,931 3.40% 44612 Cosmetics, beauty supplies, and perfume stores $1,531,149 $1,839,844 $308,695 3.74% 44613 Optical goods stores $5,894,173 $6,894,767 $1,000,595 3.19% 44619 Other health and personal care stores $1,423,089 $1,693,723 $270,634 3.54% 447 Gasoline stations $135,724,371 $163,586,696 $27,862,325 3.80% Primary Retail Trade Area • Retail Demand Outlook
Beaumont, California
672
Item 18.
4800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI NAICS DESCRIPTION 2022 DEMAND 2027 DEMAND GROWTH CAGR (%)* 448 Clothing and clothing accessories stores $47,094,060 $49,854,634 $2,760,574 1.15% 4481 Clothing stores $31,790,838 $33,453,982 $1,663,144 1.03% 44811 Men’s clothing stores $1,418,010 $1,478,898 $60,888 0.84% 44812 Women’s clothing stores $5,115,013 $5,316,855 $201,842 0.78% 44813 Children’s and infants’ clothing stores $1,965,534 $2,121,819 $156,285 1.54% 44814 Family clothing stores $19,387,585 $20,482,989 $1,095,404 1.11% 44815 Clothing accessories stores $1,256,048 $1,307,156 $51,108 0.80% 44819 Other clothing stores $2,648,649 $2,746,266 $97,617 0.73% 4482 Shoe stores $9,128,764 $9,890,146 $761,382 1.62% 4483 Jewelry, luggage, and leather goods stores $6,174,459 $6,510,506 $336,048 1.07% 44831 Jewelry stores $2,456,011 $2,581,430 $125,418 1.00% 44832 Luggage and leather goods stores $3,718,447 $3,929,077 $210,629 1.11% 451 Sporting goods, hobby, musical instrument, and book stores $21,995,542 $25,019,136 $3,023,595 2.61% 4511 Sporting goods, hobby, and musical instrument stores $16,962,886 $19,474,866 $2,511,980 2.80% 45111 Sporting goods stores $11,156,634 $13,258,954 $2,102,319 3.51% 45112 Hobby, toy, and game stores $3,206,038 $3,440,100 $234,063 1.42% 45113 Sewing, needlework, and piece goods stores $461,553 $473,330 $11,777 0.51% 45114 Musical instrument and supplies stores $2,138,660 $2,302,482 $163,821 1.49% 4512 Book stores and news dealers $5,032,656 $5,544,270 $511,614 1.96% 452 General merchandise stores $199,095,923 $225,362,762 $26,266,839 2.51% 4522 Department stores $21,185,387 $23,304,238 $2,118,850 1.92% 4523 Other general merchandise stores $177,910,536 $202,058,524 $24,147,988 2.58% 453 Miscellaneous store retailers $30,772,553 $34,862,235 $4,089,682 2.53% 4531 Florists $1,045,446 $1,197,962 $152,516 2.76% 4532 Office supplies, stationery, and gift stores $5,955,358 $6,615,032 $659,674 2.12% 45321 Office supplies and stationery stores $2,305,101 $2,581,728 $276,627 2.29% 45322 Gift, novelty, and souvenir stores $3,650,258 $4,033,304 $383,047 2.02% 4533 Used merchandise stores $5,522,061 $6,060,299 $538,239 1.88% 4539 Other miscellaneous store retailers $18,249,688 $20,988,941 $2,739,253 2.84% 45391 Pet and pet supplies stores $7,587,780 $8,917,019 $1,329,239 3.28% 45399 All other miscellaneous store retailers $10,661,908 $12,071,922 $1,410,014 2.52% 454 Non-store retailers $216,549,718 $244,073,927 $27,524,210 2.42% 722 Food services and drinking places $224,346,066 $272,306,327 $47,960,261 3.95% 7223 Special food services $18,162,398 $22,055,286 $3,892,888 3.96% 7224 Drinking places (alcoholic beverages)$5,257,140 $6,265,755 $1,008,615 3.57% 7225 Restaurants and other eating places $200,926,528 $243,985,286 $43,058,759 3.96% 722511 Full-service restaurants $97,370,679 $118,071,163 $20,700,484 3.93% 722513 Limited-service restaurants $87,869,583 $106,863,216 $18,993,633 3.99% 722514 Cafeterias, grill buffets, and buffets $2,239,923 $2,724,319 $484,396 3.99% 722515 Snack and nonalcoholic beverage bars $13,446,343 $16,326,588 $2,880,245 3.96% Primary Retail Trade Area • Retail Demand Outlook
Beaumont, California
673
Item 18.
5800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI About The Retail Coach®
The Retail Coach is a national retail recruitment and development firm that combines strategy, technology, and creative expertise to develop and deliver high-impact retail recruitment and development plans to local governments, chambers of commerce, economic development organizations and private developers.
Through its unique Retail360® Process, The Retail Coach offers a dynamic system of products and services that better enable communities to maximize their retail development potential.
Retail:360® Process
Providing more than simple data reports of psychographic and demographic trends, The Retail Coach goes well beyond other retail consulting and market research firms’ offerings by combining current national and statewide demographics and trend data with real-world, “on-the-ground” information gathered through extensive visits to our clients’ communities. Every community is different, and there is no “one size fits all” retail recruitment solution. Compiling the gathered data into client-tailored information packets that are uniquely designed for, and targeted to, specific retailers and restaurants who meet the community’s needs help assure our clients that they are receiving the latest and best information for targeted retail recruitment efforts — all with personal service and coaching guidance that continues beyond the initial project scope and timeline.
Our Retail:360® Process assures that communities get timely, accurate and relevant information.Translating that data into the information that retailers need and seek assures our clients even better possibilities for tremendous retail growth and success.
674
Item 18.
800.851.0962 | [email protected] | THERETAILCOACH.NET | AUSTIN, TEXAS • TUPELO, MISSISSIPPI The observations, conclusions and recommendations contained in this study are solely those of The Retail Coach, LLC and should not be construed to represent the opinions of others, including its clients, or any other entity prior to such entity’s express approval of this study.
All information furnished is from sources deemed reliable and is submitted subject to errors, omissions, change of terms and/or conditions.
Sources used in completing this study include: infoUSA™, Applied Geographic Solutions, Environics Analytics, ESRI, U.S. Census Bureau, Economy.com, Placer.AI, Spatial Insights Inc., Urban Land Institute, CensusViewer.com, International Council of Shopping Centers, and/or U.S. Bureau of Labor and Statistics.
To better represent current data, where applicable, portions of estimated actual sales may be calculated using an average sales per square foot model. Mapping data is provided by Google, Nielsen, ESRI and/or Microsoft Corporation.
All information furnished is from sources deemed reliable and is submitted subject to errors, omissions, change of terms and/or conditions.
* Compound annual growth rate (CAGR) is the geometric progression ratio that provides a constant rate of return over the time period.
CAGR dampens the effect of volatility of periodic growth.
ACKNOWLEDGMENTS
675
Item 18.
Aaron Farmer
The Retail Coach, LLC
President
Office 662.844.2155
Cell 662.231.0608
[email protected]
www.TheRetailCoach.net
Kyle Warsinski
City of Beaumont, CA
Economic Development Manager
550 East 6th Street
Beaumont, California 92223
Phone 951.769.8527
[email protected]
BeaumontCA.gov
PO Box 7272 | Tupelo, MS 38802 | 800.851.0962 | theretailcoach.net The information contained herein was obtained from sources believed to be reliable, however, The Retail Coach, LLC makes no guarantees, warranties or representations as to the completeness or accuracy thereof.
The presentation of this property is submitted subject to errors, omissions, changes of price or conditions, prior sale or lease or withdrawn without notice.
Population
2010 136,730
2022 156,884
2027 162,849
Income
Average HH $100,060
Median HH $77,431
Per Capita $35,804
Age
0 - 9 Years 12.47%
10 - 17 Years 10.55%
18 - 24 Years 8.54%
25 - 34 Years 12.66%
35 - 44 Years 12.15%
45 - 54 Years 10.86%
55 - 64 Years 11.48%
65 and Older 21.30%
Median Age 39.67
Average Age 41.01
Race Distribution (%)
White 65.87%
Black/African American 5.05%
American Indian/Alaskan 1.74%
Asian 5.80%
Native Hawaiian/Islander 0.22%
Other Race 15.62%
Two or More Races 5.70%
Hispanic 41.40%
Educational Attainment (%)
Graduate or Professional
Degree 8.34%
Bachelors Degree 14.50%
Associate Degree 10.40%
Some College 24.37%
High School Graduate (GED)29.31%
Some High School, No
Degree 7.49%
Less than 9th Grade 5.59%
Primary Retail Trade Area • Retail Market Profile
Beaumont, California
676
Item 18.
PO Box 7272 | Tupelo, MS 38802 | 800.851.0962 | theretailcoach.net Primary Retail Trade Area • Retail Market Profile
Beaumont, California
Area Retail
Location
677
Item 18.
Retail Recruitment
& Development
Project Update:
10.4.2022
678
Item 18.
Retail Market
Analysis
Determine
Retail Opportunities
Development &
Redevelopment Opportunities
Identify Retailers & Developers
for Recruitment
Promotion of
Available Sites
Recruiting Retailers
& Developers
Downtown
Retail Focus
Coaching &
Ongoing Support
1 2
3 4
5 6
7 8
Completed & Ongoing Work
679
Item 18.
Highly-Targeted
Recruitment of
National & Regional
Retailers /
Restaurants.
Primary focus:
I-10 & highly-trafficked
retail corridors.
Recruiting
National &
Regional
Retailers
Downtown
Focus -
Regional
Developer
Recruitment Franchisee
Recruitment
Identifying and
connecting with
successful mom & pop
and independent
businesses in the
region.
Primary Focus:
Regional brands with
opportunity to expand
into Downtown.
Targeting proven
developers that can
drive growth through
new developments.
Primary Focus:
Available land and retail
& mixed-use sites.
Targeting franchisees
that can bring new
concepts to the
market.
Primary Focus:
Connecting with existing
franchisees in the region
as well as corporate
franchise directors.
Key Areas of Focus
680
Item 18.
Actively Recruiting 65+
Retail Prospects
15+ Prospects Actively
Looking for Sites
5 Site Visits to Date
2 Prospects Nearing
LOI Submission on Sites
2 Prospects Want to
be in Beaumont but
need Franchisee
Recruiting
National &
Regional
Retailers
Downtown
Focus -
Regional
Developer
Recruitment Franchisee
Recruitment
Compiled List of 35+
Retail Prospects for
Downtown
All are Successful and
Have 1+ Location in the
Region/State and
Open to Opportunities
in Downtowns
Progress to Date
Actively Recruiting 15+
Retail & Mixed-Use
Developers
3 Prospects Actively
Looking at Parcels
along I-10 for Future
Development
4 Franchisees Actively
Reviewing Sites
Working with 3
Corporate Franchising
Directors to Identify
Approved Franchisees
for the Market Within
Their Networks
681
Item 18.
Retailer
Feedback &
Barriers to
Entrance
Lack of 2nd Generation Retail Space
-A few of the mid-box and big-box retailers we have
approached would like to be in the market but can’t find a 2nd gen space that is large enough or fits their site
requirements
-We’re working with potential developers to overcome this challenge and trying to pair retailers with developers that can build a spec building or build-to-suit site for interested retailers
682
Item 18.
Retailer
Feedback &
Barriers to
Entrance
Accessibility from I-10 is a Potential Obstacle for
Short-Term Development
-Retailers are seeing the limited accessibility along the I-10 Corridor as a challenge to successfully developing
available land parcels
-While the visibility is strong, most anchor retailers will need to see improved accessibility to pull the trigger on key developable sites north and south of I-10
683
Item 18.
Recent
Conferences
& Events
ICSC - LAS VEGAS - MAY 2022
-In-person meetings with 10+ retail, restaurant, and
developer prospects
-Drove significant movement with two large retailers
pursuing sites in Beaumont
ICSC WESTERN - SAN DIEGO — SEPT 2022
-In-person meetings with 8 retailers and multiple brokers representing retailers from our retailer match list
-Met with 5 developers to discuss available land in
Beaumont
684
Item 18.
Next Steps /
Where We
Go From
Here
Continued Recruitment
-Continue to recruit existing prospects
-Expand prospect pipeline and look for new opportunities with retailers’ evolving expansion plans or new concepts being rolled out
-Follow up meetings from ICSC Western
Assist Retailers / Developers Nearing LOI Submissions
-Continue to work with retailers and developers nearing LOI in the market
-We have provided custom market analyses and data for
key retailers and have facilitated conversations between retailers and property owners/developers to expedite the LOI and development process and will continue to assist where needed
685
Item 18.
Staff Report
TO: City Council
FROM: Kari Mendoza, Administrative Services Director
DATE October 4, 2022
SUBJECT: Authorize Changes to Position Allocation
Background and Analysis:
On June 21, 2022 Council adopted the FY 22/23 budget with 212.5 full time equivalent employees. Since that date executives have been evaluating current positions and individual department organizational structures. We recently began collecting job analysis questionnaires to aid in this evaluation along with the current and upcoming fee studies.
As a result of the job analysis questionnaires, Public Works and the Wastewater Department are requesting one organizational change to maximize the efficiency and workload within the departments. They are currently allotted one Customer Service Coordinator and one Engineering Development Technician. The Customer Service Coordinator position is currently vacant, and the department has requested this position be eliminated and replaced with a second Engineering Development Technician . This change in title will afford the city expanded professional quality control over projects and development. The cost to elevate this position for the remainder of the year will be approximately $7,065 which will be funded thru the cost savings of the current Customer Service Coordinator position.
Fiscal Impact:
This position reclassification will be funded from costs savings of the current vacancy.
Recommended Action:
Approve the elimination of one Customer Service Coordinator position, position number CSC PW 01.
Approve the additional Engineering Development Technician , position number EDT02.
686
Item 19.
Attachments:
A. Engineering Development Technician
B. Public Works / Wastewater Organizational Chart
687
Item 19.
CITY OF BEAUMONT
ENGINEERING DEVELOPMNET TECHNICIAN I
ENGINEERING DEVELOPMENT TECHNICIAN II
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
SUMMARY DESCRIPTION
Under supervision (Engineering Technician I) or general supervision (Engineering Technician II), performs a variety of technical engineering work in support of the Public Works Department’s engineering services, activities, and functions including gathering data for surveys and or reports for engineering projects and City owned property, drafting engineering reports, and reviewing plans and specifications for compliance with City resolutions and ordinances; provides information and assistance to contractors, developers, engineers, and the general public on the City’s engineering services and activities; and performs a variety of technical tasks relative to assigned area of responsibility.
DISTINGUISHING CHARACTERISTICS
Engineering Technician I -- This is the entry-level class within the Engineering Technician series and is expected to learn to perform assigned duties and responsibilities. Incumbents with this classification initially perform routine and less complex engineering related responsibilities , however, steadily receive more complex duties as experience is gained. Employees in this class normally work under close and continuous supervision performing repetitive or closely related duties under direct supervision as they learn their positions. In that this is a learning classification, typically incumbents can generally expect to progress to the higher-level class of Engineering Technician II after gaining the requisite experience.
Engineering Technician II – This is the journey level class in the Engineering Technician series performing the full array of technical engineering duties working independently, applying well developed program area knowledge, and exercising judgment and initiative. Such duties may include assisting in surveys to determine right-of-ways and preparing engineering reports. Positions in this class are flexibly staffed and are generally filled by advancement from the Engineering Technician I level, or when filled from the outside, require prior experience. Advancement to the “II” level is based on management judgment and/or certification or testing that validates the performance of the full range of job duties.
REPRESENTATIVE DUTIES The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.
1. Performs a variety of engineering work in support of the Public Works Department’s engineering services, activities, and functions including performing simple and complex plan checks of plans, specifications and other documentation to determine compliance with City resolutions and ordinances.
688
Item 19.
CITY OF BEAUMONT
Engineering Technician I/II (Continued)
2. Provides phone and counter support; answers questions and provides technical information and assistance to contractors, developers, engineers, and the general public on the City’s engineering services and activities; investigates and follows-up on complaints from the public.
3. Receives incoming plans from developers and contractors; enters status of plan check into computer in order to track plan check progress; assigns plan check to appropriate staff for review; notifies planner/developer when plan is ready to be picked up.
4. Issues permits for public works projects; logs information on permits, bonds, and plans into computer system for tracking.
5. Performs a variety of calculations on closures, vertical curves, grades and other public works projects to determine and ensure compliance with resolutions and ordinances and the proper specifications for work.
6. Assists development projects in plan checking and inspection.
7. Maintains accurate filing systems for data and documentation gathered in the performance of assigned duties and responsibilities; researches and retrieves data as necessary or requested.
8. Issues purchase orders and process payments; ensures all payments are made before final plans are approved.
9. Researches, gathers data, and designs site improvements on City right-of-ways; calculates cost estimates as necessary.
10. Attends and/or participates in a variety of assigned commissions, committees, or pre-construction meetings; provides administrative and analytical support as is necessary and appropriate.
11. Receives payments for a variety of services as necessary; ensures counter drawer is at the correct amount at the end of each day and payments are processed correctly.
12. Performs related duties, as assigned.
QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.
Knowledge of:
Operations, services, and activities of a municipal engineering program.
Principles, standard specifications, methods, materials, and equipment used in standard engineering work.
Principles and practices of engineering design and plan checking.
Terminology, methods and techniques used in engineering report preparation.
Methods and techniques of researching, compiling, interpreting, and presenting statistics and data.
Modern office procedures, methods, and equipment including computers and applicable software applications.
Operational characteristics of land surveying equipment.
Basic principals and practices of engineering and surveying.
Complex principles and practices of engineering plan check and design review.
Methods and techniques for record keeping.
Mathematical principles as applied to engineering work.
Proper English, spelling, and grammar.
Pertinent federal, state, and local laws, codes, and regulations.
689
Item 19.
CITY OF BEAUMONT
Engineering Technician I/II (Continued)
Ability to:
Perform a variety of technical engineering work.
Comprehend and implement standard principles and practices of technical engineering work.
Perform engineering plan checks.
Courteously respond to community issues, concerns and needs.
Competently operate land-surveying equipment.
Analyze a complex issue and develop and implement an appropriate response.
Prepare clear and concise reports.
Apply applicable laws, codes and regulations.
Work independently.
Demonstrate a full understanding of applicable policies, procedures and work methods associated with assigned duties.
Effectively operate a motor vehicle on City streets.
Operate office equipment including computers and supporting software applications.
Effectively use land-surveying equipment.
Communicate clearly and concisely, both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of work.
Education and Experience Guidelines - Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Engineering Technician I
Education/Training:
Minimum eighteen (18) years of age.
Equivalent to the completion of the twelfth grade supplemented by two years of college level course work in engineering or a related field.
Experience:
Two years of experience performing increasingly responsible office support duties involving public contact required.
License or Certificate:
Must possess a valid California Class C Driver’s License and maintain possession of suc h license during the course of employment.
Engineering Technician II
Education/Training:
Equivalent to the completion of the twelfth grade supplemented by two years of college level course work in engineering or a related field.
Experience:
Three years of increasingly responsible technical engineering experience.
License or Certificate:
Must possess a valid California Class C Driver’s License and maintain possession of suc h license during the course of employment.
PHYSICAL, MENTAL, AND ENVIRONMENTAL REQUIREMENTS: The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. 690
Item 19.
CITY OF BEAUMONT
Engineering Technician I/II (Continued)
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions:
Must be found to be free from any physical, emotional or mental conditions, as determined by a qualified physician and/or psychologist, which with or without accommodation might affect the ability of the employee to perform essential job functions. The position may require prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting, and stooping in the performance of daily activities.
Additionally, the position requires grasping, repetitive hand movement, and fine coordination in retrieving and entering data using a computer keyboard. Near and far vision is required in order to read work related documents and use the computer. Acute hearing is required when providing phone and personal service. The position requires lifting, carrying, pushing, and/or pulling objects weighing up to 25 pounds. Incumbent must be willing to work shift work, including nights, weekends, and holidays. Must be able to work in adverse weather conditions, including extreme heat and cold
This classification is not intended to be all-inclusive. An employee may be required to perform other reasonable duties as assigned by management. The City reserves the right, with the concurrence of the department head, to revise or change classification duties and responsibilities as the need arises and as consistent with the meet and confer process. 691
Item 19.
CITY
MANAGER
PUBLIC WORKS DIRECTOR/CITY ENGINEER
Assistant Director of
Public Works/City
Engineer
Public Works Inspector Street Maintenance
Supervisor
Street Maintenance
Workers (6)
Administrative
Services Manager
Permit Technician (2)
Principal Engineer
Senior Engineer (CIP)
Public Works Inspector
Solid Waste and
Recycling Manager
692
Item 19.
GENERAL MANAGER UTILITIES
Managment
Analyst
Environmental
Compliance
Manager
Chief Plant Operator
Wastewater
Plant
Supervisor
Wastewater Plant
Operators (6)
Wastewater
Collections
Supervisor
Wastewater
Collections
Workers (3)
693
Item 19.
694
Item 19.
695
Item 19.
696
Item 19.
697
Item 19.
Staff Report
TO: City Council
FROM: Kari Mendoza, Administrative Services Director
DATE October 4, 2022
SUBJECT: Authorize the Purchase of Motorola Equipment and System Integration Services for Dispatch Console Migration
Background and Analysis:
On August 3, 2021, staff discussed the need to either update the obsolete Eastern Riverside County Interoperable Communications Authority (ERICA) system and equipment or join the Riverside County Sheriff’s Department Public Safety Enterprise Communications (PSEC) group. City Council directed staff to coordinate with the Riverside County Sheriff’s Department and begin the migration to PSEC. On September 7, 2021, after reviewing the options the City Council approved a lease agreement with Motorola to purchase 125 handheld radios and mobile radios for vehicles necessary to begin facilitating the department’s ability the transition over to the PSEC system. PSEC has completed the programing and implementation of the handheld radios and mobile radios for vehicles.
The next phase of the implementation is to upgrade the dispatch communications equipment to PSEC capable consoles. The required dispatch communication center upgrade includes five (5) workstations, two (2) routers, and two (2) ethernet switches.
This purchase to complete the system integration services to the PSEC system is $149,447.
Currently the ERICA Joint Powers Agreement (JPA) has an agreement with Motorola for technical support and software upgrades through June 30, 2023. Motorola, anticipating that expiration has included a six-year technical support and software upgrade agreement to begin July 1, 2023, to ensure no lapse in maintenance or support. Total cost for all six years $149,300, annual billing will commence in Fiscal Year (FY) 23/24 and will be budgeted accordingly.
698
Item 20.
Fiscal Impact:
The FY 22/23 Motorola equipment and system integration services cost is $149,477.
This will be paid for from the fund balance in the Public Safety CFD. Staff will bring back a budget amendment to the Capital Improvement Plan (CIP) for a project correction at a later date. The fiscal impact for FY 2023/24 thru FY 2028/29 for the general fund account 100-2050-7057 is $149,300 for technical support and software upgrades.
Recommended Action:
Authorize the Mayor to execute the Communications System and Services Agreement and the Motorola Software License Agreement in the amount of $149,477 for System Integration Services and $149,300 for technical support and software upgrades.
Attachments:
A. Motorola PSEC Migration and Console Upgrade Proposal and Agreements.
699
Item 20.
The design, technical, pricing, and other information (“Information”) furnished with this submission is proprietary and/or trade secret information of Motorola Solutions, Inc. (“Motorola Solutions”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola Solutions.
MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2022 Motorola Solutions, Inc. All rights reserved.
BEAUMONT PD
PSEC MIGRATION AND CONSOLE UPGRADE 9/21/2022
700
Item 20.
Beaumont PD 9/21/2022
PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Table of Contents 1
TABLE OF CONTENTS
Section 1
System Description ......................................................................................................................... 1-1
1.1 Introduction ...................................................................................................................... 1-1
1.1 SRX 345 Router .............................................................................................................. 1-3
1.2 HP 2930F Ethernet Switch .............................................................................................. 1-3
1.3 NEW Z2 Mini G5 Workstation .......................................................................................... 1-4
1.4 MKM 7000 Console Alias Manager (CAM) ...................................................................... 1-4
1.5 High Level Migration Plan ................................................................................................ 1-4 Section 2
Statement of Work .......................................................................................................................... 2-6
2.1 General Task List ............................................................................................................ 2-6
2.2 Assumptions .................................................................................................................. 2-13 Section 3
Acceptance Test Plan ..................................................................................................................... 3-1
3.1 MCC 7500 Trunked Resources ....................................................................................... 3-2
3.1.1 Instant Transmit ........................................................................................................... 3-2
3.1.2 Talkgroup Selection and Call ....................................................................................... 3-3
3.1.3 Emergency Alarm and Call Display Description ........................................................... 3-4
3.1.4 Talkgroup Patch .......................................................................................................... 3-5
3.1.5 Console Priority ........................................................................................................... 3-6
3.1.6 Alarm Input / Outputs (Aux I/O Option) ........................................................................ 3-7
3.1.7 Console Initiated Private Call to Subscriber ................................................................. 3-8
3.1.8 Activity Log .................................................................................................................. 3-9
3.2 MKM 7000 Console Alias Manager (CAM) .................................................................... 3-10
3.2.1 Alias Display When Using the MKM 7000 .................................................................. 3-10
3.2.2 Create a new Subscriber Unit ID to Subscriber Unit Alias Mapping - Trunking ........... 3-11
3.2.3 Fault Management of MKM 7000 and MCC 7100/7500 Link ...................................... 3-12
3.2.4 Create Subscriber Unit ID to Subscriber Unit Alias Mapping ...................................... 3-13
3.3 Signoff Certificate ............................................................................................................ 3-1 Section 4
Support and Lifecycle Services ....................................................................................................... 4-1
1.0 SUA II Description of Service and Obligations .................................................................... 1
2.0 SUA II Upgrade Elements and Corresponding Party Responsibilities ................................. 3
3.0 SUA II Exclusions and Limitations ...................................................................................... 5
4.0 SUA II Special provisions ................................................................................................... 6
4.1 Appendix A – ASTRO 25 System Release Upgrade Paths ................................................. 7
4.2 Appendix B – System Pricing Configuration ........................................................................ 8
1.1 Support Services Overview ............................................................................................. 4-1 701
Item 20.
Beaumont PD 9/21/2022
PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Table of Contents 2
4.2.1 Remote Technical Support .......................................................................................... 4-1
4.2.1.1 Description of Service .......................................................................................... 4-1
4.2.1.2 Scope .................................................................................................................. 4-2
4.2.1.3 Motorola Solutions Responsibilities ...................................................................... 4-2
4.2.1.4 Limitations and Exclusions ................................................................................... 4-2
4.2.1.5 Customer Responsibilities .................................................................................... 4-3
4.2.2 Security Update Service .............................................................................................. 4-4
4.2.2.1 Description of Service .......................................................................................... 4-4
4.2.2.2 Scope .................................................................................................................. 4-4
4.2.2.3 Inclusions ............................................................................................................. 4-5
4.2.2.4 Motorola Solutions Responsibilities ...................................................................... 4-5
4.2.2.5 Limitations and Exclusions ................................................................................... 4-6
4.2.2.6 Customer Responsibilities .................................................................................... 4-6
4.2.2.7 Installation and Reboot Responsibilities ............................................................... 4-6
4.2.2.8 Disclaimer ............................................................................................................ 4-7
4.3 Priority Level Definitions and Response Times ................................................................ 4-8 Section 5
Equipment list ................................................................................................................................. 5-1 Section 6
Project Schedule ............................................................................................................................. 6-1 Section 7
Pricing............................................................................................................................................. 7-1
7.1 System Integration Pricing ............................................................................................... 7-1
7.2 Materials and Labor Price Increase ................................................................................. 7-1 Section 8
Contractual Documentation ............................................................................................................. 8-1 Communications System and Services Agreement ..................................................................... 8-1 MAINTENANCE, SUPPORT AND LIFECYCLE MANAGEMENT ADDENDUM ..................... 8-28
702
Item 20.
9/21/2022
Kari Mendoza
Beaumont PD
660 Orange Ave
Beaumont,CA 92223
Subject: PSEC Migration and Console Upgrade
Dear Kari Mendoza,
Motorola Solutions, Inc. (“Motorola”) is pleased to have the opportunity to provide Beaumont PD with quality communications equipment and services. The Motorola project team has taken great care to propose a solution that will meet your needs and provide unsurpassed value.
As part of Motorola’s SUA II program that the Beaumont Police Department subscribes to, the department will be receiving updated dispatch site equipment consising of new site routers, switches, and workstations. Motorola is proposing to integrate this new equipment into the PSEC Trunking core to allow for Beaumont PD to fully migrate from the ERICA Radio system to the PSEC Radio system.
The proposal consists of:
Installation and Integration Services for the new dispatch site equipment to connect to the PSEC Trunked Core
Removal and disposal of the legacy dispatch site equipment Support Services and the SUA II program to match the PSEC support and lifecycle agreements
This proposal consists of this cover letter and the Communications System and Services Agreement (CSSA), together with its Exhibits and Addendum. This proposal shall remain valid for a period of 60 days from the date of this cover letter. Beaumont PD may accept the proposal by delivering to Motorola the CSSA signed by an authorized representative, or by issuing Motorola a PO specifically referencing “the CSSA and Motorola Solutions’ September 21, 2022, proposal.” Alternatively, Motorola Solutions would be pleased to address any concerns Beaumont PD may have regarding the proposal. Any questions can be directed to your Motorola Account Executive, Joshua Asbill, Senior Account Manager, at 951-285-7996.
We thank you for the opportunity to furnish Beaumont PD with “best in class” solutions and we hope to strengthen our relationship by implementing this project. Our goal is to provide you with the best products and services available in the communications industry.
Sincerely,
Motorola Solutions, Inc.
Jerry Burch
MSSSI VP
703
Item 20.
Beaumont PD
9/21/2022
PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted System Description 1-1 SECTION 1
SYSTEM DESCRIPTION
1.1 INTRODUCTION
The City of Beaumont PD (“Beaumont PD”) has requested a proposal for Motorola Solutions, Inc. (“Motorola”) to migrate the existing Beaumont Police Department’s dispatching center, located at Beaumont PD, from the ERICA Radio System to the Riverside County PSEC Radio System. The migration from the ERICA Radio System to the PSEC P25 Radio System will leverage the ERICA System Upgrade Agreement (SUA II) in order to replace the existing networking equipment connecting the dispatch center to the Radio System Master Site. Specifically, new switches, routers, and operator position workstations will be provided to replace the existing switches, routers, and operator position workstations.
The new networking equipment will be integrated into the PSEC Radio System. While this proposal describes the equipment necessary for Beaumont PD to migrate to the PSEC Radio System, it only includes the pricing associated with the system integration services necessary for the migration. These services are above and beyond those services that the Motorola SUA program will provide. The Statement of Work below delineates the Beaumont PD and Motorola responsibilities.
The new equipment covered by the SUA II includes the latest models offered and supported by the 2021.1 system release required to be in alignment with Riverside County’s PSEC Radio System current release.
Below is the Figure 1-1 Dispatch Center block diagram illustrating the equipment that Beaumont PD will receive as part of the SUA II upgrade. In addition, Figure 1-2 illustrates the Beaumont Dispatch Center will be an additional dispatch center connecting to the PSEC Master Sites.
704
Item 20.
PSEC Migration and Console Upgrade
Motorola Solutions Confidential Restricted
Figure
Use or disclosure of this
to the restrictions on the cover p
Figure 1-1 Dispatch Center Block Diagram
Figure 1-2 System Block Diagram
Beaumont PD
9/21/2022
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
System Description 1-2
705
Item 20.
Beaumont PD
9/21/2022
PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted System Description 1-3 The equipment below will be provided by the SUA II:
Qty. 2 SRX 345 Site Routers
Qty. 2 HP 2930F Ethernet Switches
Qty. 5 Z2 G5 Workstations (3 Operator Positions, 1 Playback Station, 1 Console Alias Manager)
1.1 SRX 345 ROUTER
The SRX 345 Service Gateway combines scalable connectivity and security to ASTRO® 25 systems, ensuring that communications remain stable and secure between organizations.
The SRX 345 is used for routing, switching, and WAN connectivity at various network locations and supports high availability configuration, threat mitigation, and firewall features such as VPN. To secure traffic between hosts, stateful firewall protection is enabled by default and performs network inspections by amassing data and analyzing it in relation to the overall flow of communication.
The SRX 345 routers are replacing the existing HP routers currently installed in the Beaumont PD cabinet. The SRX 345 routers will be used to provide connectivity between the Beaumont PD dispatching site and the PSEC Radio System.
Figure 1-3 SRX 345 Router
1.2 HP 2930F ETHERNET SWITCH
The HP 2930F Ethernet Switch delivers a compact, high-density, cost-effective solution for small network environments where space and power are at a premium.
A 24-port version switch will be provided to Beaumont PD to enable a smooth transition from the ERICA Radio system to the PSEC Radio System.
The HP 2930F Ethernet switch will be used to provide connectivity between the MCC 7500 dispatch operator positions and the SRX 345 site routers.
Figure 1-4 HP 2930F Switch
706
Item 20.
Beaumont PD
9/21/2022
PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted System Description 1-4
1.3 NEW Z2 MINI G5 WORKSTATION
The new Z2 Mini G5 workstation will replace the existing operator position workstation and will remain in the MCC 7500 platform. All other dispatching equipment, including the existing Voice Processing Modules (VPMs) and peripheral accessories, will not need to be replaced. The new Z2 G5 workstation has a smaller footprint than previous workstations to allow for more room at the dispatch positions. This workstation will run the MCC 7500 Dispatch software. A new Z2 G5 workstation will also be provided to replace the existing Playback station workstation.
1.4 MKM 7000 CONSOLE ALIAS MANAGER (CAM)
A new Z2 G5 workstation will also replace the existing Network Management Client workstation. The new Z2 G5 workstation will be loaded with the MKM7000 Console Alias Manager (CAM). The CAM manages the Radio unit ID aliases displayed on dispatch positions, and will enable Beaumont PD to change aliases displayed on your dispatch positions without affecting the aliases displayed at other agencies on the PSEC Radio System.
A typical console uses many types of aliases to provide meaningful, descriptive names instead of numeric ID numbers for different resources on the console such as:
Trunking talkgroups and conventional channels
Aux I/Os
Secure keys used for voice encryption
Predefined pages
Radio Unit IDs (also called Radio PTT IDs)
1.5 HIGH LEVEL MIGRATION PLAN
This section describes the high level tasks required to migrate Beaumont PD’s dispatch center to Riverside County’s PSEC Radio System.
Order and ship new equipment to a Beaumont PD specified location. Transport new equipment to the Riverside County PSEC Alessandro Master Site. Field stage the new equipment at the PSEC Alessandro Master Site. This entails Configuring the new dispatch site equipment into the PSEC system and discovering/TNCT new Beaumont dispatch site
Configuring the new equipment consisting of routers, switches, and workstations Loading the required software to be in alignment with the PSEC system release Integrating the new equipment and performing the FATP test Transport the staged equipment to the Beaumont PD Dispatch site and install the site equipment (new switches and routers) in parallel with the existing site equipment. The site equipment will be installed in available spaces in the existing racks. Ensure the Beaumont PD provided connectivity is established and tested between the Beaumont PD and the PSEC Master and DSR sites (Alessandro Master Site and the Blythe DSR site).
Test one full position to ensure communications is taking place with Beaumont PD subscribers that have been programmed to operate on the PSEC Radio System. 707
Item 20.
Beaumont PD
9/21/2022
PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted System Description 1-5 Migrate the remaining positions to the PSEC Radio System on a position by position basis.
Riverside County to keyload the new dispatch positions with the required encryption key to support secure operations on the PSEC Radio System. Once migrated the Beaumont PD dispatch positions will only utilize PSEC Radio System Talkgroups and encryption keys.
Reconfigure existing equipment that will be reused (conventional site controller and CCGWs) to operate on the PSEC Radio System. This will allow the new dispatch positions to access the existing conventional resources. There will be a brief disruption of operations on these conventional resources as the reconfiguration takes place. Reconfigure the Aux I/O server to be accessible via the new dispatch positions. There will be a brief disruption of operations on the AUX I/O resources as the reconfiguration takes place.
Remove legacy equipment and continue normal operations on the PSEC Radio System. Logging of Beaumont PD’s newly assigned talkgroups will be done via the PSEC core and can be accessible via the new Playback Station. Riverside County will enable Beaumont PD talkgroups in the PSEC Radio System AIS.
708
Item 20.
Beaumont PD
9/21/2022
Beaumont PD 9/21/2022
PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Statement of Work 2-6 SECTION 2
STATEMENT OF WORK
Motorola is proposing to Beaumont PD the installation and configuration of the following equipment at the specified locations. This equipment will be provided by Motorola through the SUA II upgrade program.
Site Name Major Equipment
Beaumont PD Dispatch Site Two (2) SRX 345 Site Routers
Two (2) HP 2930F Switches
Three (3) Z2 G5 Mini Workstations for the MCC 7500
consoles
One (1) Z2 G5 Mini Workstations for the Playback Station One (1) Z2 G5 Mini Workstations for the Console Alias
Manager (CAM)
The section delineates the general responsibilities between Motorola and Beaumont PD as agreed to by contract.
2.1 GENERAL TASK LIST
Motorola Solutions will install and configure the proposed equipment. The following table describes the tasks involved with installation and configuration.
Tasks
Motorola
Solutions
(Covered by
SUA)
Motorola
Solutions
SI Beaumont PD
PROJECT INITIATION
Contract Finalization and Team Creation
Execute contract and distribute contract documents. X X Assign a Project Manager as a single point of
contact.
X X
Assign resources. X X
Schedule project kickoff meeting. X X
Deliverable: Signed contract, defined project team, and scheduled project kickoff meeting.
Project Administration
Ensure that project team members attend all
meetings relevant to their role on the project.
X X
Set up the project in the Motorola Solutions X
709
Item 20.
Beaumont PD
9/21/2022
Beaumont PD 9/21/2022
PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Statement of Work 2-7 Tasks
Motorola
Solutions
(Covered by
SUA)
Motorola
Solutions
SI Beaumont PD
information system.
Record and distribute project status meeting
minutes.
X
Maintain responsibility for third-party services
contracted by Motorola Solutions.
X
Complete assigned project tasks according to the
project schedule.
X X
Submit project milestone completion documents. X
Upon completion of tasks, approve project milestone
completion documents.
X
Conduct all project work Monday thru Friday, 8:00
a.m. to 4:30 p.m.).
X
Deliverable: Completed and approved project milestones throughout the project.
Project Kickoff
Introduce team, review roles, and decision authority. X X Present project scope and objectives. X
Review SOW responsibilities and project schedule. X X
Schedule Design Review. X X
Deliverable: Completed project kickoff and scheduled Design Review.
Design Review
Review the Customer’s operational requirements. X X
Present the system design and operational
requirements for the migration.
X
Present installation plan. X
Present preliminary cutover/migration plan and
methods to document final cutover process.
X
Present configuration and details of sites required by
system design.
X
Validate that Customer sites can accommodate
proposed equipment.
X X
Provide approvals required to add equipment to
proposed existing sites.
X
Review safety, security, and site access procedures. X X Present equipment layout plans and system design
drawings.
X
Provide backhaul performance specifications and
demarcation points.
X
Provide heat load and power requirements for new
equipment.
X
710
Item 20.
Beaumont PD
9/21/2022
Beaumont PD 9/21/2022
PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Statement of Work 2-8 Tasks
Motorola
Solutions
(Covered by
SUA)
Motorola
Solutions
SI Beaumont PD
Provide information on existing system interfaces. X
Assume liability and responsibility for proving all
information necessary for complete installation.
X
Assume responsibility for issues outside of Motorola
Solutions’ control.
X
Review and update design documents, including
System Description, Statement of Work, Project
Schedule, and Acceptance Test Plan, based on
Design Review agreements.
X
Provide minimum acceptable performance
specifications for customer provided hardware,
software, LAN, WAN and internet connectivity.
X
Execute Change Order in accordance with all
material changes to the Contract resulting from the
Design Review.
X
Deliverable: Finalized design documentation based upon agreed design, along with any relevant Change Order documentation.
SITE PREPARATION AND DEVELOPMENT
Site Access
Provide site owners/managers with written notice to
provide entry to sites identified in the project design documentation.
X
Obtain site licensing and permitting, including site
lease/ownership, zoning, permits, regulatory
approvals, easements, power, and telco
connections.
X
Deliverable: Access, permitting, and licensing necessary to install system equipment at each site.
Site Planning
Provide the R56 requirements for space, power,
grounding, HVAC, and connectivity requirements at
each site.
X
Ensure that each site meets the R56 standards for
space, grounding, power, HVAC, and connectivity
requirements.
X
Provide adequate electrical power in proper phase
and voltage at sites.
X
Confirm that there is adequate utility service to
support the new equipment and ancillary equipment.
X
Conduct site walks to collect pertinent information
(e.g. location of telco, power, structures, etc.)
X
Ensure that required rack space is available for
installation of the new equipment.
X
Deliverable: Information and permitting requirements completed at each site.
General Facility Improvements
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PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Statement of Work 2-9 Tasks
Motorola
Solutions
(Covered by
SUA)
Motorola
Solutions
SI Beaumont PD
Provide adequate HVAC, grounding, lighting, cable
routing, and surge protection based upon Motorola
Solutions’ Standards and Guidelines for
Communication Sites (R56)
X
Ensure the resolution of environmental and
hazardous material issues at each site including, but
not limited to, asbestos, structural integrity (tower,
rooftop, etc.), and other building risks.
X
Ensure that electrical service will accommodate
installation of system equipment, including isolation
transformers, circuit breakers, surge protectors, and
cabling.
X
Provide obstruction-free area for the cable run
between the demarcation point and system
equipment.
X
Supply interior building cable trays, raceways,
conduits, and wire supports.
X
Deliverable: Sites meet physical requirements for equipment installation.
SYSTEM INSTALLATION
Equipment Order and Manufacturing
Create equipment order. X
Manufacture Motorola Solutions-provided equipment
necessary for system based on equipment order.
X
Procure non-Motorola Solutions equipment
necessary for the system.
X
Deliverable: Equipment procured and ready for shipment.
Equipment Shipment and Storage
Provide secure location for solution equipment. X
Receive solution equipment. X
Inventory solution equipment. X
Deliverable: Solution equipment received and inventoried General Installation
Deliver solution equipment to installation location
from PSEC Core.
X
Coordinate receipt of and inventory solution
equipment with designated contact.
X
Install all proposed fixed equipment as outlined in
the System Description based upon the agreed-upon
floor plans, connecting audio, control, and network
cables to connect equipment to the power panels or
receptacles, and audio/control line connection
X
712
Item 20.
Beaumont PD
9/21/2022
Beaumont PD 9/21/2022
PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Statement of Work 2-10 Tasks
Motorola
Solutions
(Covered by
SUA)
Motorola
Solutions
SI Beaumont PD
points. Installation performed in accordance with
R56 standards and state/local codes.
Provide information on existing system interfaces,
room layouts, or other information necessary for the
assembly to meet field conditions.
X
Provide ethernet links between the Beaumont PD
and the PSEC Core and DSR site.
X
Configure existing PSEC/Riverside Network to
incorporate the new Beaumont ethernet links. PSEC
is responsible for the design, build, and testing of the Ethernet links.
X
Provide system interconnections that are not
specifically outlined in the system design, including
dedicated phone circuits, microwave links, or other
types of connectivity.
X
Complete the cabling/connecting of the subsystems
to each other (“connectorization” of the subsystems).
X
Power up, load application parameters and program
equipment.
X
Confirm system configuration and software
compatibility with the PSEC Core.
X
Inventory the equipment with serial numbers and
installation references.
X
Install and terminate all network cables between site
routers and network demarcation points, including
microwave, leased lines, and Ethernet. Motorola’s
demarcation point is the site router provided in this
proposal as part of the SUA.
X
Ensure that Type 1 and Type 2 AC suppression is
installed to protect installed equipment.
X
Connect installed equipment to the provided ground
system.
X
Label equipment, racks, and cables. X
Perform preliminary audit of installed equipment to
ensure compliance with requirements and R56
standards.
X
Note any required changes to the installation for
inclusion in the “as-built” system documentation.
X
Remove, transport, and dispose of old equipment
(Optional).
X
Deliverable: Equipment installed.
PSEC ASTRO 25 Core Configuration and Field Staging
Ship equipment to the PSEC Core for field stage X
Field Stage site equipment X
Perform all work required to configure, integrate,
discover and test the new site to the PSEC core.
X
713
Item 20.
Beaumont PD
9/21/2022
Beaumont PD 9/21/2022
PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Statement of Work 2-11 Tasks
Motorola
Solutions
(Covered by
SUA)
Motorola
Solutions
SI Beaumont PD
Develop templates for console programming for use
on the PSEC system.
X
Perform console programming and configuration for
use on the PSEC Core.
X
Provide required radio ID and alias information to
enable alias database setup for interface to
consoles.
X
Functional Acceptance Testing
Verify the operational functionality and features of
the solution supplied by Motorola Solutions, as
contracted.
X
Witness the functional testing. X
Document all issues that arise during the acceptance
tests.
X
If any major task for the system as contractually
described fails during the Customer acceptance
testing or beneficial use, repeat that particular task
after Motorola Solutions determines that corrective
action has been taken.
X
Resolve any minor task failures before Final System
Acceptance.
X
Document the results of the acceptance tests and
present for review.
X
Review and approve final acceptance test results. X
Document the results of the acceptance tests and
present to the Customer for review.
X
Deliverable: PSEC ASTRO 25 core configuration completed and equipment ready for installation Console, Playback station, CAM Client Installation and Configuration Finalize Cutover Plan. X X
Conduct cutover meeting with relevant personnel to
address both how to mitigate technical and
communication problem impacts to the users during
cutover and during the general operation of the
system.
X
Notify the personnel affected by the cutover of the
date and time planned for cutover.
X
Provide ongoing communication with users
regarding the project and schedule.
X X
Identify circuits for connection to console and a
demarcation point located within 25 feet of the
console interface.
X
Relocate site equipment from the PSEC Core to the
Beaumont site
X
On a position by position basis implement the new
pre-configured positions. Each position will be
X
714
Item 20.
Beaumont PD
9/21/2022
Beaumont PD 9/21/2022
PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Statement of Work 2-12 Tasks
Motorola
Solutions
(Covered by
SUA)
Motorola
Solutions
SI Beaumont PD
confirmed operational before proceeding to the next
position to migrate. Consoles will use existing
keyboard and mouse, monitor and console
accessories.
Connect console to circuit demarcation points. X
Install CAM client. X
Install Playback Station X
Reconfigure the CCGWs, add conventional channel
resources to the new MCC 7500 Dispatch site, and
update the PSEC core to enable access to the
conventional resources.
X
Update the IP address of the SDM to correspond
with the new PSEC site IP addressing
X
Field Audit and functional test Aux-I/Os connected to
components such as gates, doors, alarms, etc.to
Aux I/O punch-block
X X
Resolve punchlist items, documented during the
Acceptance Testing phase, in order to meet all the
criteria for final system acceptance.
X
Assist Motorola Solutions with resolution of identified punchlist items by providing support, such as access
to the sites, equipment and system, and approval of
the resolved punchlist items.
X
Deliverable: Migration to new system completed, and punchlist items resolved.
SYSTEM OPTIMIZATION AND TESTING
Solution Optimization
Verify that all equipment is operating properly and
that all electrical and signal levels are set accurately.
X
Verify that all audio and data levels are at factory
settings.
X
Perform Link verification for the Beaumont PD
provided Ethernet links.
X
Verify communication interfaces between devices for
proper operation.
X
Ensure that functionality meets manufacturers’
specifications and complies with the final
configuration established during design review or
system staging.
X
Deliverable: Completion of System Optimization.
PROJECT TRANSITION
Transition to New Service Agreement
Review the items necessary for transitioning the
project to a new service agreement.
X
715
Item 20.
Beaumont PD
9/21/2022
Beaumont PD 9/21/2022
PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Statement of Work 2-13 Tasks
Motorola
Solutions
(Covered by
SUA)
Motorola
Solutions
SI Beaumont PD
Motorola Solutions to provide support/lifecycle
services which align with the Riverside County
PSEC services.
X
Provide a Customer Support Plan detailing the
support associated with Beaumont PD’s dispatch
site equipment.
X
Participate in the Transition Service/Project
Transition process.
X
Deliverable: Service information delivered and approved by Beaumont PD.
Finalize Documentation and System Acceptance
Provide manufacturer’s installation material, part list and other related material to Customer upon project
completion.
X
Provide an electronic as-built system manual via
PDF. The documentation will include the following:
Site Block Diagrams.
Site Floor Plans.
Site Equipment Rack Configurations.
ATP Test Checklists.
Functional Acceptance Test Plan Test Sheets and
Results.
Equipment Inventory List.
Console Programming Template (where
applicable).
Maintenance Manuals (where applicable).
Technical Service Manuals (where applicable).
Drawings will be delivered in Adobe PDF format.
X
Receive and approve documentation. X
Execute Final Project Acceptance. X X
Deliverable: All required documents are provided and approved. Final Project Acceptance.
2.2 ASSUMPTIONS
Motorola has made several assumptions in preparing this proposal, which are noted below.
In order to provide a firm quote, Motorola will need to verify all assumptions or seek alternate solutions in the case of invalid assumptions. All existing sites or equipment locations will have sufficient space available for the system described as required/specified by R56.
All existing sites or equipment locations will have adequate electrical power in the proper phase and voltage and site grounding to support the requirements of the system described.
Any site/location upgrades or modifications are the responsibility of the customer. 716
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PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Statement of Work 2-14 Riverside County to perform all fleet mapping services to add Beaumont PD Talkgroups, radio IDs, console site IDs, subscriber programming, and features. Any telecommunications equipment beyond what is provided for in this proposal as part of the SUA upgrade is the responsibility of Beaumont and PSEC, including but not limited to any MPLS routers needs to access the Ethernet network. City of Beaumont is responsible for provisioning the network connectivity between the Beaumont PD Dispatch site and the PSEC Core and DSR. No network connectivity is included in this proposal.
A separate logging solution is not included in this proposal. Riverside County will enable Beaumont PD talkgroups in the PSEC Radio System AIS in order to log Beaumont PD’s talkgroups on PSEC’s existing logging recorder. Approved local, State or Federal permits as may be required for the installation and operation of the proposed equipment are the responsibility of the customer. Any required system interconnections not specifically outlined here will be provided by the Customer. These may include dedicated phone circuits, microwave links or other types of connectivity.
Beaumont PD’s MCC 7500 console migration does not provide coverage testing or coverage guarantees.
Beaumont PD will provide direct wiring from the AUX I/O punchblock(s) to the doors, gates, or electrical equipment that will be controlled using the AUX I/O System. Beaumont is responsible for the furniture to accommodate the proposed equipment. There is sufficient rack space in the equipment room for the proposed solution equipment.
No subscriber reprogramming or template development is included in this proposal.
Riverside County PSEC is responsible for programming Beaumont PD’s existing radio fleet for operation on the PSEC Radio System.
No consolettes or desksets are included in this proposal as it assumed that any new consolettes or desksets required will be purchased under a different proposal. Decommissioning of dispatch equipment or reconfiguration of the ERICA core is not included in this proposal but can be quoted if needed.
Motorola is not responsible for interference caused or received by the Motorola provided equipment except for interference that is directly caused by the Motorola provided transmitter(s) to the Motorola provided receiver(s). Should the Customer's system experience interference, Motorola can be contracted to investigate the source and recommend solutions to mitigate the issue.
717
Item 20.
Beaumont PD
9/21/2022
Beaumont PD 9/21/2022
PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Acceptance Test Plan 3-1 SECTION 3
ACCEPTANCE TEST PLAN
A Functional Acceptance Test Plan (FATP) will be performed at the PSEC Core and will test the features, functions, and failure modes for the installed equipment in order to verify that the solution operates according to its design. A proposed sample FATP is included in the following pages and a detailed FATP will be developed and finalized during project implementation. Final acceptance will occur after the new dispatch site has been installed at the Beaumont Dispatch site.
718
Item 20.
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PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Acceptance Test Plan 3-2
3.1 MCC 7500 TRUNKED RESOURCES
3.1.1 Instant Transmit
1. DESCRIPTION
The instant transmit switch provides immediate
operator access to a channel, independent of its
select status (selected or unselected). It provides
priority over other dispatcher transmit bars or
optional footswitches.
SETUP
RADIO-1 - TALKGROUP 1
CONSOLE-1 – TALKGROUP 1 (Selected),
TALKGROUP 2 (Unselect mode)
VERSION #1.010
2. TEST
Step 1. Using CONSOLE-1, press the Instant
Transmit button on TALKGROUP 1.
Step 2. Verify that the Transmit indicator is lit.
Step 3. Verify RADIO-1 can monitor and respond to
the call on TALKGROUP 1.
Step 4. On RADIO-1 change to TALKGROUP 2.
Step 5. Using CONSOLE-1, press the Instant
Transmit button on the TALKGROUP 2 radio
resource.
Step 6. Verify RADIO-1 can monitor and respond to
the call on TALKGROUP 2.
Pass____ Fail____
719
Item 20.
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PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Acceptance Test Plan 3-3 MCC 7500 Trunked Resources
3.1.2 Talkgroup Selection and
Call
1. DESCRIPTION
The Talkgroup Call is the primary level of
organization for communications on a trunked radio
system. Dispatchers with Talkgroup Call capability
will be able to communicate with other members of
the same talkgroup. This provides the effect of an
assigned channel down to the talkgroup level. When
a Talkgroup Call is initiated from a subscriber unit,
the call is indicated on each dispatch operator
position that has a channel control resource
associated with the unit's channel/talkgroup.
SETUP
RADIO-1 - TALKGROUP 1
RADIO-2 - TALKGROUP 2
RADIO-3 - TALKGROUP 1
RADIO-4 - TALKGROUP 2
CONSOLE-1 - TALKGROUP 1
CONSOLE-2 - TALKGROUP 2
VERSION #1.010
2. TEST
Step 1. Initiate a wide area call from CONSOLE-1
on TALKGROUP 1.
Step 2. Observe that RADIO-1 and RADIO-3 will be
able to monitor the call. Dekey the console
and have either radio respond to the call.
Step 3. Observe that all consoles with TALKGROUP
1 can monitor both sides of the
conversation.
Step 4. Initiate a wide area call from CONSOLE-2
on TALKGROUP 2.
Step 5. Observe that RADIO-2 and RADIO-4 will be
able to monitor the call. Dekey the console
and have either radio respond to the call.
Step 6. Observe that all consoles with TALKGROUP
2 can monitor both sides of the
conversation.
Pass____ Fail____
720
Item 20.
Beaumont PD
9/21/2022
Beaumont PD 9/21/2022
PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Acceptance Test Plan 3-4 MCC 7500 Trunked Resources
3.1.3 Emergency Alarm and Call
Display Description
1. DESCRIPTION
Users in life threatening situations can use the
emergency button on the radio to send an audible
alarm and a visual alarm signal to a console
operator in order to request immediate system
access to a voice channel for an emergency call.
An emergency alarm begins after the radio user
presses the radio's emergency button. Pressing the
emergency button places the radio in "emergency
mode". To begin an emergency call, the radio user
must press the radio's PTT button while in
"emergency mode." The assigned voice channel will
be dedicated to the emergency caller's talkgroup for
an extended period of time, equal to the Message
Hang Time plus the Emergency Hang Time. As with
other call types, emergency calls can operate across
sites as well as within the same site.
SETUP
RADIO-1 - TALKGROUP 1
CONSOLE-1 - TALKGROUP 1
CONSOLE-2 - TALKGROUP 1
VERSION #1.020
2. TEST
Step 1. Initiate an Emergency Alarm from RADIO-1.
Step 2. Observe the Emergency from RADIO-1 is
received at CONSOLE-1 for TALKGROUP 1
and the text in the talkgroup resource
indicates the trigger condition for the
emergency when applicable (mandown
condition, vehicle crash or vest pierce).
Step 3. Acknowledge the Emergency at the operator
position. Verify CONSOLE-2 receives
notification that the call has been
acknowledged.
Step 4. Initiate a call with RADIO-1 to initiate an
Emergency call.
Step 5. Observe CONSOLE-1 and CONSOLE-2 can
monitor RADIO-1
Step 6. Clear the Emergency from CONSOLE-1 on
TALKGROUP 1.
Step 7. End the Emergency Alarm from RADIO-1.
Pass____ Fail____
721
Item 20.
Beaumont PD
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PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Acceptance Test Plan 3-5 MCC 7500 Trunked Resources
3.1.4 Talkgroup Patch
1. DESCRIPTION
Talkgroup Patch allows a dispatcher to merge
several talkgroups together on one voice channel to
participate in a single conversation. This can be
used for situations involving two or more talkgroups
that need to communicate with each other.
Using the Patch feature, the console operator can
talk and listen to all of the selected talkgroups
grouped; in addition, the members of the individual
talkgroups can also talk or listen to members of
other talkgroups. Patched talkgroups can
communicate with the console dispatcher and other
members of different talkgroups because of the
"supergroup" nature of the Patch feature.
NOTE : If "secure" and "clear" resources are
patched together, one repeater for each mode may
be assigned per site.
SETUP
RADIO-1 - TALKGROUP 1
RADIO-2 - TALKGROUP 2
RADIO-3 - TALKGROUP 1
RADIO-4 - TALKGROUP 2
CONSOLE-1 - TALKGROUP 1 and TALKGROUP 2
Note: All 4 Radios must have the same home zone.
VERSION #1.010
2. TEST
Step 1. Using CONSOLE-1 create a patch between
TALKGROUP 1 and TALKGROUP 2.
Step 2. Initiate a patch call from CONSOLE-1.
Step 3. Verify RADIO-1, RADIO-2, RADIO-3, and
RADIO-4 can monitor the call.
Step 4. Initiate several calls between the radios and
verify successful communication.
Step 5. Dissolve the patch created in step 1.
Pass____ Fail____
722
Item 20.
Beaumont PD
9/21/2022
Beaumont PD 9/21/2022
PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Acceptance Test Plan 3-6 MCC 7500 Trunked Resources
3.1.5 Console Priority
1. DESCRIPTION
Console Operator Positions have ultimate control of
transmitted audio on an assigned voice channel
resource. The Console Position has the capability to
take control of an assigned voice channel for a
talkgroup call so that the operator's audio overrides
any subscriber audio. Console priority is a feature
that enables dispatchers to gain immediate access
to an assigned voice channel so that a central point
of audio control exists.
SETUP
RADIO-1 - TALKGROUP 1
RADIO-2 - TALKGROUP 1
CONSOLE-1 - TALKGROUP 1
VERSION #1.020
2. TEST
Step 1. Initiate a Talkgroup call from RADIO-1 on
TALKGROUP 1. Keep this call in progress
until the test has completed.
Step 2. Observe that RADIO-2 receives the call.
Step 3. While the call is in progress, key up
CONSOLE-1 on TALKGROUP 1.
Step 4. Observe that RADIO-2 is now receiving
audio from CONSOLE-1 on TALKGROUP 1.
Step 5. De-key CONSOLE-1.
Step 6. Verify RADIO-2 now receives RADIO-1
audio.
Step 7. End the TALKGROUP 1 call from RADIO-1.
Pass____ Fail____
723
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Motorola Solutions Confidential Restricted Acceptance Test Plan 3-7 MCC 7500 Trunked Resources
3.1.6 Alarm Input / Outputs (Aux
I/O Option)
1. DESCRIPTION
The alarm inputs of the Aux I/O can be connected to
almost any device that requires or can detect a relay
closure. These signals can be simulated and
monitored in the factory.
SETUP
Connect a multi-meter capable of monitoring
closures to the proper pins of the punch block
cabled to the Aux I/O. One momentary input and
one momentary output should be configured on at
least one MCC 7100/7500 console.
CONSOLE-1 - TALKGROUP 1
CONSOLE-1 - SITE - CONSITE 1
Aux I/O punch block pinout:
Aux I/O 1 - pins 26,1
Aux I/O 2 - pins 27,2
Aux I/O 3 - pins 28,3
Aux I/O 4 - pins 29,4
VERSION #1.010
2. TEST
Step 1. Using a shorting wire, simulate a relay
closure on an input via the punch block.
Step 2. Verify that CONSOLE-1 momentary input
displays the icon designated for an
ON_STATE.
Step 3. Remove the shorting wire and verify that
CONSOLE-1 displays the icon designated
for an OFF_STATE.
Step 4. Connect the meter to the pins to monitor a
relay output.
Step 5. Verify that the meter reads an open circuit.
Step 6. Press the output button on the console to
initiate a relay closure.
Step 7. Verify that the meter displays a closed
circuit.
Pass____ Fail____
724
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PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Acceptance Test Plan 3-8 MCC 7500 Trunked Resources
3.1.7 Console Initiated Private
Call to Subscriber
1. DESCRIPTION
Private Conversation is a selective calling feature
which allows a dispatcher or radio user to carry on
one-to-one conversation that is heard only by the
two parties involved. Subscriber units receiving a
private call will sound an alert tone. As with other
call types, Private Calls operate across sites as well
as within the same site.
SETUP
RADIO-1 - TALKGROUP 1
RADIO-2 - TALKGROUP 1
CONSOLE-1 - TALKGROUP 1
VERSION #1.020
2. TEST
Step 1. Using CONSOLE-1, select the "PRIVATE-
CALL" tile and click the Private Call function.
Step 2. Select the unit to be Private Called, in this
case RADIO-1. (or select the numeric
keypad and enter the Unit ID to be Private
Called.)
Step 3. Click the Send button.
Step 4. Answer the Private Call with RADIO-1 and
respond to the console.
Step 5. Verify RADIO-2 does not hear the private
conversation.
Step 6. After completing the Private Call, return to
the normal talkgroup mode.
Pass____ Fail____
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Motorola Solutions Confidential Restricted Acceptance Test Plan 3-9 MCC 7500 Trunked Resources
3.1.8 Activity Log
1. DESCRIPTION
The Console activity log will show all traffic for the
resource assigned to that console to include the
time, radio alias, TG, PTT ID and Emergency Call.
The dispatcher has the capability of selecting a
logged call within in the "Activity Log Window" for
instant transmit on the corresponding logged
resource.
This activity log can be logged to a text file for
archival purposes.
Note: The log file in the ops will only be seen if you
first check Log Activity in Elite Admin application
then in folder options uncheck hide hidden system
files. The location will be c:\Program
Data\MCC7500\MessageMonitorLogs.
SETUP
RADIO-1 – TALKGROUP 1
RADIO-2 – TALKGROUP 2
RADIO-3 – TALKGROUP 3
RADIO-4 – TALKGROUP 4
CONSOLE-1 – TALKGROUP 1, TALKGROUP 2,
TALKGROUP 3, TALKGROUP 4
VERSION #1.020
2. TEST
Step 1. On CONSOLE-1 select the "Show Activity
Log" button on the tool bar to open the
Activity Log Window.
Step 2. Initiate calls on RADIO-1, RADIO-2, RADIO-
3 and RADIO-4 to log call information and
verify calls are displayed in the activity log
window.
Step 3. Select a logged call in the Activity Log
Window and verify that the Channel Control
Window (CCW) at the top of the Activity log
window changes to the corresponding
resource. Verify the dispatcher is capable of
responding via the instant transmit button.
Step 4. Open the text file created by the Activity Log
and verify call traffic has been archived to
the document file.
Pass____ Fail____
726
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PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Acceptance Test Plan 3-10
3.2 MKM 7000 CONSOLE ALIAS MANAGER (CAM)
3.2.1 Alias Display When Using
the MKM 7000
1. DESCRIPTION
This test will demonstrate that a Provisioning
Manager (PM) defined alias still works on incoming
calls when MKM 7000 solution is installed, although
the locally defined ones take precedence, i.e.
centrally defined ones will only be used if there is no locally defined alias for the radio that is making an
incoming call.
SETUP
RADIO-1 - TALKGROUP 1
RADIO-2 - TALKGROUP 1
CONSOLE-1 - TALKGROUP 1
A standalone or cohab’ed MKM 7000 server is
connected and communicating normally with an
MCC 7100/7500 Console.
CONSOLE-1 user is configured to use local alias
service.
VERSION #1.030
2. TEST
Step 1. Log into MKM 7000 GUI and configure an
alias for RADIO-1.
Step 2. Verify that RADIO-2 does not have any alias
defined in MKM 7000.
Step 3. Verify both RADIO-1 and RADIO-2 have
their own PM defined aliases. Also verify the
PM defined alias for RADIO-1 is different
from the one defined by MKM 7000.
Step 4. Key up RADIO-1 and verify that its locally
defined alias shows up on CONSOLE-1, not
the PM defined alias.
Step 5. Key up RADIO-2 and verify that its PM
defined alias shows up.
Pass____ Fail____
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PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Acceptance Test Plan 3-11 MKM 7000 Console Alias Manager (CAM)
3.2.2 Create a new Subscriber
Unit ID to Subscriber Unit
Alias Mapping - Trunking
1. DESCRIPTION
This test will demonstrate the capability to create a
Subscriber Unit (SU) alias for an SU ID via the MKM
7000 GUI and have it show up on MCC 7100/7500
Console automatically.
The test will work on either a trunked or conventional
system. This test will also demonstrate the capability
to monitor connection status between MKM 7000
and MCC 7100/7500 Console.
SETUP
A standalone (not cohab) MKM 7000 server is
connected and communicating normally with
CONSOLE-1.
RADIO-1 - TALKGROUP 1
CONSOLE-1 - TALKGROUP 1
CONSOLE-1 user is configured to use the local alias
service.
VERSION #1.040
2. TEST
Step 1. CONSOLE-1 user logs into the MCC
7100/7500 console and verifies that the
consoles synchronization status with
Localized Aliasing is OK, as indicated by a
green check mark on the “status screen”.
Step 2. Local Alias Admin logs into MKM 7000 GUI,
verify under Connected Consoles tab that
the MCC 7100/7500 console is connected to
MKM7000.
Step 3. Create a new SU ID that matches RADIO-1
to be used for this test.
Step 4. Create a new SU Alias for the SU ID (new
mapping between SU ID and SU Alias).
Step 5. Submit the change.
Step 6. Wait (up to) 30 seconds, initiate a call using
RADIO-1 ON TALKGROUP 1, verify the
defined SU Alias shows up on CONSOLE-
1's TALKGROUP 1 resource.
Pass____ Fail____
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PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Acceptance Test Plan 3-12 MKM 7000 Console Alias Manager (CAM)
3.2.3 Fault Management of MKM
7000 and MCC 7100/7500
Link
1. DESCRIPTION
This test will demonstrate that the link status
between MKM 7000 and MCC 7100/7500 is
monitored and fault managed by the Unified Event
Manager (UEM).
This test will also demonstrate that the MKM 7000
and MCC 7100/7500 both monitor the link status
between them.
SETUP
A standalone (not cohabed) MKM 7000 server is
connected and communicating normally with an
MCC 7100/7500 Console.
The console user is configured to use local alias
service.
VERSION #1.050
2. TEST
Step 1. The console user logs into CONSOLE-1 and
verifies that MCC 7100/7500’s
synchronization status with MKM 7000
server is OK, as indicated by a green check
mark on the “system status” screen.
Step 2. Log into the MKM 7000 GUI and verify the
connection to MCC 7100/7500 is up and
running under Connected Consoles tab.
Step 3. Unplug the connection cable between MKM
7000 and MCC 7100/7500 and verify that
the UEM shows link failure between MKM
7000 and MCC 7100/7500. Also verify the
change of link status shows up on MKM
7000 GUI’s Connected Consoles tab and
MCC 7100/7500’s “system status” screen.
Step 4. Restore the connection cable between MKM
7000 and MCC 7100/7500 and verify that
the UEM shows link failure between MKM
7000 and MCC 7100/7500 has recovered.
Also verify the change of link status shows
up on MKM 7000 GUI’s Connected
Consoles tab and MCC 7100/7500’s
“system status” screen.
Step 5. Log the console user out of CONSOLE-1
and verify that UEM shows link status is now
“unconfigured user logout”.
Pass____ Fail____
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PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Acceptance Test Plan 3-13 MKM 7000 Console Alias Manager (CAM)
3.2.4 Create Subscriber Unit ID to
Subscriber Unit Alias
Mapping
1. DESCRIPTION
This test will demonstrate the capability to create a
Subscriber Unit (SU) alias for an SU ID via MKM
7000 GUI and have it show up on MCC 7100/7500
Console automatically.
The test will work on either a trunked or conventional
system. For this test, we’ll assume this will be done
on a trunked system.
This test will also demonstrate the capability to
monitor connection status between MKM 7000 and
MCC 7100/7500 Console.
SETUP
RADIO-1 - TALKGROUP 1
CONSOLE-1 - TALKGROUP 1
A standalone (not cohab) MKM 7000 server is
connected and communicating normally with an
MCC 7100/7500 Console.
Console user is configured to use local alias service.
VERSION #1.020
2. TEST
Step 1. The console user logs into CONSOLE-1 and
verifies that the synchronization status with
Localized Aliasing is OK, as indicated by a
green check mark on the “status screen”.
Step 2. The Local Alias Admin logs into the MKM
7000 GUI, verify under Connected Consoles
tab that CONSOLE-1 is connected to the
MKM7000.
Step 3. Create a new SU ID that matches RADIO-1.
Step 4. Create a new SU Alias for the SU ID (new
mapping between SU ID and SU Alias)
Step 5. Submit the change.
Step 6. Wait (up to) 30 seconds, then key up
RADIO-1. Verify the defined SU Alias shows
up on the TALKGROUP 1 resource of
CONSOLE-1.
Pass____ Fail____
730
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PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Acceptance Test Plan 3-1
3.3 SIGNOFF CERTIFICATE
By their signatures below, the following witnesses certify they have observed the system Acceptance Test Procedures.
Signatures
WITNESS:
Please Print Name: ________________________________________
Initials:
Please Print Title: ________________________________________
WITNESS:
Please Print Name: ________________________________________
Initials:
Please Print Title: ________________________________________
WITNESS:
Please Print Name: ________________________________________
Initials:
Please Print Title: ________________________________________
___________________________________Date: _______
___________________________________Date: _______
___________________________________Date: _______
________
________
________
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PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Support and Lifecycle Services 4-1 SECTION 4
SUPPORT AND LIFECYCLE
SERVICES
Motorola has provided six (6) years of SUA II for the proposed solution to match with Riverside County’s current service contract dated 10/1/2018. It assumes an effective date of 7/1/2023 and runs through 12/31/2028. Additionally, MSI Technical Support and System Updated Services (SUS) have been proposed as well to match the support and security services subscribed to by Riverside County.
The SUA II Statements of Work and the SUS and Technical Support Statements of Work are included in the pages that follow.
Completion of the migration to the PSEC system will fulfill Motorola’s SUA II commitment for the Beaumont PD site. No additional equipment or upgrade services will be provided under the existing ERICA SUA II program after the site has been migrated and accepted. 732
Item 20.
The information furnished with this Statement of Work (SOW) is proprietary information of Motorola Solutions, Inc. (Motorola Solutions). Such information is submitted with the restriction that it is to be used only for evaluation or performance of the SOW, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate or perform the SOW, without the express written permission of Motorola Solutions.
MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2022 Motorola Solutions, Inc. All rights reserved.
ASTRO 25 SYSTEM UPGRADE AGREEMENT II (SUA II) STATEMENT OF WORK
1.0 SUA II DESCRIPTION OF SERVICE AND OBLIGATIONS
1.1 As system releases become available, Motorola agrees to provide the Customer with the software, hardware and implementation services required to execute up to one system infrastructure upgrade in a two-year period for their ASTRO 25 system.
1.2 The Customer has, at its option, the choice of upgrading in either Year 1 or Year 2 of the coverage period. To be eligible for the recurring ASTRO 25 SUA II, the ASTRO 25 system must be in the Standard Support Period.
1.3 ASTRO 25 system releases are intended to improve the system functionality and operation from previous releases and may include some minor feature enhancements. At Motorola’s option, system releases may also include significant new feature enhancements that Motorola may offer for purchase. System release software and hardware shall be pre-tested and certified in Motorola’s Systems Integration Test lab.
1.4 The price quoted for the SUA II requires the Customer to choose a certified system upgrade path from the system release upgrade chart referenced in Appendix A. Should the Customer elect an upgrade path other than one listed in Appendix A, the Customer agrees that additional costs will be incurred to complete the implementation of the system upgrade. In this case, Motorola agrees to provide a price quotation for any additional materials and services necessary.
1.5 ASTRO 25 SUA II entitles a Customer to past software versions for the purpose of downgrading product software to a compatible release version.
1.6 The following ASTRO 25 certified system release software for the following products are covered under this ASTRO 25 SUA II:
1.6.1 Servers
1.6.2 Workstations
1.6.3 Firewalls
1.6.4 Routers
1.6.5 LAN switches
1.6.6 MCC 7XXX Dispatch Consoles
1.6.7 GTR8000 Base Stations
1.6.8 GCP8000 Site Controllers
1.6.9 GCM8000 Comparators
1.6.10 DSC8000 Site Controllers
1.6.11 Motorola Solutions Logging Interface Equipment
1.6.12 PBX switches for Telephone Interconnect
1.6.13 NICE and Verint Logging Solutions (if purchased)
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Item 20.
The information furnished with this Statement of Work (SOW) is proprietary information of Motorola Solutions, Inc. (Motorola Solutions). Such information is submitted with the restriction that it is to be used only for evaluation or performance of the SOW, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate or perform the SOW, without the express written permission of Motorola Solutions.
MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2022 Motorola Solutions, Inc. All rights reserved.
1.7 Motorola will provide certified hardware version updates and/or replacements necessary to upgrade the system with an equivalent level of functionality up to once in a two-year period.
Hardware will be upgraded and/or replaced if required to maintain the existing features and functionality. Any updates to hardware versions and/or replacement hardware required to support new features or those not specifically required to maintain existing functionality are not included.
1.8 The following hardware components, if originally provided by Motorola, are eligible for full product replacement when necessary per the system release upgrade :
1.8.1 Servers
1.8.2 Workstations
1.8.3 CommandCentral AXS Hub
1.8.4 Routers
1.8.5 LAN Switches
1.9 The following hardware components, if originally provided by Motorola, are eligible for board- level replacement when necessary per the system release upgrade. A “board-level replacement” is defined as any Field Replaceable Unit (“FRU”) for the products listed below:
1.9.1 GTR 8000 Base Stations
1.9.2 GCP 8000 Site Controllers
1.9.3 GCM 8000 Comparators
1.9.4 MCC 7XXX Dispatch Consoles
1.10 ASTRO 25 SUA II makes available the subscriber radio software releases that are shipping from the factory during the SUA II coverage period. New subscriber radio options and features not previously purchased by the Customer are excluded from ASTRO 25 SUA II coverage. Additionally, subscriber software installation and reprogramming are excluded from the ASTRO 25 SUA II coverage.
1.11 The ASTRO 25 SUA II does not cover all products. Refer to section 3.0 for exclusions and limitations.
1.12 Motorola will provide implementation services necessary to upgrade the system to a future system release with an equivalent level of functionality up to once in a two-year period.
Any implementation services that are not directly required to support the certified system upgrade are not included. Unless otherwise stated, implementation services necessary for system expansions, platform migrations, and/or new features or functionality that are implemented concurrently with the certified system upgrade are not included.
1.13 ASTRO 25 SUA II pricing is based on the system configuration outlined in Appendix B.
This configuration is to be reviewed annually from the contract effective date. Any change in system configuration may require an ASTRO 25 SUA II price adjustment.
1.14 The ASTRO 25 SUA II applies only to system release upgrades within the ASTRO 25
7.x platform.
1.15 Motorola will issue Software Maintenance Agreement (“SMA”) bulletins on an annual basis and post them in soft copy on a designated extranet site for Customer access.
Standard and optional features for a given ASTRO 25 system release are listed in the SMA bulletin.
734
Item 20.
The information furnished with this Statement of Work (SOW) is proprietary information of Motorola Solutions, Inc. (Motorola Solutions). Such information is submitted with the restriction that it is to be used only for evaluation or performance of the SOW, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate or perform the SOW, without the express written permission of Motorola Solutions.
MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2022 Motorola Solutions, Inc. All rights reserved.
2.0 SUA II UPGRADE ELEMENTS AND CORRESPONDING PARTY RESPONSIBILITIES
2.1 Upgrade Planning and Preparation: All items listed in this section are to be completed at least 6 months prior to a scheduled upgrade.
2.1.1 Motorola responsibilities
2.1.1.1 Obtain and review infrastructure system audit data as needed.
2.1.1.2 Identify the backlog accumulation of security patches and antivirus updates needed to implement a system release. If applicable, provide a quote for the necessary labor, security patches and antivirus updates.
2.1.1.3 If applicable, identify additional system hardware needed to implement a system release upgrade and if the customer has added hardware that is not covered under this agreement.
2.1.1.4 Define the installation plan.
2.1.1.5 Advise Customer of probable impact to system users during the actual field upgrade implementation.
2.1.1.6 If applicable, advise the Customer of the network connections specifications necessary to perform the system upgrade.
2.1.1.7 Assign program management support required to perform the certified system upgrade.
2.1.1.8 Assign field installation labor required to perform the certified system upgrade.
2.1.1.9 Assign upgrade operations engineering labor required to perform the certified system upgrade.
2.1.1.10 Deliver release impact and change management training to the primary zone core owners, outlining the changes to their system as a result of the upgrade path elected. This training needs to be completed at least 12 weeks prior to the scheduled upgrade. This training will not be provided separately for user agencies who reside on a zone core owned by another entity. Unless specifically stated in this document, Motorola will provide this training only once per system.
2.1.2 Customer responsibilities
2.1.2.1 Contact Motorola to schedule and engage the appropriate Motorola resources for a system release upgrade.
2.1.2.2 Purchase the security patches, antivirus updates and the labor necessary to address any security updates backlog accumulation identified in Section
2.1.1.2, if applicable. Unless otherwise agreed in writing between Motorola and Customer, the installation and implementation of accumulated backlog security patches and network updates is the responsibility of the Customer.
2.1.2.3 If applicable, provide the necessary network connectivity at the zone core site(s) for use by Motorola to perform remote upgrades and diagnostics.
Network connectivity must be provided at least 12 weeks prior to the scheduled upgrade. In the event access to a network connection is unavailable, Customer may be billed additional costs to execute the system release upgrade.
2.1.2.4 Assist in site walks of the system during the system audit when necessary.
2.1.2.5 Provide a list of any FRUs and/or spare hardware to be included in the system release upgrade when applicable.
2.1.2.6 Purchase any additional software and hardware necessary to implement 735
Item 20.
The information furnished with this Statement of Work (SOW) is proprietary information of Motorola Solutions, Inc. (Motorola Solutions). Such information is submitted with the restriction that it is to be used only for evaluation or performance of the SOW, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate or perform the SOW, without the express written permission of Motorola Solutions.
MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2022 Motorola Solutions, Inc. All rights reserved.
optional system release features or system expansions.
2.1.2.7 Provide or purchase labor to implement optional system release features or system expansions.
2.1.2.8 Participate in release impact training at least 12 weeks prior to the scheduled upgrade. This applies only to primary zone core owners. It is the zone core owner’s responsibility to contact and include any user agencies that need to be trained or to act as a training agency for those users not included.
2.2 System Readiness Checkpoint: All items listed in this section must be completed at least 30 days prior to a scheduled upgrade.
2.2.1 Motorola responsibilities
2.2.1.1 Perform appropriate system backups.
2.2.1.2 Work with the Customer to validate that all system maintenance is current.
2.2.1.3 Work with the Customer to validate that all available security patches and antivirus updates have been updated on the customer’s system.
2.2.1.3.1 Motorola reserves the right to charge the Customer for the security patches, antivirus updates and the labor necessary to address any security updates backlog accumulation, in the event that these are not completed by the Customer at the System Readiness Checkpoint.
2.2.2 Customer responsibilities
2.2.2.1 Validate system maintenance is current.
2.2.2.2 Validate that all available security patches and antivirus updates to their system have been completed or contract Motorola to complete in time for the System Readiness Checkpoint.
2.3 System Upgrade
2.3.1 Motorola responsibilities
2.3.1.1 Perform system infrastructure upgrade in accordance with the system elements outlined in this SOW.
2.3.2 Customer responsibilities
2.3.2.1 Inform system users of software upgrade plans and scheduled system downtime.
2.3.2.2 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide software upgrade services.
2.4 Upgrade Completion
2.4.1 Motorola responsibilities
2.4.1.1 Validate all certified system upgrade deliverables are complete as contractually required.
2.4.2 Customer Responsibilities
2.4.2.1 Cooperate with Motorola in efforts to complete any post upgrade punch list items as needed.
736
Item 20.
The information furnished with this Statement of Work (SOW) is proprietary information of Motorola Solutions, Inc. (Motorola Solutions). Such information is submitted with the restriction that it is to be used only for evaluation or performance of the SOW, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate or perform the SOW, without the express written permission of Motorola Solutions.
MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2022 Motorola Solutions, Inc. All rights reserved.
3.0 SUA II EXCLUSIONS AND LIMITATIONS
3.1 The parties agree that Systems that have non-standard configurations that have not been certified by Motorola Systems Integration Testing are specifically excluded from the ASTRO 25 SUA II unless otherwise agreed in writing by Motorola and included in this SOW.
3.2 Customer acknowledges that if the system has a special product feature, that it may be overwritten by the software upgrade. Restoration of that feature is not included in the coverage of this SOW.
3.3 Platform migrations are the replacement of a product with the next generation of that product.
Unless otherwise stated, platform migrations such as, but not limited to stations, comparators, site controllers, console, backhaul and network changes are not included.
3.4 Upgrades for equipment add-ons or expansions during the term of this ASTRO 25 SUA II are not included in the coverage of this SOW unless otherwise agreed to in writing by Motorola.
3.5 The parties acknowledge and agree that the ASTRO 25 SUA II does not cover the following products:
▪ MCC5500 Dispatch Consoles
▪ MIP5000 Dispatch Consoles
▪ Plant/E911 Systems
▪ MOTOBRIDGE Solutions
▪ ARC 4000 Systems
▪ Motorola Public Sector Applications Software (“PSA”)
▪ Custom SW, CAD, Records Management Software
▪ Data Radio Devices
▪ Mobile computing devices such as Laptops
▪ Non-Motorola two-way radio subscriber products
▪ Genesis Products
▪ Point-to-point products such as MPLS equipment, microwave terminals and associated multiplex equipment
3.6 ASTRO 25 SUA II does not cover any hardware or software supplied to the Customer when purchased directly from a third party, unless specifically included in this SOW.
3.7 ASTRO 25 SUA II services do not include repair or replacement of hardware or software that is necessary due to defects that are not corrected by the system release, nor does it include repair or replacement of defects resulting from any nonstandard, improper use or conditions; or from unauthorized installation of software.
3.8 ASTRO 25 SUA II does not cover or include deliverables included with the Security Update Service. This means that the SUA II does not include software support for virus attacks or other applications that are not part of the ASTRO 25 system or unauthorized modifications or other misuse of the covered software. Motorola is not responsible for management of anti- virus or other security applications, unless specifically contracted.
3.9 ASTRO 25 SUA II does not cover the labor or materials associated with the backlog accumulation of security patches or antivirus updates. Additional fees may apply as outlined in Section 2.1.1.2.
737
Item 20.
The information furnished with this Statement of Work (SOW) is proprietary information of Motorola Solutions, Inc. (Motorola Solutions). Such information is submitted with the restriction that it is to be used only for evaluation or performance of the SOW, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate or perform the SOW, without the express written permission of Motorola Solutions.
MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2022 Motorola Solutions, Inc. All rights reserved.
3.10 At the time of upgrade, Motorola will provide the latest applicable software, patches and antivirus updates when and if available, as a part of the system release upgrade. The security patches and antivirus updates delivered as part of this upgrade are intended to bring the system current in all respects but does not imply that the customer is eligible for ongoing security patching. The upgrade may include 3rd party SW such as Microsoft Windows and Server OS, Red Hat Linux, and any Motorola software service packs that may be available.
Motorola will only provide patch releases that have been analyzed, pre-tested, and certified in a dedicated ASTRO 25 test lab to ensure that they are compatible and do not interfere with the ASTRO 25 network functionality.
4.0 SUA II SPECIAL PROVISIONS
4.1 Customer will only use the software (including any System Releases) in accordance with the applicable Software License Agreement.
4.2 ASTRO 25 SUA II coverage and the parties’ responsibilities described in this Statement of Work will automatically terminate if Motorola no longer supports the ASTRO 25 7.x software version in the Customer’s system or discontinues the ASTRO 25 SUA II program; in either case, Motorola will refund to Customer any prepaid fees for ASTRO 25 SUA II services applicable to the terminated period.
4.3 If Customer chooses to not have Motorola apply the security patches and antivirus updates as described in 2.1.1.2 and this delays or postpones the system software update, Motorola reserves the right to charge the Customer a fee equivalent to the costs incurred by the Motorola Solutions Upgrade Operations Team for the unplanned and additional time on site.
Any additional fees to be provided in a quote or other writing.
4.4 If Customer cancels a scheduled upgrade within less than 12 weeks of the scheduled on site date, Motorola reserves the right to charge the Customer a cancellation fee equivalent to the cost of the pre-planning efforts completed by the Motorola Solutions Upgrade Operations Team.
4.5 The SUA II annualized price is based on the fulfillment of the two year term. If Customer terminates, except if Motorola is the defaulting party, Customer will be required to pay for the balance of payments owed if a system release upgrade has been taken prior to the point of termination.
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Item 20.
The information furnished with this Statement of Work (SOW) is proprietary information of Motorola Solutions, Inc. (Motorola Solutions). Such information is submitted with the restriction that it is to be used only for evaluation or performance of the SOW, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate or perform the SOW, without the express written permission of Motorola Solutions.
MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2022 Motorola Solutions, Inc. All rights reserved.
4.1 APPENDIX A – ASTRO 25 SYSTEM RELEASE UPGRADE PATHS
ASTRO System
Release Certified Update Paths
Pre-7.16
Upgrade to Current Shipping
Release
7.16 7.18
7.17.X* A2019.2; A2020.1
7.18 A2021.1
A2019.2 A2021.1
A2020.1 A2022.1
* Includes planned incremental releases
• The information contained herein is provided for information purposes only and is intended only to outline Motorola’s presently anticipated general technology direction. The information in the roadmap is not a commitment or an obligation to deliver any product, product feature or software functionality and Motorola reserves the right to make changes to the content and timing of any product, product feature or software release. • The most current system release upgrade paths can be found in the most recent SMA bulletin.
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Item 20.
The information furnished with this Statement of Work (SOW) is proprietary information of Motorola Solutions, Inc. (Motorola Solutions). Such information is submitted with the restriction that it is to be used only for evaluation or performance of the SOW, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate or perform the SOW, without the express written permission of Motorola Solutions.
MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2022 Motorola Solutions, Inc. All rights reserved.
4.2 APPENDIX B – SYSTEM PRICING CONFIGURATION
This configuration is to be reviewed annually from the contract effective date. Any change in system configuration may require an ASTRO 25 SUA II price adjustment.
Master Site Configuration
# of Master Sites 0
# of DSR Sites 0
System Level Features
ISSI 8000 / CSSI 8000 – Total # of Servers (2 if redundant and/or DSR) 0 MOSCAD NFM RTU (typically 1 per site location) 0
MOSCAD NFM / SDM Clients 0
Network Management Clients 0
Unified Network Services (UNS)
ex: POP25, Presence Notifier, Text Messaging, Outdoor Location, KMF/OTAR 0 Telephone Interconnect 0
InfoVista – Transport Network Performance Service (One per system) 0 Security Configuration
Firewalls 0
Intrusion Detection Sensor (IDS) 0
Centralized Event Logging (SysLog) 0
Zone Core Protection (ZCP) 0
Radio Authentication 0
RF Site Configuration
# of RF Sites 0
Simulcast Prime Sites (including co-located/redundant) 0 RF Sites (includes Simulcast sub-sites, ASR sites, HPD sites) 0 GTR 8000 Base Stations 0
HPD Base Stations 0
QUANTAR Base Stations 0
STR 3000 Base Stations 0
SmartX Site Converters 0
Dispatch Site Configuration
# of Dispatch Sites 1
Gold Elite Consoles 0
MCC7500 Dispatch Consoles (including CAM and Playback Station) 5 MCC7100 Dispatch Consoles 0
MIP 5000 Dispatch Consoles 0
AIS 0
Third Party Elements (Need 3rd Party Quote for SUA Coverage) NICE IP Radio Logger (include redundancy)* 0
NICE Telephony Logger* 0
NICE Inform Playback* 0
Verint Logging recorders (IP, Telephony, or Analog) 0
MACH Alert FSA 0
Genesis Applications 0
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The information furnished with this Statement of Work (SOW) is proprietary information of Motorola Solutions, Inc. (Motorola Solutions). Such information is submitted with the restriction that it is to be used only for evaluation or performance of the SOW, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate or perform the SOW, without the express written permission of Motorola Solutions.
MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2022 Motorola Solutions, Inc. All rights reserved.
MSI SUPPORT SERVICES STATEMENT OF WORK
1.1 SUPPORT SERVICES OVERVIEW
Motorola Solutions’ Support Services provide an integrated and comprehensive sustainment program for fixed end network infrastructure equipment located at the network core, RF sites, and dispatch sites.
Motorola Solutions’ proposed Services consist of the following elements:
Remote Technical Support.
Security Update Service.
This Statement of Work (“SOW”), including all of its subsections and attachments is an integral part of the applicable agreement (“Agreement”) between Motorola Solutions, Inc. (“Motorola Solutions”) and the customer (“Customer”).
In order to receive the services as defined within this SOW, the Customer is required to keep the system within a standard support period as described in Motorola Solutions’ Software Support Policy (“SwSP”).
Remote Technical Support
Motorola Solutions will provide telephone consultation with specialists skilled at diagnosing and swiftly resolving infrastructure operational technical issues that require a high level of ASTRO 25 network experience and troubleshooting capabilities.
Security Update Service
Motorola Solutions will pre-test third-party security updates to verify they are compatible with the ASTRO 25 network. Once tested, Motorola Solutions posts the updates to a secured extranet website, along with any recommended configuration changes, warnings, or workarounds.
4.2.1 Remote Technical Support
Motorola Solutions’ Remote Technical Support service provides telephone consultation for technical issues that require a high level of ASTRO 25 network knowledge and troubleshooting capabilities. Remote Technical Support is delivered through the Motorola Solutions Centralized Managed Support Operations (“CMSO”) organization by a staff of technical support specialists skilled in diagnosis and swift resolution of infrastructure performance and operational issues.
Motorola Solutions applies leading industry standards in recording, monitoring, escalating, and reporting for technical support calls from its contracted customers to provide the support needed to maintain mission-critical systems.
4.2.1.1 Description of Service
The CMSO organization’s primary goal is Customer Issue Resolution (“CIR”), providing incident restoration and service request fulfillment for Motorola Solutions’ currently 741
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The information furnished with this Statement of Work (SOW) is proprietary information of Motorola Solutions, Inc. (Motorola Solutions). Such information is submitted with the restriction that it is to be used only for evaluation or performance of the SOW, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate or perform the SOW, without the express written permission of Motorola Solutions.
MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2022 Motorola Solutions, Inc. All rights reserved.
supported infrastructure. This team of highly skilled, knowledgeable, and experienced specialists is an integral part of the support and technical issue resolution process. The CMSO supports the Customer remotely using a variety of tools, including fault diagnostics tools, simulation networks, and fault database search engines.
Calls requiring incidents or service requests will be logged in Motorola Solutions’ Customer Relationship Management (“CRM”) system, and Motorola Solutions will track the progress of each incident from initial capture to resolution. This helps ensure that technical issues are prioritized, updated, tracked, and escalated as necessary, until resolution. Motorola Solutions will advise and inform Customer of incident resolution progress and tasks that require further investigation and assistance from the Customer’s technical resources.
The CMSO Operations Center classifies and responds to each technical support request in accordance with Section 4.1:Priority Level Definitions and Response Times.
This service requires the Customer to provide a suitably trained technical resource that delivers maintenance and support to the Customer’s system, and who is familiar with the operation of that system. Motorola Solutions provides technical consultants to support the local resource in the timely closure of infrastructure, performance, and operational issues.
4.2.1.2 Scope
The CMSO Service Desk is available via telephone 24 hours per day, 7 days per week, and 365 days per year to receive and log requests for technical support. Remote Technical Support service is provided in accordance with Section 4.1: Priority Level Definitions and Response Times Inclusions.
Remote Technical Support service will be delivered for Motorola Solutions-provided infrastructure, including integrated third-party products.
4.2.1.3 Motorola Solutions Responsibilities
Maintain availability of the Motorola Solutions CMSO Service Desk via telephone (800- MSI-HELP) 24 hours per day, 7 days per week, and 365 days per year to receive, log, and classify Customer requests for support.
Respond to incidents and technical service requests in accordance with Section 4.1:
Priority Level Definitions and Response Times Inclusions. Provide caller a plan of action outlining additional requirements, activities, or information required to achieve restoral/fulfillment.
Maintain communication with the Customer in the field as needed until resolution of the incident.
Coordinate technical resolutions with agreed upon third-party vendors, as needed. Escalate support issues to additional Motorola Solutions technical resources, as applicable.
Determine, in its sole discretion, when an incident requires more than the Remote Technical Support services described in this SOW and notify the Customer of an alternative course of action.
4.2.1.4 Limitations and Exclusions
The following activities are outside the scope of the Remote Technical Support service:
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The information furnished with this Statement of Work (SOW) is proprietary information of Motorola Solutions, Inc. (Motorola Solutions). Such information is submitted with the restriction that it is to be used only for evaluation or performance of the SOW, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate or perform the SOW, without the express written permission of Motorola Solutions.
MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2022 Motorola Solutions, Inc. All rights reserved.
Customer training.
Remote Technical Support for network transport equipment or third-party products not sold by Motorola Solutions.
Any maintenance and/or remediation required as a result of a virus or unwanted cyber intrusion.
4.2.1.5 Customer Responsibilities
Prior to contract start date, provide Motorola Solutions with pre-defined information necessary to complete Customer Support Plan (“CSP”).
Submit timely changes in any information supplied in the CSP to the Customer Support Manager (“CSM”).
Contact the CMSO Service Desk to engage the Remote Technical Support service when needed, providing the necessary information for proper entitlement services. This information includes, but is not limited to, the name of contact, name of Customer, system ID number, site(s) in question, and a brief description of the problem that contains pertinent information for initial issue classification. Maintain suitably trained technical resources familiar with the operation of the Customer’s system to provide field maintenance and technical maintenance services for the system.
Supply suitably skilled and trained on-site presence when requested. Validate issue resolution in a timely manner prior to close of the incident. Acknowledge that incidents will be addressed in accordance with Section 4.1: Priority Level Definitions and Response Times.
Cooperate with Motorola Solutions, and perform all acts that are reasonable or necessary to enable Motorola Solutions to provide Remote Technical Support. In the event that Motorola Solutions agrees in writing to provide supplemental Remote Technical Support to third-party elements provided by the Customer, the Customer agrees to obtain all third-party consents or licenses required to enable Motorola Solutions to provide the service.
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The information furnished with this Statement of Work (SOW) is proprietary information of Motorola Solutions, Inc. (Motorola Solutions). Such information is submitted with the restriction that it is to be used only for evaluation or performance of the SOW, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate or perform the SOW, without the express written permission of Motorola Solutions.
MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2022 Motorola Solutions, Inc. All rights reserved.
4.2.2 Security Update Service
Motorola Solutions’ ASTRO 25 Security Update Service (“SUS”) provides pretested security updates, minimizing cyber risk and software conflicts. These security updates contain operating system security patches and antivirus definitions that have been validated for compatibility with ASTRO 25 systems. Security update delivery is determined by the options included as part of this service.
4.2.2.1 Description of Service
Motorola Solutions uses a dedicated information assurance lab to test and validate security updates. Motorola Solutions deploys and tests security updates in the lab to check for and prevent potential service degradation.
Motorola Solutions releases tested, compatible security updates for download and installation. Once security updates are verified by the SUS team, Motorola Solutions uploads them to a secure website and sends a release notification email to the Customer contact to inform them that the security update release is available. If there are any recommended configuration changes, warnings, or workarounds, the SUS team will provide documentation with the security updates on the secure website.
With the base service, the Customer will be responsible for downloading security updates, installing them on applicable components, and rebooting updated components. Additional options are available for Motorola Solutions to deploy security updates, reboot servers and workstations, or both.
4.2.2.1.1 On-site Delivery
If On-site Delivery is included with SUS, Motorola Solutions provides trained technician(s) to install security updates at the Customer’s location. The technician downloads and installs available security updates and coordinates any subsequent server and workstation reboots.
4.2.2.1.2 Reboot Support
If Reboot Support is included with SUS, Motorola Solutions provides technician support to reboot impacted Microsoft Windows servers and workstations after operating system security patches have been installed.
4.2.2.2 Scope
SUS includes pretested security updates for the software listed in Table 4-1. This table also describes the release cadence for security updates.
Table 4-1: Update Cadence
Software Update Release Cadence
Antivirus Definition Files Weekly
Microsoft Windows Monthly
Microsoft Windows SQL Server Quarterly
Microsoft Windows third party (Adobe Reader) Monthly
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The information furnished with this Statement of Work (SOW) is proprietary information of Motorola Solutions, Inc. (Motorola Solutions). Such information is submitted with the restriction that it is to be used only for evaluation or performance of the SOW, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate or perform the SOW, without the express written permission of Motorola Solutions.
MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2022 Motorola Solutions, Inc. All rights reserved.
Software Update Release Cadence
Red Hat Linux (RHEL) Quarterly
VMWare ESXi Hypervisor Quarterly
PostgreSQL
(From ASTRO 25 7.14 and newer major releases)
Quarterly
McAfee Patch(es) Quarterly
Dot Hill DAS Firmware Quarterly
HP SPP Firmware Quarterly
QNAP Firmware Quarterly
4.2.2.3 Inclusions
Supported ASTRO 25 core types and security update delivery methods are included in Table 4-2 SUS Packages. This table indicates if Motorola Solutions will provide any SUS optional services to the Customer. SUS supports the current Motorola Solutions ASTRO 25 system release and aligns with the established Software Support Policy (SwSP).
Motorola Solutions reserves the right to determine which releases are supported as business conditions dictate. Additional charges may apply in the event of supporting older releases. Contact Motorola Solutions’ assigned Customer Support Manager (“CSM”) for the latest supported releases.
Table 4-2: SUS Packages
Service ASTRO 25
Core Type
Included
Security Update Service
Customer Self-installed
L Core
M Core
Simplified Core
X
Security Update Service with Reboot
Support
L Core
M Core
Simplified Core
Security Update Service with On-site
Delivery
L Core
M Core
Simplified Core
Responsibilities for downloading and installing security updates and rebooting applicable hardware are detailed in Section 4.2.2.7: Installation and Reboot Responsibilities
4.2.2.4 Motorola Solutions Responsibilities
On the release schedule in Section 4.2.2.;Table 4-1, review relevant and appropriate security updates released by Original Equipment Manufacturer (“OEM”) vendors. Release tested and verified security updates to Motorola Solutions’ secure website. Publish documentation for installation, recommended configuration changes, any identified issue(s), and remediation instructions for each security update release. Include printable labels the Customer may use if downloading security updates to a disk. 745
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The information furnished with this Statement of Work (SOW) is proprietary information of Motorola Solutions, Inc. (Motorola Solutions). Such information is submitted with the restriction that it is to be used only for evaluation or performance of the SOW, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate or perform the SOW, without the express written permission of Motorola Solutions.
MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2022 Motorola Solutions, Inc. All rights reserved.
Send notifications by email when security updates are available to download from the secure website.
4.2.2.5 Limitations and Exclusions
Systems with non-standard configurations that have not been certified by Motorola Solutions’ Systems Integration and Test (“SIT”) team are specifically excluded from this service, unless otherwise agreed in writing by Motorola Solutions. Interim or unplanned releases outside the supported release cadence. Service does not include pretested intrusion detection system (“IDS”) signature updates for IDS solutions. However, select vendor IDS signature updates are made available via the secure website. The available vendors may change pursuant to Motorola Solutions’ business decisions. The Customer is responsible for complying with all IDS licensing requirements and fees, if any.
This service does not include releases for Motorola Solutions products that are not ASTRO 25 L, M, and Simplified Core radio network infrastructure equipment. The following are examples of excluded products: WAVE PTX™, Critical Connect, and VESTA® solutions.
K Core ASTRO 25 systems are excluded.
Motorola Solutions product updates are not included in these services. Shared network infrastructure firmware, such as transport and firewall firmware, are not included in these services.
4.2.2.6 Customer Responsibilities
Provide Motorola Solutions with predefined information necessary to complete a Customer Support Plan (“CSP”) prior to the Agreement start date. Provide timely updates on changes of information supplied in the CSP to Motorola Solutions’ assigned CSM.
Update Motorola Solutions with any changes in contact information, specifically for authorized users of Motorola Solutions’ secure website. Provide means for accessing Motorola Solutions’ secure website to collect the pretested files.
Implement recommended remediation(s) on the Customer’s system, as determined necessary by the Customer.
Adhere closely to the Motorola Solutions Centralized Managed Support Operations (“CMSO”) troubleshooting guidelines provided upon system acquisition. Failure to follow CMSO guidelines may cause the Customer and Motorola Solutions unnecessary or overly burdensome remediation efforts. In such cases, Motorola Solutions reserves the right to charge an additional fee for the remediation effort. Upgrade system to a supported system release when needed to continue service.
Contact Motorola Solutions’ assigned CSM for the latest supported releases. Comply with the terms of applicable license agreements between the Customer and non-Motorola Solutions software copyright owners.
4.2.2.7 Installation and Reboot Responsibilities
Installation and Reboot responsibilities are determined by the specific SUS package being purchased. Table 4-3 contains the breakdown of responsibilities. 746
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The information furnished with this Statement of Work (SOW) is proprietary information of Motorola Solutions, Inc. (Motorola Solutions). Such information is submitted with the restriction that it is to be used only for evaluation or performance of the SOW, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate or perform the SOW, without the express written permission of Motorola Solutions.
MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2022 Motorola Solutions, Inc. All rights reserved.
Microsoft Windows servers and workstations often need to be rebooted before security updates take full effect and mitigate vulnerabilities.
Table 4-3: Installation and Reboot Responsibilities Matrix SUS Package Motorola Solutions
Responsibilities
Customer Responsibilities
Security
Update
Service
Customer
Self-installed
Deploy pretested files to the Customer’s
system as instructed in the “Read Me”
text provided on Motorola Solutions’
secure website.
When a security update requires a
reboot, reboot servers and workstations
after security updates are installed.
Security
Update
Service with
On-site
Delivery
Dispatch a technician to deploy
pretested files to the Customer’s
system.
When a security update requires
a reboot, reboot servers and
workstations after security
updates are installed.
Acknowledge Motorola Solutions will
reboot servers and workstations, and
agree to timing.
Security
Update
Service with
Reboot
Support
When a security update requires
a reboot, dispatch a technician to
reboot servers and workstations
after security updates are
installed
Deploy pretested files to the Customer’s
system as instructed in the “Read Me”
text provided on Motorola Solutions’
secure website.
4.2.2.8 Disclaimer
This service tests OEM security updates. Delivering security updates for specific software depends on OEM support for that software. If an OEM removes support (end-of-life) from deployed software, Motorola Solutions will work with the OEM to reduce the impact, but may remove support for the affected software from this service without notice.
OEMs determine security update schedules, supportability, or release availability without consultation from Motorola Solutions. Motorola Solutions will obtain and test security updates when they are made available, and incorporate those security updates into the next appropriate release.
Motorola Solutions disclaims any warranty with respect to pretested database security updates, hypervisor patches, operating system software patches, intrusion detection sensor signature files, or other third-party files, express or implied. Further, Motorola Solutions disclaims any warranty concerning non-Motorola Solutions software and does not guarantee Customers’ systems will be error-free or immune to security breaches as a result of these services.
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The information furnished with this Statement of Work (SOW) is proprietary information of Motorola Solutions, Inc. (Motorola Solutions). Such information is submitted with the restriction that it is to be used only for evaluation or performance of the SOW, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate or perform the SOW, without the express written permission of Motorola Solutions.
MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2022 Motorola Solutions, Inc. All rights reserved.
4.3 PRIORITY LEVEL DEFINITIONS AND RESPONSE TIMES
Table 4-4 describes the criteria Motorola Solutions uses to prioritize incidents and service requests, and lists the response times for those priority levels.
Table 4-4: Priority Level Definitions and Response Times Incident
Priority
Incident Definition Initial Response Time On-site Response Time
Critical P1 Core: Core server or core link failure. No
redundant server or link available.
Sites/Subsites: Primary site down. Two RF
sites or more than 10% of RF sites down,
whichever is greater.
Consoles: More than 40% of a site’s console
positions down.
Conventional Channels: Conventional
Channel Gateways (CCGW) down without
redundant gateways available.
Security Features: Security is non-functional
or degraded.
Response provided 24/7
until service restoration.
Technical resource will
acknowledge incident and
respond within 1 hour of
CMSO logging incident.
Response provided
24/7 until service
restoration.
Field service technician
arrival on-site within 4
hours of receiving
dispatch notification.
High P2 Core: Core server or link failures. Redundant
server or link available.
Consoles: Between 20% and 40% of a site’s
console positions down.
Sites/Subsites: One RF site or up to 10% of
RF sites down, whichever is greater.
Conventional Channels: Up to 50% of
CCGWs down. Redundant gateways
available.
Network Elements: Site router, site switch, or
GPS server down. No redundant networking
element available.
Response provided 24/7
until service restoration.
Technical resource will
acknowledge incident and
respond within 4 hours of
CMSO logging incident.
Response provided
24/7 until service
restoration.
Field service technician
arrival on-site within 4
hours of receiving
dispatch notification.
Medium P3 Consoles: Up to 20% of a site’s console
positions down.
Conventional Channels: Single channel
down. Redundant gateway available.
Network Elements: Site router/switch or GPS
server down. Redundant networking element
available.
Response provided during
normal business hours
until service restoration.
Technical resource will
acknowledge incident and
respond within 1 Business
Day of CMSO logging
incident.
Response provided
during normal business
hours until service
restoration.
Field service technician
arrival on-site within 8
hours of receiving
dispatch notification.
Low P4 Service Requests: Minor events and
warnings in the system. Preventative and
planned maintenance activities (scheduled
work).
Response provided during
normal business hours.
Motorola Solutions will
acknowledge and respond
within 1 Business Day.
Not applicable.
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PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Equipment list 5-1 SECTION 5
EQUIPMENT LIST
This section lists the equipment necessary for Beaumont PD’s migration to the PSEC Radio System which is being supplied by Motorola as part of ERICA’s existing SUA II program.
QTY NOMENCLATURE DESCRIPTION
2 T8492 SITE ROUTER & FIREWALL- AC
2 CA03445AA ADD: MISSION CRITICAL HARDENING
2 CA03446AA ADD: ENCRYPTION
2 CA03448AA ADD: STATEFUL FIREWALL
2 CLN1868 2930F 24-PORT SWITCH
3 TT3903A Z2 G5 MINI WORKSTATION NON RETURNABLE
1 TT3903A Z2 G5 MINI WORKSTATION NON RETURNABLE
1 TT3903A Z2 G5 MINI WORKSTATION NON RETURNABLE
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PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Project Schedule 6-1 SECTION 6
PROJECT SCHEDULE
Motorola estimates the project implementation to be approximately six (6) months from Contract Execution to Final Acceptance, based on accounting for longer than usual equipment shipment lead times. As part of the Design Review and Implementation Planning, the implementation project schedule will be fine-tuned by Motorola’s Project Manager with Beaumont PD’s project team. A preliminary project schedule is included the following pages. 750
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IDTask NameDuration Start Finish1Beaumont PSEC Migration Project171 dMon 10/31/22Fri 6/30/232Project Initiation5 dMon 10/31/22Fri 11/4/223Contract Award0 dMon 10/31/22Mon 10/31/224Contract Administration2 dMon 10/31/22Tue 11/1/225Post Sale Transition Meeting Completed1 dWed 11/2/22Wed 11/2/226Internal Project Plan/Design Review2 dWed 11/2/22Thu 11/3/227Customer Kick Off1 dFri 11/4/22Fri 11/4/228Project Planning5 dMon 11/7/22Fri 11/11/229Design Review (DR)5 dMon 11/7/22Fri 11/11/2210Customer Contract/Design Review5 dMon 11/7/22Fri 11/11/2211System Description / SOW5 dMon 11/7/22Fri 11/11/2212Test Acceptance Plans5 dMon 11/7/22Fri 11/11/2213Implementation Plan5 dMon 11/7/22Fri 11/11/2214Implementation Approval0 dFri 11/11/22Fri 11/11/2215Project Execution153 dMon 11/14/22Tue 6/20/2316Order Processing2 dMon 11/14/22Tue 11/15/2217Process SUA II Covered Equipment List and Make Order2 dMon 11/14/22Tue 11/15/2218Order Bridged0 dTue 11/15/22Tue 11/15/2219Manufacturing and Staging130 dWed 11/16/22Fri 5/19/2320OEM Equipment Manufacturing & Shipping25 wksWed 11/16/22Fri 5/12/2321Ship Equipment to Field5 dMon 5/15/23Fri 5/19/2322Field Staging13 dMon 5/22/23Thu 6/8/2323Receive and Inventory Equipment1 dMon 5/22/23Mon 5/22/2324Field Stage Console System5 dTue 5/23/23Tue 5/30/2325Perform Staging Verification5 dWed 5/31/23Tue 6/6/2326Master Site Console Configuration/Programming5 dWed 5/31/23Tue 6/6/2327Dispatch Site Console Configuration/Programming5 dWed 5/31/23Tue 6/6/2328Equipment Staging and Configuration Complete0 dTue 6/6/23Tue 6/6/2329Perform Functional ATP (FATP)2 dWed 6/7/23Thu 6/8/2330FATP Acceptance0 dThu 6/8/23Thu 6/8/2331Site Installation and Cutover10 dWed 6/7/23Tue 6/20/2332Link Verification2 dWed 6/7/23Thu 6/8/2333Install FNE2 dFri 6/9/23Mon 6/12/2334Optimize System FNE2 dTue 6/13/23Wed 6/14/2335Optimization Complete0 dWed 6/14/23Wed 6/14/2336Migrate Consoles3 dThu 6/15/23Mon 6/19/2310/3111/1111/156/66/86/14Qtr 2, 2022Qtr 3, 2022Qtr 4, 2022Qtr 1, 2023Qtr 2, 2023Qtr 3, 2023TaskCritical TaskImminent CriticalNear CriticalBL TaskMilestoneCrtical MilestoneImminent Critical MSNear Critical MSBL MilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryExternal TasksExternal MilestoneDeadlineProgressManual ProgressPage 1Project: Beaumont PSEC MigratDate: Wed 9/21/22 751Item 20.
IDTask NameDuration Start Finish37Final Acceptance0 dMon 6/19/23Mon 6/19/2338Remove legacy equipment1 dTue 6/20/23Tue 6/20/2339Project Close8 dWed 6/21/23Fri 6/30/2340Finalize System Documentation5 dWed 6/21/23Tue 6/27/2341Punchlist Resolution2 dWed 6/28/23Thu 6/29/2342Complete Service Transition Meeting1 dFri 6/30/23Fri 6/30/2343Project Complete0 dFri 6/30/23Fri 6/30/236/19Qtr 2, 2022Qtr 3, 2022Qtr 4, 2022Qtr 1, 2023Qtr 2, 2023TaskCritical TaskImminent CriticalNear CriticalBL TaskMilestoneCrtical MilestoneImminent Critical MSNear Critical MSBL MilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryExternal TasksExternal MilestoneDeadlineProgressManual ProgressPage 2Project: Beaumont PSEC MigratDate: Wed 9/21/22 752Item 20.
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Motorola Solutions Confidential Restricted Pricing 7-1
SECTION 7
PRICING
7.1 SYSTEM INTEGRATION PRICING
Motorola is pleased to provide the following system integration, support, and SUA II lifecycle services to Beaumont PD:
Description Price (USD)
System Integration Services $149,447
Grand Total $149,447
Motorola’s SUA II and Support services will be invoiced on an annual basis and follow the below payment schedule (taxes not included):
Year 1* Year 2 Year 3 Year 4 Year 5 Year 6 Total
Technical
Support
and SUS
$3,107 $7,829 $8,220 $8,631 $9,063 $9,516 $46,366
SUA II $7,849 $18,894 $18,952 $19,014 $19,078 $19,146 $102,934 *Note: Year 1 begins July 1, 2023.
7.2 MATERIALS AND LABOR PRICE INCREASE
In the event that there are significant increases in the prices that Motorola pays for materials and supplies for the work to be performed between the date the Agreement is signed and the date that materials are purchased for the work to be performed, Motorola shall be entitled to additional compensation from Customer as described herein. A significant increase in price is defined herein as an increase as to any specific items of materials of three percent (3%) or more from original proposal. In such a case, Customer shall pay to Motorola, on request, all sums by which the cost to Motorola for any such items of materials has increased beyond 3%. This would apply, but not be limited to price increases in any components included in the Bill of Materials or Scope of Work as well as manufactured products and equipment or third party manufactured products and equipment. Motorola shall not be responsible for increased prices of materials when caused by delays, shortages or unavailability of materials due to conditions not caused by Contractor. Any pricing change would be documented in a change order executed with the Customer. 753
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Motorola Solutions Confidential Restricted Contractual Documentation 8-1 SECTION 8
CONTRACTUAL
DOCUMENTATION
SUA related tasks and activities, identified in Section 2 of this proposal, shall be subject to the terms and conditions of the Eastern Riverside County Interoperable Communications Authority (ERICA) ASTRO P25 SYSTEM Upgrade Agreement dated on June 7, 2013 between Motorola Solutions, Inc and the Eastern Riverside County Interoperable Communications Authority. For all other additional tasks and activities not identified in Section 2 of this proposal, the terms and conditions of the attached Communication System and Services Agreement, including its exhibits and Addendum, will apply.
COMMUNICATIONS SYSTEM AND SERVICES AGREEMENT
Motorola Solutions, Inc. (“Motorola”) and _______________________________________ (“Customer”) enter into this “Agreement,” pursuant to which Customer will purchase and Motorola will sell the System and Services, as described below. Motorola and Customer may be referred to individually as a “Party” and collectively as the “Parties.” For good and valuable consideration, the Parties agree as follows:
Section 1 ATTACHMENTS
1.1. EXHIBITS. The Exhibits listed below are exhibits related to the System sale and implementation. These Exhibits are incorporated into and made a part of this Agreement.
Exhibit A “Motorola Software License Agreement”
Exhibit B “Payment”
Exhibit C Technical and Implementation Documents
C-1 “System Description” dated _______________
C-2 “Pricing Summary & Equipment List” dated _______________ C-3 “Implementation Statement of Work” dated _______________ C-4 “Acceptance Test Plan” or “ATP” dated _______________ C-5 “Performance Schedule” dated _______________
Exhibit D “System Acceptance Certificate”
1.2. ADDENDUM (ADDENDA). Customer may elect to purchase professional or subscription services in addition to the System and related services. Any such services will be governed by the terms in the main body of the Agreement and an applicable Addendum containing terms specific to such service. Such Addenda will be labeled with the name of the service being purchased.
1.3 ORDER OF PRECEDENCE. In interpreting this Agreement and resolving any ambiguities: 1) the main body of this Agreement takes precedence over the exhibits (unless otherwise specified in an exhibit), and any inconsistency between Exhibits A through D will be resolved in their listed order, and 2) The applicable service Addendum will take precedence over the main body of the Agreement and the Exhibits.
Section 2 DEFINITIONS
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Motorola Solutions Confidential Restricted Contractual Documentation 8-2 Capitalized terms used in this Agreement have the following meanings:
“Acceptance Tests” means those tests described in the Acceptance Test Plan.
“Addendum (Addenda)” is the title of the document(s) containing a specific set of terms and conditions applicable to a particular service or other offering beyond the Communication System and System implementation services. The terms in the Addendum are applicable only to the specific service or offering described therein.
“Administrative User Credentials” means an account that has total access over the operating system, files, end user accounts and passwords at either the System level or box level. Customer’s personnel with access to the Administrative User Credentials may be referred to as the Administrative User.
“Beneficial Use” means when Customer first uses the System or a Subsystem for operational purposes (excluding training or testing).
“Confidential Information” means all information consistent with the fulfillment of this Agreement that is (i) disclosed under this Agreement in oral, written, graphic, machine recognizable, and/or sample form, being clearly designated, labeled or marked as confidential or its equivalent or (ii) obtained by examination, testing or analysis of any hardware, software or any component part thereof provided by discloser to recipient. The nature and existence of this Agreement are considered Confidential Information. Confidential Information that is disclosed orally must be identified as confidential at the time of disclosure and confirmed by the discloser by submitting a written document to the recipient within thirty (30) days after such disclosure. The written document must contain a summary of the Confidential Information disclosed with enough specificity for identification purpose and must be labeled or marked as confidential or its equivalent.
“Contract Price” means the price for the System and implementation Services, excluding applicable sales or similar taxes and freight charges. Further, unless otherwise stated in Exhibit B, “Payment” or the pricing pages of the proposal, recurring fees for maintenance, SUA, or subscription services are not included in the Contract Price.
“Deliverables” means all written information (such as reports, specifications, designs, plans, drawings, analytics, Solution Data, or other technical or business information) that Motorola prepares for Customer in the performance of the Services and is obligated to provide to Customer under this Agreement. The Deliverables, if any, are more fully described in the Statement of Work.
“Derivative Proprietary Materials” means derivatives of the Proprietary Materials that Motorola may from time to time, including during the course of providing the Services, develop and/or use and/or to which Motorola provides Customer access.
“Effective Date” means that date upon which the last Party executes this Agreement.
“Equipment” means the hardware components of the Solution that Customer purchases from Motorola under this Agreement. Equipment that is part of the System is described in the Equipment List.
“Feedback” means comments or information, in oral or written form, given to Motorola by Customer in connection with or relating to Equipment or Services, during the term of this Agreement.
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Motorola Solutions Confidential Restricted Contractual Documentation 8-3 “Force Majeure” means an event, circumstance, or act that is beyond a Party’s reasonable control, such as an act of God, an act of the public enemy, an act of a government entity, strikes, other labor disturbances, supplier performance, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, riots, or any other similar cause.
“Motorola Software” means software that Motorola or its affiliated companies owns.
“Non-Motorola Software” means software that a party other than Motorola or its affiliated companies owns.
“Open Source Software” (also called “freeware” or “shareware”) means software with either freely obtainable source code, license for modification, or permission for free distribution.
“Proprietary Materials” means certain software tools and/or other technical materials, including, but not limited to, data, modules, components, designs, utilities, subsets, objects, program listings, models, methodologies, programs, systems, analysis frameworks, leading practices and specifications which Motorola has developed prior to, or independently from, the provision of the Services and/or which Motorola licenses from third parties.
“Proprietary Rights” means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know-how, and other intellectual property rights in and to the Equipment and Software, including those created or produced by Motorola under this Agreement and any corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software whether made by Motorola or another party.
“Services” means system implementation, maintenance, support, subscription, or other professional services provided under this Agreement, which may be further described in the applicable Addendum and/or SOW.
“Software” (i) means proprietary software in object code format, and adaptations, translations, de- compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement.
“Software License Agreement” means the Motorola Software License Agreement (Exhibit A).
“Software Support Policy” (“SwSP”) means the policy set forth at https://www.motorolasolutions.com/content/dam/msi/secure/services/software_policy.pdf describing the specific technical support that will be provided to Customers under the Warranty Period and during any paid maintenance support period for Motorola Software. This policy may be modified from time to time at Motorola’s discretion.
“Solution” means the combination of the System(s) and Services provided by Motorola under this Agreement.
“Solution Data” means Customer data that is transformed, altered, processed, aggregated, correlated or operated on by Motorola, its vendors or other data sources and data that has been manipulated or retrieved using Motorola know-how to produce value-added content to data consumers, including customers or citizens which is made available to Customer with the Solution and Services. 756
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Motorola Solutions Confidential Restricted Contractual Documentation 8-4
“Specifications” means the functionality and performance requirements that are described in the Technical and Implementation Documents.
“SUA” or “SUA II” means Motorola’s Software Upgrade Agreement program.
“Subsystem” means a major part of the System that performs specific functions or operations.
Subsystems are described in the Technical and Implementation Documents.
“System” means the Equipment, including incidental hardware and materials, Software, and design, installation and implementation services that are combined together into an integrated system; the System(s) is (are) described in the Technical and Implementation Documents.
“System Acceptance” means the Acceptance Tests have been successfully completed. “System Data” means data created by, in connection with or in relation to Equipment or the performance of Services under this Agreement.
“Warranty Period” for System Hardware, Software, or services related to system implementation means one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first.
Unless otherwise stated in the applicable Addendum, Warranty Period for other Services means ninety (90) days from performance of the Service.
Section 3 SCOPE OF AGREEMENT AND TERM
3.1. SCOPE OF WORK. Motorola will provide, install and test the System(s), and perform its other contractual responsibilities to provide the Solution, all in accordance with this Agreement. Customer will perform its contractual responsibilities in accordance with this Agreement.
3.2. CHANGE ORDERS. Either Party may request changes within the general scope of this Agreement. If a requested change causes an increase or decrease in the cost or time required to perform this Agreement, the Parties will agree to an equitable adjustment of the Contract Price or applicable subscription fees, Performance Schedule, or both, and will reflect the adjustment in a change order or Addendum. Neither Party is obligated to perform requested changes unless both Parties execute a written change order.
3.3. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues until the date of Final Project Acceptance or expiration of the Warranty Period, or completion of the Services, whichever occurs last. The term and the effective date of recurring Services will be set forth in the applicable Addendum.
3.4. ADDITIONAL EQUIPMENT OR SOFTWARE. For three (3) years after the expiration date of the Agreement, Customer may order additional Equipment or Software, if it is then available. Each purchase order must refer to this Agreement, the expiration date of the Agreement, and must specify the pricing and delivery terms. The Parties agree that, notwithstanding expiration of the Agreement, the applicable provisions of this Agreement (except for pricing, delivery, passage of title and risk of loss to Equipment, warranty commencement, and payment terms) will govern the purchase and sale of the additional Equipment or Software. Additional or contrary terms in the purchase order will be inapplicable, unless signed by both parties. Title and risk of loss to additional Equipment will pass at shipment, warranty will commence upon delivery, and payment is due within thirty (30) days after the 757
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Motorola Solutions Confidential Restricted Contractual Documentation 8-5 invoice date. Motorola will send Customer an invoice as the additional Equipment is shipped or Software is licensed. Alternatively, Customer may register with and place orders through Motorola Online (“MOL”), and this Agreement will be the “Underlying Agreement” for those MOL transactions rather than the MOL On-Line Terms and Conditions of Sale. MOL registration and other information may be found at https://businessonline.motorolasolutions.com and the MOL telephone number is (800) 814-0601.
3.5. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to Customer solely in accordance with the Software License Agreement. Customer hereby accepts and agrees to abide by all of the terms and restrictions of the Software License Agreement.
3.6. NON-MOTOROLA SOFTWARE. Any Non-Motorola Software is licensed to Customer in accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyright owner has granted to Motorola the right to sublicense the Non-Motorola Software pursuant to the Software License Agreement, in which case it applies and the copyright owner will have all of Licensor’s rights and protections under the Software License Agreement. Motorola makes no representations or warranties of any kind regarding Non-Motorola Software. Non-Motorola Software may include Open Source Software.
3.7. SUBSTITUTIONS. At no additional cost to Customer, Motorola may substitute any Equipment, Software, or services to be provided by Motorola, if the substitute meets or exceeds the Specifications and is of equivalent or better quality to the Customer. Any substitution will be reflected in a change order.
3.8. OPTIONAL EQUIPMENT OR SOFTWARE. This paragraph applies only if a “Priced Options” exhibit is shown in Section 1, or if the parties amend this Agreement to add a Priced Options exhibit.
During the term of the option as stated in the Priced Options exhibit (or if no term is stated, then for one (1) year after the Effective Date), Customer has the right and option to purchase the equipment, software, and related services that are described in the Priced Options exhibit. Customer may exercise this option by giving written notice to Seller which must designate what equipment, software, and related services Customer is selecting (including quantities, if applicable). To the extent they apply, the terms and conditions of this Agreement will govern the transaction; however, the parties acknowledge that certain provisions must be agreed upon, and they agree to negotiate those in good faith promptly after Customer delivers the option exercise notice. Examples of provisions that may need to be negotiated are: specific lists of deliverables, statements of work, acceptance test plans, delivery and implementation schedules, payment terms, maintenance and support provisions, additions to or modifications of the Software License Agreement, hosting terms, and modifications to the acceptance and warranty provisions.
Section 4 SERVICES
4.1. If Customer desires and Motorola agrees to continue Services beyond the Term, Customer’s issuance and Motorola’s acceptance of a purchase order for Services will serve as an automatic extension of the Agreement for purposes of the continuing Services. Only the terms and conditions applicable to the performance of Services will apply to the extended Agreement.
4.2. During the Warranty Period, in addition to warranty services, Motorola will provide maintenance Services for the Equipment and support for the Motorola Software pursuant to the applicable maintenance and support Statements of Work. Support for the Motorola Software will be in accordance with Motorola's established Software Support Policy. Copies of the SwSP can be found at https://www.motorolasolutions.com/content/dam/msi/secure/services/software_policy.pdf and will be 758
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Motorola Solutions Confidential Restricted Contractual Documentation 8-6 sent by mail, email or fax to Customer upon written request. Maintenance Services and support during the Warranty Period are included in the Contract Price. Unless already included in the Contract Price, if Customer wishes to purchase 1) additional maintenance or software support services during the Warranty Period; or 2) continue or expand maintenance, software support, installation, and/or SUA services after the Warranty Period, Motorola will provide the description of and pricing for such services in a separate proposal document. Unless otherwise agreed by the parties in writing, the terms and conditions in this Agreement applicable to maintenance, support, installation, and/or SUA Services, will be included in the Maintenance and Support Addendum, SUA Addendum, the applicable Statements of Work, and the proposal, (if applicable). These collective terms will govern the provision of such Services.
To obtain any such additional Services, Customer will issue a purchase order referring to this Agreement and the separate proposal document. Omission of reference to this Agreement in Customer’s purchase order will not affect the applicability of this Agreement. Motorola’s proposal may include a cover page entitled “Service Agreement” or “Installation Agreement”, as applicable, and other attachments. These cover pages and other attachments are incorporated into this Agreement by this reference
4.3. PROFESSIONAL AND SUBSCRIPTION SERVICES. If Customer purchases professional or subscription Services as part of the Solution, additional or different terms specific to such Service will be included in the applicable Addendum and will apply to those Services. Customer may purchase additional professional or subscription services by issuing a purchase order referencing this Agreement and Motorola’s proposal for such additional services.
4.4. Any information in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer in providing Services under this Agreement or Motorola data viewed, accessed, will remain Motorola’s property, will be deemed proprietary, Confidential Information. This Confidential Information will be promptly returned at Motorola's request.
4.5. TOOLS. All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of providing Services under this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer’s custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola’s use without charge and may be removed from Customer’s premises by Motorola at any time without restriction. Upon termination of the contract for any reason, Customer shall return to Motorola all equipment delivered to Customer.
4.6. COVENANT NOT TO EMPLOY. During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering Services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law.
4.7. CUSTOMER OBLIGATIONS. If the applicable Statement of Work or Addendum contains assumptions that affect the Services or Deliverables, Customer will verify that they are accurate and complete. Any information that Customer provides to Motorola concerning the Services or Deliverables will be accurate and complete in all material respects. Customer will make timely decisions and obtain any required management approvals that are reasonably necessary for Motorola to perform the 759
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Motorola Solutions Confidential Restricted Contractual Documentation 8-7 Services and its other duties under this Agreement. Unless the Statement of Work states the contrary, Motorola may rely upon and is not required to evaluate, confirm, reject, modify, or provide advice concerning any assumptions and Customer-provided information, decisions and approvals described in this paragraph.
4.8. ASSUMPTIONS. If any assumptions or conditions contained in this Agreement, applicable Addenda or Statements of Work prove to be incorrect or if Customer’s obligations are not performed, Motorola’s ability to perform under this Agreement may be impacted and changes to the Contract Price, subscription fees, project schedule, Deliverables, or other changes may be necessary.
4.9. NON-PRECLUSION. If, as a result of the Services performed under this Agreement, Motorola recommends that Customer purchase products or other services, nothing in this Agreement precludes Motorola from participating in a future competitive bidding process or otherwise offering or selling the recommended products or other services to Customer. Customer represents that this paragraph does not violate its procurement or other laws, regulations, or policies.
4.10. PROPRIETARY MATERIALS. Customer acknowledges that Motorola may use and/or provide Customer with access to Proprietary Materials and Derivative Proprietary Materials. The Proprietary Materials and the Derivative Proprietary Materials are the sole and exclusive property of Motorola and Motorola retains all right, title and interest in and to the Proprietary Materials and Derivative Proprietary Materials.
4.11. ADDITIONAL SERVICES. Any services performed by Motorola outside the scope of this Agreement at the direction of Customer will be considered to be additional Services which are subject to additional charges. Any agreement to perform additional Services will be reflected in a written and executed change order, Addendum or amendment to this Agreement.
Section 5 PERFORMANCE SCHEDULE
The Parties will perform their respective responsibilities in accordance with the Performance Schedule.
By executing this Agreement, Customer authorizes Motorola to proceed with contract performance.
Section 6 CONTRACT PRICE, PAYMENT AND INVOICING
6.1. Customer affirms that a purchase order or notice to proceed is not required for contract performance or for subsequent years of service, if any, and that sufficient funds have been appropriated in accordance with applicable law. The Customer will pay all invoices as received from Motorola and any changes in scope will be subject to the change order process as described in this Agreement. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement.
6.2. CONTRACT PRICE. The Contract Price in U.S. dollars is $________________________. If applicable, a pricing summary is included with the Payment schedule in Exhibit B. Motorola has priced the Services, Software, and Equipment as an integrated System. A change in Software or Equipment quantities, or Services, may affect the overall Contract Price, including discounts if applicable. Fees for professional, SUA, and/or subscription services which are not included in the Contract Price may be listed in Exhibit B, the pricing pages of the proposal, or the applicable Addendum.
6.3. INVOICING AND PAYMENT. Motorola will submit invoices to Customer according to the Payment schedule in Exhibit B. Invoices will be mailed or emailed to Customer pursuant to Section 6.5, Invoicing and Shipping Addresses. Except for a payment that is due on the Effective Date, Customer 760
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Motorola Solutions Confidential Restricted Contractual Documentation 8-8 will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a wire transfer, check, or cashier’s check from a U.S. financial institution. Overdue invoices will bear simple interest at the maximum allowable rate. For reference, the Federal Tax Identification Number for Motorola is 36-1115800.
6.4. FREIGHT, TITLE, AND RISK OF LOSS. Motorola will pre-pay and add all freight charges to the invoices. Title and risk of loss to the Equipment will pass to Customer upon shipment. Title to Software will not pass to Customer at any time. Motorola will pack and ship all Equipment in accordance with good commercial practices.
6.5. INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the following address:
Name:______________________________________________________________________________ Address:_____________________________________________________________________________ Phone:______________________________________________________________________________
E-INVOICE. To receive invoices via email:
Customer Account Number:____________________________________________________________ Customer Accounts Payable Email:______________________________________________________ Customer CC(optional) Email: __________________________________________________________
The address which is the ultimate destination where the Equipment will be delivered to Customer is:
Name:______________________________________________________________________________ Address:_____________________________________________________________________________
The Equipment will be shipped to the Customer at the following address (insert if this information is known):
Name:______________________________________________________________________________ Address:_____________________________________________________________________________ Phone:______________________________________________________________________________
Customer may change this information by giving written notice to Motorola.
Section 7 SITES AND SITE CONDITIONS
7.1. ACCESS TO SITES. In addition to its responsibilities described elsewhere in this Agreement, Customer will provide a designated project manager; all necessary construction and building permits, zoning variances, licenses, and any other approvals that are necessary to develop or use the sites and mounting locations; and access to the worksites or vehicles identified in the Technical and Implementation Documents as reasonably requested by Motorola so that it may perform its duties in accordance with the Performance Schedule and Statement of Work. If the Statement of Work so indicates, Motorola may assist Customer in the local building permit process.
7.2. SITE CONDITIONS. Customer will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable industry and OSHA standards. To the extent applicable and unless the Statement of Work states to the contrary, Customer will ensure that these work sites have adequate: physical space; air conditioning and other environmental conditions; adequate and appropriate electrical power outlets, distribution, equipment and connections; and adequate telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System. Before installing the Equipment or Software at a work site, Motorola may inspect the work site and advise Customer of any apparent deficiencies or non-conformities with the requirements of this Section. This Agreement is 761
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Motorola Solutions Confidential Restricted Contractual Documentation 8-9 predicated upon normal soil conditions as defined by the version of E.I.A. standard RS-222 in effect on the Effective Date.
7.3. SITE ISSUES. If a Party determines that the sites identified in the Technical and Implementation Documents are no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any site differ from those indicated in the Technical and Implementation Documents, the Parties will promptly investigate the conditions and will select replacement sites or adjust the installation plans and specifications as necessary. If change in sites or adjustment to the installation plans and specifications causes a change in the cost or time to perform, the Parties will equitably amend the Contract Price, Performance Schedule, or both, by a change order.
Section 8 TRAINING
Any training to be provided by Motorola to Customer will be described in the applicable Statement of Work. Customer will notify Motorola immediately if a date change for a scheduled training program is required. If Motorola incurs additional costs because Customer reschedules a training program less than thirty (30) days before its scheduled start date, Motorola may recover these additional costs.
Section 9 SYSTEM ACCEPTANCE
9.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Customer at least ten (10) days notice before the Acceptance Tests commence. System testing will occur only in accordance with the Acceptance Test Plan.
9.2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of the Acceptance Tests. Upon System Acceptance, the Parties will memorialize this event by promptly executing a System Acceptance Certificate. If the Acceptance Test Plan includes separate tests for individual Subsystems or phases of the System, acceptance of the individual Subsystem or phase will occur upon the successful completion of the Acceptance Tests for the Subsystem or phase, and the Parties will promptly execute an acceptance certificate for the Subsystem or phase. If Customer believes the System has failed the completed Acceptance Tests, Customer will provide to Motorola a written notice that includes the specific details of the failure. If Customer does not provide to Motorola a failure notice within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be deemed to have occurred as of the completion of the Acceptance Tests. Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance or Subsystem acceptance, but will be corrected according to a mutually agreed schedule.
9.3. BENEFICIAL USE. Customer acknowledges that Motorola’s ability to perform its implementation and testing responsibilities may be impeded if Customer begins using the System before System Acceptance. Therefore, Customer will not commence Beneficial Use before System Acceptance without Motorola’s prior written authorization, which will not be unreasonably withheld.
Motorola is not responsible for System performance deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use, Customer assumes responsibility for the use and operation of the System.
9.4. FINAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance when all deliverables and other work have been completed. When Final Project Acceptance occurs, the parties will promptly memorialize this final event by so indicating on the System Acceptance Certificate.
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Motorola Solutions Confidential Restricted Contractual Documentation 8-10 Section 10 REPRESENTATIONS AND WARRANTIES
10.1. SYSTEM FUNCTIONALITY. Motorola represents that the System will perform in accordance with the Specifications in all material respects. Upon System Acceptance or Beneficial Use, whichever occurs first, this System functionality representation is fulfilled. Motorola is not responsible for System performance deficiencies that are caused by ancillary equipment not furnished by Motorola which is attached to or used in connection with the System or for reasons or parties beyond Motorola’s control, such as natural causes; the construction of a building that adversely affects the microwave path reliability or radio frequency (RF) coverage; the addition of frequencies at System sites that cause RF interference or intermodulation; or Customer changes to load usage or configuration outside the Specifications.
10.2. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that the Equipment under normal use and service will be free from material defects in materials and workmanship. If System Acceptance is delayed beyond six (6) months after shipment of the Equipment by events or causes beyond Motorola’s control, this warranty expires eighteen (18) months after the shipment of the Equipment.
10.3. SOFTWARE WARRANTY. Except as described in the SwSP and unless otherwise stated in the Software License Agreement, during the Warranty Period, Motorola warrants the Software in accordance with the warranty terms set forth in the Software License Agreement and the provisions of this Section that are applicable to the Software. If System Acceptance is delayed beyond six (6) months after shipment of the Motorola Software by events or causes beyond Motorola’s control, this warranty expires eighteen (18) months after the shipment of the Motorola Software. Nothing in this Warranty provision is intended to conflict or modify the Software Support Policy. In the event of an ambiguity or conflict between the Software Warranty and Software Support Policy, the Software Support Policy governs.
10.4. EXCLUSIONS TO EQUIPMENT AND SOFTWARE WARRANTIES. These warranties do not apply to: (i) defects or damage resulting from: use of the Equipment or Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; Customer’s failure to comply with all applicable industry and OSHA standards; (ii) breakage of or damage to antennas unless caused directly by defects in material or workmanship; (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries (because they carry their own separate limited warranty) or consumables; (v) freight costs to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment; and (vii) normal or customary wear and tear.
10.5. SERVICE WARRANTY. During the Warranty Period, Motorola warrants that the Services will be provided in a good and workmanlike manner and will conform in all material respects to the applicable Statement of Work. Services will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. Customer acknowledges that the Deliverables may contain recommendations, suggestions or advice from Motorola to Customer (collectively, “recommendations”). Motorola makes no warranties concerning those recommendations, and Customer alone accepts responsibility for choosing whether and how to implement the recommendations and the results to be realized from implementing them.
10.6. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of the claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will investigate the warranty claim. If this investigation confirms a valid Equipment or Software warranty 763
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Motorola Solutions Confidential Restricted Contractual Documentation 8-11 claim, Motorola will (at its option and at no additional charge to Customer) repair the defective Equipment or Motorola Software, replace it with the same or equivalent product, or refund the price of the defective Equipment or Motorola Software. These actions will be the full extent of Motorola’s liability for the warranty claim. In the event of a valid Services warranty claim, Customer’s sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. If this investigation indicates the warranty claim is not valid, then Motorola may invoice Customer for responding to the claim on a time and materials basis using Motorola’s then current labor rates. Repaired or replaced product is warranted for the balance of the original applicable warranty period. All replaced products or parts will become the property of Motorola.
10.7. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original user purchasing the System or Services for commercial, industrial, or governmental use only, and are not assignable or transferable.
10.8. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE
WARRANTIES FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS
ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Section 11 DELAYS
11.1. FORCE MAJEURE. Neither Party will be liable for its non-performance or delayed performance if caused by a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay performance will notify the other Party promptly (but in no event later than fifteen days) after it discovers the Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the Performance Schedule or applicable Addenda for a time period that is reasonable under the circumstances.
11.2. PERFORMANCE SCHEDULE DELAYS CAUSED BY CUSTOMER. If Customer (including its other contractors) delays the Performance Schedule, it will make the promised payments according to the Payment schedule as if no delay occurred; and the Parties will execute a change order to extend the Performance Schedule and, if requested, compensate Motorola for all reasonable charges incurred because of the delay. Delay charges may include costs incurred by Motorola or its subcontractors for additional freight, warehousing and handling of Equipment; extension of the warranties; travel; suspending and re-mobilizing the work; additional engineering, project management, and standby time calculated at then current rates; and preparing and implementing an alternative implementation plan.
Section 12 DISPUTES
The Parties will use the following procedure to address any dispute arising under this Agreement (a “Dispute”).
12.1. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws of the State in which the System is installed.
12.2. NEGOTIATION. Either Party may initiate the Dispute resolution procedures by sending a notice of Dispute (“Notice of Dispute”). The Parties will attempt to resolve the Dispute promptly through good faith negotiations including 1) timely escalation of the Dispute to executives who have authority to settle the Dispute and who are at a higher level of management than the persons with direct responsibility for 764
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Motorola Solutions Confidential Restricted Contractual Documentation 8-12 the matter and 2) direct communication between the executives. If the Dispute has not been resolved within ten (10) days from the Notice of Dispute, the Parties will proceed to mediation.
12.3. MEDIATION. The Parties will choose an independent mediator within thirty (30) days of a notice to mediate from either Party (“Notice of Mediation”). Neither Party may unreasonably withhold consent to the selection of a mediator. If the Parties are unable to agree upon a mediator, either Party may request that American Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Each Party will participate in the mediation in good faith and will be represented at the mediation by a business executive with authority to settle the Dispute.
12.4. LITIGATION, VENUE and JURISDICTION. If a Dispute remains unresolved for sixty (60) days after receipt of the Notice of Mediation, either Party may then submit the Dispute to a court of competent jurisdiction in the state in which the System is installed. Each Party irrevocably agrees to submit to the exclusive jurisdiction of the courts in such state over any claim or matter arising under or in connection with this Agreement.
12.5. CONFIDENTIALITY. All communications pursuant to subsections 12.2 and 12.3 will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and any additional confidentiality protections provided by applicable law. The use of these Dispute resolution procedures will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either Party.
Section 13 DEFAULT AND TERMINATION
13.1. DEFAULT BY A PARTY. If either Party fails to perform a material obligation under this Agreement, the other Party may consider the non-performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non-performing Party a written and detailed notice of default. Except for a default by Customer for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the plan. If Customer is the defaulting Party, Motorola may stop work on the project until it approves the Customer’s cure plan.
13.2. FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section
13.1, unless otherwise agreed in writing, the non-defaulting Party may terminate any unfulfilled portion of this Agreement. In the event of termination for default, the defaulting Party will promptly return to the non-defaulting Party any of its Confidential Information. If Customer is the non-defaulting Party, terminates this Agreement as permitted by this Section, and completes the System through a third Party, Customer may as its exclusive remedy recover from Motorola reasonable costs incurred to complete the System to a capability not exceeding that specified in this Agreement less the unpaid portion of the Contract Price. Customer will mitigate damages and provide Motorola with detailed invoices substantiating the charges. In the event Customer elects to terminate this Agreement for any reason other than default, Customer shall pay Motorola for the conforming Equipment and/or Software delivered and all services performed.
Section 14 INDEMNIFICATION
14.1. GENERAL INDEMNITY BY Motorola. Motorola will indemnify and hold Customer harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, 765
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Motorola Solutions Confidential Restricted Contractual Documentation 8-13 or direct damage to tangible property which may accrue against Customer to the extent it is caused by the negligence of Motorola, its subcontractors, or their employees or agents, while performing their duties under this Agreement, if Customer gives Motorola prompt, written notice of any claim or suit.
Customer will cooperate with Motorola in its defense or settlement of the claim or suit. This Section sets forth the full extent of Motorola’s general indemnification of Customer from liabilities that are in any way related to Motorola’s performance under this Agreement.
14.2. GENERAL INDEMNITY BY CUSTOMER. Customer will indemnify and hold Motorola harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Motorola to the extent it is caused by the negligence of Customer, its other contractors, or their employees or agents, while performing their duties under this Agreement, if Motorola gives Customer prompt, written notice of any the claim or suit.
Motorola will cooperate with Customer in its defense or settlement of the claim or suit. This Section sets forth the full extent of Customer’s general indemnification of Motorola from liabilities that are in any way related to Customer’s performance under this Agreement.
14.3. PATENT AND COPYRIGHT INFRINGEMENT.
14.3.1. Motorola will defend at its expense any suit brought against Customer to the extent it is based on a third-party claim alleging that the Equipment manufactured by Motorola or the Motorola Software (“Motorola Product”) directly infringes a United States patent or copyright (“Infringement Claim”).
Motorola’s duties to defend and indemnify are conditioned upon: Customer promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and Customer providing to Motorola cooperation and, if requested by Motorola, reasonable assistance in the defense of the Infringement Claim. In addition to Motorola’s obligation to defend, and subject to the same conditions, Motorola will pay all damages finally awarded against Customer by a court of competent jurisdiction for an Infringement Claim or agreed to, in writing, by Motorola in settlement of an Infringement Claim.
14.3.2 If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and expense: (a) procure for Customer the right to continue using the Motorola Product; (b) replace or modify the Motorola Product so that it becomes non-infringing while providing functionally equivalent performance; or (c) accept the return of the Motorola Product and grant Customer a credit for the Motorola Product, less a reasonable charge for depreciation. The depreciation amount will be calculated based upon generally accepted accounting standards.
14.3.3 Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon:
(a) the combination of the Motorola Product with any software, apparatus or device not furnished by Motorola; (b) the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Motorola Product; (c) Motorola Product designed or manufactured in accordance with Customer’s designs, specifications, guidelines or instructions, if the alleged infringement would not have occurred without such designs, specifications, guidelines or instructions; (d) a modification of the Motorola Product by a party other than Motorola; (e) use of the Motorola Product in a manner for which the Motorola Product was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to install an enhancement release to the Motorola Software that is intended to correct the claimed infringement. In no event will Motorola’s liability resulting from its indemnity obligation to Customer extend in any way to royalties payable on a per use basis or the Customer’s revenues, or any royalty basis other than a reasonable royalty based upon revenue derived by Motorola from Customer from sales or license of the infringing Motorola Product.
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Motorola Solutions Confidential Restricted Contractual Documentation 8-14
14.3.4. This Section 14 provides Customer’s sole and exclusive remedies and Motorola’s entire liability in the event of an Infringement Claim. Customer has no right to recover and Motorola has no obligation to provide any other or further remedies, whether under another provision of this Agreement or any other legal theory or principle, in connection with an Infringement Claim. In addition, the rights and remedies provided in this Section 14 are subject to and limited by the restrictions set forth in Section
15. Section 15 LIMITATION OF LIABILITY
Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of the Equipment, Software, or implementation and other one-time Services with respect to which losses or damages are claimed. With respect to all subscription or other ongoing Services and unless as otherwise provided under the applicable Addenda, Motorola’s total liability will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Services preceding the incident giving rise to the claim.
ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES,
THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS,
INCONVENIENCE, LOSS OF USE, LOSS TIME, DATA, GOODWILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN
ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE
EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account.
Section 16 CONFIDENTIALITY AND PROPRIETARY RIGHTS
16.1. CONFIDENTIAL INFORMATION.
16.1.1. Each party is a disclosing party (“Discloser”) and a receiving party (“Recipient”) under this Agreement. All Deliverables will be deemed to be Motorola’s Confidential Information. During the term of this Agreement and for a period of three (3) years from the expiration or termination of this Agreement, Recipient will (i) not disclose Confidential Information to any third party; (ii) restrict disclosure of Confidential Information to only those employees (including, but not limited to, employees of any wholly owned subsidiary, a parent company, any other wholly owned subsidiaries of the same parent company), agents or consultants who must be directly involved with the Confidential Information for the purpose and who are bound by confidentiality terms substantially similar to those in this Agreement; (iii) not copy, reproduce, reverse engineer, decompile, or disassemble any Confidential Information; (iv) use the same degree of care as for its own information of like importance, but at least use reasonable care, in safeguarding against disclosure of Confidential Information; (v) promptly notify Discloser upon discovery of any unauthorized use or disclosure of the Confidential Information and take reasonable steps to regain possession of the Confidential Information and prevent further unauthorized actions or other breach of this Agreement; and (vi) only use the Confidential Information as needed to fulfill this Agreement.
16.1.2. Recipient is not obligated to maintain as confidential, Confidential Information that Recipient can demonstrate by documentation (i) is now available or becomes available to the public without breach of this agreement; (ii) is explicitly approved for release by written authorization of Discloser; (iii) 767
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Motorola Solutions Confidential Restricted Contractual Documentation 8-15 is lawfully obtained from a third party or parties without a duty of confidentiality; (iv) is known to the Recipient prior to such disclosure; or (v) is independently developed by Recipient without the use of any of Discloser’s Confidential Information or any breach of this Agreement.
16.1.3. All Confidential Information remains the property of the Discloser and will not be copied or reproduced without the express written permission of the Discloser, except for copies that are absolutely necessary in order to fulfill this Agreement. Within ten (10) days of receipt of Discloser’s written request, Recipient will return all Confidential Information to Discloser along with all copies and portions thereof, or certify in writing that all such Confidential Information has been destroyed.
However, Recipient may retain one (1) archival copy of the Confidential Information that it may use only in case of a dispute concerning this Agreement. No license, express or implied, in the Confidential Information is granted other than to use the Confidential Information in the manner and to the extent authorized by this Agreement. The Discloser warrants that it is authorized to disclose any Confidential Information it discloses pursuant to this Agreement.
16.2. PRESERVATION OF MOTOROLA’S PROPRIETARY RIGHTS. Motorola, the third party manufacturer of any Equipment, and the copyright owner of any Non-Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software, and nothing in this Agreement is intended to restrict their Proprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing to Customer the Equipment, Software, or related services remain vested exclusively in Motorola, and this Agreement does not grant to Customer any shared development rights of intellectual property. Except as explicitly provided in the Software License Agreement, Motorola does not grant to Customer, either directly or by implication, estoppel, or otherwise, any right, title or interest in Motorola’s Proprietary Rights. Customer will not modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to Open Source Software which is governed by the standard license of the copyright owner.
16.3 VOLUNTARY DISCLOSURE. Except as required to fulfill its obligations under this Agreement, Motorola will have no obligation to provide Customer with access to its Confidential Information and/or proprietary information. Under no circumstances will Motorola be required to provide any data related to cost and pricing.
16.4 DATA AND FEEDBACK.
16.4.1 To the extent permitted by law, Customer owns all right, title and interest in System Data created solely by it or its agents (hereafter, “Customer Data”), and grants to Motorola the right to use, host, cache, store, reproduce, copy, modify, combine, analyze, create derivatives from, communicate, transmit, publish, display, and distribute such Customer Data.
16.4.2 Motorola owns all right, title and interest in data resulting from System Data that is or has been transformed, altered, processed, aggregated, correlated or operated on (hereafter, “Derivative Data”).
16.4.3 Any Feedback given by Customer is and will be entirely voluntary and, even if designated as confidential, will not create any confidentiality obligation for Motorola. Motorola will be free to use, reproduce, license or otherwise distribute and exploit the Feedback without any obligation to Customer.
Customer acknowledges that Motorola’s receipt of the Feedback does not imply or create recognition by Motorola of either the novelty or originality of any idea. The parties further agree that all fixes, modifications and improvements made to Motorola products or services conceived of or made by 768
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Motorola Solutions Confidential Restricted Contractual Documentation 8-16 Motorola that are based, either in whole or in part, on the Feedback are the exclusive property of Motorola and all right, title and interest in and to such fixes, modifications or improvements to the Motorola product or service will vest solely in Motorola.
Section 17 GENERAL
17.1. TAXES. The Contract Price does not include any excise, sales, lease, use, property, or other taxes, assessments or duties, all of which will be paid by Customer except as exempt by law. If Motorola is required to pay any of these taxes, Motorola will send an invoice to Customer and Customer will pay to Motorola the amount of the taxes (including any interest and penalties) within thirty (30) days after the date of the invoice. Customer will be solely responsible for reporting the Equipment for personal property tax purposes, and Motorola will be solely responsible for reporting taxes on its income or net worth.
17.2. ASSIGNABILITY AND SUBCONTRACTING. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a “Separated Business”), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a “Separation Event”), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement.
17.3. WAIVER. Failure or delay by either Party to exercise a right or power under this Agreement will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power.
17.4. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect.
17.5. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind.
17.6. HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party.
17.7. NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address provided by the other Party by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as 769
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Motorola Solutions Confidential Restricted Contractual Documentation 8-17 Federal Express, UPS, or DHL), or by facsimile with correct answerback received, and will be effective upon receipt.
17.8. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System. Customer will obtain and comply with all Federal Communications Commission (“FCC”) licenses and authorizations required for the installation, operation and use of the System before the scheduled installation of the Equipment. Although Motorola might assist Customer in the preparation of its FCC license applications, neither Motorola nor any of its employees is an agent or representative of Customer in FCC or other matters.
17.9 FUTURE REGULATORY REQUIREMENTS. The Parties acknowledge and agree that this is an evolving technological area and therefore, laws and regulations regarding Services and use of Solution may change. Changes to existing Services or the Solution required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the price for Services.
17.10. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party.
17.11. ADMINISTRATOR LEVEL ACCOUNT ACCESS. If applicable to the type of System purchased by Customer, Motorola will provide Customer with Administrative User Credentials. Customer agrees to only grant access to the Administrative User Credentials to those personnel with the training and experience to correctly use them. Customer is responsible for protecting Administrative User Credentials from disclosure and maintaining Credential validity by, among other things, updating passwords when required. Customer may be asked to provide valid Administrative User Credentials when in contact with Motorola System support personnel. Customer understands that changes made as the Administrative User can significantly impact the performance of the System. Customer agrees that it will be solely responsible for any negative impact on the System or its users by any such changes. System issues occurring as a result of changes made using the Administrative User Credentials may impact Motorola’s ability to perform Services or other obligations under the Agreement. In such cases, a revision to the appropriate provisions of the Agreement, including the Statement of Work, may be necessary. To the extent Motorola provides assistance to correct any issues caused by or arising out of the use of or failure to maintain Administrative User Credentials, Motorola will be entitled to bill Customer and Customer will pay Motorola on a time and materials basis for resolving the issue.
17.12. SURVIVAL OF TERMS. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 3.5 (Motorola Software); Section 3.6 (Non-Motorola Software); if any payment obligations exist, Sections 6.2 and 6.3 (Contract Price and Invoicing and Payment); Subsection 10.8 (Disclaimer of Implied Warranties); Section 12 (Disputes); Section 15 (Limitation of Liability); and Section 16 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 17.
17.13. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. 770
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Motorola Solutions Confidential Restricted Contractual Documentation 8-18 This Agreement may be executed in multiple counterparts, and shall have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing, or by electronic signature, including by email. An electronic signature, or a facsimile copy or computer image, such as a PDF or tiff image, of a signature, shall be treated as and shall have the same effect as an original signature. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase or purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs that document.
The Parties hereby enter into this Agreement as of the Effective Date.
Motorola Solutions, Inc. Customer
By: ______________________________ By: ______________________________
Name: ___________________________ Name: ____________________________
Title: ____________________________ Title: _____________________________
Date: ____________________________ Date: _____________________________
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Motorola Solutions Confidential Restricted Contractual Documentation 8-19 Exhibit A
MOTOROLA SOFTWARE LICENSE AGREEMENT
This Exhibit A Motorola Software License Agreement ("Agreement") is between Motorola Solutions, Inc., (“Motorola"), and ______________________________________ (“Licensee”).
For good and valuable consideration, the parties agree as follows:
Section 1 DEFINITIONS
1.1 “Designated Products” means products provided by Motorola to Licensee with which or for which the Software and Documentation is licensed for use.
1.2 “Documentation” means product and software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which such information is provided).
1.3 “Open Source Software” means software with either freely obtainable source code, license for modification, or permission for free distribution.
1.4 “Open Source Software License” means the terms or conditions under which the Open Source Software is licensed.
1.5 “Primary Agreement” means the agreement to which this exhibit is attached.
1.6 “Security Vulnerability” means a flaw or weakness in system security procedures, design, implementation, or internal controls that could be exercised (accidentally triggered or intentionally exploited) and result in a security breach such that data is compromised, manipulated or stolen or the system damaged.
1.7 “Software” (i) means proprietary software in object code format, and adaptations, translations, de-compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement.
Section 2 SCOPE
Motorola and Licensee enter into this Agreement in connection with Motorola's delivery of certain proprietary software or products containing embedded or pre-loaded proprietary software, or both. This Agreement contains the terms and conditions of the license Motorola is providing to Licensee, and Licensee’s use of the proprietary software and affiliated documentation.
Section 3 GRANT OF LICENSE
3.1. Subject to the provisions of this Agreement and the payment of applicable license fees, Motorola grants to Licensee a personal, limited, non-transferable (except as permitted in Section 7) and non-exclusive license under Motorola’s copyrights and Confidential Information (as defined in the Primary Agreement) embodied in the Software to use the Software, in object code form, and the 772
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Motorola Solutions Confidential Restricted Contractual Documentation 8-20 Documentation solely in connection with Licensee's use of the Designated Products. This Agreement does not grant any rights to source code.
3.2. If the Software licensed under this Agreement contains or is derived from Open Source Software, the terms and conditions governing the use of such Open Source Software are in the Open Source Software Licenses of the copyright owner and not this Agreement. If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of the Open Source Software Licenses governing Licensee’s use of the Open Source Software, the terms and conditions of the license grant of the applicable Open Source Software Licenses will take precedence over the license grants in this Agreement. If requested by Licensee, Motorola will use commercially reasonable efforts to: (i) determine whether any Open Source Software is provided under this Agreement; and (ii) identify the Open Source Software (or specify where that license may be found).
3.3 TO THE EXTENT, IF ANY, THAT THERE IS A SEPARATE LICENSE AGREEMENT
PACKAGED WITH, OR PROVIDED ELECTRONICALLY WITH, A PARTICULAR PRODUCT THAT
BECOMES EFFECTIVE ON AN ACT OF ACCEPTANCE BY THE END USER, THEN THAT
AGREEMENT SUPERSEDES THE SOFTWARE LICENSE AGREEMENT AS TO THE END USER OF EACH SUCH PRODUCT.
Section 4 LIMITATIONS ON USE
4.1. Licensee may use the Software only for Licensee's internal business purposes and only in accordance with the Documentation. Any other use of the Software is strictly prohibited. Without limiting the general nature of these restrictions, Licensee will not make the Software available for use by third parties on a "time sharing," "application service provider," or "service bureau" basis or for any other similar commercial rental or sharing arrangement.
4.2. Licensee will not, and will not allow or enable any third party to: (i) reverse engineer, disassemble, peel components, decompile, reprogram or otherwise reduce the Software or any portion to a human perceptible form or otherwise attempt to recreate the source code; (ii) modify, adapt, create derivative works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease the Software or Documentation to any third party, grant any sublicense or other rights in the Software or Documentation to any third party, or take any action that would cause the Software or Documentation to be placed in the public domain; (iv) remove, or in any way alter or obscure, any copyright notice or other notice of Motorola's proprietary rights; (v) provide, copy, transmit, disclose, divulge or make the Software or Documentation available to, or permit the use of the Software by any third party or on any machine except as expressly authorized by this Agreement; or (vi) use, or permit the use of, the Software in a manner that would result in the production of a copy of the Software solely by activating a machine containing the Software. Licensee may make one copy of Software to be used solely for archival, back-up, or disaster recovery purposes; provided that Licensee may not operate that copy of the Software at the same time as the original Software is being operated. Licensee may make as many copies of the Documentation as it may reasonably require for the internal use of the Software.
4.3. Unless otherwise authorized by Motorola in writing, Licensee will not, and will not enable or allow any third party to: (i) install a licensed copy of the Software on more than one unit of a Designated Product; or (ii) copy onto or transfer Software installed in one unit of a Designated Product onto one other device. Licensee may temporarily transfer Software installed on a Designated Product to another device if the Designated Product is inoperable or malfunctioning, if Licensee provides written notice to Motorola of the temporary transfer and identifies the device on which the Software is transferred.
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Motorola Solutions Confidential Restricted Contractual Documentation 8-21 Designated Product is returned to operation and the Software must be removed from the other device.
Licensee must provide prompt written notice to Motorola at the time temporary transfer is discontinued.
4.4 Licensee will maintain, during the term of this Agreement and for a period of two years thereafter, accurate records relating to this license grant to verify compliance with this Agreement.
Motorola or an independent third party (“Auditor”) may inspect Licensee’s premises, books and records, upon reasonable prior notice to Licensee, during Licensee’s normal business hours and subject to Licensee's facility and security regulations. Motorola is responsible for the payment of all expenses and costs of the Auditor. Any information obtained by Motorola and the Auditor will be kept in strict confidence by Motorola and the Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this Agreement.
Section 5 OWNERSHIP AND TITLE
Motorola, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software and Documentation, including, but not limited to, all rights in patents, patent applications, inventions, copyrights, trademarks, trade secrets, trade names, and other proprietary rights in or relating to the Software and Documentation (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de-compilations, disassemblies, emulations to or derivative works from the Software or Documentation, whether made by Motorola or another party, or any improvements that result from Motorola’s processes or, provision of information services). No rights are granted to Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or prepared by Motorola in connection with providing the Software, Designated Products, Documentation or related services, remains vested exclusively in Motorola, and Licensee will not have any shared development or other intellectual property rights.
Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY
6.1. Unless otherwise stated in the Primary Agreement, the commencement date and the term of the Software warranty will be a period of ninety (90) days from Motorola's shipment of the Software (the "Warranty Period"). If Licensee is not in breach of any of its obligations under this Agreement, Motorola warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by Motorola solely with reference to the Documentation. Motorola does not warrant that Licensee’s use of the Software or the Designated Products will be uninterrupted, error-free, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee’s particular requirements. Motorola makes no representations or warranties with respect to any third party software included in the Software.
Notwithstanding, any warranty provided by a copyright owner in its standard license terms will flow through to Licensee for third party software provided by Motorola.
6.2 Motorola’s sole obligation to Licensee and Licensee’s exclusive remedy under this warranty is to use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts will involve either replacing the media or attempting to correct significant, demonstrable program or documentation errors or Security Vulnerabilities. If Motorola cannot correct the defect within a reasonable time, then at Motorola’s option, Motorola will replace the defective Software with functionally-equivalent Software, license to Licensee substitute Software which will accomplish the same objective, or terminate the license and refund the Licensee’s paid license fee.
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6.3. Warranty claims are described in the Primary Agreement.
6.4. The express warranties set forth in this Section 6 are in lieu of, and Motorola disclaims, any and all other warranties (express or implied, oral or written) with respect to the Software or Documentation, including, without limitation, any and all implied warranties of condition, title, non-infringement, merchantability, or fitness for a particular purpose or use by Licensee (whether or not Motorola knows, has reason to know, has been advised, or is otherwise aware of any such purpose or use), whether arising by law, by reason of custom or usage of trade, or by course of dealing. In addition, Motorola disclaims any warranty to any person other than Licensee with respect to the Software or Documentation.
Section 7 TRANSFERS
Licensee will not transfer the Software or Documentation to any third party without Motorola's prior written consent. Motorola’s consent may be withheld at its discretion and may be conditioned upon transferee paying all applicable license fees and agreeing to be bound by this Agreement. If the Designated Products are Motorola's radio products and Licensee transfers ownership of the Motorola radio products to a third party, Licensee may assign its right to use the Software (other than CPS and Motorola's FLASHport® software) which is embedded in or furnished for use with the radio products and the related Documentation; provided that Licensee transfers all copies of the Software and Documentation to the transferee, and Licensee and the transferee sign a transfer form to be provided by Motorola upon request, obligating the transferee to be bound by this Agreement.
Section 8 TERM AND TERMINATION
8.1 Licensee’s right to use the Software and Documentation will begin when the Primary Agreement is signed by both parties and will continue for the life of the Designated Products with which or for which the Software and Documentation have been provided by Motorola, unless Licensee breaches this Agreement, in which case this Agreement and Licensee's right to use the Software and Documentation may be terminated immediately upon notice by Motorola.
8.2 Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to Motorola that all copies of the Software have been removed or deleted from the Designated Products and that all copies of the Software and Documentation have been returned to Motorola or destroyed by Licensee and are no longer in use by Licensee.
8.3 Licensee acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Software and Documentation and that Licensee's breach of this Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this Agreement, Motorola may terminate this Agreement and be entitled to all available remedies at law or in equity (including immediate injunctive relief and repossession of all non-embedded Software and associated Documentation unless Licensee is a Federal agency of the United States Government).
Section 9 Commercial Computer Software
9.1 This Section 9 only applies to U.S. Government end users. The Software, Documentation and updates are commercial items as that term is defined at 48 C.F.R. Part 2.101, consisting of “commercial computer software” and “computer software documentation” as such terms are defined in 48 C.F.R. Part 252.227-7014(a)(1) and 48 C.F.R. Part 252.227-7014(a)(5), and used in 48 C.F.R. Part
12.212 and 48 C.F.R. Part 227.7202, as applicable. Consistent with 48 C.F.R. Part 12.212, 48 C.F.R. 775
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Motorola Solutions Confidential Restricted Contractual Documentation 8-23 Part 252.227-7015, 48 C.F.R. Part 227.7202-1 through 227.7202-4, 48 C.F.R. Part 52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, the Software, Documentation and Updates are distributed and licensed to U.S. Government end users: (i) only as commercial items, and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions contained herein.
9.2 If Licensee is licensing Software for end use by the United States Government or a United States Government agency, Licensee may transfer such Software license, but only if: (i) Licensee transfers all copies of such Software and Documentation to such United States Government entity or interim transferee, and (ii) Licensee has first obtained from the transferee (if applicable) and ultimate end user an enforceable end user license agreement containing restrictions substantially identical to the ones contained in this Agreement. Except as stated in the foregoing, Licensee and any transferee(s) authorized by this subsection 9.2 may not otherwise use or transfer or make available any Motorola software to any third party nor permit any party to do so.
Section 10 CONFIDENTIALITY
Licensee acknowledges that the Software and Documentation contain Motorola’s valuable proprietary and Confidential Information and are Motorola’s trade secrets, and that the provisions in the Primary Agreement concerning Confidential Information apply.
Section 11 LIMITATION OF LIABILITY
The Limitation of Liability provision is described in the Primary Agreement.
Section 12 NOTICES
Notices are described in the Primary Agreement.
Section 13 GENERAL
13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption of publication of the Software or public disclosure of any trade secrets associated with the Software.
13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws and regulations of the United States and Licensee will comply with all applicable laws and regulations, including export laws and regulations of the United States. Licensee will not, without the prior authorization of Motorola and the appropriate governmental authority of the United States, in any form export or re-export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the United States Government or any of its agencies at the time of the action, requires an export license or other governmental approval. Violation of this provision is a material breach of this Agreement.
13.3 FUTURE REGULATORY REQUIREMENTS. The Parties acknowledge and agree that this is an evolving technological area and therefore, laws and regulations regarding Services and use of Solution may change. Changes to existing Services or the Solution required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the price for Services.
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13.4. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or consent of Licensee.
13.5. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent that they apply and otherwise by the internal substantive laws of the State to which the Software is shipped if Licensee is a sovereign government entity, or the internal substantive laws of the State of Illinois if Licensee is not a sovereign government entity. The terms of the U.N. Convention on Contracts for the International Sale of Goods do not apply. In the event that the Uniform Computer Information Transaction Act, any version of this Act, or a substantially similar law (collectively "UCITA") becomes applicable to a party's performance under this Agreement, UCITA does not govern any aspect of this Agreement or any license granted under this Agreement, or any of the parties' rights or obligations under this Agreement. The governing law will be that in effect prior to the applicability of UCITA.
13.6. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of Motorola and Licensee. No third party has the right to make any claim or assert any right under this Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing, any licensor or supplier of third party software included in the Software will be a direct and intended third party beneficiary of this Agreement.
13.7. SURVIVAL. Sections 4, 5, 6.4, 7, 8, 9, 10, 11 and 13 survive the termination of this Agreement.
13.8. ORDER OF PRECEDENCE. In the event of inconsistencies between this Exhibit and the Primary Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject matter of this Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other subject matter.
13.9. SECURITY. Motorola uses reasonable means in the design and writing of its own Software and the acquisition of third party Software to limit Security Vulnerabilities. While no software can be guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Motorola will take the steps set forth in Section 6 of this Agreement.
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Motorola Solutions Confidential Restricted
Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier’s check, or wi
purchased additional Professional or Subscription services, payment will be in accordance with the applicable addenda. Payment for the System purchase will be in accordance with the followi milestones.
System Purchase (excluding Subscribers, if applicable)
1. 50% of the Contract Price due upon contract execution (due upon effective date);
2. 50% of the Contract Price due upon Final Acceptance.
If Subscribers are purchased, 100% of the Subscriber Contract Price will be invoiced upon shipment (as shipped).
Motorola shall make partial shipments of equipment and will request payment upon shipment of such equipment. In addition, Motorola shall invoice for installatio professional services are completed, when applicable. The value of the equipment shipped/services performed will be determined by the value shipped/services performed as a percentage of the total milestone value. Unless otherwise specified, contract discounts are based upon all items proposed and overall system package. For invoicing purposes only, discounts will be applied proportionately to the FNE and Subscriber equipment values to total contract price. Ov interest at the maximum allowable rate by state law.
For Lifecycle Support Plan and Subscription Based Services:
Motorola will invoice Customer annually in advance of each year of the plan.
The chart below outlines the hourly labor rates for Motorola System Integration resources to be used.
The staffing requirements shall be multiplied by the appropriate rate per resource in the table below.
The hourly labor rates are fully burdened. The hourly rates per resource type an Table 1.
These rates apply to ordinary days and times (Monday to Friday during the hours 8am to 5pm).
Additional surcharges may apply to work done outside these timeframes. The minimum charge for any resource will be 4 hours. Travel expenses are not included in these rates and may be charged separately. The qualifications of each type and level of resource are defined in the tables found at https://www.motorolasolutions.com/content/dam/msi/secure/services/labor All Motorola System Integration personnel assigned to this project will be classified according these Use or disclosure of this
to the restrictions on the cover page.
Contractual Documentation
Exhibit B
PAYMENT
Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier’s check, or wire transfer drawn on a U.S. financial institution. If Customer has purchased additional Professional or Subscription services, payment will be in accordance with the applicable addenda. Payment for the System purchase will be in accordance with the followi
System Purchase (excluding Subscribers, if applicable)
% of the Contract Price due upon contract execution (due upon effective date); % of the Contract Price due upon Final Acceptance.
purchased, 100% of the Subscriber Contract Price will be invoiced upon Motorola shall make partial shipments of equipment and will request payment upon shipment of such equipment. In addition, Motorola shall invoice for installations completed on a site-by professional services are completed, when applicable. The value of the equipment shipped/services performed will be determined by the value shipped/services performed as a percentage of the total e. Unless otherwise specified, contract discounts are based upon all items proposed and overall system package. For invoicing purposes only, discounts will be applied proportionately to the FNE and Subscriber equipment values to total contract price. Overdue invoices will bear simple interest at the maximum allowable rate by state law.
For Lifecycle Support Plan and Subscription Based Services:
Motorola will invoice Customer annually in advance of each year of the plan. rly labor rates for Motorola System Integration resources to be used.
The staffing requirements shall be multiplied by the appropriate rate per resource in the table below.
The hourly labor rates are fully burdened. The hourly rates per resource type an These rates apply to ordinary days and times (Monday to Friday during the hours 8am to 5pm).
Additional surcharges may apply to work done outside these timeframes. The minimum charge for any avel expenses are not included in these rates and may be charged separately. The qualifications of each type and level of resource are defined in the tables found at https://www.motorolasolutions.com/content/dam/msi/secure/services/labor-rates-exhibit All Motorola System Integration personnel assigned to this project will be classified according these Beaumont PD
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Contractual Documentation 8-25
Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the re transfer drawn on a U.S. financial institution. If Customer has purchased additional Professional or Subscription services, payment will be in accordance with the applicable addenda. Payment for the System purchase will be in accordance with the following % of the Contract Price due upon contract execution (due upon effective date); purchased, 100% of the Subscriber Contract Price will be invoiced upon Motorola shall make partial shipments of equipment and will request payment upon shipment of such by-site basis or when
professional services are completed, when applicable. The value of the equipment shipped/services performed will be determined by the value shipped/services performed as a percentage of the total e. Unless otherwise specified, contract discounts are based upon all items proposed and overall system package. For invoicing purposes only, discounts will be applied proportionately to the erdue invoices will bear simple
rly labor rates for Motorola System Integration resources to be used.
The staffing requirements shall be multiplied by the appropriate rate per resource in the table below.
The hourly labor rates are fully burdened. The hourly rates per resource type and level are listed in
These rates apply to ordinary days and times (Monday to Friday during the hours 8am to 5pm).
Additional surcharges may apply to work done outside these timeframes. The minimum charge for any avel expenses are not included in these rates and may be charged separately. The qualifications of each type and level of resource are defined in the tables found at exhibit-160408.pdf.
All Motorola System Integration personnel assigned to this project will be classified according these 778
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Motorola Solutions Confidential Restricted Contractual Documentation 8-26 levels. Project Administrative roles are varied and their specific duties and qualifications will be determined by the complexity and requirements of each project.
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EXHIBIT D
System Acceptance Certificate
Customer Name: ______________________________________________________
Project Name: ________________________________________________________
This System Acceptance Certificate memorializes the occurrence of System Acceptance. Motorola and Customer acknowledge that:
1. The Acceptance Tests set forth in the Acceptance Test Plan have been successfully completed.
2. The System is accepted.
Customer Representative: Motorola Representative:
Signature: ____________________________ Signature: ____________________________ Print Name: ___________________________ Print Name: ___________________________ Title: ________________________________ Title: ________________________________ Date: ________________________________ Date: ________________________________
FINAL PROJECT ACCEPTANCE:
Motorola has provided and Customer has received all deliverables, and Motorola has performed all other work required for Final Project Acceptance.
Customer Representative: Motorola Representative:
Signature: ____________________________ Signature: ____________________________ Print Name: ___________________________ Print Name: ___________________________ Title: ________________________________ Title: ________________________________ Date: ________________________________ Date: ________________________________
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MAINTENANCE, SUPPORT AND LIFECYCLE MANAGEMENT ADDENDUM
This Addendum to the Communications System and Services Agreement or other previously executed Agreement currently in force, as applicable (“Primary Agreement”) provides additional or different terms and conditions to govern the sale of Maintenance, Support and Lifecycle Management services. The terms in this Addendum are integral to and incorporated into the Primary Agreement signed by the Parties.
1. DEFINITIONS
All capitalized terms not otherwise defined herein shall have the same meaning as defined in the Primary Agreement.
"MUA" means Microwave Upgrade Agreement (MUA).
"NUA" means Network Upgrade Agreement (NUA).
“SUA” or “SUA II” means Motorola’s Software Upgrade Agreement program for Motorola’s P25 radio system.
2. SCOPE
Motorola will provide Maintenance and Support Services and/or Lifecycle Management as further described in the applicable Statement of Work, or attachment to Motorola’s proposal for additional services.
3. TERMS AND CONDITIONS
The terms of the Primary Agreement combined with the terms of this Addendum will govern the products and services offered pursuant to this Addendum. To the extent there is a conflict between the terms and conditions of the Primary Agreement and the terms and conditions of this Addendum, this Addendum takes precedence.
3.1 MAINTENANCE AND SUPPORT SERVICES
3.1.1 PURCHASE ORDER ACCEPTANCE. Purchase orders for additional, continued, or expanded maintenance and software support, during the Warranty Period or after the Warranty Period, become binding only when accepted in writing by Motorola.
3.1.2 START DATE. The “Start Date” for Maintenance and Support Services will be indicated in the proposal or a cover page entitled “Service Agreement”.
3.1.3 AUTO RENEWAL. Unless the cover page or SOW specifically states a termination date or one Party notifies the other in writing of its intention to discontinue the Services, this Agreement will renew for an additional one (1) year term on every anniversary of the Start Date. At the anniversary date, Motorola may adjust the price of the Services to reflect the renewal rate.
3.1.4 TERMINATION. Written notice of intent to terminate must be provided thirty (30) days or more prior to the anniversary date. If Motorola provides Services after the termination or expiration of 781
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Motorola Solutions Confidential Restricted Contractual Documentation 8-29 this Addendum, the terms and conditions in effect at the time of termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola’s then effective hourly rates.
3.1.5 EQUIPMENT DEFINITION. For maintenance and support services, Equipment will be defined to mean the hardware specified in the applicable SOW or attachments to the maintenance and support proposal.
3.1.6 ADDITIONAL HARDWARE. If Customer purchases additional hardware from Motorola that becomes part of the System, the additional hardware may be added to this Addendum and will be billed at the applicable rates after the warranty period for that additional equipment expires. Such hardware will be included in the definition of Equipment.
3.1.7 MAINTENANCE. Equipment will be maintained at levels set forth in the manufacturer’s product manuals and routine procedures that are prescribed by Motorola will be followed. Motorola parts or parts of equal quality will be used for Equipment maintenance.
3.1.8 EQUIPMENT CONDITION. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Addendum. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service.
Customer’s obligation to pay maintenance and support fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. If Equipment cannot, in Motorola’s reasonable opinion, be properly or economically maintained for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to maintain that Equipment.
3.1.9 EQUIPMENT FAILURE. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Addendum and applicable SOW.
3.1.10 INTRINSICALLY SAFE. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments.
3.1.11 EXCLUDED SERVICES.
a) Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events.
b) Unless specifically included in this Addendum, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium.
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3.1.12 TIME AND PLACE. Service will be provided at the location specified in this Addendum and/or the SOW. When Motorola performs maintenance, support, or installation at Customer’s location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Addendum or applicable SOW, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Addendum or applicable SOW, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses.
3.1.13 CUSTOMER CONTACT. Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer’s personnel to maintain contact, as needed, with Motorola.
3.2 LIFECYCLE MANAGEMENT SERVICES
3.2.1 The Software License Agreement included as Exhibit A to the Primary Agreement applies to any Motorola Software provided as part of the Lifecycle Management transactions.
3.2.2 The term of this Addendum is __________ years, commencing on _________, 2022.
The Lifecycle Management Price for the ___ years of services is $______________, excluding applicable sales or use taxes but including discounts as more fully set forth in the pricing pages.
Because the Lifecycle Management is a subscription service as more fully described in the applicable Lifecycle Management Statement of Work, payment from Customer is due in advance and will not be in accordance with any Payment Milestone Schedule.
3.2.3 The System upgrade will be scheduled during the subscription period and will be performed when Motorola’s system upgrade operation resources are available. Because there might be a significant time frame between when this Addendum is executed and when a System upgrade transaction is performed, Motorola may substitute any of the promised Equipment or Software so long as the substitute is equivalent or superior to the initially promised Equipment or Software.
3.2.4 Acceptance of a Lifecycle Management transaction occurs when the Equipment (if any) and Software are delivered and the Lifecycle Management services are fully performed; there is no Acceptance Testing with a Lifecycle Management transaction.
3.2.5 The Warranty Period for any Equipment or Motorola Software provided under a Lifecycle Management transaction will commence upon shipment and not on System Acceptance or Beneficial Use, and is for a period of ninety (90) days rather than one (1) year. The ninety (90) day warranty for Lifecycle Management services is set forth in the Lifecycle Management Statement of Work.
3.2.6 In addition to the description of the Lifecycle Management services and exclusions provided in the Lifecycle Management Statement of W ork, the following apply:
783
Item 20.
Beaumont PD
9/21/2022
PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Contractual Documentation 8-31
a) Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment.
b) Lifecycle Management services exclude the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events.
c) Unless specifically included in this Addendum or the Lifecycle Management Statement of Work, Lifecycle Management services exclude items that are consumed in the normal operation of the Equipment; accessories; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium.
d) Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available during the performance of the Lifecycle Management services.
3.2.7 The Lifecycle Management annualized price is based on the fulfillment of the two year cycle. If Customer terminates this service during a two year cycle, except for Motorola’s default, then Customer will be required to pay for the balance of payments owed for the two year cycle if a major system release has been implemented before the point of termination.
3.2.8 If Customer terminates this service and contractual commitment before the end of the __ year term, for any reason other than Motorola’s default, then the Customer will pay to Motorola a termination fee equal to the discount applied to the last three years of service payments related to the __ year commitment.
4. PAYMENT
4.1 Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and the Customer must pay each invoice in U.S. dollars within thirty (30) days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity.
4.2 INFLATION ADJUSTMENT. For multi-year agreements, at the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shall be performed using the U.S. Department of Labor, Consumer Price Index, all Items, Unadjusted Urban Areas (CPI- U). Should the annual inflation rate increase greater than 3% during the previous year, Motorola shall 784
Item 20.
Beaumont PD
9/21/2022
PSEC Migration and Console Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Contractual Documentation 8-32 have the right to increase all future maintenance prices by the CPI increase amount exceeding 3%. All items, not seasonally adjusted shall be used as the measure of CPI for this price adjustment.
Measurement will take place once the annual average for the new year has been posted by the Bureau of Labor Statistics. For purposes of illustration, if in year 5 the CPI reported an increase of 8%, Motorola may increase the Year 6 price by 5% (8%-3% base).
5. ENTIRE AGREEMENT. This Addendum, any related attachments, and the Primary Agreement, constitutes the entire agreement of the Parties regarding the subject matter of this Addendum and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Addendum may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase or purchase order, acknowledgment or other form will not be considered an amendment or modification of this Addendum, even if a representative of each Party signs that document.
END
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Item 20.
Staff Report
TO: City Council
FROM: Jeff Hart, Director of Public Works
DATE October 4, 2022
SUBJECT: First Amendment to the Professional Services Agreement with Mark Thomas for Engineering Services and Grant Assistance
Background and Analysis:
On September 7, 2021, City Council approved an agreement for professional services (PSA) with Mark Thomas for engineering services related to the Potrero Interchange.
The initial agreement was to perform an analysis that would assess the elimination of the direct east bound and west bound on ramps in order to yield significant cost savings, while still remaining a fully functional interchange with minor modifications.
This process is pending Caltrans final approval. Once approval is obtained, staff intends to bring forth a future amendment to City Council to authorize the current engineer of record (Mark Thomas) to revise the final plans and specifications to remove the direct on-ramps entirely.
On September 14, 2022, the Southern California Association of Governments sent a “Call For Projects” to be potentially funded by the Road Repair and Accountability Act of 2017 (SB 1) via the Trade Corridor Enhancement Program (TCEP). Due to the complexity, timeliness, and resources needed to prepare a quality grant application, staff is recommending that City Council authorize a contract amendment to the existing PSA with Mark Thomas to assist the City in preparing the application which is due November 18, 2022. Mark Thomas has the familiarity, experience, and resources available to complete an application within the short time frame.
The current funded amount for the Phase 2 Interchange (2016-003) is $6,500,000 which is well short of the anticipated funding needed to deliver the project. It is projected that $353 million will be available for regional corridor targets in the Los Angeles/Inland Empire region. Should the City be successful in being awarded the grant, staff would be able to target beginning construction in 2023.
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Item 21.
The Pass Zone 5-year Transportation Improvement Program (TIP), which was approved on July 29, 2021, allocated $6,500,000 to the Potrero Phase 2 project, of which $250,000 was attributed to plans, specifications, and engineering which will be utilized to cover the cost for the expenses associated with this contract amendment. Staff is requesting City Council authorize this contract amendment in an amount not to exceed $45,000.