Beaumont City Council
November 15, 2022

BEAUMONT
Cal; f ou a
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
(951) 769-8520
www.ci.beaumont.ca.us
Case No. PW2022-0893
Receipt No. R01252363
Fee $ 3,484.43
Date Paid 7/18/2022

BOND EXONERATION APPLICATION
Bond Type: OPerformance ❑Maintenance ❑Final Monument Inspection ❑Other:

1. Contact's Name Darren Bolton

2. Contact's Address 6440 OAk Canyon Suite 200 Irvine Ca 92618

5. Contact's [email protected]
Phone951 704 5503
City/State/Zip

3. Developer Name Tayor Morrison Phone
(If corporation or partnership application must include names of principal officers or partners)

4. Developer Address 6440 Oak Canyon Suite 200
City/St/Zip

5. Description of Bonds (including Bond Number, Tract Map/Application number, Lot number, and description of improvements covered):
27971-4 Sewer Improvements Bond # 1154350

6. CERTIFICATION OF ACCURACY AND COMPLETENESS: I hereby certify that to the best of my knowledge the information in this application and all attached answers and exhibits are true, complete, and correct.
i
Darren Bolton
Print Name and Sign — Contact/Applicant Date

7. Contractor shall indemnify, defend, and hold harmless the City and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor's performance of work hereunder or its failure to comply with any of its obligations for which this Bond exoneration is requested, except for such loss or damage which was caused by t e active negligence of the City.

Darren Bolton
Print Name and Sign — Contact/Applicant Date

8. Developer/Contractor has completed all the following items prior to requesting release or has included them in the application.
• Remove and replace concrete and AC as needed where lifting. • Provide AC crack fill as needed. Crack fill/seal shall be hot asphaltic emulsion. • Provide Type II slurry coat for all road surfaces.
• Restore/Verify pavement striping/markings.
• Restore/Verify blue dots and signage as needed.
• Clean and camera sewer. Provide report and video copy of camera survey. • Provide all final geotechnical reports.
• Provide Engineers' certification for line and grade within Right -of -Way. • Provide Landscape Architects Certification as required. '.'
Darren Bolton
Print Name and Sign — Contact/Applicant Date

BEAUMONT
Punch List
Project Name: Public Sewer Improvements
PW2022-0893
Inspected By: Jason Craghead
1 2
Manhole covers are not in compliance
with EMWD SB-61. Drill 3/4 " Pick Hole in
all covers
Provide Compaction Reports for all sewer
trenches
[COMPANY NAME]
Bond No. 1154350
Page: 1 of 1
Completed by
Construction
Sign/Dat
�a GYtn Lint
/Z6/).2-
6`i- 6,11
VVGIA
Tract No. 27971-4
Date: 8/3/22
Accepted by
(sign/Date)

MAINTENANCE BOND
BOND NO.114380-M
PREMIUMS 0.00
KNOW ALL MEN BY THESE PRESENTS:

That, RSI Communities -California I I C, a Delaware limited liability company , as Principal and I Axon Insiiranr•.e Company , a corporation organized and existing under the laws of the State of TX and authorized to transact business in the State of CA (hereinafter called "Surety"), as Surety, are held and firmly bound unto City of Seumoni
as Obligee, hereinafter called Obligee, in the amount of Eighteen Thousand Nine Hundred Ninety Eight Dollars and 00/100 Dollars ($ 18 998 00 ), for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

Whereas, the above bounden Principal has entered into a certain written contract with the above named Obligee, providing for construction of certain subdivision improvements in Tract 27971-4 and
WHEREAS, said work has been or will be completed by Principal.

NOW, THEREFORE, if said Principal shall promptly replace and repair any work proven to be defective because of faulty workmanship and/or material within a period of one (1) year from date of acceptance of the work by the Obligee, then this obligation to be void; Otherwise to remain in full force and effect.

Signed, Sealed and Dated this
14th day of
September 2022 .

RSI Communities -California LLC, a Delaware limited
liability company
(Principal)
By:

Lexon insure ce Company
(Surety)
By:

Stephen T. I azmer , Attor ey--in-Fact
(Seal)
cl r
(Seal)

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Orange
On September 15, 2022
before me, Crystal Villalobos, Notary Public
(insert name and title of the officer)
personally appeared Kimberly Kraft
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
-�ca ) 4 J
Signature C VI %
(Seal)
CRYSTAL VILLAL0B0S
W ' Notary Public - California
Orange County
Commission # 2401206 -
My Comm. Expires Apr 18, 2026

SOMPO INTERNATIONAL
‘71; ARE=2E 11 11

POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation" a Delaware corporation, Endurance American Insurance Company, a Delaware corporation, t.axon Insurance Company, a Texas corporation, and/or Bond Safeguard Insurance Company. a South Dakota corporation, each, a "Company' and collectively,'Sornpo international,' do hereby constitute and appoint Stephen T. Kazmer as true and lawful Attomey(s)-ln-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co -surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of Twenty Mfilion Dollars ($20,0.00,000.00).

Surety Bond No.: 1154350-M
Principal: RSI Communities -California LLC, a Delaware limited liability company Obligee: City of Beaumont
Such bonds and undertakings for said purposes, when duly executed by said attorney(s)-In-fact, shall be bins mg upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary.

This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 15"' day of June. 2019, a copy of which appears below under the heading entitled 'Certificate.

This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by unanimous written consent effective the 15'" day of June, 2019 and said resolution has not since been revoked, amended or repealed:

RESOLVED, that the signature of an individual named above and the seal of the Company maybe afrbred to any such power of attorney or any Certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature cr seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.

IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 15th day of June, 2019.

En tike Assurance Carporatioji, Endurance American _ Lexon Insurance Company „ _ _ Bond Safeguard R.�f f • By:

Richard Appel: eniorCounsel Ric
�Rir.o
fe ANAT. :b.
2002
r„r
•
tor nsel
4\0.11 Lam"'+,
18i REAL 1
I 1996 s

ACKNOWLEDGEMENT
el Richard Appal;
Pa
DAKOTA ' •D.0)
ou
On this 15'^ day of June, 2019, before me, personally came the above signatories known to me, who being duly swom, did depose and say that h �p olilcer of each of the Companies; and that he executed said instrument on behalf of each Company by authority of his offi'under tht byfws of each Companx - —..

My Commissillyi Expire...5/963.?
aru�a%`
By:

CERTIFICATE Amy aylor, No
I, the undersigned Officer of each Company, DO HEREBY CERTIFY that:

1. That the original power of attomey of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof,

2. The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions have not since been revoked, amended or modified:
"RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and aft bonds, undertakings or obligations in surety or co -surety with others: RICHARD M. APPEL, BRIAN J. BEGGS, CHRISTOPHER DONELAN, SHARON L. SIMS, CHRISTOPHER L. SPARRO, MARIANNE L. WILBERT
; and be it further
RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or co -surety for and on behalf of the Company."

3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 14th day of Septemb=. 2022 By:

Dam
, 1 rotary
NOTICE: U. S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL (OFACi No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice Midas infcarnation concerning possible Impact on your surety coverage due to directives Issued by OFAC. Please read this Nonce carefully.

The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency. OFAC has identified and fisted numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as `Specially Designated Nationals and Blocked Persons'. This list can be located on the Unled States Treasury's website — httos:// www.treasury.ktov/resource-center1sanctions/SDN• List In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and of provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply.

Any reproductions are void.

Surety Claims Submission: LexonClairnAdministratiun semoo-inn,cont Telephone: 615.553485500 Malting Address: Sonpo International; 12890 Lebanon Road; Mount Juliet, TN 37122.2870

State of Illinois}
} ss.

County of DuPage }
On September 14, 2022, before me, Diane M. Rubright, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared, Stephen T.

Kazmer, known to me to be Attorney -in -Fact of Lexon Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.

My Commission Expires March 23, 2023
Diane M. Rubright, Notary Pu
Commission No. 817036

DIANE M RDBRIGHT

NOTAKY PUBLIC - MATE OF ILL NOIS

Rev. 02/25/2015
Basic Gov (Sales Force) #
File #

AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS

FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN
(Tract Map/Parcel Map/Plot Plan No.27971-4)
THIS SECURITY AGREEMENT is made by and between CITY OF BEAUMONT ("CITY") and RSI Communities - California LLC, a Delaware limited liability company ("DEVELOPER").

RECITALS
A. DEVELOPER has applied to the CITY for permission to develop certain real property, pursuant to Tract Map/Parcel Map/Plot Plan #27971-4 ("Map"). DEVELOPER has also asked the CITY to accept the dedication of the street or streets and other proposed public rights - of -way, parks and recreation facilities, and easements as depicted on the Map and to otherwise approve the Map so that it may be recorded as required by law; and B. The CITY requires, as a condition precedent to the acceptance and approval of the Map and the dedication of the public rights -of -way and easements depicted thereon, that such rights -of -way be improved with (for example) grading, paving, curbs, gutters, sidewalks, street lights, stormdrains, sanitary sewers and appurtenances thereto, street name signs, survey monuments, electrical and telecommunications, water pipes, water mains, fire hydrants and appurtenances thereto, and landscaping, including any warranty work for all such improvements (collectively, "Improvements"); and
C. The Improvements have not yet been constructed and completed and it is the purpose of this Security Agreement to set forth the terms and conditions by which the DEVELOPER shall guarantee that such Improvements shall be constructed and completed within the time set forth herein.

AGREEMENT
NOW, THEREFORE, in consideration of the acceptance of the DEVELOPER's offer of dedication and the approval of the Map for filing and recording as provided and required by law, the CITY and the DEVELOPER hereby agree as follows:

1. Provision of Improvements. DEVELOPER shall provide, at the DEVELOPER's sole cost and expense, all necessary labor and materials to complete the construction of the Improvements depicted on the Map and described in the conditions of approval of the Map within one (1) year of the date of this Security Agreement.

2. Inspection by the CITY. The CITY shall inspect, at the DEVELOPER's sole cost and expense, all of the work, labor and materials performed and provided by the DEVELOPER in connection with the Improvements.

3. Compliance with Plans and Specifications. The Improvements shall be constructed and installed in strict accordance with the CITY -approved plans and specifications.

4. Security for Performance. Concurrently with the execution of this Security Agreement by DEVELOPER, DEVELOPER shall deliver to the CITY a performance bond issued by a corporate surety in substantially the form attached hereto as Exhibit "A", in an amount that is not less than 100% of the total estimated cost of the Improvements and any warranty therefor. The performance bond shall be issued by an "admitted" corporate surety insurer authorized to do business in the State of California and the surety insurer shall have an A.M. Best rating of at least "A, XV". The surety insurer shall have assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The security or bond shall also insure against any and all defects in the Improvements for a period of not less than one full year after the date of acceptance thereof by the CITY. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure.

5. Security for Contractors, Subcontractors, Laborers and Materialmen. The DEVELOPER shall also provide a payment bond issued by a corporate surety for the security of laborers and materialmen, which bond or bonds shall be in substantially the form attached hereto as Exhibit "B" and made a part hereof. The amount of the bond(s) shall be no less than 100% of the total estimated amount needed to secure payment to the contractor, to the subcontractors, and to the persons furnishing labor, materials, or equipment to them for the Improvements. The laborers and materialmen bond shall be provided by an "admitted" corporate surety insurer authorized to transact surety insurance in the State of California with an A.M. Best rating of "A, XV", and with assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets.

The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure.

6. General Liability and Worker's Compensation Insurance. The DEVELOPER shall, before commencing any work, obtain commercial general liability insurance (primary) of not less than $2,000,000.00 per occurrence for all coverages and $2,000,000.00 general aggregate. The CITY and its employees and agents shall be added as additional insureds.

Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the CITY or any employee or agent of the CITY.

Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment -related practices. Such insurance shall not prohibit the DEVELOPER, and its employees or agents, from waiving the right of subrogation prior to a loss. The DEVELOPER waives its right of subrogation against the CITY. Unless otherwise approved by the CITY, the DEVELOPER's insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M.

Best rating of "A, XV." Self-insurance shall not be considered to comply with these insurance specifications. The DEVELOPER agrees to require all contractors, subcontractors and other parties hired for the Improvements to purchase and maintain insurance of the types specified 2

herein, naming as additional insureds all of the parties to this Security Agreement. The DEVELOPER shall, before commencing any work, obtain Worker's Compensation Insurance in an amount required by law and, failing to do so, the CITY may procure such insurance at the cost of the DEVELOPER.

7. Comprehensive Commercial General and Automobile Liability Insurance. The DEVELOPER, before commencing any work shall, at its own expense, maintain comprehensive commercial general and automobile liability insurance issued by a California -admitted surety company with an A.M. Best rating of no less than "A, XV" for $2,000,000 per occurrence.

Coverage shall be for the entire duration of the permitted activities. Such liability insurance policy shall name, by endorsement, the City as an additional insured.

8. Indemnification. Notwithstanding the provisions of Government Code, Section 66474.9 or any other statutes of similar import, and to the full extent permitted by law, the DEVELOPER shall defend, indemnify and hold harmless the CITY, its employees, agents, officials and attorneys, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind or nature, whether actual, alleged or threatened, reasonable attorneys' fees, court costs, interest, expert witness fees and any other costs or expenses of any kind whatsoever, without restriction or limitation, incurred in relation to, as a consequence of, or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the Map, the Improvements, this Agreement, or any matter related to the same; provided, however, that the indemnification to be provided by DEVELOPER to the CITY pursuant to the terms of this paragraph shall not be applicable where the aforementioned liability, claim, suit, action, etcetera, is the result of the sole negligence or sole willful misconduct of the CITY.

9. Procedure for Release of Perfouunance Bond Security. The security furnished by the DEVELOPER shall be released in whole or in part in the following manner:
a. Security shall be released upon final completion and acceptance of the Improvements. If the security furnished by the DEVELOPER is a documentary evidence of security, such as a surety bond, the CITY shall release the documentary evidence and return the original to the Surety upon final completion and acceptance of the Improvements. In the event the CITY is unable to return the original documentary evidence to the Surety, the security shall be released by written notice sent by certified mail to the DEVELOPER and to the Surety within 30 days of the City's acceptance of the Improvements. The written notice shall contain a statement that the work for which security was furnished has been completed and accepted, a description of the Improvements, and the notarized signature of an authorized CITY official. b. At such time as the DEVELOPER believes that the work for which the security was required is complete and makes payment of a partial exoneration fee of $350 to the CITY, the DEVELOPER shall notify the CITY in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the CITY shall have 45 days to review and comment or approve the completion of the Improvements. If the CITY does not agree that all work has been completed in accordance with the plans 3

and specifications for the Improvements, it shall supply a list of all remaining work to be completed.
c. Within 45 days of receipt of the CITY's list of remaining work, the DEVELOPER may then provide cost estimates for all remaining work for review and approval by the CITY.
d. Upon receipt of the cost estimates, the CITY shall then have 45 days to review, comment, and approve, modify or disapprove those cost estimates. The CITY shall not be required to engage in this process of partial release more than once between the start of work and the completion and acceptance of all work. e. The DEVELOPER shall complete the works of Improvement until all remaining items are accepted by the CITY. Upon completion of the Improvements, the DEVELOPER shall be notified in writing by the CITY within 45 days and, within 45 days of the date of the CITY's notice, the release of any remaining performance security shall be made within 60 days of the recording of the Notice of Completion.

10. Procedure for Release of Payment Bond Security. Security securing the payment to the contractor, his or her subcontractors and persons furnishing labor, materials or equipment may, after passage of the time within which mechanic's liens and stop notices are required to be recorded and after acceptance of the Improvements, be reduced by Surety to an amount equal to the total claimed by all claimants for whom mechanic's liens and stop notices have been recorded and notice thereof given in writing to the CITY, and if no claims have been recorded, the security may be released in full.

11. Security for One -Year Warranty Period. The release procedures described in paragraphs 9 and 10 above shall not apply to any required guarantee and warranty period nor to the amount of the performance bond security deemed necessary by the CITY for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees.

12. Binding Effect. This Security Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their legal representatives and their successors and assigns.

13. Authority to Execute. The DEVELOPER hereby warrants and represents to the CITY that the individual signing this Security Agreement on behalf of the DEVELOPER is vested with the unconditional authority to do so pursuant to, and in accordance with, all applicable legal requirements, and has the authority bind the DEVELOPER hereto.

14. No Assignment. The DEVELOPER may not assign this Security Agreement, or any part thereof, to another without the prior written consent of the CITY.

15. Attorneys' Fees. In the event of legal action to .enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled, in addition to any other form of relief, to recover its reasonable attorneys' fees and costs of suit. 4

16. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates listed below.

CITY OF BEAUMONT
B
'Dciv{7/r 2 , ZOO
Date

DEVELOPER
By
1/3 /go/8
Date
Darius Fatakia
Title: Vice President Land Development
Address: (�e'w
9 0 o(4- �kex Oft;r�l3r4 [Lcor
Me -cot, Gfn_) ctZ% �O
ctelq V oo
5

Corrected Original
EXHIBIT "A"

PERFORMANCE BOND
Basic Gov (Sales Force) # 17-gg q
File # 3/9.,
Bond No.: 1154350
Premium: $2,736.00/2 yrs.

WHEREAS, the City Council of the City of Beaumont, State of California, and RSI Communities California LLC, a Delaware limited liability company (hereinafter designated as "Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated December , 2017, whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No. 27971-4 , which is hereby incorporated herein and made a part hereof; and WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and Lexon Insurance Company as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of _One hundred eighty nine thousand nine hundred eighty dollars ($189,980.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on December 28th , 20 17 .

PRINCIPAL:

SURETY:

RSI Communities - California LLC Lexon Insurance Com
a Delaware limited liability company
By
Title Darius Fatakia
Vice President Land Development
By
Title
l�-
Todd M. Rohm, Attorney -in -Fact

ALL- PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California }
i
County of Orange
}
On December 28, 2017 before me, Susan E. Morales, Notary Public ,!.ere insert name and title of the officer)
personally appeared Todd M. Rohm
who proved to me on the basis of satisfactory evidence to be the person fs} whose name* is/afe subscribed to the within instrument and acknowledged to me that hefshref#+hey executed the same in his/tier/tlienf authorized capacity(ies), and that by his/hcr/thcir signature(sj on the instrument the person*, or the entity upon behalf of which the person() acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
—641
Notary Public Signature (Notary Public Seal)
SUSAN E. MORALES
COMM. # 2101788 z,.

NOTARY PUBLIC - CALIFORNIA E
ORANGE COONr -
My Comm. Expires Marcy h
28, 2019

ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF THE ATTACHED DOCUMENT
Bond 1154350
(Title or description of attached document)
Lexon Insurance Company
(Title or description of attached document continued)
Number of Pages 1 Document Date 12/28/17

CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
p Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version www.NotaryClasses.com 800-873-9865

INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgents from other states may be completed for documents being sent to that stale so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.

Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.

Corrected Original
EXHIBIT "B"

PAYMENT BOND
Bond No.: 1154350
Premium included with
the Performance Bond
WHEREAS, the City Council of the City of Beaumont, State of California, and RSI Communities - California LLC, a Delaware limited liability company (hereafter designated as "the Principal') have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated December 2017, whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No.27971-4 , which is hereby incorporated herein and made a part hereof, and WHEREAS, under the terms of the said agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Section 8000, et seq., of the Civil Code of the State of California.

NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to at Section 8000, et seq., of the Civil Code in the sum of One hundred eighty nine thousand nine hundred eighty dollars ($189,980.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 8000, et seq., of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on December 28th , 20 17 .

PRINCIPAL: SURETY:

RSI Communities - California LLC Lexon Insurance Company a Delaware limited liability company
By
Title
Darius Fatakia
Vice President Land ' - upment
By
Title Todd M. Rohm, Attorney -in -Fact

i

ALL- PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California }
County of Orange
}
On December 28, 2017 before me, Susan E. Morales, Notary Public (Here insert name and tale of the oricer)
personally appeared Todd M. Rohm
who proved to me on the basis of satisfactory evidence to be the personfa} whose name* is/afe subscribed to the within instrument and acknowledged to me that he/s re/they executed the same in hisfheNt rer authorized capacity(iesj, and that by his/hcr/thcir signature(a) on the instrument the person(s), or the entity upon behalf of which the person(s-) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Z4.4❑rr7 r. m
Notary Public Signature
s -

ADDITIONAL OPTIONAL INFORMATION
p
•
(Notary Public Seal)
SUSAN E. MORALES
CO *!M. # 2101798 .2

NOTARY PUBLIC CALIFORNIA

ORANGE CITY
Expires March Z. 2019

DESCRIPTION OF THE ATTACHED DOCUMENT
Bond 1154350
(Title or description of attached document)
Lexon Insurance Company
(Title or description of attached document continued)
Number of Pages 1 Document Date 12/28/17

CAPACITY CLAIMED BY THE SIGNER
O Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
E] Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version www.NotaryClasses.com 800-873-9865
•

INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.

Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.

Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.

POWER OF ATTORNEY
Lx- 310348
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appoint: Todd M. Rohm, Cathy S. Kennedy, Beata A. Sensi, Cheryl L. Thomas, Shane Wolf its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond.

This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 18L day of July, 2003 as follows:

Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $5,000,000.00, Five Million dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attomey-In- Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney.

Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company.

IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 5th day of August, 2015.

LEXON INSURANCE COMPANY
BY

ACKNOWLEDGEMENT
David E. Campbell
President
On this 5th day of August, 2015, before me, personally came David E. Campbell to me known, who be duly swum, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.

AMY TAYLOR
Notary Public- State of Tennessee
Davidson County
My Commission Exoires 07-08-19
BY

CERTIFICATE
Amy ! = for
Note , Public
I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force.

Signed and Seal at Mount Juliet, Tennessee this 28th Day of December 20 17 BY
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties."

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

CONSTRUCTION COST WORKSHEET
PARCEL MAP OR TRACT NO.: Tract 27971-4 Street, Storm Drain, and Sewer DATE: 18 -Dec -17
PP, CUP NO.:

BY: ., P.E.

IMPROVEMENTS FAITHFUL PERFORMANCE 100%
LABOR & MATERIALS SECURITY 100%
Construction Costs)
Streets/Drainage $ 71.590122
Sewer
Total $ 905,881.22
Warranty Retension (22.5%) $ 203,823.27
189,980.00
Street/Drainage Plan Check Fees =
Sewer Plan Check Fees =
Street Inspection Fees =
Sewer Inspection Fees =
14,318.02
5,699.40
21,477.04
9,499.00
°Tr' ED Boo sz.eiN
MIL Siasa.ouwie
E.5-11 rob

DESIGN ENGINEERS CALCULATIONS OF IMPROVEMENT BONDING COSTS Construction items and their quantities as shown on attached sheets are accurate for the improvements required to construct the above project and the mathematical extensions using City's unit costs are accurate for determining bonding, plan check and inspection costs.

Above amounts do 0 include additional 20% for recordation prior to having signed plans Above amounts do not ❑X include additional 20% for recordation prior to having signed plans Engineer's Signature Date
/V£'G , P.E.

Name typed or printed
FORM $ UNIT COSTS REVISED 01/02/2017
18 -Dec -17
Civil Engineer's Stamp
*****PLEASE READ INSTRUCTIONS BELOW*****

1. Quantities to be taken from improvement plans, Unit costs to be as provided on "City of Beaumont Construction Cost Worksheet".

2. Show Bond Amounts to the nearest $500.

3. For construction items not covered by the Construction Cost Worksheet", Design Engineer is to provide his opinion of construction cost and use of that cost. If City of Beaumont unit costs are determined to be too low in the opinion of the Design Engineer, the higher costs as provided by the Design Engineer should be used.

V.•120421active120424958101designlcostltract-41Tr. 27971-4 Top B 4;sl©#7 5cls 12/18/2017

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:

Tract 27971-4 Street, Storm Drain, and Sewer
DATE: 18 -Dec -17

STREET IMPROVEMENTS
QTY.

UNIT ITEM

UNIT COST
AMOUNT
Roadway Excavation

1. Projects with a grading plan area x 0.50'
1,766
C.Y.
(hinge point to hinge point)(95,343 sf)
$

20.00 $
35,320

2. Projects without a grading plan (road
area and side slopes to daylight
Cut (C) = Fill (f) =
C.Y. (c or f]j(a.) Excavate and Fill
$ 0.40
C.Y. (f - c) I(b.) Excavate and Export
(c.) Import and Fill
If balance, provide fa.) only, either cut or fill
If export, provide (a.) & (b.), a = fill, b = cut - fill If import, provide (a. ) & (c.), a = cut, c= fill - cut $ 1.10
$ 2.80
(Unit costs for (a.), (b.) & (c.) are 20% of acrual
costs to assure that work will be corrected to
eliminate hazardous conditions.)
S.F. (Remove A.C. Pavement
$ 1.45
L.F.

Remove Curb and Gutter
$ 18.00
L.F. (Remove A.C. Dike
$ 3.00
S.F. (Remove Sidewalk
$ 3.00
104
L.F. ISawcut & Remove Exist. A.C. Pavement
$ 2.45
$ 255
V:12042\active\2042495810\designlrst rec# Tyro 751-4 Total -City Bond Est.-170621.xis Page 2

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:

Tract 27971-4 Street, Storm Drain, and Sewer
DATE: 18 -Dec -17
STREET IMPROVEMENTS (Cont'd.)
QTY. 4
UNIT
ITEM

UNIT COST
AMOUNT
L.F.

Remove Chain Link Fence
$ 7.50
$ -
EA.

Remove Barricade
$ 200.00
$ -
1,716
TON
Asphalt Concrete - 144 lbs/cu. Ft.
(95,343 OnSite SF @ 0.25')
$ 90.00
$ 154,440
1,766
C.Y.

Aggregate Base Class II (95,343 OnSite SF [ar, 0.50')
$ 50.00
$ 88,300
4 TON
Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals) (116,416 OnSite SF)
$ 600.00
$ 2,400
apply at 0.05 + 0.03 = 0.08 gal/SY
$ -
S.F
AC overlay (min. 0.10')
If export, provide (a) & (b), a=fill, b=cut-fill
If import, provide (a)&(C), a=cut, c=fill-cut
(Unit costs for (a), (b) & (C) are 20% of
actual costs to assure that work will be
corrected to eliminate hazardous conditions.)
$ 0.90
$ -
S.F.

Remove A.C. Pavement
$ 1.45
$ -
L.F.

Curb and Gutter (Wedge Curb)
$ 12.00
$ -
5,484
L.F.

Curb and Gutter (Type A-6)
$ 15.00
$ 82,260
L.F.

Curb and Gutter (Type A-8)
$ 17.00
$ -
L.F.

Type "C" Curb
$ 12.00
$ -
L.F.

Type "D" Curb
$ 15.00
$ -
L.F.

A.C. Dike (6") (incl. material & labor)
$ 10.00
$ -
L.F.

A.C. Dike (8") (incl. Material & labor)
$ 15.00
$ -
S.F.

P.C.C. Cross Gutter and Spandrels
$ 10.00
$ -
33,833
S.F.

P.C.C. Sidewalk
$ 6.00
$ 202,998
SF
P.C.C. Drive Approach
$ 8.00
$ -
8 EA.

Handicapped Access Ramp
$ 2,000.00
$ 16,000
EA.

P.C.C. Drive Approach
(individual lot driveway approach per finished grading plan) $ 12.00
$ -
S.F.

Cold Plane & Overlay Exist. A.C. Paving
$ 4.00
$ -
$ -
$ -
$ -
V: 120421active120424958101designIcostltract-41Tr. 2797j�444, gl,(',i�y.B8rdet5170621.x1s 12/18/2017

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:

Tract 27971-4 Street, Storm Drain, and Sewer
DATE: 18 -Dec -17
STREET IMPROVEMENTS (Cont'd.)
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
5 EA.

Street Name Sign
$ 400.00
$ 2,000
EA.

Delineators -per Caltrans Std. A73C,
Class 1, Type F
$ 40.00
$ -
EA.

Object Markers - Modified Type F
Delineators, Riverside County
$ 45.00
$ -
L.F.

Barricades
$ 100.00
$ -
L.F.

Utility Trench, one side (Edison, Telephone, Cable)
(Total length of streets)
$ 10.00
$ -
L.F.

Chain Link Fence (6')
$ 80.00
$ -
L.F.

Remove Fence
$ 4.00
$ -
EA.

Remove Power Pole
$ 1,200.00
$ -
6 EA.

Street Lights (including conduit)
$ 5,000.00
$ 30,000
EA.

Street Trees (15 gallon)
$ 150.00
$ -
L.S.

Landscape and Irrigation
$ -
$ -
EA.

Concrete Bulkhead
$ 200.00
$ -
C.Y.

Structural Reinforced Concrete
$ 400.00
$ -
EA.

Slope Anchors for Pipes
$ 300.00
$ -
L.F.

Cut Off Wall (Std. 2')
$ 5.50
$ -
EA.

A.C. Overside Drain
$ 800.00
$ -
EA.

Under Sidewalk Drain
$ 2,000.00
$ -
S.F.

Terrace Drains and Down Drains
$ 6.50
$ -
S.F.

Interceptor Drains
$ 6.50
$ -
4 EA.

Gutter Depression for Curb Opening Catchbasin
$ 1,500.00
$ 6,000
EA.

Access Driveway for Storm Drain at Cu1-de-Sac
$ 640.00
$ -
4 EA.
"STOP" Pavement Marking
$ 200.00
$ 800
L.F.

Limit Line
$ 2.00
$ -
4 EA.

RI "STOP SIGN"
$ 250.00
$ 1,000
3 EA.

W53 "NOT A THROUGH STREET" Sign
$ 250.00
$ 750
$ -
$ -
$ -
$ -

12/18/2017

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:

Tract 27971-4 Street, Storm Drain, and Sewer
DATE: 18 -Dec -17
STREET IMPROVEMENTS (Cont'd.1
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
C.Y.

Rip Rap (1/4 Ton) Method B
$ 40.00
$ -
C.Y.

Rip Rap (1/2 Ton) Method B
$ 45.00
$ -
C.Y.

Rip Rap (1 Ton) Method B
$ 50.00
$ -
C.Y.

Rip Rap (2 Ton) Method B
$ 55.00
$ -
C.Y.

Grouted Rip Rap (1/4 Ton) Method B
$ 60.00
$ -
C.Y.

Grouted Rip Rap (1/2 Ton) Method B
$ 67.00
$ -
C.Y.

Grouted Rip Rap (1Ton) Method B
$ 75.00
$ -
C.Y.

Grouted Rip Rap f 2 Ton) Method B
$ 80.00
$ -
L.F.
18" R.C.P.
$ 113.00
$ -
L.F.
24" R.C.P.
$ 140.00
$ -
L.F.
30" R.C.P.
$ 150.00
$ -
L.F.
36" R.C.P.
$ 155.00
$ -
L.F.
42" R.C.P.
$ 160.00
$ -
L.F.
48 " RCP
$ 165.00
$ -
L.F.
54" RCP
$ 170.00
$ -
L.F.
60" RCP
$ 175.00
$ -
L.F.
72" RCP
$ 250.00
$ -

0.001
$ 1.00
$ -
L.F.
$ 1.00
$ -
EA.

H.D.P.E. Clean Out
$ 400.00
$ -
EA.

Drain Basin
$ 500.00
$ -
EA.

Curb Outlet
$ 3,000.00
$ -
EA.

Fossil Filters
$ 500.00
$ -
EA.
18" C.M.P. Wye
$ 500.00
$ -
EA.

Riprap Headwall
$ 1,000.00
$ -
EA.

Concrete Collar
$ 500.00
$ -
EA.

Outlet Structure
$ 10,000.00
$ -
EA.
$ -
$ -
$ -

12/18/2017

S T O PS T O PS T O PS T O PS T O PS T O PS T O PS T O PS T O PS T O PS T O PS T O PTRACT NO. 27971-7HEARTLAND PARKWAY NORTHTRACT NO. 27971-9TRACT NO. 27971-10SAN TIMOTEO CREEKPARKPARKTRACT NO. 27971-1TRACT NO. 27971-8TRACT NO. 27971-4HEARTPARKWAYSOUTHLANDTRACT NO. 27971-6TRACT NO. 27971-3TRACT NO. 27971-5TRACT NO. 27971-11TRACT NO. 27971-12PARKWAYSOUTHHEARTLAND COLUMBUS COURT MON
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HARRISBURG PLACE

MONTGOMERY PLACE

HAMILTON PLACELANSING STREETTOPEKA WAYALBANY LANEKIMBALL COURTHOPEWELL TRAILHARTFORD LANECARSON WAYAMHERST WAY SP
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RALEIGH STREET CUMBERLAND WAYTACOMA COURTVANDERBILT WAYGOLDEN GATE WAYPLACE B
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POWELL DENVERCOURTHOMESTEAD WAY

VICTORIA PLACE
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PROVIDENCE COURTBELLINGHAM COURTDENVER COURTSALEM COURTPOTRERO BOULEVARD

CONCORD PLACECLEVELAND PLACEAUSTIN PLACEMADISON PLACE STO
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MELON PLACE

RAINER PLACE

CHARLSTON PLACEMARYLAND PLACEPLEASANT STREETBRISTOL PLACEPEACOCK COURT ADMIRAL WAY TRACT NO. 27971-2PARKKnow what'sbelow.before you dig.CallR25864-f Business Center DriveRedlands, CA 92374909.335-6120stantec.com1PRIVATE ENGINEERS NOTICE TO CONTRACTOR(S)ABBREVIATIONSLEGENDSITE LOCATIONTITLE SHEET - LOCATION MAPVICINITY MAP - SEWER NOTESLOCATION MAPPUBLIC SEWER IMPROVEMENT PLANSTRACT NO. 27971 - 4DECLARATION OF ENGINEER OF RECORD:NOTE:UTILITIESSEWER NOTES"DECLARATION OF RESPONSIBLE CHARGE"1 June 2020Page 132 of 575

Staff Report

TO: City Council
FROM: Kylie Tillema, Assistant Fire Marshall
DATE November 15, 2022
SUBJECT: Receive and File the Fiscal Year 2021-2022 Health and Safety Code (HSC) 13146.4 Annual Inspection Report of Certain Occupancies Pursuant to Sections HSC 13146.2 and 13146.3

Description State Mandated Annual Inspection Reporting
Background and Analysis:

In 2018, California Health and Safety Code Section 13146.4 was added by Senate Bill 1205 (SB1205) and became effective January 1, 2019. Section 13146.4 requires all fire departments, that provide fire protection services, to report annually to their administering authority on their compliance with Health and Safety Code Sections 13146.2 and 13146.3. Sections 13146.2 and 13146.3 require annual inspections of every building used as a public or private school (used by more than 6 persons for educational purpose through the 12th grade), hotel, motel, lodging house, apartment house (3 units or more) and certain residential care facilities for compliance with building standards.

During the time period of July 1, 2021, to June 30, 2022, the Fire Department identified twelve Group E and sixty-nine Group R occupancies, buildings, structures and/or facilities in the City of Beaumont and completed 100% of the annual inspections at the identified occupancies, buildings, structures and/or facilities. The Fire Department will continue to assess, with the assistance of City staff, the existing building stock and new development within the City in an effort to ensure that all applicable Group E and R buildings, structures and/or facilities receive an annual inspection in accordance with SB1205.

Fiscal Impact:

Cost to prepare this staff report is approximately $250.

Recommended Action:

Receive and file the FY 2021/2022 HSC 13146.4 Annual Inspection Report.

Attachments:

A. FY 2021/2022 HSC 13146.4 Annual Inspection Report
B. Senate Bill 1205 Text

FY 2021/2022 HSC 13146.4 ANNUAL INSPECTION LIST

CITY OF BEAUMONT

R‐1 OCCUPANCIES
NAME HOUSE_NO DIR STREET SUFFIX CITY ZIP
MOUNTAIN VIEW MOTEL 1430 E 6TH ST BEAUMONT 92223
RODEWAY INN 1265 E 6TH ST BEAUMONT 92223
AMERICA'S BEST VALUE INN 625 E 5TH ST BEAUMONT 92223
MOTEL 6 480 E 5TH ST BEAUMONT 92223
HOLIDAY INN EXPRESS & SUITES 1864 OAK VALLEY VILLAGE CIR BEAUMONT 92223

R‐2 OCCUPANCIES
NAME HOUSE_NO DIR STREET SUFFIX CITY ZIP
MULTIPLEX 582 E 5TH ST BEAUMONT 92223
MULTIPLEX 600 E 5TH ST BEAUMONT 92223
MULTIPLEX 845 E 6TH ST BEAUMONT 92223
MULTIPLEX 1498 E 6TH ST BEAUMONT 92223
MULTIPLEX 800‐804 E 6TH ST BEAUMONT 92223
MULTIPLEX 231 E 7TH ST BEAUMONT 92223
MULTIPLEX 885 E 7TH ST BEAUMONT 92223
MULTIPLEX 1315 E 7TH ST BEAUMONT 92223
MULTIPLEX 1321 E 7TH ST BEAUMONT 92223
MULTIPLEX 552‐582 E 7TH ST BEAUMONT 92223
MULTIPLEX 1198 E 8TH ST BEAUMONT 92223
MULTIPLEX 1215 E 8TH ST BEAUMONT 92223
MULTIPLEX 1377 E 8TH ST BEAUMONT 92223
MULTIPLEX 452 E 9TH ST BEAUMONT 92223
MULTIPLEX 952 E 10TH ST BEAUMONT 92223
MT VIEW APTS 488 E 15TH ST BEAUMONT 92223
MULTIPLEX 703 ALLEGHENY BEAUMONT 92223
SYCAMORE SQUARE APTS 799 ALLEGHENY ST BEAUMONT 92223
MULTIPLEX 645 AMERICAN AVE BEAUMONT 92223
MULTIPLEX 655 AMERICAN AVE BEAUMONT 92223
MULTIPLEX 695 BEAUMONT AVE BEAUMONT 92223
MULTIPLEX 714‐720 BEAUMONT AVE BEAUMONT 92223
MULTIPLEX 753‐763 CALIFORNIA AVE BEAUMONT 92223
MULTIPLEX 905 CHERRY AVE BEAUMONT 92223
CHERRYWOOD APTS 951 CHERRY AVE BEAUMONT 92223
MULTIPLEX 825‐829 CHERRY AVE BEAUMONT 92223
MULTIPLEX 841‐845 CHERRY AVE BEAUMONT 92223
MULTIPLEX 847‐851 CHERRY AVE BEAUMONT 92223
MULTIPLEX 726 CHESTNUT AVE BEAUMONT 92223
MULTIPLEX 738 CHESTNUT AVE BEAUMONT 92223
MULTIPLEX 747 CHESTNUT AVE BEAUMONT 92223
ORCHARD PARK APTS 423 E COUGAR WAY BEAUMONT 92223
MULTIPLEX 520 EDGAR AVE BEAUMONT 92223
MULTIPLEX 1026 EDGAR AVE BEAUMONT 92223
MULTIPLEX 1038 EDGAR ST BEAUMONT 92223
EDGAR AVE APTS 681‐699 EDGAR AVE BEAUMONT 92223
MULTIPLEX 870 EUCLID AVE BEAUMONT 92223
MULTIPLEX 629‐635,641‐647 EUCLID AVE BEAUMONT 92223
MULTIPLEX 671 ILLINOIS AVE BEAUMONT 92223
MULTIPLEX 683 ILLINOIS BEAUMONT 92223
LIBERTY VILLAGE APTS 735 ILLINOIS AVE BEAUMONT 92223
MULTIPLEX 677 MAGNOLIA AVE BEAUMONT 92223
MULTIPLEX 838 MAGNOLIA AVE BEAUMONT 92223
MULTIPLEX 851‐857 MAGNOLIA AVE BEAUMONT 92223

FY 2020/2021 HSC 13146.4 ANNUAL INSPECTION LIST

MULTIPLEX 826 MAPLE AVE BEAUMONT 92223
MULTIPLEX 1086 MAPLE AVE BEAUMONT 92223
MULTIPLEX 630 MASSACHUSETTS AVE BEAUMONT 92223
MULTIPLEX 695 MASSACHUSETTS AVE BEAUMONT 92223
MULTIPLEX 490 MICHIGAN AVE BEAUMONT 92223
MULTIPLEX 725 MICHIGAN AVE BEAUMONT 92223
PINE TREE APTS 798 MICHIGAN AVE BEAUMONT 92223
MULTIPLEX 1451 MICHIGAN AVE BEAUMONT 92223
MULTIPLEX 638,640,642,644,646,650 MICHIGAN AVE BEAUMONT 92223 MULTIPLEX 885 ORANGE AVE BEAUMONT 92223
MULTIPLEX 673 PALM AVE BEAUMONT 92223
MULTIPLEX 651 PENNSYLVANIA AVE BEAUMONT 92223
MULTIPLEX 690 PENNSYLVANIA AVE BEAUMONT 92223
BEAUMONT TERRACE APTS 752 PENNSYLVANIA AVE BEAUMONT 92223 CAPE VILLA APTS 800 PENNSYLVANIA AVE BEAUMONT 92223
MULTIPLEX 878 PENNSYLVANIA AVE BEAUMONT 92223
MULTIPLEX 864 WELLWOOD AVE BEAUMONT 92223
MULTIPLEX 876 WELLWOOD AVE BEAUMONT 92223
MULTIPLEX 884 WELLWOOD AVE BEAUMONT 92223
NOBLE CREEK APTS 755 XENIA ST BEAUMONT 92223

E OCCUPANCIES
NAME HOUSE_NO DIR STREET SUFFIX CITY ZIP
GLEN VIEW HIGH SCHOOL 939 E 10TH ST BEAUMONT 92223
SUNDANCE ELEMENTARY SCHOOL 1520 E 8TH ST BEAUMONT 92223 BROOKSIDE ELEMENTARY SCHOOL 38755 BROOKSIDE AVE BEAUMONT 92223 ANNA M. HAUSE ELEMENTARY SCHOOL 1015 CARNATION LN BEAUMONT 92223 TOURNAMENT HILLS ELEMENTARY SCHOOL 36611 CHAMPIONS DR BEAUMONT 92223 SAN GORGONIO MIDDLE SCHOOL 1591 CHERRY AVE BEAUMONT 92223 BEAUMONT HIGH SCHOOL 39139 CHERRY VALLEY BLVD BEAUMONT 92223 THREE RINGS RANCH ELEMENTARY SCHOOL 1040 CLAIBORNE AVE BEAUMONT 92223 MOUNTAIN VIEW MIDDLE SCHOOL 200 COUGAR WAY BEAUMONT 92223 STARLIGHT ELEMENTARY SCHOOL 1510 COUGAR WAY BEAUMONT 92223 PALM ELEMENTARY SCHOOL 751 PALM AVE BEAUMONT 92223
HIGHLAND ACADEMY CHARTER SCHOOL 715 WELLWOOD AVE BEAUMONT 92223

Senate Bill No. 1205
CHAPTER 854
An act to add Section 13146.4 to the Health and Safety Code, relating to fire protection.
[Approved by Governor September 27, 2018. Filed with
Secretary of State September 27, 2018.]
legislative counsel’s digest
SB 1205, Hill. Fire protection services: inspections: compliance reporting.

Existing law requires the chief of any city or county fire department or district providing fire protection services and his or her authorized representatives to inspect every building used as a public or private school within his or her jurisdiction, for the purpose of enforcing specified building standards, not less than once each year, as provided. Existing law requires every city or county fire department or district providing fire protection services that is required to enforce specified building standards to annually inspect certain structures, including hotels, motels, lodging houses, and apartment houses, for compliance with building standards, as provided.

This bill would require every city or county fire department, city and county fire department, or district required to perform the above-described inspections to report annually to its administering authority, as defined, on the department’s or district’s compliance with the above-described inspection requirements, as provided. The bill would require the administering authority to acknowledge receipt of the report in a resolution or a similar formal document. To the extent this bill would expand the responsibility of a local agency, the bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The people of the State of California do enact as follows:

SECTION 1. Section 13146.4 is added to the Health and Safety Code, to read:
13146.4. (a)  Every city or county fire department, city and county fire department, or district required to perform an annual inspection pursuant

93 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL

to Sections 13146.2 and 13146.3 shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3. (b)  The report made pursuant to subdivision (a) shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority.
(c)  The administering authority shall acknowledge receipt of the report made pursuant to subdivision (a) in a resolution or a similar formal document.
(d)  For purposes of this section, “administering authority” means a city council, county board of supervisors, or district board, as the case may be.

SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

O
93 — 2 —Ch. 854

Staff Report

TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE November 15, 2022
SUBJECT: Adoption of a Resolution Extending Participation in the Abandoned Vehicle Abatement (AVA) Program

Description The County of Riverside, which administers the Abandoned Vehicle Abatement (AVA) program, has requested adoption of an updated resolution extending the City of Beaumont’s participation in the AVA program through May 31, 2024.

Background and Analysis:

The City currently participates in the County of Riverside’s AVA program through which Code Enforcement receives support and reimbursement for eligible program needs and expenses. Acceptance of staff’s recommendation will continue to allow the City of Beaumont to remove and dispose of abandoned, wrecked, dismantled, or inoperative vehicles, and be reimbursed through the Riverside County Abandoned Vehicle Abatement Service Authority for staff time and costs incurred by the City in the abatement of these vehicles.

In 1990, the California State Legislature enacted legislation allowing for the creation of county-based vehicle service authorities, pursuant to the provisions of Vehicle Code Section 22710. In June 1994, the Riverside Cou nty Abandoned Vehicle Abatement Service Authority was formed and imposed a one -dollar vehicle registration fee on vehicles registered to all owners with addresses in the County of Riverside.

Vehicle registration fees are collected by the Department of Motor Vehicles and allocated to Riverside County Abandoned Vehicle Abatement Service Authority by the State Controller pursuant to Vehicle Code Section 9250.7. Fees are then allocated to 24 participating entities on the basis of the size and population of each entity in relation to the total size and population of Riverside County, and on the basis of a percentage of the vehicles abated by each entity in relation to the total vehicles abated by the Riverside County Abandoned Vehicle Service Authority as a whole. The current 24 entities are the County of Riverside, and the Cities of Banning, Beaumont, Blythe, Calimesa, Canyon Lake, Cathedral City, Coachella, Corona, Desert Hot Springs,

Hemet, Indio, La Quinta, Lake Elsinore, Menifee, Moreno Valley, Murrieta, Norco, Palm Desert, Palm Springs, Perris, Riverside, San Jacinto, and Temecula.

Since the inception of the program, the Riverside County Abandoned Vehicle Abatement Service Authority has disbursed $22,952,216, to participating cities for reimbursement of staff time in the abatement of approximately 146,561 abandoned, wrecked, dismantled or inoperative vehicles. The City of Beaumont received for Fiscal Year (FY) 22 $10,985, FY21 $15,214 and FY20 $10,358 in reimbursements from the AVA program.

The current service authority program is scheduled to sunset in May 2024. Senate Bill 106 (SB 106), chaptered on August 13, 2001, allows local agencies to extend the Abandoned Vehicle Abatement Service Authority program every 10 years with the approval of the county and a majority of the cities comprising a majority of the population of the incorporated areas.

A majority of the 24 participating cities are currently in the process of adopting their respective resolutions approving the 10-year extension of the Service Authority.

Adoption of the attached resolution is the first step of this important program that is necessary prior to submitting the Service Authority extension package to the Riverside County Board of Supervisors for their review and approval.

Fiscal Impact:

The cost to prepare this staff report is approximately $250. The City receives reimbursement annually from the AVA program.

Recommended Action:

Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont, Authorizing the Extension of the Service Fee Collected on Behalf of the Riverside County Abandoned Vehicle Abatement Service Authority until May 2024.” Attachments:

A. Resolution

RESOLUTION NO. 2022-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,

AUTHORIZING THE EXTENSION OF THE SERVICE FEE COLLECTED ON

BEHALF OF THE RIVERSIDE COUNTY ABANDONED VEHICLE
ABATEMENT SERVICE AUTHORITY UNTIL MAY 2024

WHEREAS, the Riverside County Abandoned Vehicle Abatement Service Authority was formed on or about June 1, 1994, pursuant to the provisions of California Vehicle Code §§ 9950.7 and 22710 enacted by the Legislature in 1990 which authorize the establishment of a service authority and imposition of a service fee on all registered motor vehicles located within a county; and

WHEREAS, beginning in June 1994 and continuing to the present, the Riverside County Abandoned Vehicle Abatement Service Authority has been the recipient of service fees collected on its behalf by the California Department of Motor Vehicles; and

WHEREAS, the service fees received by the Riverside County Abandoned Vehicle Abatement Service Authority are used to reimburse local governmental agencies for a portion of their costs incurred as a result of the abatement, removal and disposal as public nuisances of any abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof; and

WHEREAS, the Riverside County Abandoned Vehicle Abatement Service Authority apportions and distributes service fee proceeds to each member agency according to the formula set forth in California Vehicle Code §§ 22710 ; and

WHEREAS, since the establishment of the Abandoned Vehicle Abatement program in June 1994, it has disbursed $22,952,216 in service fee proceeds to member agencies and caused the abetment of approximately 146,561 abandoned, wrecked, dismantled, or inoperative vehicles located in various cities and the unincorporated area of Riverside County; and

WHEREAS, the service fee collected as part of the Abandoned Vehicle Abatement Service Authority program is set to expire in May 20 24; and

WHEREAS, the Legislature recently amended California Vehicle Code § 9250.7 to allow for an extension of the service fee collected as part of the Abandoned Vehicle Abatement program in increments of up to 10 years each if the board of supervisors of the county, by a two-thirds vote, and a majority of the cities comprising a majority of the population of the incorporated areas within the county adopt resolutions providing for the extension of the service fee; and

WHEREAS, it is desirable to the City of Beaumont to have the Abandoned Vehicle Abatement program continue beyond its current termination date of May 20 24.

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Beaumont, California approves the extension of the service fee collected on behalf of the Riverside County Abandoned Vehicle Abatement Service Authority until May 14, 2024.

PASSED, APPROVED AND ADOPTED at a regular meeting of the Beaumont City Council held on this 15th day of November, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________________
Lloyd White, MAYOR

ATTEST:

______________________________________
Nicole Wheelwright, DEPUTY CITY CLERK

Staff Report

TO: City Council
FROM: Nicole Wheelwright, Deputy City Clerk
DATE November 15, 2022
SUBJECT: Consideration of Re-Authorizing the Use of Teleconferencing to Conduct Public Meetings

Description To continue the use of teleconferencing for a 30-day period through December 15, 2022.

Background and Analysis:

On October 18, 2022, City Council adopted a resolution re-ratifying that certain conditions exist that necessitate the need to implement the Ralph M. Brown Act provisions provided by Government Code Section 54953.

As of September 13, 2022, Governor Newsom approved Assembly Bill 2449 to provide adopted provisions of teleconferencing usage for legislative bodies. Government Code Section 54953 and 54954.2 have been amended to provide provisions to facilitate teleconferenced meetings during a declared state of emergency. These provisions can only be used in an active gubernatorial state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. On October 17, 2022, Governor Gavin Newsom announced that the COVID-19 State of Emergency will end February 28, 2023.

In the meantime, if the above conditions and measures still exists, teleconferencing can be used if the legislative body, not later than 30 days after teleconferencing for the first time and every 30 days thereafter, make the following findings by majority vote:

A. The legislative body has reconsidered the circumstances of the state of emergency.

B. Any of the following circumstances exist:
i. The state of emergency continues to directly impact the ability of the members to meet safely in person.
ii. State or local officials continue to impose or recommend measures to promote social distancing.

Fiscal Impact:

City staff estimates the cost to prepare this staff report to be $110.

Recommended Action:

Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont 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 of November 15, 2022, through December 15, 2022, Pursuant to Provisions of the Ralph M. Brown Act.”
Attachments:

A. Resolution

RESOLUTION 2022-

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 NOVEMBER 15, 2022 – DECEMBER 15, 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

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.

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) December 15, 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 15th day of November 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Lloyd White, Mayor
ATTEST:

____________________________________________
Nicole Wheelwright, City Clerk

APPROVED AS TO FORM:

____________________________________________
John O. Pinkney, City Attorney

Staff Report

TO: City Council
FROM: Doug Story, Community Services Director
DATE November 15, 2022
SUBJECT: Consider Adopting a Resolution of the City of Beaumont Authorizing the Waiver of Monthly Facility Use Fees at the Albert A. Chatigny, Sr.

Community Recreation Center

Description Request of fee waiver from Beaumont Community Youth Basketball.

Background and Analysis:

Beaumont Community Youth Basketball (BCYB) is a non-profit community organization that provides up to 500 children, from 5 through 18 years of age, the opportunity to participate in recreational basketball, with a registration fee of $200 per participant. This league operates at the Albert A. Chatigny, Sr. Community Recreation Center (CRC) and allows children to not only develop basketball skills, but also provides opportunities for personal growth and development for young athletes while reinforcing positive influences, self-confidence, self-esteem, and a healthy physical lifestyle through sports.

Staff received a Facility Use Application from BCYB and reviewed the request to use the facility (Attachment B). The league has requested use of the facility gymnasium, restrooms, and kitchen from November 14, 2022, through March 30, 2023. Practices will be held on Monday – Friday evenings from 5 pm – 9 pm with games being played on Friday evenings from 5 pm – 10 pm and Saturdays from 7 am – 7 pm. The request also includes a three-day tournament and the use of the kitchen on 16 dates. BCYB has formally requested (Attachment C) to have facility use fees waived in the amount of $23,920.

Fiscal Impact:

BCYB is requesting a waiver of facility use fees for their proposed use schedule in the amount of $23,920, of which $500 is for the deposit. The staff fees associated with this request is $8,960 and historically has been paid by BCYB by the money collected through the operation of a snack bar at the facility during games and through dues collected by each participant during the registration process and will continue to be paid by BCYB and is not included in the waiver request.

Recommended Action:

Waive the full reading and adopt by title only, “A Resolution of the City of Beaumont authorizing the waiver of monthly facility use fees at the Chatigny Community Recreation Center (CRC) for Beaumont Community Youth Basketball (BCYB).” Attachments:

A. Resolution
B. Facility Use Application
C. Fee Waiver Request

1 RESOLUTION NO. _______

A RESOLUTION OF THE CITY OF BEAUMONT AUTHORIZING

THE WAIVER OF MONTHLY FACILITY USE AND STAFF FEES

AT THE CHATIGNY COMMUNITY RECREATION CENTER
(CRC) FOR BEAUMONT COMMUNITY YOUTH BASKETBALL
WHEREAS, Beaumont Community Youth Basketball is a non-profit community organization that provides up to 500 children ages 5 through High School age, the opportunity to participate in basketball and develop social, physical, and personal growth. and
WHEREAS, Beaumont Community Youth Basketball provides development for young athletes while reinforcing positive influences, self-confidence, self-esteem, and a healthy physical lifestyle through sports; and
WHEREAS, Beaumont Community Youth Basketball needs a space within the Chatigny Community Recreation Center (CRC) to hold their practices and games and has requested a fee waiver for the facility use fees; and
WHEREAS, the City Council desires to waive facility use fees for Beaumont Community Youth Basketball as it serves a public interest.

NOW, THEREFORE, BE IT RESOLVED, that the City of Beaumont does authorize a fee waiver of facility use fees for Beaumont Community Youth Basketball’s use of the Chatigny Community Recreation Center until March 30, 2023, and finds that the fee waiver serves a valid public purpose in that the fee waiver will support the betterment of residents and youth within the Beaumont community.

MOVED, PASSED AND ADOPTED this ___day of November 2022.

AYES:

NOES:

ABSTAIN:

ABSENT:

By: ____ __________ Lloyd White, Mayor, City of Beaumont

2 ATTEST:

Steven Mehlman

CITY CLERK

By: _____________

CITY OF BEAUMONT
550 E. 6th Street, Beaumont, CA 92223
Phone (951) 769-8520 Fax (951) 769-8526
www.Beaumont-Ca.gov

_________________________________________________________________________________________________________

Incorporated November 18, 1912

Date: August 25, 2022
DESCRIPTION: COMMUNITY RECREATION

CENTER USAGE FOR YOUTH BASKETBALL
WINTER PROGRAM 2022-23

From:

Community Services Dept
1310 Oak Valley Pkwy
Beaumont, California 92223
(951) 769-8524
Fax : (951) 769-8519

To: Beaumont Community Youth Basketball
Roy Mickles
[email protected]

Purpose/Location: Dates: Times: Bui lding rental: Staff fees:

Practices/Gym 71 dates 5pm-9pm $14,200.00 $5,680.00 Nov 14, 15, 16, 17, 18, 21, 22, 23, 28, 29, 30, Dec 1, 5, 6, 7, 8, 12, 13, 14, 15, 19, 20, 21, 22, 28, 29, Jan 3, 4, 5, 9, 10, 11, 12, 17, 18, 19, 23, 24, 25, 26, 30, 31, Feb 1, 2, 6, 7, 8, 9, 21, 22, 23, 27, 28 Mar 1, 2, 6, 7, 8, 9, 13, 14, 15,16, 20, 21, 22, 23, 27, 28, 29, 30

Games/Gym 8 dates 5pm-10pm $1,920.00 $800.00 Fridays Dec 2, Jan 6, 13, 27, Feb 3, 10, 17, Mar 3

Games/Gym 8 dates 7am-7pm $4,160.00 $1,920.00 Saturdays Dec 3, Jan 7, 14, 28, Feb 4, 11, 18, Mar 4

Tournament 3 dates
Friday March 17- 5pm-10pm $240.00 $100.00 Saturday March 18- 7am-8pm $560.00 $260.00 Sunday March 19- 7am-5pm $440.00 $200.00

Kitchen 16 dates $2,400.00 Fridays – 8 dates
Saturdays – 8 dates

Total $23,920.00 $8,960.00 Deposit $500.00

TOTAL FEES DUE $33,380.00

Staff Report

TO: City Council
FROM: Jeff Hart, Director of Public Works
DATE November 15, 2022
SUBJECT: First Amendment to the Professional Service Agreement with EXP U.S.

Services, Inc. for Engineering Services for Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 Project (CIP2019-19)

Description First Amendment to Professional Services Agreement for Engineering Services to EXP U.S. Services, Inc. for Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 Project (CIP2019-19)
Background and Analysis:

On March 17, 2020, City Council amended the Fiscal Year (FY) 2019/20 Capital Improvement Project (CIP) Budget to include the Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 Project (Stage 1). Stage 1 was incorporated into the CIP in the amount of $5,000,000 with the source of funds being the Riverside County Flood Control and Water Conservation District (District) via a cooperative funding agreement.

On September 1, 2020, City Council approved the cooperative agreement and on September 22, 2020, the District fully executed the agreement. On December 15, 2020, City Council approved a Professional Service Agreement (PSA) to EXP U.S. Services, Inc. (EXP), to perform preliminary and final engineering service.

Stage 1 includes the construction of approximately 4,820 lineal feet of underground storm drain system starting near the intersection of Chestnut Avenue and Sixth Street and extending easterly along Sixth Street, southerly along Pennsylvania Avenue, and easterly along First Street. The discharge point of Stage 1 is an existing earthen channel that parallels Berkshire Avenue in Tract Map No. 31520 (Berkshire Channel).

During preliminary analysis, Berkshire Channel and other downstream facilities were determined to not have enough capacity to safely convey the ultimate design flow. EXP, Riverside County Flood Control, and City staff identified the need to evaluate a possible detention basin to mitigate for downstream limitation s. Additionally, City staff requested that EXP reevaluate the study area for Line 2 and include the 2040 General Plan, Land Use Map and provide analysis for the future Pennsylvania Grade Separation project.

Subsequently, EXP has provided a scope and fee change that will include the following additional tasks:

 Perform Hydrology Study south of I-10 for the Q10 and Q100 ultimate land use conditions.
 Prepare Hydrology and Hydraulics Memorandum.
 Review existing available drainage reports from Tract 31520 an d 31520-1 and evaluate Berkshire Channel Hydraulics for the updated peak flows.  Evaluate Potential Detention Basin Feasibility. Evaluation includes preliminary basin sizing, plans, basin routing calculations, inlet and outlet pipe hydraulics, emergency spillway evaluations.

Staff is requesting City Council authorize this contract amendment in an amount not to exceed $61,847. This amendment of the professional services agreement is needed to amend the scope of work, fee, and extend the term of the contract with a new termination date of February 16, 2024.

Fiscal Impact:

The cost of preparing the staff report is estimated to be $350. The funding for this contract amendment would be paid from the Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 Project (CIP2019-019) budget. Refer to the following table for an accounting summary.

2019-019 MDP Line 2 Project Accounting Summary
Funding Summary
Funding Year Funding Source Amount
19/20 RCFC $100,000.00
20/21 RCFC $1,500,000.00
21/22 RCFC $3,400,000.00
Total Project Funding = $5,000,000.00
Budget Summary
Project Component Budget Encumbered Paid to Date Remaining Budget
Project Management $0.00 $0.00 $0.00 $0.00
Preliminary Services $0.00 $0.00 $0.00 $0.00
Environmental $0.00 $0.00 $0.00 $0.00
Design $500,000.00 ($442,214.00) ($24,788.88) $57,786.00 Construction $4,500,000.00 $0.00 $0.00 $4,500,000.00 Construction
Management $0.00 $0.00 $0.00 $0.00

Permits $0.00 $0.00 $0.00 $0.00
Equipment $0.00 $0.00 $0.00 $0.00
Project Summary
Totals $5,000,000.00 ($442,214.00) ($24,788.88) $4,557,786.00

Recommended Action:

Approve the First Amendment to the Professional Services Agreement with EXP U.S.

Services, Inc., in an amount not to exceed $61,847 for additional Engineering Services for the Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 Project (CIP2019 -19).

Attachments:

A. First Amendment to the Professional Services Agreement with EXP U.S.

Services, Inc.

B. Scope of Work
C. Professional Services Agreements with EXP (Original Agreement)

FIRST AMENDMENT

TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BEAUMONT AND EXP U.S. SERVICES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR BEAUMONT MASTER DRAINAGE PLAN (MDP) LINE 2, STAGE 1 PROJECT (CIP2019-019)

THIS FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 1st day of November, 2022, by and between the CITY OF BEAUMONT, a general law city, (“CITY”) whose address is 550 E. 6th Street, Beaumont, California 92223 and EXP U.S. Services, Inc. whose address is 451 E.

Vanderbilt Way, Suite 375, San Bernardino, CA 92408 (“CONTRACTOR”) in consideration of the mutual promises and purpose contained herein, the parties agree as follow:

1. RECITALS

This First Amendment is made with respect to the following facts and purpose that the parties agree are true and correct:

A. On December 15, 2020, the City and EXP U.S. Services, Inc., entered into that certain agreement entitled “Agreement for Professional Services by Independent Contractor” for Professional Engineering Services for Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 Project (CIP2019-019) (“Agreement”).

B. City has requested a further change in scope to the work under the Agreement regarding additional engineering services and grant application assistance and CONTRACTOR has requested that the scope of work should be increased as provided in the Proposal dated October 6, 2022, a copy of which is attached hereto as Exhibit “A”, and incorporated herein by this reference.

2. AMENDMENT

Section 1 of the Agreement is hereby amended to extend the period of time during which the Services are to be provided hereunder, but not to exceed February 16, 2024.

Section 2 of the Agreement is hereby amended to add to the Services those services identified in the Proposal attached hereto as Exhibit “A”.

Section 4.01 of the Agreement is hereby amended to increase the maximum compensation under the Agreement as follows: Under the original Agreement, compensation was set at an amount not to exceed Four Hundred Forty-Two Thousand Two Hundred Fourteen Dollars ($442,214).

Per this First Amendment, compensation of Four Hundred Forty-Two Thousand Two Hundred Fourteen Dollars ($442,214) is increased by the maximum amount of Sixty-One

Thousand Eight Hundred Forty-Seven Dollars ($61,847.00) as provided in the Proposal attached hereto as Exhibit “A” resulting in total compensation under the Agreement not to exceed Five Hundred Four Thousand Sixty-One Dollars ($504,061).

The recitals to this Amendment are deemed incorporated herein by this reference. All other terms of the Agreement not expressly amended by this Amendment shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereby have made and executed this Third Amendment to Professional Services Agreement to be effective as of the day and year first above-written.

CITY:

CITY OF BEAUMONT

By: ________________________________
Lloyd White, Mayor

ATTEST

City Clerk

APPROVED AS TO FORM

John Pinkney, City Attorney
CONTRACTOR:

EXP U.S. SERVICES, INC.

By: ______________________________

Print Name: _______________________

Title: _____________________________

EXHIBIT “A”

PROPOSAL DATED OCTOBER 6, 2022

MEMORANDUM
TO: ROBERT VESTAL, P.E. – CITY OF BEAUMONT
FROM: PORTIA GONZALEZ, P.E.

SUBJECT: BEAUMONT MDP LINE 2 STAGE 1 - SCOPE AND FEE CHANGE DATE: OCTOBER 6, 2022
Please find the scope and fee change for updating the Line 2 hydrology study and performing the hydraulic analysis for Berkshire Channel. It is our understanding that the City and Riverside County Flood Control District (RCFCD) propose to design the Line 2 storm drain for the 10-year storm event.

Scope Addition:
· Coordination with RCFCD and City
· Perform Hydrology Study south of I-10 for the Q10 and Q100 ultimate land use conditions.

Sub-area delineations will be prepared and approved by the City and RCFCD prior to developing the hydrology models.
· Prepare Hydrology and Hydraulics Memorandum. The City and RCFCD to provide review comments and EXP will incorporate comments in the Final Hydrology and Hydraulics Study and Memorandum.
· Review existing available drainage reports from Tract 31520 and 31520-1 and evaluate Berkshire Channel Hydraulics for the updated peak flows. The City and RCFCD to provide review comments and EXP to incorporate comments to the Final Hydraulic Study.
· Evaluate Potential Detention Basin Feasibility. Evaluation includes preliminary basin sizing, plans, basin routing calculations, inlet and outlet pipe hydraulics, emergency spillway evaluations.

Should you have any further questions, please feel free to contact me. Thank you.

Project Manager 30 $116.00 $3,480
Senior Project Engineer 4 $115.38 $462
Senior Drainage Engineer 100 $90.00 $9,000
Drainage Engineer 84 $46.64 $3,918
TOTAL 218 $16,859
218

2. INDIRECT COSTS (overhead, G&A - specify)
Fringe
Overhead
G&A

TOTAL INDIRECT

3. TOTAL DIRECT COST AND INDIRECT COSTS (sum of lines 1-2)

4. FIXED FEE OR PROFIT
(specify, applies to line 3 only)

TOTAL FEE

5. OTHER DIRECT COSTS (specify)
ODC's

TOTAL EXP PRICE

6. SUBCONSULTANT FEES
David Evans and Associates (Topo Mapping)
Geocon (Geotechnical)
EPIC Land Solutions (Utilities and Right of Way)
ICF (Regulatory Compliance)
Total Sub-Consultant Fee
City Contingency Funds

TOTAL FEE

DATE SIGNATURE AND TITLE OF AUTHORIZED REPRESENTATIVE OF CONSULTANT 10/6/2022
$0.00
$16,859 $19,223
Name of Firm: EXP U.S. SERVICES
Project: Beaumont MDP Line 2 - Stage 1
COSTX BASE =
114.02%

0.23%
$11,012
INDIRECT RATE (%)
Cost & Price Form
Year 2022-2023

HOURS COST
$16,859
RATE

65.32%
TOTAL DIRECT LABOR (Hours)
$16,859 $39

TOTAL DIRECT LABOR (COST)
Notes and Assumptions: Escalation rates are
not applied. New rates become effective March
31, 2023
$16,859
$0.00
$51,847
$4,713
$30,274

FEE (S)

10.00%$47,133
$47,133
10,000.00$
$4,713
PERCENT X BASE =
$61,847.00
$0
$0.00
$0.00
$0.00
1 of 1Page 177 of 575

EXP U.S. ServicesHourly TasksOctober 6, 2022TASK DESCRIPTION FIRMProject ManagerSenior Project EngineerSenior Drainage EngineerDrainage EngineerTOTAL HOURSPROJECT MANAGEMENT / COORDINATION /ADMINISTRATION1.10MeetingsEXP8 4 121.11Coordination and Progress ReportingEXP4 4SUBTOTAL Task 1 - Project Management 12 4 0 0 16ENGINEERING DEVELOPMENT6a 30% Submittal Package18 0 100 84 2026a.1Line 2 Hydrology StudyEXP8 40 24 726a.bTechnical MemorandumEXP2 12 146a.3Hydraulic Analysis Berkshire Channel and Basin AnalysisEXP8 48 60 116TOTAL30 4 100 84 218Page 178 of 575

Staff Report

TO: City Council
FROM: Doug Story, Community Services Director
DATE November 15, 2022
SUBJECT: Ratification of Purchase of Two City Hall Gymnasium Air Conditioning Units and Associated Electrical Upgrades

Description Emergency purchase in the amount of $37,760.

Background and Analysis:

As part of the Civic Center upgrades, two combination heating and air conditioning units were scheduled to be replaced. The existing units were inoperable resulting in inefficient temperature control of the facility. The original construction schedule called for the units to be replaced following roofing repairs. However, the two units in the gym that were available are housed on the ground and there is no need to wait for roof repairs to be completed.

In obtaining quotes, it was determined that replacement units were immediately available and in stock, ready for installation. Several contractors expressed a delay in the supply of AC units and were unable to provide units in a timely manner. Many of the AC units needed for the City Hall project are on back order and have significant production periods. Due to immediate availability, it was decided to move forward with Burgeson Heating and Air, Inc., and replace the AC units in preparation for large meetings and events that are scheduled for the gym at City Hall. Since the units are ground mounted on existing concrete pads, this project was able to move forward ahead of schedule and avoid future product delivery delays.

Fiscal Impact:

The cost of the installation is $37,760. The purchase and installation will be paid through the Facilities Internal Services Fund. The estimated cost to prepare this report is $175.

Recommended Action:

Ratify the costs associated with the installation of new circuit breakers and heating and air conditioning units at the Civic Center in the amount of $37,760 payable to Burgeson Heating and Air Inc.

Attachments:

A. Invoice No. 1347866 from Burgeson’s for installation of one 7.5-ton combination heating & air conditioning unit and one 4 ton combination heating & air conditioning unit with WiFi programmable thermostats.

B. Invoice No. 1348403 from Burgeson’s for installation of a new 60-amp 3 phase panel.

Burgeson's Heating and Air
Conditioning, Inc
620 Tennessee Street
P.O. Box 7310
Redlands, CA 92375
10/13/2022
Date
1347866
Number
Invoice
City Of Beaumont
Elizabeth
550 E. 6th Street
Beaumont, CA 92223
Bill To Address:

City Of Beaumont
Elizabeth
550 E. 6th Street
Beaumont, CA 92223
Work\Ship Address:

Agreement #PO #
Due Upon Receipt
Terms
10/13/2022
Due Date
KEVIN W. BURGESON
Sales Rep WO #
Item Description Amount
Job Estimate Job Estimate $35,485.00
Installed new Carrier 7.5 Ton combination heating & air conditioning unit on the existing concrete pad and connected to the existing supply and return duct systems with exposed, custom sheet metal fittings.

Carrier Model # 48FCDM08A2A5-0A0A0 Serial # 3622P62520
Installed new Day & Night 4 Ton combination heating & air conditioning unit on the existing concrete pad and connected to the existing supply and return duct systems with exposed, custom sheet metal fittings.

Day & Night Model # PGD448090H002G Serial # F223449003
Install two new Pelican Wifi Programmable Thermostats.

The equipment is covered by 1-Year Labor, 1-Year Parts, 5-Year Compressor and 10-Year Heat Exchanger warranties.

Job Complete Date 10/13/22
We Thank You For Your Business.

ContracT Amount $35,485.00
Total Due $35,485.00
Your Comfort Is Our Business.
$0.00Sales Tax
$35,485.00Total
$35,485.00Balance Due
909-792-2222
Phone #
909-792-2149
Fax #E-mail

Burgeson's Heating and Air
Conditioning, Inc
620 Tennessee Street
P.O. Box 7310
Redlands, CA 92375
10/17/2022
Date
1348403
Number
Invoice
City Of Beaumont
Elizabeth
550 E. 6th Street
Beaumont, CA 92223
Bill To Address:

City Of Beaumont
Elizabeth
550 E. 6th Street
Beaumont, CA 92223
Work\Ship Address:

Agreement #PO #
Due Upon Receipt
Terms
10/17/2022
Due Date
Anthony Orozco
Sales Rep
275153
WO #
Item Description Amount
Diagnostic Diagnostic $0.00
Repair Service Repair $2,275.00
install a new 60 amp rated 3 phase bolt-on circuit breaker -To supply and install a new 60 amp rated 3 phase bolt-on circuit breaker in existing electrical panel to supply power for existing exterior disconnect. (branch circuit wiring supplying disconnect is existing). An existing single pole 20-amp circuit will be relocated into nearby panel to allow space for the new 3 phase breaker in this panel (due to limited space in). Circuit wiring for this 20-amp circuit will be relocated in accessible crawl space using electrical conduit. All electrical connections will be tested for proper voltage. (All work includes a 1-year labor and Materials warranty) - hold all day
Technician Anthony
Installed a 60amp 3pole breaker and relocated a 20amp circuit to another panel to make room for the 60amp 3 pole breaker.

For the 60amp 3pole breaker there was an existing 30amp 2pole breaker I removed that and added the 60amp, on the 30amp breaker the wiring was ran for a 2-pole breaker with 2 hots and a neutral, the new AC unit that was being installed needs a 3phase disconnect so I used the neutral as another phase for the disconnect.

I had removed a circuit from where the 60amp breaker was being installed to make room for the new breaker. And had to go under the building through the crawl space to relocate the 20amp circuit to another nearby panel. The existing MC cable wasn't long enough so I had to add a junction box and splice in there and run another 5ft of MC cable to another junction box and from there was an existing spare 1/2" EMT going up into the panel, so I ran some #12 THHN from the junction box through the EMT up into the panel and added it do a existing spare breaker that was labeled #19 on the panel. After breakers were installed, I Your Comfort Is Our Business.
$0.00Sales Tax
$2,275.00Total
$2,275.00Balance Due
909-792-2222
Phone #
909-792-2149
Fax #E-mail

Burgeson's Heating and Air
Conditioning, Inc
620 Tennessee Street
P.O. Box 7310
Redlands, CA 92375
10/17/2022
Date
1348403
Number
Invoice
City Of Beaumont
Elizabeth
550 E. 6th Street
Beaumont, CA 92223
Bill To Address:

City Of Beaumont
Elizabeth
550 E. 6th Street
Beaumont, CA 92223
Work\Ship Address:

Agreement #PO #
Due Upon Receipt
Terms
10/17/2022
Due Date
Anthony Orozco
Sales Rep
275153
WO #
Item Description Amount
tested the voltage and was receiving 120volts with no issues.

We thank you for your business.

By Tasha on 10/18/2022 at 8:09:44 AM: Brad supplied braker Your Comfort Is Our Business.
$0.00Sales Tax
$2,275.00Total
$2,275.00Balance Due
909-792-2222
Phone #
909-792-2149
Fax #E-mail

Staff Report

TO: City Council
FROM: Jeff Hart, Director of Public Works
DATE November 15, 2022
SUBJECT: Authorization for a Letter of Credit for Mitigation Bank Credits Associated with CIP 2017-009 Pennsylvania Avenue Widening

Description Authorize City staff to execute a letter of credit in an amount not to exceed $96,000 for future purchase of mitigation bank credits associated with CIP 2017 -009 Pennsylvania Avenue Widening.

Background and Analysis:

On August 17, 2022, City Council adopted the Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) for the Pennsylvania Avenue Widening Project. The MMRP identifies various mitigation measures required to ensure that the Pennsylvania Avenue Widening Project complies with all applicable environmental mitigation requirements identified in the IS/MND (see Attachment A).

One of the mitigation measures, BIO-2, requires the City to offset permanent impacts to

0.1-acres of riverine resources by purchasing 0.1 acres of re-establishment credits and

0.1 acres of re-habilitation credits from the Riverpark Mitigation Bank located within the San Jacinto watershed. The City estimates a cost of $80,000 for the required 0.2 acres of credits based on the current cost of $400,000 per acre for the current phase (A) of Riverpark Mitigation Bank credits; however, there are no available credits remaining in the current phase. The management of the Riverpark Mitigation Bank has stated that the next phase (B) of credits may not be released until the end of this year, and phase C will be in March of 2023. The cost of the next phase of credits is unknown at this time but is not expected to exceed 120% of the current phase cost.

As an alternative to purchasing credits prior to the start of construction, the California Department of Fish and Wildlife (CDFW) allows the deferred purchase of credits by accepting security in the form of a Letter of Credit (LOC). The LOC template is included as Attachment B for reference.

In order to prevent a construction delay, City staff is seeking City Council approval to request a LOC prior to final approval from CDFW. CDFW has not yet approved the City’s request to provide a LOC in lieu of purchased credits prior to construction of this project, however they did recently approve a letter of credit for the Fire Station 106 project that is awaiting credits from the same mitigation bank. It is anticipated that the LOC amount will not exceed $96,000, which is 120% of the current phase estimate.

Fiscal Impact:

Project funding is based on the approved five-year Capital Improvement Plan. An amount not to exceed $96,000 will be paid from the permit budget. The following is a summary of the funding and budget:

2017-009 Pennsylvania Avenue Widening Project Accounting Summary Funding Summary
Funding Year Funding Source Amount
FY 17/18 Road & Bridge DIF $650,000.00
FY 17/18 Grant $24,600.00
FY 19/20 TUMF $3,368,000.00
FY 22/23 2022 Appropriation Bill $1,300,000.00
FY22/23 General Fund $4,000,000.00
FY22/23 Road & Bridge DIF $1,200,000.00
Total Project Funding = $10,542,600.00
Budget Summary
Project Component Budget Encumbered Paid to Date Remaining Budget
Project Management $22,540.00 ($22,537.44) ($22,537.44) $2.56 Preliminary Services $0.00 $0.00 $0.00 $0.00
Environmental $164,026.00 ($164,026.00) ($159,189.35) $0.00 Design $679,396.00 ($679,396.00) ($420,276.52) $0.00
Construction $9,285,268.00 ($9,285,268.00) ($173,000.00) $0.00 Construction Services $60,000.00 $0.00 $0.00 $60,000.00 Permits $331,370.00 ($33,165.00) ($29,716.51) $298,205.00 Equipment $0.00 $0.00 $0.00 $0.00
Project Summary Totals $10,542,600.00 ($10,184,392.44) ($804,719.82) $358,207.56

Recommended Action:

Authorize City staff to execute a letter of credit in an amount not to exceed $96,000 for future purchase of mitigation bank credits associated with CIP 2017 -009 Pennsylvania Avenue Widening.

Attachments:

A. Mitigation Monitoring and Reporting Program
B. Letter of Credit Template

Pennsylvania Avenue Widening Project
City of Beaumont Page A- 1
Mitigation Monitoring and Reporting Program (MMRP)
Mitigation/Avoidance Measure Method(s) of
Verification
Timing of
Verification
Monitoring
Responsibility
Verification
(Date/Initials)
and Remarks
Biological Resources
BIO-1 Prior to issuance of a grading permit, the applicant shall perform a preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, no additional measures are required. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the Lead Agency and/or appropriate agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist. This measure may be modified as necessary to meet conditions of any required regulatory permits.

Biologist
compliance
documentation
Prior to issuance
of grading permit.

Preconstruction
survey within 30
days prior to
ground
disturbance.

Monitoring during
construction, if
needed.

City oversight
of Contractor
/ Contractor
Biologist

BIO-2 Prior to work within riparian/riverine or other jurisdictional waters, the City shall obtain all required regulatory agency permits and approvals. If temporary and/or permanent impacts to riparian/riverine habitat cannot be avoided, a Determination of Biologically Equivalent or Superior Preservation (DBESP) shall be prepared pursuant to the Wildlife Agencies’ requirements. The DBESP shall be submitted to the Wildlife Agencies for a 60-day review and response period. The City shall maintain a written record of determinations that shall be included in any required annual reporting documentation.

The City or City’s consultant shall also initiate the required pre-application requirements with the applicable regulatory agencies and obtain all required permits. Mitigation for impacts to riparian/riverine resources and jurisdictional waters shall either be completed through applicant sponsored mitigation, purchase of mitigation credits, or payment of in lieu fees to an agency approved entity or mitigation bank. A minimum replacement ratio of 1:1 shall be required for all permanent impacts. This measure may be modified as necessary to meet conditions of any required regulatory permits.

Regulatory
permits and/or
approvals
Prior to and during
construction
within
jurisdictional
waters. Permit
compliance close-
out post
construction.

City / City
Biologist,
Environmental
Consultant
and/or
Contractor

Pennsylvania Avenue Widening Project
City of Beaumont Page A- 2
Mitigation Monitoring and Reporting Program (MMRP)
Mitigation/Avoidance Measure Method(s) of
Verification
Timing of
Verification
Monitoring
Responsibility
Verification
(Date/Initials)
and Remarks
BIO-3 Bird nesting season generally extends from February 1 through September 15 in southern California and specifically, April 15 through August 31 for migratory passerine birds. In general, Projects should be constructed outside of this time to avoid impacts to nesting birds. If the Project cannot be constructed outside of nesting season, the project site shall be surveyed for nesting birds by a qualified avian biologist within five (5) days prior to initiating the construction activities. If active nests are found during the pre-construction nesting bird surveys, a Nesting Bird Plan will be prepared and implemented which at a minimum will include guidelines for addressing active nests, establishing buffers, monitoring, and reporting. The Nesting Bird Plan will include a copy of maps showing the location of all nests and an appropriate buffer zone around each nest sufficient to protect the nest from direct and indirect impact. The size and location of all buffer zones, if required, shall be determined by the biologist, and shall be based on the nesting species, its sensitivity to disturbance, and expected types of disturbance. The nests and buffer zones shall be field checked weekly by a qualified biological monitor. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall commence until the qualified biologist has determined the young birds have successfully fledged and a monitoring report has been submitted reviewed and approved by the City of Beaumont. This measure may be modified as necessary to meet conditions of any required regulatory permits.

Biologist
compliance
documentation
Prior to and
potentially during
construction
within applicable
work window
City oversight
of Contractor
/ Contractor
Biologist

Cultural Resources
CUL-1 Archeological Resources. Prior to issuance of a grading permit or construction permit (requiring earthwork), the City shall verify that the name and contact information of an on-call archeological monitor meeting Secretary of Interior standards is included in the resident engineer file or on the construction plans along with the following note: “In the event that an archeological cultural resource or Native American cultural resource is discovered during project activities, all earthwork within a 50-foot buffer shall cease and the qualified archaeologist shall be notified immediately to assess the find.

Work on other portions of the project outside of the buffer area may continue during this assessment period. If the resource is determined by the archeologist to not be Native American, the archeologist shall make recommendations to the Lead Agency on the measures that shall be implemented to protect the discovered resource(s). In accordance with Section 15064.5 of the CEQA Guidelines, such measures may include but are not City
documentation
of on-call
archeologist.

Additional
documentation
only in event of
discovery
Prior to ground
disturbance and
during
construction
City oversight
of Contractor
/ Contractor
Archeologist

Pennsylvania Avenue Widening Project
City of Beaumont Page A- 3
Mitigation Monitoring and Reporting Program (MMRP)
Mitigation/Avoidance Measure Method(s) of
Verification
Timing of
Verification
Monitoring
Responsibility
Verification
(Date/Initials)
and Remarks
limited to avoidance, excavation of the finds, collection, evaluation of the materials, additional testing, relocation, and curation. If the resource is determined by the archeologist to be Native American, the San Manuel Band of Mission Indians will be contacted, provided information about the resource, and be permitted/invited to perform a site visit when the archaeologist makes their assessment, so as to provide Tribal input.

Geology and Soils
GEO-1 A paleontological resource impact mitigation program in accordance with the provisions of CEQA and proposed guidelines of the Society of Vertebrate Paleontology shall be implemented as follows:

1. All earth-moving operations reaching beyond the disturbed surface soils, generally five to six feet in depth within the existing roadbed and two to three feet in depth elsewhere, shall be monitored by a qualified paleontological monitor. The monitor shall be prepared to quickly salvage fossils as they are unearthed to avoid construction delays and shall collect samples of sediments that are likely to contain fossil remains of small vertebrates or invertebrates. The monitor shall have the power to temporarily halt or divert grading and excavator equipment to allow for the removal of abundant or large specimens.

2. Collected samples of sediment shall be processed to recover small fossils, and all recovered specimens shall be identified and curated at a repository with permanent retrievable storage.

3. A report of findings, including an itemized inventory of recovered specimens, shall be prepared upon completion of the procedures outlined above. The report shall include a discussion of the significance of the paleontological findings, if any. The report and the inventory, when submitted to the City of Beaumont, will signify completion of the program to mitigate potential impacts on paleontological resources.

City
documentation
of designated
paleontologist.

Paleontologist
report or other
documentation
Prior to ground
disturbance and
during
construction
City oversight
of Contractor
/ Contractor
Paleontologist

Hazards and Hazardous Materials
HAZ-1 Soils Management. Subsurface soil sampling shall be conducted for pollutants prior to ground disturbance in unpaved areas within Union Pacific Railroad (UPRR) right-of-way and within unpaved areas along Pennsylvania Avenue between the I- 10 eastbound on-ramp and East 6th Street. UPRR areas shall be tested for heavy metals, Contractor
Agreement/
Specifications.

Testing results
Prior to ground
disturbance and
post soil reuse or
disposal during
City /
Contractor

Pennsylvania Avenue Widening Project
City of Beaumont Page A- 4
Mitigation Monitoring and Reporting Program (MMRP)
Mitigation/Avoidance Measure Method(s) of
Verification
Timing of
Verification
Monitoring
Responsibility
Verification
(Date/Initials)
and Remarks
petroleum hydrocarbons, and polynuclear aromatic hydrocarbons. Pennsylvania Avenue areas shall be tested for Aerially Deposited Lead (ADL). If pollutant concentrations are detected below federal and state thresholds, no additional measures are required. If pollutant concentrations are detected above federal or state thresholds, additional measures shall be implemented to safely reuse the soils onsite, or if pollutant levels do not allow for re-use, to safely transport and dispose of offsite pursuant to applicable health and safety regulations. Alternatively, soils in the above mentioned locations that are not tested shall be treated as hazardous waste and removed and disposed of offsite pursuant to applicable health and safety regulations.
and/or disposal
receipts
construction
HAZ-2 Yellow Striping. Yellow striping that will be removed within the Project site shall be tested and removed in accordance with Construction Program Procedure Bulletin 99-2 (Caltrans 2006). Alternatively, yellow striping that is not tested prior to removal shall be treated as hazardous waste and removed in accordance with Construction Program Procedure Bulletin 99-2 (Caltrans 2006).

Contractor
Agreement/
Specifications.

Testing results
and/or disposal
receipts
Prior to removal of
yellow striping
during
construction
City /
Contractor

Noise
NOI-1 The City shall implement a construction notification plan described herein to keep nearby occupants informed of the Project’s construction schedule. Prior to construction activities and within 2 weeks following award and execution of the construction contract, the Contractor shall provide the City with a construction schedule that identifies: (1) start date of construction, (2) anticipated weekly work zones by the estimated date shown on an aerial map (or plan sheet overview), (3) estimated construction completion date and (4) website address for accessing the construction schedule on-line. The construction contractor shall update the schedule at least every two weeks and provide the City's schedule by the following day for posting on the City's website.

Contractor
Agreement/
Specifications
and Contractor
work log
Prior to and during
construction
City oversight
of Contractor

NOI-2 All construction equipment, stationary and mobile, shall be equipped with properly operating and maintained muffling devices, intake silencers, and engine shrouds no less effective than as initially equipped by the manufacturer. The Contractor shall be required to document compliance in a written and signed statement provided to the City.

Contractor
Agreement/
Specifications
and Contractor
work log
Prior to and during
construction
City /
Contractor

Pennsylvania Avenue Widening Project
City of Beaumont Page A- 5
Mitigation Monitoring and Reporting Program (MMRP)
Mitigation/Avoidance Measure Method(s) of
Verification
Timing of
Verification
Monitoring
Responsibility
Verification
(Date/Initials)
and Remarks
NOI-3 The construction contractor shall adequately maintain and tune all construction equipment to minimize noise emissions. The Contractor shall be required to document compliance in a weekly construction log or weekly email provided to the City.

Contractor
Agreement/
Specifications
and Contractor
work log
Prior to and during
construction
City /
Contractor

NOI-4 The construction contractor shall post a contact name and telephone number of the owner’s authorized representative on-site.

Contractor
Agreement/
Specifications
and Contractor
work log
Prior to and during
construction
City /
Contractor

NOI-5 Noise-reducing paving materials, such as open-grade or rubberized asphalt, shall be used within the Project limits to reduce permanent traffic noise.

Compliance shall be documented by one or more of the following: (1) required materials noted on the construction plans; (2) required materials noted in the specifications; (3) required materials noted in the construction contract; and/or (4) other comparable form of documentation acceptable to the City engineer.

Construction
Plans,
Specifications,
Contract,
and/or other
Prior to and/or
during
construction
City oversight
of Contractor

LOC Template for CESA Security - No Reduction
Rev. 1/26/21

[Financial institution letterhead]

IRREVOCABLE STANDBY LETTER OF CREDIT
NO. [number issued by financial institution]

Issue Date: [date]

Beneficiary:

California Department of Fish and Wildlife
Habitat Conservation Planning Branch
Post Office Box 944209
Sacramento, CA 94244-2090
Attn: HCPB Contract Coordinator

Amount: U.S. $[dollar number] [(dollar amount)]

Expiry: [Date] at our counters

Dear Sirs:

1. At the request and on the instruction of our customer, [name of applicant] (“Applicant”), we, [name of financial institution] (“Issuer”), hereby establish in favor of the beneficiary, the California Department of Fish and Wildlife (“CDFW ”), this irrevocable standby letter of credit (“Credit”) in the principal sum of U.S. $[dollar number] [(dollar amount)] (“Principal Sum”).

2. We are informed this Credit is and has been established for the benefit of CDFW pursuant to the terms of the incidental take permit for the [name of project] issued by CDFW to the Applicant on [date] (No. [number]) (“Permit”).

3. We are further informed that pursuant to the Permit, the Applicant has agreed to complete certain mitigation requirements, as set forth in Conditions [numbers] in the Permit (“Mitigation Requirements”).

4. We are finally informed that this Credit is intended by CDFW and the Applicant to serve as a security device for the performance by the Applicant of the Mitigation Requirements.

5. CDFW shall be entitled to draw upon this Credit only by presentation of a duly executed Certificate for Drawing (“Certificate”) in the same form as Attachment A,

LOC Template for CESA Security - No Reduction
Rev. 1/26/21

which is attached hereto, at our office located at [name and address of financial institution].

6. The Certificate shall be completed and signed by an “Authorized Representative” of CDFW as defined in paragraph 12 below. Presentation by CDFW of a completed Certificate may be made in person or by registered mail, return receipt requested, or by overnight courier.

7. Upon presentation of a duly executed Certificate as above provided, payment shall be made to CDFW , or to the account of CDFW , in immediately available funds, as CDFW shall specify.

8. If a demand for payment does not conform to the terms and conditions of this Credit, we shall give CDFW prompt notice that the demand for payment was not effected in accordance with the terms and conditions of this Credit, state the reasons therefore, and await further instruction.

9. Upon being notified that the demand for payment was not effected in conformity with the Credit, CDFW may correct any such non-conforming demand for payment under the terms and conditions stated herein.

10. All drawings under this Credit shall be paid with our funds. Each drawing honored by us hereunder shall reduce, pro tanto, the Principal Sum. By paying to CDFW an amount demanded in accordance herewith, we make no representations as to the correctness of the amount demanded.

11. This Credit will be cancelled upon receipt by us of Certificate of Cancellation , which: (i) shall be in the form of Attachment B, which is attached hereto, and (ii) shall be completed and signed by an Authorized Representative of CDFW , as defined in paragraph 12 below.

12. An “Authorized Representative” shall mean the Director of CDFW ; the General Counsel of CDFW ; a Regional Manager of CDFW ; or the Branch Chief of CDFW’s Habitat Conservation Planning Branch.

13. This Credit shall be automatically extended without amendment for additional periods of one year from the present or any future expiration date hereof, unless at least sixty (60) days prior to any such date, we notify CDFW in writing by registered mail, return receipt requested, or by overnight courier that we elect not to consider this Credit extended for any such period.

14. Communications with respect to this Credit shall be in writing and addressed to us at [name and address of financial institution], specifically referring upon such writing to this credit by number. The address for notices with respect to this Credit shall be: (i) for CDFW : Department of Fish and Wildlife, Habitat

LOC Template for CESA Security - No Reduction
Rev. 1/26/21

Conservation Planning Branch, Post Office Box 944209, Sacramento, CA 94244- 2090, Attn: HCPB Contract Coordinator; and (ii) for the Applicant: [name and address of applicant].

15. This Credit may not be transferred.

16. This Credit is subject to the International Standby Practices 1998 (“ISP 98”). As to matters not covered by the ISP 98 and to the extent not inconsistent with the ISP 98, this credit shall be governed by and construed in accordance with the Uniform Commercial Code, Article 5 of the State of California.

17. This Credit shall, if not canceled, expire on [expiration date], or any extended expiration date.

18. We hereby agree with CDFW that documents presented in compliance with the terms of this Credit will be duly honored upon presentation, as specified herein.

19. This Credit sets forth in full the terms of our undertaking. Such undertaking shall not in any way be modified, amended or amplified by reference to any document or instrument referred to herein or in which this Credit is referred to or to which this Credit relates and any such reference shall not be deemed to incorporate herein by reference any document or instrument.
[Name of financial institution]

By: _____________________________
Name: ___________________________
Title: ____________________________
Telephone: __________________________

LOC Template for CESA Security - No Reduction
Rev. 1/26/21

ATTACHMENT A

IRREVOCABLE STANDBY LETTER OF CREDIT NO. [number issued by financial institution]

CERTIFICATE FOR DRAWING

To:
[Name and address of financial institution]

Re: [Insert: “Lake” or “Streambed”] Alteration Agreement (No. [permit number])

The undersigned, a duly Authorized Representative of the California Department of Fish and Wildlife (“CDFW ”), as defined in paragraph 12 in the above-referenced Irrevocable Standby Letter of Credit (“Credit”), hereby certifies to the Issuer that:

1. [Insert one of the following statements: “In the opinion of CDFW , the Applicant has failed to complete the Mitigation Requirements referenced in paragraph 3 of the Credit.” or “As set forth in paragraph 13, the Issuer has informed CDFW that the Credit will not be extended and the Applicant has not provided CDFW with an equivalent security approved by CDFW to replace the Credit.”]

2. The undersigned is authorized under the terms of the Credit to present this Certificate as the sole means of demanding payment on the Credit.

3. CDFW is therefore making a drawing under the Credit in amount of U.S. $_____________.

4. The amount demanded does not exceed the Principal Sum of the Credit.

Therefore, CDFW has executed and delivered this Certificate as of the ___day of [month], [year].

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

BY: ___________________________________________
[Insert one of the following: “DIRECTOR” or “GENERAL COUNSEL” or “REGIONAL MANAGER, [NAME OF REGIONAL OFFICE]” or “BRANCH CHIEF, HABITAT CONSERVATION PLANNING BRANCH”]

LOC Template for CESA Security - No Reduction
Rev. 1/26/21

ATTACHMENT B

IRREVOCABLE LETTER OF CREDIT NO. [number issued by financial institution]

CERTIFICATE FOR CANCELLATION

To:

[Name of financial institution and address]
Re: [Insert: “Lake” or “Streambed”] Alteration Agreement (No. [permit number])

The undersigned, a duly Authorized Representative of the California Department of Fish and Wildlife (“CDFW ”), as defined in the paragraph 12 in the above-referenced Irrevocable Standby Letter of Credit (“Credit”), hereby certifies to the Issuer that:

1. [Insert one of the following statements: “The Applicant has presented documentary evidence of full compliance with the Mitigation Requirements referenced in paragraph 3 of the Credit.” or “The Applicant has provided CDFW with an equivalent security approved by CDFW to replace the Credit.”]

2. CDFW therefore requests the cancellation of the Credit.

Therefore, CDFW has executed and delivered this Certificate for Cancellation as of the ____ day of [month], [year].

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

BY: ___________________________________________
[Insert one of the following: “DIRECTOR” or “GENERAL COUNSEL” or “REGIONAL MANAGER, [NAME OF REGIONAL OFFICE]” or “BRANCH CHIEF, HABITAT CONSERVATION PLANNING BRANCH”]

Staff Report

TO: City Council
FROM: Sara Retmier, Chief Building Official
Christina Taylor, Deputy City Manager
DATE November 15, 2022
SUBJECT: Public Hearing to Consider an Ordinance Amending Chapter 15 of the Beaumont Municipal Code

Description Adoption of the 2022 California Building Standards Code (California Code of Regulations – Title 24)
Background and Analysis:

Every three (3) years, the State of California (“State”) adopts the latest edition of the California Building Standards Code (California Code of Regulations Title 24) (“Codes”) to establish uniform standards for the construction and maintenance of buildings, electrical systems, plumbing systems, mechanical systems, and fire and life safety systems. The 2022 edition of the Codes was adopted by the California Building Standards Commission and published on July 1, 20 22. Sections 17958, and 18941.5 of the California Health and Safety Code (“HSC”), require that the latest edition of the Codes apply to local construction 180 days after publication. Therefore, State law requires that the Codes become effective at the local level on January 1, 202 3.

Prior to the adoption and enforcement of the Codes at the local level, State law does permit local jurisdictions to amend the Codes in certain circumstances. Pursuant to Sections 17958.5 and 17958.7 of the HSC, such local amendments can only be enacted when an express finding and determination is made that such local amendments are reasonably necessary because of local climatic , geological, or topographical conditions that affect the jurisdiction. California Building Standards Law permits local amendments that are reasonably necessary p rovided it is a more restrictive building standard. State Housing Law permits local amendments that are necessary provided it is equivalent or a more restrictive building standard. Local amendments that are necessary for administrative clarification and do not modify Building Standards as defined in Section 18909(c) of the HSC can be enacted without the required express findings.

The Codes that are to be adopted by the State and amended by the City of Beaumont include the following Parts:

 2022 California Building Code (Part 2); including Chapter 1, Division II, Scope and Administration and Appendix J – Grading
 2022 California Historical Building Code (Part 8)
 2022 California Electrical Code (Part 3)
 2022 California Existing Building Code (Part 10)
 2022 California Residential Code (Part 2.5); including Chapter 1, Division II, Scope and Administration, and Appendix AX – Swimming Pool Safety Act  2022 California Plumbing Code (Part 5)
 2022 California Mechanical Code (Part 4)
 2022 California Energy Code (Part 6)
 2022 California Green Building Standards (Part 11)

Staff is recommending local administrative amendments to establish provisions for the effective enforcement of the Building and Construction code of the City; and are a continuation of previously adopted amendments from prior code adoption cycles.

Furthermore, many of these proposed amendments are consistent with those adopted by other local jurisdictions. The proposed amendments are for administrative and procedural clarification and do not modify a building standard; therefore, are enacted without the required express findings.

Fiscal Impact:

Cost of preparing this staff report, ordinance and legal review is estimated to be $3,000.

Recommended Action:

Hold a Public Hearing, and
Waive the full reading and approve the first reading by title only “An Ordinance of The City Council of The City of Beaumont, California, Approving the Adoption of the 2022 Edition of the California Building Standards Code, (California Code of Regulations, Title 24), Parts 2, 2.5, 3, 4, 5, 6, 8, 10 and 11 with Amendments and Amending Portions of Chapter 15 ‘Buildings and Construction’ of the Beaumont Municipal Code.” Attachments:

A. Ordinance

1 ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, APPROVING THE ADOPTION OF THE 2022 EDITION OF THE

CALIFORNIA BUILDING STANDARDS CODE, (CALIFORNIA CODE OF REGULATIONS, TITLE 24), PARTS 2, 2.5, 3, 4, 5, 6, 8, 10 AND 11 WITH AMENDMENTS AND AMENDING PORTIONS OF CHAPTER 15 “BUILDINGS AND
CONSTRUCTION,” OF 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. Findings. The City Council hereby finds that the proposed amendments to the 2022 edition of the California Building Standards Code, (California Code of Regulations, Title 24), Parts 2, 2.5, including appendix AX, 3, 4, 5, 6, 8, 10 and 11 are necessary for administrative or procedural clarification and to establish administrative standards for the effective enforcement of the Building and Construction Code of the City of Beaumont and do not modify a building standard pursuant to California Health & Safety Code Section 17958, 17958.7, and/or 18941.5.

2 SECTION 5. The City Council hereby amends Title 15.04, entitled “Building Code” to the Beaumont Municipal Code, to read as:

Chapter 15.04

BUILDING CODE

Sections:

15.04.010 Adoption of 2022 California Building Code

15.04.020 Amendments to the 2022 California Building Code

15.04.030 Violation--Penalty

15.04.010 Adoption of 2022 California Building Code. Except as otherwise provided in this Chapter, the California Building Code, Title 24, California Code of Regulations, Part 2, Volumes 1 and 2, including Chapter 1, Division II - Scope and Administration, and Appendix J - Grading, including any and all amendments set forth in this chapter, and including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Building Code.

15.04.020 Amendments to the 2022 California Building Code. The 2022 California Building Code is amended in part as follows:

101.1 Title. These regulations shall be known as the Building Code of the City of Beaumont, hereinafter referred to as “this code.”

103.1 Creation of enforcement agency. The Building & Safety Department is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.

105.3.2 Time limitation of application. Applications for which no permit is issued within 12 months following the date of filing of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may grant one or more extensions for a period not exceeding 180 days each. The building official shall not grant any extension of an application after the 202 5 California Code of Regulations, Title 24 has been adopted. The extension shall be requested in writing and justifiable cause demonstrated showing that circumstances beyond the control of the applicant which has prevented action from being taken and must be accompanied with the permit extension request fee in accordance with the fee schedule adopted by the City of Beaumont. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of

3 time, for periods not more than 180 days each. The building official shall not grant any extension of a permit after the 2025 California Code of Regulations, Title 24 has been adopted. The extension shall be requested in writing and justifiable cause demonstrated and be accompanied by a permit extension fee in accordance with the fee schedule adopted by the jurisdiction.

109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

The following fees, the amount of which shall be established from time-to-time by action of the City Council, shall be collected prior to the issuance of a permit:

A. Plan Check Fees and Deposits.

B. Permit Fees.

C. Re-inspection Fees.

D. Special Inspection Fees

F. Investigation Fees

When submittal documents are required, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. The plan review fees specified are separate fees from and are in addition to the permit fees. When submittal documents are incomplete or changed to require additional plan review or when the project involves deferred submittal items, an additional plan review fee shall be charged at the rate established by the Building Official.

109.2 Schedule of permit fees. Where a permit is required, a fee for each permit shall be paid as required, in accordance with the schedule of fees established by the City of Beaumont fee schedule.

109.4 Work commencing before permit issuance. Whenever any work for which a permit is required by this code has been commenced on a building, structure, electrical, gas, mechanical or plumbing system, a special investigation shall be made before a permit may be issued for such work. The cost of the special investigation shall be equal to the permit fee for the proposed work.

An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work or which inspection is called is not complete or when corrections called for are not made.

It is not the intent to require re-inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before

4 the job is ready for such inspection or re-inspection. Re-inspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. To obtain a re-inspection, the applicant shall pay the re-inspection fee in accordance with the fee schedule adopted by the jurisdiction. In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

109.6 Refunds. The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected.

The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.

The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit or which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.

The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment.

111.3 Temporary occupancy. This section is deleted in its entirety.

Section 202 – Definitions

BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. Where relevant to grading, drainage and soil investigation, Building Official shall also mean and include City Engineer/Director of Public Works or his/her designee.

J109.4 Drainage across property lines. All graded lots shall drain to the street or publicly maintained facility. Cross lot drainage may be allowed at the sole discretion of the City Engineer/Director of Public Works. Drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be contained onsite or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by the installation of nonerosive down drains or other devices acceptable to the City Engineer.

J110.1 General. The faces of cut and fill slopes and graded surfaces shall be prepared and maintained to control erosion. This control shall be permitted to consist of effective planting and other practicable means.

15.04.030 – Violation –Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Building Code is an infraction.

5 SECTION 6. The City Council hereby amends Title 15.11, entitled “Historical Building Code” to the Beaumont Municipal Code, to read as:

Chapter 15.11

HISTORICAL BUILDING CODE

Sections:

15.11.010 Adoption of California 2022 Historical Building Code

15.11.020 Violation--Penalty

15.11.010 Adoption of 2022 California Historical Building Code. Except as otherwise provided in this Chapter, the California Historical Building Code, Title 24, California Code of Regulations, Part 8, including any and all amendments set forth in this chapter, and including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Historical Building Code.

15.12.020 Violation--Penalty
Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Historical Building Code is an infraction.

SECTION 7. The City Council hereby amends Title 15.12, entitled “Electrical Code” to the Beaumont Municipal Code, to read as:

Chapter 15.12

ELECTRICAL CODE

Sections:

15.12.010 Adoption of California 2022 Electrical Code

15.12.020 Amendments to the 2022 California Electrical Code

15.12.030 Violation--Penalty

15.12.010 Adoption of 2022 California Electrical Code. Except as otherwise provided in this Chapter, the California Electrical Code, Title 24, California Code of Regulations, Part 3, including any and all amendments set forth in this chapter, and including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Electrical Code.

15.12.020 Amendments to the 2022 California Electrical Code. The 2022 California Electrical Code is amended in part as follows:

89.108.4.2 Payment of fees. Shall be pursuant to Beaumont Municipal Code Chapter 15.04; Section 15.04.020; Item 109.1 Payment of Fees.

6 89.108.4.2.1 Schedule of permit fees. Shall be pursuant to Beaumont Municipal Code Chapter

15.04; Section 15.04.020; Item 109.2 Schedule of Permit Fees.

89.108.4.2.2 Work commencing before permit issuance. Shall be pursuant to Beaumont Municipal Code Chapter 15.04; Section 15.04.020; Item 109.4 Work commencing before permit issuance.

89.108.4.2.3 Related fees. Shall be pursuant to Beaumont Municipal Code Chapter 15.04; Section

15.04.020; Item 109.5 Related fees.

89.108.4.2.4 Refunds. Shall be pursuant to Beaumont Municipal Code Chapter 15.04; Section

15.04.020 Item 109.6 Refunds.

89.108.4.3 Plan Review and Time limitation of application. Shall be pursuant to Beaumont Municipal Code Chapter 15.04; Section 15.04.020; Item 105.3.2 Time limitation of application.

89.108.4.3.2 Permit Expiration. Shall be pursuant to Beaumont Municipal Code Chapter 15.04; Section 15.04.020; Item 105.5 Expiration.

15.12.030 Violation--Penalty
A. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Electrical Code is an infraction.

B. It shall be a violation of this Chapter, punishable as an infraction, for any person, firm or corporation to make connection from a source of electrical energy to an installation for which a permit is required, unless such person, firm or corporation has obtained a certificate of approv al from the building inspector that such wiring devices. Appliances or equipment are in conformity with all the requirements of this code.

SECTION 8. The City Council hereby amends Title 15.13, entitled “California Existing Building Code” to the Beaumont Municipal Code, to read as:

Chapter 15.13

CALIFORNIA EXISTING BUILDING CODE

Sections:

15.13.010 Adoption of California 2022 Existing Building Code

15.13.020 Violation--Penalty

15.13.010 Adoption of 2022 California Existing Building Code. Except as otherwise provided in this Chapter, the California Existing Building Code, Title 24, California Code of Regulations, Part 10, including any and all amendments set forth in this chapter, and including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Existing Building Code.

7 15.13.020 Violation--Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Existing Building Code is an infraction.

SECTION 9. The City Council hereby amends Title 15.15, entitled “Residential Code” to the Beaumont Municipal Code, to read as:

Chapter 15.15

RESIDENTIAL CODE

Sections:

15.15.010 Adoption of the 2022 California Residential Code

15.15.020 Amendments to the 2022 California Residential Code

15.15.030 Violation--Penalty

15.15.010 Adoption of the 2022 California Residential Code. Except as otherwise provided in this Chapter, the California Residential Code, Title 24 California Code of Regulations, Part 2.5, including Chapter 1, Division II - Scope and Administration, and Appendix AX – Swimming Pool Safety Act, including any and all amendments set forth in this chapter, and including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Residential Code.

15.15.020 Amendments to the 2022 California Residential Code. The 2022 California Residential Code is amended in part as follows:

R101.1 Title. These regulations shall be known as the Residential Code for One- and Two-family Dwellings of the City of Beaumont, hereinafter referred to as “this code.”

R105.3.2 Time limitation of application. Shall be pursuant to Beaumont Municipal Code Chapter

15.04; Section 15.04.020; Item 105.3.2 Time limitation of application.

R105.5 Expiration. Shall be pursuant to Beaumont Municipal Code Chapter 15.04; Section

15.04.020 ; Item 105.5 Expiration.

R108.1 Payment of fees. Shall be pursuant to Beaumont Municipal Code Chapter 15.04; Section 15.04.020; Item 109.1 Payment of Fees.

R108.2 Schedule of permit fees. Shall be pursuant to Beaumont Municipal Code Chapter

15.04; Section 15.04.020; Item 109.2 Schedule of Permit Fees.

R108.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the

8 valuation is underestimated on the application, the permit shall be denie d, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official.

R108.4 Related fees. Shall be pursuant to Beaumont Municipal Code Chapter 15.04; Section

15.04.020; Item 109.5 Related fees.

R108.5 Refunds. Shall be pursuant to Beaumont Municipal Code Chapter 15.04; Section

15.04.020; Item 109.6 Refunds.

R108.6 Work commencing before permit issuance. Pursuant to Beaumont Municipal Code Chapter 15.04; Section 15.04.020; Item 109.4 Work commencing before permit issuance.

R110.4 Temporary occupancy . This section is deleted in its entirety.

Section R202 - Definitions
BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. Where relevant to grading, drainage and soil investigation, Building Official shall also mean and include City Engineer/Director of Public Works or his/her designee.

Appendix AX California Swimming Pool Safety Act.

115922
(a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with item #1 and at least one additional of the following seven drowning prevention features:

1. An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home. Any walls of the residential structure or accessory structures used to complete the isolation enclosure must have its door openings equipped with protection as required in #4 or #5. Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature requirement.

115923
(e) An outside surface free of protrusions, cavities or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over. In order to be considered non-climbable the following minimum standards apply:

1. Horizontal members which would allow gasping and/or footholds must be separated

9 a minimum of 45 inches (1143 mm).

2. The maximum opening formed by a chain link fence shall be not more than 1¼ inches (32 mm).

3. There shall be a clear zone of not less than 36 inches (914 mm) between the exterior of the enclosure and any permanent structures or equipment such as pumps, filters and heaters that can be used to climb the enclosure.

15.15.030 Violation--Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Residential Code is an infraction.

SECTION 10. The City Council hereby amends Title 15.16, entitled “Plumbing Code” to the Beaumont Municipal Code, to read as:

Chapter 15.16

PLUMBING CODE

Sections:

15.16.010 Adoption of 2022 California Plumbing Code

15.16.020 Amendments to the 2022 California Plumbing Code

15.16.030 Violation--Penalty

15.16.010 Adoption of California 2022 Plumbing Code. Except as otherwise provided in this Chapter, the California Plumbing Code, Title 24, California Code of Regulations, Part 5, including any and all amendments set forth in this chapter, and including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the Plumbing Code of the City.

15.16.020 Amendments to the 2022 California Plumbing Code. The 2022 California Plumbing Code is amended in part as follows:

101.1 Title. These regulations shall be known as the Plumbing Code of the City of Beaumont, hereinafter referred to as “this code.”

104.3.3 Time limitation of application. Shall be pursuant to Beaumont Municipal Code Chapter

15.04; Section 15.04.020; Item 105.3.2 Time limitation of application.

104.4.3 Expiration Shall be pursuant to Beaumont Municipal Code Chapter 15.04; Section

15.04.020; Item 105.5 Expiration.

104.5 Payment of fees. Shall be pursuant to Beaumont Municipal Code Chapter 15.04; Section

15.04.020; Item 109.1 Payment of Fees.

10 104.5.1 Schedule of permit fees. Shall be pursuant to Beaumont Municipal Code Chapter

15.04; Section 15.04.020; Item 109.2 Schedule of Permit Fees.

104.5.2 Work commencing before permit issuance. Shall be pursuant to Beaumont Municipal Code Chapter 15.04; Section 15.04.020; Item 109.4 Work commencing before permit issuance.

104.5.3 Related fees. Shall be Pursuant to Beaumont Municipal Code Chapter 15.04; Section

15.04.020; Item 109.5 Related fees.

104.5.4 Refunds. Shall be pursuant to Beaumont Municipal Code Chapter 15.04; Section

15.04.020; Item 109.6 Refunds.

15.16.030 Violation--Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Plumbing Code is an infraction.

SECTION 11. The City Council hereby amends Title 15.17, entitled “Mechanical Code” to the Beaumont Municipal Code, to read as:

Chapter 15.17

MECHANICAL CODE

Sections:

15.17.010 Adoption of California 2022 Mechanical Code

15.17.020 Amendments to the 2022 California Mechanical Code

15.17.030 Violation--Penalty

15.17.010 Adoption of 2022 California Mechanical Code. Except as otherwise provided in this Chapter, the California Mechanical Code, Title 24, California Code of Regulations, Part 4, including any and all amendments set forth in this chapter, and including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the Mechanical Code of the City.

15.17.020 Amendments to the 2022 California Mechanical Code. The 2022 California Mechanical Code is amended in part as follows:

101.1 Title. These regulations shall be known as the Mechanical Code of the City of Beaumont, hereinafter referred to as “this code.”

104.3.3 Time limitation of application. Shall be pursuant to Beaumont Municipal Code Chapter

15.04; Section 15.04.020; Item 105.3.2 Time limitation of application.

104.4.3 Expiration. Shall be pursuant to Beaumont Municipal Code Chapter 15.04; Section

15.04.020; Item 105.5 Expiration.

11 104.5 Payment of fees. Shall be pursuant to Beaumont Municipal Code Chapter 15.04; Section

15.04.020; Item 109.1 Payment of Fees.

104.5.1 Schedule of permit fees. Shall be pursuant to Beaumont Municipal Code Chapter

15.04; Section 15.04.020; Item 109.2 Schedule of Permit Fees.

104.5.2 Work commencing before permit issuance. Shall be pursuant to Beaumont Municipal Code Chapter 15.04; Section 15.04.020; Item 109.4 Work commencing before permit issuance.

104.5.3 Related fees. Shall be pursuant to Beaumont Municipal Code Chapter 15.04; Section

15.04.020; Item 109.5 Related fees.

104.5.4 Refunds. Shall be pursuant to Beaumont Municipal Code Chapter 15.04; Section

15.04.020 Item 109.6 Refunds.

15.17.030 Violation--Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Mechanical Code is an infraction.

SECTION 12. The City Council hereby amends Title 15.19, entitled “Energy Code” to the Beaumont Municipal Code, to read as:

Chapter 15.19

ENERGY CODE

Sections:

15.19.010 Adoption of 2022 California Energy Code

15.19.020 Violation--Penalty

15.19.010 Adoption of 2022 California Energy Code. Except as otherwise provided in this Chapter, the California Energy Code, Title 24, California Code of Regulations, Part 6, including any and all amendments set forth in this chapter, and including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Energy Code.

15.19.020 Violation--Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Energy Code is an infraction.

SECTION 13. The City Council hereby amends Title 15.22, entitled “Green Building Standards” to the Beaumont Municipal Code, to read as:

Chapter 15.22

GREEN BUILDING STANDARDS CODE

12 Sections:

15.22.010 Adoption of 2022 California Green Building Standards Code

15.22.020 Violation--Penalty

15.22.010 Adoption of 2022 California Green Building Standards Code. Except as otherwise provided in this Chapter, the California Green Building Standards Code, Title 24, California Code of Regulations, Part 11, including any and all amendments set forth in this chapter, and including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Green Building Code.

15.22.020 Violation—Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Green Building Code is an infraction.

SECTION 14. 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 or January 1, 2023, whichever is later.

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 _____ day of November 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 ______ day of ________________, 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________
Lloyd White, Mayor

13 Attest: ______________________
Steven Mehlman, City Clerk

Approved as to form:

_________________________
John O. Pinkney, City Attorney

Staff Report

TO: City Council
FROM: Kylie Tillema, Assistant Fire Marshall
DATE November 15, 2022
SUBJECT: Public Hearing and Consideration of Amendments to Chapter 15.20 of the Beaumont Municipal Code

Description Adoption of the 2022 California Fire Code (California Code of Regulations Title 24, Part 9)
Background and Analysis:

Every three years the State of California (“State”) adopts the latest edition of the California Building Standards Code (California Code of Regulations Title 24) (“Codes”) to establish uniform standards for the construction and maintenance of buildings, electrical systems, plumbing systems, mechanical systems, and fire and life safety systems. The 2022 edition of the Codes was adopted by the California Buildin g Standards Commission and published on July 1, 2022. Sections 17958, and 18941.5 of the California Health and Safety Code (“HSC”), require that the latest edition of the Codes apply to local construction 180 days after publication. Therefore, State law requires that the Codes become effective at the local level on January 1, 2023.

Prior to the adoption and enforcement of the Codes at the local level, State law does permit local jurisdictions to amend the Codes in certain circumstances. Pursuant to Sections 17958.5 and 17958.7 of the HSC, such local amendments can only be enacted when an express finding and determination is made that such local amendments are reasonably necessary because of local climatic (which include environmental), geological, or topographical conditions that affects the jurisdiction.

California building standards law permits local amendments that are reasonably necessary provided it is a more restrictive building standard. State housing law permits local amendments that are necessary provided it is equivalent or a more restrictive building standard. Local amendments that are necessary for administrative clarification and do not modify building standards as defined in Section 18909(c) of the HSC can be enacted without the required express findings.

The Codes are amended and published in their entirety every three years by the order of State law and are amended periodically between cycles. The Codes that are to be adopted and amended by the City of Beaumont include the following:

 2022 California Fire Code Part 9;
 2022 California Fire Code - Chapter 1, Division II except Section 103.2 and 111.3; and
 2022 California Fire Code - Chapters 3, 25, and Sections 403.11, 503, 510.2, 1103.2 and 5707.

Staff is recommending some local amendments to address local concerns which consist of fire and life safety and administrative provisions. Most of the proposed amendments are administrative for procedural clarification and are a continuation of previously adopted amendments from prior code adoption cycles. Furthermore, many of these proposed amendments are consistent with those adopted by other local jurisdictions.

Fiscal Impact:

Cost of preparing this staff report, ordinance and legal review is estimated to be $1,000 .

Recommended Action:

Hold a Public Hearing; and
Waive the first full reading and approve by title only, "An Ordinance of The City Council of The City of Beaumont, California, Approving the Adoption of the 2022 Edition of the California Building Standards Code, (California Code of Regulations Title 24), Part 9, 2022 California Fire Code with Amendments and Amending Chapter 15.20 'Fire Code,' of the Beaumont Municipal Code."
Attachments:

A. Proposed Ordinance to Amend Chapter 15.20 with the 2022 Fire Code B. Findings

1 ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, APPROVING THE ADOPTION OF THE 2022 EDITION OF

THE CALIFORNIA BUILDING STANDARDS CODE, (CALIFORNIA CODE OF REGULATIONS TITLE 24), PART 9, 2022 CALIFORNIA FIRE CODE WITH AMENDMENTS AND AMENDING CHAPTER 15.20 “FIRE CODE,” OF 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. Findings. The City Council hereby finds that pursuant to California Health & Safety Code Section 17958, 17958.5, 17958.7, and/or 18941.5 that the proposed amendments to the 2022 edition of the California Building Standards Code, (California Code of Regulations, Title 24), Part 9, 2022 California Fire Code are (1) necessary because of local climatic, geological, or topographical conditions, or (2) are of an administrative or procedural nature, and/or do not modify building standards and are reasonably necessary to safeguard life and property within the City; and findings are set forth on Exhibit A, which exhibit is attached hereto and made a part hereof.

SECTION 5. The City Council hereby amends Title 15.20, entitled “Fire Code” to the Beaumont Municipal Code, to read as:

2 Chapter 15.20

FIRE CODE

Sections:

15.20.010 Adoption of 2022 California Fire Code

15.20.020 Amendments to the 2022 California Fire Code

15.20.030 Violation—Penalty

15.20.010 Adoption of 2022 California Fire Code. Except as otherwise provided in this Chapter, the California Fire Code, Title 24, California Code of Regulations, Part 9, including Chapter 1, Division II - Scope and Administration, except that Section 103.2 and 111.3 are not adopted, and Chapters 3, 25, and Sections 403.11, 503, 510.2, 1103.2, and 5707 are adopted, including any and all amendments set forth in this chapter, and including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Fire Code.

15.20.020 Amendments to the 2022 California Fire Code. The 2022 California Fire Code is amended in part as follows:

A. SCOPE AND GENERAL REQUIREMENTS

1. Section 101.4 of the California Fire Code is deleted in its entirety and replaced with the following:

101.4 Severability. If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are hereby declared to be severable.

B. APPLICABILITY

1. Section 102.5 of the California Fire Code is amended as follows:

102.5 Application of residential code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows:

1. Construction and design provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies.

Where interior or exterior systems or devices are installed, construction permits required by Section 105.6 of this code shall apply.

2. Administrative, operational and maintenance provisions of this code shall apply.

3. Automatic fire sprinkler system requirements of this code shall apply to detached accessory buildings 3,600 square feet or greater in accordance with Section 903.2. The provisions contained in Section 903.2.18 of the California Fire Code or Section R309.6 of the California Residential Code may be used for the design of the automatic fire sprinkler system for detached private garages.

C. DUTIES AND POWERS OF THE FIRE CODE OFFICIAL.

3 1. A new Section 104.1.1 is added to Section 104.1 of the California Fire Code to read as follows:

104.1.1 Authority of the Fire Chief and Fire Department.

1. The Fire Chief is authorized and directed to enforce all applicable State fire laws and provisions of this ordinance and to perform such duties as directed by the City Council.

2. The Fire Chief is authorized to administer, interpret and enforce this ordinance. Under the Fire Chief’s direction, the Riverside County Fire Department is authorized to enforce ordinances of the City of Beaumont pertaining to the following:

2.1. The prevention of fires.

2.2. The suppression or extinguishment of dangerous or hazardous fires.

2.3. The storage, use and handling of hazardous materials.

2.4. The installation and maintenance of automatic, manual and other private fire alarm systems and fire extinguishing equipment.

2.5. The maintenance and regulation of fire escapes.

2.6. The maintenance of fire protection and the elimination of fire hazards on land, in buildings, structures and other property, including those under construction.

2.7. The maintenance of means of egress.

2.8. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials.

3. The following persons are hereby authorized to interpret and enforce the provisions of this ordinance and to make arrests and issue citations as authorized by law:

3.1. The Unit Chief, Peace Officers and Public Officers of the California Department of Forestry and Fire Protection.

3.2. The Fire Chief, Peace Officers and Public Officers of the Riverside County Fire Department.

3.3. The Riverside County Sheriff and any deputy sheriff.

3.4. The Police Chief and any police officer of any city served by the Riverside County Fire Department.

3.5. Officers of the California Highway Patrol.

3.6. Code Officers of the City of Beaumont Code Enforcement Department.

3.7. Peace Officers of the California Department of Parks and Recreation.

3.8. The law enforcement officer of the Federal Bureau of Land Management.

2. Sections 104.7 and 104.7.1 of the California Fire Code are deleted in their entirety and replaced with the following:

104.7 Liability. Any liability against Riverside County or the City of Beaumont or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.

3.. A new Section 104.13 is added to Section 104 of the California Fire Code to read as follows:

4 104.13 Authority of the Fire Chief to close hazardous fire areas. Except upon National Forest Land, the Fire Chief is authorized to determine and announce the closure of any hazardous fire area or portion thereof. Any closure by the Fire Chief for a period of more than fifteen (15) calendar days must be approved by the Riverside County Board of Supervisors and/or the City Council within fifteen (15) calendar days of the Fire Chief’s original order of closure. Upon such closure, no person shall go in or be upon any hazardous fire area, except upon the public roadways and inhabited areas.

During such closure, the Fire Chief shall erect and maintain at all entrances to the closed area sufficient signs giving notice of closure. This section shall not prohibit residents or owners of private property within any closed area, or their invitees, from going in or being upon their lands. This section shall not apply to any entry, in the course of duty, by a peace officer, duly authorized public officer or fire department personnel. For the purpose of this section, “hazardous fire area” shall mean public or private land that is covered with grass, grain, brush or forest and situated in a location that makes suppression difficult resulting in great damage. Such areas are designated on Hazardous Fire Area maps filed with the office of the Fire Chief.

D. PERMITS

1. A new Section 105.5.55 is added to section 105 of the California Fire Code to read as follows:

105.5.55 Commercial cooking with grease laden vapors. An operational permit is required for commercial cooking operations producing grease laden vapors requiring a Type I hood regulated by Chapter 6 and an automatic fire extinguishing system regulated by Chapter 9.

E. FEES

1. Section 107.2 of the California Fire Code is deleted in its entirety and replaced with the following:

107.2 Schedule of permit fees. Fees for services and permits shall be as set forth in the City of Beaumont fee schedule.

2. A new Section 107.7 is added to Section 106 of the California Fire Code to read as follows:

107.7 Cost recovery. Fire suppression, investigation, rescue or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1, as may be amended from time to time. Additionally, any person who negligently, intentionally or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code Section 53150, et seq, as may be amended from time to time.

Any expense incurred by the Riverside County Fire Department for securing such emergency shall constitute a debt of such person and shall be collectable by Riverside County in the same manner as in the case of an obligation under contract, express or implied.

F. MEANS OF APPEALS

1. Section 111.1 of the California Fire Code is deleted in its entirety and replaced with the following:

5 111.1 Board of appeals established. The Board of Appeals shall be the City Manager. If he or she determines an outside board is needed, he or she shall designate an outside hearing officer to hear the appeal. The Fire Chief shall be notified of any appeal and the Fire Chief or designee shall be in attendance at the appeal hearing. Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the Appeals Board.

G. VIOLATIONS.

1. Section 112.4 of the California Fire Code is deleted in its entirety and replaced with the following:

112.4 Violation and penalties. It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this ordinance, or to violate the provisions of any permit granted pursuant to this code or Ordinance. Punishments and penalties for violations shall be in accordance with the City of Beaumont ordinances, fee schedule and Health and Safety Code Sections 17995 through 17995.5.

H. DEFINITIONS.

1. Section 202, definition of “Fire Chief” in the California Fire Code is deleted in its entirety and replaced with the following:

FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief’s designee.

I. OPEN FLAMES.

1. Section 308.1.6.3 of the California Fire Code is deleted in its entirety and replaced with the following:

308.1.6.3 Sky lanterns or similar devices. A person shall not release or cause to be released a sky lantern or similar device.

J. FIRE APPARATUS ACCESS ROADS.

1. Section 503.2.1 of the California Fire Code is deleted in its entirety and replaced with the following:

503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm).

For additional requirements or alternatives see Riverside County Fire Department Standards and Policies, as may be amended from time to time.

2. Section 503.2.2 of the California Fire Code is deleted in its entirety and replaced with the following:

6 503.2.2 Authority. The fire code official shall be the only authority authorized to designate fire apparatus access roads and fire lanes and to modify the minimum fire lane access widths for fire or rescue operations.

3. A new Section 503.6.1 is added to Section 503.6 of the California Fire Code to read as follows:

503.6.1 Automatic opener. New motorized gates shall be provided with means to be automatically opened remotely by emergency vehicle in accordance with Riverside County Fire Department standards and Policies, as may be amended from time to time.

Exception: Gates serving individual one- and two-family dwelling parcels.

4. A new Section 503.7 is added to Section 503 of the California Fire Code to read as follows:

503.7 Loading areas and passenger drop-off areas. On private properties, where fire apparatus access roads are utilized for loading or unloading or utilized for passenger drop-off or pick-up, an additional eight (8) feet of width shall be added to the minimum required width for the fire apparatus access road.

K. FIRE PROTECTION WATER SUPPLIES

1. A new Section 507.5.7 is added to Section 507 of the California Fire Code to read as follows:

507.5.7 Fire hydrant size and outlets. As determined by the fire code official, fire hydrant sizes and outlets shall be based on the following:

1. Residential Standard – one (1) four (4) inch outlet and one (1) two and half (2 ½) inch outlet.

2. Super Hydrant Standard – one (1) four (4) inch outlet and two (2) two and one half (2 ½) inch outlet.

3. Super Hydrant Enhanced – two (2) four (4) inch outlet and one (1) two and one half (2 ½) inch outlet.

2. A new Section 507.5.8 is added to Section 507 of the California Fire Code to read as follows:

507.5.8 Fire hydrant street marker. Fire hydrant locations shall be visually indicated in accordance with Riverside County Fire Department Technical Policy 06-11, as may be amended from time to time. Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage.

L. FIRE COMMAND CENTER

1. Section 508.1 of the California Fire Code is deleted in its entirety and replaced with the following:

508.1 General. Where required by other sections of this code and in all buildings classified as high- rise buildings by the California Building Code, in buildings greater than 300,000 square feet in area

7 (27870 m2) and in Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, a fire command center for fire department operations shall be provided and comply with Sections 508.1.1 through 508.1.7.

2. Section 508.1.1 of the California Fire Code is deleted in its entirety and replaced with the following:

508.1.1 Location and access. The fire command center shall be located adjacent to the main lobby and shall be accessible from fire department vehicular access or as approved by the fire code official.

The room shall have direct access from the building exterior at the lowest level of fire department access.

3. Section 508.1.3 of the California Fire Code is amended as follows:

508.1.3 Size. The fire command center shall be not less than 0.015 percent of the total building area of the facility served or 200 square feet (19 m2) in area, whichever is greater, with a minimum dimension of 0.7 times the square root of the room area or 10 feet (3048 mm), whichever is greater.

Where a fire command center is solely required because a building is greater than 300,000 square feet (27870 m2) , the fire command center shall have a minimum of 96 square feet (9 m2) with a minimum dimension of 8 feet (2438mm) where approved by the fire code official.

4. Section 508.1.6 of the California Fire Code is amended to add the following:

Exception: A fire command center solely required because a building is greater than 300,000 square feet in area shall comply with NFPA 72 and contain the features set forth in Section 508.1.6 subsections 5, 8, 10, 12, 13 and 14. The features set forth in Section 508.1.6 subsections 1, 2, 3, 4, 6, 7, 9, 11, 15, 16, 17, 18 and 19 shall be required when such building contains systems or functions related to these features.

5. A new Section 508.1.8 is added to Section 508 of the California Fire Code to read as follows:

508.1.8 Fire command center identification. The fire command center shall be identified by a permanent easily visible sign stating “Fire Dept. Command Center,” located on the door to the fire command center.

M. FIRE PROTECTION AND UTILITY EQUIPMENT IDENTIFICATION AND ACCESS

1. Section 509.2.1 of the California Fire Code is amended to add the following:

509.2.1 Minimum clearances. A 3-foot (914 mm) clear space shall be maintained around the circumference of exterior fire protection system control valves, or any other exterior fire protection system component that may require immediate access, except as otherwise required or approved.

N. MECHANICAL REFRIGERATION.

8 1. Section 608.11.1.2 of the California Fire Code is deleted in its entirety and replaced with the following:

608.111.2 Manual operation. When required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valves shall be located in an approved location immediately outside of the machinery room in a secure metal box or equivalent and marked as Emergency Controls.

O. AUTOMATIC SPRINKLER SYSTEMS.

1. Section 903.2 of the California Fire Code is deleted in its entirety and replaced with the following:

903.2 Where required. In all new buildings and structures which are 3,600 square feet or greater, an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where the Sections 903.2.1 – 903.2.21 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence.

Exception: Unless required elsewhere in this code or the California Building Code, automatic fire sprinkler systems shall not be required for the following:

1. Detached Group U occupancies used for agricultural purposes constructed in accordance with the California Building Code.

2. Detached non-combustible equestrian arena shade canopies that are open on all sides and used for riding only - no commercial, assembly or storage uses.

3. Detached fabric or non-combustible shade structures that are open on all sides and used to shade playground equipment, temporary storage of vehicles and dining areas with no cooking.

4. Where determined by the Fire Chief that no major life safety hazard exists, and the fuel load does not pose a significant threat to firefighter safety or to other structures or property, automatic fire sprinklers may be exempted.

One- and two-family dwellings shall have an automatic fire sprinkler system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be installed in mobilehomes, manufactured homes and multifamily manufactured homes with two dwelling units in accordance with Title 25 of the California Code of Regulations.

The following exceptions in the California Fire Code shall not be allowed:

a. Exception in Section 903.2.3
b. Exception in Section 903.2.11.3

2. A new Section 903.3.5.3 is added to Section 903 of the California Fire Code to read as follows:

903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

P. DESIGNATION OF HIGH-PILED STORAGE AREAS.

9 1. A new Section is added to Section 3204.2 of the California Fire Code to read as follows:

3204.2.1 Minimum requirements for client leased or occupant owned warehouses. Designs of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. The responsible fire protection engineer shall perform a survey of the building to determine commodity classification, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The fire protection engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the building owner or operator. The technical report shall describe the basis for determining the commodity and sprinkler design selection, how the commodities will be isolated or separated, and include referenced design document(s), including NFPA 13 or the current applicable factory mutual data sheets. If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review.

Q. FIRE HAZARD SEVERITY ZONES.

1. A new Section 4904.2.1 is added to Section 4904 of the California Fire Code to read as follows:

4904.2.1 High Fire Hazard Severity Zone Maps. In accordance with Government Code Sections 51175 through 51189, Very High Fire Hazard Severity Zones (VHFHSZ), located in the Local Responsibility Area (LRA), are designated as shown on the most recently published VHFHSZ IN LRA map, as recommended and published by the Director of the California Department of Forestry and Fire Protection (CAL FIRE), which may be revised from time to time. The most recent VHFHSZ IN LRA map is on file at the office of the Fire Chief, which supersedes other maps previously adopted designating high fire hazard areas.

R. APPENDIX B.

1. Table B105.2 of the California Fire Code is amended as follows:

TABLE B105.2

REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES

AUTOMATIC

SPRINKLER
SYSTEM
(Design
Standard)

MINIMUM FIRE-
FLOW
(gallons per minute)
FLOW

DURATION
(hours)
No automatic
sprinkler system
Value in Table B105.1(2) Duration in Table
B105.1(2)

10 Section 903.3.1.1
of the California
Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table
B105.1(2) at the
reduced flow rate
Section 903.3.1.2
of the California
Fire Code
50% of the value in Table
B105.1(2)b
Duration in Table
B105.1(2) at the
reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall be not less than 1,000 gallons per minute. b. The reduced fire-flow shall be not less than 1,500 gallons per minute.

S. APPENDIX C.

1. Section C103.1 of the California Fire Code is deleted in its entirety and replaced with the following:

C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the International Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C103.2 and C103.3. Fire hydrants shall be provided at street intersections.

15.20.030 Violation—Penalty. In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Chapter 1.17 or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Section 1.16.040.

Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor, punishable by a fine of $1,000.00 or 6 months in jail, or both.

In addition to the penalties provided in this Section, any condition caused or permitted to exist in violation of any of the provision of this Chapter shall constitute a public nuisance and may be abated by the City by civil process by means of a restraining order, preliminary or permanent injunction or in any manner provided by law for the abatement of such nuisance.

All remedies herein are cumulative and non-exclusive.

SECTION 6. 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.

11 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 15th day of November, 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 6th day of December, 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:

__________________________________
Mayor

ATTEST: __________________________________
City Clerk

Approved as to form:

__________________________________
City Attorney

1 EXHIBIT A

FINDINGS
I. Climatic Conditions:

A. The City of Beaumont located in Riverside County is located in Southern California and covers a vast and varied geographic area. The base climate in western Riverside County consists of semi- arid Mediterranean weather patterns. Eastern Riverside County is a desert area with Mohave Desert temperatures and weather patterns. Those two primary areas are divided by the San Bernardino Mountain Range. Both areas outside of the mountain terrain annually experience extended periods of high temperatures with little or no precipitation. Hot, dry winds, which may reach speeds of 70 M.P.H. or greater, are common to the area. Examples are: Santa Ana/ Foehn winds, afternoon surface- heating generated winds, and prevailing desert winds.

These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration) which necessitates rapid identification, locating and extinguishment of all fires in the smallest stage possible. In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, will greatly impact the response time to reach an incident scene. During these winds, the inability to use aerial type firefighting apparatus would further decrease our ability to stop fires in large buildings and place rescue personnel at increased risk of injury.

B. Although Riverside County and the City of Beaumont occasionally experiences periods of significant drought, the County can also experience periods of substantial rainfall. Annual rainfall varying from three (3) inches in Blythe to over thirty three (33) inches in Pine Cove. When Riverside County does experience heavy rain, or rain over a period of days or weeks, many areas of the County are subject to flooding. Runoff from rain drains either naturally into rivers, washes, and creeks or into flood control facilities. Flash flooding is also a common problem, especially in the Coachella Valley and the easterly portions of the county. Flash flooding is typically associated with short duration, high intensity precipitation events often associated with summer thunderstorms. Such events can occur even during a drought.

C. Water demand in densely populated Southern California far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features. It would also leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of available water to floors in a fire.

D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high- density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection.

The added protection of fire sprinkler systems and other fire protection features such as identification and notification will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.

2 II. Topographical conditions
A. Natural: The topographical conditions of Riverside County varies from three hundred (300) feet below sea- level, flat desert communities, to mountains over ten thousand (10,000) feet in Alpine-like areas of the San Bernardino Mountain Range. In between these areas, developable slopes of 25 percent and greater generally occur throughout the foothills. Riverside County extends from Orange County to the State of Arizona and is mixed with congested urban areas, rural lands and wild lands. A large number of sensitive habitats for various animal species and vegetation c onsist within large open space areas between major urban centers that impact building and structure location, which impedes emergency access and response. This variety in regions contributes to an increased emergency response time, which necessitates cooperation between local agencies.

B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Riverside County.

C. These topographical conditions combine to create a situation, which places fire department response time to fire occurrences at risk, and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property.

III. Geological Conditions
Located within Riverside County are several known active and potentially active earthquake faults, including the San Andreas, San Jacinto, and Elsinore Fault. In the event of an earthquake, the location of the epicenter as well as the time of day and season of the year would have a profound effect on the number of deaths and casualties, as well as property damage.

The major form of direct damage from most earthquakes is damage to construction. Bridges are particularly vulnerable to collapse, and dam failure may generate major downstream flooding. Buildings vary in susceptibility, dependent upon construction and the types of soils on which they are built. Earthquakes destroy power and telephone lines; gas, sewer, or water mains; which, in tum, may set off fires and/or hinder firefighting or rescue efforts. The hazard of earthquakes varies from place to place, dependent upon the regional and local geology. Ground shaking may occur in areas 65 miles or more from the epicenter (the point on the ground surface above the focus). Ground sha king can change the mechanical properties of some fine grained, saturated soils, where upon they liquefy and act as a fluid (liquefaction).

A. Previous earthquakes in southern California have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings.

B. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design accompanies with occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Riverside County that naturally have extended emergency response times that exceed the 5 minute goal.

California Health and Safety Code Sections 17958.7 and 18941.5 require that the modification or change be expressly marked and identified as to which each finding refers. Therefore, the City Council finds that the following table sets forth the 2022 California Fire Code sections that have been modified and the associated local climatic, geological and/or topographical conditions described above supporting the modification.

3 2022 CODE

SECTION TITLE/SUBJECT FINDINGS I,

II, III
101.4 Severability Administrative
102.5 Application of residential code I, II & III
104.1.1 Authority of the Fire Chief and Fire Department Administrative 104.7 and 104.7.1 Liability Administrative
104.13 Authority of the Fire Chief to close hazardous fire areas Administrative 105.5.55 Commercial cooking with grease laden vapors. Administrative 107.2 Schedule of permit fees Administrative
107.7 Cost Recovery Administrative
111.1 Board of Appeals established Administrative
112.4 Violation and Penalties Administrative
202 Fire Chief Administrative
308.1.6.3 Sky Lanterns or similar devices I, II & III
503.2.1 Dimensions Administrative
503.2.2 Authority Administrative
503.6.1 Automatic opener Administrative
503.7 Loading areas and passenger drop-off areas Administrative 507.5.7 Fire hydrant size and outlets I & III
507.5.8 Fire hydrant street marker I, II & III
508.1, 508.1.1,
508.1.3 Fire command center I, II & III
509.2.1 Minimum clearances I & III
608.11.1.2 Manual operation II & III
903.2 Where required (automatic sprinkler systems) I, II & III 903.3.5.3 Hydraulically calculated systems I & II
3204.2.1 Minimum requirements for client leased or occupant owned warehouses Administrative
4904.2.1 High Fire Hazard Severity Zone Maps Administrative

4 App Ch B, Table
B105.2 Fire-Flow - Buildings other than one- or two-family dwellings I, II & III App Ch C, C103.1 Hydrant spacing I, II & III

Staff Report

TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE November 15, 2022
SUBJECT: Public Hearing and Consideration of CDBG Funding Requests for Program Year 2023-2024

Description Annual consideration of requests for Community Development Block Grant (CDBG) funding.

Background and Analysis:

Each year the City applies for Community Development Block Grant (CDBG) funds for expenditure in the City of Beaumont. The amount estimated for this year for all programs is $168,900. The City can award a maximum of 15% or $25,335 to non -profit groups. In previous years, the City has funded approximately $20,000 in non -profit requests and reserved the remaining funding for City and neighborhood improvement projects. This year, as in previous years, the minimum CDBG award for an individual program is $10,000 for the County to act as the program administrator.

The proposed application requesting County approval of CDBG projects is divided into two sections. The first section is public, non-profit programs and the second section is public improvement projects. Council approval is to authorize the preparation and submittal of the County of Riverside Community Development Block Grant Program Application to the County of Riverside.

Non-profit Public Programs
Staff received one request from non-profit organizations for CDBG funding of public programs:

Boys & Girls Club of the San Gorgonio Pass – Request of $35,000 This proposal is requesting funding for the Boys & Girls Club Camp Kids program. The program consists of Summer Camp, Thanksgiving Camp, Winter Camp and Spring Camp programs. The programs will be provided at Brookside Elementary and Sundance Elementary. Funds would be applied to scholarships for families that cannot afford the full cost of the programs.

Public Improvement Projects
Staff has prepared one eligible project application for the 2023-2024 CDBG program year. A copy of the application is attached for your review.

Downtown Blight Abatement – Request of $148,900
The proposed blight abatement activities will include any combination of repairing or replacing nonworking streetlights, graffiti removal, trash/debris removal and assistance with repair of dilapidated structures. This funding will be coupled with other funding City Council has allocated through the Capital Improvem ent Program.

Through the 2019-2024 Consolidated Plan process, City Council approved the City’s funding priorities as follows:
 Infrastructure Improvements
 Recreation Improvements
 Youth and afterschool programs
 Support Services – Homeless, veterans and special needs

Staff has reviewed the applications for completeness, to ensure that the proposals meet the City’s funding priorities and provide CDBG eligible services. Each of the proposed applications meets these criteria.

The Notice of Funding Availability was published in the newspaper and on the City’s website beginning September 27, 2022. The application period remained open for a minimum of thirty days as required by the CDBG program.

Fiscal Impact:

Cost to prepare the application and staff report is approximately $250.

Recommended Action:

Hold a public hearing,
Approve and authorize staff to submit a CDBG application for the City of Beaumont Downtown Blight Abatement and give authority to the City Manager to reduce or increase the amount funded to the project based on the final amount of funding available to the City of Beaumont, and
Approve and authorize staff to submit a CDBG application for the Boys & Girls Club of the San Gorgonio Pass in the amount of $20,000 subject to the conditions of the CDBG program as provided by Riverside County EDA.

Attachments:

A. Boys & Girls Club of San Gorgonio Pass Application
B. City of Beaumont Application
C. NOFA Publication Affidavit

COUNTY OF RIVERSIDE

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

APPLICATION FOR CITY OF
2023- 2024 COOPERATING CITY ALLOCATION

I. GENERAL INFORMATION

Applicant Name:

Type of Organization: Non-Profit Organization Faith Based Organization

For-Profit Organization Institution of Higher Education

Cooperating City

Address:

City: Zip Code:

Mailing Address:

City: Zip Code:

Telephone Number: Fax Number:

Executive Director/City Staff:

Telephone Number: E-mail:

Program Manager:

Telephone Number: E-mail:

Grant Writer:

Address (If different from above):

Telephone Number: E-mail:

II. ORGANIZATIONAL HISTORY (This is applicable only if you are a non-profit organization)

Date Organization founded:

Date Organization incorporated as a non-profit organization (Attach Articles of Incorporation and Bylaws):

Federal identification number:

DUNS Number:

Organization Web Address:

Beaumont
City of Beaumont
550 E. 6th Street
Beaumont 92223
951-572-3212
Christina Taylor, Deputy City Manager
951-572-3212 [email protected]
Christina Taylor, Deputy City Manager
951-572-3212 [email protected]
Christina Taylor
951-572-3212 [email protected]

1 Does your Organization expend $750,000 or more a year in federal funds? Y or N Number of paid staff:

Number of volunteers:

Members/Board of Directors (Attach):

III. PROJECT ACTIVITY

A. Name of Project:

B. Specific Location of Project
(Attach Project Map - include street address; if a street address has not been assigned provide APN) Street or APN:

City: Zip Code:

C. CDBG Funds Requested: (total amount for the project only)

D. Where will the proposed activity occur (be specific as to the geographic boundaries)? If the project involves a new or existing facility, what is the proposed service/benefit area for the facility?

E. In which City (ies)/Communities does the activity occur? City (ies):

Community (ies):

NOTE: HWS will make the final determination of the appropriate service area of all proposals.

F. If this project benefits residents of more than one community or jurisdiction, have requests been submitted to those other entitlement jurisdictions? (i.e., County district(s) 1st, 2nd, 3rd, 4th, and/or 5th, City of Palm Springs, City of Moreno Valley, City of Riverside, etc.)

Blight Elimination
Beaumont 92223
$158,900
Beaumont
Old town Beaumont (Census Tract 440)

2 G.Check ONLY the applicable category your application represents.

Public Service
Homeless Activities
Real Property Acquisition (Must consult with EDA prior to submitting application) Housing
Rehabilitation/Preservation (please provide picture of structure) Public Facilities (construction)
Infrastructure (i.e. Streets, Sewer, Sidewalk, etc.)
Other: (provide description)Blight abatement and prevention H.Respond to A & B only if this application is for a public service project. (a)Is this a NEW service provided by your agency? Yes No (b)If service is not new, will the existing public service activity level be substantially increased or improved? _yes increased and improved in Census tract 440 __ IV.PROJECT NARRATIVE
A.Provide a detailed Project Description. The description should only address or discuss the specific activities, services, or project that is to be assisted with CDBG funds. If CDBG funds will assist the entire program or activity, then provide a description of the entire program or activity.

The City of Beaumont is targeting blight in the old town area (part of census tract 440). There are many dilapidated and vacant structures and many with a high occupancy turnover rate. Additionally, the streets do not have adequate lighting which poses a public safety concern, has contributed to graffiti, vandalism and increase in calls for service.

The City seeks to focus resources on the Old Town area through repairing street lighting,graffiti abatement and trash/debris removal and assistance with repair of dilapidated structures. The program will be administered through the Community Development Department.

3 B. Provide a detailed description of the proposed use of the CDBG funds only (e.g. construction design, purchase of specific equipment, rent, supplies, utilities, salaries, etc.):

C. What are the goals and objectives of the project, service, or activity? How will you measure and evaluate the success of the project to meet these goals and objectives (measures should be qualitative)?

D. Please identify the project milestones using an Estimated Timeline for Project Implementation:

Proposed use of funds will be for purchase of materials to restore inoperable street lighting, trash/debris and graffiti removal from blighted properties, and assistance in rehabilitating dilapidated structures. The City currently has funds allocated to this program and the CDBG funds would be coupled with the 23-24 fiscal year allocation.

The goals of the proposed activities are to reduce blight and improve public safety for those living and working in the Old Town area. The success will me measured by an analysis of call for graffiti abatement, calls for service and vandalism prior to repairing street lighting and cleaning up the area versus after.

These activities will be ongoing. Implementation will start upon authorization to proceed and will continue throughout the fiscal year.

4 V. PROJECT BENEFIT

A. Indicate the number of people or households that will directly benefit from your proposal using CDBG funds: Note: This is based on the expected number of clients to be served if the County funds your project for the requested amount.

B. Indicate the number of unduplicated clients that will be served (An unduplicated client is counted only once, no matter how many direct services the client receives during a funding year):

C. Length of proposed CDBG-funded activities or service (weeks, months, year):

D. Service will be provided to (check one or more):

Men Seniors
Women Severely Disabled Adults
Children (Range of children’s ages :__________) Migrant Farm Workers Homeless (Number of beds at facility :________) Families N/A
N/A
The activities will be ongoing throughout the fiscal year.

5 E.What methods will be used for community involvement to assure that all who might benefit from the project are provided an opportunity to participate?
F.What evidence is there of a long-term commitment to the proposal? Describe how you plan to continue the work (project) after the CDBG funds are expended?
VI.National Objective
All CDBG-funded activities must meet at least one of the following National Objectives of the CDBG program. Indicate the category of National Objective to be met by your activity.

CATEGORY A: Benefit to low-moderate income persons (must be documented). Please choose either subcategory 1 or 2:

1.Limited Clientele:

The project serves clientele that will provide documentation of their family size, income, and ethnicity.

Identify the procedure you currently have in place to document that at least 51% of the clientele you serve are low-moderate income persons.

City staff has held community meetings in the Old Town area throughout this year to take input from residents and property owners on concerns in their area. This proposal is a result of the input. Staff will continue to hold meetings in the Old Town area as this work will be ongoing.

City Council has allocated funding in the current fiscal year as well as in future CIP budgets for ongoing upgrade and maintenance of street lighting. Additional funding is allocated annually for graffiti and blight abatement along with assistance in abating vandalism. The City Council has also allocated funding in FY 22-23 for assistance in rehabilitation of dilapidated structure in the Old Town area. It is anticipated this funding will continue into FY 23-24.

6 2. Clientele presumed to be principally low- and moderate-income persons:

The following groups are presumed by HUD to meet this criterion. You will be required to submit a certification from the client (s) that they fall into one of the following presumed categories.

The activity will benefit (check one or more)

Abused children Homeless persons
Battered spouses Illiterate adults
Elderly persons Persons living with AIDS
Severely disabled adults Migrant Farm workers

a. Describe the clientele above to be served by this activity:

b. Discuss how this project directly benefits low- and moderate- income residents:

CATEGORY B: Area Benefit - The project or facility serves, or is available to, ALL persons located within an area where at least 51% of the residents are low/moderate-income. (Applicant is welcome to contact a County of Riverside, HWS CDBG Program Manager for Census Information)

2010 Census Tract and Block Group numbers:
(must use 2011-2015 ACS data pursuant to HUD Notice -C&D-19-02) https://hud.maps.arcgis.com/apps/webappviewer/index.html?id=ffd0597e8af24f88b501b7e7f326bedd

_______________
_______________
_______________
_______________

Total population in Census Tract(s) / block group(s):_______________________

Total percentage of low-moderate population in Census Tract(s) / block group(s):________

440
3720

57.04

7 CATEGORY C: Activities undertaken to create or retain permanent jobs, at least 51% of which will be made available to or held by low/moderate-income persons.

Proposed Job Creation/Retention

Total Jobs Expected to Create: ______________________________________________

Total Jobs Expected to Retain: ______________________________________________

CATEGORY D: Activities that provide assistance to micro-enterprise owners/developers who are low/moderate-income.

Proposed Assistance to Businesses

New Businesses expected to assist: ______________________________________________

Existing Businesses expected to assist: ___________________________________________

Enter Total Businesses expected to assist: _________________________________________

VII. FINANCIAL INFORMATION

A. Proposed Project Budget
Complete the following annual program budget to begin July 1, 2023. If your proposed CDBG-funded activity will start on a date other than July 1, 2023, please indicate starting date. Provide total Budget information and distribution of CDBG funds in the proposed budget.

The budgeted items are for the specific activity for which you are requesting CDBG funding - NOT for the budget of the “entire” organization or agency. (Note: CDBG funds requested must match amount requested in Project Activity, C above.)

(EXAMPLE: The Valley Senior Center is requesting funding for a new Senior Nutritional Program. The total cost of the program is $15,000 and $10,000 in CDBG funds is being requested for operating expenses associated with the proposed activity. The total Activity/Project Budget will include $5,000 of other non-CDBG funding and $10,000 in CDBG funds for a Grand Total of $15,000).

TOTAL ACTIVITY/

PROJECT BUDGET CDBG FUNDS
(Include non-CDBG Funds REQUESTED-Only
and CDBG Funds)

I. Personnel
A. Salaries & Wages $____________________ $__________________ B. Fringe Benefits $____________________ $__________________ C. Consultants & Contract Services $____________________ $__________________ PERSONNEL SUB-TOTAL $____________________ $__________________ 500,000 0
500,000 0

8 II. Non-Personnel
A. Space Costs $____________________ $__________________ B. Rental, Lease or Purchase of
Equipment $____________________ $__________________ C. Consumable Supplies $____________________ $__________________ D. Travel $____________________ $__________________ E. Telephone $____________________ $__________________ F. Utilities $____________________ $__________________ G. Other Costs $____________________ $__________________ NON-PERSONNEL SUB-TOTAL: $____________________ $__________________ III. Other
A. Architectural/Engineering Design $____________________ $__________________ B. Acquisition of Real Property $____________________ $__________________ C. Construction/Rehabilitation $____________________ $__________________ D. Indirect Costs $____________________ $__________________ E. Other $____________________ $__________________
OTHER SUB-TOTAL: $____________________ $__________________

GRAND TOTAL: $____________________ $__________________

B. Leveraging
List other funding sources and amounts (commitments or applications) which will assist in the implementation of this activity. Current and pending evidence of leveraging commitments/applications must be submitted with application. (Attach)

TYPE SOURCE AMOUNT SOURCE AMOUNT SOURCE AMOUNT TOTAL

FEDERAL

STATE/LOCAL

PRIVATE
OTHER

TOTAL: ___________________

500,000
500,000
1,000,000 158,900
2,000,000
1,500,000
3,500,000
5,000,000 158,900
5,158,900

9 C. What type of long-term financial commitment is there to the proposal? Describe how you plan to continue the work (project) after the CDBG funds are expended?

D. Provide a summary by line item of your organization’s previous year’s income and expense statement. (Attach)

E. Does this project benefit residents of more than one community or jurisdiction, have requests been submitted to those other jurisdictions? Yes No

If yes, identify sources and indicate outcome. ________________________________________

If no, please explain. ____________________________________________________________

F. Was this project or activity previously funded with CDBG? Yes No

If yes, when? ________________________________________

Is this activity a continuation of a previously funded (CDBG) project? Yes No

If yes, explain: ________________________________________

VIII. MANAGEMENT CAPACITY

A. Describe your organization’s experience in managing and operating project or activities funded with CDBG or other Federal funds.

City Council has allocated $5M to Old Town rehabilitation, blight abatement, infrastructure repair and other improvements which will improve public safety and reduce opportunities for vandalism and blight.

CDBG Sidewalk Project 2007 - $121,198
CDBG New Sidewalk Project 2008 - $117,776
CDBG Sidewalk Improvements 2014 - $153,438
CDBG Park Improvements - Rangel Park 2018-2020
CDBG Street Rehabilitation FY 21-22 $143,950

10 B. Management Systems
Does your organization have written and adopted management systems (i.e., policies and procedures) including personnel, procurement, property management, record keeping, financial management, etc.?

C. Capacity
Please provide the names and qualifications of the person(s) that will be primarily responsible for the implementation and completion of the proposed project.

The City of Beaumont as required by government regulations has personnel, procurement, property management, record keeping and all other required systems in place for project management.

Christina Taylor, Deputy City Manager
Kyle Warsinski, Economic Development Manager
Jeff Hart, Public Works Director
Dough Story, Community Services Director

11 IX.APPLICATION CERTIFICATION
Undersigned hereby certifies that (check box after reading each statement and digitally sign the document):

1.The information contained in the project application is complete and accurate. CT __

2.The applicant agrees to comply with all Federal and County policies and requirements imposed upon the project or activity funded by the CDBG program. CT

3.The applicant acknowledges that the Federal assistance made available through the CDBG program funding will not be used to substantially reduce prior levels of local, (NON-CDBG) financial support for community development activities. CT

4.The applicant fully understands that any facility built or equipment purchased with CDBG funds shall be maintained and/or operated for the approved use throughout its economic life, pursuant to CDBG regulation. CT_

5.If CDBG funds are approved, the applicant acknowledges that sufficient non-CDBG funds are available or will be available to complete the project as described within a reasonable timeframe. _CT

6.On behalf of the applying organization, I have obtained authorization to submit this application for CDBG funding. (DOCUMENTATION ATTACHED Minute Action and/or written Board Approval signed by the Board President) _CT
DATE: __________________
Signature: ___________________________________________
Print Name/Title
Authorized Representative: ____________________________________________ 11/3/2022
Christina Taylor Digitally signed by Christina Taylor
Date: 2022.11.04 12:49:32 -07'00'
Christina Taylor, Deputy City Manager

12 CHECK-LIST:

The following required documents listed below have been attached. Any missing documentation to the application will be cause for the application to be reviewed as INELIGIBLE.

Yes No ATTACHMENT

1. Members/Board of Directors

2. Articles of Incorporation and Bylaws

3. Project Activity Map

4. Project Benefit, Category B, Low Mod Area Maps (Attach if applicable)

5. Leveraging (Current evidence of commitment)

6. Income and Expense Statement

7. Management Capacity (Detailed organizational chart)

8. Board Written Authorization approving submission of application

NA
NA
X
X
X
NA
X
X

CDBG NOFA FY23-24 (5209298) - Page 1 of 2
FILER
Christina Taylor
[email protected]
(951) 572-3212

FILING FOR
The Press-Enterprise
Columns Wide:4 Ad Class:Legals

INTERIM AD DRAFT
T h i s is t he p r oo f o f yo ur a d sc he du l ed t o r u n in Th e Pr es s-E n t er pr i se on th e d at e s i n d i c a t ed b e l o w.

I f ch an ge s a re ne ed e d , p l ea se co n t ac t us pr i or t o d ea dlin e at (9 5 1) 3 6 8 -9 22 9.

Notice ID: rKGu1lriQy2iN45rx0N2 | Proof Updated: Sep. 22, 2022 at 11:29am PDT Notice Name: CDBG NOFA FY23-24 (5209298)
09/27/2022: City Notices 430.04
Subtotal $447.24
Tax %0.00
Total $447.24
See Proof on Next Page

CDBG NOFA FY23-24 (5209298) - Page 2 of 2

Staff Report

TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE November 15, 2022
SUBJECT: Public Hearing and Consideration of Amendment No. 2 to the Development Agreement for Beaumont Crossroads II (Hidden Canyon Specific Plan)

Description Partial assignment of an amended and restated development agreement by and between the City of Beaumont, MPLD II Inland Empire, LLC, MPLD Inland Empire ULC, LLC and MPLD Inland Empire KRB, LLC.

Background and Analysis:

The subject site, known as the Hidden Canyon Specific Plan, is located along the south side of State Route 60 in the westerly-most area of the City of Beaumont.

The site has been subject to other various entitlement activities in the past, as follows:

Beaumont Gateway Specific Plan
When owned by the Lockheed Corporation, the site received Specific Plan and tentative tract approval in 1995 for 573 dwelling units, with a minimum lot size of 5,000 square feet. Due to economic and market considerations at that time, the project never moved forward with development.

Wyle Laboratories Test Facility
Wyle Laboratories subsequently acquired the site and received City approval in 2001 for a zone change and General Plan Amendment for an industrial designation, and a conditional use permit for operation of a small industrial testing facility on the site.

Hidden Canyon Specific Plan (2005)
CRV-SC Beaumont Partners, LP received City approval in 2005 for the entitlement for a maximum of 426 residential lots, 19.5 acres of parks and open space, and a 4.8 acre commercial site.

Hidden Canyon Industrial Specific Plan (2012)
Amendment to the Specific Plan changing the land use designations from Residential to Industrial and providing for up to 2.89 million square feet of industrial floor space. This is the currently entitled status for this site.

Plot Plan Approval
11-PP-04 Plot Plan was approved by the Planning Commission on February 14, 2012 which is now expired. 16-PP-02 Plot Plan was re-approved by the City Council on September 6, 2016 which is now expired. Plot Plan PP2018 -0134 is the current entitlement, approved by the Planning Commission on November 13, 2018 and was extended by the Planning Commission until November 13, 2020. The development agreement approved in December 2020, extended this entitlement until November 13, 2027.

The approved Specific Plan, EIR Addendum, and 2012 staff report are available for review on the City’s Transparency Portal website within Community Development/Specific Plans.

The original development agreement had two main items:
 The Extension of the entitlements for Plot Plan 2018-0134 for a period of seven (7) years from the current expiration date. Under the proposed development agreement, the expiration date would be November 13, 2027.  The allowance of assignment or transfer of the development agreement.

The first amendment to the development agreement addressed the following:
 Establishing a maximum allowable sewer flow.

At the time, an end user for the development had not been disclosed . Based on current sewer infrastructure, the sewer treatment plant expansion and proposed improvements in the area surrounding the development, establishing a maximum sewer flow was

necessary to ensure the integrity of the City’s system and to ensure capac ity is available to serve an occupant. If an occupant for the development will require more capacity than the proposed cap allows, a reassessment will be necessary and mitigation for any identified impacts will be required.

The second amendment to the development agreement proposes to convey two parcels in the development as follows:

Parcel 1 of Parcel Map 36426 (APNs 424-010-011 and 016) ULC Property to MPLD Inland Empire ULC, LLC.

Parcel 2 of Parcel Map 36426 (APN 424-010-012) KRB Property to MPLD Inland Empire KRB, LLC.

All rights and responsibilities of the development agreement relative to these properties are conveyed with these assignments.

A site plan of the project identifying parcels 1 and 2 is included as Attachment C to this staff report.

Environmental Documentation:

An Environmental Impact Report (EIR) was prepared and certified in 1995 for the Beaumont Gateway Specific Plan, and the later Hidden Canyon Addendums in both 2005 and 2012, assessing the environmental impacts of the project and subsequent implementation steps, including subdivision of the site, for the same project. The EIR and the findings made by the City Council remain valid. This development agreement amendment is not subject to CEQA, as it can be seen with certainty tha t there is no possibility that the activity in question may have a significant effect on the environment. 14 CCR Section 15061(b)(3).

Findings:

The guidelines for development agreements are established in City of Beaumont Resolution No. 1987-34. This resolution requires City Council to make the following findings:

1. The proposed agreement is consistent with the objectives, policies, general land use and programs specified in the General Plan;
The proposed amendment to the development agreement is consistent with the General Plan and its goals, objectives and policies. Specifically, approval of this amendment will help facilitate a development which is an avenue for new employment, improvements to infrastructure and circulation.

2. The proposed agreement facilitates land uses which are compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the real property is located;
The proposed development agreement amendment has no impact on zoning or land use on the property or in the surrounding area. There are no proposed changes to the zoning, land use or project approvals as a result of this amendment.

3. The proposed agreement is in conformity with public convenience, general welfare and good land use practice;
The development agreement amendment has no impact on land use or compatibility with the surrounding area. Assignment of this development agreement will has no impact on the general welfare of the City and will ensure good land use practice continues at the site.

4. The proposed agreement will not be detrimental to the health, safety and general welfare;
Approval of the amendment to the development agreement will have no impact on the health, safety or welfare of the City, the surrounding area or its residents. The amendment to this agreement, through the imposition of conditions, will not have a detrimental effect on the health, safety or general welfare of the City or its residents.

5. The proposed agreement will not adversely affect the orderly development of property or the preservation of property values;
Approval of this development agreement amendment will help to continue facilitating orderly development. Approval of this agreement amendment wil l not have a negative effect on preservation of property rights and is agreed to by both the City and the property owner.

There are no unusual or changed circumstances at this site that would affect the entitlements or consideration of amendment to the development agreement. All of the required findings can be made in a positive manner.

Fiscal Impact:

Cost of staff time and legal review for preparation of this report is covered by the development agreement amendment deposit on file in the amount of $3,521.16.

Recommended Action:

Hold a Public Hearing; and

Waive the first full reading and approve by title only, “An Ordinance of the City Council of the City of Beaumont, California, Approving an Amended and Restated Development Agreement by and between the City of Beaumont, MPLDII Inland Empire, LLC and MPLD Inland Empire ULC, LLC and MPLD Inland Empire KRB, LLC.” Attachments:

A. Ordinance
B. Site Plan
C. Development Agreement ULC
D. Development Agreement KRB

1 ORDINANCE NUMBER

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

BEAUMONT, CALIFORNIA, APPROVING

AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY

AND BETWEEN THE CITY OF BEAUMONT AND

MPLD II INLAND EMPIRE, LLC,

MPLD INLAND EMPIRE ULC, LLC AND

MPLD INLAND EMPIRE KRD, LLC

WHEREAS, City is a general law city and a municipal corporation of the State of California; and;

WHEREAS, MPLD II INLAND EMPIRE, LLC (“Owner”) owns approximately 198.38 acres of land, described in Exhibit “A” ("Subject Property") attached hereto and incorporated herein by this reference also known as Assessor’s Parcel No. 424-010-011 through 424-010-018, inclusive, located within an existing specific plan known as the Hidden Canyon Specific Plan, located south of SR-60 west of Potrero Boulevard and east of Jack Rabbit Trail in the City of Beaumont; and

WHEREAS, City approved that certain DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF BEAUMONT AND MPLD II INLAND EMPIRE, LLC dated November 13, 2020 which applies to the Property and City and developer desire to amend and restate the original Development Agreement as provided in this Agreement and supersede and replace the original Development Agreement.

WHEREAS, City approved amendment no. 1 to the development agreement by and between the City of Beaumont and MPLD II Inland Empire LLC dated July 21, 2020 to restrict sewer flows which also currently applies to the Property as provided in this Agreement.

WHEREAS, City and developer desire to amend and restate the Development Agreement as provided in this Agreement to convey two parcels as follows: Parcel 1 of Parcel Map 36426 (APNs 424-010-011 and 016) ULC Property to MPLD Inland Empire ULC, LLC and Parcel 2 of Parcel Map 36426 (APN 424-010-012) KRB Property to MPLD Inland Empire KRB, LLC with all rights and responsibilities of the development agreement relative to these properties being conveyed with these assignments.

WHEREAS, the Subject Properties are subject to the following entitlements: General Plan Amendment 11-GPA-02, Hidden Canyon Specific Plan 11-SPA-01, Hidden Canyon EIR and Addendum, Parcel Map 36426 and Plot Plan PP2018-0134 (“Development Approvals” or “Project”); and

WHEREAS, Developer is not requesting any form of financial assistance from City to locate, develop, construct and/or operate the Project in the City of Beaumont, and agrees to comply with all conditions of approval; and

WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Sections 65864 et seq. of the California

2 Government Code, "Development Agreement Statute" which authorizes cities to enter into property development agreements with any person(s) or entity(ies) having a legal or equitable interest in real property for the development of such real property in order to establish certain development rights in the real property; and

WHEREAS, under Government Code Sections 65864 et seq. and Beaumont City Council Resolution No. 1987-34 a development agreement is intended to provide assurances to developer that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval, and provide assurances that City cannot otherwise unilaterally impose conditions of approval of the project outside the context of a negotiated development agreement; and

WHEREAS, based on the foregoing recitals, City has determined that this Agreement is appropriate under Government Code Sections 65864 et seq. and Beaumont City Council Resolution No. 1987-34; and

WHEREAS, this Agreement is voluntarily entered into in consideration of the benefits to and the rights created in favor of each of the parties hereto and in reliance upon the various representations and warranties contained herein; and

WHEREAS, City, as "Lead Agency" under the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, has determined that the "Project," as more fully described in this Ordinance, has been fully analyzed under CEQA and CEQA Guidelines and is subject to a certified EIR and addendum.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
BEAUMONT DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS

That the above Recitals are true and correct and are incorporated as though fully set forth herein.

SECTION 2. APPROVAL OF AMENDED AND RESTATED

DEVELOPMENT AGREEMENT

That the City Council hereby approves the Amended and Restated Development Agreement by and Between the City of Beaumont and MPLD II Inland Empire, LLC, MPLD Inland Empire ULC, LLC and MPLD Inland Empire KRB, LLC ("Development Agreement"), a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference, subject to the terms and conditions stated therein.

SECTION 3 . SEVERABILITY

That the City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court

3 action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.

SECTION 4. EFFECTIVE DATE OF ORDINANCE

That this Ordinance shall take effect thirty (30) days after its second reading by the City Council.

SECTION 5. EFFECTIVE DATE OF DEVELOPMENT AGREEMENT

The Development Agreement shall not be executed by the City until on or after the effective date of the Ordinance.

SECTION 6. REPEAL OF CONFLICTING PROVISIONS

That all the provisions of the Beaumont Municipal Code as heretofore adopted by the City of Beaumont that are in conflict with the provisions of this ordinance are hereby superseded to the extent of such inconsistency.

SECTION 7. RECORDATION OF DEVELOPMENT AGREEMENT

The City Clerk is hereby directed to record the fully executed Amended and Restated Development Agreement with the Riverside County Recorder no later than ten (10) days after its execution.

SECTION 8. CERTIFICATION

That the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.

PASSED AND ADOPTED THIS 15th day of NOVEMBER 2022.

CITY OF BEAUMONT CITY COUNCIL
____________________________
Lloyd White, Mayor
ATTEST:
____________________________
Nicole Wheelwright, Deputy City Clerk

APPROVED AS TO FORM:
___________________________
John Pinkney, City Attorney

4 EXHIBIT “A”

5 EXHIBIT “B”

north
Tabulation
Site Plan
February 09, 2016 / Job #10282Beaumont, California
Legend
Aerial Map
SITE
Scheme 22
Building 1 Building 2 Parcel "B" Total for Bldg 1, Parcel "A" Parcel "C" 4th Street Lot 2 Total Parcel 1 Parcel 2 Bldg 2 & Parcel B (Lot 1)
Site Area ( Gross )
sq.ft.4,373,547 3,057,854 238,393 7,669,794 85,269 875,262 254,916 10,793 8,896,034 sf acres 100.403 70.199 5.473 176.074 1.958 20.093 5.852 0.248 204.225 acres Site Area ( Net )
sq.ft.3,715,568 2,496,565 215,520 6,427,653 85,269 869,635 254,916 10,793 acres 85.298 57.313 4.948 147.56 1.958 19.964 5.852 0.248 Building Area 1,867,040 1,000,170 2,867,210
Coverage ( Net ) 50.2% 40.1% 44.6%
Parking Provided
standard 314 494 808
trailer 423 425 848
Parking Provided
Provided 737 919 1656

5291.038.2540121.1

1 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Holly H. Fuller, Esquire
Golden Steves & Gordon LLP
200 E. Basse Road, Suite 200
San Antonio, Texas 78209

SPACE ABOVE THIS LINE FOR RECORDER’S USE

ASSIGNMENT OF AMENDED AND RESTATED DEVELOPMENT AGREEMENT (PARTIAL)

This Assignment of Amended and Restated Development Agreement (Partial) (this "Assignment"), dated _____________, 2022 ("Effective Date"), is entered into by and between MPLD II INLAND EMPIRE, LLC, a Delaware limited liability company ("Assignor"), and MPLD INLAND EMPIRE ULC, LLC, a Delaware limited liability company ("Assignee").

Recitals
A. On August 4, 2020, the City of Beaumont ("City") and Assignor entered into that certain Amended and Restated Development Agreement by and between City of Beaumont and MPLD II Inland Empire, LLC (the "Development Agreement") pursuant to which Assignor obtained agreements to develop certain property more particularly descried in the Development Agreement ("Overall Property"), subject to certain conditions and obligations set forth in the Development Agreement. The Development Agreement was recorded in the Official Records of Riverside County on October 21, 2020, as Document Number 2020-0507277.

B. By Grant Deed recorded on February 14, 2022, as Document Number 2022-0073809, Assignor conveyed a portion of the Overall Property, commonly known as Parcel 1 of Parcel Map No. 36426, Assessor's Parcel Numbers 424-010-011 and 424-010-016 (collectively, "ULC Property"), to Assignee.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby assigns, sells, transfers, sets over and delivers unto Assignee, all of Assignor's right, title, interests, burdens and obligations as the Developer under the Development Agreement with respect to, and only with respect to, the ULC Property, without representation or warranty of any kind, and Assignee hereby accepts such assignment.

Agreement

1. Effective Date. This Assignment shall be effective and binding as of the date of recordation in the Official Records of Riverside County, California (the "Effective Date").

5291.038.2540121.1

2 2. Assignment. Assignor hereby assigns to Assignee, effective as of the Effective Date, all of Assignor's rights, interests, duties, burdens and obligations under the Development Agreement with respect to the ULC Property ("Assumed Rights and Obligations").

3. Assumption. Assignee hereby assumes, effective as of the Effective Date, all of the Assumed Rights and Obligations of Assignor under the Development Agreement with respect to the ULC Property, and agrees to observe and fully perform all of the Assumed Rights and Obligations of Assignor under the Development Agreement with respect to the ULC Property, and to be subject to all the terms and conditions thereof. The parties intend hereby that, upon the recordation of this Assignment, Assignee shall be substituted for Assignor as the "Developer" under the Development Agreement with respect to the ULC Property.

4. Successors and Assigns. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

IN WITNESS WHEREOF, Assignor and Assignee have duly executed this Assignment as of the day and year written above.

ASSIGNOR:

MPLD II INLAND EMPIRE, LLC,
a Delaware limited liability company

By: MPLD II REIT A,
a Texas real estate investment trust,
its sole member

By
Name:

Title:

ASSIGNEE:

MPLD INLAND EMPIRE ULC, LLC,
a Delaware limited liability company

By: MPLD II REIT A,
a Texas real estate investment trust,
its sole member

By
Name:

Title:

STATE OF TEXAS §
§
COUNTY OF BEXAR §

This instrument was acknowledged before me on the _____ day of __________________, 2022, by _____________________, the __________________ of MPLD II REIT A, a Texas real estate investment trust, on behalf of said entities.

______________________________
Notary Public
My Commission Expires: _________

5291.038.2540121.1

3 APPROVAL BY THE CITY OF BEAUMONT

The City of Beaumont, pursuant to Section 17 of the Development Agreement, hereby consents to the assignment by Assignor to Assignee. The City acknowledges that the Assignee shall not be liable for any obligations owed under the Development Agreement by any other party to the Development Agreement or for any other real property referenced in the Development Agreement (i.e., APNs 424-010-012, 424-010-013, 424-010-014, 424-010-015, 424-010-017 or 424-010-18).

CITY OF BEAUMONT

APPROVED:

___________________________
By: Mayor Lloyd White

ATTEST:

_____________________________
City Clerk

APPROVED AS TO FORM

______________________________
City Attorney

5291.038.2540121.1

EXHIBIT A

Legal Description of ULC Property

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL A:

PARCEL 1 OF PARCEL MAP NO. 36426, IN THE CITY OF BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 242, PAGES 24 THROUGH 29 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THEREFROM SEVENTY-FIVE PERCENT OF ALL OIL AND MINERAL RIGHTS, AS RESERVED IN DEED FROM DELBERT C. FOWLER ET AL RECORDED FEBRUARY 4, 1960, IN BOOK 2628, PAGE 168 AND RE-RECORDED FEBRUARY 10, 1960, IN BOOK 2631, PAGE 519, BOTH OF OFFICIAL RECORDS.

APN: 424-010-011 AND 424-010-016
PARCEL B:

NON-EXCLUSIVE EASEMENTS AS MORE PARTICULARLY DESCRIBED IN THAT CERTAIN DOCUMENT ENTITLED “DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR

BEAUMONT CROSSROADS LOGISTICS II PARK, AN INDUSTRIAL COMMON INTEREST DEVELOPMENT” RECORDED OCTOBER 28, 2020 AS INSTRUMENT NO. 2020-0524170 OF OFFICIAL RECORD AND ANY PROPER AMENDMENTS OR MODIFICATIONS THERETO.

5291.023.2540123.1

1 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Holly H. Fuller, Esquire
Golden Steves & Gordon LLP
200 E. Basse Road, Suite 200
San Antonio, Texas 78209

SPACE ABOVE THIS LINE FOR RECORDER’S USE

ASSIGNMENT OF AMENDED AND RESTATED DEVELOPMENT AGREEMENT (PARTIAL)

This Assignment of Amended and Restated Development Agreement (Partial) (this "Assignment"), dated _____________, 2022 ("Effective Date"), is entered into by and between MPLD II INLAND EMPIRE, LLC, a Delaware limited liability company ("Assignor"), and MPLD INLAND EMPIRE KRB, LLC, a Delaware limited liability company ("Assignee").

Recitals
A. On August 4, 2020, the City of Beaumont ("City") and Assignor entered into that certain Amended and Restated Development Agreement by and between City of Beaumont and MPLD II Inland Empire, LLC (the "Development Agreement") pursuant to which Assignor obtained agreements to develop certain property more particularly descried in the Development Agreement ("Overall Property"), subject to certain conditions and obligations set forth in the Development Agreement. The Development Agreement was recorded in the Official Records of Riverside County on October 21, 2020, as Document Number 2020-0507277.

B. By Grant Deed recorded on July 16, 2021, as Document Number 2021-0429144, Assignor conveyed a portion of the Overall Property, commonly known as Parcel 2 of Parcel Map No. 36426, Assessor's Parcel Number 424-010-012 ("KRB Property"), to Assignee.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby assigns, sells, transfers, sets over and delivers unto Assignee, all of Assignor's right, title, interests, burdens and obligations as the Developer under the Development Agreement with respect to, and only with respect to, the KRB Property, without representation or warranty of any kind, and Assignee hereby accepts such assignment.

Agreement

1. Effective Date. This Assignment shall be effective and binding as of the date of recordation in the Official Records of Riverside County, California (the "Effective Date").

5291.023.2540123.1

2 2. Assignment. Assignor hereby assigns to Assignee, effective as of the Effective Date, all of Assignor's rights, interests, duties, burdens and obligations under the Development Agreement with respect to the KRB Property ("Assumed Rights and Obligations").

3. Assumption. Assignee hereby assumes, effective as of the Effective Date, all of the Assumed Rights and Obligations of Assignor under the Development Agreement with respect to the KRB Property, and agrees to observe and fully perform all of the Assumed Rights and Obligations of Assignor under the Development Agreement with respect to the KRB Property, and to be subject to all the terms and conditions thereof. The parties intend hereby that, upon the recordation of this Assignment, Assignee shall be substituted for Assignor as the "Developer" under the Development Agreement with respect to the KRB Property.

4. Successors and Assigns. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

IN WITNESS WHEREOF, Assignor and Assignee have duly executed this Assignment as of the day and year written above.

ASSIGNOR:

MPLD II INLAND EMPIRE, LLC,
a Delaware limited liability company

By: MPLD II REIT A,
a Texas real estate investment trust,
its sole member

By
Name:

Title:

ASSIGNEE:

MPLD INLAND EMPIRE KRB, LLC,
a Delaware limited liability company

By: MPLD II REIT A,
a Texas real estate investment trust,
its sole member

By
Name:

Title:

STATE OF TEXAS §
§
COUNTY OF BEXAR §

This instrument was acknowledged before me on the _____ day of __________________, 2022, by _____________________, the __________________ of MPLD II REIT A, a Texas real estate investment trust, on behalf of said entities.

______________________________
Notary Public
My Commission Expires: _________

5291.023.2540123.1

3 APPROVAL BY THE CITY OF BEAUMONT

The City of Beaumont, pursuant to Section 17 of the Development Agreement, hereby consents to the assignment by Assignor to Assignee. The City acknowledges that the Assignee shall not be liable for any obligations owed under the Development Agreement by any other party to the Development Agreement or for any other real property referenced in the Development Agreement (i.e., APNs 424-010-011, 424-010-013, 424-010-014, 424-010-015, 424-010-016, 424-010-017 or 424-010-18).

CITY OF BEAUMONT

APPROVED:

___________________________
By: Mayor Lloyd White

ATTEST:

_____________________________
City Clerk

APPROVED AS TO FORM

______________________________
City Attorney

5291.023.2540123.1

EXHIBIT A

Legal Description of KRB Property

ALL THAT CERTAIN REAL PROPERT Y SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL ONE
PARCEL 2, AS SHOWN ON THAT CERTAIN MAP ENTITLED “PARCEL MAP NO. 36426,” RECORDED MARCH 16, 2017, IN BOOK 242 OF PARCEL MAPS, AT PAGE 24 THROUGH 29, INCLUSIVE, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

EXCEPTING THEREFORE THAT PORTION OF SAID PARCEL 2, DESCRIBED AS FOLLOWS:

THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 2, SOUTH 87º44'33" WEST 126.89 FEET;
THENCE NORTH 47º15'27" WEST 82.18 FEET TO A LINE PARALLEL WITH AND DISTANT WESTERLY 185.00 FEET MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE OF SAID PARCEL 2;
THENCE NORTHERLY ALONG SAID PARALLEL LINE, NORTH 02º15'27" WEST 297.70 FEET; THENCE NORTH 57º44'33" WEST 103.33 FEET;
THENCE SOUTH 82º15'27" EAST 96.99 FEET TO A POINT IN SAID EASTERLY LINE, DISTANT THEREON NORTH 02º15'27" WEST 390.63 FEET MEASURED SAID EASTERLY LINE FROM THE SOUTHEAST CORNER OF SAID PARCEL 2;
THENCE SOUTHERLY ALONG SAID EASTERLY LINE SOUTH 02º15'27" EAST 390.63 FEET TO THE POINT OF BEGINNING.

THIS LEGAL DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NUMBER 2021-LLA-0026 RECORDED FEBRUARY 10, 2022, DOCUMENT NO. 2022- 0070071, OFFICIAL RECORDS AND BEING ADJUSTED PARCEL A THEREIN.

PARCEL TWO

THE RIGHTS AND EASEMENTS CONTAINED IN THE DECLARATION OF COVENANTS,

CONDITIONS AND RESTRICTIONS FOR BEAUMONT CROSSROADS LOGISTICS PARK II, RECORDED OCTOBER 29, 2020, AS DOCUMENT NO. 2020-0524170, OFFICIAL RECORDS OF RIVERSIDE COUNTY, AND ANY PROPER AMENDMENTS OR MODIFICATIONS THERETO.

Staff Report

TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE November 15, 2022
SUBJECT: Public Hearing and Consideration of a Request to Modify Conditions of Approval for Tentative Tract Map 32850 (TM2022-0009) and Consideration of a Third Amendment to a Settlement Agreement Exempt under CEQA Section 15061(b)(3)

Description This item is continued from City Council meetings on October 18 and November 1, 2022. This is a request to amend the Conditions of Approval for Tentative Tract Map No. 32850 and consider a third amendment to an existing settlement agreement.

Background and Analysis:

The applicant is requesting to modify 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 7,200 to 15,79 4 square feet, however, was reduced to 103 due to the existence of a gas line along the southerly property line. The conditions of approval were subsequently amended in 2007. 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.

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 the Childhelp Center 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

Staff and project representatives have worked diligently to address concerns identified by the project representatives. Staff is recommending the condition modifications as follows:

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.

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 map the issuance of the first residential building permit.

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(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.

5.9 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. 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 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:

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.

5.13 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.

Along with the modifications shown above, non-substantive language cleanup has been incorporated into the conditions and is shown in the redline version included as Attachment A to this report.

In addition to the amended conditions, a third amendment to an existing settlement agreement is proposed (Attachment B). The original settlement agreement was entered into on November 17, 2020. The first amendment was in February 2021 and the second amendment was in February 2022. The third amendment to the settlement agreement will include the following:

1. Except as otherwise set forth in this Agreement, Owner shall develop the Property in compliance with applicable provisions of the Beaumont Municipal Code for residential single-family homes and residential single-family zone development standards.

2. Pad elevations on two story homes shall be at least 16 feet below the top of the six foot block wall at the rear of the lots along Manzanita Road and the Western subdivision boundary. Buildings shall not exceed 28 feet in height.

3. The minimum lot area for lots within the Property shall be 7,200 square feet.

4. All lots within the Property shall provide a minimum 20 feet front setback for one - or two-story structures from the public right of way to the house. 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 the sidewalk and the face of the garage door.

5. All lots shall provide a minimum 15 feet average flat rear yard setback for one- or two-story structures and no less than 20 feet rear yard setback to a property line.

6. The number of two-story single family residential homes on the Property shall not exceed 45.

7. Except as the conditions of approval are amended herein, all conditions of approval for development of the Property, as set forth in attachment “A” hereto, shall remain in full force and effect.

8. Owner shall not request any further modifications to this Agreement or the conditions of approval for development of the property.

9. Except as amended herein, all other terms of the Agreement and any amendments thereto shall remain in full force and effect. Owner shall not request or be

granted any further extensions of the time to complete its application and cause the recordation of the Final Tract Map.

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 as presented to City Council on October 18, 2022. The conditions as presented and as shown in Attachment A to this report reflect further discussions between the applicant and staff.

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 F). The Planning Department has received one comment email from the public prior to the Planning Commission meeting which is provided as Attachment G 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), a n 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 modifications of conditions and settlement agreement amendment are exempt through CEQA Section 15061(b)(3). 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 $2,500

Recommended Action:

Hold a Public Hearing; and
Approve the modifications to the conditions of approval for Tentative Tract Map No. 32850; and
Approve the third amendment to the settlement agreement for Tentative Tract Map 32850

Attachments:

A. Redlined Conditions of Approval
B. Third Amendment to the Settlement Agreement
C. Tentative Tract Map No. 32850
D. Aerial Photograph
E. Applicant’s letter dated August 16, 2022
F. Proof of Publication
G. 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.

CITY OF BEAUMONT

SUBDIVISION

CONDITIONS OF APPROVAL

TENTATIVE TRACT MAP NO. 32850
NEGATIVE DECLARATION NO. 04-ND-22
CONDITION MODIFICATION TM2022-0009
APN: 421428-110010-014018

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:

NOVEMBER 1, 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

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.

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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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TENTATIVE TRACT MAP NO. 32850
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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