Beaumont City Council
November 15, 2022

TENTATIVE TRACT MAP NO. 32850
Conditions of Approval

4.4 No grading permits shall be issued for any proposed new structures outside the areas shown on the approved tentative map unless otherwise approved by the Planning Director and the Public Works Director.

4.5 If grading is proposed for five (5) or more acres or is part of a larger project that will disturb five (5) or more acres it shall require a National Pollutant Discharge Elimination System (NPDES) Construction General Permit from the State Water Resources Control Board.

Grading permits shall not be issued until the Public Works Director has determined that the project has complied with the current City requirements for compliance with the NPDES Construction General Permit.

4.6 If the project grading is to be phased, prior to issuance of a grading permit, an overall conceptual grading plan shall be submitted to the Public Works Director and Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following:

a. Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process.

b. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of December through March.

c. Preliminary pad and roadway elevations.

d. Areas of temporary grading outside of a particular phase.

4.7 Driveways shall be designed so as not to exceed a fifteen (15) percent grade.

4.8 The subdivider shall provide evidence to the Public Works Director that all off-site grading areas have recorded grading and drainage easements and that maintenance responsibilities have been assigned as approved by the Public Works Director.

4.9 A qualified paleontologist shall be retained by the subdivider for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist, the City Public Works Director and the grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect, or halt grading activity to allow recovery of fossils. The paleontologist shall submit in writing to the Planning Director the results of the initial consultation and details of the fossil recovery plan if recovery was deemed necessary.

4.10 The subdivider shall pay at his or her sole expense and shall notify the Public Works Director in writing that the appropriate California Department of Fish and Game notification pursuant to Sections 1601/1603 of the California Fish and Game Code has taken place, or obtain an

TENTATIVE TRACT MAP NO. 32850
Conditions of Approval

"Agreement Regarding Proposed Stream or Lake Alteration" (Section 1601/1603 Permit) should any grading be proposed within or along the banks of any natural watercourse.

Copies of any agreement shall be submitted to the Public Works Director with the notification.

4.11 The subdivider shall pay at his or her sole expense and shall notify the Public Works Director in writing that the alteration of any watercourse or wetland complies with the U.S.

Army Corps of Engineers (Corps) Nationwide Permit Conditions or obtain a permit under Section 404 of the Clean Water Act should any grading or construction be proposed within or alongside the banks of the any watercourse or wetland where the Corps has jurisdiction.

Copies of any agreements shall be submitted to the Public Works Director along with the notification.

4.12 Grading plans shall be submitted to the Public Works Director for review and approval. The plans shall include an erosion and siltation control element, as necessary, to prevent graded and cleared areas from being eroded, resulting in the transport of sediment into the watercourses and downstream where it may affect downstream properties and habitat.

Approval of the grading plans is required to fulfill monitoring requirements of the California Environmental Quality Act (CEQA).

4.13 Any grading plans proposing grading adjacent to or within the open space lots shall be submitted to the Planning Director for review and approval.

4.14 Lots shall be graded to drain to the street with no cross lot drainage permitted. Lot drainage shall be indicated on all grading plans.

4.15 The subdivider shall submit two (2) copies of a soils report to the Public Works Director.

The report shall address the soils stability and geologic conditions of the site as approved by the Public Works Director.

5.0 BUILDING CONDITIONS

Prior to the issuance of BUILDING PERMITS, all the following conditions shall be satisfied:

5.1 The subdivider shall submit written clearances to the Planning Director that all pertinent requirements from the following agencies have been met:

City Public Works Department
Beaumont Unified School District
Beaumont-Cherry Valley Water District

5.2 A detailed wall and fencing plan shall be submitted to and approved by the Planning Director and shall show all project walls and fencing including, but not limited to, perimeter fencing, side and rear yard fencing, and open space or park fencing. A typical elevation of all walls and fences shall be shown on the wall and fencing plan. Decorative block walls shall be
Formatted: Character scale: 100%
Formatted: Justified, Indent: Left: 0.58", Hanging:

0.5", Right: 0.08", Space Before: 0 pt
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by

TENTATIVE TRACT MAP NO. 32850
Conditions of Approval

constructed along all side yards adjacent to streets and in locations as approved by the Planning Director. The wall plan shall be consistent with the acoustical report and recommendations prepared for the project.

5.3 Roof-mounted mechanical equipment shall not be permitted within the subdivision, however, solar equipment or any other energy saving devices shall be permitted with Planning Director approval.

5.4 Building separation between all buildings shall not be less than ten (10) feet. Fireplaces and media niches when connected to fireplaces may encroach one (1) foot into the side yard setback. Additional encroachments are allowed as approved by the Planning Director pursuant to an application for a setback adjustment.

5.5 All street side yard setbacks shall be a minimum of ten (10) feet.

5.6 All front yards shall be provided with landscaping and automatic irrigation systems, as approved by the Planning Director.

5.7 Wood fencing shall not be permitted in this subdivision. Acceptable materials include masonry, stucco or vinyl, as approved by the Planning Director.

5.8 All utility connections and easements shall be placed underground and shall not encroach into the driveway area unless otherwise approved by the Public Works Director.

5.9 A minor plot plan for all residential buildings, garages and accessory buildings shall be submitted to the Planning Director accompanied by applicable filing fees for a plot plan not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the City of Beaumont. The minor plot plan shall be reviewed and approved by the City Council., per the City Council at the April 17, 2007, City Council meeting. The meeting shall be publicly noticed in a newspaper of general circulation not less than 10 days prior to the hearing, in addition to notifying property owners within a 300-foot radius of the subject property. The minor plot plan shall contain the following elements:

a. A final site plan (1"=30' minimum scale precise grading plan) showing all lots, building footprints, setbacks, walls, fencing, the floor plan and elevations of individual lots.

b. One (1) color and materials sample board containing precise color texture and material swatches or photographs (which may be from supplier's brochures).

Indicate on the sample board the name, address and phone number of the preparer and the project applicant, the tract number, and the manufacturer and product numbers when feasible (trade names also acceptable).

c. One (1) set of architectural elevations colored to represent the selected color combinations, with symbols keyed to the color and materials sample board. Brief written color and material descriptions shall be located on the colored elevations.

Formatted: Character scale: 100%, Condensed by 0.1
pt
Formatted: Condensed by 0.1 pt
Formatted: Not Expanded by / Condensed by
Formatted: Font: 12 pt
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by

TENTATIVE TRACT MAP NO. 32850
Conditions of Approval

No landscaping or other enhancements shall be shown on the elevations. Enhanced or upgraded rear and side facing architectural features shall be included for dwelling units adjacent to and visible from public roadways.

d. Five (5) sets of photographic or color laser prints (8 X 10 in.) of the sample board and colored elevations shall be submitted for permanent filing.

The Minor Plot Plan shall require the approval of the Director of PlanningCity Council prior to issuance of building permits for lots included within the plot plan, including permits for model home complexes. The submittal and approval of plot plans may be phased provided:

a. A subdivision phasing plan has been submitted to and approved by the Planning Director and Public Works Director.

b. A separate plot plan shall be submitted to the Planning Director for each approved tract phase accompanied by the appropriate filing fees.

5.10 All residential units shall be served by a minimum of two access points at all times, for proper circulation and emergency vehicle ingress and egress, as approved by the Fire Department.

5.11 All residential and commercial structures shall be provided with “four-sided” architectural features. With respect to residential structures, this may take the form of edge trim on all exterior doors or windows, or other methods as approved by the Planning Director.

5.12 All residences must have illuminated address numbers.

5.13 A minimum of 50 Residences residences within the subdivision shall be limited to single- story residences., consistent with the plotting exhibit approved by the City Council on April 17, 2007.

6.0 FINAL INSPECTION/OCCUPANCY CONDITIONS

Prior to the FINAL BUILDING INSPECTION or issuance of OCCUPANCY PERMITS, which ever occurs first, all the following conditions shall be satisfied:

6.1 Decorative block and sound walls shall be constructed along all external tract boundaries subject to the approval of the Public Works Director and Planning Director. A graffiti resistant coating or landscaping shall be provided on all block walls.

6.2 All walls and fences shall be constructed subject to the approval of the Planning Director.

6.3 Wall and fence locations shall conform to the approved wall fencing plan and approved landscape and irrigation plans.

6.4 All landscaping and irrigation shall be installed in accordance with approved plans. If the seasonal conditions do not permit planting, interim landscaping, and erosion control measures shall be utilized as approved by the Planning Director and the Public Works Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Font: 12 pt
Formatted: Font: 12 pt, Not Expanded by / Condensed
by
Formatted: Font: 12 pt
Formatted: Font: 12 pt, Not Expanded by / Condensed
by
Formatted: Font: 12 pt
Formatted: Font: 12 pt, Not Expanded by / Condensed
by
Formatted: Font: 12 pt
Formatted: Font: 12 pt, Not Expanded by / Condensed
by
Formatted: Font: 12 pt
Formatted: Font: 12 pt, Not Expanded by / Condensed
by
Formatted: Font: 12 pt
Formatted: Font: 12 pt, Not Expanded by / Condensed
by
Formatted: Font: 12 pt
Formatted: Font: 12 pt, Not Expanded by / Condensed
by
Formatted: Font: 12 pt

TENTATIVE TRACT MAP NO. 32850
Conditions of Approval

Director.

6.5 A licensed landscape architect shall provide a Compliance Letter to the Planning Director and the Public Works Director stating that the landscape and irrigation system has been installed in compliance with the approved landscaping and irrigation plans and conditions of approval. The Compliance Letter shall be submitted at least three (3) working days prior to any final building inspection or issuance of any occupancy permits, whichever occurs first.

6.6 All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by a City field inspection at the direction of the Planning Director.

6.7 All driveways shall be concrete paved.

6.8 The required park facilities shall be completed and issued a final building permit inspection consistent with the phasing schedule to be developed in the implementation of the Recordation Conditions set forth herein.

6.9 The subdivider shall submit to the Planning Director a duly and completely executed agreement with a CFD or other maintenance entity approved by the Planning Director which demonstrates to the satisfaction of the City Attorney, Planning Director and Public Works Director that the subdivider has provided for the dedication and maintenance of landscaping, irrigation and open space areas. Model homes shall be exempt from this condition.

Formatted: Character scale: 100%
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Character scale: 100%
Formatted: Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Not Expanded by / Condensed by

Character scale: 100%

1 THIRD AMENDMENT TO SETTLEMENT, WAIVER AND RELEASE AGREEMENT

THIS THIRD AMENDMENT TO SETTLEMENT, WAIVER AND RELEASE
AGREEMENT (this "Amendment") is made and entered into as of the 15th day of November, 2022 ("Effective Date"), by and between the CITY OF BEAUMONT, CALIFORNIA, a general law city ("City") and Mozafar Behzad, Hamid Roknian and Rozita Roknian, as tenants in common, ("Owner"), with reference to the following facts and circumstances. City and Owner may hereinafter be referred to individually as "Party" and collectively as "Parties."

RECITALS
A. The Parties entered into that certain SETTLEMENT, WAIVER AND RELEASE AGREEMENT (“Agreement”) dated November 17, 2020.

B. The Parties entered into an Amendment to the Agreement on or about February 2, 2021 and entered into a Second Amendment to the Agreement in or about February 2022.

C. Owner has requested an additional amendment to the Agreement setting forth the terms and conditions set forth herein.

D. The Parties wish to amend the terms of the Agreement as provided in this Third Amendment.

NOW, THEREFORE, in consideration of the foregoing and in consideration of the mutual promises and covenants hereinafter set forth, the Agreement is amended as follows:

AGREEMENT

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 Park Road and the South and West subdivision boundaries. 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.

2 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.

IN WITNESS WHEREOF, the undersigned each has executed this Amendment as of the Effective date.

______________________________
MOZAFAR BEHZAD, Owner

______________________________
HAMID ROKNIAN, Owner

______________________________
ROZITA ROKNIAN, Owner

CITY OF BEAUMONT

By:

LLOYD WHITE, Mayor

*IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS
Legend
TM2022-0009 TTM32850 Aerial Photograph
Notes
REPORT PRINTED ON...9/6/2022 11:18:20 AM
0 1,539770 Feet
County Centerline Names
County Centerlines
Blueline Streams
City Areas
World Street Map

Jarnne’ J. Gardner
Project Management Services
22927 Timber Ridge Court
Wildomar, CA 92595 951-553-0841

_____________________________________________________________________________________________________________________

August 16, 2022

Christina Taylor, Deputy City Manager
Carole Kendrick, City Planner
City of Beaumont
550 E. 6th St.

Beaumont, CA 92223

Re: Request for Change of Conditions of Approval TTM 32850, #3.7, #3.16, 4d, and 5.13 Dear Ms. Kendrick and Ms. Taylor:

This letter is to request changes to the original Conditions of Approval issued July 2005. I am attaching a copy of the proposed redlined conditions for your review as well as a completed application.

3.7: Plans for park to be approved prior to final map recordation: We are requesting a change to the time the park plans are to be approved due to delays by the City in responding to whether the park was to be public or private. Due to this delay and the urgency for this map to record prior to expiring, we are requesting that plans be approved prior to first home building permit so that the map can record.

3.16: and 4d: Minimum pad width of 70’ and pad depth of 90’ exclusive of slopes.

We are requesting that this condition be eliminated as the lot sizes meet 7200 sq.ft. requirements as per City Zoning Ordinance. Grading pad elevations were improved since the Tentative Map conditions were issued. This requirement would force a hardship on the developer to put in retaining walls that are not required to meet standard setbacks.

There are approximately 45 lots that would be required to have retaining walls solely for the purpose of meeting this condition and negatively affect home owners.

5.13 Single Story Requirement: This condition only allowed single story homes and was later modified by City Council to allow two story homes on specific lots. This was stipulated because the initial grading design of 2005 was not the most optimum design,

which required tremendous import of the soil that caused the pad to be elevated, that’s why it imposed the restriction on the location of the two stories and single stories.

In 2015, the grading design was optimized and approved by the City, where the site was balanced without requiring import of any soil, and as such none of the pads were elevated. This correction eliminated the need for any restrictions on the location of the two stories and single story homes as well as requirements for the walls.

We greatly appreciate staffs approval of our requests and proceed to place us on the Planning Commission Agenda most urgently. Thank you.

Sincerely,

Jarnne’ J. Gardner
Project Manager

Cc: Hamid Roknian
Mozafar Behzad

From:Mary Daniel
To:Carole Kendrick
Subject:Tentative tract map 32850
Date:Sunday, September 04, 2022 3:21:10 PM
Thank you for sending this information -- you are absolutely right it does affect our property when 95 houses are planned for our property line, so we appreciate the heads up. I have several questions.

I don't know if you are aware but this project was first planned back in 2005 when the criminals were in charge of Beaumont. They were okaying anything and everything and these 95 houses were approved at that time although never completed. (One problem was that the developers never realized that there is a major gas line going thru that property. We brought this to the attention of the Planning Department after they had a tract map that had houses built on top of that line! We knew about the pipe line because it goes thru our property also.

Hopefully these new developers know that.) The original tract map was extended 3 times until 2010 and then because of assembly bills the expiration of that TTM was July 19, 2017..

Has it been renewed or re-approved since then? If so, we received no notification of that fact.

Isn't there a limitation on extensions and shouldn't this be considered a new project? Entitlements shouldn't be allowed to last forever should they? The second question is the Will Serve letter from the Beaumont CV water district. Are those also good forever? Especially in this time of great drought -- and with 2000 or so houses already approved but not yet built in Beaumont -- is this the time to add more houses? A final question is concerning the Condition of Approval that this developer wants to amend.

Is it the one that says that only one story houses can be built on this property? This item was a Condition of Approval because of the viewshed of Mt San Jacinto that these houses would obscure if they were those huge boxy 2 story houses that were going up all over Beaumont at the time. Another Condition of Approval was that the minimum lot size was to be 7,200 square feet. This condition was also because of the viewshed and to take into consideration that urban sprawl should not be allowed to infest the more rural aspects of south Beaumont, Both of these conditions were discussed and debated by the City Council at the time and it was agreed that this particular area of Beaumont should be different -- because it is different -- and thus single story houses were made a Condition of Approval.

Now if this developer says that the houses in the development right next door are two story -- they didn't start out that way. When building first started, they were supposed to be 1 1/2 story, but somewhere along the line when that developer went kaput and another came in -- that requirement was lost in the shuffle and the remaining houses became 2-story. Remember this was around 2011 and the economy was such that these houses were originally built to be rentals.

I'm giving you this background because you are probably not aware of the discussions that were held to try and keep the south of Beaumont relatively rural and the reasons that the Condition of Approval for single story houses and larger lots was made. I'm sure these new developers are from out of the area and cannot understand why they shouldn't be allowed to build whatever will give them the most return on their investment. But I think they need to be made aware of these things.

Again thank you for keeping us in the loop. I will be in touch. Would you please send me the agenda with the packet information when it becomes available? Thank you, Mary Daniel, (951)845-1475
.

Staff Report

TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE November 15, 2022
SUBJECT: Update on Status of Matter Considered at the March 15, 2022, City Council Meeting Regarding Consideration of Possible Amendments to Settlement Agreement, Mitigation Measures, and Conditions of Approval Relating to the Noble Creek Vistas Specific Plan

Description Follow up item to the previous City Council item related to the Noble Creek Vistas Specific Plan presented at the March 15, 2022, City Council Meeting Background and Analysis:

On March 15, 2022, staff presented an item to City Council regarding a request to amend an existing settlement agreement and consider possible amendments to conditions of approval for the Noble Creek Vistas Specific Plan. At that meeting, City Council direction was given in the form of a motion and unanimous vote directing staff to speak with CVAN regarding their willingness to participate in discussions and if CVAN was willing to participate, to work with the applicant /developer on revising the traffic study including analysis at a threshold of LOS C or better. The staff report (Attachment A) and minutes (Attachment B) from the March 15, 2022, meeting are included as attachments to this report.

Fiscal Impact:

The cost to prepare this staff report is approximately $150.

Recommended Action:

Receive an update on developer’s progress related to completion of a traffic study and revised settlement agreement with CVAN per City Council’s direction and motion on March 15, 2022.

Attachments:

A. March 15, 2022, Staff Report

B. March 15, 2022, Minutes

Staff Report

TO: City Council
FROM: Julio Martinez III, Mayor Pro Tem
DATE November 15, 2022
SUBJECT: Discussion on the Creation of a Beaumont Youth Council to Serve as an Advisory Board to the Beaumont City Council

Description To provide youth engagement and assist in problem solving solutions.

Background and Analysis:

Many government agencies create a youth advisory council to facilitate active and consistent engagement from young community members, particularly at the high school level. Youth councils are a group of engaged, motivated high school students that serve as an advisory board to the legislative body, in this case City Council. The Youth Council would identify youth related problems and participate in community service/volunteer activities throughout the community. The Youth Council would have the opportunity to convey their concerns and provide problem -solving solutions to City Council and staff about ways to enhance the quality of life within our community.

The proposed program would include 20 to 25 high school students from high schools in Beaumont. Within the Youth Council, 5 members would be elected to a Board of Directors with positions including: Director, Assistant Director, Secretary and two Philanthropic Chair/Event Coordinator.

Monthly meetings would be held at the Civic Center and members would attend various community events, such as State of the City. In addition, the group would perform community service on projects held during evenings and weekends. The term of the Youth Council would coincide with the school’s calendar year – August to June.

Youth Council members would be expected to maintain a 2.5 GPA, be in good standing with their school, and provide their own transportation to meetings and events.

Additionally, Youth Council members would have the opportunity to learn about several areas of local government and participate in a “shadow” day with one department.

Attached to this staff report are draft proposed documents to implement a Beaumont Youth Council (Attachment A).

Fiscal Impact:

The cost to implement this program would be absorbed in the departmental budgets for Fiscal Year 2022-2023.

Recommended Action:

Review, discuss, and provide direction on creating the proposed Beaumont Youth Council to serve as an advisory board to the Beaumont City Council.

Attachments:

A. Draft Beaumont Youth Council forms

Staff Report

TO: City Council
FROM: Elizabeth Gibbs, City Manager
DATE November 15, 2022
SUBJECT: Discussion on Retaining the Services of an Owner’s Representative/Program Manager Services Firm for the New Police Station Capital Improvement Project (CIP PS-07)

Description Discuss the possibility of retaining a firm to provide an owner’s representative/program manager service for the future police station capital improvement project.

Background and Analysis:

On February 1, 2022, Council was provided an update on the progress of the feasibility study for a new police station. At that meeting, the consultant had completed three of the six tasks included in their scope of work, including: data collection, space n eeds assessment by population growth, and facility tours. From there, the consultant moved onto the last three tasks, including: floor plan development and building elevations, construction cost estimates, and finally, a final report to City Council, which were all presented on September 20, 2022. The cost estimate at that time was $62,000,000 for a $52,000 square foot building with an outbuilding and parking lot.

At the September meeting, Council directed staff to hold a workshop at a future date to further discuss the details of the design and cost of the proposed conceptual plan.

Since that meeting, multiple other capital improvement projects have been added to the City’s adopted Capital Improvement Plan (CIP). However, the future police station is the largest of the projects included in the program. With that in mind, staff reached out to other local government agencies that are currently building either a new police station, a new civic center, or both and have found that other agencies have retained s ervices of an owner’s representative/program manager services firm with extensive experience in planning, design, financing, permitting, and construction. Additionally, staff noted that the firms were retained very early in the capital project to ensure that those cities had a qualified consultant onboard that could provide the necessary services needed to assist the City in managing the project from beginning to end.

After internal discussions amongst staff and agreement that there exists within the organization, a lack of manpower to successfully complete such a large scale project, a scope of work was drafted and attached tonight for review and discussion by City Council.

The proposed scope of services includes such items as:

 Project delivery and organization strategy, development, and implementation.  Identification and evaluation of Project delivery strategies  Environmental strategy development, implementation, and monitoring through all Project phases.
 Review and provide recommendations for funding options for each building.  Design reviews and various analysis, assessments, evaluations, and other such input as requested by City.
 Project Management for planning, design, and construction phases.  Preparation/review of requests for qualifications (RFQs) and requests for proposals (RFPs) related to the Projects (e.g., design consultant(s), construction manager(s), developer(s)).
 Evaluation and selection of design and construction teams including participation in interviews and bidders conference(s).
 Review of all contract documents related to the Projects.  Analyze Project plans and specifications for possible errors, deficiencies, or potential problems and recommend sound engineering corrections/solutions to the City.
 Identify design/construction alternatives that may be employed to reduce Project duration and costs and minimize conflicts between the proposed improvements and existing site improvements and utilities.
 Coordination and management of other consultants associated with Projects under contract to the City. Technical and management staff support.  Coordination with regulatory agencies.
 Other services as needed for Projects.

Should Council approve an owner’s representative/program manager services, staff would expeditiously advertise a request for proposal in accordance with the Beaumont Municipal Code and bring a recommended contract award back to City Council in January/February 2023.

Fiscal Impact:

There is no fiscal impact with discussing the concept presented. However, the CIP P S- 07 has a remaining balance of $2,000,000 in which to apply to any future contract award. Should the balance be less than needed to award the contract, staff would recommend alternate funding sources at the time of contract award.

Recommended Action:

Discuss, review the draft scope of services, and direct staff to issue a request for proposal to retain the services of an owner’s representative/program manager services firm for the new police station capital improvement project (CIP PS-07).

Attachments:

A. Scope of Services

OWNER’S REPRESENTATIVE/PROGRAM MANAGEMENT SERVICES FOR

BEAUMONT POLICE STATION

SCOPE OF SERVICES:

Purpose:

The City of Beaumont is a general law city incorporated in 1912, currently service a population of approximately 55, 000 residents and located in Western Riverside County. The anticipated population at build out is approximately 80,000. The City operates under a council-manager form of government which consists of a Mayor, Mayor Pro Tem, three Council Members and the City Manager. Council Members are elected by the people and serve at-large. The positions of Mayor and Mayor Pro-Tem are rotated among the elected Council Members. The City Clerk and City Treasurer are elected positions, each for a four-year term.

The City’s established Police Department has significantly increased the number of personnel serving the community in all departments since the early 2000s when Beaumont was the fastest growing city in the State of California for multiple years. The Police Department operations are currently located in downtown with a sub-station on the east end of the city. The current space is not adequate to support law enforcement operations long-term. As such, the City is seeking to create a long-term facilities development strategy to support police operations now and into the future.

Project Summary:

The City of Beaumont (“City”) is seeking proposals from experienced parties qualified to provide Owner’s Representation / Program Management Services for a capital building project including a new Police Station (the “Project”). The City desires to retain Owner’s Representative / Program Management Services (the “Proposer”) to gain the benefit of experience and expertise in program management, project delivery, design, permitting, engineering, environmental, project funding review, and construction / value engineering support services for capital building projects, as well as augmentation of the City’s staff to deliver the Project. The Proposer is asked to formulate strategies collaboratively with the City on how to deliver the Project and their components, and then implement these delivery strategies. The proposer will also be asked to work in coordination with the financial advisory firm engaged to develop the financing plan for the Project and identify grant funding opportunities. The City is considering design-build, lease-lease back, and design- bid-build delivery options for the Project with Owner’s Representative / Program Manager oversight provided through project completion. By incorporating innovative design solutions, the City intends to develop energy-and operationally-efficient spaces that create a sense of place and provide for a people-centric environment that fosters collaboration and communication amongst employees, elected officials, and with the community they serve.

Proposer will work with City staff and all associated consultants in financing, planning, designing, and constructing the:

1. Police Station (approx. 52,000 square feet including an emergency operations center and public safety answering point/dispatch center) located on an undeveloped parcel of land at Potrero Blvd. and Olivewood Way. (adjacent to Fire Station 106, APN No. 414-120-042).

Operational space needs assessments and conceptual site plans for the future Police Station have been developed for the building and parking components needed and are attached to this request for proposal (RFP) under Exhibit _.

Scope of Work:

The City will evaluate Proposers’ experience, team, approach, and references delivering similar capital (Civic) building projects for local government agencies. Responses to this RFP are sought from Proposers with the ability to perform all requisite services related to managing the Projects through planning, design, and construction including but not limited to:
 Project delivery and organization strategy, development, and implementation .  Identification and evaluation of Project delivery strategies  Environmental strategy development, implementation, and monitoring through all Project phases.
 Review and provide recommendations for funding options for each building.  Design reviews and various analysis, assessments, evaluations, and other such input as requested by City.
 Project Management for planning, design, and construction phases.  Preparation/review of requests for qualifications (RFQs) and requests for proposals (RFPs) related to the Projects (e.g., design consultant(s), construction manager(s), developer(s)).  Evaluation and selection of design and construction teams including participation in interviews and bidders conference(s).
 Review of all contract documents related to the Projects.  Analyze Project plans and specifications for possible errors, deficiencies, or potential problems and recommend sound engineering corrections/solutions to the City.  Identify design/construction alternatives that may be employed to reduce Project duration and costs and minimize conflicts between the proposed improvements and existing site improvements and utilities.
 Coordination and management of other consultants associated with Projects under contract to the City. Technical and management staff support.
 Coordination with regulatory agencies.
 Other services as needed for Projects.

Selection Process:

All proposals will be reviewed by a Selection Committee. The various selection criteria are summarized below. The City’s final selection will not be dictate d on any single factor including price. A firm may be eliminated from consideration for failure to comply with any of the requirements of this RFP, depending upon the critical nature of such requirements. Proposals will be evaluated on the criteria specified below:

1. Project Understanding (20%)
The proposed staff and subconsultant adequately demonstrates an understanding of the Project Scope, familiarity with the project area, required standards, and procedures.

Proposal response:

a. Conveys an understanding of the intent of the Project and an understanding of the City’s expectations of the proposed firm upon implementation of the Project.

b. Identifies “key” or “critical” issues that may be encountered on the Project based on

the firm’s prior experiences; provide steps to be taken to ensure the issues do not affect the successful delivery of the Project.

2. Project Approach (25%)
Proposed approach to the Project including the expected time commitment of key personnel, technical approach to the Project, and the emphasis placed on individual elements to successfully deliver the Project.

a. Proposal response includes a detailed technica l scope of work identifying all tasks and sub-tasks required to successfully complete the work. The outline of tasks and sub-tasks must be thorough and complete and will be used as the scope of work included in the selected firm’s contract.

3. Proposed Staffing Plan and Qualifications (35%)
Qualifications of the staff and subconsultant assigned to manage and provide services related to the Project, experience with similar projects. Evaluation of proposed staff role on past projects and competence in the services to be provided. At a minimum, Proposal response includes:

a. List the name and qualifications of the Project Manager that will be assigned to the Project.

b. Identifies the projects the Project Manager and key staff members.

c. Identifies how many years the Project Manager has been currently employed with the Consultant’s firm.

d. Identifies how the Project Manager can or will have sufficient time to devote to the project.

4. Firm Qualifications (15%)
Financial strength and stability of the firm and the sub consultants, adequacy of labor commitment and augment resources, favorable references of recent successful completion of similar projects, and historical positive relationships with the City on past projects.

For the primary individual/firms and all sub-consultants, provide reference information and brief project descriptions for at least three (3) current clients. Reference projects should have been completed within the last ten (10) years and similar in nature to those described in this RFP, including at least one (1) essential services facility with an emergency operations center and public safety answering point/dispatch center. Please include the following information:

a. Name of client;
b. Name and title of client’s primary contact;
c. Telephone number, fax number, email address, and mailing address of the client’s primary contact; and
d. A brief description of the types of services provided, the overall scope of the project, duration of the project and the status of the project.

The City reserves the right to contact any or all the listed references regarding the services performed by the Proposer.

5. Proposal Submission (5%)
Quality of proposal and conformance with RFP guidelines and requirement

Attachments & Exhibits:

Attachment A: Cost Proposal & Acceptance of Proposed Contract/Agreement (See attached documents to the PDF) (Must be completed and returned with accompanying proposal as a Separate Attachment (Cost Proposal).

Cost Proposal & Acceptance of Proposed Professional Services Agreement:

Provide a proposed schedule of total fees for all components of the scope that you are submitting a proposal for and a listing of other estimated direct costs. Include a breakdown by project phase, personnel classification, and hourly rate. The fees must include all reimbursable expenses to successfully complete the project.

Staff Report

TO: City Council
FROM: Jeff Hart, Public Works Director
DATE November 15, 2022
SUBJECT: Citywide Truck Routes and Traffic Efficiency

Description Discussion regarding existing and potential truck routes throughout the City of Beaumont, particularly in the southeast portion of the City.

Background and Analysis:

Existing, and future truck traffic congestion in the City has been identified by City Council as a concern and potential solutions have been requested. Extensive growth, particularly in the past 20 years, has led to impacted roadways and increased delays on major corridors. Congestion relief will be realized from several large-scale projects, such as:

 Highland Springs Interchange
 Pennsylvania Avenue Interchange
 Pennsylvania Avenue Widening
 Pennsylvania Avenue Grade Separation
 Second Street Extension

Though the aforementioned projects will bring much needed relief, they are not expected to come online for 1.5-5 years. Identifying potential solutions that can be implemented in the immediate future will help bridge the gap between now, and the time that the larger improvements are constructed.

Truck Priority Network

Per the 2020 General Plan, a truck priority network has been identified (Attachment A, exert below). Per this network, both Highland Springs and First Street have been identified as “priority”. Truck routes prioritize automobile and heavy vehicle usage.

Roadways in the system that are not designated truck routes are restricted to trucks under five tons, except for vehicles making pickups or deliveries within the City limits.

Future Congestion

Entitled development in the area east of the City has the potential to create significant congestion to existing corridors which are already overly impa cted. Identifying potential mitigations prior to implementation of interchange improvements is prudent to orderly development. The ability to minimize impacts to corridors and major intersections which are already failing must be assessed.

Potential Mitigations

At the November 1, 2022 City Council meeting, $250,000 was allocated for a city-wide traffic analysis. The intent of the analysis is to identify potential solutions to improve traffic efficiency throughout the City. Staff intends to develop a Request for Proposals (RFP) in order to engage a qualified traffic engineering consultant to assess potential solutions which will ease congestion. As part of the scope, staff will include a requirement to review the existing Truck Priority Network (network) and modify if necessary. The network currently shows Highland Springs Avenue (between First

Street and Brookside Avenue), and First Street (between Highland Springs Avenue and Viele Avenue) as priority routes. These segments will be further analyzed to ensure they are aligned with the goals and objectives of the General Plan and the current environment. The expected deliverable will be established truck routes which would be finalized through a City ordinance or resolution.

Corroborative solutions with neighboring cities should also be explored to minimize expected impacts. Working jointly to identify preferred truck routes to and from future development can help reduce impacts to existing corridors. This will likely entail the extension of existing roadways which are not within the City’s corporate boundary to allow for more efficient, less impacted roadways to access Interstate 10.

Fiscal Impact:

The cost to prepare this staff report is estimated to be $500. There are no additional expenses at this time. Future analysis will be paid from the City-Wide Traffic Analysis Project (R-23) approved by City Council on November 1, 2022.

Recommended Action:

Provide staff direction to assess expected impacts from future development.

Attachments:

A. Truck Priority Network

Chapter 4: Mobility
December 2020 117
Figure 4.9 Truck Priority Network

Staff Report

TO: City Council
FROM: Jeff Hart, Public Works Director
DATE November 15, 2022
SUBJECT: Third Amendment to the Professional Services Agreement with Moffatt & Nichols

Description Approve the third amendment to the Professional Services Agreement with Moffatt & Nichol for the Pennsylvania Avenue Grade Separation project in an amount not to exceed $144,705
Background and Analysis:

On December 19, 2017, the City approved a Professional Services Agreement with Moffatt & Nichol (M&N) in the amount not to exceed $295,523 for environmental documentation services that covered the following three projects along Pennsylvania Avenue:
 Pennsylvania Avenue Interchange (CIP 2017-001)
 Pennsylvania Avenue Widening (CIP 2017-009)
 Pennsylvania Avenue Grade Separation (CIP 2017 -012)

On January 2, 2019, the City Council approved a First Amendment in the amount not to exceed $51,618. This amendment provided regulatory permitting and MSHCP services to the three projects.

On February 2, 2021, the City Council approved a Second Amendment in the amount not to exceed $64,528. This amendment provided additional regulatory permitting funds for the Pennsylvania Avenue Widening project due to updated environmental regulations and requirements.

A third amendment to the Professional Services Agreement with Moffatt & Nichol is now being proposed for a not to exceed amount of $144,705. This amendment will provide funds for additional environmental services for the Pennsylvania Avenue Grade Separation Project. The City is planning to procure federal funding for construction of the project. Projects that use federal funding are required to comply with the National Environmental Policy Act (NEPA). The NEPA studies will need to comply with Caltrans processes and templates, with Caltrans being the lead agency. At this time, it is

anticipated that a NEPA Categorical Exemption will be the appropriate environmental document to demonstrate NEPA compliance.

While some funds were provided in the original agreement for compliance with NEPA, these estimates were done five years ago and are being updated at this time. The original agreement did not include the preparation of a Preliminary Environmental Study (PES) which Caltrans will require to identify the type and level of any needed technical studies. This amendment includes funding for the PES, and for the potential technical studies and regulatory permits that Caltrans may require as part of the NEPA process.

Additionally, the term of the original professional services agreement and subsequent amendments was five years. Per the City’s municipal code (3.02.070), extension of a contract beyond the initial term shall be approved by four-fifths vote of the City Council.

This amendment proposes to extend the term of the professional services agreement for one additional year.

A summary of the allocation of funds for the original agreement and each of the amendments is provided in the following table.

Pennsylvania
Ave
Interchange
(CIP 2017-
001)
Pennsylvania
Ave
Widening
(CIP 2017-
009)
Pennsylvania
Ave Grade
Separation
(CIP 2017-
012)
Total
Contract
and
Amendment
Amount

Agreement Summary
Original Agreement Dec 19, 2017 $174,762.00 $94,286.00 $26,475.00 $295,523.00 Amendment #1 Jan 2, 2019 $20,647.00 $5,162.00 $25,809.00 $51,618.00 Amendment #2 Feb 2, 2021 $64,528.00 $64,528.00
Amendment #3 Nov 15, 2022 $144,705.00 $144,705.00
Total $195,409.00 $163,976.00 $196,989.00 $556,374.00

Fiscal Impact:

The following table is an overview of the current project funding, project budget, and remaining budget for the Pennsylvania Avenue Grade Separation project.

2017-012 Pennsylvania Avenue Grade Separation Project Accounting Summary Funding Summary
Funding Year Funding Source Amount
FY 17/18 Road & Bridge DIF $2,250,000.00
FY 22/23 General Fund $1,000,000.00
Total Project Funding = $3,250,000.00
Budget Summary
Project Component Budget Encumbered Paid to Date Remaining Budget
Project Management $8,475.60 ($8,475.60) ($8,475.60) $0.00 Preliminary Services $0.00 $0.00 $0.00 $0.00
Environmental $297,284.00 ($52,284.00) ($49,993.65) $245,000.00 Design $1,990,183.00 ($1,990,183.00) ($510,905.41) $0.00 Construction $404,057.40 $0.00 $0.00 $404,057.40
Construction Management $0.00 $0.00 $0.00 $0.00
Permits $550,000.00 $0.00 $0.00 $550,000.00
Equipment $0.00 $0.00 $0.00 $0.00
Project Summary Totals $3,250,000.00 ($2,050,942.60) ($569,374.66) $1,199,057.40

The Third Amendment to the professional services agreement in an amount not to exceed $144,705 will bring the total contract amount for environmental services with Moffatt & Nichol to $556,374. Funding for the contract amendment will be paid from the available CIP budget for Environmental as shown in the preceding table.

Recommended Action:

Approve by four-fifths vote of the City Council the Third Amendment to the professional services agreement with Moffatt & Nichol for the Pennsylvania Grade Separation Project, in an amount not to exceed $144,705.

Attachments:

A. Third Amendment to PSA with Moffatt & Nichol
B. Original Agreement and Previous Amendments

THIRD AMENDMENT

TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BEAUMONT

AND MOFFATT & NICHOL FOR ENVIRONMENTAL SERVICES FOR
PENNSYLVANIA AVENUE GRADE SEPARATION (CIP 2017-012)

THIS THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 15th_ 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 MOFFATT & NICHOL, a California corporation whose address is 4225 East Conant Street, Long Beach, CA 90808 (“CONTRACTOR”) in consideration of the mutual promises and purpose contained herein, the parties agree as follow:

1. RECITALS

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

A. On December 19, 2017, the City and MOFFATT & NICHOL, entered into that certain agreement entitled “Agreement for Professional Services by Independent Contractor” for

ENVIRONMENTAL DOCUMENTATION SERVICES FOR THE PENNSYLVANIA

AVENUE INTERCHANGE IMPROVEMENT PROJECT, PENNSYLVANIA AVENUE

WIDENING PROJECT AND THE PENNSYLVANIA AVENUE GRADE SEPARATION PROJECT (“Agreement”).

B. City has requested a further change in scope to the work under the Agreement regarding NEPA compliance for the Pennsylvania Avenue Grade Separation Project and CONTRACTOR has requested that the scope of work should be increased as provided in the Proposal dated November 2, 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 term of the agreement until the services are completed, but not to exceed one (1) year or December 19, 2023.

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 previous Amendments, compensation was set at four hundred and eleven thousand, six hundred and sixty-nine dollars ($411,669). Per this Third Amendment, compensation is increased by the maximum amount of one hundred and forty-four thousand, seven hundred and five dollars ($144,705) as provided in the Proposal attached hereto

as Exhibit “A” resulting in total compensation under the Agreement not to exceed five hundred and fifty-six thousand, three hundred and seventy-four dollars ($556,374).

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:

___MOFFATT & NICHOL_________

By: ______________________________

Print Name: _______________________

Title: _____________________________

EXHIBIT “A”

PROPOSAL DATED November 2, 2022

1 4225 E. Conant Street
Long Beach, CA 90808
(562) 590-6500
www.moffattnichol.com
November 2, 2022

Mr. Jeff Hart
City of Beaumont Public Works Director
550 E. 6th Street
Beaumont, CA 92223
Subject: Pennsylvania Avenue Grade Separation Project - Amendment Request #3 for Environmental Documentation Services (NEPA)
Dear Mr. Hart:

Moffatt and Nichol (M&N) is pleased to provide the City of Beaumont with continued assistance on the Pennsylvania Avenue Grade Separation Project. This amendment request is to our existing contract dated December 19, 2017 to provide “Environmental Documentation Services for Pennsylvania Avenue Interchange Improvement Project, Pennsylvania Avenue Widening Project and the Pennsylvania Avenue Grade Separation Project.” Specifically, this Amendment #3 request is to (1) extend the contract beyond December 19, 2023 for one additional year, (2) provide environmental services associated with National Environmental Policy Act (NEPA) services for the Pennsylvania Avenue Grade Separation Project (Grade Sep Project) due to the City obtaining federal funds by FHWA to help build the Grade Sep Project, and (3) updating our billing rates (as the original contact was approved in December 2017.

Amendment #1 dated January 2, 2019 was approved for (1) extending the contract to December 19, 2020 (term of agreement) to December 19, 2023, and (2) providing Regulatory and Multiple Species Habitat Conservation Plan (MSHCP) services specifically for the Pennsylvania Avenue Widening Project (additional services and compensation). Amendment #1 services were not included in the original 2017 contract because the original contract was only for services during the environmental document phase (technical studies and the environmental document), and these regulatory services are completed during final design, which is the project phase after the environmental document phase.

Amendment #2 dated February 2, 2021 was approved for (1) extend the contract beyond December 19, 2020, and (2) provide continued California Environmental Quality Act (CEQA) services for the Pennsylvania Avenue Widening Project (Widening Project) due to project description changes, changes to the CEQA Environmental Checklist, revision to USACE regulations on Waters of the United States definition, and new SB743 legislation (requirement to analyze vehicles miles travelled) that occurred in June-July 2020 after production of the environmental documentation had already commenced. Since 2019 and in June-July 2020, the Widening Project has undergone design changes from the original 95% Plan Set, regulatory changes (SB743 implementation and USACE jurisdiction definition), and changes in CEQA that require additional effort to complete the tasks. Design changes include removing the sidewalk from the east side of Pennsylvania Avenue, incorporating new structural Best Management Practices (BMP)s and a

City of Beaumont
Pennsylvania Avenue Grade Separation Project Amendment Request #3 (NEPA) 2 revised project footprint. These project description changes will require additional effort to update the supportive technical analysis/studies already completed and update environmental resource analyses in the IS/MND.

In Summer 2022, the City decided to procure federal funds from FHWA to help build the Grade Sep project. Since there will now be a federal nexus, the Grade Sep project is federalized, and NEPA compliance is required. Per NEPA Assignment, Caltrans acts on behalf of FHWA, and therefore the NEPA document and technical studies need to comply with Caltrans processes and templates (as applicable). A Preliminary Environmental Study (PES) will be required, which identifies the type and level of any required technical studies and the type of NEPA environmental document. At this time, it is anticipated that a NEPA Categorical Exclusion will be the appropriate environmental document to demonstrate NEPA compliance. Further, the following technical studies may also be required (to be confirmed once the PES is approved by Caltrans):
• Part of the project is located with the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP) and possible waters of the US/State. See attached Biological Scope of Work from Noreas, Inc.
• The Union Pacific Railroad is a recorded historic site in the area, and excavation is anticipated for this project. The project will need to comply with Section 106 of the National Historic Preservation Act. See attached Cultural Scope of Work from CRM Tech. • The project is located within City and Union Pacific right-of-way, a Phase I Initial Site Assessment (to determine any hazardous materials within the project site) will likely be needed. See attached Phase I ISA Scope of Work from Leighton. • The project will have a vertical change to the Pennsylvania Avenue alignment, a Noise Study Report (NSR) will likely be needed. See attached Noise Scope of Work from Entech Consulting Group.
• A paleontological sensitivity assessment may be needed for this project. See attached Palaeontological Scope of Work from CRM Tech.

M&N respectfully requests additional authority to prepare/process technical analyses associated with the NEPA environmental document (for $33,700), and an additional $111,005 for optional tasks (pending requirements identified with PES approval) for a total of $144,705). The tasks, fees, assumptions and exclusions are included in Attachment A Scope of Work.

If you have any questions or require additional information, please contact me at 562-317-3491.

We look forward to working with you.

Sincerely,

MOFFATT & NICHOL

Stephanie S. Oslick, AICP, ENV SP
Project Manager
Encl: Attachment A: Scope of Work and Fee and proposals from subconsultants

City of Beaumont
Pennsylvania Avenue Grade Separation Project Amendment Request #3 (NEPA) 3 Attachment A
(Scope of Work and Fee)

TASK 1 – PROJECT DESCRIPTION AND PRELIMINARY ENVIRONMENTAL STUDY (PES) M&N will prepare the project description for inclusion in the Caltrans Preliminary Environmental Study (PES), consistent with the latest Caltrans Local Assistance Procedures Manual – Chapter 6 (dated November 2021).

Scope of work:
• Coordinate with Project Engineer for updated Plan Set and CAD Files. • Prepare and submit PES to City and Caltrans for review (and approval by Caltrans).

Deliverable:
• Draft and Final Preliminary Environmental Study (PES), which includes Project Description

TASK 2 – NEPA ENVIRONMENTAL DOCUMENT
M&N will prepare the NEPA environmental document (assumed to be a Categorical Exclusion with Caltrans acting as the NEPA Lead Agency), consistent with the Project Description and PES described under Task 1 above.

Scope of work:
• Prepare Draft and Final NEPA Categorical Exclusion for City and Caltrans review (and Caltrans approval)

Deliverables:
• Prepare Draft and Final NEPA Categorical Exclusion

Please note – Task 2 was already included as part of the original contract, so additional budget is now needed as the original contract was approved in December 2017.

TASK 3 – PROJECT MANAGEMENT
M&N will manage the environmental document, coordination with subconsultants, billing, invoicing and contract between the City and M&N’s subconsultants.

Deliverable:
• No specific deliverable for this Task.

City of Beaumont
Pennsylvania Avenue Grade Separation Project Amendment Request #3 (NEPA) 4 TASK 4 – ENVIRONMENTAL TECHNICAL STUDIES (Optional)
M&N will coordinate with the technical specialists to provide the Project Description, Environmental Project Footprint and respond to requests for information needed to prepare environmental technical studies. M&N oversight will include quality control for adequacy of analysis and findings consistent with NEPA. Although our experience with Caltrans has indicated that environmental technical studies become “dated” after two or three years, to the greatest extent possible, environmental analyses prepared for adjacent projects (including Pennsylvania Avenue Widening Project) will be used.

Scope of work:
• Coordinate with specialists to prepare environmental technical studies consistent with that is identified in the Caltrans approved PES (Task 1). • Oversee and Quality Control of environmental technical studies as identified in the Caltrans approved PES (Task 1). Optional scope/fee are attached to this document for Biological Resources, Cultural Resources, Hazardous Materials, Noise and Paleontology. • Coordinate with City as needed regarding findings of the technical analyses.

Deliverable:
• Draft and Final Environmental Technical Studies (per NTP from City based on Caltrans approved PES).

TASK 5 – REGULATORY PERMITTING (Optional)
If needed, M&N will prepare regulatory permitting applications to impacts to wetlands or Waters of the US/Waters of the State from the US Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and/or California Department of Fish and Wildlife (CDFW).

Scope of work:
• Coordinate with applicable regulatory agencies and submit permit applications.

Deliverable:
• Regulatory agency permit applications (assuming USACE Nationwide Permit, RWQCB 401 Certification, and CDFW 1600).

Table 1. Task Description and Cost Proposal
Pennsylvania Avenue Grade Separation Project - Amendment #3 (NEPA)

Task Description Hours Fee ($)

1. Project Description and Preliminary Environmental Study (PES) • Project Description for City Approval
• Prepare PES and submit to City and Caltrans (for Caltrans review and approval)
130 $23,100

City of Beaumont
Pennsylvania Avenue Grade Separation Project Amendment Request #3 (NEPA) 5 Task Description Hours Fee ($)

2. NEPA Environmental Document
• NEPA Categorical Exclusion (and Caltrans Coordination) 22 $4,220

3. Project Management
• Project Management/Meetings/Coordination 22 $4,640
Subtotal 174 $33,700

4. Environmental Technical Studies (Optional pending Caltrans Approval of PES)
• Biological Resources
• Cultural Resources
• Hazardous Materials (ISA)
• Noise
• Paleontology
TBD

$56,000
$10,740
$7,900
$17,025
$2,740
Subtotal (Optional) TBD $94,405

5. Regulatory Permitting (Optional)
• USACE, RWCQB, and/or CDFW

100 $16,00
Subtotal (Optional Tasks 4 and 5) TBD $111,005
Total (includes Tasks 1-3 and Optional Tasks 4-5) Hours Fee ($)

188

$144,705

Assumptions and Exclusions:

1. The Project will require Caltrans review and approval of the Environmental Document and Technical Studies. Caltrans is the NEPA Lead Agency.

2. No additional project description changes will occur as of the 65% plans provided to M&N.

Project description changes may require a revised scope of work.

3. This scope of work is valid for 90 days. Any delays beyond M&N’s control may require a revised scope of work.

4. The scope of work assumes no significant environmental impacts as defined by NEPA, which would require a higher-level environmental document to be prepared (e.g., Environmental Assessment or Environmental Impact Statement).

5. It is assumed that no sensitive species (e.g., threatened or endangered species) will be present within the project study area.

6. Up to five environmental resource technical studies are included as optional (Task 4).

After Caltrans approval of the PES (Task 1), the specific technical studies required for this project will be identified and inform which technical studies will needed. The specific scope of work for each of the technical studies are included to this document.

No work will commence unless required and M&N obtains NTP from the City.

7. Regulatory permitting is included as an optional task (Task 5). No work will commence unless required and M&N obtains NTP from the City. Any permitting application fees will be paid by the City.

CITY OF BEAUMONT’S PENNSYLVANIA AVENUE GRADE SEPARATION PROJECT

SCOPE OF WORK & FEE PROPOSAL
1 | Page 16361 Scientific Way, Irvine, CA 92618

October 19, 2022
Ms. Stephanie Oslick
Moffatt & Nichol
4225 East Conant Street
Long Beach, CA 90808

SUBJECT: CITY OF BEAUMONT’S PENNSYLVANIA AVENUE GRADE SEPARATION PROJECT – SCOPE

OF WORK & FEE PROPOSAL

NOREAS Inc. (NOREAS) is pleased to provide this scope of work and fee proposal to assist Moffatt & Nichol (MN) with the City of Beaumont’s Pennsylvania Avenue Grade Separation Project (hereafter referred to as the “Project”). For the purposes of this scope of work (SOW), the proposed “study area” is limited to ≤ 10-acres – located in the City of Beaumont, County of Riverside, California.

The following tasks will be completed on a time and materials basis:
 TASK 1. BIOLOGICAL SURVEY, ANALYSIS & BIOLOGICAL TECHNICAL REPORT;  TASK 2. WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) CONSISTENCY REPORT;
 TASK 3. DELINEATION OF WETLANDS, WATERWAYS AND MSHCP RIPARIAN/RIVERINE RESOURCES;
 TASK 4. BURROWING OWL SURVEY & REPORT;
 TASK 5. NARROW ENDEMIC PLANT SURVEYS & REPORT; AND
 TASK 6. NATURAL ENVIRONMENT STUDY

TASK 1. BIOLOGICAL SURVEY, ANALYSIS & BIOLOGICAL TECHNICAL REPORT NOREAS will review resource databases, local resource management plans, aerial photos, and other readily available commercial data to determine the location and types of biological resources that have the potential to exist in the region and within the Project’s study area. The literature review will support the development of all written deliverables within this SOW. NOREAS shall also perform: pedestrian based biological surveys; conduct vegetative mapping; and complete habitat assessments to determine the presence – or absence, of special status species habitat within the study area. Field work will disclose and evaluate the onsite habitat conditions; and determine the potential for occurrence of common and special status species, their habitats, and sensitive land cover types. In general, the field analysis and data collection will focus on identification and estimation of the approximate acreages of various land cover types that occur within Project’s limits. A stand-alone Biological Technical Report (BTR) will be prepared for the Project which details the results of the literature review, pedestrian based biological surveys, and data analysis. The report will present the existing biological resources within the study area, and describe the following:
 The methods used in identifying and assessing biological resources, the personnel who conducted the studies, contacts made with agencies – if any, and limitations associated with the data analysis;
 The environmental setting will include both the biological and physical setting within and adjacent to the study area; and
 The results, including presence/absence of special status species habitats, riparian or other sensitive natural communities, etc.

CITY OF BEAUMONT’S PENNSYLVANIA AVENUE GRADE SEPARATION PROJECT

SCOPE OF WORK & FEE PROPOSAL

2 | Page 16361 Scientific Way, Irvine, CA 92618

TASK 2. WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP)

CONSISTENCY REPORT
The Project is within Western Riverside Multiple Species Habitat Conservation Plan (MSHCP) boundaries and is subject to a determination that Project activities are consistent with the policies within Section

6.0 of the MSHCP. Accordingly, analysis and data synthesis will focus on identification and estimation of the approximate acreage of various vegetation communities that would likely be affected from Project implementation. Project specific biological data will be analyzed based upon MSHCP consistency requirements. For example, since the Project is within MSHCP boundaries (Badlands Area Plan – not within a Cell Group, or Criteria Cell) it is subject to a determination that proposed Project activities are consistent with MSHCP Section 6.0 (i.e., riparian/riverine [Section 6.1.2], and species survey requirements [Sections 6.1.3 and 6.3.2]). As a result, a stand-alone report will be prepared by NOREAS to analyze the Project based upon MSHCP consistency specifications (e.g., effects on MSHCP Covered Species, Core Areas, Linkages, and Conservation Area Configuration). In addition, this analysis will consider the degree to which the Project incorporates the siting and design criteria defined within the MSHCP (i.e., guidelines for wildlife, best management practices [BMP’s] and so forth).

TASK 3. DELINEATION OF WETLANDS, WATERWAYS AND MSHCP RIPARIAN/RIVERINE RESOURCES NOREAS proposes to evaluate available data (i.e., previously prepared environmental documents, memos, reports and fact sheets for the Project, National Wetland Inventory, Aerial Photographs, United States Geological Survey [USGS] maps, MSHCP Transportation and Land Management Agency Geographic Information Services Database, Regional Conservation Authority GIS Data Mapping Tool, etc.) and delineate jurisdictional wetlands, waterways, and those locales that satisfy the MSHCP’s Section 6.1.2 definition of Riparian/Riverine Resources pursuant to the substantive provisions set forth within the following:
 US Army Corps of Engineers (USACE) Wetland Delineation Manual;  Lichvar and Wakeley’s Interim regional supplement to the USACE Wetland Delineation Manual Arid West Region Direction on Delineating Arid Streams;  USACE and Environmental Protection Agency’s June 2007 issued Clean Water Act (CWA) Jurisdiction Following the U.S. Supreme Court’s Decision in Rapanos v. United States & Carabell v. United States guidance document;
 Mesa Field Guide: Mapping Episodic Stream Activity (Vyverberg et al. 2014) (MESA);  A Field Guide to Lake and Stream Bed Alteration Agreements Sections 1600 – 1607; and  Section 6.1.2 of the WRMSHCP, Volume I.

NOREAS will prepare a written delineation report to indicate the presence or absence of wetlands, Waters of the United States (WoUS), Waters of the State (WoS), and MSHCP Riparian/Riverine Resources within the study area. The aforementioned document will represent an estimate of jurisdictional boundaries using the most recent regulations, written policies, and guidance from the regulatory agencies. However, only the USACE, Regional Water Quality Control Board (RWQCB), California Department of Fish and Wildlife (CDFW), MSHCP Environmental Programs Department (EPD), and the Regional Conservation Authority (RCA) can make a final determination of special aquatic resource area1 boundaries and jurisdiction. The field delineation and analysis methods, results and

1 For the purposes of this analysis, a special aquatic resource area is defined as any potential: United States Army Corps of Engineers jurisdictional wetland and/or waterway feature pursuant to Section 404 of the Clean Water

CITY OF BEAUMONT’S PENNSYLVANIA AVENUE GRADE SEPARATION PROJECT

SCOPE OF WORK & FEE PROPOSAL

3 | Page 16361 Scientific Way, Irvine, CA 92618

conclusions will be presented within a single technical report (i.e., Delineation Report). Field work will be completed in accordance with established protocols for analysis and public disclosure of special aquatic resource area boundaries. It is anticipated that minimal differences in terrain, vegetation density, weather and visibility will allow 2 biologists to complete the proposed field activities in no more than 2 days.

TASK 4. BURROWING OWL SURVEY & REPORT
The study area is within a designated Western Riverside MSHCP Burrowing Owl Survey Area. To that end, the MSHCP requires surveys for Burrowing Owl in areas where suitable habitat is identified. The proposed survey protocol for Burrowing Owls was taken directly from the MSHCP, Instructions for Burrowing Owl Surveys for the Western Riverside Multiple Species Habitat Conservation Plan Area (2006). The focused surveys will be comprised of the following tasks:
 One burrow survey and an additional 4 separate survey events shall be conducted from one hour before sunrise to two hours after sunset;
 Biologists will examine burrows for owl sign, and map owl locations with a global position system on Project maps – if appropriate; and
 Burrowing owl sightings will be counted and mapped - identifying occupied / unoccupied burrows, and sign.

It is anticipated that differences in terrain, vegetation density, private property, topographic relief, etc., will allow biologists to complete the field surveys in four (4) calendar days. After completion of the above referenced surveys, a final report will be developed. This report will discuss survey methods and results. Appropriate maps showing potential burrow locations shall also be included.

TASK 5. NARROW ENDEMIC PLANT SURVEYS & REPORT
The study area is within a designated survey area for MSHCP Narrow Endemic Plants. Pursuant to MSHCP specifications, surveys for the following species will be required:
 Marvin’s onion, April-May; and
 Many-stemmed dudleya, April-July.

Focused surveys will coincide with known flowering period of above referenced special status plant species. Reference populations for representative species will be visited prior to initiation of field surveys. This will be done to objectively validate survey timing, findings and document local variations in flowering phenology. Prior to initiating plant surveys, known plant populations in the region are observed; safeguarding that the surveys appropriately coincide with the observation period of targeted species during wetter/drier-than-normal years. The field survey methods, results and conclusions will be provided within a written stand-alone Technical Report. This SOW assumes that differences in terrain, vegetation density and visibility will allow 2 biologists to complete the field work in no more than 3 calendar days.

Act; Regional Water Quality Control Board jurisdictional water pursuant to their legal authority in accordance with Section 401 of the Clean Water Act and as defined within Section 13050(e) (et seq.) of the California Water Code via the Porter-Cologne Water Quality Control Act; California Department of Fish and Wildlife bed, bank, channel or riparian locations jurisdictional pursuant to Section 1600 (et seq.) of the California Fish and Game Code and locales that satisfy the MSHCP’s definition of Riparian/Riverine.

CITY OF BEAUMONT’S PENNSYLVANIA AVENUE GRADE SEPARATION PROJECT

SCOPE OF WORK & FEE PROPOSAL

4 | Page 16361 Scientific Way, Irvine, CA 92618

TASK 6. NATURAL ENVIRONMENT STUDY
A California Department of Transportation (CALTRANS)-compliant Natural Environment Study (NES) will be prepared based on the results of the previous described biological surveys and analysis. The NES will describe the existing biological resources within the study area and detail how the Project may affect those resources. The NES will summarize technical documents (e.g., stand-alone focused species studies, delineation report, etc.) related to effects on biological resources in the study area for use in a Project specific environmental document. The NES will conform to the most current version of the CALTRANS NES template - as provided in Volume 3 (Biological Resources), Chapter 2 (Natural Environment Study) of the SER. Furthermore, the NES will be prepared in accordance with CALTRANS’ Quality Control Guidance for Standard Biological Technical Documents and Reports. The NES will also provide language and minimization measures for use within the Project specific environmental document.

ASSUMPTIONS
• NOREAS will be provided with the physical limits / boundaries of the study area. Project boundaries and the roughly 10-acre.
• This SOW does not include any formal federal or state Endangered Species Act consultations. • This SOW does not include any discretionary permitting. • This SOW does not include a Determination of Biologically Equivalent or Superior Preservation (DBESP) report.
• NOREAS anticipates that one (1) administrative draft and one (1) final version of work products will be provided via email. Drafts will be revised in accordance with one round of formally submitted comments.
• NOREAS will be provide with authorization and assist NOREAS in arranging access to the Project, if necessary.
• SOW includes no focused amphibian, mammal, Delhi Sands Flower-loving Fly or Criteria Area plant surveys.
• The services to be performed by NOREAS will be conducted in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances. Opinions relating to presence, absence, or potential for occurrence of biological resources will be based on limited data and actual conditions may vary from those encountered at the times and locations where the data were obtained; despite the use of due professional care.

5 | Page 16361 Scientific Way, Irvine, CA 92618
CITY OF BEAUMONT’S PENNSYLVANIA AVENUE GRADE SEPARATION PROJECT

SCOPE OF WORK & FEE PROPOSAL

FEE ESTIMATE
Consulting services described herein are effective October 19, 2022 and are expected to extend to December 31, 2023. NOREAS will provide the scope of services described herein on a time and materials basis, and will not exceed the level of effort estimate provided below without written authorization from MN.

Activity Cost
TASK 1. BIOLOGICAL SURVEY, ANALYSIS &
BIOLOGICAL TECHNICAL REPORT $5,000.00
TASK 2. WESTERN RIVERSIDE MULTIPLE SPECIES

HABITAT CONSERVATION PLAN (MSHCP)

CONSISTENCY REPORT
$7,500.00
TASK 3. DELINEATION OF WETLANDS, WATERWAYS
AND MSHCP RIPARIAN/RIVERINE RESOURCES $10,000.00
TASK 4. BURROWING OWL SURVEY & REPORT $7,000.00
TASK 5. NARROW ENDEMIC PLANT SURVEYS &
REPORT $6,500.00
TASK 6. NATURAL ENVIRONMENT STUDY $20,000.00
Total $56,000.00
If you have any questions about the scope or fee estimate, please contact me at your earliest convenience.

PRESENTED BY:
___________
Lenny Malo, Vice President – 10/19/22
NOREAS, Inc.

Tel: 909 824 6400 Fax: 909 824 6405

October 12, 2022

Moffatt & Nichol
4225 East Conant Street
Long Beach, CA 90808
Stephanie S. Oslick

COST PROPOSAL AND SCOPE OF WORK

Historic Property Survey, Archaeological Survey, and Historic Resource Evaluation Reports And Paleontological Resources Sensitivity Assessment for the Pennsylvania Grade Separation (NEPA) Project
City of Beaumont, Riverside County, California

CRM TECH is pleased to submit to Moffatt & Nichol ("Client"), this proposal for the project referenced above. All three projects are at or near the intersection of Pennsylvania Avenue and the I-10 Freeway, in the City of Beaumont, Riverside County, California.

The Pennsylvania Grade Separation undertaking is located where Pennsylvania Avenue crosses the Union Pacific Railroad tracks. The Area of Potential Effects (APE) is the railroad right-of-way (approximately 200 feet wide) extending east and west of Pennsylvania Avenue for a total of approximately 2,500 feet.

Due to federal nexus (NEPA, with Caltrans District 8 as the Lead Agency), the survey will comply with Section 106 of the National Historic Preservation Act and in accordance with Caltrans' Environmental Handbook (Volume 2): Cultural Resources. We know that the Union Pacific Railroad is a recorded historic site in this area. All of this information is taken into account in this proposal.

Scope of Work

To comply with the requirements for the cultural resource assessment for this undertaking, CRM TECH will complete the following tasks:

1. Contact the local Caltrans office to discuss any concerns, to review any records or documents that they may have regarding the property, and to ensure that we complete the work as they require (project management).

2. Digitize the APE boundaries into our GIS mapping program and produce maps of it and the vicinity on appropriate current and historic-period maps and aerial images (and geologic maps); these will be used during the records searches, background and geomorphological research, Native American scoping, field survey, and for inclusion in the report, as appropriate [this is not the required APE map (see below)].

Pennsylvania Grade Separation Page 2 of 4 Cultural and Paleo Study

3. ***Request the required historical resources records search using of the California Historical Resources Inventory and other sources of the subject property and immediate vicinity from the Eastern Information Center, University of California, Riverside; this will provide information regarding previous cultural surveys and the types of cultural resources that have been recorded in the vicinity which will help us to understand the prehistoric and historic resource context of the area (in terms of both density and types of resources) and help us develop a preliminary assessment of the cultural sensitivity of the APE.

4. Pursue general prehistorical and historical background information using archaeological, ethnographic, and historical literature as well as early maps to develop the prehistorical and historical context of the area and for information about previous land uses and development trends within and near the APE.

5. Complete a geomorphologic literature and map search to determine the prehistoric/historic landscapes of the area and possible human use of those landscapes to help assess the sensitivity of the subsurface of APE (the vertical APE) for potential significant buried cultural resources, as required by the Section 106 process.

6. Request a sacred lands file search from the Native American Heritage Commission and contact the appropriate Native American representatives (as directed by Caltrans) from the list supplied by the Commission to see if they have any knowledge of Native American resources in and around the project area or have any concerns regarding the projects; follow-up phone calls will be made to groups that do not reply in a reasonable time (this will be done according to Caltrans requirements and timeline for the undertaking).

7. As required by Section 106 and Caltrans requirements, conduct site-specific historical studies, including archival research, interviews, and consultations with local historical societies and/or other representatives of the local community concerning the APE, as necessary, to determine past land uses and owners and to explore historical associations or important historical events.

8. Conduct a field survey of the APE following professional archaeological procedures, which would include, among other standard procedures, systematically inspecting the APE and taking detailed notes and photographs to document the current conditions.

9. Field record any artifacts, features, sites or structures greater than 45 years of age; this would include, among other processes, detailed note taking, plotting the location with a handheld GPS, taking photographs of specific items or, and making scaled drawings (as appropriate).

10. Complete standard site record forms (DPR 523) on any cultural resources that merit formal recordation under guidelines set forth by the California State Office of Historic Preservation.

11. Prepare a draft Historic Property Survey Report (HPSR), a draft Archaeological Survey Report (ASR), and a draft Historic Resources Evaluation Report (HRER) according to standard Caltrans format; these reports will document the methods and findings of the procedures outlined above, identify known and potential historic properties within or adjacent to the APE, discuss their integrity and possible historical significance under criteria of the California Environmental Quality Act and/or the National Register of Historic Places, incorporate comments and recommendations from the Tribes (if any), and recommend subsequent courses of actions regarding cultural resources, as necessary.

12. Review any comments, plan and organize responses to them, and prepare another set of draft reports that incorporates the comments and suggested changes/additions.

13. Review another round of comments from the same and/or different Caltrans personnel and plan and organize responses to comments and prepare the reports accordingly.

It is understood that the necessary APE map will be prepared by Moffatt & Nichol or some other subconsultant.

Pennsylvania Grade Separation Page 3 of 4 Cultural and Paleo Study

Additional services subsequent to the conclusion of the study, such as attendance and presentation at public hearings and written response to public comments, will be provided as needed. Additional funds may be needed if Caltrans makes additional revision requests that should have been included during the first review and/or that go beyond what would be reasonable.

Cost for the NEPA Cultural (Caltrans District 8) Study

CRM TECH will complete the tasks listed above for a cost of $10,740.00.

The price assumes that Moffatt & Nichol, or some other entity, will prepare the necessary APE map for Caltrans approval (CRM TECH can provide guidance if necessary).

This price is based on the assumption that Caltrans will not require the study to include an Indirect APE.

That is, the price is only for the cultural resource study of the Direct APE.

Additional services subsequent to the conclusion of the study, such as attendance at meetings and responding to an inordinate number of comments and revision requests, if necessary, will be billed at a flat hourly rate of $140.00 per hour.

Paleontological Study

The Client requests that we also conduct a paleontological sensitivity assessment of the APE. It is assumed that Caltrans is not going to request this study but, rather that it be conducted to satisfy the City.

To provide the requested information, CRM TECH will complete the following tasks:

1. Use the digitized project area boundary and produce maps of it and the vicinity on a geologic map for use during the paleontological research and field inspection, and for inclusion in the report.

2. Request a paleontological resources records search from the Western Science Center, Hemet.

3. Review pertinent paleontological literature and geological maps for information regarding geological formations and paleontological resources in the project area and vicinity.

4. Conduct a field survey of the project area following standard professional paleontological procedures; surface soils and current conditions, including any previous impacts will be noted and representative photographs will be taken during that time (no charge if conducted at the same time as the archaeological survey).

5. Prepare a report to document the methods and findings of Tasks 1-4, identifying any potential fossil- bearing soils (and paleontological resources) within the project area, assessing the possibility of impacting paleontological resources during project construction, and recommending subsequent courses of action for paleontological resource compliance for the project area.

Cost: Paleontological Resource Assessment

CRM TECH proposes to complete the paleontological study for a cost of $2,740.00. The cost of the paleontological study proposed here, however, is valid only if CRM TECH conducts both the archaeological and paleontological studies for this property at the same time.

Pennsylvania Grade Separation Page 4 of 4 Cultural and Paleo Study

Total Cost: Both Technical Studies

This results in a combined cost for both the cultural resources study and the paleontological resources assessment of $13,480.00.

Reimbursable Expenses

The prices quoted here include items such as mileage, copying and printing, Information Center charges, and administrative fees. No reimbursable expenses or indirect costs will be added to our invoices.

Payment Schedule

Progress billings will be made as work proceeds. The remaining balance will be due upon completion of the reports.

Project Schedule

Start date: Immediately upon authorization to proceed.

Completion date: To be determined in agreement with the Client.

Agreement

If the Client agrees to the terms and conditions of this proposal, this document can be incorporated into the Client's standard subconsultant agreement.

Submitted by:

Michael Hogan

CRM TECH

October 11, 2022
Proposal No. RC22-444
Moffatt & Nichol
4225 East Conant Street
Long Beach, CA 90808
Attention: Stephanie S. Oslick, AICP, ENV SP
Subject: Proposal to Perform a Phase I Initial Site Assessment (ISA)/ Environmental Site Assessment (ESA)
Pennsylvania Avenue Grade Separation Project
Beaumont, California

INTRODUCTION
Leighton Consulting, Inc. (Leighton) is pleased to submit this proposal to conduct a Phase I Initial Site Assessment (ISA) / Environmental Site Assessment (ESA) for the Pennsylvania Avenue Grade Separation Project in the City of Beaumont.

We understand that this site includes a 2,500 foot linear area within 200 feet of the Union Pacific Railroad Right of Way south of Interstate 10. We understand that there are no site access restrictions.

PROPOSED SCOPE OF PHASE I ISA/ESA
This proposed Phase I ISA/ESA will be performed in general accordance with current ASTM "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessments Process” E 1527-13. In addition, our services will be provided in accordance with “Standards and Practices for All Appropriate Inquiries (AAI) 40CFR Part 312.” Leighton will also utilize ASTM E 2600-10 Tier 1 screening as a guide to assess vapor encroachment. More specifically, the following tasks are included in our proposed scope of services:

Records Review
A search of selected government databases will be ordered from an environmental database provider. The report will meet government records search requirements of

Phase 1 ISA/ESA Proposal, Pennsylvania Avenue Grade Separation Project RC22-444

E 1527-13 (Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process). The database listings will be reviewed within the specified minimum search distances established by E 1527-13 and AAI. The lists will include:

• Federal: NPL, CERCLIS, RCRA, IC/EC Registries, ERNS and • State and Tribal: NPL-equivalent, CERCLIS-equivalent, landfill and/or solid waste disposal sites, leaking storage tank lists, registered storage tank lists, IC/EC control registries, voluntary cleanup sites, and brownfield sites.

We will review reasonably ascertainable historical sources of information that shows the subject site dating back to first developed use, or back to 1940, whichever is earlier.

Reviewed resources may include one or more of the following: aerial photographs, fire insurance maps, property tax files, recorded land title records, USGS 15 and/or 7.5- minute USGS topographic maps, local street directories, building department records, zoning/land use records, and other historical sources. We will also review reasonably ascertainable available published local geologic literature to evaluate geologic setting and types of geologic formations beneath this site. Our review will include reasonably ascertainable published information for depths to groundwater, general quality of groundwater under the site, direction of ground water flow and water-bearing lithologies.

If provided to us by you or others, we will also review geotechnical and environmental reports for mention of environmental conditions at this site.

We will contact appropriate city, county, state and federal agencies who may have information regarding the occurrence of hazardous materials/waste at the site, including registered aboveground and underground storage tanks, landfills, contaminated sites, records of emergency release response reports, contaminated public wells. A street address for the subject property is typically required by the city and county agencies in order to review their file. Should it be found that files exist for the subject site, this proposal includes up to four hours for file reviews. If we find that extensive files exist for the subject site or files exist for adjacent properties, we may recommend that a review of agency files may be warranted as part of a supplemental task to this Phase I ISA/ESA for an additional fee.

If provided by the client or others (free of charge), we will review a 50-year Chain of Title document, for names of previous owners of the site and for mention of hazardous materials/waste at the site.

Phase 1 ISA/ESA Proposal, Pennsylvania Avenue Grade Separation Project RC22-444

Site Reconnaissance
We will visit the site for an observational reconnaissance to look for exposed and visible indications of environmental conditions. Where safe access is available, we will view inside and outside of onsite structures. This includes observations of the current conditions of the onsite structures, roads, potable water supply, sewage disposal system, hazardous substances and petroleum products, aboveground and underground storage tanks or vent pipes, fill pipes or access ways indicating an underground storage tank, odors, pools of liquid, sumps, drums, polychlorinated biphenyls (PCBs) containing equipment, heating and/or cooling system, stains or corrosion, pits, ponds or lagoons, stained soil or pavement, stressed vegetation, solid waste, wastewater (including clarifiers), wells and dumping. The site reconnaissance will be conducted by a qualified environmental professional as defined in ASTM E 1527-13 and AAI.

Land use of immediately adjacent properties will be visually and/or physically observed and documented and conditions indicative of hazardous materials or potential hazardous materials concerns will be documented, to the extent possible. Current site conditions will be photographed.

Interviews
A reasonable attempt will be made to interview present and/or past owners, lessees, key site manager, occupant, and employees (if they have been identified by the client, and are available and cooperative) for additional information about past and present site usage. The name, addresses, and phone numbers of the current and past owners, and/or lessees, of the subject site needs to be provided by the client. A reasonable attempt will also be made to interview local government officials for information regarding hazardous waste disposal or other environmental issues that may exist at the site.

A Phase I ISA/ESA Owner/Site Contact Interview Form (attached) should be completed by the owner and occupant of this site and returned to us. Information provided on this form is an important part of the Phase I ISA/ESA.

We will interview selected adjacent tenants (if they are available during our site reconnaissance and cooperative) for additional information about past and present site usage.

Phase 1 ISA/ESA Proposal, Pennsylvania Avenue Grade Separation Project RC22-444

Report Preparation
Up to three hard copies and one electronic copy of our report summarizing our findings, conclusions, and recommendations will be prepared and submitted to you. The report will state data gaps due to a lack of or inability to obtain information on the site despite Leighton’s good faith efforts.

Scope Exclusions and Limitations
The proposed scope does not include the following:

• Subsurface exploration and/or testing of any kind,
• Air, water, soil, asbestos or lead-based paint or other media sampling or analyses, • Investigation for radioactivity, radon or methane gas, • Investigation for mold, mildew or other biohazards,
• Handling or disposal of hazardous materials,
• Consideration of possible future contamination of the site from adjacent or surrounding facilities or properties, and/or
• Responses to agency comments.

An environmental site assessment cannot wholly eliminate uncertainty regarding potential for recognized environmental conditions (RECs) in connection with a property.

Performance of the Phase I ISA/ESA is intended to reduce, but not eliminate, uncertainty regarding the potential for RECs in connection with a property, and this practice recognizes reasonable limits of time and cost.

INFORMATION REQUIRED FROM CLIENT
The current ASTM E 1527-13 Phase I ISA/ESA standards and/or AAI require certain items to be provided by the client. Our fee is contingent upon the following:

• Title and/or judicial record documents must be reviewed by the client for environmental liens or activity and use limitations. Alternatively, Leighton can order an environmental lien search at an additional cost and turnaround time. • Liens or activity and use limitations due to environmental conditions at the site must be declared to Leighton prior to Leighton conducting the site reconnaissance.

Phase 1 ISA/ESA Proposal, Pennsylvania Avenue Grade Separation Project RC22-444

•Specialized environmental knowledge or environmental experience on the part of the client especially with regards to environmental conditions at the site must be declared to Leighton prior to Leighton conducting the site reconnaissance. •Commonly known or reasonably ascertainable information that the client may be aware of must be declared to Leighton prior to Leighton conducting the site reconnaissance.
•Special price reductions from the fair market value of the property due to environmental conditions at the site must be declared to Leighton prior to Leighton conducting the site reconnaissance.

We also request you provide the following information, if available:
•Owner Contact Information: Name, address and phone number of the current and past owners, and/or lessees, for this site,
•Owner/Tenant Interview Form: A Phase I ISA/ESA Owner/Site Contact Interview Form completed by the following (if available and cooperative): property owner, property manager, property tenant and/or a person with knowledge of past use of the subject site,
•User Questionnaire: A Phase I ISA/ESA User Questionnaire Form completed by you (the “user” of the Phase I ISA/ESA),
•Prior Reports: Previous geotechnical or environmental reports for this site, •Title: A 50-Year Chain of Title document for each parcel this site encompasses, and •Plans: Reproducible or electronic copies of site development plan(s) and/or topographic map with property boundaries (needed prior to the start of our reconnaissance).

Please note that confidential or private reports or drawings of the site cannot be reviewed by us and described in our report, unless they are provided by you.

SCHEDULE
Leighton will provide written updates on potential issues if/when discovered. Assuming we have unhindered access to the site for our reconnaissance, and we receive information requested in the prior section in a timely manner, then our Phase I ISA/ESA report will be issued within 15 to 20 business days following our receipt of written authorization to proceed. It should be noted that some regulatory agencies require up to six weeks to respond to our request for information. Therefore, information received after

Phase 1 ISA/ESA Proposal, Pennsylvania Avenue Grade Separation Project RC22-444

our report submittal, which materially changes our conclusions, will be presented to you in an addendum letter.

FEES AND TERMS
Proposed Fixed Fee
Leighton will conduct the described tasks for a fixed fee of Seven Thousand Nine Hundred Dollars ($7,900.00). If additional field or laboratory services are required, these supplemental services will be provided in accordance with Leighton‘s current Professional Fee Schedule. We understand that the scope and tasks for this project are not subject to either California or Federal prevailing wage laws.

Leighton will conduct a search for Environmental Liens and Activity Use and Limitations for the subject site as described in ASTM E 1527-13. According to the information provided, one parcel and one owner is associated with the subject site. If additional owners are found during the research of liens, or if the deed documentation has separate deed references (purchased at separate times) or if found to split, additional fees may be incurred that were not included as a part of this proposal.

Terms and Conditions
If our proposed scope, fee, terms and conditions are acceptable to you, please send us a contract for review and a notice to proceed.

Phase 1 ISA/ESA Proposal, Pennsylvania Avenue Grade Separation Project RC22-444

CLOSURE
We look forward to working with you on this project. If you have questions regarding our proposal or information that would update our scope of work, please call us at your convenience at 866-LEIGHTON, directly at the phone extension and/or e-mail address listed below.

Respectfully submitted,

LEIGHTON CONSULTING, INC.

Meredith Church, PG
Principal Geologist
Extension 4208, [email protected]

MDC/lr

Attachments: Phase I ISA/ESA Owner/Site Contact Interview Form Phase I ISA/ESA User Questionnaire Form

Distribution: (1) Addressee

Phase I ISA/ESA Owner/Site Contact Interview Form
Interviewee Name: Title:

Address: Phone:

Relationship to Property:

Name of Property Owner:

Address of Property Owner:

Site Name:

Property Address:

Previous Street Names/Numbers:

General Business Type/Present Property Use:

Property Utilization during Ownership:

Assessor Parcel #: Grant Total Square Footage:

Total # of Buildings: Date Built:

Name and Address of Past Owners (include dates of ownership):

Past Property Uses (include dates):

Source of Potable Water Supply (municipal/groundwater wells):

Sewage Disposal (municipal/septic) (provide name of utility):

Means of Heating/Cooling (gas, electric, heating oil, etc.):

Fuel Source for Heating/Air Conditioning (provide name of utility):

Neighboring Property Types (commercial/industrial/residential):

Current Uses of Adjoining Properties: North:

South:

East:

West:

Phase I ESA Owner/Site Contact Interview Form

ARE THERE NOW, OR HAVE THERE BEEN IN THE PAST, ANY OF THESE ITEMS ONSITE OR ON ADJACENT PROPERTIES:

ITEM YES NO UNK ADJACENT

PROPERTY
•Hazardous Materials
•Hazardous Waste
•MSDS Sheets
•Underground Storage Tanks (USTs)
•Aboveground Storage Tanks (ASTs)
•Vent Pipes, fill pipes, or access ways indicating
a fill pipe to an underground storage area
•Odors
•Drums
•Electrical or hydraulic equipment known to
contain Polychlorinated Biphenyls (PCBs)
•Stained soil or surfaces
•Drains
•Sumps
•Clarifier
•Pits, ponds, or lagoons
•Stressed vegetation
•Areas for dumping solid waste (landfill)
•Wastewater
•Wells (groundwater, oil, and/or gas)
•Septic Systems
•Fill Material (if fill material is on site, please
state source of fill)

Phase I ESA Owner/Site Contact Interview Form

ADDITIONAL QUESTIONS: YES NO UNK REMARKS
Has the Site been used as any of the following: gas station, motor repair facility, commercial printing facility, metal plating, dry cleaners, photo developing laboratory, junkyard, or landfill, or as a waste treatment, storage, disposal,
processing, or recycling facility? If so, state which type of facility.

Are you aware of any Phase I or Phase II environmental site assessments, soil sampling reports, geotechnical or geologic reports, environmental compliance audit reports,
environmental permits, registrations for USTs or ASTs,
community right-to-know plans, environmental safety plans or reports regarding hazardous waste generation for the Site? Do you know of any notices or correspondence from any
government agency relating to past or current violations of environmental laws with respect to the Site or relating to environmental liens encumbering the Site?
Do you know of any pending, threatened, or past litigation or administrative proceedings relevant to hazardous substances or petroleum products in, on or from the Site?
Do you know of any notices from any governmental entity regarding any possible violation of environmental laws or possible liability relating to hazardous substances or
petroleum products?
Do you know of any environmental concerns associated with the Site? If so please state in remarks column.

Do you know of any environmental concerns associated with any adjacent or nearby properties? If so please state in remarks column.

Additional Comments:

Preparer presents that to the best of the preparer’s knowledge the above statements and facts are true and correct, and to the best of the preparer’s actual knowledge no material facts have been suppressed or misstated.

Signature Date

Phase I ISA/ESA Users Questionnaire
Project Name:

Complete and Correct Address(es) of the Property and APN(s):

User Company Name: User Name/Title:

User Phone/Email:

Interviewee Name and Relationship to Project:

Site Owner:

Reason Phase I is required:

Type of property:

Type of property transaction (e.g., Sale, purchase, exchange):

Any scope of services beyond the ASTM Practice E 1527:

All Parties that will rely on the Phase I report:

Name and Contact Information for Site Contact:

Any special terms or conditions:

Any other pertinent knowledge or experience with the property (e.g., prior reports, documents, correspondence concerning the environmental conditions of the property):

Phase I ESA User Questionnaire

(1). Environmental cleanup liens that are filed or recorded against the site (40 CFR 312.25).

Did a search of recorded land title records (or judicial records where appropriate identify any environmental liens filed or recorded against the property under federal, tribal, state or local law? Yes | No If Yes, Describe:
(2). Activity and land use limitations (AULs) that are in place on the site or that have been filed or recorded in a registry (40 CFR 312.26).

Did a search of recorded land title records (or judicial records where appropriate) identify any AULs, such as engineering controls, land use restrictions or institutional controls that are in place at the property and/or have been filed or recorded against the property under federal, tribal, state or local law? Yes | No If Yes, Describe:
(3). Specialized knowledge or experience of the person seeking to qualify for the Landowners Liability Protections (LLP) (40 CFR 312.28).

Do you have any specialized knowledge or experience related to the property or the property or nearby properties? For example, are you involved in the same line of business as the current or former occupants of the property or an adjoining property so that you would have specialized knowledge of the chemicals and processes used by this type of business? Yes | No
If Yes, Describe:
(4). Relationship of the purchase price to the fair market value of the property if it were not contaminated (40 DRF 312.29).

Does the purchase price being paid for this property reasonably reflect the fair market value of the property? Yes | No
If you conclude that there is a difference, have you considered whether the lower purchase price is because contamination is known or believed to be present at the property? Yes | No If Yes, Describe:
(5). Commonly known or reasonable ascertainable information about the property (40 CFR 312.30).

Are you aware of commonly known or reasonably ascertainable information about the property that would help the environmental professional to identify conditions indicative of releases or threatened releases? For example, as user, (a.) Do you know the past uses of the property? Yes | No (b.) Do you know of specific chemicals that are present or once were present at the property? Yes | No (c.) Do you know of spills or other chemical releases that have taken place at the property? Yes | No (d.) Do you know of any environmental cleanups that have taken place at the property? Yes | No If Yes, Describe:
(6). The degree of obviousness of the presence of likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation (40 CFR 312.31).

Based on your knowledge and experience related to the property are there any obvious indicators that point to the presence or likely presence of contamination at the property? Yes | No If Yes, Describe:

Signature Date Signed

Pennsylvannia Avenue Grade Separation October 2022

Page | 1
Scope of Work

Pennsylvania Avenue Grade Separation Project
Noise Scope of Work

DATE: October 10, 2022
PREPARED FOR: Stephanie Oslick, West Coast Director of Environmental Services, Moffatt & Nichol PREPARED BY: Michelle A. Jones, Principal Entech Consulting Group

Purpose and Objective
The City of Beaumont proposes to widen Pennsylvania Avenue in the central part of the city along the I-10 corridor from its existing two-lane configuration to four lanes, to accommodate projected growth and current congestion. The portion of Pennsylvania Avenue to be widened is a 2,700-foot- long segment (0.51 miles) from Mile Post 562.64 to 563.50. In addition, there will also be an approximate 2,500-foot shoofly that will be constructed within the Union Pacific Right of Way. The project is required to undergo NEPA/Categorical Exclusion documentation. Therefore, a Noise Study Report (NSR) is required that meets Caltrans requirements, as Caltrans is the Lead Agency for the project. The NSR will summarize the noise analysis results following updated established protocols and guidelines outlined in the Caltrans Local Assistance Procedures Manual, the Caltrans Noise Protocol (April 2020), and the Caltrans TeNS Manual (September 2013).

Scope of Work

Task 1: Project Coordination Caltrans District 8 Noise Staff Entech Consulting Group will work with Moffat Nichol to obtain concurrence from Caltrans District 8 Oversight staff, the City of Beaumont on model inputs, assumptions, applicable regulatory requirements to evaluate noise impacts, and methodology used for the noise analysis. A noise workplan will be developed to communicate the parameters of the noise study for agency approval.

Changes that occur after the approval of the noise study workplan and/or increase the scope of work outlined in this proposal will be considered out of scope and additional budget will be requested to cover changes.

Task 2: Conduct On-Site Monitoring of Sensitive Receptors A reconnaissance of the area project area will be conducted to determine existing land use activities, developed lands, and undeveloped lands for which development is planned, designed, and programmed, which may be affected by noise from the project. A listing of sensitive receptors and associated noise measurement sites will be provided. The selection of sensitive receptors and noise measurement sites will follow the Caltrans TeNS document's guidance. A review of land development projects in the area will be conducted to determine if these areas have been approved and whether noise abatement will need to be considered as part of this project. One (1) long-term measurement and up to three (3) short-term measurements will be taken to characterize the existing environment and to assist with model calibration.

Task 3: Predictive Noise Modeling
Noise modeling will be conducted to predict current, future no-build, and one (1) build alternative noise levels using the appropriate noise predictive model TNM 2.5. Prediction is based on inputs

Pennsylvannia Avenue Grade Separation October 2022

Page | 2
such as projected traffic volume (average daily traffic), traffic mix (percentage of truck traffic), topography, and distance of the project from the receptors. The design year's peak hour noise for the proposed project will be modeled at selected noise-sensitive receptors based on forecast traffic volumes. Modeling must be adequate to accurately predict the noise levels at each of the receptors, assess the number of properties within 500 feet of the project that are impacted or will be impacted, and determine the increase in traffic noise. Predicted noise impacts for the future build alternatives will be compared to the future no-build alternative to determine if a noise impact will occur. If a noise impact occurs, noise abatement will be considered.

Task 4: Noise Abatement Evaluation
In accordance with FHWA and Caltrans requirements, noise abatement measures will be considered at locations along the alignment where traffic noise impacts are predicted, if necessary. If traffic noise impacts are predicted at the sensitive receptors, noise abatement measures must be evaluated at these locations. Noise abatement is only considered where frequent human use occurs, and a lowered noise level would be of benefit. A feasible and reasonable analysis will be performed at sensitive receptor locations where a traffic noise impact was predicted. Noise abatement will be evaluated at impacted sensitive receptor locations by varying wall heights until a 5dBA reduction in the future noise level is achieved. Other considerations such as topography, access requirements, other noise sources, and safety considerations will be included as part of the feasible review. Those sensitive receptors that are determined to be feasible will undergo a reasonableness review. During the reasonableness review, the Caltrans design goal of 7 dB will be used to if a recommended barrier can meet at least a 7 dB or noise reduction at one or more of the benefited receptors and meet the requirements of a cost-benefit analysis.

Task 5: Development of the NSR
Entech will prepare a NSR based on the Caltrans annotated outline dated April 2015. The NSR shall be prepared in accordance with Caltrans and FHWA requirements to support the CEQA/NEPA environmental documentation. The NSR shall consider impacts to frequent outdoor use areas, as defined by FHWA.

A Draft Technical Noise report would be developed and circulated to the project team internally electronically for review and comment. The comments from the project team would be incorporated and incorporated into a Draft NSR and would be developed and circulated to Caltrans and the City of Beaumont. It is assumed that Caltrans will review the technical noise report for a completeness review within 5 days of submittal. After the completeness review, Caltrans and the City of Beaumont will provide comments to the project team. Comments received from Caltrans and the City of Beaumont will be reviewed and incorporated and a final version of the NSR will be developed and circulated for Caltrans approval.

Assumptions
Moffatt & Nichol will provide traffic data and design files for the project alternatives.

Moffatt & Nichol will provide mapping of land use zoning info for affected parcels.

Moffatt & Nichol will develop report figures that meet Caltrans mapping requirements for the NSR report.

Moffatt & Nichol will provide MicroStation overlay files using Entech’s TNM coordinates to delineate receiver locations, roadway information and other modeling input data (see example).

Pennsylvannia Avenue Grade Separation October 2022

Page | 3
This scope is limited to one internal team review and one round of response to comments from Caltrans District 8 and the City of Beaumont.

Pennsylvannia Avenue Grade Separation October 2022

Page | 4

Budget
Staff Name

Staff Noise
Analyst
Noise
Analyst Principal Total
Hourly Billing Rate $92.38 $150.00 $200.19
Task 1: Coordination with Caltrans District 8 Noise
Staff-Workplan Development 0 0 12 $2,402.28
Task 2: Conduct On-Site Monitoring of Sensitive
Receptors 24 0 0 $2,217.12
Task 3: Predictive Noise Modeling 0 24 0 $3,600.00
Task 4: Noise abatement evaluation 0 8 0 $1,200.00
Task 5: Development of the Draft and Final NSR
response to comments 0 0 30 $6,005.70
Subtotal Costs 24 32 42 $15,425.10
Other Direct Costs
Sound Level Meter Rental $750/meter 2 $1,500
Travel-mileage $100
Total Costs $17,025.10

Pennsylvannia Avenue Grade Separation October 2022

Page | 5
Example Mapping

Staff Report

TO: City Council
FROM: Thaxton Van Belle, General Manager of Utilities
DATE November 15, 2022
SUBJECT: Approve Third Amendment to Agreement for an Extension of a Contract with Clinical Laboratory Services of San Bernardino, Inc., to Provide Laboratory Testing Services at the City of Beaumont Wastewater Treatment Plant

Description Staff is recommending an 18-month extension of the current contract through June 30, 2024, with Clinical Laboratory Services of San Bernardino, Inc., to Provide Laboratory Testing Services at the City of Beaumont Wastewater Treatment Plant.

Background and Analysis:

Currently, the City of Beaumont utilizes Clinical Laboratory Services of San Bernardino, Inc., to perform wastewater sampling and testing services at the City’s Wastewater Treatment Plant (WWTP). The City’s WWTP is permitted by the U.S. Environmental Protection Agency (USEPA) and the State Water Quality Control Board under Order No.

R8-2015-006 and NPDES No. CA0105376 to collect wastewater, treat wastewater, and discharge treated wastewater. The permits require that wastewater from the WWTP be sampled and tested by certified laboratories that document the laboratory analysis and provide the results to the City. The City then files the laboratory results to the State Water Quality Control Board per the requirements within the Monitoring and Reporting Program section of the NPDES permit.

The City issued a request for proposals (RFP) on November 27, 2018, to interested firms qualified to provide laboratory testing services at the WWTP. The RFP specified the scope of services needed for the WWTP, including the specific analysis of wastewater required and the number of tests needed on an annual basis.

On January 2, 2019, City Council awarded a contract to Clinical Lab of San Bernardino, Inc., to provide Wastewater Laboratory Testing services for the City of Beaumont WWTP. The Agreement of Services included a three-year term in the contract.

On August 18, 2020, the First Amendment was granted to extend the “Services to be Performed” as well as increase the “Compensation”.

On December 7, 2021, the Second Amendment was granted to extend the “Services to be Performed”.

Staff is recommending an extension of the current contract to June 30, 2024, with Clinical Laboratory Services of San Bernardino to include the 2022 -2024 Testing Services. Extension of a contract beyond the initial period is allowed with a four-fifths vote of the council per City code 3.02.070. An 18 -month extension allows the next RFP to coincide with the fiscal year rather than the current contract that runs a calendar year.

The cost to continue services with Clinical Laboratory Services of San Bernardino, Inc. in the amount not to exceed $191,000.00.

Fiscal Impact:

The fiscal impact for WWTP laboratory services will be in the amount not to exceed $191,000.00. Account line item 700-4050-7068-0000.

Recommended Action:

Approval of the Third Amendment to Agreement for an extension to June 30, 2024, with Clinical Laboratory Services of San Bernardino, Inc., to provide laboratory testing services at the City of Beaumont Wastewater Treatment Plant in the amount not to exceed $191,000.00 if approved by a four-fifths vote
Attachments:

A. Third Amendment to Agreement with Clinical Laboratory Services B. Second Amendment to Agreement
C. First Amendment to Agreement
D. Original Contract

THIRD AMENDMENT TO AGREEMENT FOR INDEPENDENT CONTRACTOR

THIS THIRD AMENDMENT TO AGREEMENT OF SERVICES BY INDEPENDENT CONTRACTOR (“Amendment”) is made and effective as of the 1st day of January 2023 by and between the CITY OF BEAUMONT (“CITY”), a general law city, and Clinical Lab of San Bernardino, INC., a California Corporation (“CONTRACTOR”) in consideration of the mutual promises and purpose contained herein, the parties agree as follow:

RECITALS

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

A. On January 2, 2019, the CITY and CONTRACTOR entered into that certain agreement entitled “Agreement of Services by Independent Contractor” (“Agreement”).

B. On August 18th, 2020, the first Amendment was granted to extend the “Services to be Performed” as well as increase the “Compensation”.

C. On December 7th, 2021, the second Amendment was granted to extend the “Services to be Performed”.

AMENDMENT

Section 1 of the Agreement is hereby amended to extend the “Term of Agreement “effective as of the date first above written and shall continue until terminated as provided for herein.

Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after June 30, 2024, unless extended by the parties with the approval of the City Council of the CITY.

Section 4 of the Agreement is hereby amended to increase the “Compensation” Agreement an additional Sixty-Four Thousand Two Hundred Dollars ($64,200.00). Notwithstanding anything in the Agreement shall not exceed a total contract amount of One Hundred Ninety-One Thousand Dollars ($191,000.00).

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 the event of a conflict between the Agreement and this Amendment, this Amendment shall control.
[Signatures on following page]

SIGNATURE PAGE TO

CITY OF BEAUMONT

THIRD AMENDMENT

CITY:

CITY OF BEAUMONT

By: ________________________________
Lloyd White, Mayor
CONTRACTOR:

CLINICAL LAB OF SAN BERNARDINO,
INC., a California corporation

By: ______________________________

Print Name: _______________________

Title: _____________________________

ATTEST:

By: _______________________________
Nicole Wheelwright, Deputy City Clerk
APPROVED AS TO FORM:

By: ___________________________
John O. Pinkney, City Attorney

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com

BILLING DEPARTMENT
[email protected]
REPLY TO:

Palm Springs, California
November 4, 2022
CITY OF BEAUMONT PROFESSIONAL SERVICES THRU: 10/31/2022 TOTAL DUE: $97,518.15
Sincerely,

SBEMP,LLP
By: Accounting Department

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 4, 2022
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*421Faircliff
Professional services through: 10/31/2022: Invoice #75156 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $1,705.00

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 4, 2022
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Abrego
Professional services through: 10/31/2022: Invoice #75157 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $7,812.50

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 4, 2022
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*AIG
Professional services through: 10/31/2022: Invoice #75158 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $663.00

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 4, 2022
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*George
Professional services through: 10/31/2022: Invoice #75161 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $247.50

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 4, 2022
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Gregg
Professional services through: 10/31/2022: Invoice #75162 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $2,119.50

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 4, 2022
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*I.S.

Professional services through: 10/31/2022: Invoice #75163 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $35,085.75

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 4, 2022
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Illoputaife
Professional services through: 10/31/2022: Invoice #75164 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $8,200.30

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 4, 2022
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Police Dept
Professional services through: 10/31/2022: Invoice #75167 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $119.50

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 4, 2022
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Urban Logic
Professional services through: 10/31/2022: Invoice #75168 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $508.50

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 4, 2022
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont-Gen Lit
Professional services through: 10/31/2022: Invoice #75169 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $2,200.00

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
October 4, 2022
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont-Labor&Employ
Professional services through: 09/30/2022: Invoice # 74436 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $502.20

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 4, 2022
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont-NobleCreekRev
Professional services through: 10/31/2022: Invoice #75171 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $1,696.90

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 4, 2022
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont-OverRetainer
Professional services through: 10/31/2022: Invoice #75172 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $26,206.60

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 4, 2022
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont-Retainer
Professional services through: 10/31/2022: Invoice #75173 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $7,501.00

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 4, 2022
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont-UtilityAuthor
Professional services through: 10/31/2022: Invoice #75174 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $286.80