17 CITY OF BEAUMONT
PUBLIC WORKS AGREEMENT
EXHIBIT “C”
Insurance Certificates and Endorsements
Staff Report
TO: City Council
FROM: Doug Story, Director of Community Services
DATE May 2, 2023
SUBJECT: Approve a Purchase Order for RDO Equipment Co. for the Purchase of a John Deere Skip Loader in the Amount of $151,657.09
Description Approve Purchase Order for Skip Loader.
Background and Analysis:
The Beaumont Community Services Department is seeking to purchase a new piece of equipment that will assist in various projects and tasks in City parks and right-of-ways.
This piece of equipment has historically been rented by the department when needed, but now the number of projects and tasks that require the equipment warrants the purchase. This equipment is used by the department to move material such as sand, dirt, gravel, and large items used in the maintenance of the City owned parks and right- of-ways.
After contacting local dealers, it was found that a cooperative purchasing agreement was available for the purchase of this equipment through Sourcewell pricing a greement.
Beaumont Municipal Code Section 3.01.110- (C) states: “Competitive Bidding Already Completed. When the Authorized Contracting Party determines that a competitive bid procedure has been conducted by another public agency (e.g. through CMAS or GSA ) and the price to the City is equal to or better than the price to that public agency.” Based on the Sourcewell agreement, this equipment is offered at a 39% discount on retail pricing and affords the best available price to the City at this time.
Fiscal Impact:
Funding for this purchase is available as a budgeted item in 100-6050-8060 from a previous reappropriation of FY 21/22 funds. These funds were reappropriated due to no availability of the equipment in FY 21/22. The total cost of the purchase is $151,657.09.
The total amount budgeted for the purchase was $180,000.
The estimated cost to prepare this report was $95.
Recommended Action:
Approve the Purchase Order for RDO Equipment Co. for the purchase of a skip loader in the amount of $151,657.09.
Attachments:
A. RDO Equipment Company Quote
Retail Purchase Order
RDO Equipment Co.
20 Iowa Avenue
Riverside CA, 92507
Phone: (951) 778-3700 - Fax: (951) 778-3746
Bill To:
CITY OF BEAUMONT
550 E 6TH ST
BEAUMONT, CA, 922232253
RIVERSIDE ()
(951) 572-3236
Ship To:
CITY OF BEAUMONT
550 E 6TH ST
BEAUMONT, CA, 922232253
(951) 572-3236
Purchase Order Date:
Purchase Order #:
Purchaser Account #:
Customer Purchase Order #:
Customer Purchaser Type:
Customer Market Use:
Location of First Working Use:
Dealer Account Number:
Sales Professional:
Phone:
Fax:
Email:
4/20/2023
1604450
8524015
TBD
Governmental - City/Town/Village
Underground - Sewer/Water
BEAUMONT, CA, 922232253
177637
Ryan Hernandez
(951) 675-5654
(951) 778-3746
[email protected]
Equipment Information
Quantity Serial Number
Stock Number
Hours
(approx.)
Status / Year / Make / Model
Additional Items
Cash Price
1 TBD
TBD
0 New 2022 JOHN DEERE 210P $203,301.32
Freight in FACTORY FREIGHT $5,500.00
Freight Out DELIVER TO CUSTOMER $750.00
Prep / Reconditioning PDI/SALES WASH/EINS $4,100.00
Customer Discount SOURCEWELL DISCOUNT ($76,791.78)
Warranty -John Deere Comprehensive-48 Months, 3000
Hours,Deductible: 0, Exp Date: 11/13/2026
$3,883.00
Equipment Subtotal:$140,742.54
Purchase Order Totals
Balance:$140,742.54
CA STATE TAX:$8,444.55
CA COUNTY TAX:$351.86
CA SPECIAL TAX:$2,111.14
Sales Tax Total:$10,907.55
CA Tire Fee:$7.00
Sub Total:$151,657.09
Cash with Order:$0.00
Balance Due:$151,657.09
D1604450 Page 1 of 7Page 753 of 786
Legal Information
For the Construction Product(s)
ACKNOWLEDGMENTS - Purchaser offers to sell, transfer, and convey the item(s) listed as “Trade In” to the Dealer at or prior to the time of delivery of the above Product(s), as a “trade-in” to be applied against the cash price. Purchaser represents that each “trade-in” item shall be free and clear of all security interests, liens, and encumbrances at the time of transfer to the Dealer except to the extent shown below. The price to be allowed for each “trade-in” item is listed on this document. The Purchaser promises to pay the balance due shown hereon in cash, or to execute a Time Sale Agreement (Retail Installment Contract), or a Loan Agreement for the purchase price of the Product(s), plus additional charges shown thereon, or to execute a Lease Agreement, on or before delivery of the Product(s) ordered herein. Despite delivery of the Product(s) to the Purchaser, title shall remain with the Seller until one of the foregoing is accomplished. Except as provided herein and as necessary to protect RDO Equipment from the claims or a bankruptcy trustee or a buyer in the ordinary course or business, the Purchaser and the Dealer agree that this Purchase Order is not a security agreement and that delivery of the Product(s) to the Purchaser pursuant to this Purchase Order will not constitute possession of the Product(s) by the Purchaser, as a debtor, for the purposes of the purchase money security provisions in any statutes relating to personal property security or its equivalent. Purchaser understands that its rights in connection with this purchase are limited as set forth in this Purchase Order. I (we) hereby grant a security interest to RDO Equipment in the Product.
DISCLOSURE OF REGULATION APPLICABILITY - When operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board In-Use Off-Road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. More information is available on the California Air Resources Board website at http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm .
IMPORTANT WARRANTY NOTICE - The Standard Warranty for new John Deere construction and forestry products is set forth in a separate document provided by the dealer.Please read the Standard Warranty carefully before signing. No express warranty is made unless specified in the Warranty Statement. PURCHASER'S RIGHTS AND REMEDIES PERTAINING TO THIS PURCHASE ARE LIMITED AS INDICATED IN THE STANDARD WARRANTY AND PURCHASE ORDER. WHERE PERMITTED BY LAW, NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS MADE.
Telematics: Orders of telematic devices include only the hardware. Where available, telematics software, including JDLink™ connectivity service, may be enabled from your local John Deere Operations Center or JDLink website. Please see your authorized John Deere dealer for assistance.
The undersigned purchaser(s) (the “Purchaser”) hereby orders the product (the “Product”) described above from the Dealer. The Dealer shall not be liable for failure to provide the Product or for any delay in delivery if such failure or delay is due to the Dealer's inability to obtain such Product from the manufacturer or supplier or other cause beyond the Dealer's control. The cash price shown above is subject to the Dealer receiving the Product from the manufacturer or supplier prior to any change in price by the manufacturer or supplier and is also subject to any new or increased taxes being imposed upon the sale of the Product after the date of this Purchase Order.
Upon signature of delivery acknowledgment, customer is accepting the equipment, including attachments, in “AS IS” condition, agreeing to notify RDO Equipment Co. within 24 hours of any damages or discrepancies found upon receipt of equipment.
Signature Area
Purchase Order Accepted By:
(Customer's Signature)(Date Accepted)
(Authorized Signature of Dealer)(Date Accepted)
Delivery of Equipment Acknowledgement:
(Customer's Signature)Date Accepted
Standard Warranty Acknowledgement:
(Delivered On)(Warranty Begins)
Extended Warranty Oil Sampling Acknowledgement:
(Customer's Intials)({deal owner's title}'s Initials)
D1604450 Page 2 of 7Page 754 of 786
Equipment Options
Qty Serial Number Year / Make / Model Description
1 TBD 2022 JOHN DEERE 210P 17J0T 210 P-tier Tractor Loader 0202 United States
0259 English
1004 Ultimate Cab
1053 Seat - Suspension Cloth Enhanced with Tilt Steering for Cab 183E JDLinkâ„¢
8083 Grade Control Ready
3006 Powershift Transmission - Mechanical Front Wheel Drive (MFWD) with Open Differential
6151 Single Battery
6522 Dual Tilt Cylinders
8272 Rear Weight - 1,500 lb.
8273 Wheel Weights
7040 Three-Function Loader Hydraulics, Single Lever with EH Control 7856 86 in. (2.18 m.) Wide, 1.25 cu. yd. (0.96 cu. m.) Multi-Purpose Bucket
8279 88 in. (2.24 m.) Next Gen Box Blade - Grade Control Ready 8115 MFWD Driveshaft Guard
8284 Transmission Guard
D1604450 Page 3 of 7Page 755 of 786
US/CAN DEERE Warranty Statement Ver. 9.0 Effective 21 March 2019 Page 1 of 4
STANDARD WARRANTY FOR NEW JOHN DEERE
CONSTRUCTION, UTILITY, CCE AND FORESTRY PRODUCTS – US & Canada
• Construction, Forestry & Compact Construction Equipment (CCE) Products*: 12 months Full Machine Standard Warranty
• * Compact Construction Equipment Products Delivered and settled on or after 01 June 2018: 24 months or 2000 hours (whichever comes first) Full Machine Standard Warranty • C&E Series Pull-Type Scrapers: 6 months Full Machine Standard Warranty • DC & DE Series Pull-Type Scrapers: 12 months Full Machine Standard Warranty • Scraper Tractors: 24 Months or 2000 Hours (whichever occurs first) Full Machine Standard Warranty • Forestry Attachments: 12 Months or 2000 Hours (whichever occurs first) Full Machine Standard Warranty • Frontier Equipment: 6 months Full Machine Standard Warranty (90 days in rental applications) The "Standard Warranty" is part of the warranty protection package available from John Deere Construction & Forestry Company (John Deere Limited in Canada) ("John Deere") to purchasers of new John Deere products ("product"):
STANDARD Warranty is John Deere's standard new product warranty, described in this document, provided at no additional charge to the purchaser.
EXTENDED Warranty is a separate repair contract made available by John Deere for purchasers who wish to complement their Standard Warranty coverage. Complete Extended Warranty details, including coverage options and limitations, are set forth in the Application for Extended Warranty, which is available from authorized John Deere dealers.
STRUCTURALL Warranty applies to certain structural components as listed below and as described in this document.
FACTORY-INSTALLED UNDERCARRIAGE Warranty applies to certain undercarriage components as listed below and as described in this document.
A. STANDARD WARRANTY - GENERAL PROVISIONS
John Deere will repair or replace, at its option, any parts (except those specified below) of a new John Deere product that, as delivered to the original retail purchaser(s), are defective in material or workmanship. Performance of this warranty will be free of charge for parts and labor/labour, except as otherwise stated below. Standard Warranty applies only to purchases from John Deere and authorized John Deere dealers and, except as otherwise provided in the next sentence and section L below, is extended only to the original retail purchaser of the product. Remaining Standard Warranty applicable to a used John Deere product is transferred to a subsequent purchaser of the product only if the subsequent purchaser requests a transfer from an authorized John Deere dealer before the product's Standard Warranty expires. Coverage begins on the date of delivery of the product to the original retail purchaser. For purposes of this warranty, a product that has been rented, used for demonstration purposes for 150 or more hours, or otherwise used prior to its original retail purchase has been "used" for the total duration of such use. Warranty statements required by law covering engine emissions-related parts and components are found on a separate written warranty certificate provided to the purchaser at the time of the original retail purchase.
B. WHAT IS COVERED BY STANDARD WARRANTY -
All parts of a new John Deere product (except those noted in Sections D and E below) are covered during the Standard Warranty period set out above.
C. EXCLUSIVE REMEDY -
The repair or replacement of covered parts or components that are defective, as provided in Sections A, B, D.2 and D.3 herein, shall be the purchaser's exclusive remedy for any defect in the product. However, if after repeated attempts such repair or replacement fails to correct the performance problem caused by the defect, the purchaser's sole remedy shall be a refund of the amount paid for the product (in exchange for a return of the product), excluding any transportation charges, license fees, taxes and insurance premiums, and less a reasonable allowance for use of the product prior to its return. In no event will the dealer, John Deere or any company affiliated with John Deere be liable for any incidental or consequential damages, including but not limited to loss of profits, rental of substitute equipment or other commercial loss. Correction of defects in the manner provided above shall constitute fulfillment of all liabilities of the Dealer, John Deere, or any company affiliated with John Deere to the purchaser or any other D1604450 Page 4 of 7Page 756 of 786
US/CAN DEERE Warranty Statement Ver. 9.0 Effective 21 March 2019 Page 2 of 4 person, whether based upon contract, tort, strict liability, or otherwise. This limitation does not apply to claims for personal injury.
D. ITEMS COVERED SEPARATELY -
1. Standard Warranty does not apply to batteries, radios, tires, cameras, or to Cummins, MTU or Detroit Diesel Engines installed in John Deere products, which are covered by separate written warranties.
2. Factory-Installed Undercarriage Warranty covers all non-rubberized factory-installed undercarriage wear components for 3 years or 4,000 hours from the date of delivery to the original retail purchaser, whichever occurs first (unless terminated earlier under Section F, below). For purposes of this warranty, a product that has been rented, used for demonstration purposes for 150 or more hours, or otherwise used prior to its original retail purchase has been "used” for the total duration of such use. In addition to the items listed in section E below, Factory-Installed Undercarriage Warranty does not cover: failures due to wear, machine application, maintenance practices, or improper machine configuration; removal and installation labor/labour; transportation or hauling costs; unapproved parts; non-wear items; and rubberized undercarriage components such as rubber tracks.
Warranty claims will be pro-rated based upon wear of the failed component and whether track shoe width is approved by John Deere. Factory-Installed Undercarriage Warranty does not apply to Scraper Tractors.
3. StructurALL Warranty for new John Deere Products (except Compact Excavators & Loaders, Skid-Steer Loaders, Compact Track Loaders, Scraper Tractors, Pull-Type Scrapers, and Forestry Attachments, which are not eligible for StructurALL Warranty) begins at the date of delivery to the original retail purchaser and ends (unless terminated earlier under Section F, below) after three (3) years, or 10,000 hours (whichever occurs first). For purposes of this warranty, a product that has been rented, used for demonstration purposes for 150 or more hours, or otherwise used prior to its original retail purchase has been "used” for the total duration of such use.
StructurALL Warranty applies only to the following structural components listed below as installed on the product at the time of original manufacture. If a particular component is not listed below it is not covered by StructurALL Warranty.
Arm; Articulation Joint (incl. pins & bushings); Bin Frame; Boom; Carbody; C-Frame*; Circle Frame; Coupler (John Deere built ONLY); Dipperstick; Draft Frame; Engine Frame; Equipment Frame; Grapple Arch and Grapple Boom; Loader Arm; Loader Frame; Mainframe; Moldboard Lift Arm; NeverGrease™ Pin Joints [Includes steering pin and bushing joints (standard equipment), roller elements (roller bearings) in bucket to boom joints and sliding elements (bushing) for boom and linkage joints (optional equipment)]; Rollover Protection Structure (ROPS); Side Frame; Swing Frame; Track Frame; Undercarriage Frame; X-Frame; Z-bar loader linkage (including bell crank and bucket driver link); Specialty booms and arms marketed as "heavy duty" by John Deere.
Items Covered by StructurALL for Cut-to-Length Forestry Machines: Front frame (welded assembly); Rear frame (welded assembly); Crane king post with basement; Middle joint frame; Cabin swing frame; Main Boom
StructurALL Warranty does not apply to:
1. Any product used primarily in extreme duty or severe duty applications such as but not limited to:
demolition and wrecking, chemical plant (including fertilizer plants), salt mines, steel mill, land fill and transfer stations, scrap handling, scarifying and other applications that are similarly destructive or similarly heavy duty except specialty booms and arms as stated in Section D.3 above.
2. C-Frames on H-Series & J-Series Crawlers equipped with root rakes or used in forestry applications unless equipped with an "extreme duty” reinforcement package.
3. Cut-to-Length Forestry Heads and Slash Bundler Units.
4. Crawlers equipped with optional side booms.
5. Cut-to-Length Forestry, Excavator, and Log Loader swing bearings.
6. Motor Graders equipped with front- or rear-mounted snow wings.
D1604450 Page 5 of 7Page 757 of 786
US/CAN DEERE Warranty Statement Ver. 9.0 Effective 21 March 2019 Page 3 of 4
E. ITEMS NOT COVERED -
John Deere is NOT responsible for the following:
1. Freight
2. Adjustments to compensate for wear, for periodic maintenance or adjustments that result from normal wear and tear.
3. Damage caused by unapproved adjustments (electronic or mechanical) to machine or machine components outside of published specifications including but not limited to engine, hydraulic components and relief valves.
4. Program updates, calibrations, and pressure adjustments.
5. Diagnostic Time
6. Additional Labor/Labour Time - Above SPG/Labor/Labour Rate
7. Additional Cleaning - Above SPG/Labor/Labour Rate
8. Rental Fees
9. Depreciation or damage caused by normal wear or application, lack of reasonable and proper maintenance, failure to follow operating instructions, misuse, negligence, collision or other accidents.
10. Premiums charged for Overtime Labor/Labour
11. Transportation to and from the dealership.
12. Travel time, mileage or service calls by the dealer.
13. Non-John Deere components or modifications, Rotobec grapples, and attachments installed aftermarket.
14. Shop supplies and maintenance items such as, but not limited to: filters, fuels, oil, hydraulic fluid, lubricants, coolants, conditioners, shop towels, cleaners and degreasers. Note: Reimbursement for refills of oils/coolants lost due to a warrantable failure is covered when a system failure occurs outside the boundaries of a normal oil change (within 25% of specified change interval as provided in the Operator's Manual).
15. Torn, cut, or worn hoses.
16. Wear items, such as, but not limited to: body liner, belts, blades, bulbs, lubricated joints (including pins and bushings), dry brakes, brake linings, dry clutch linings, saw blades, chains, skidder grapple shocks, color marking nozzles, and articulation bumpers.
17. Items such as cutting-edge parts, delimbing knives, bucket teeth and rubber track are not warranted for depreciation or damage caused by normal wear, lack of proper maintenance, misuse, failure to follow operating instructions, the elements or accident.
18. Any defect in a non-covered component, or damage to or failure of a covered component caused by a defect in a non-covered component.
19. Secondary damage which occurs from continued operation of a product after recognition of the occurrence of a failure.
20. Parts supplied or modifications done by third party suppliers.
21. Topping off fluids when fluid levels fall in the range between low and full
22. Parts/Kits not ordered on machine and installed aftermarket. These parts will be covered by any applicable parts warranty.
23. Attachments installed aftermarket – i.e. Winch not installed at factory.
24. Custom options installed outside the factory – i.e. G.R. Manufacturing option packages.
25. Used Products (except as otherwise provided in section L below).
F. TERMINATION OF WARRANTY-
John Deere is relieved of its obligations under Standard Warranty, StructurALL Warranty, Factory-Installed Undercarriage Warranty and/or Extended Warranty if:
1. Service (other than normal maintenance and replacement of service items) is performed by someone other than an authorized John Deere dealer; or
2. The product is modified or altered in ways not approved by John Deere; or
3. Any unapproved or improperly sized attachment is installed on the product. Approval and attachment size shall be at John Deere's sole discretion. (Consult dealer prior to installing attachments or product modification).
4. The product is moved outside the US and/or Canada.
G. PARTS REPLACED UNDER WARRANTY -
Only new or remanufactured parts or components furnished or approved by John Deere, will be used if John Deere elects to repair the product. If any such part or component is defective in material or workmanship when installed in the product, John Deere will repair or replace, as it elects, such defective part or component, provided the defect is D1604450 Page 6 of 7Page 758 of 786
US/CAN DEERE Warranty Statement Ver. 9.0 Effective 21 March 2019 Page 4 of 4 reported to an authorized John Deere dealer within 90 days of installation or before expiration of the applicable Standard Warranty, Factory-Installed Undercarriage Warranty and/or StructurALL Warranty whichever is later.
H. TELEMATICS
NOTICE: Products may be equipped with telematics hardware and software (“Telematics”) that transmit data to John Deere/ Dealer. Purchaser may deactivate Telematics at www.jdlink.com .
Notwithstanding Purchaser’s right, title or interest in the Products, Purchaser agrees that John Deere and Dealer (their affiliates, successors and assigns), without further notice to Purchaser have the right to:
1. Access, use, collect and disclose any data generated by, collected by, or stored in, Products or any hardware or devices interfacing with Products (“Machine Data”);
2. Access Machine Data directly through data reporting devices integrated within, or attached to, Products, including Telematics (“Data Reporting Systems”); and
3. Update the Data Reporting Systems software from time to time. Machine Data will only be used in accordance with John Deere’s Machine Data Policy, located at www.JohnDeere.com/MachineDataPolicy .
I. OBTAINING WARRANTY SERVICE -
To obtain warranty service, the purchaser must request warranty service from a John Deere dealer authorized to sell the product to be serviced. When making such a request, the purchaser must present evidence of the product's delivery date, make the product available at the dealer's place of business, and inform the dealer in what way the purchaser believes the product to be defective. Standard Warranty, Factory-Installed Undercarriage Warranty and/or StructurALL Warranty repairs may be made in the field if the purchaser and servicing dealer so desire. However, John Deere will not be responsible for any charges (such as dealer travel time, mileage or extra labor/labour) that would not have been incurred had the product been repaired at the dealer's place of business.
J. NO IMPLIED WARRANTY, CONDITIONS OR OTHER REPRESENTATION - Where permitted by law, neither John Deere nor any company affiliated with it makes any warranties, representations, conditions or promises, express or implied, as to the quality, performance, or freedom from defect of its products, other than those set forth in this document and NO IMPLIED WARRANTY OF MERCHANTABILITY, CONDITIONS OR FITNESS IS MADE.
K. NO DEALER WARRANTY -
The selling dealer makes no warranty of its own on any item covered by this warranty, and makes no warranty on other items unless the dealer delivers to the purchaser a separate written warranty certificate specifically warranting the item. The dealer has no authority to make any representation or promise on behalf of John Deere, or to modify the terms or limitations of this warranty in any way.
L. USED JOHN DEERE PRODUCTS ONLY -
John Deere will transfer remaining Standard Warranty, Factory-Installed Undercarriage Warranty and/or StructurALL Warranty to the purchaser of a used John Deere construction and/or forestry product that has been used for less than the full warranty period provided at the product's original retail purchase. This transfer is not effective until change of ownership is registered by a John Deere dealer. ALL THE TERMS, INLCUDING LIMITATIONS AND EXCLUSIONS,
OF THE JOHN DEERE STANDARD WARRANTY, FACTORY-INSTALLED UNDERCARRIAGE WARRANTY,
AND/OR STRUCTURALL WARRANTY ORIGINALLY PROVIDED FOR THE PRODUCT REMAIN IN EFFECT AND APPLICABLE.
D1604450 Page 7 of 7Page 759 of 786
Staff Report
TO: City Council
FROM: Elizabeth Gibbs, City Manager
Todd Hopkins, CalFire Division Chief
DATE May 2, 2023
SUBJECT: Discussion and Update on the Purchase of a Spartan 105’ Quint Aerial Apparatus Ladder Truck for Fire Station 106 – Capital Improvement Project No.
PS-05
Description Discussion and update on CIP Project No. PS-05 Background and Analysis:
Currently the City of Beaumont staffs one fire engine and one squad that serves over 50,000 residents, plus all of the consumers and employees in the many small businesses, brick and mortar stores, and new logistic centers throughout the City.
Medical calls, fires, and rescue calls continue to increase each year as the City’s population increases. The City also continues to add multi-story homes, multi-story businesses, multi-story classrooms in the school district, logistic centers, as well as increase transit on the Interstate. However, the fire department resources have stayed stagnant and have not developed with the changing needs of the City. As these dynamics change within the City, the type of equipment the City maintains also needs to adjust so that the public, the infrastructure and other assets are protected.
With the addition of Fire Station No.106, the City would benefit most by adding an aerial ladder truck as the apparatus that responds from the new station. Currently, the two closest ladder trucks to Beaumont are owned by the Morongo Band of Mission Indians and the City of Moreno Valley with an average 19-minute response time at best.
During the Fiscal Year 2022-2023 budget process and adoption of a 5-year capital improvement plan, City Council authorized $1,400,000 of the State and Local Fiscal Recovery Funds (SLFRF) allocation to purchase an aerial ladder truck for the new Fire Station No. 106 – CIP Project No. PS-05. The SLFRF funds are required to be obligated by December 31, 2024, and completely spent by December 31, 2026. The use of the funds in the preliminary rule were to replace lost revenue, respond to the far-reaching public health and negative economic impacts of the pandemic, provide premium pay for
essential workers, and invest in water, sewer, and broadband infrastructure. The final rule has since made the use of these funds broader, allowing for the use on general public services.
During the COVID pandemic, many fire apparatus manufacturers struggled financially causing them to shut down factories, lay off workers and merge with other companies through buyouts. This has caused supply and demand issues and with inflation, has dramatically increased the cost of fire apparatus across the board.
The Riverside County Fire Department has historically purchased trucks from KME or Spartan as the two primary manufacturers who met or exceeded the county’s specifications. Currently, KME has had a purchase order for the build of a new truck for the county that has been issued for over two years and has still not begun the build.
Additionally, the price of trucks manufactured from Spartan has experienced significant increases, so the county decided to obtain a quote and to purchase the new fleet of trucks from a third manufacturer, Rosenbauer.
In November 2022, staff requested, and Council approved, an additional $400,000 of General Fund dollars towards the purchase of the ladder truck as previously estimated costs were below market pricing. A letter was then sent to Chief Weiser on November 16, 2022, authorizing the purchase of a 2023 Rosenbauer Commander 100’ Tractor Drawn Aerial Quint in an amount not to exceed $1,800,000 (Attachment A).
After receiving a quote and obtaining approval from City Council for the purchase of the ariel ladder truck for the City of Beaumont, the RVC Fleet team inspected a post - production ladder truck from Rosenbauer and subsequently determined the vehicle did not meet the specifications or standards of the Riverside County Fi re Department. The Riverside County Fire Department determined that due to the truck not meeting the county’s specifications the County would not move forward with future fleet purchases with Rosenbauer and instead returned to Spartan for a quote and to proceed with ordering. Spartan has quoted the cost of $2,259,521.81 for the county specified apparatus; however, the Spartan model is 105’ in length as opposed to the Rosenbauer at 100’ in length.
In order to keep consistency, maintenance and standardized specifications across the county, CalFire recommends the City consider purchasing a ladder truck from Spartan.
Additional funding would be needed for CIP Project No. PS -05 in the amount of $690,000.
Fiscal Impact:
The total cost for purchasing the Spartan model is $2,259,521.81 and staff recommends adding a 10% contingency of $226,000.00. The City Council has already approved $1,800,000.00 for the purchase of the truck, therefore, the additional cost would be $459,521.81 plus $226,000.00 contingency.
The current draft budget for FY2023-2024 has the estimated cost for half a year of Fire Station 106 costs with personnel staffing for an engine. The County has verbally agreed to pay for the additional three positions needed to staff the ladder truck.
Recommended Action:
Discuss the updated information and provide City staff with direction. Should City Council decide to allocate funds to increase CIP Project No. PS -05, the item would need to be brought back as a public hearing on May 16, 2023, to amend the current capital improvement plan.
Attachments:
A. Letter to Chief Weiser dated November 16, 2022
Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE May 2, 2023
SUBJECT: Discussion on Proposed Assembly Bills – AB1000 (Reyes) and AB1748 (Ramos)
Description CalCities has reached out to cities in San Bernardino and Riverside Counties to gather input from cities on the proposed Assembly Bills AB1000 and AB1748.
Background and Analysis:
CalCities monitors legislation and advocates for cities in the State of California. There are two proposed Assembly Bills which have the potential to impact cities within San Bernardino and Riverside Counties. The bill analysis are below:
AB1000 Qualifying logistics use projects: This bill would prohibit a local agency from approving the development or expansion of any qualifying logistics use, as defined, within 1,000 feet of sensitive receptors with few exceptions. The bill would authorize a local agency to approve the development or expansion of a qualifying logistics use greater than 750 feet from a sensitive receptor and within 1,000 feet of a sensitive receptor only if the local agency takes certain actions, including, among other things, conducting a cumulative analysis of the air quality impacts of the warehouse development project, as specified. The bill would require a local agency, upon receipt of an application for a warehouse development project, to take certain actions, including posting information on its internet website that is easily accessible and easily understandable by the public, as specified.
The bill would require the lead agency to conduct at least one scoping meeting at a location within one mile of the project site, except as provided. At the scoping meeting, the bill would require the lead agency to provide a description of the project and any information known about the project’s potential environmental impacts and take public comments regarding potential environmental impacts of the project, as specified. In a meeting in which a warehouse development project is being considered, the bill would require the lead agency, upon request, to provide translation services in a requested threshold language.
The bill would authorize an individual affected by a violation of these provisions or the Attorney General to bring an action to enjoin a violation of the provisions of this bill.
The bill provides definitions and further specifies criteria for approval of a project as shown below:
A local agency may approve the development or expansion of a qualifying logistics use that is greater than 750 feet from and within 1,000 feet of a sensitive receptor only if the local agency does all of the following:
(1) Conducts a cumulative analysis of the air quality impacts of the warehouse development project, thoroughly considering the project’s incremental impact in combination with past, present, and reasonably foreseeable future projects, even if the project’s individual impacts alone do not exceed the applicable significance thresholds.
When developing the analysis, the local agency shall identify actions to address cumulative warehouse impacts, including emissions and health risk analyses, as well as develop mitigation plans that include quantifiable reductions in pollution and incorporate cumulative impacts.
(2) Requires all heavy-duty vehicles domiciled onsite to be model year 2014 or later from the start of operations and shall expedite a transition to zero emission vehicles, with the fleet fully zero emission by December 31, 2025, or when commercially available for the intended application, whichever date is later.
(A) For the purposes of this subdivision, a zero-emission vehicle shall ordinarily be considered commercially available if the vehicle is capable of serving the intended purpose and is included in the California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project (HVIP).
(B) The local agency shall be responsible for the final determination of commercial availability based on all the facts and circumstances at the time the determination is made. A local agency shall not determine that those vehicles are commercially unavailable unless the operator submits documentation from a minimum of three electric vehicle dealers identified on HVIP’s internet website demonstrating the inability to obtain the required electric vehicles or equipment needed within six months.
(3) Requires owners, operators, or tenants of the qualifying facilities to utilize a clean fleet of light- and medium-duty vehicles as part of business operations. For any light- or medium-duty vehicle domiciled onsite, all of the following “clean fleet” requirements apply:
(A) Thirty-three percent of the fleet shall be zero-emission vehicles at start of operations.
(B) Sixty-five percent of the fleet shall be zero-emission vehicles by December 31, 2024.
(C) Eighty percent of the fleet will be zero-emission vehicles by December 31, 2026.
(D) One hundred percent of the fleet will be zero-emission vehicles by December 31, 2028.
(4) Requires all onsite equipment used at the warehouse to be zero emission with the necessary charging or fueling stations provided.
(5) Requires all off-road construction equipment used for the warehouse development project to be zero emission, where available, or hybrid electric-diesel and all diesel- fueled off-road construction equipment to be equipped with State Air Resources Board Tier 4 engines compliant with the standards set forth in Article 4 (commencing with Section 2420) of Chapter 9 of Division 3 of Title 13 of the California Code of Regulations as written on January 1, 2023.
(6) Requires zero-emission truck charging or fueling stations proportional to the number of dock doors at the project, running conduit to designated locations fo r future zero- emission truck charging stations.
(7) Requires constructing electric plugs for electric transport refrigeration units at every dock door and requires truck operators with transport refrigeration units to use the electric plugs when at loading docks. An owner of a facility is exempt from the requirements of this subdivision if the owner records a covenant on the title of the underlying property that ensures the property shall not be used to provide refrigerated warehouse space.
(8) Requires installation of solar photovoltaic systems and companion battery storage on the project site of a specified electrical generation capacity that is equal to or greater than the building’s projected energy needs, including all electrical chargers and designing all project building roofs to accommodate the maximum future coverage of solar panels and installing the maximum solar power generation capacity feasible.
(9) Prohibits trucks onsite from idling for more than three minutes and requires operators to turn off an engine when not in use.
(10) Prohibits the idling of heavy construction equipment for more than five minutes.
Upon receipt of an application for a warehouse development project, a local agency shall do all of the following:
(a) Post information on its internet website that is easily accessible and easily understandable by the public regarding both of the following:
(1) The project, including a complete and accurate project description, maps, and drawings of the project design.
(2) The process by which interested members of the public can provide comments and input regarding the project.
(b) Mail or cause to be delivered a notice with a brief description of the warehouse development project and instructions to obtain information posted pursuant to subdivision (a) to both of the following:
(1) All owners and occupants of properties located within 1,000 feet of the project site.
(2) All schools located within two miles of the project site.
(c) Provide the information and notices required pursuant to this section in English and all threshold languages.
The lead agency shall conduct at least one scoping meeting at a location within one mile of the project site except as provided in subdivision (b).
(b) If the lead agency makes a good faith effort and is unable to secure a location for the scoping meeting within one mile of the project site, the lead agency may hold the meeting at another location that meets both of the following requirements:
(1) The meeting location is readily accessible to residents of disadvantaged communities located within one-half of one mile of the project site. (2) If feasible, the meeting location is located within one -half of one mile of a transit stop.
(c) If the scoping meeting is held on a weekday, the scoping meeting sha ll be held between the hours of 5 p.m. and 8 p.m.
(d) At the scoping meeting, the lead agency shall do both of the following:
(1) Provide a description of the project and any information known about the project’s potential environmental impacts.
(2) Take public comments regarding potential environmental impacts of the project, including any social and economic impacts related to a direct or indirect physical change caused by the project, project alternatives, and mitigation measures that would avoid or reduce any potentially significant environmental impacts.
(e) In a meeting in which a warehouse development project is being considered, the public agency, upon request, shall provide translation services in a requested threshold language.
An individual affected by a violation of this chapter or the Attorney General may bring an action to enjoin a violation of this chapter.
AB1748 Qualifying logistics use projects: This bill would prohibit the County of Riverside, the County of San Bernardino, and any of the cities within those counties from approving the development or expansion of any qualifying logistics use, as defined, that is adjacent to sensitive receptors, as defined, unless the local agency imposes a minimum setback on the qualifying logistics use of 300 feet or follows an industrial guideline framework, as specified.
The bill provides definitions and further specifies criteria for approval of a project as shown below:
A local agency shall not approve the development or expansion of any qualifying logistics use that is adjacent to a sensitive receptor unless the local agency does either of the following:
(1) Imposes a minimum setback on the qualifying logistics use of 300 feet from the building’s loading docks measured from the property line of any sensitive receptor to the nearest dock door using a direct straight-line method.
(2) Follows an industrial guideline framework, good neighbor policy, or sustainability ordinance adopted by the local agency, which, in its discretion, adequately balances siting qualifying logistics uses next to sensitive receptors.
Staff has reviewed and analyzed both bills within the context of the City’s legislative platform and the adopted Policy on Land Use and Sensitive Receptors (PLUS). Both proposed bills would constitute a state mandated program and would either all or in part act in opposition to local control.
Fiscal Impact:
The cost to prepare this staff report is approximately $100.
Recommended Action:
Discuss and provide direction to staff.
Attachments:
A. AB1000 Text
B. AB1748 Text
C. City of Beaumont PLUS
AMENDED IN ASSEMBLY MARCH 30, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1000
Introduced by Assembly Member Reyes
February 15, 2023
An act to amend Section 65580 of add Chapter 2.8 (commencing with Section 65098) to Division 1 of Title 7 of the Government Code, relating to land use.
legislative counsel’s digest
AB 1000, as amended, Reyes. Land use: housing. Qualifying logistics use projects.
(1) Existing law, the Planning and Zoning Law, sets forth various requirements relating to the review of development project permit applications and the issuance of development permits for specified classes of development projects.
This bill would prohibit a local agency from approving the development or expansion of any qualifying logistics use, as defined, within 1,000 feet of sensitive receptors, as defined, except as provided.
The bill would authorize a local agency to approve the development or expansion of a qualifying logistics use greater than 750 feet from a sensitive receptor and within 1,000 feet of a sensitive receptor only if the local agency takes certain actions, including, among other things, conducting a cumulative analysis of the air quality impacts of the warehouse development project, as specified. The bill would require a local agency, upon receipt of an application for a warehouse development project, to take certain actions, including posting information on its internet website that is easily accessible and easily understandable by the public, as specified.
98 Page 769 of 786
The bill would require the lead agency to conduct at least one scoping meeting at a location within one mile of the project site, except as provided. At the scoping meeting, the bill would require the lead agency to provide a description of the project and any information known about the project’s potential environmental impacts and take public comments regarding potential environmental impacts of the project, as specified.
In a meeting in which a warehouse development project is being considered, the bill would require the lead agency, upon request, to provide translation services in a requested threshold language.
By modifying and increasing the duties of local agencies with regard to qualifying logistics use projects, the bill would impose a state-mandated local program.
The bill would authorize an individual affected by a violation of these provisions or the Attorney General to bring an action to enjoin a violation of the provisions of this bill.
(2) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law declares the importance of, and general responsibility for, making housing available and affordable for all Californians.
This bill would make nonsubstantive changes to those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no yes. State-mandated local program: no yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Chapter 2.8 (commencing with Section 65098) line 2 is added to Division 1 of Title 7 of the Government Code, to read:
line 3
line 4 Chapter 2.8. The Good Neighbor Policy
line 5
line 6 65098. This chapter shall be known, and may be cited, as “The line 7 Good Neighbor Policy.”
line 8 65098.1. For purposes of this chapter:
98 — 2 — AB 1000 Page 770 of 786
line 1 (a) “Development or expansion of any qualifying logistics use” line 2 means any of the following:
line 3 (1) The development of any qualifying logistics use. line 4 (2) The expansion of any existing qualifying logistics use. line 5 (3) The expansion of any existing logistics use, where the line 6 logistics use after the expansion would be a qualifying logistics line 7 use.
line 8 (b) “Local agency” means a city, including a charter city, line 9 county, or a city and county.
line 10 (c) “Qualifying logistics use” means any logistics use with line 11 100,000 or more square feet of building space, including, but not line 12 limited to, warehouses.
line 13 (d) “Sensitive receptors” means one or more of the following:
line 14 (1) A residence, including, but not limited to, a private home, line 15 apartment, condominium unit, group home, dormitory unit, line 16 retirement home, or shelter.
line 17 (2) A school, including, but not limited to, a preschool, line 18 prekindergarten, or school maintaining kindergarten or any of line 19 grades 1 to 12, inclusive.
line 20 (3) A daycare facility, including, but not limited to, in-home line 21 daycare.
line 22 (4) A health care facility, including, but not limited to, any line 23 hospital, medical clinic, community clinic, medical center, nursing line 24 home, long-term care facility, hospice, convalescent facility, or line 25 similar live-in housing.
line 26 (5) A community center.
line 27 (6) An established community place of worship. line 28 (7) An incarceration facility, including, but not limited to, a line 29 prison or jail.
line 30 (8) A public playground, public recreation field, or public line 31 recreation center.
line 32 65098.3. (a) A local agency shall not approve the development line 33 or expansion of any qualifying logistics use that is within 1,000 line 34 feet of a sensitive receptor except as provided in subdivision (b). line 35 (b) A local agency may approve the development or expansion line 36 of a qualifying logistics use that is greater than 750 feet from and line 37 within 1,000 feet of a sensitive receptor only if the local agency line 38 does all of the following:
line 39 (1) Conducts a cumulative analysis of the air quality impacts line 40 of the warehouse development project, thoroughly considering the 98 AB 1000 — 3 — Page 771 of 786
line 1 project’s incremental impact in combination with past, present, line 2 and reasonably foreseeable future projects, even if the project’s line 3 individual impacts alone do not exceed the applicable significance line 4 thresholds. When developing the analysis, the local agency shall line 5 identify actions to address cumulative warehouse impacts, line 6 including emissions and health risk analyses, as well as develop line 7 mitigation plans that include quantifiable reductions in pollution line 8 and incorporate cumulative impacts.
line 9 (2) Requires all heavy-duty vehicles domiciled onsite to be model line 10 year 2014 or later from the start of operations and shall expedite line 11 a transition to zero emission vehicles, with the fleet fully zero line 12 emission by December 31, 2025, or when commercially available line 13 for the intended application, whichever date is later. line 14 (A) For the purposes of this subdivision, a zero-emission vehicle line 15 shall ordinarily be considered commercially available if the vehicle line 16 is capable of serving the intended purpose and is included in the line 17 California Hybrid and Zero-Emission Truck and Bus Voucher line 18 Incentive Project (HVIP).
line 19 (B) The local agency shall be responsible for the final line 20 determination of commercial availability based on all the facts line 21 and circumstances at the time the determination is made. A local line 22 agency shall not determine that those vehicles are commercially line 23 unavailable unless the operator submits documentation from a line 24 minimum of three electric vehicle dealers identified on HVIP’s line 25 internet website demonstrating the inability to obtain the required line 26 electric vehicles or equipment needed within six months. line 27 (3) Requires owners, operators, or tenants of the qualifying line 28 facilities to utilize a clean fleet of light- and medium-duty vehicles line 29 as part of business operations. For any light- or medium-duty line 30 vehicle domiciled onsite, all of the following “clean fleet” line 31 requirements apply:
line 32 (A) Thirty-three percent of the fleet shall be zero-emission line 33 vehicles at start of operations.
line 34 (B) Sixty-five percent of the fleet shall be zero-emission vehicles line 35 by December 31, 2024.
line 36 (C) Eighty percent of the fleet will be zero-emission vehicles by line 37 December 31, 2026.
line 38 (D) One hundred percent of the fleet will be zero-emission line 39 vehicles by December 31, 2028.
98 — 4 — AB 1000 Page 772 of 786
line 1 (4) Requires all onsite equipment used at the warehouse to be line 2 zero emission with the necessary charging or fueling stations line 3 provided.
line 4 (5) Requires all off-road construction equipment used for the line 5 warehouse development project to be zero emission, where line 6 available, or hybrid electric-diesel and all diesel-fueled off-road line 7 construction equipment to be equipped with State Air Resources line 8 Board Tier 4 engines compliant with the standards set forth in line 9 Article 4 (commencing with Section 2420) of Chapter 9 of Division line 10 3 of Title 13 of the California Code of Regulations as written on line 11 January 1, 2023.
line 12 (6) Requires zero-emission truck charging or fueling stations line 13 proportional to the number of dock doors at the project, running line 14 conduit to designated locations for future zero-emission truck line 15 charging stations.
line 16 (7) Requires constructing electric plugs for electric transport line 17 refrigeration units at every dock door and requires truck operators line 18 with transport refrigeration units to use the electric plugs when line 19 at loading docks. An owner of a facility is exempt from the line 20 requirements of this subdivision if the owner records a covenant line 21 on the title of the underlying property that ensures the property line 22 shall not be used to provide refrigerated warehouse space. line 23 (8) Requires installation of solar photovoltaic systems and line 24 companion battery storage on the project site of a specified line 25 electrical generation capacity that is equal to or greater than the line 26 building’s projected energy needs, including all electrical chargers line 27 and designing all project building roofs to accommodate the line 28 maximum future coverage of solar panels and installing the line 29 maximum solar power generation capacity feasible. line 30 (9) Prohibits trucks onsite from idling for more than three line 31 minutes and requires operators to turn off an engine when not in line 32 use.
line 33 (10) Prohibits the idling of heavy construction equipment for line 34 more than five minutes.
line 35 65098.5. Upon receipt of an application for a warehouse line 36 development project, a local agency shall do all of the following:
line 37 (a) Post information on its internet website that is easily line 38 accessible and easily understandable by the public regarding both line 39 of the following:
98 AB 1000 — 5 — Page 773 of 786
line 1 (1) The project, including a complete and accurate project line 2 description, maps, and drawings of the project design. line 3 (2) The process by which interested members of the public can line 4 provide comments and input regarding the project. line 5 (b) Mail or cause to be delivered a notice with a brief line 6 description of the warehouse development project and instructions line 7 to obtain information posted pursuant to subdivision (a) to both line 8 of the following:
line 9 (1) All owners and occupants of properties located within 1,000 line 10 feet of the project site.
line 11 (2) All schools located within two miles of the project site. line 12 (c) Provide the information and notices required pursuant to line 13 this section in English and all threshold languages. line 14 65098.7. (a) The lead agency shall conduct at least one line 15 scoping meeting at a location within one mile of the project site line 16 except as provided in subdivision (b).
line 17 (b) If the lead agency makes a good faith effort and is unable line 18 to secure a location for the scoping meeting within one mile of the line 19 project site, the lead agency may hold the meeting at another line 20 location that meets both of the following requirements:
line 21 (1) The meeting location is readily accessible to residents of line 22 disadvantaged communities located within one-half of one mile of line 23 the project site.
line 24 (2) If feasible, the meeting location is located within one-half line 25 of one mile of a transit stop.
line 26 (c) If the scoping meeting is held on a weekday, the scoping line 27 meeting shall be held between the hours of 5 p.m. and 8 p.m. line 28 (d) At the scoping meeting, the lead agency shall do both of the line 29 following:
line 30 (1) Provide a description of the project and any information line 31 known about the project’s potential environmental impacts. line 32 (2) Take public comments regarding potential environmental line 33 impacts of the project, including any social and economic impacts line 34 related to a direct or indirect physical change caused by the line 35 project, project alternatives, and mitigation measures that would line 36 avoid or reduce any potentially significant environmental impacts. line 37 (e) In a meeting in which a warehouse development project is line 38 being considered, the public agency, upon request, shall provide line 39 translation services in a requested threshold language. 98 — 6 — AB 1000 Page 774 of 786
line 1 65098.9. An individual affected by a violation of this chapter line 2 or the Attorney General may bring an action to enjoin a violation line 3 of this chapter.
line 4 SEC. 2. The Legislature finds and declares that Section 1 of line 5 this act adding Chapter 2.8 (commencing with Section 65098) to line 6 Division 1 of Title 7 of the Government Code addresses a matter line 7 of statewide concern rather than a municipal affair as that term line 8 is used in Section 5 of Article XI of the California Constitution. line 9 Therefore, Section 1 of this act applies to all cities, including line 10 charter cities.
line 11 SEC. 3. No reimbursement is required by this act pursuant to line 12 Section 6 of Article XIII B of the California Constitution because line 13 a local agency or school district has the authority to levy service line 14 charges, fees, or assessments sufficient to pay for the program or line 15 level of service mandated by this act, within the meaning of Section line 16 17556 of the Government Code.
line 17 SECTION 1. Section 65580 of the Government Code is line 18 amended to read:
line 19 65580. The Legislature finds and declares as follows:
line 20 (a) The availability of housing is of vital statewide importance line 21 and the early attainment of decent housing and a suitable living line 22 environment for every Californian, including farmworkers, is a line 23 priority of the highest order.
line 24 (b) The early attainment of this goal requires the cooperative line 25 participation of government and the private sector in an effort to line 26 expand housing opportunities and accommodate the housing needs line 27 of Californians of all economic levels.
line 28 (c) Providing housing that is affordable to low- and line 29 moderate-income households requires the cooperation of all levels line 30 of government.
line 31 (d) Local and state governments have a responsibility to use the line 32 powers vested in them to facilitate the improvement and line 33 development of housing to make adequate provision for the housing line 34 needs of all economic segments of the community. line 35 (e) The Legislature recognizes that, in carrying out this line 36 responsibility, each local government also has the responsibility line 37 to consider economic, environmental, and fiscal factors and line 38 community goals set forth in the general plan and to cooperate line 39 with other local governments and the state in addressing regional line 40 housing needs.
98 AB 1000 — 7 — Page 775 of 786
line 1 (f) Designating and maintaining a supply of land and adequate line 2 sites suitable, feasible, and available for the development of line 3 housing sufficient to meet the locality’s housing need for all income line 4 levels is essential to achieving the state’s housing goals and the line 5 purposes of this article.
O
98 — 8 — AB 1000 Page 776 of 786
AMENDED IN ASSEMBLY MARCH 30, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1748
Introduced by Assembly Member Ramos
February 17, 2023
An act to amend Section 1 of the Government Code, relating to state government. An act to add Chapter 2.8 (commencing with Section 65098) to Division 1 of Title 7 of the Government Code, relating to local government.
legislative counsel’s digest
AB 1748, as amended, Ramos. Government Code. Qualifying logistics use projects.
Existing law, the Planning and Zoning Law, sets forth various requirements relating to the review of development project permit applications and the issuance of development permits for specified classes of development projects.
This bill would prohibit the County of Riverside, the County of San Bernardino, and any of the cities within those counties from approving the development or expansion of any qualifying logistics use, as defined, that is adjacent to sensitive receptors, as defined, unless the local agency imposes a minimum setback on the qualifying logistics use of 300 feet or follows an industrial guideline framework, as specified. By imposing new requirements on local agencies, the bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
98 Page 777 of 786
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Riverside and San Bernardino and the cities located within those counties.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law establishes the Government Code and prescribes general provisions for purposes of its interpretation.
This bill would make a nonsubstantive change to the provision naming the Government Code.
Vote: majority. Appropriation: no. Fiscal committee: no yes. State-mandated local program: no yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Chapter 2.8 (commencing with Section 65098) line 2 is added to Division 1 of Title 7 of the Government Code, to read:
line 3
line 4 Chapter 2.8. Qualifying Logistics Use Projects line 5
line 6 65098. (a) For purposes of this section:
line 7 (1) “Development or expansion of any qualifying logistics use” line 8 means any of the following:
line 9 (A) The development of any qualifying logistics use. line 10 (B) The expansion of any existing qualifying logistics use. line 11 (C) The expansion of any existing logistics use, where the line 12 logistics use after the expansion would be a qualifying logistics line 13 use.
line 14 (2) “Local agency” means any of the following:
line 15 (A) The County of Riverside.
line 16 (B) The County of San Bernardino.
line 17 (C) Any city located within the County of Riverside or the line 18 County of San Bernardino.
line 19 (3) “Qualifying logistics use” means any logistics use with line 20 400,000 or more square feet of building space, including, but not line 21 limited to, warehouses.
line 22 (4) “Sensitive receptors” means one or more of the following:
98 — 2 — AB 1748 Page 778 of 786
line 1 (A) A legally permitted residence, including, but not limited to, line 2 a private home, apartment, condominium unit, group home, line 3 dormitory unit, retirement home, or shelter.
line 4 (B) A school, including, but not limited to, preschool, line 5 prekindergarten, or school maintaining kindergarten or any of line 6 grades 1 to 12, inclusive.
line 7 (C) A licensed daycare facility.
line 8 (D) A health care facility, including, but not limited to, any line 9 hospital, medical clinic, community clinic, medical center, nursing line 10 home, long-term care facility, hospices, convalescent facility, or line 11 similar live-in housing.
line 12 (E) A community center.
line 13 (F) An established community place of worship. line 14 (G) A public playground, public recreation field, or public line 15 recreation center.
line 16 (b) A local agency shall not approve the development or line 17 expansion of any qualifying logistics use that is adjacent to a line 18 sensitive receptor unless the local agency does either of the line 19 following:
line 20 (1) Imposes a minimum setback on the qualifying logistics use line 21 of 300 feet from the building’s loading docks measured from the line 22 property line of any sensitive receptor to the nearest dock door line 23 using a direct straight-line method.
line 24 (2) Follows an industrial guideline framework, good neighbor line 25 policy, or sustainability ordinance adopted by the local agency, line 26 which, in its discretion, adequately balances siting qualifying line 27 logistics uses next to sensitive receptors.
line 28 SEC. 2. The Legislature finds and declares that Section 1 of line 29 this act adding Chapter 2.8 (commencing with Section 65098) to line 30 Division 1 of Title 7 of the Government Code addresses a matter line 31 of statewide concern rather than a municipal affair as that term line 32 is used in Section 5 of Article XI of the California Constitution. line 33 Therefore, Section 1 of this act applies to all cities within the line 34 Counties of Riverside and San Bernardino, including charter cities. line 35 SEC. 3. The Legislature finds and declares that a special statute line 36 is necessary and that a general statute cannot be made applicable line 37 within the meaning of Section 16 of Article IV of the California line 38 Constitution because of the significant need to protect homes, line 39 schools, daycare facilities, and other sensitive receptors in the line 40 Counties of Riverside and San Bernardino, and in the cities located 98 AB 1748 — 3 — Page 779 of 786
line 1 within those counties, from the potential harm created by large line 2 warehouses and other logistics uses.
line 3 SEC. 4. No reimbursement is required by this act pursuant to line 4 Section 6 of Article XIII B of the California Constitution because line 5 a local agency or school district has the authority to levy service line 6 charges, fees, or assessments sufficient to pay for the program or line 7 level of service mandated by this act, within the meaning of Section line 8 17556 of the Government Code.
line 9 SECTION 1. Section 1 of the Government Code is amended line 10 to read:
line 11 1. This act shall be known and may be cited as the Government line 12 Code.
O
98 — 4 — AB 1748 Page 780 of 786
9.6.22 Policy on Land Use and Sensitive Receptors
Purpose
For the past decade, the City of Beaumont was one of the fastest growing cities in the region. The City’s proximity to Los Angeles, Orange and San Diego counties, the availability of affordable land and high quality of life have all contributed to making Beaumont an attractive place to live and work. The continuing rate of growth in Beaumont and in the larger region exceeds the capacity of the City’s financial resources to meet the needs for transportation infrastructure. Warehousing, logistics, e-commerce and distribution are established sectors of the Inland Empire economy and are increasing in the City of Beaumont. These uses contribute to local job growth and continue to expand based on trends in e-commerce. Due to the City’s location, providing direct access to I-10, SR-60 and SR79, it is anticipated that strong demand for growth in the logistics industry will continue.
The City recognizes construction and operations of logistics, warehouses and other similar types of projects in close proximity to sensitive land uses or sensitive receptors, negatively affects quality of life. Sensitive receptors generally include residences, schools, parks, playgrounds, community centers, assisted living, day care centers, nursing homes, hospitals, and similar uses. The City of Beaumont has all of these types of sensitive receptors and additionally has several active-55+ communities.
This policy is intended to provide a guide through which logistics, warehouses and similar projects can be planned in a way that lessens their impact on the community and the environment. This policy will aid in minimizing potential impacts to sensitive receptors by acknowledging the City’s existing General Plan and zoning which provides location and standards for development of these types of projects and California Environmental Quality Act (CEQA) project analysis. This policy does not exempt a project from preparation of the appropriate environmental review and application of any necessary measures that may arise as a result.
This policy provides criteria which shall be implemented to supplement project-level mitigation measures, to further reduce impacts related to logistics, warehousing and any project of similar size or type of development.
The application of this policy is intended to be included in the evaluation of and conditions of approval for individual development projects. This will provide standards for which applicants and the public can look to and will provide an opportunity for City staff to monitor individual conditions of approval. The policies are organized into specific categories, to address potential quality of life issues from initial design to construction and operations.
Applicability
The policy guidelines apply to new projects submitted after the policy approval date and will be implemented during the development review process.
This policy applies to logistics, warehouse and similar projects that include any building larger than 100,000 square feet in size or type. It is intended to provide a general guidance that will be appropriate for most industrial or logistics, warehouse or similar projects. Project-level review under CEQA applies to any project,
9.6.22 regardless of square footage and may include any technical reports including, but not limited to noise, greenhouse gas, air quality, and traffic. The Planning Department shall use this policy to review projects and in instances where a project does not conform to the policy shall document findings to be considered by the Planning Commission and City Council.
Analysis
1. An “Air Quality” study shall be prepared in accordance with CEQA and the South Coast Air Quality Management District (SCAQMD) guidelines which includes both project specific and cumulative impact analysis.
2. A “Health Risk Assessment” shall be prepared in accordance with CEQA and the South Coast Air Quality Management District (SCAQMD) guidelines when a proposed project meeting the criteria of this policy is located within 1,000 feet of a sensitive receptor.
3. A “Noise Impact Analysis” shall be prepared in accordance with CEQA guidelines to assess potential impacts to the neighboring properties and surrounding community.
4. A “Construction Traffic Control Plan” shall be prepared, reviewed and approved prior to issuance of a grading permit, which details the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations.
5. A “Traffic Study” or “Traffic Impact Analysis” shall be prepared in accordance with CEQA, analyzing both Vehicle Miles Traveled (VMT) and Level of Service (LOS) C as allowed by the City’s General Plan. The study shall identify improvements and fair share costs for the project.
6. A stacking or queuing study shall be provided as part of the project review. The study shall identify the necessary on-site queuing area so vehicle and truck traffic waiting to access the site shall not extend into the public right-of-way.
7. A “Water Supply Assessment” shall be prepared as part of the environmental review process.
8. A “Sewer Study” shall be prepared as part of the project review process.
9. An “Economic Impact Study” shall be prepared as part of the project review process. At a minimum, the study shall provide a cost for service analysis, estimate of revenue generated, anticipated property tax revenue and any other information necessary to provide a comprehensive evaluation of the fiscal impacts to the City.
10. An “Energy Efficiency Plan” shall be prepared as part of the project review process which shows how the project will encourage efficiency above and beyond Title 24 requirements.
Construction Phase
1. During construction of the project, all copy of current California registration for each piece of construction equipment accessing the site shall be provided to the City. If equipment is not registered in
9.6.22 California proof of CARB-Compliant engines or newer as identified by the most current CARB engine standards shall be provided.
2. Construction contractors shall locate or park all stationary construction equipment away from sensitive receptors nearest the project site.
3. The surrounding streets shall be swept on a daily basis to remove any construction related debris and dirt.
4. Dust control measures meeting SCAQMD standards shall be implemented for all land disturbance and construction activity.
5. All Water Quality requirements and best practices shall be adhered to throughout the construction phase.
6. Construction contractors shall prohibit truck drivers from idling more than five (5) minutes and require operators to turn off engines when not in use, in compliance with the California Air Resources Board regulations.
7. During construction, a City representative shall conduct an on-site inspection with a project representative to verify compliance with these policies, and to identify other opportunities to reduce construction impacts.
Siting and Design
1. Truck bays and loading docks shall be a minimum of 1,000 feet, from the property line of the sensitive receptor to the nearest dock door using a direct straight-line method. This distance may be reduced if the site design includes berms or other similar features to appropriately shield and buffer the sensitive receptors from the active truck operations areas. Dock doors shall not be visible from surrounding residential properties or the public right-of-way. Other setbacks appropriate to the site’s zoning classification shall be incorporated in the design.
2. Projects shall be designed to provide adequate on-site parking for commercial trucks and passenger vehicles and on-site queuing for trucks not visible from sensitive receptors. Commercial trucks shall not be parked in the public right-of-way or nearby residential areas. Queuing shall not extend into the public right- of-way.
3. Truck driveways shall be placed on streets that do not front sensitive receptors.
4. Sites shall clearly mark entry and exit points for trucks and service vehicles.
5. Facility operators shall establish specific truck routes between the facility and regular destinations, identifying the most direct routes to the nearest highway/freeway and prohibit traveling near sensitive receptors or through residential neighborhoods. The truck route should be submitted as part of the entitlement package.
9.6.22 6. Separate entry and exit points for trucks and passenger vehicles shall be provided to minimize vehicle/truck conflict.
7. Sites shall be densely screened with landscaping along all bordering streets and adjacent sensitive receptors, with trees spaced no further apart than 25 feet on center. Trees utilized in landscape screening shall be a minimum of 36-inch box. A permanent maintenance mechanism shall be approved as part of the entitlement process to assure that the landscaping remains in place and functional in accordance with the approved landscaping plan.
8. A “wing-wall” shall be installed perpendicular to the loading dock areas to further reduce truck or operational noise and to serve as an aesthetic screening feature for the loading area when adjacent to sensitive receptors.
9. All project lighting shall comply with the City’s “Dark Sky Ordinance”, Beaumont Municipal Code Chapter 8.50 Outdoor Lighting. Lighting shall be shielded and directed down to the interior of the site and not spill over onto adjacent properties.
10. Project facilities shall install electrical panels and conduit to facilitate future electrical connections, to eliminate idling of main and auxiliary engines during the loading and unloading process. At all cold storage facilities electrical connections shall be provided to each dock.
11. Facility construction and operational noise shall comply with Beaumont Municipal Code Chapter 9.02 Noise Control.
12. Sites shall be designed to significantly minimize aesthetic impact and structures shall have a neutral palette, blending in with the surrounding environment.
13. Any mechanical or structural equipment or components located on the exterior of the building shall be screened from view and enclosed to protect the equipment and deter vandalism.
Operation
1. Facility operators shall prohibit truck drivers from idling more than five (5) minutes and require operators to turn off engines when not in use, in compliance with the California Air Resources Board regulations.
2. Facility operators shall coordinate with CARB and SCAQMD to obtain the latest information about regional air quality concentrations, health risks, and trucking regulations.
3. On-site equipment shall be compliant with CARB and SCAQMD regulations.
4. Facility operators shall require all drivers to park and perform any maintenance of trucks in designated on-site areas and not within the surrounding community or on public streets.
5. Facility operators for sites that exceed 250 employees shall establish a rideshare program, in accordance with AQMD rule 2202, with the intent of discouraging single-occupancy vehicle trips and promote alternate modes of transportation, such as carpooling and transit where feasible.
9.6.22 6. A minimum of 5% or as required by the Cal Green Code, whichever is greater of employee parking spaces shall be designated and infrastructure installed and operational for electric or other alternative fueled vehicles.
7. Externally announcing public address (PA) system are prohibited with the exception of emergency notifications.
8. Facility operational noise shall comply with Beaumont Municipal Code Chapter 9.02 Noise Control.
Any ongoing operational noise shall be evaluated through the CEQA process.
Wayfinding
1. Wayfinding signs shall be posted in the appropriate locations that trucks should not idle for more than five (5) minutes and that truck drivers should turn off their engines when not in use.
2. Wayfinding signage shall be posted in the appropriate locations that clearly show the designated entry and exit points for trucks, service vehicles and passenger vehicles.
3. Signs stating parking and maintenance of all trucks is to be conducted within designated areas and not within the surrounding community or on public streets shall be posted in the appropriate locations.
4. Signs should be posted in the appropriate locations and handouts should be provided that show the locations of nearest food options, fueling, truck maintenance services, and other similar convenience services, if these services are not available onsite. The facility operator shall also email this information to drivers expected to visit the site, 24 hours in advance of their arrival.
5. Each facility shall designate a point of contact responsible for implementing the measures described herein and/or in the project conditions of approval and mitigation measures. Contact information should be provided to the City and updated annually, and signs should be posted in visible locations providing the contact information for the point of contact to the surrounding community. These signs shall also identify the website and contact information for the South Coast Air Quality Management District.
6. Signage shall comply with the City’s Sign Ordinance, Beaumont Municipal Code Chapter 17.07 Signage, which may be amended from time to time.
Community Benefit
1. Applicants for proposed projects meeting the criteria for this policy shall engage in meaningful and transparent community outreach to engage the existing community in determining issues of concern. The applicant shall make a quantifiable effort to address concerns through site design and other means during the project entitlement process. Suggested outreach efforts include but are not limited to, hosting community meetings, making presentations at Homeowner’s Association meetings, and Planning Commission workshops.
2. Warehouse/distribution, logistics, e-commerce and other similar types of industrial development typically produce some community impacts related to the construction and operation of these facilities. The
9.6.22 applicant for any new project will be required to participate in the Land Use Management Mitigation Fee, which would be utilized to address applied to further off-set potential air quality impacts to the community and provide a community benefit above and beyond any CEQA related mitigation measures. The fee would be based on a nexus study and subject to the requirements of California Government Code sections 66000- 66025 (the “Mitigation Fee Act”), and Assembly Bill (AB) 1600. The fee will be collected on a one-time basis.
Funds collected through the fee program will be subject to designation for use by the City Council and will generally be used for projects that directly benefit the impacted community wherein the project is located