Agenda packet — Beaumont City Council, October 3, 2023 (part 1 of 5)

BEAUMONT

CALIFORNIA -

CITY COUNCIL CLOSED & REGULAR SESSION
AGENDA
Beaumont Financing Authority
Beaumont Successor Agency (formerly RDA)
Beaumont Utility Authority
Beaumont Parking Authority
Beaumont Public Improvement Authority
Community Facilities District 93-1
Tuesday, October 3, 2023
Closed Session: 5:30 PM Regular Meeting: 6:00 PM
550 E. Sixth Street, Beaumont, CA
Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours.

MEETING PARTICIPATION NOTICE
This meeting will will be recorded for live streaming as well as open to public attendance. Please use the following link during the meeting for live stream access: beaumontca.gov/livestream Public comments will be accepted using the following options.

1. Written comments will be accepted via email and will be read aloud during the corresponding item of the meeting. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council. Comments can be submitted anytime prior to the meeting as well as during the meeting up until the end of the corresponding item. Please submit your comments to:
[email protected] with "Public Comment" in the subject line.

2. Phone-in comments will be accepted by joining a conference line prior to the corresponding item of the meeting. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council. Please use the following phone number to join the call (951) 922 - 4845.

3. In -person comments are accepted by notifying the City Clerk using a provided Request to Speak Form prior to the start of the Public Comment Period. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council.

In compliance with the American Disabilities Act, if you require special assistance to participate in this meeting, please contact the City Clerk's office using the above email or call (951) 572 - 3196.

Notification 48 hours prior to a meeting will ensure the best reasonable accommodation.

Pages

CLOSED SESSION
A. CALL TO ORDER
Mayor Martinez, Mayor Pro Tem Fenn, Council Member Lara, Council Member Voigt, Council Member White
B. PUBLIC COMMENTS REGARDING CLOSED SESSION
B.1 Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
Property: 105 W. 6th Street (APN 417-064-001).

Agency Negotiator: City Manager Elizabeth Gibbs or her designee.

Negotiating Parties: City of Beaumont as potential purchaser and David & Emeline Schuelke as potential seller.

Under Negotiation: Price and terms.

C. ADJOURNMENT TO CLOSED SESSION

REGULAR SESSION
D. CALL TO ORDER
Mayor Martinez, Mayor Pro Tem Fenn, Council Member Lara, Council Member Voigt, Council Member White
Report out from Closed Session
Action on any Closed Session Items
Action of any Requests for Excused Absence
Pledge of Allegiance
Invocation
Adjustments to the Agenda
Conflict of Interest Disclosure
E. ANNOUNCEMENTS / RECOGNITION / PROCLAMATIONS /

CORRESPONDENCE
F. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA)
Any one person may address the City Council on any matter not on this agenda.

If you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute time limit on public comments. There will be no sharing or passing of time to another person.

State Law prohibits the City Council from discussing or taking actions brought up by your comments.

G. CONSENT CALENDAR
Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. Approval of all Ordinances and Resolutions to be read by title only.

G.1 Ratification of Warrants 7
Recommended Action:

Ratify Warrants dated:

September 15, 2023

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G.2 Approval of Minutes 19
Recommended Action:

Approve Minutes dated September 19, 2023.

G.3 Consideration to Join the Emergency Response Network of the Inland Empire (ERNIE), a Regional Mutual Aid Agreement
Strategic Plan Target #1 (Communications/Relationships) Priority Level 3 Goal #4
Recommended Action:

Authorize the Mayor to sign the ERNIE agreement on behalf of the City and direct the City Manager or his/her designee as the ERNIE Mutual Aid Representative.

G.4 Request for Destruction of Retention Met Records
Authorization to dispose of records that have met retention per the adopted retention schedule.

Recommended Action:

Waive the full reading and adopt by title only, "A Resolution of the City of Beaumont Authorizing Destruction of Certain Records in Accordance with the Records Retention Schedule Adopted by City Council." G.5 Improvement Agreement and Security
Improvement agreement and security for street improvements for 84 Lumber Storage Yard (Plot Plan 2022-0458).

Recommended Action:

Accept Security Agreement and Performance and Payment Bonds for (Project / Bond number / Improvement):
• PP2022-0458/ PRF767029900 / Street
G.6 Second Reading of an Ordinance Establishing Objective Design Standards
Amendments to several sections within Chapter 17 of the Beaumont Municipal Code.

Recommended Action:

Waive the second full reading and approve by title only, "An Ordinance of the City Council of the City of Beaumont, California to Amend Chapter

17.03.060 `Residential, Single -Family Zone', Chapter 17.06.065 `Residential, Traditional Neighborhood', Chapter 17.09.040 `Downtown Mixed -Use Zone', Chapter 17.19.060 `Sixth Street Mixed -Use Zone', and Chapter 17.19.070 `Sixth Street Mixed -Use Residential Zone' to establish Objective Design Standards in the Beaumont Municipal Code." H. YOUTH COUNCIL REPORT
Beaumont Youth Council Report Out and City Council Direction I. PUBLIC HEARINGS
Approval of all Ordinances and Resolutions to be read by title only.

1.1 Public Hearing and Request to Amend Beaumont Municipal Code

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27 36
55 102
111

Chapter 17.07 Signs and Chapter 8.50 Outdoor Lighting
Modification to Beaumont Municipal Code Chapter 17.07 Signs for compliance with recent case law pertaining to non-commercial signage and other proposed changes. Modification to Chapter 8.50 Outdoor Lighting for consistency with the Sign Code.

Recommended Action:

Continue the public hearing and request to amend Beaumont Municipal Code Chapter 17.07 Signs and Chapter 8.50 Outdoor Lighting to October 17, 2023.

1.2 Public Hearing for a Request to Amend the City's Sphere of Influence and Amend the General Plan Land Use Map
Expansion of the City's Sphere of Influence, General Plan Land Use Map Amendment and authorization to proceed with LAFCO proceedings to facilitate a boundary adjustment between the cities of Beaumont and Calimesa.

Recommended Action:

Hold a Public Hearing, and
Waive the full reading and adopt by title only, "A Resolution of the City Council of the City of Beaumont, California, Amending the Beaumont Comprehensive General Plan Land Use Element and Land Use Map (Champions Realignment) and Sphere of Influence," and
Waive the full reading and adopt by title only, "A Resolution of Application by the City of Beaumont Requesting the Riverside Local Agency Formation Commission to Take Proceedings for the Realignment of Champions Drive."

1.3 Public Hearing and Consideration of PLAN2023-0999 that is Proposing Amendments to the Land Use Designation Map identified as Figure 3.5 in the 2040 General Plan
Amendments to the General Plan Land Use Designation Map identified as Figure 3.5 in the 2040 General Plan.

Recommended Action:

Continue PLAN2023-0999 to amend Figure 3.5 (Land Use Designation Map) in the 2040 General Plan to October 17, 2023.

J. ACTION ITEMS
Approval of all Ordinances and Resolutions to be read by title only.

J.1
Award a Professional Services Agreement to Interwest for On -Call Plan Checking and Inspection Services and to NV5 for Public Works On -Call Plan Checking, Inspection, and Surveying Services
Award of contracts for Public Works On -Call Checking and Inspection Services.

Recommended Action:

Award a professional services agreement to Interwest for on -call plan checking and inspection services; and to NV5 for on -call plan checking,

Page 4 of 652 ends

inspection, and surveying services.

J.2 Discussion Regarding Amending Sections 2.08.100 and 2.08.150 of the Beaumont Municipal Code Pertaining to Compensation of the City Council, City Treasurer and City Clerk Following the Adoption of Senate Bill 329
Give staff direction regarding potential changes to the salaries of members of the City Council, the City Treasurer and the City Clerk through an ordinance aligning with Senate Bill 329 and applicable law.

Recommended Action:

Increase City Council salaries to $1,600.00 per month in accordance with SB 329.

Increase City Treasurer and City Clerk salaries proportionately to $560.00 per month.

J.3 Authorization for the Procurement of Playground Equipment for DeForge Park, Star Carlton Park, Mt. View Park and Sunny Hills Park Authorization to procure four playgrounds in an amount not to exceed $457,294.21 to Playcore Wisconsin, Inc., DBA Gametime for Capital Improvement Projects P-09 and P-20.

Recommended Action:

Authorize staff to purchase playground equipment for
J.4 Consider Adopting a Resolution Waiving the Major Special Event Permit Application Deposit for the Fairway Canyon Community Homeowners' Association (HOA) Fall Festival
Strategic Plan Target #5 — Quality of Life/Well-Being, Priority Level 2, Goal #5 Increase community events, arts and culture.

Recommended Action:

Waive the full reading and adopt by title only "A Resolution of the City Council of the City of Beaumont California Authorizing the Waiver of the Major Special Event Permit Application Deposit for the Fairway Canyon HOA Fall Festival."
J.5 Consider a Request to Utilize Economic Development Funding for the Hispanic Heritage-BrewFiesta
To utilize up to $3,800 of Economic Development Funding application for the annual Hispanic Heritage-BrewFiesta event in downtown Beaumont.

Recommended Action:

Approve the assistance request for funds to be covered from 1235-7096 program budget in an amount not to exceed $3,800.

J.6 Consider Adopting a Resolution Waiving the Minor Special Event Permit Application Deposit for the HCN Bank Trunk -or -Treat
Strategic Plan Target #5 — Quality of Life/Well-Being, Priority Level 2, Goal #5

Page 5 of 652 ends

Recommended Action:

Waive the full reading and adopt by title only "A Resolution of the City Council of the City of Beaumont California Authorizing the Waiver of the Minor Special Event Permit Application deposit for the HCN Trunk -or - Treat event."
J.7 Discussion and Direction on Downtown Market Night and Events Program Spending
A request for input and direction to staff on the downtown events program spending guidelines.

Recommended Action:

Hold discussion and provide direction to staff on the scope of the downtown market night and events program.

K. LEGISLATIVE UPDATES AND DISCUSSION
L. ECONOMIC DEVELOPMENT UPDATE
Economic Development Committee Report Out and City Council Direction M. CITY TREASURER REPORT
Finance and Audit Committee Report Out and City Council Direction N. CITY CLERK REPORT
O. CITY ATTORNEY REPORT
P. CITY MANAGER REPORT
Q. FUTURE AGENDA ITEMS
• Assessment for the need for additional community center(s) (Future) • Annexation Agreement with the County (October)
• Enforcement of sidewalk vendors (October)
• Citizen's Committee (October)
• Facility Rental Policy / Fee Waiver (October)
R. COUNCIL REPORTS
White
Voigt
Lara
Fenn
Martinez
S. ADJOURNMENT
The next regular meeting of the Beaumont City Council, Beaumont Financing Authority, the Beaumont Successor Agency (formerly RDA), the Beaumont Utility Authority, the Beaumont Parking Authority and the Beaumont Public Improvement Agency is scheduled for Tuesday October 17, 2023, at 6:00 p.m. unless otherwise posted.

Page 6 of 652 ends

BEAUMONT
-C A L I F O R N I A -
wells Fargo
Printed Checks
NvoicePay
ACH
Wire Transfer
Bank Drafts
111826-111839
APA005777-APA005815
735-736
A/P Total
HCN Bank
Returned checks
Ca1PERS
Matrix Trust Co

WARRANTS TO BE RATIFIED
Friday, September 15, 2023
$ 29,299.50 FY 23/24
$ 258,383.95 FY 23/24
$ 6,981.93 FY 23/24
$ 294,665.38
$ 2,500,000.00 Payroll account replenishment
$ 351.19 Permit payment
$ 100.00 Utility payment
$ 57,913.15 743 Classic
$ 56,013.94 742 Classic
$ 36,006.19 27308 PEPRA
S 31,903.96 25763 PEPRA
$ 39.03 743 Classic
$ 31,231.29 Sep -23
1 DO HEREBY CERTIFY THIS WARRANT LIST HAS BEEN COMPILED AND PREPARED TO MEET THE DAILY OPERATIONS FOR THE FISCAL YEAR JULY I, 2023 - JUNE 30, 2024 SIGNATURE:

TITLE: CITY
SIGNATURE.

TITLE: FIN DI
AGENDA ITEM NO.

Page 7 of 652 ends

Check Report
City of Beaumont, CA

BEAUMONT
Vendor Number Vendor Name
Bank Code: AP BANK WF-AP BANK WELLS FARGO
5069 DAVID M. CHAPMAN A PROFESSIONAL LAW CC 09/12/2023
Payable # Payable Type
Account Number
MCKIERNAN 11-9 Invoice
100-1300-7068-0008
3725 JEREMY HARRIS
Payable # Payable Type
Account Number
09/20/23-09/23/ Invoice
100-2050-7066-0000
2118 RCLEAA
Payable # Payable Type
Account Number
2023 LT MACIAS Invoice
100-2050-7066-0000
2023 LT RAMOS Invoice
100-2050-7066-0000
5071 ALI BAJWA
Payable # Payable Type
Account Number
07-010719-04 Invoice
700-0000-0220-0000
1133
Payable #
09/16/23
By Check Number
Date Range: 09/09/2023 - 09/18/2023
Payment Date Payment Type Discount Amount Payment Amount Number Regular 0.00 2,450.00 111826
Post Date Payable Description Discount Amount Payable Amount Account Name Item Description Distribution Amount
09/12/2023 LEGAL SERVICES - BEAUMONT v. TORCAL 0.00 2,450.00 CONTRACTUAL SERVICES LEGAL SERVICES - BEAUMONT v. 2,450.00 09/12/2023 Regular 0.00 259.00 111827
Post Date Payable Description Discount Amount Payable Amount Account Name Item Description Distribution Amount
09/12/2023 PER DIEM FOR TRAINING 0.00 259.00
TRAVEL, EDUCATION, TRA PER DIEM FOR TRAINING 259.00
09/12/2023 Regular 0.00 120.00 111828
Post Date Payable Description Discount Amount Payable Amount Account Name Item Description Distribution Amount
09/12/2023 2023 RCLEAA CONFERENCE 0.00 60.00
TRAVEL, EDUCATION, TRA 2023 RCLEAA CONFERENCE 60.00
09/12/2023 2023 RCLEAA CONFERENCE 0.00 60.00
TRAVEL, EDUCATION, TRA 2023 RCLEAA CONFERENCE 60.00
09/14/2023 Regular 0.00 1,758.58 111829
Post Date Payable Description Discount Amount Payable Amount Account Name Item Description Distribution Amount
09/14/2023 REFUND OF CREDIT ON ACCOUNT 0.00 1,758.58
ACCT REC - SEWER REFUND OF CREDIT ON ACCOU 1,758.58
BEAUMONT INTERACT CLUB 09/14/2023 Regular
Payable Type Post Date Payable Description
Account Number Account Name Item Description
Invoice 09/14/2023 COMMUNITY CLEAN-UP EVENT 09/16/23 0.00 5,000.00 240-2370-7080-0000 CAL -RECYCLE COSTS COMMUNITY CLEAN-UP EVENT 5,000.00 4955 CARMEN ROSALES 09/14/2023 Regular
Payable it Payable Type Post Date Payable Description
Account Number Account Name Item Description
RCT R01319459 C Invoice 09/14/2023 REFUND FOR RENTAL BEING DIRTY UPON 100-0000-4591-0000 PARKS RENTAL REFUND FOR RENTAL BEING DIR 1323
Payable f

0.00 5,000.00 111830
Discount Amount Payable Amount
Distribution Amount
COPWARE INC. 09/14/2023 Regular
Payable Type Post Date Payable Description
Account Number Account Name Item Description
86418 CHECK 2 Invoice 09/14/2023 AUGUST 2023 - JULY 2024 100-2050-7030-0000 DUES & SUBSCRIPTIONS AUGUST 2023 - JULY 2024 5072 JULIA GARDNER 09/14/2023 Regular
Payable # Payable Type Post Date Payable Description
Account Number Account Name
RCT R01344495 Invoice 09/14/2023 DEPOSIT REFUND
100-0000-4591-0000 PARKS RENTAL
Item Description

DEPOSIT REFUND
4452 JULIA STOCKMAN 09/14/2023 Regular

0.00 80.00 111831
Discount Amount Payable Amount
Distribution Amount

0.00 80.00

80.00 0.00 965.00 111832
Discount Amount Payable Amount
Distribution Amount

0.00 965.00
965.00

0.00 250.00 111833
Discount Amount Payable Amount
Distribution Amount

0.00 250.00
250.00

0.00 490.00 111834
9/18/2023 3:17:15 PM

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Page 1 of 11 ends

Check Report
Vendor Number
Payable #
021
Vendor Name
Payable Type
Account Number
Invoice
100-1550-7047-0000
5073 SHEILA JOHNSON
Payable # Payable Type
Account Number
RCT R01338594 Invoice
100-0000-4591-0000
3831
Payable #
691268
696212
3967
Payable #
31277
31288
4175
Payable #
8573776
8574622
3602
Payable #
9052023-2
Date Range: 09/09/2023 - 09/18/2023
Payment Date Payment Type Discount Amount Payment Amount Number Post Date Payable Description Discount Amount Payable Amount Account Name Item Description Distribution Amount
09/14/2023 BALLET CLASSES FOR AUGUST 2023 0.00 490.00
CONTRACT CLASS INSTRC BALLET CLASSES FOR AUGUST 2 490.00 09/14/2023 Regular 0.00 250.00 111835
Post Date Payable Description Discount Amount Payable Amount Account Name Item Description Distribution Amount
09/14/2023 DEPOSIT REFUND 0.00 250.00
PARKS RENTAL DEPOSIT REFUND 250.00
ANIMAL PEST MANAGEMENT SERVICES, INC 09/15/2023 Virtual Payment Payable Type Post Date Payable Description
Account Number Account Name Item Description
Invoice 09/14/2023 Pest Control for City Properties
100-6000-7068-6025 CONTRACTUAL SVC - CITY Pest Control- City Hall 100-6000-7068-6026 CONTRACTUAL SVC - CITY Pest Control- Bldg B 100-6000-7068-6032 CONTRACTUAL SVC- CITY Pest Control- Bldg H 100-6000-7068-6040 CONTRACTUAL SVC- POLI Pest Control- PD 100-6000-7068-6041 CONTRACTUAL SVC- POLI Pest Control- PD Annex 100-6000-7068-6045 CONTRACTUAL SVC- COM Pest Control- CRC 100-6000-7068-6055 CONTRACTUAL SVC- FIRE Pest Control- Fire Station 750-7000-7068-0000 CONTRACTUAL SERVICES Pest Control- Transit 750-7300-7068-0000 CONTRACTUAL SERVICES Pest Control- Transit Yard Invoice
09/14/2023 Pest Control for City Properties
100-6000-7068-6040 CONTRACTUAL SVC- POLI Pest Control- PD ARCHITERRA INC 09/15/2023 Virtual Payment
Payable Type Post Date Payable Description
Account Number Account Name Item Description
Invoice 09/14/2023 Construction & Bid Documents
500-0000-8030-0000 INFRASTRUCTURE IMPRO Construction & Bid Documents Invoice
500-0000-8030-0000
09/14/2023 Landscape Architectural Services- 6th St.

INFRASTRUCTURE IMPRO Landscape Architectural Service

0.00 960.00 APA005777
Discount Amount Payable Amount
Distribution Amount

0.00 0.00
685.00
130.00

65.00 45.00

75.00 45.00
130.00

65.00 65.00

65.00 275.00
275.00

0.00 14,758.25 APA005778
Discount Amount Payable Amount
Distribution Amount

0.00 0.00
14,415.00
14,415.00
343.25
343.25
BRIGHTVIEW LANDSCAPE SERVICES, INC 09/15/2023 Virtual Payment 0.00 6,497.71 APA005779 Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 09/14/2023 Landscape and Shrub Maintenance of City 0.00 1,448.71 100-6050-7068-0000 CONTRACTUAL SERVICES Landscape and Shrub Maintena 1,448.71 Invoice 09/14/2023 Sports Park Field Lighting & Expansion Pro 500-0000-8990-0000 CAPITAL OUTLAY Sports Park Field Lighting & Exp BURRTEC WASTE GROUP, INC 09/15/2023 Virtual Payment
Payable Type Post Date Payable Description
Account Number Account Name Item Description
Invoice 09/14/2023 SLUDGE HAULING SERVICES
700-4050-7068-0000 CONTRACTUAL SERVICES SLUDGE HAULING SERVICES

0.00 5,049.00
5,049.00

0.00 49,895.64 APA005780
Discount Amount Payable Amount
Distribution Amount

0.00 49,895.64
49,895.64
3691 CALIFORNIA RURAL WATER ASSOCIATION 09/15/2023 Virtual Payment 0.00 1,507.00 APA005781 Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount AUG 2023-AUG 2 Invoice 09/14/2023 MEMBERSHIP RENEWAL 0.00 1,507.00 700-4050-7030-0000 DUES & SUBSCRIPTIONS MEMBERSHIP RENEWAL 1,004.66 700-4051-7030-0000 DUES & SUBSCRIPTIONS MEMBERSHIP RENEWAL 502.34 4403 CASTUS CORPORATION 09/15/2023 Virtual Payment

0.00 2,400.00 APA005782
9/18/2023 3:17:15 PM

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Check Report
Vendor Number
Payable #
2027
1302
Payable #
2301253
1353
Payable #
004257
004273
4389
Payable #
028
1382
Payable #
07 1402
Payable #
677509
2937
Payable #
Vendor Name
Payable Type
Account Number
Invoice
210-0000-7090-0000

CLINICAL LABORATORY OF
Payable Type
Account Number
Invoice
700-4050-7068-0000

CUSTOM TROPHIES
Payable Type
Account Number
Invoice
100-1200-7025-0000
100-1235-7025-0000
100-1240-7025-0000
100-1550-7025-0000
100-3100-7025-0000
700-4050-7025-0000
750-7000-7025-0000
Invoice
100-1225-7025-0000
100-1235-7025-0000
100-1350-7025-0000

CYNTHIA GAMACHE
Payable Type
Account Number
Invoice
100-1550-7047-0000

DEANN DOBBINS
Payable Type
Account Number
Invoice
100-1550-7047-0000
Date Range: 09/09/2023 - 09/18/2023
Payment Date Payment Type Discount Amount Payment Amount Number Post Date Payable Description Discount Amount Payable Amount Account Name Item Description Distribution Amount
09/14/2023 EQUIPMENT MAINTENANCE 0.00 2,400.00
EQUIP SUPPLIES/MAINT EQUIPMENT MAINTENANCE 2,400.00
SAN BERNARDINO, 109/15/2023 Virtual Payment
Post Date Payable Description
Account Name
09/14/2023 CLINICAL LABS

CONTRACTUAL SERVICES CLINICAL LABS
Item Description
09/15/2023 Virtual Payment
Post Date Payable Description
Account Name
09/14/2023 OFFICE SUPPLIES

OFFICE SUPPLIES

OFFICE SUPPLIES
09/14/2023 OFFICE SUPPLIES

OFFICE SUPPLIES

OFFICE SUPPLIES
Item Description

OFFICE SUPPLIES

OFFICE SUPPLIES
09/15/2023 Virtual Payment
Post Date Payable Description
Account Name Item Description
09/14/2023 CHAIR YOGA CLASSES FOR AUGUST 2023

CONTRACT CLASS INSTRC CHAIR YOGA CLASSES FOR AUG
09/15/2023 Virtual Payment
Post Date Payable Description
Account Name Item Description
09/14/2023 DEANN'S PAASS KIDS CLASSES FOR AUGU

CONTRACT CLASS INSTRC DEANN'S PAASS KIDS CLASSES F
DEPARTMENT OF JUSTICE 09/15/2023 Virtual Payment
Payable Type Post Date Payable Description
Account Number Account Name Item Description
Invoice 09/14/2023 Department of Justice - Blood Analysis 100-2050-7068-0000 CONTRACTUAL SERVICES Department of Justice - Blood A DIAMOND ENVIRONMENTAL SERVICES LP 09/15/2023 Virtual Payment Payable Type
Account Number
0004748622 Invoice
100-6050-7070-0000
4458
Payable 41
023
1445

DIANA T BENHAR
Payable Type
Account Number
Invoice
100-1550-7047-0000
DUDEK
Post Date Payable Description
Account Name
09/14/2023 DEPT SUPPLIES

SPECIAL DEPT SUPPLIES DEPT SUPPLIES
Item Description
09/15/2023 Virtual Payment
Post Date Payable Description
Account Name Item Description
09/14/2023 ZUMBA CLASSES FOR AUGUST 2023
CONTRACT CLASS INSTRC ZUMBA CLASSES FOR AUGUST 2
09/15/2023 Virtual Payment

0.00 9,416.50 APA005783
Discount Amount Payable Amount
Distribution Amount

0.00 9,416.50
9,416.50

0.00 172.40 APA005784
Discount Amount Payable Amount
Distribution Amount

0.00 0.00

96.98 10.78

10.77 10.78

21.54 10.78

21.55 10.78

75.42 21.56

32.31 21.55

0.00 476.00 APA005785
Discount Amount Payable Amount
Distribution Amount

0.00 476.00
476.00

0.00 11.20 APA005786
Discount Amount Payable Amount
Distribution Amount

0.00 11.20

11.20 0.00 315.00 APA005787
Discount Amount Payable Amount
Distribution Amount

0.00 315.00
315.00

0.00 175.60 APA005788
Discount Amount Payable Amount
Distribution Amount

0.00 175.60
175.60

0.00 84.00 APA005789
Discount Amount Payable Amount
Distribution Amount

0.00 84.00

84.00 0.00 5,151.39 APA005790
9/18/2023 3:17:15 PM

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Check Report
Vendor Number
Payable #
Vendor Name
Payable Type
Account Number
202306980 Invoice
700-4050-7068-0000
4977
Payable #
INV-4902.1
4825
Payable #
20579367
1577
Payable #
2461C
3006
Payable #
CD131260
3572
Payable #
1881
1884
1857
Payable #
242633
247067

EVERFENCE CORP
Payable Type
Account Number
Invoice
500-0000-9950-0000

GARDA CL WEST, INC
Payable Type
Account Number
Invoice
100-1225-7051-0000

GOPHER PATROL
Payable Type
Account Number
Invoice
100-6050-7068-0000
H2O INNOVATION USA, INC
Payable Type
Account Number
Invoice
700-4050-7070-0000

HECTOR ALVARADO
Payable Type
Account Number
Invoice
750-7100-7068-0000
750-7400-7068-0000
750-7600-7068-0000
750-7800-7068-0000
750-7900-7068-0000
750-8100-7068-0000
750-8300-7068-0000
Invoice
750-7100-7068-0000
750-7400-7068-0000
750-7600-7068-0000
750-7800-7068-0000
750-7900-7068-0000
750-8000-7068-0000
750-8100-7068-0000
750-8300-7068-0000
Date Range: 09/09/2023 - 09/18/2023
Payment Date Payment Type Discount Amount Payment Amount Number Post Date Payable Description Discount Amount Payable Amount Account Name Item Description Distribution Amount
09/14/2023 GROUNDWATER & SURFACE WATER MON 0.00 5,151.39 CONTRACTUAL SERVICES GROUNDWATER & SURFACE WA 5,151.39
09/15/2023 Virtual Payment 0.00 35,000.00 APA005791
Post Date Payable Description Discount Amount Payable Amount Account Name Item Description Distribution Amount
09/14/2023 CIP PS -02; Beaumont PD Perimeter Fencin 0.00 35,000.00 TRANSFERS IN CIP PS -02; Beaumont PD Perime 35,000.00
09/15/2023 Virtual Payment 0.00 289.81 APA005792
Post Date Payable Description Discount Amount Payable Amount Account Name Item Description Distribution Amount
09/14/2023 BANKING SERVICES 0.00 289.81
BANKING FEES BANKING SERVICES 289.81
09/15/2023 Virtual Payment 0.00 2,350.00 APA005793
Post Date Payable Description Discount Amount Payable Amount Account Name Item Description Distribution Amount
09/14/2023 Rodent Control for City Parks and Parkway 0.00 2,350.00 CONTRACTUAL SERVICES Rodent Control for City Parks an 2,350.00 09/15/2023 Virtual Payment 0.00 12,554.98 APA005794
Post Date Payable Description Discount Amount Payable Amount Account Name Item Description Distribution Amount
09/14/2023 WWTP SPECIAL SUPPLIES/CHEMICALS 0.00 12,554.98 SPECIAL DEPT SUPPLIES WWTP SPECIAL SUPPLIES/CHEM 12,554.98 09/15/2023 Virtual Payment 0.00 2,840.00 APA005795
Post Date Payable Description Discount Amount Payable Amount Account Name Item Description Distribution Amount
09/14/2023 Mobile Turtle - Bus Washing 0.00

CONTRACTUAL SERVICES

CONTRACTUAL EXPENSES

CONTRACTUAL SERVICES

CONTRACTUAL SERVICES
09/14/2023 Mobile Turtle - Bus

CONTRACTUAL SERVICES

CONTRACTUAL EXPENSES

CONTRACTUAL SERVICES

CONTRACTUAL SERVICES
Bus Washing Services (Dial A Rid
Bus Washing- Route 120
Bus Washing- Route 125
Bus Washing- Route 3
Bus Washing- Route 4
Bus Washing- Route 7
Bus Washing- Route
Washing
Bus Washing Services (Dial A Rid
Bus Washing- Route 120
Bus Washing- Route 125
Bus Washing- Route 3
Bus Washing- Route 4
Bus Washing- Route 3/4
Bus Washing- Route 7
Bus Washing- Route
LIEBERT CASSIDY WHITMORE 09/15/2023 Virtual Payment
Payable Type Post Date Payable Description
Account Number Account Name Item Description
Invoice 09/14/2023 LEGAL SERVICES - G ADAMS
100-1300-7068-000B CONTRACTUAL SERVICES LEGAL SERVICES - G ADAMS Invoice 09/14/2023 LEGAL SERVICES - G ADAMS
100-1300-7068-000B CONTRACTUAL SERVICES LEGAL SERVICES - G ADAMS 3924 MARCUS A ANDREWS 09/15/2023 Virtual Payment

0.00 1,420.00
100.00
160.00
400.00
160.00
160.00
200.00
240.00
1,420.00
100.00
160.00
320.00
160.00
160.00

80.00 200.00
240.00

0.00 6,258.50 APA005796
Discount Amount Payable Amount
Distribution Amount

0.00 0.00

42.50 42.50
6,216.00
6,216.00

0.00 4,812.82 APA005797
9/18/2023 3:17:15 PM

Page 11 of 652 ends

1 11

Check Report
Vendor Number
Payable #
320
5010
Payable #
128
5042
Payable #
Vendor Name
Payable Type
Account Number
Invoice
500-0000-8014-0000
Date Range: 09/09/2023 - 09/18/2023
Payment Date Payment Type Discount Amount Payment Amount Number Post Date Payable Description Discount Amount Payable Amount Account Name Item Description Distribution Amount
09/14/2023 PROFESSIONAL SERVICES 0.00 4,812.82
BUILDING IMPROVEMEN PROFESSIONAL SERVICES 4,812.82
OMNI PRO, INC 09/15/2023 Virtual Payment 0.00 13,432.86 APA005798 Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 09/14/2023 Document Imaging and QC Services 0.00 13,432.86 100-1150-7068-0000 CONTRACTUAL SERVICES Document Imaging and QC Semi 13,432.86 PATRIOT ENVIRONMENTAL SERVICES, INC 09/15/2023 Virtual Payment Payable Type Post Date Payable Description
Account Number
03-23-00715 Invoice
700-4050-7900-0000
3652
Payable #
23537436
23537445
23537449
23537450
23540296
23540304
23540307
Payable Type
Account Number
Invoice
750-7100-7065-0000
750-7400-7065-0000
750-7600-7065-0000
750-7800-7065-0000
750-7900-7065-0000
750-8000-7065-0000
750-8100-7065-0000
750-8200-7065-0000
750-8300-7065-0000
Invoice
750-7300-7065-0000

0.00 38,379.08 APA005799
Discount Amount Payable Amount
Account Name Item Description
09/14/2023 SULFRIC ACID TRANSFER & SPILL CLEAN U

CONTINGENCY SULFRIC ACID TRANSFER & SPIL
PRUDENTIAL OVERALL SUPPLY 09/15/2023 Virtual Payment
Post Date Payable Description
Account Name Item Description
09/14/2023 Transit Uniform Rental and Laundering Se

UNIFORMS

UNIFORMS
Distribution Amount

0.00 38,379.08
38,379.08

0.00 745.02 APA00S800
Discount Amount Payable Amount
Distribution Amount
Uniform Laundering & Rental Sv
Uniform Laundering & Rental Sv
Uniform Laundering & Rental Sv
Uniform Laundering & Rental Sv
Uniform Laundering & Rental Sv
Uniform Laundering & Rental Sv
Uniform Laundering & Rental Sv
Uniform Laundering & Rental Sv
Uniform Laundering & Rental Sv
09/14/2023 Transit Uniform Rental and Laundering Se
UNIFORMS Uniform Laundering & Rental Sv
Invoice 09/14/2023 Uniforms for Building Maintenance/Grou 100-6050-7065-0000 CITY UNIFORMS Uniforms for Building Maintena Invoice
700-4050-7065-0000
700-4051-7065-0000
09/14/2023 WW - PRUDENTIAL UNIFORMS

UNIFORMS WW - PRUDENTIAL UNIFORMS

UNIFORMS COLLECTIONS - PRUDENTIAL UN
Invoice 09/14/2023 Transit Uniform Rental and Laundering Se 750-7100-7065-0000 UNIFORMS
750-7400-7065-0000 UNIFORMS
750-7600-7065-0000 UNIFORMS
750-7800-7065-0000 UNIFORMS
750-7900-7065-0000 UNIFORMS
750-8000-7065-0000 UNIFORMS
750-8100-7065-0000 UNIFORMS
750-8200-7065-0000 UNIFORMS
750-8300-7065-0000 UNIFORMS
Invoice
750-7300-7065-0000
Uniform Laundering & Rental Sv
Uniform Laundering & Rental Sv
Uniform Laundering & Rental Sv
Uniform Laundering & Rental Sv
Uniform Laundering & Rental Sv
Uniform Laundering & Rental Sv
Uniform Laundering & Rental Sv
Uniform Laundering & Rental Sv
Uniform Laundering & Rental Sv
09/14/2023 Transit Uniform Rental and Laundering Se
UNIFORMS Uniform Laundering & Rental Sv
Invoice 09/14/2023 Uniforms for Building Maintenance/Grou 100-6050-7065-0000 CITY UNIFORMS Uniforms for Building Maintena 3681 RIVERSIDE COUNTY DEPARTMENT OF WASTE R 09/15/2023 Virtual Payment

0.00 0.00

0.00 0.00
141.08

8.70 33.71

29.03 8.70

17.42 8.70

8.70 8.70

17.42 56.74

56.74 129.29
129.29

83.87 53.37

30.50 143.25

8.84 34.19

29.48 8.84

17.69 8.84

8.84 8.84

17.69 56.74

56.74 134.05
134.05
438.17 APA005801
9/18/2023 3:17:15 PM

Page 12 of 652 ends

Pace 5 of 11

Check Report
Vendor Number
Payable #
202307000169
4805
Payable #
10 2238
Payable #
2127315 07/2212
2026
Payable #
R-00458124
4936
Payable #
02-CLB-2023
03-CLB-2023
3031
Payable #
55339
2309
Payable #
4224919
4224920
4225438
4227879
4227880
4229309
Vendor Name
Payable Type
Account Number
Invoice
100-6050-7070-003X
100-6050-7070-008A
100-6050-7070-008D
100-6050-7070-020X
100-6050-7070-5400
100-6050-7070-5550
100-6050-7070-5999
100-6050-7070-6025

ROBERT BARAJAS
Payable Type
Account Number
Invoice
100-1550 7047 0000
Payment Date Payment Type
Post Date Payable Description
Account Name Item Description
09/14/2023 WASTE DISPOSAL
SPEC DEPT EXP - IA 3 WASTE DISPOSAL
SPEC DEPT EXP - IA 8A WASTE DISPOSAL
SPEC DEPT EXP - IA 8D WASTE DISPOSAL
SPEC DEPT EXP - IA 20 WASTE DISPOSAL

SPEC DEPT EXP - SPORTS WASTE DISPOSAL

SPEC DEPT EXP - SUNNY WASTE DISPOSAL

SPEC DEPT EXP - ALL PAR WASTE DISPOSAL

SPEC DEPT EXP - CITY HAL WASTE DISPOSAL
Date Range: 09/09/2023 - 09/18/2023
Discount Amount Payment Amount Number
Discount Amount Payable Amount
Distribution Amount

0.00 438.17

91.00 50.00

41.00 50.00

65.17 50.00

50.00 41.00
09/15/2023 Virtual Payment 0.00 654.50 APA005802
Post Date Payable Description Discount Amount Payable Amount Account Name Item Description Distribution Amount
09/14/2023 RED DRAGON KARATE CLASSES FOR AUG 0.00 654.50 CONTRACT CLASS INSTRC RED DRAGON KARATE CLASSES 654.50

0.00 6,806.17 APA005803

SAN GORGONIO MEMORIAL HOSPITAL
Payable Type Post Date
Account Number
Invoice
100-2050-6019-0000
09/15/2023 Virtual Payment
Payable Description Discount Amount Payable Amount
Account Name Item Description Distribution Amount
09/14/2023 EMPLOYEE MEDICAL SERVICES 0.00 6,806.17
FIRST AID EMPLOYEE MEDICAL SERVICES 6,806.17

SECURITY SIGNAL DEVICES, INC
Payable Type
Account Number
Invoice
750-7300-7087-0000

SMART CITY ELECTRIC GR
Payable Type
Account Number
Invoice
500-0000-2015-0000
Invoice
500-0000-8990-0000

SMARTHIRE
Payable Type
Account Number
Invoice
100-1240-6050-0000

SOUTH COAST AQMD
Payable Type
Account Number
Invoice
700-4051-7022-003X
Invoice
700-4051-7022-0000
Invoice
700-4050-7022-0000
Invoice
700-4051-7022-003X
Invoice
700-4051-7022-0000
Invoice
09/15/2023 Virtual Payment

0.00 67.53 APA005804
Post Date Payable Description Discount Amount Payable Amount Account Name Item Description Distribution Amount
09/14/2023 SECURITY SERVICES 0.00 67.53
SECURITY SERVICES SECURITY SERVICES 67.53
OUP 09/15/2023 Virtual Payment 0.00 9,452.26 APA005805
Post Date Payable Description Discount Amount Payable Amount Account Name Item Description Distribution Amount
09/14/2023 PROFESSIONAL SERVICES RETENTION PAY 0.00 3,152.26 RETENTION PAYABLE PROFESSIONAL SERVICES RETEN 3,152.26
09/14/2023 Fire Station 66 Electrical Upgrade Project
CAPITAL OUTLAY FIRE STATION 66 ELECTRICAL UP

0.00 6,300.00
6,300.00
09/15/2023 Virtual Payment

0.00 475.53 APA005806
Post Date Payable Description Discount Amount Payable Amount Account Name Item Description Distribution Amount
09/14/2023 HIRING COSTS 0.00 475.53
RECRUITMENT AND HIRI HIRING COSTS 475.53
Post Date
09/15/2023 Virtual Payment
Payable Description
Account Name Item Description
09/14/2023 ANNUAL RENEWAL FEES

LICENSE, PERMIT AND FE ANNUAL RENEWAL FEES
09/14/2023 ANNUAL RENEWAL FEES

LICENSE, PERMITS, FEES ANNUAL RENEWAL FEES
09/14/2023 EMISSIONS FEES

LICENSE, PERMIT AND FE
09/14/2023 EMISSIONS FEES

EMISSIONS FEES

0.00 1,995.78 APA005807
Discount Amount Payable Amount
Distribution Amount

0.00 504.91
504.91

0.00 160.35
160.35

0.00 160.35

Page 6 of 11 ends

9/18/2023 3:17:15 PM

Page 13 of 652 ends

Check Report
Vendor Number
Vendor Name
700-4050-7022-0000
5068 TIMECLOCK PLUS, LLC
Payable # Payable Type
Account Number
INV00289213 Invoice
100-1230-7071-0000
4988
Payable #
02 2429
Payable #
TIMOTHY D. BOWEN
Payable Type
Account Number
Invoice
100-1550-7047-0000

TK ELEVATOR CORP
Payable Type
Account Number
6000667133 Invoice
100-6000-7068-6061
100-6000-7068-6061
2461
Payable #
23-240483
Payment Date Payment Type

LICENSE, PERMITS, FEES EMISSIONS FEES
09/15/2023 Virtual Payment
Post Date Payable Description
Account Name Item Description
09/14/2023 SOFTWARE SUBSCRIPTION

SOFTWARE SOFTWARE SUBSCRIPTION
Date Range: 09/09/2023 - 09/18/2023
Discount Amount Payment Amount Number
160.35

0.00 3,880.00 APA005808
Discount Amount Payable Amount
Distribution Amount

0.00 3,880.00
3,880.00
09/15/2023 Virtual Payment 0.00 1,155.00 APA005809
Post Date Payable Description Discount Amount Payable Amount Account Name Item Description Distribution Amount
09/14/2023 STEAM LEGO CAMP FOR AUGUST 2023 0.00 1,155.00 CONTRACT CLASS INSTRC STEAM LEGO CAMP FOR AUGUS 1,155.00 09/15/2023 Virtual Payment
Post Date Payable Description
Account Name Item Description
09/14/2023 Elevator Service for 252 4th St. and CRC
CONTRACTUAL SVC - 252 Elevator Service for 252 4th St.

CONTRACTUAL SVC - 252 Elevator Materials for 252 4th St UNDERGROUND SERVICE ALERT 09/15/2023 Virtual Payment
Payable Type
Account Number
Invoice
700-4051-7068-0000
820230048 Invoice
700-4051-7068-0000
4992
Payable #
51430893

UNIVAR SOLUTIONS USA,
Payable Type
Account Number
Invoice
700-4050-7070-0000
2484 VERIZON
Payable it Payable Type
Account Number
9942989905 Invoice
750-7000-7015-0000
750-7100-7015-0000
750-7400-7015-0000
750-7600-7015-0000
750-7800-7015-0000
750-7900-7015-0000
750-8000-7015-0000
750-8100-7015-0000
750-8200-7015-0000
750-8300-7015-0000
4974
Payable #
03 3457

WILLIAM JOHNSON
Payable Type
Account Number
Invoice
100 1550-7047-0000

ZONAR SYSTEMS
Post Date Payable Description
Account Name Item Description
09/14/2023 DIG ALERT- SEWER

CONTRACTUAL SERVICES DIG ALERT- SEWER
09/14/2023 DIG ALERT- SEWER

CONTRACTUAL SERVICES DIG ALERT- SEWER
INC
09/15/2023 Virtual Payment
Post Date Payable Description
Account Name Item Description
09/14/2023 CHEMICALS WWTP

SPECIAL DEPT SUPPLIES CHEMICALS WWTP
Post Date
Account Name
09/14/2023 PHONE UTILITY

TELEPHONE

TELEPHONE
09/15/2023 Virtual Payment
Payable Description
Item Description

PHONE UTILITY

0.00 20,183.27 APA005810
Discount Amount Payable Amount
Distribution Amount

0.00 20,183.27
17,265.60
2,917.67

0.00 315.62 APA005811
Discount Amount Payable Amount
Distribution Amount

0.00 0.00

58.87 58.87
256.75
256.75

0.00 1,670.13 APA005812
Discount Amount Payable Amount
Distribution Amount

0.00 1,67013
1,670.13

0.00 918.23 APA005813
Discount Amount Payable Amount
Distribution Amount

0.00 918.23

38.01 120.03
160.04
200.05

80.02 80.02

40.01 80.02

40.01 80.02
09/15/2023 Virtual Payment 0.00 700.00 APA005814
Post Date Payable Description Discount Amount Payable Amount Account Name Item Description Distribution Amount
09/14/2023 LACE UP ACADEMY FOR AUGUST 2023 0.00

CONTRACT CLASS INSTRC LACE UP ACADEMY FOR AUGUS
09/15/2023 Virtual Payment
700.00
700.00

0.00 1,188.00 APA005815
9/18/2023 3:17:15 PM

Page 14 of 652 ends

e 7 o. 11

Check Report Date Range: 09/09/2023 - 09/18/2023
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount INV600133 Invoice 09/14/2023 Zonar Systems 0.00 594.00
750-7100-7071-0000 SOFTWARE Zonar Systems 54.00
750-7400-7071-0000 SOFTWARE Zonar Systems 108.00
750-7600-7071-0000 SOFTWARE Zonar Systems 135.00
750-7800-7071-0000 SOFTWARE Zonar Systems 54.00
750-7900-7071-0000 SOFTWARE Zonar Systems 54.00
750-8000-7071-0000 SOFTWARE Zonar Systems 27.00
750-8100-7071-0000 SOFTWARE Zonar Systems 54.00
750-8200-7071-0000 SOFTWARE Zonar Systems 27.00
750-8300-7071-0000 SOFTWARE Zonar Systems 81.00
INV603092 Invoice 09/14/2023 Zonar Systems 0.00 594.00
750-7100-7071-0000 SOFTWARE Zonar Systems 54.00
750-7400-7071-0000 SOFTWARE Zonar Systems 108.00
750-7600-7071-0000 SOFTWARE Zonar Systems 135.00
750-7800-7071-0000 SOFTWARE Zonar Systems 54.00
750-7900-7071-0000 SOFTWARE Zonar Systems 54.00
750-8000-7071-0000 SOFTWARE Zonar Systems 27.00
750-8100-7071-0000 SOFTWARE Zonar Systems 54.00
750-8200-7071-0000 SOFTWARE Zonar Systems 27.00
750-8300-7071-0000 SOFTWARE Zonar Systems 81.00
Bank Code AP BANK WF Summary
Payable Payment
Payment Type Count Count Discount Payment
Regular Checks 11 10 0.00 11,622.58
Manual Checks 0 0 0.00 0.00
Voided Checks 0 0 0.00 0.00
Bank Drafts 0 0 0.00 0.00
EFT's 0 0 0.00 0.00
Virtual Payments 59 39 0.00 258,383.95
70 49 0.00 270,006.53
9/18/2023 3:17:15 PM

Page 15 of 652 ends

Check Report
Vendor Number
Vendor Name
Date Range: 09/09/2023 - 09/18/2023
Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: AP PY VEND WF-AP PAYROLL VENDOR - AP PAYABLES WF 3229 ICMA - RC 09/15/2023
Payable # Payable Type Post Date
Account Number
INV0002051 Invoice
100-0000-2075-0000
INV0002052
INV0002053
2264
Payable #
INV0002031
INV0002048
INV0002055
4522
Payable #
04/07/23-04/21/
INV0002029
INV0002030
INV0002038
INV0002039
INV0002040
INV0002041
INV0002042
INV0002043
INV0002044
INV0002045
INV0002046
4563
Payable #
Invoice
100-0000-2075-0000
Invoice
100-0000-2075-0000
SEIU
Payable Type
Account Number
Invoice
100-0000-2061-0000
Invoice
100-0000-2061-0000
Invoice
100-0000-2061-0000
EFT
Payable Description
Account Name Item Description
08/25/2023 MSQ (%%)
DEFERRED COMPENSATI MSQ (%%)
08/25/2023 MSQ (AMT)

DEFERRED COMPENSATI MSQ (AMT)
08/25/2023 MSQ LOAN

DEFERRED COMPENSATI MSQ LOAN
09/15/2023 EFT
Post Date Payable Description
Account Name Item Description
08/17/2023 SEIU DUES
P.E.R.C. DUES & INS SEIU DUES
08/25/2023 SEIU DUES
P.E.R.C. DUES & INS COPE - SEIU DUES
08/25/2023 SEIU DUES
P.E.R.C. DUES & INS SEIU DUES
AMERICAN FIDELITY ASSURANCE COMPANY 09/15/2023 Regular
Payable Type
Account Number
Invoice
100-0000-2045-0000
Invoice
100-0000-2046-0000
Invoice
100-0000-2046-0000
Invoice
100-0000-2046-0000
Invoice
100-0000-2046-0000
Invoice
100-0000-2046-0000
Invoice
100-0000-2046-0000
Invoice
100-0000-2046-0000
Invoice
100-0000-2046-0000
Invoice
100-0000-2046-0000
Invoice
100-0000-2046-0000
Invoice
100-0000-2046-0000
Post Date Payable Description
Account Name Item Description
09/15/2023 EMPLOYEE INSURANCE

PRE PAID LEGAL EMPLOYEE INSURANCE
08/17/2023 AMERICAN FIDELITY

AMERICAN FIDELITY VOL AF ACCIDENT
08/17/2023 AMERICAN FIDELITY

AMERICAN FIDELITY VOL AF TERM LIFE - POST
08/25/2023 AMERICAN FIDELITY

AMERICAN FIDELITY VOL AF ACCIDENT
08/25/2023 AMERICAN FIDELITY

AMERICAN FIDELITY VOL AF ACCIDENT POST
08/25/2023 AMERICAN FIDELITY

AMERICAN FIDELITY VOL AF CANCER
08/25/2023 AMERICAN FIDELITY

AMERICAN FIDELITY VOL AF CANCER - POST

0.00 3,688.52 735
Discount Amount Payable Amount
Distribution Amount

0.00 0.00

0.00 763.08
763.08
2,788.24
2,788.24
137.20
137.20

0.00 3,293.41 736
Discount Amount Payable Amount
Distribution Amount

0.00 0.00

45.89 45.89
112.50
112.50

0.00 3,135.02
3,135.02

0.00 11,060.43 111836
Discount Amount Payable Amount
Distribution Amount

0.00 7,400.55
7,400.55
08/25/2023 AMERICAN FIDELITY

AMERICAN FIDELITY VOL AF CRITICAL ILLNESS - POST
08/25/2023 AMERICAN FIDELITY

AMERICAN FIDELITY VOL AF DISABILITY - POST
08/25/2023 AMERICAN FIDELITY

AMERICAN FIDELITY VOL AF GHI - POST
08/25/2023 AMERICAN FIDELITY

AMERICAN FIDELITY VOL AF TERM LIFE
08/25/2023 AMERICAN FIDELITY

AMERICAN FIDELITY VOL AF TERM LIFE - POST
AMERICAN FIDELITY ASSURANCE COMPANY FS 09/15/2023 Regular Payable Type
Account Number
INV0002049 Invoice
100-0000-2056-0000
INV0002050 Invoice
Post Date Payable Description
Account Name Item Description
08/25/2023 AMERICAN FIDELITY

DEPENDENT CARE SPEND AFA DEPENDENT CARE
08/25/2023 AMERICAN FIDELITY

0.00 0.00

0.00 24.90

24.90 132.50
132.50
442.85
442.85
171.16
171.16
250.95
250.95

49.90 49.90
103.38
103.38
1,202.68
1,202.68
158.27
158.27
210.95
210.95
912.34
912.34

0.00 1,389.93 111837
Discount Amount Payable Amount
Distribution Amount

0.00 0.00
208.33
208.33
1,181.60
9/18/2023 3:17:15 PM

Page 16 of 652 ends

=a: e o c` 11

Check Report
Vendor Number
1139
Payable #
CM0000249
INV0002047
4529
Payable #
08/11/23-08/25/
INV0002032
INV0002056
Vendor Name
100-0000-2055-0000
Payment Date Payment Type

FLEX SPENDING ACCOUN AFA HEALTH FSA
BEAUMONT POLICE OFFICERS ASSOCIATION 09/15/2023 Regular Payable Type Post Date Payable Description
Account Number Account Name
Credit Memo 08/25/2023 BPOA DUES
100-0000-2035-0000 C.O.P.S. DUES
Invoice 08/25/2023 BPOA DUES
100-0000-2035-0000 C.O.P.S. DUES

TEXAS LIFE INSURANCE COMPANY
Payable Type
Account Number
Invoice
100-0000-4825-0000
Invoice
100-0000-2044-0000
Invoice
100-0000-2044-0000
Item Description

BPOA DUES

BPOA DUES
09/15/2023 Regular
Post Date Payable Description
Account Name Item Description
09/15/2023 ROUNDING BALANCE TO INVOICE TOTAL

MISCELLANEOUS REVENU ROUNDING BALANCE TO INVOIC
08/17/2023 TEXAS LIFE INSURANCE

TEXAS LIFE VOLUNTARY TEXAS LIFE - POST
08/25/2023 TEXAS LIFE INSURANCE

TEXAS LIFE VOLUNTARY TEXAS LIFE - POST
Payment Type
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
Virtual Payments
Date Range: 09/09/2023 - 09/18/2023
Discount Amount Payment Amount Number
1,181.60

0.00 4,280.00 111838
Discount Amount Payable Amount
Distribution Amount

0.00 -20.00
-20.00

0.00 4,300.00
4,300.00

0.00 946.56 111839
Discount Amount Payable Amount
Distribution Amount

0.00 0.00

0.00 Bank Code AP PY VEND WF Summary
Payable Payment
Count Count Discount Payment
19 4 0.00 17,676.92
O 0 0.00 0.00
0 0 0.00 0.00
O 0 0.00 0.00
6 2 0.00 6,981.93
O 0 0.00 0.00
25 6 0.00 24,658.85

0.12 0.12
159.95
159.95
786.49
786.49
9/18/2023 3:17:15 PM

Page 17 of 652 ends

Page 10 of 11 ends

Check Report Date Range: 09/09/2023 - 09/18/2023
All Bank Codes Check Summary
Payable Payment
Payment Type Count Count Discount Payment
Regular Checks 30 14 0.00 29,299.50
Manual Checks 0 0 0.00 0.00
Voided Checks 0 0 0.00 0.00
Bank Drafts 0 0 0.00 0.00
EFT's 6 2 0.00 6,981.93
Virtual Payments 59 39 0.00 258,383.95
95 55 0.00 294,665.38
Fund Summary
Fund
999
Name

POOLED CASH
Period
9/2023
Amount
294,665.38
294,665.38
9/18/2023 3:17:15 PM

Page 18 of 652 ends

Page 11 of 11 ends

BEAUMONT

A L I F O R N I A

CITY COUNCIL CLOSED & REGULAR SESSION

MINUTES
September 19, 2023
Closed Session: 5:00 PM Regular Meeting: 6:00 PM
550 E. Sixth Street, Beaumont, CA
CLOSED SESSION at 5:05 p.m.

A. CALL TO ORDER

Present: Mayor Martinez, Council Member Lara, Council Member Voigt, Council Member White

Absent: Mayor Pro Tem Fenn
B. PUBLIC COMMENTS REGARDING CLOSED SESSION
No comments
B.1
Conference with Legal Counsel Regarding Anticipated/Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) and/or (2) and/or (3) Worker's Compensation Case Nos. COBM-0118 and 4A2211168DM-0001 No reportable action.

B.2 Conference with Legal Counsel Regarding AnticipatedLitigation Pursuant to Government Code Section 54956.9(d)(2) and/or (3):

Claim by Jemel Fraise and Karah Fraise received August 30, 2023.

Motion by Council Member White
Second by Council Member Voigt
To return the claim as untimely.
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Approved by a 4-0 vote

Absent: Fenn
C. ADJOURNMENT TO CLOSED SESSION

REGULAR SESSION
D. CALL TO ORDER at 6:05 p.m.

Present: Mayor Martinez, Council Member Lara, Council Member Voigt, Council Member White

Absent: Mayor Pro Tem Fenn
Report out from Closed Session: See above
Action on any Closed Session Items: None
Action of any Requests for Excused Absence: Fenn
Pledge of Allegiance
Invocation
Adjustments to the Agenda: None
Conflict of Interest Disclosure: None
E. ANNOUNCEMENTS / RECOGNITION / PROCLAMATIONS /

CORRESPONDENCE
E1
E.2
E.3
Breast Cancer Awareness Proclamation
Youth Council Swearing In
10U Beaumont All Stars Team Recognition
F. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA)
S. Morris - Representative of Voices for Children, shared info about their organization.

Motion by Council Member Lara
Second by Council Member Voigt
To approve the Consent Calendar
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Approved by a 4-0 vote

Absent: Fenn
G.1 Ratification of Warrants
Ratify Warrants dated:

September 1, 2023
September 7, 2023
G.2 Approval of Minutes
Approve Minutes dated September 5, 2023.

G.3 Approval of Trustee Requisition 074 for Use of Bond Proceeds to Reimburse the City of Beaumont for the Fire Station No. 106 Project in the Amount of $1,309,998.59
Requisition 074 to send to Trustee for disbursement of bond proceeds to the City of Beaumont for Capital Improvement Project 2017-028.

Approve the City Manager to sign Requisition 074 to send to Trustee for disbursement of bond proceeds to the City of Beaumont.

G.4 Second Reading of an Ordinance Temporarily Suspending Off -Street Parking Requirements for Existing Non-residential Structures in the Downtown District a as identified in the Downtown Districts Map A request by the Planning and Economic Development Departments to establish an ordinance temporarily suspending off-street parking requirements for existing, non-residential structures in the Downtown District as defined by the Downtown District's map boundaries. The proposed ordinance would be in effect for a period not to exceed eighteen (18) months.

Waive the second full reading and approve by title only "An Ordinance of the City Council of the City of Beaumont Temporarily Suspending Parking Requirements for Existing, Non-residential Structures in the Downtown District for a Period not to Exceed Eighteen (18) Months."
G.5 Second Reading of an Ordinance Amending the Beaumont Municipal Chapter 17.08 "Nonconforming Uses"
Second reading for amendments to Nonconforming Uses Chapter 17.08 of the Beaumont Municipal Code.

Waive the second reading and adopt by title only "An Ordinance of the City Council of the City of Beaumont Amending the Beaumont Municipal Code Chapter 17.08 `Nonconforming Uses'."
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G.6 First Amendment to the Professional Services Agreement with SGH Architects for the City Hall Renovations Project, in an Amount Not to Exceed $48,875 — Capital Improvement Project (CIP) CF -104 Approve an amendment to the professional services agreement with SGH Architects for the City Hall Renovations Project, in an amount not to exceed $48,875.

Approve the first amendment to the professional services agreement with SGH Architects for the City Hall Renovations Project, in an amount not to exceed $48,875.

H. YOUTH COUNCIL REPORT
First meeting of the school year will be October 10th.

I. PUBLIC HEARINGS
Approval of all Ordinances and Resolutions to be read by title only.

1.1 Code Amendment to Several Sections within Chapter 17 of the Beaumont Municipal Code to Establish Objective Design Standards
Presentation of the Public Hearing Draft of the Objective Design Standards and Ordinance Amendment to modify amend Chapter

17.03.060 "Residential, Single -Family Zone", Chapter 17.06.065 "Residential, Traditional Neighborhood", Chapter 17.09.040 "Downtown Mixed -Use Zone", Chapter 17.19.060 "Sixth Street Mixed -Use Zone", and Chapter 17.19.070 "Sixth Street Mixed -Use Residential Zone" to establish Objective Design Standards in the Beaumont Municipal Code.

Motion by Mayor Martinez
Second by Council Member Lara
To waive the first full readings and approve by title only "An Ordinance of the City Council of the City of Beaumont, California to Amend Chapter 17.03.060 `Residential, Single -Family Zone', Chapter

17.06.065 `Residential, Traditional Neighborhood', Chapter 17.09.040 `Downtown Mixed -Use Zone', Chapter 17.19.060 `Sixth Street Mixed - Use Zone', and Chapter 17.19.070 `Sixth Street Mixed -Use Residential Zone' to establish Objective Design Standards in the Beaumont Municipal Code." with the minor modifications requested.

Approved by a 4-0 vote.

Absent: Fenn
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J. ACTION ITEMS
Approval of all Ordinances and Resolutions to be read by title only.

J.1
Consider Adopting a Resolution Waiving the Special Event Permit Application Fee and Police Department Charges for Service for the 33rd Annual Oktoberfest Event at Noble Creek Regional Park
Fee waiver request from the Beaumont Cherry Valley Recreation and Park District.

Motion by Council Member White
Second by Council Member Lara
Staff recommends City Council consider waiving the special event permit application fees ONLY, and
Waive the full reading and adopt by title only, "A Resolution of the City of Beaumont Authorizing the Waiver of a One -Time Special Event Permit Application Fee for the 33rd Annual Oktoberfest Event at Noble Creek Regional Park."
Approved by a 4-0 vote.

Absent: Fenn
J.2 Approve a Five -Year Software and Services Agreement with Sun Ridge Systems, Inc. for the Replacement of the Police Department's CAD/RMS System for a Total of $968,596
Request to approve the purchase of a replacement Computer Aided Dispatch and Records Management System (CAD/RMS) for the Police Department.

Motion by Council Member Lara
Second by Council Member Voigt
Approve the five-year Software and Services Agreement with Sun Ridge Systems, Inc. for the purchase of a replacement CAD/RMS system in the total amount of $968,596.

Approved by a 4-0 vote.

Absent: Fenn
J.3 Discussion to Consider an Ordinance Prohibiting the Unlawful Possession of a Catalytic Converter
Review proposed ordinance and provide direction to staff.

Direction to staff to advertise a notice of public hearing at the next available City Council meeting.
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J.4 Sixth Street Median Improvement Project - Monument Signs Provide an update on the progress of the Sixth Street Median Improvement Project and receive direction regarding the type of signage for the Right of Way. Capital Improvement Project (CIP) No. R-21.

Provided staff with feedback on design options as presented.

J.5 Re -Appropriation of FY23 Unexpended Expenditures, Budget Overages, and Project Funding Rollovers
Re -Appropriation and budget adjustment.

Motion by Council Member White
Second by Council Member Voigt
Approve the proposed Re -appropriation of General Fund
expenditures in the amount of $2,216,913, and
Approve the re -appropriation of Wastewater expenditures in the amount of $122,982, and
Approve the proposed re -appropriation of Internal Service Fund expenditures in the amount of $98,555, and
Approve the proposed re -appropriation of Other Special Revenue Fund expenditures in the amount of $20,000, and
Approve the budget adjustment of $10,971, and
Approve the re -appropriation of Capital Improvement Projects of $65,988,892.

Approved by a 4-0 vote.

Absent: Fenn
J.6 Approval of City Attorney Invoices for the Month of August 2023 City Attorney John Pinkney recused himself for this item.

Motion by Council Member White
Second by Council Member Lara
Approve invoices in the amount of $107,710.39.

Approved by a 4-0 vote.

Absent: Fenn
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K. LEGISLATIVE UPDATES AND DISCUSSION
L. ECONOMIC DEVELOPMENT UPDATE
Report out from recent meeting.

M. CITY TREASURER REPORT
Next meeting is scheduled for October 16, 2023.

N. CITY CLERK REPORT
No report
O. CITY ATTORNEY REPORT
P. CITY MANAGER REPORT
P.1 Tri-Pointe/Sundance Development Update
Q. FUTURE AGENDA ITEMS
• Assessment for the need for additional community center(s) (Future) • Annexation Agreement with the County (October)
• Enforcement of sidewalk vendors (October)
• Citizen's Committee (October)
R. COUNCIL REPORTS
Lara - Shared that the Parks and Rec Dept.is collecting candy for their October events. Thanked staff and Early Act for their assistance with the Community Clean Up Event.

White — Gave a report out from the RCTC meeting.

Voigt — Attended Oktoberfest, and recognized Dodie Carlson for impact in the community.

Martinez — Attended the Mayor's breakfast and the new Public Works offices. 7

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S. ADJOURNMENT at 8:11 p.m.

The next regular meeting of the Beaumont City Council, Beaumont Financing Authority, the Beaumont Successor Agency (formerly RDA), the Beaumont Utility Authority, the Beaumont Parking Authority and the Beaumont Public Improvement Agency is scheduled for Tuesday October 3, 2023, at 6:00 p.m. unless otherwise posted.
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BEAUMONT
- C !� 1 1 0 R "1 A
Staff Report
TO: City Council
FROM: Thaxton Van Belle, Director of Water Reclamation
DATE October 3, 2023
SUBJECT: Consideration to Join the Emergency Response Network of the Inland Empire (ERNIE), a Regional Mutual Aid Agreement
Description Strategic Plan Target #1 (Communications/Relationships) Priority Level 3 Goal #4
Background and Analysis:

The Emergency Response Network of the Inland Empire (ERNIE) was originally created to provide a forum for the development of mutual assistance agreements between agencies in the Inland Empire of California in response to the State Water Resources Control Board expressing an interest in the establishment of a plan to facilitate and encourage water agency mutual assistance agreements between water agencies, cities, and county jurisdictions.

Today, the Emergency Response Network of the Inland Empire (ERNIE) facilitates public agency preparedness for, response to, and recovery from local and regional disasters to ensure the delivery of critical public services through mutual aid, communications, and compliance with State and Federal emergency standards. ERNIE is made up of a group of volunteer water/wastewater agencies that enter into an agreement to provide mutual aid and assistance to help jurisdictions respond to incidents that require resources beyond the capability of the local agency. ERNIE assists water/wastewater agencies with training, communication, documentation for reimbursement, concept of emergency operations, and after -action reports and corrective action plan writing.

In the event of an emergency (defined as a condition of disaster or calamity arising within the area of operation of the parties, caused by fire, flood, storm, earthquake, civil disturbance, or other condition which is or is likely to be beyond the control of the services, personnel, equipment, and facilities of a party hereto and requires mutual assistance), requests for assistance are made per the agreement. Assistance, generally in the form of resources such as equipment, supplies, and personnel is tracked and is subject to reimbursement of like supplies and/or the costs borne by the

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supplying agency. The ERNIE agreement only applies to water/wastewater agencies and/or departments. The full articles of the agreement can be found in the staff report attachments.

Fiscal Impact:

Annual Fee of $400 which is budgeted within 700-4050-7030-0000 and 700-4051-7030- 0000, Dues and Subscriptions. Any mutual aid received, or lent is subject to reimbursement and will be paid for or reimbursed to the appropriate account.

The estimated cost to prepare this staff report is approximately $200.

Recommended Action:

Authorize the Mayor to sign the ERNIE agreement on behalf of the City and direct the City Manager or his/her designee as the ERNIE Mutual Aid Representative.

Attachments:

A. ERNIE Mutual Assistance Agreement.

B. ERNIE Articles of Agreement.

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Emergency Response Network of the Inland Empire (ERNIE) 2006 Omnibus Mutual Assistance Agreement
WHEREAS, the State Water Resources Control Board, Division of Drinking Water has expressed an interest in the establishment of a plan to facilitate and encourage water agency mutual assistance agreements between water agencies, cities, and county jurisdictions; and
WHEREAS, the Emergency Response Network of the Inland Empire (ERNIE) was originally created to provide a forum for the development of mutual assistance agreements between agencies in the Inland Empire of California; and WHEREAS, the EMERGENCY RESPONSE NETWORK OF THE INLAND EMPIRE (ERNIE) 2006 OMNIBUS MUTUAL ASSISTANCE AGREEMENT attached hereto and incorporated herein sets forth the mutual covenants and agreements for agencies to provide mutual assistance to one another in times of emergency; and WHEREAS, State California Office of Emergency Services (OES) regulates the SEMS/NIMS program, and this agreement is consistent with Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS) and that it is necessary to have a mutual assistance agreement in place to support requests to the Federal Emergency Management Agency (FEMA) for costs of using assistance during an emergency, and
WHEREAS, the agencies hereto have determined that it would be in their best interests to enter into an agreement that implements that plan and sets forth procedures and the responsibilities of the agencies whenever emergency personnel, equipment and facility assistance are provided from one agency to the other; and WHEREAS, no agency should be in a position of unreasonably using its own resources, facilities, or services providing such mutual assistance; and WHEREAS, it is the intent of ERNIE to revise this agreement as necessary and to annually publish a list of all agencies participating in this agreement, as posted on the East Valley Water District's Web -site; www.eastvalley.org WHEREAS, such an agreement is in accord with the California Emergency Services Act set forth in Title 2, Division 1, Chapter 7 (Section 8550 et seq.) of the Government Code and specifically with Articles 14 and 17 (Section 8630 et seq.) of the Act. 1 of 3

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Now, THEREFORE, in consideration of the conditions and covenants contained therein, the
(Agency Name)
agrees to become a party to the ERNIE, 2006 Omnibus Mutual Assistance Agreement.

Date:

By:

Title:

Please return a signed copy of this page, plus the Articles of Agreement to:

ERNIE
CIO East Valley Water District
31111 Greenspot Road,
Highland, CA 92346
(909) 885-4900
2 of 3

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ERNIE Member List
As of July 2023
Governmental Organizations:

Bighorn Desert View Water Agency
City of Banning, Water Division
City of Big Bear, Department of Water and Power
City of Corona, Department of Water and Power
City of Redlands, MUED
City of Riverside Public Works & Public Utilities
City of San Bernardino Water Department
East Valley Water District
Eastern Municipal Water
Elsinore Valley Municipal Water District
Hi -Desert Water District
Home Gardens County Water District
Joshua Basin Water District
Jurupa Community Services District
Rancho California Water District
Lake Hemet Municipal Water District
Monte Vista Water District
Riverside Highland Water Company
Rubidoux Community Services District
San Antonio Water Company
San Bernardino Valley Municipal Water District
San Manuel Band of Mission Indians
Santa Ana Watershed Project Authority
Twentynine Palms Water District
West Valley Water District
Western Heights Water District
Western Municipal Water District
Yucaipa Valley Water District

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Articles of Agreement
Emergency Response Network of the Inland Empire
(ERNIE) 2006 Omnibus Mutual Assistance Agreement
THIS AGREEMENT iS made and entered into by those agencies who have adopted and signed this agreement to provide mutual assistance in times of emergency in accordance with the California Emergency Services Act and the California Disaster and Civil Defense Master Mutual Aid Agreement; and to provide reimbursement for equipment, supplies and personnel made available on an emergency basis.

All of said agencies being herein referred to collectively as "the parties." In consideration of the mutual covenants and agreements hereinafter set forth, the parties agree to provide mutual assistance to one another in times of emergency as follows:

Article I - APPLICABILITY. This agreement is available to all agencies, public and private, in the Inland Empire, State of California.

Article II - ADMINISTRATION. The ERNIE will establish a group of representatives known as the Steering Committee made up of five (5) representatives from the signatory agencies and a representative from the California Department of Public Health. These representatives are chosen and voted for by the parties. A chair and co-chair will be elected and act as administrators. The ERNIE Steering Committee will sponsor meetings for signatory agencies, maintain a database of all agencies that have signed this agreement, and meet as a committee to address concerns and procedures for requesting mutual assistance within the region.

Article III - DEFINITION OF EMERGENCY. "Emergency" means a condition of disaster or calamity arising within the area of operation of the parties, caused by fire, flood, storm, earthquake, civil disturbance, or other condition which is or is likely to be beyond the control of the services, personnel, equipment, and facilities of a party hereto and requires mutual assistance.

Article IV - REQUESTS FOR ASSISTANCE. Requests for emergency assistance under this Agreement shall be directed to the appropriate designated official(s) from the list of participating agencies.

When more than one agency is impacted by a disaster, requests for mutual assistance under this Agreement may be channeled through the agency's County Operational Area which is the San Bernardino County Office of Emergency Services or Riverside County Office of Emergency Services to ensure maximum effectiveness in allocating resources to the highest priority needs.
1 of 4

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The party rendering assistance under this Agreement is referred to as LENDER; the party receiving assistance is referred to as BORROWER.

Article V - GENERAL NATURE OF ASSISTANCE. Assistance will generally be in the form of resources, such as equipment, supplies, and personnel.

Assistance shall be given only when LENDER determines that its own needs can be met while rendering assistance. The execution of this Agreement shall not create any duty to respond on the part of any party hereto. A potential LENDER shall not be held liable for failing to provide assistance. A potential LENDER has the absolute discretion to decline to provide any requested assistance. Resources are to be made available on a loan basis with reimbursement terms varying with the type of resource.

Article VI - LOANS OF EQUIPMENT. Use of equipment, such as construction equipment, vehicles, tools, pumps and generators, shall be at LENDER'S current equipment rate and subject to the following conditions:
(a) At the option of LENDER, loaned equipment may be loaned with an operator.
(b) Loaned equipment shall be returned to LENDER within 24 hours after receipt of an oral or written request.
(c) BORROWER shall, at its own expense, supply all fuel, lubrication and maintenance for loaned equipment.
(d) LENDER'S cost related to the transportation, handling and loading/unloading of equipment shall be chargeable to BORROWER. (e) In the event loaned equipment is damaged while being dispatched to BORROWER, or while in the custody and use Of BORROWER, BORROWER shall reimburse LENDER for the reasonable cost of repairing said damaged equipment. If the equipment cannot be repaired, then BORROWER shall reimburse LENDER for the cost of replacing such equipment with equipment that is of at least equal capability. If LENDER must lease a piece of equipment while LENDER'S equipment is being repaired or replaced, BORROWER shall reimburse LENDER for such lease costs.

Article VII - EXCHANGE OF SUPPLIES. BORROWER shall reimburse LENDER in kind or at actual replacement cost, plus handling charges, for use of expendable or non -returnable supplies. Other supplies and reusable items that are returned to LENDER in a clean, damage -free condition shall not be charged to the BORROWER and no rental fee will be charged; otherwise, they shall be treated as expendable supplies.

Article VIII - PERSONNEL. LENDER will make such employees as are willing to participate available to BORROWER at BORROWER'S expense equal to LENDER'S full cost, i.e., equal to the employee's applicable salary or hourly 2 of 4

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wage plus fringe benefits and overhead, and consistent with LENDER'S personnel union contracts or other conditions of employment. Employees so loaned will be under the supervision and control of the BORROWER.

BORROWER shall be responsible for all direct and indirect costs associated with workers compensation claims. Costs to feed and house loaned personnel, if necessary, shall be chargeable to and paid by BORROWER.

LENDER will not be responsible for cessation or slowdown of work if LENDER'S employees decline or are reluctant to perform any assigned tasks.

Article IX - REIMBURSEMENT. The BORROWER agrees to reimburse the LENDER within 60 days from receipt of an invoice for assistance provided under this Agreement.

Article X - LIABILITY AND HOLD HARMLESS. Pursuant to Government Code Section 895.4, and subject to the conditions set forth in Article XI, BORROWER shall assume the defense of, fully indemnify and hold harmless LENDER, its Directors, Council Members or Supervisors, its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the BORROWER'S work hereunder, including, but not limited to, negligent or wrongful use of equipment, supplies or personnel on loan to BORROWER, or faulty workmanship or other negligent acts, errors or omissions by BORROWER or by personnel on loan to BORROWER from the time assistance is requested and rendered until the assistance is returned to LENDER'S control, portal to portal.

Each party hereto shall give to the others prompt and timely written notice of any claim made or any suit instituted coming to its knowledge, which in any way, directly or indirectly, contingently or otherwise, affects or might affect them, and each shall have the right to participate in the defense of the same to the extent of its own interest.

Article XI - SIGNATORY INDEMNIFICATION. In the event of a liability, claim, demand, action or proceeding, or whatever kind or nature arising out of the rendering of assistance through this agreement, the parties involved in rendering or receiving assistance agree to indemnify and hold harmless each signatory to this mutual assistance agreement, whose only involvement is the execution and approval of this Agreement, in the transaction or occurrence which is the subject of such claim, action, demand or other proceeding. Such indemnification shall include indemnity for all claims, demands, liability, damages and costs, including reasonable attorneys' fees and other costs of defense, for injury, property damage and workers compensation.

Article XII - WORKER'S COMPENSATION AND EMPLOYEE CLAIMS. LENDER'S employees, officers or agents, made available to BORROWER shall, except as otherwise provided under Labor Code sections 3600.2 through 3600.6 be the special employees of BORROWER and the general employees of LENDER (as 3 of 4

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defined in Insurance Code 11663) while engaged in carrying out duties, functions, or activities pursuant to this Agreement. BORROWER will reimburse LENDER for all costs, benefits, and expenses associated with workers compensation and other claims. LENDER is responsible for providing workers compensation benefits and administering workers compensation claims subject to the reimbursement terms of this agreement. BORROWER will reimburse LENDER for workers compensation costs, benefits and expenses on a quarterly basis or on other terms mutually agreed upon by LENDER and BORROWER.

Article XIII - MODIFICATIONS. No provision of this Agreement may be modified, altered or rescinded by individual parties to the Agreement.

Modifications to this Agreement require a simple majority vote of signatory agencies to the Agreement. The ERNIE will notify all parties of modifications to this Agreement in writing and those modifications shall be effective upon 60 days written notice to the parties.

Article XIV - TERMINATION. This Agreement is not transferable or assignable, in whole or in part, and any party may terminate their participation in this Agreement at any time upon 60 days' written notice delivered or mailed to a member of the ERNIE Steering Committee.

Article XV - EFFECT. Agreement shall take effect for a new party immediately upon its execution by said party.

Article XVI - PRIOR AGREEMENTS. Deleted 06/28/06
Article XVII - ARBITRATION. Any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Article XVIII - TORT CLAIMS. This Agreement in no way acts to abrogate or waive any immunity or defense available under California Law. (end)
Revised Dec 2013, Effective February 2014
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BEAUMONT
- C !� 1 1 0 R "1 A
Staff Report
TO: City Council
FROM: Nicole Wheelwright, Deputy City Clerk
DATE October 3, 2023
SUBJECT: Request for Destruction of Retention Met Records Description Authorization to dispose of records that have met retention per the adopted retention schedule.

Background and Analysis:

As set forth in the Records Retention Schedule, adopted by City Council on October 2, 2018, certain records have met their retention and are no longer required to be kept on file. An on -going audit of records is being conducted, in which each file of records is being evaluated for retention status based on the contents. Records retention of each file is based on the document with the longest retention. Once a file has met its retention requirement it can be submitted for request of destruction and must be approved by the City Attorney, City Manager, City Clerk and brought to Council for final approval by way of resolution.

The attached request of destruction of certain records has met all approval requirements and is being presented for final approval by Council.

Fiscal Impact:

City staff estimates the cost to prepare this report was $85.

Recommended Action:

A. Resolution
B. Exhibit A to Resolution

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RESOLUTION NO.

A RESOLUTION OF THE CITY OF BEAUMONT AUTHORIZING

DESTRUCTION OF CERTAIN RECORDS IN ACCORDANCE

WITH THE RECORDS RETENTION SCHEDULE ADOPTED BY

CITY COUNCIL
WHEREAS, on October 2, 2018 the City Council of the City of Beaumont (`City") adopted Resolution No. 2018-51 entitled A Resolution of the City Council of the City of Beaumont, California, adopting a Records Retention Schedule, Authorizing Destruction of Certain City Records and Rescinding Resolutions 2012-01 and 1997-24; and WHEREAS, the City's Records Retention Schedule ("Schedule") establishes a records management system which is a systematic control over the creation, acquisition, processing, use, protection, storage, and final disposition of all recorded information required by a municipal government to effectively conduct its business; and
WHEREAS, as set forth in the Schedule, City staff recommends that the documents described in Exhibit "A" attached hereto be authorized for destruction.

NOW, THEREFORE, BE IT RESOLVED, that the City of Beaumont authorizes that staff dispose of the documents described in Exhibit "A" attached hereto as authorized in the City of Beaumont's Records Retention Schedule.

MOVED, PASSED AND ADOPTED this 3rd day of October 2023.

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

Julio Martinez, Mayor
ATTEST:

Elaine Morgan, City Clerk

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APPROVED AS TO FORM:

John 0. Pinkney, City Attorney

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Exhibit A
Request for Destruction of Records

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ormi§ar

CITY OF BEAUMONT
To: City Clerk
From: Department Head
Subject: Request for Destruction of Records
I am requesting approval to destroy the records listed below because they have met the retention as specified in the City of Beaumont Retention Schedule. The records are not the subject of any claim, litigation, investigation, or audit.

DATE OF

LAST ACT

COMPLETED

IN FOLDER

DESCRIPTION OF RECORD(S)
, TOTAL

RETENTION
, RETENTION
I CODE NO.
1997
Election Admin File
2 years
CC -029
1995
Elections Admin File
2 years
CC -029
1995
Elections File
2 years
CC -029
1996
Elections File
2 years
CC -029
1995
Campaign Forms/Nomination Papers-
Unsuccessful Candidates
Election +4
years
CC -029
2002
Correspondence: Street Improvements
2 years
CC -029
2003
Correspondence: Street Name Change
2 years
CC -029
2002
Election File: Canceled Election due to lack of
candidates
2 years
CC -029
11/2004
Election Admin File/ Successful 400 Forms
Pulled
2 years
CC -029
11/2004
Election Admin File
2 years
CC -029
11/2006
Election Admin File
2 years
CC -029
11/2006
Election Admin File
2 years
CC -029
11/2008
Election Admin File
2 years
CC -029
11/2010
Election Admin File
2 years
CC -029
11/2000
Election Admin File
2 years
CC -029

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Box 7
(If additional space is needed to describe records, please add additional fields or attach additional pages)
64k -a -
Date
9f« 9-3
Date
I certify that such destruction meets the requirements of the City's Records Retention Schedule and all applicable requirements of State and Federal law and have been approved by City Council by Resolution No.

City Clerk Date of Records Destruction

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BEAUMONT

Dedartment Head
G I- 7, ZOZ 3
Dat

DATE OF

LAST ACT

COMPLETED

IN FOLDER

DESCRIPTION OF RECORD(S)
TOTAL

RETENTION

RETENTION
CODE NO.
1966
City Council Nomination Papers
Tenn +4 years
CC -027
1976
Municipal Precinct Map 1976 Election
2 years
CC -029
1986
Riverside Co Grant Request/Performance Rpt
5 years
AD -012
1993
Polling locations/Election Ofcr Training Class
2 Years
CC -029
1983
420 Form PAC
7 years
CC -026
1984
Preliminary Review File -General Plan
Until No
longer needed
PL -012
1991
Election Working File w/Election Invoice
Term +4 years
CC -027
1993
Election Working File w/Election Invoice
Term +4 years
CC -027
1993
700 Forms Candidates' Economic Interest
7 years
CC -014
Box 8
(If additional space is needed to describe records, please add additional fields or attach additional pages)

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oglel�-ea
I certify that such destruction meets the requirements of the City's Records Retention Schedule and all applicable requirements of State and Federal law and have been approved by City Council by Resolution No.

City Clerk
Date of Records Destruction

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BE4UIVIONT

Deportment Head
Date/
t 7, 1(21/4:5

DATE OF

LAST ACT

COMPLETED

IN FOLDER
1 TOTAL

DESCRIPTION OF RECORD(S) ' RETENTION

RETENTION
CODE NO.
2014
Assess District Ballots & Protest Letters
2 years
CC -022
06/30/1993
Correspondence Mayor Leja
2 years
AD -007
01/03/2000
Correspondence Matured Bond Return
2 years
CC -011
01/03/2000
Correspondence Matured Bond Return
2 years
CC -011
02/10/2016
Creative Bus Sales/copy of DMV transfer &
reassignment form
2 years
CC -011
12/31/2015
SMARTS Electronic Authorization Form
2 years
CC -011
2008
Ethics Training 50891
5 years
CC -032
11/30/1994
Attorney Invoices 50123
7 years
FIN -002
06/30/2008
Budgets
7 years
FIN -009
2009
Oath of Office Planning Commissioner 504710
7 years
CC -014
1995
FPPC Form 700 50482 P. Smith
7 years
CC -014
02/22/2000
Appointments to Planning Commission
504710
2 years
CC -009
07/26/1999
Applications for vacancy on City Council
503103
2 years
CC -029
1998
FPPC Form 700 50474 DeForge
7 years
CC014
1995
List for 1995 Pool Season 70212
Min 2 years
CC -011

Page 44 of 652 ends

1990
Litigation 70228
Final
Resolution +5
}'ears
CC -034
Box 6
(If additional space is needed to describe records, please add additional fields or attach additional pages)
APPROVALS:

Date
(IIra-3
Date
I certify that such destruction meets the requirements of the City's Records Retention Schedule and all applicable requirements of State and Federal law and have been approved by City Council by Resolution No.

City Clerk Date of Records Destruction

Page 45 of 652 ends

BEAUMONT
imnia

Dep ent Head
-z .e4-0e-rjri-
7, h'? --5.

DATE OF

LAST ACT

COMPLETED

IN FOLDER

DESCRIPTION OF RECORD(S)
D
TOTAL

RETENTION

RETENTION
CODE NO.
06/05/2000
Staff Report SRTP Public Hearing 100148
Min 2 years/no
longer required
CC -011
11/07/2000
Blank Candidate Packet 505210
2 years
CC -029
12/21/2001
Protest against the proposed award of the
project to Terra -Cal construction 5062884
Min 2 years/no
longer required
CC -011
01/02/2015
Order dismissing request for review C1306
Resolution +5
years
CC -034
01/25/2013
Memorandum of understanding County of
Riverside Transportation Dept. C1302
Correspondence
2 years
AD -007
04/17/2012
Agreement for legal representation between
COB & Ellison, Schneider & Harris LLP
C201214
Correspondence
2 years
AD -007
06/05/2012
Approve plans & specifications & Authorize
prequalification of contractors C201213
Correspondence
2 years
AD -007
08/11/2011
_
Antimite commercial service agreement C1118
Correspondence
2 years
AD -007
07/31/2010
The Counseling Team International program
C1047
Correspondence
2 years
AD -007
02/2009
Beaumont Economic Stimulus program C1019
Correspondence
2 years
AD -006
04/2010
Authorize public bid for soil excavation on city
property C1013
Correspondence
2 years
AD -006
03/2010
Approve plans/specifications & authorize
public bids for the sidewalk improvement
Correspondence
2 years
AD -006

Page 46 of 652 ends

project C1011
03/01/2010
Contractor's proposal Metro builders &
engineers grp ltd C109
Correspondence
2 years
AD -006
03/2010
Unsigned Agreement for services by
independent contractor Sergio Alvarez Car
wash maintenance & detail C0929
Correspondence
2 years
AD -007
12/2009
Staff report Cooperative agreement
w/Beaumont-Cherry Valley water district
relating to the use of recycled water C0927
Correspondence
2 years
AD -007
07/2009
Deposit agreement between the inland empire
resource conservation district and the city of
Beaumont C0916
Completion
+10 years
CC -006
02/2009
Alert AM emergency advisory radio system
single station estimate C094
2 years
AD -007
04/21/2009
Independent contractor's change order Dust
Control inc. C0828
Completion
+10 years
CC -006
10/31/2009
Services agreement between Granicus Inc. &
the city of Beaumont C0827
Completion
+10 years
CC -006
2007
Engagement for legal services Manatt, Phelps
& Phillips, LLP no records of payment,
contract not used C073
Correspondence
2 years
AD -008
2009
CRI business solutions master service
agreement C0812
Completion
+10 years
CC -006
06/04/2008
3n Global Inc. Service Agreement C0810
2 years
AD -008
02/15/2009
Agreement authorizing grant of public funds
for public library improvements C0806
Completion
+10 years after
audit if required
CC -006
06/30/2008
Agreement for services by independent
contractor PJHM Architects, Inc. C0805
Completion
+10 years
CC -006
02/05/2008
Project Development Cooperative Agreement
I-10/Oak Valley Pkwy interchange
im rovements C0801
Correspondence
2 years
AD -008
12/18/2007
Fueling Agreement between the Beaumont
Unified School District and the City of
Beaumont C0801
Correspondence
2 years
_
AD -008
12/31/2008 Agreement for services by independent
contractor Tierra Verde Planning Inc. C0718
Completion
+10 years
CC -006
04/22/2009
AQMD South Coast Air Quality Management
District modification to contract C0711
Completion
+10 years
CC -006
08/15/2006
Unsigned agreement disadvantaged business
enterprise race -neutral implementation
agreement C0645
2 years
AD -007
04/30/2007
Agreement for services by independent
contractor tree trimming and removal Brian
Romberg C0610
Completion
+10 years
CC -006
08/24/2006
Service rental agreement Prudential Overall
supply C0635
Completion
+10 years
CC -006
10/13/2005
Public Records Request C0440
2 years 1
CC -041

Page 47 of 652 ends

Agreement authorizing grant of public funds
12/31/2008 for public park and recreation improvements
C0609
Completion
+10 years
04/21/2006
10/18/2005
Agreement w/Debenham Energy LLC to
prepare a feasibility study for generation of
wind energy at the city wastewater treatment
_plant C0606
Unsigned Correspondence CGI
communications, inc. C0517
Unsigned Correspondence San Timoteo
Watershed management authority project
C0516
Completion
+10 years
CC -006
CC -006
Correspondence
2 years
Correspondence
2 years
AD -007
09/20/2005
10/13/2005
06/21/2005
01/15/2004
AD -007
Application of the City of Beaumont for
authority to construct new Potrero Blvd
overhead highway -rail crossing C0514
Unsigned Correspondence transportation
uniform mitigation fee program C053
Unsigned contract Longitudinal pipeline
encroachment agreement C0441
Correspondence
2 years
AD -007
Correspondence
2 years
Correspondence
2 years
AD -007
AD -007
Box 1
(If additional space is needed to describe records, please add additional fields or attach additional pages)
APPROVALS:
tt.rney
City Maner Date
1A4
olleiza;
Date
9-3
I certify that such destruction meets the requirements of the City's Records Retention Schedule and all applicable requirements of State and Federal law and have been approved by City Council by Resolution No.

City Clerk
Date of Records Destruction

Page 48 of 652 ends

BEAUMONT
catotni.

De ent Head
7, 2O2T
Dat

DATE OF

LAST ACT

COMPLETED

IN FOLDER

DESCRIPTION OF RECORD(S)
TOTAL

RETENTION

RETENTION
CODE NO.
11/2012
Election Admin File
2 years
CC -029
11/2014
Election Admin File
2 years
CC -029
1994
Bank/Trustee Statements
5 years
FIN -007
04/14/1997
Staff Report: Beaumont Drug and Alcohol
Policy
Min 2 years/
superseded in
1999 +5 `ears
AD -016
06/2018
Prop 218 Proceedings
2 years
CC -022
06/2018
Prop 218 Proceedings
2 years
CC -022
11/2012
Staff Report: Negative Declaration for Septic
Conversion Project/Copy of Original
2 years
AD -007
2003
Correspondence: Draft Housing Element
2 years
AD -007
2003
Correspondence: Draft Land Use General Plan
Update
2 years
AD -007
1996
Solid Waster Reduction Reporting (AB 939)
10 years
PW-033
1994
Correspondence: Blight Elimination Activities
2 years
AD -007
2005
Correspondence: General Plan Update
2 years
AD -007
1994
Correspondence: Staff Report/Unsigned
Contract
2 years
AD -007
1994
Memo authorizing an extension of contract. No
2 years
AD -007

Page 49 of 652 ends

contract on file
1994
1994
1994
1994
Redevelopment Project: Civic Center Parking
Lot/Landsca . e
Correspondence: Draft Parking Lot
Improvements
Completion
+10 years
2 years
ED -007
AD -007
Professional Service Agreement
Completion
+10 years
Completion
+10 years
Completion
+10 years
CC -006
Redevelopment Projects & Plans
ED -007
1994
Redevelopment Agency Master Loan
Agreement (Agreement also attached to RDA
Reso 1994-7)
Professional Service Agreement for Appraisal
Services
1994
CC -006
Completion
+10 \ ears
I- -
CC -006
Box 11
(If additional space is needed to describe records, please add additional fields or attach additional pages)
APPROVALS:
qhhaz
I certify that such destruction meets the requirements of the City's Records Retention Schedule and all applicable requirements of State and Federal law and have been approved by City Council by Resolution No. _
City Clerk
Date of Records Destruction

Page 50 of 652 ends

EIUJMEPNT
comestnki,

Depa ment Head / Date

DATE OF

LAST ACT

COMPLETED

IN FOLDER

DESCRIPTION OF RECORD(S)
71 2023
TOTAL

RETENTION
9/23/1996
2012
Correspondence unsigned easement acquisition 2 years
aureements C9627
Surety bond C9713
6/27/2012

RETENTION '
CODE NO.

CC -011
1 year after
completion
2 years
CC -010
Correspondence Unsigiied'agreen eritsincrease
in waste management trash collection
commercial rates C9517
10/28/1991
6/6/1996
5/22/2002
6/18/2002
8/15/2001
4/4/2014
Correspondence Unsigned draft agreement
w/BUSD C102
CC -011
2 years CC -011
Correspondence never enacted draft agreement
for joint dispatch services with San Jacinto
C9618
2 years
CC -011
Correspondence unsigned menioraiidum of
understanding between County of Riverside
and City of Beaumont for Youth
Accountability team CO216
Correspondence with Riverside Area Rape
Crisis center CO221
Correspondence unsigned reimbursement
agreement among Beaumont Utility Authority,
City of Beaumont & Union Bank of California
N.A. C0124
Affidavits of Publication
2 years
2 years
CC -011
CC -011
2 years
CC -011
2 years
CC -002

Page 51 of 652 ends

1/7/2003
6/12/2000
19/22/1998
2/12/1997
8/19/2014
12/12/1994
10/1995
6/10/1996
Correspondence unsigned LER Envirogrind
CO248
Contracts for bureau of forensic services C009
2 years ' CC -011
Completion +
10 years
Correspondence police radio repeat r,Aite
C9816
Correspondence unsigned sales agreement with
RTA C9703
Correspondence re: services by independent
contractor Willdan
2 years
2 years
2 years
CC -006
CC -011
CC -011
CC -011
Correspondence Rangel park 70221
2 years
Correspondence Bogart Park task force 70223 2 years
Correspondence city, Missionstatement 2 years
pertaining to the joint City;Parks-gist & school
dist committee 70226 =.: ' :: '-." •
9/2/2010
12/7/2010
3/6/1996
1/23/1996
5/12/1997
Correspondence WRCOG minute order from
City Council meeting
Correspondence resolution to withdraw from 2 years
the WRCOG
Correspondence approval of architectural week 2 years
70225
2 years
Correspondence skateboard grid io1Ie skate
use on des_ignated city -owned iropert_v i70224
Correspondence bike and pedestrian facilities
70231
2 years
2 years
CC -011
CC -011
CC -011
CC -011
CC -011
CC -011
CC -011
CC -011
6/4/2002
Correspondence staff report re: Wholesale
shutter 10031
9/3/2002
6/21/2002
7/21/2015
7/21/2015
General correspondence re: consideration of
Citz Motto 10061
2 years
CC -011
2 years
CC -011
General correspondence re: support of
Gabrieleno band of mission Indians 10051
Correspondence staff report re: Attendance to
the league of Ca1:,eities cortferona ;2015
10121
Correspondence staff report re: request for
sponsorship- San G memorial hospital
foundation 10131
2 years
2 years
CC -011
CC -011
2 years
CC -011
12/26/2013
Unsuccessful app for Board of Admin appeals
2013 10221
2 years
CC -009
11/12012
Board of Administrative appeals applications 12 years
10211
4/2014
1997
1995
CC -009
Maximum benefit monitoring prop 5 years
Beaumont & San Timoteo Management zones
2013 annual report
Correspondence re: Flood plans 100
PW-038
FPPC 700 forms misc staff & commissioners
104115
2003
700 forms
2 years
7 years
7 years
CC -011
CC -014
CC -014
'-t ` ' g2= of 652

Z 4
2005
8/9/2001
7/1/1996
2001-2007
2014
2015
2003-2004
2004-2005
2005-2006
2006-2007
2007-2008
2008-2009
2009-2010
2010-2011
2011-2012
2012-2013
700 forms
700 forms
Correspondence signature sample of personnel
authorized to request corrections to fixed
} chases on the county tax roll 20463
I -
Single audit finance 150FR 20149
Investment reports 20214
Public Records Requests 2014 ... ._
Public Records Requests 2015,
Imo;: ;;
700 forms
700 forms
700 forms
700 forms
700 forms
700 forms
700 forms
700 forms
700 forms
700 forms
7 years
7 years
2 years
5 years
5 years
2 years
2 years
7 years
7 years
7 years
7 years
7 years
CC -014
CC -014
CC -011
FIN -006
FIN -015
CC -041
CC -041
CC -014
CC -014
CC -014
CC -014
CC -014
7 years CC -014
7 years
7 years
7 years
7 years
CC -014
CC -014
CC -014
CC -014
(If additional space is needed to describe records',: please add additional fields or attach additional pages)
Date
q(((.3
Date
I certify that such destruction meets :the requiremdntsof the City's Records Retention Schedule and all applicable requirements of State and Vederal law and have been approved by City Council by Resolution No.

City Clerk Date of Records Destruction
boKci

Page 53 of 652 ends

BriUMONT

AUTHORIZATION TO MAINTAIN ELECTRONIC VERSION AS THE

OFFICIAL DOCUMENT AND DESTROY THE PAPER/MEDIA VERSION
I am requesting approval to destroy the paper version of the records listed below. These records have been scanned, or uploaded to the Official Repository for the City of Beaumont and have been quality checked for completeness and clarity in order to rely on the image as the "official record."
) I inHt
Department Head

DATE OR

TIME FRAME
OF

RECORD(S)

DESCRIPTION OF RECORD(S)

TOTAL RETENTION
RETENTION CODE NO.
02/19/19-
08/03/2021
City Council Paper Agenda Packets
2 years
CC -003
(If additional space is needed to describe records, please add additional fields or attach additional pages)
Optional On -Going Authorization
❑ The above Records Series will be scanned or uploaded to the City's Repository System on an on -going basis_ This specific authorization requires an annual request to be submitted January of each year. 121/96
Date
Date
City Clerk Date

Page 54 of 652 ends

BEAUMONT
- C !� 1 1 0 R "1 A
Staff Report
TO: City Council
FROM: Robert Vestal, Interim Public Works Director
DATE October 3, 2023
SUBJECT: Improvement Agreement and Security
Description Improvement agreement and security for street improvements for 84 Lumber Storage Yard (Plot Plan 2022-0458).

Background and Analysis:

The City requires all developers to provide security for public improvements consisting of, but not limited to, sewer, street, storm drain, utility, and survey monuments per City of Beaumont Municipal Code 16.56.010.

Plot Plan 2022-0458 Lumber Storage Yard
On October 26, 2022, Planning Commission approved Plot Plan PP2022-0458 (Project). The proposed Project includes a 400 square foot modular office, three (3) storage sheds totaling 8,400 square feet, and 27,000 square feet of outdoor storage.

Refer to Figure 1- Vicinity Map for Project Location.

Page 55 of 652 ends

INTERSTATE 10
4TH ST.
4TH ST.

Lai
w
J
W
3RD ST.

J
w
z
CC
0 J
U
3RD ST.
w
J
(J
w
w
z
0 U.)
CO
SITE
1ST STREET

VICINITY MAP
Q
NORTH
1ST STREET
Figure 1- Vicinity Map
Pierce Hardy Limited Partnership (Owner), is proposing to construct all street improvement work associated with the following improvements:
• Public Works file No. 2022-00949, as shown on City File No. 3468, under performance and payment bond No. PRF767029900 for PP2022-0458.

The Owner has provided a security agreement and security in the form of a bond for the public improvements. The agreement has been reviewed by staff and found to be consistent with the Beaumont Municipal Code. The following table is a summary of the security.

Table 1
Security #
Security Type
Type of
Improvement
Principal
PRF767029900
Performance &
Payment Bond
Street
Pierce Hardy Limited
Partnership

Page 56 of 652 ends

City staff recommends that City Council accept the Security Agreement and securities listed in Table 1.

Fiscal Impact:

The cost of preparing the staff report is estimated to be $350. The developer maintains all associated improvements during construction and maintenance period. The City is not liable for public improvement maintenance until the public improvements are accepted into the City's publicly maintained system.

Recommended Action:

Accept Security Agreement and Performance and Payment Bonds for (Project / Bond number / Improvement):
• PP2022-0458/ PRF767029900 / Street
Attachments:

A. PW2022-0949 - Improvement Agreement Package

Page 57 of 652 ends

RECORDING REQUESTED BY:

CITY CLERK
WHEN RECORDED RETURN TO:

City Clerk
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223

SPACE ABOVE THIS LINE FOR RECORDER'S USE

CITY OF BEAUMONT

OWNER IMPROVEMENT AGREEMENT
Plot Plan No. PP2022-0458
DATE OF AGREEMENT: 9/15/2023
NAME OF OWNER: Pierce Hardy Limited Partnership, a limited partnership (hereinafter referred to as "OWNER")
NAME/NUMBER OF PROJECT: Plot Plan 2022-0458 originally approved on 10/26/2022 ("Development")
PROPERTY SUBJECT TO AGREEMENT: The real property which is the subject of this Agreement is located in the City of Beaumont, County of Riverside and is described in Exhibit "A" attached hereto and incorporated herein (hereinafter the "Property").

EST. TOTAL COST OF
PUBLIC IMPROVEMENTS:
119,678.66
(see Exhibit "B")
EST. TOTAL COST OF
PRIVATE IMPROVEMENTS:
$ N/A
(see Exhibit "B")
EST. TOTAL COST OF
MONUMENTATION:
$ N/A
(see Exhibit "B")
BOND NUMBERS PRF767029900
LETTER OF CREDIT NUMBERS:

N/A

FINANCIAL INSTITUTION
N/A

Page 1 of 25 ends

Page 58 of 652 ends

THIS OWNER IMPROVEMENT AGREEMENT ("Agreement") is made and entered into by and between the City of Beaumont, a California municipal corporation (hereinafter referred to as "City"), and Pierce Hardy Limited Partnership, a limited partnership, (hereinafter referred to as "Owner"). City and Owner are sometimes referred to hereinafter individually as a "Party", and collectively as the "Parties".

RECITALS
A. Owner is the owner of certain real property located in the City of Beaumont legally described on Exhibit "A' attached hereto and incorporated and made part of this Agreement by this reference (the "Property").

B. The conditions of approval of the above referenced Plot Plan and any related entitlements, which are hereby incorporated herein by this reference, require that prior to the issuance of building permits, the Owner and the City shall enter into this Owner Improvement Agreement, secured with sufficient security, as a guarantee of the construction and completion of all public and private improvements and land development work required by said conditions of approval and by the City laws and codes.

D. In consideration of the approval of a final map by the City Council, Owner desires to enter into this Agreement, whereby Owner promises to install and complete, at Owner's own expense, all the public improvement work required by City in connection with the proposed plot plan. Owner has secured this Agreement by improvement security required by applicable law.

E. Improvement Plans (the "Plans") for the construction, installation, and completion of the public and private improvements are being or have been prepared by Owner and will be subject to approval by the Director of Engineering/Public Works ("City Engineer"). The City has adopted standards (hereinafter "Standards") for the construction and installation of improvements within the City, and the Plans will be prepared in conformance with the Standards in effect on the date of the approval of the Application. The Plans will be on file in the Office of the City Engineer and are incorporated into this Agreement by this reference as if set forth fully herein. All references in this Agreement to the Plans shall be deemed to include reference to any specifications for all of the improvements as approved by the City Engineer.

F. An estimate of the cost for construction of the public and private improvements and performing the land development work according to the Plans has been made and approved by the City Engineer. The estimated cost of these improvements is set forth on Page One (1) of this Agreement, and the basis for the estimate is attached hereto as Exhibit "B" and incorporated and made part of this Agreement by this reference. The amounts of the Improvement Securities required to be posted with this Agreement are also based upon the estimate in Exhibit "B".

Page 2 of 25 ends

Page 59 of 652 ends

G. For the purposes of this Agreement, the term "Public Improvements" means all those improvements within the Tract/Parcel intended for transfer or conveyance to the City or other public agency. The estimated cost of their construction is included in the above estimate included herein as Exhibit "B".

NOW, THEREFORE, in consideration of the issuance of the Final Tract map, Owner and City hereby agree as follows:

1. Owner's Obligation to Construct Improvements.
(a) In constructing and installing the improvements, Owner shall comply with all of the requirements and conditions of approval of in the Tentative Tract Map, related entitlements as well as the provisions of the Municipal Code and Subdivision Laws. (b) Owner shall complete, at its own expense, all the public and private improvements and related work on the Development, as required by the conditions of approval of the Tentative Map and related entitlements in conformance with the approved Plans and City Standards, including without limitation, those improvements set forth in Exhibit "B" (hereinafter collectively the "Improvements") within twenty-four (24) months of the date of this Agreement, unless a time extension is granted by the City as authorized by Section 20 of this Agreement.
(c) Intentionally removed.
(d) Owner shall furnish the necessary materials for completion of the Improvements in conformity with the Plans and City Standards.
(e) Owner shall acquire and dedicate, or pay the cost of acquisition by the City, of all rights -of -way, easements and other interests in real property required for construction or installation of the Improvements, free and clear of all liens and encumbrances. Owner's obligations relating to acquisition by City of off -site rights -of -way, easements and other interests in real property shall be subject to a separate agreement between Owner and City. Owner shall also be responsible for obtaining any public or private drainage easements or authorizations therefor to accommodate the Development. (f) Owner shall furnish and install all monuments, stakes and property corners on the lots and streets in the Property as specified on the final recorded tract maps for the Development in accordance with the provisions of the Subdivision Laws, and shall submit centerline tie sheets to City, within thirty (30) days after completion of the Improvements, or as specified in any separate monument agreement with the City, but in any event prior to their acceptance by the City.

Page 3 of 25 ends

Page 60 of 652 ends

2. Improvement Securities.
(a) Owner agrees to secure this Agreement with good and sufficient improvement securities in a form approved by the City Attorney (referred collectively hereinafter as "Improvement Securities" and individually as "Improvement Security") to guarantee the construction and completion of all the improvements in the Development. All such improvement securities shall be posted with the City prior to the City's final building inspection and issuance of a Certificate of Occupancy for any single family dwelling constructed by Owner, its agents, assigns or contractors, on any lot within the Development, as described in Exhibit "A". Said securities are estimated at this time in Exhibit "B" to be in the following amounts, and shall be for the purposes described as follows:
(i) One Hundred Nineteen Thousand Six Hundred Seventy-eight and 66/100 DOLLARS ($119,678.66) to ensure faithful performance of the construction and installation of the public and private Improvements required by this Agreement ("Performance Security"), which amount is 100% of the estimated cost of the Improvements as set forth in Exhibit "B"; and
(ii) One Hundred Nineteen Thousand Six Hundred Seventy-eight and 66/100 DOLLARS ($119,678.66) to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100%) of the estimated cost of the Improvements; and
(iii) Eleven Thousand, Nine Hundred Sixty-seven and 87/100 DOLLARS ($11,967.87) in the form of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one (1) year following acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished ("Warranty Security"). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Security must be provided by Owner to City prior to the City's release of any bonds or Improvement Securities filed with this Agreement.
(iv) N/A and 00/100 Dollars ($X,XXX.XX) in the form of a cash deposit, which is 100% of the estimated cost of setting all final subdivision monuments, boundary corners, front and rear lot corners and centerline ties not previously set or submitted on the lots and streets within the Property as described in Exhibit "A", and for the preparation and recordation of any related Certificate of Correction, as required by Section 66469 of the State Subdivision Map Act. (b) The Improvement Securities required by this Agreement shall be kept on file with the City Clerk. If surety bonds are used, they must be issued by a surety company currently

Page 4 of 25 ends

Page 61 of 652 ends

admitted to transact surety insurance business in California by the California Department of Insurance, with a Best's Insurance Guide rating of no less than A-. The terms of any documents evidencing such Improvement Securities as set forth in this Section 2 or referenced on Page One (1) of this Agreement, are incorporated into this Agreement by this reference as if set forth fully herein. If any Improvement Security is replaced by another type or kind of approved Improvement Security, subject to the approval of the form thereof by the City Attorney, the replacement shall be filed with City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a satisfactory replacement Improvement Security with the City Clerk, the former Improvement Security shall be released.
(c) Owner agrees to keep its Improvement Securities in full force and effect until they are reduced or released by City. If any Improvement Security provided by Owner is cancelled or terminated for any reason by the action of a surety, financial institution or other party, it shall be the responsibility of the Owner to promptly, upon written notice from City, provide a substitute Improvement Security which conforms to all the requirements of this Section 2 in the same amount or amounts.
(d) Any additions, changes, alterations, or modifications of this Agreement or to the Plans, Specifications and Improvements referred to herein, including any extension of time within which the work hereunder may be completed, shall not release or exonerate any surety or sureties on the Improvement Security given in connection with this Agreement except as otherwise may be mutually agreed upon by the City and Owner in writing.

3. Alterations to Improvement Plans; Modification of City Standards. (a) Any changes, alterations or additions to the Plans or to the Improvements, not exceeding 10% of the original estimated cost of the Improvements, which are mutually agreed upon by City and Owner, shall not require Owner to increase any Improvement Securities provided under this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the Improvements, Owner shall provide additional Performance Security as required by Section 2 of this Agreement for 100% of the total estimated cost of the Improvements as changed, altered, or amended, minus any completed partial releases allowed by Section 7 of this Agreement. Owner shall also provide additional Labor & Materials Security as required by Section 2 of this Agreement for 50 % of the total estimated cost of the Improvements as changed, altered, or amended.
(b) Owner shall construct all Improvements in a good and workman like manner and in accordance with the City Standards in effect as of the date of the Approval Action specified on Page One (1) hereof. The City reserves the right to modify the Standards applicable to the Subdivision and this Agreement, when necessary to protect the public safety or welfare or to comply with applicable State or Federal law or City zoning ordinances. If Owner requests and is granted an extension of time for completion of the Improvements, the City may apply the Standards in effect at the time the extension is granted.

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4. Modification of Drainage Plan. Owner agrees that if during the course of construction and installation of Improvements it shall be determined by the City Engineer that revision of the drainage plan is necessary in the public interest, it will undertake such design and construction changes as may be reasonable and as are indicated by the City Engineer and approved by City.

Said changes, if any, shall be confined to the Property.

5. Reserved.

6. Inspections; Final Acceptance and Certification of Improvements. (a) Owner shall at all times maintain proper facilities and safe access for inspection of the Improvements by City inspectors and to the shops wherein any work is in preparation. (b) Upon completion of the Improvements covered in this Agreement, the Owner shall request a final inspection by the City Engineer or his/her authorized representative.

Following receipt of such request, the City Engineer shall inspect the Improvements, make certain determinations and take certain actions as follows:
(i) If the City Engineer, or his/her authorized representative, determines that the Public Improvements requiring acceptance by another public agency have been completed in accordance with this Agreement, then the City Engineer shall request said agency to make a final inspection of such improvements and certify to the City that such improvements have been completed and installed to the satisfaction of said agency. Upon receipt of such certification, the City Engineer may release or reduce the securities held for such improvements. Any certification and/or acceptance of the Public Improvements shall not constitute a waiver of any defects by City.
(ii) For Improvements not requiring dedication to or acceptance by the a public agency (the "Private Improvements"), the City Engineer or his/her authorized representative shall inspect such improvements, and/or shall have the discretion to accept a certification from Owner's registered civil engineer stating that the Private Improvements have been completed in accordance with the approved Plans, City Standards and plot plan. If the City Engineer, or his/her authorized representative, makes a finding, based on his/her own inspection (and/or any certification submitted by Owner's registered civil engineer) that the Private Improvements have been installed and constructed in accordance with the approved Plans, City Standards and the plot plan, the City Engineer shall recommend certification of the completion of the Private Improvements by placing an item on the next most convenient City Council agenda requesting certification and authorization to release the Improvement Securities. Said determination by the City Engineer and agendization of the certification and release shall not be unreasonably withheld or delayed. (c) Owner shall bear all costs of inspection and certification of the Improvements.

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7. Release of Improvement Securities.
(a) The Performance Security shall be fully released only upon the final completion and certification of all Private Improvements and Public Improvements. Partial releases may be permitted subject to the provisions of Subsections (a)(i) and (a)(ii) hereof. Upon final completion of the Public and Private Improvements under this Agreement, and after City Council acceptance/certification, the City shall file a Notice of Completion in accordance with the California Civil Code.
(i) The City Engineer may release a portion of the Performance Security, as work on the Improvements progresses, upon written application thereof by the Owner; provided, however, that no such release shall be considered by City for an amount less the cost estimate of the remaining work does not exceed twenty percent (20%) or less of the estimate of the total amount of work to be done as shown in Exhibit "B". Upon approval of a partial release or the reduction of Performance Security, the City shall not reduce such Performance Security to an amount less than two hundred percent (200%) of the value of the work remaining to be done.

City and Owner agree that not more than two requests for reduction or partial release of Performance Security shall be considered between the start of construction and the completion and acceptance/certification of the Improvements by the City.
(ii) In no event shall the City Engineer authorize a release or reduction of the Performance Security which would reduce such security to an amount below that required to guarantee the completion of the Improvements and any other obligations imposed upon Owner by this Agreement.
(iii) No partial reduction or release of the Performance Security shall constitute or be construed as the City's acceptance or certification of any Improvements or related work. Such partial reductions or releases (if any) will merely reflect that a certain portion of the required work has been done.
(b) The Labor & Materials Security shall, ninety (90) days after the City's recordation of the Notice of Completion described in Subsection 7(a), be reduced to an amount equal to the total claimed by all claimants for whom liens have been filed and of which notice has been given to City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Labor & Materials Security and to cover related legal costs. The balance shall be released upon the settlement of all claims and obligations for which the Labor & Materials Security was given. If no claims or liens have been filed and no notice has been given to City within said ninety (90) day period, then the Labor & Materials Security shall be released in full. (c) The Warranty Security shall not be released until after the expiration of the one-year (1 -year) warranty period and until any claims filed during the warranty period have been

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settled. As provided in Section 11, below, the warranty period shall not commence until final acceptance/certification of the Improvements and related work by the City Council. (d) Intentionally removed.
(e) The City may retain from any Improvement Securities released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees.

8. Injury to Public Improvements, Public Property or Public Utilities Facilities. Owner shall replace or repair or cause the repair or replacement of any and all public or private improvements, public utilities facilities and survey or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Owner shall bear the entire cost of replacement or repairs of any and all public or private improvements or utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be made to the reasonable satisfaction, and subject to the approval of the City Engineer (which approval shall not be unreasonably withheld, conditioned or delayed) and the owner of any such public or private improvement.

9. Permits. Owner shall, at Owner's expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices and pay all fees and taxes required by law.

10. Notice of Breach/Default of Owner.
(a) Default of Owner shall include, but not be limited to: (1) Owner's failure to timely complete construction of the Improvements; (2) Owner's unwarranted failure to timely cure any defect in the Improvements; (3) Owner's failure to perform substantial construction work for a period of twenty (20) consecutive calendar days after commencement of the work; (4) Owner's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Owner fails to discharge within thirty (30) days; (5) the commencement of a foreclosure action against the Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; (6) Owner's failure to keep the Improvement Securities in full force and effect; (7) Owner's failure to notify the City of any sale, transfer or other disposition of the Property to a purported new Owner; (8) Owner's failure to maintain insurance; or (9) the failure of Owner or Owner's contractors, subcontractors, agents or employees to comply with any other terms and provisions of this Agreement.
(b) In the event of any such default, the City Engineer or the City Council may serve written notice to Owner specifying in reasonable detail the nature of the default. Owner shall have thirty (30) days from receipt of said notice to cure the default; provided that, if the default is not reasonably susceptible to being cured within said thirty (30) days, Owner shall have a reasonable period of time to cure the default so long as Owner commences

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to cure the default within said thirty (30) days and diligently prosecutes the cure to completion.
(c) If following service of such written notice of default, Owner fails to cure or commence curing the default to the satisfaction of City within the cure period specified in Subsection 10(b), above, the City Engineer or the City Council may serve notice of Owner's default upon Owner and where applicable Owner's surety, or the holder(s) of any other Improvement Securities, in accordance with the notice provisions set forth in Section 22 of this Agreement.
(d) In the event of service of the notice of default specified in Subsection 10(c), above, Owner's surety shall have the duty to take over and complete the Improvements and related work required under this Agreement; provided; however, that if the surety, within thirty (30) days after the serving upon it of such notice of default, does not give the City written notice of its intention to take over the construction of said Improvements or does not, within thirty (30) days after giving City notice of such election, commence to complete the Improvements, City may take over the work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Owner, and Owner's surety shall be liable to City for any costs or damages occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Owner as may be on the site of the work and necessary for the completion of same.
(e) The City reserves to itself all remedies available to it at law or in equity for Owner's default under this Agreement beyond any applicable notice and cure periods. The City shall have the right, subject to this Section, to draw upon or utilize the appropriate Improvement Securities to mitigate City's damages in event of default by Owner. The right of City to draw upon or utilize the Improvement Securities is additional to and not in lieu of any other remedy available to City. It is specifically recognized that the estimated costs and amounts of Improvement Securities may not reflect the actual cost of construction or installation of the Improvements, and therefore, City's damages for Owner's default shall be measured by the actual cost of completing the required Improvements. The sums provided by the Improvement Securities may be used by City for the completion of the Improvements in accordance with the Plans.
(f) Failure of Owner to comply with the terms of this Agreement, including but not limited to, construction of all the Improvements as set forth herein and as required by the Tentative Map, shall constitute Owner's consent to: (1) the filing by City beyond any applicable notice and cure periods of a notice of violation against all of the lots in the Subdivision; (2) withholding of Building permits, utility connections and/or Certificates of Occupancy. The remedies provided by this Subsection (f) are in addition to and not in lieu of any other remedies available to City at law or in equity. Owner agrees that the choice of remedy or

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remedies for Owner's default or breach beyond any applicable notice and cure periods shall be in the sole discretion of City.
(g) In the event that Owner fails to perform any obligation hereunder beyond any applicable notice and cure periods, Owner agrees to pay all costs and expenses incurred by City in securing performances of such obligations, including costs of suit and reasonable attorney's fees.
(h) The failure of City to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach, or of any subsequent default or breach of Owner. Any failure by the City to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision(s) and further shall not act to release any surety from its obligations under this Agreement.

11. Warranty.
(a) For a period of one (1) year after final acceptance/certification by the City Council of the Improvements, Owner shall guarantee or warranty all the Improvements against any defective work or labor done or defective materials furnished. If within the warranty period any work relating to the Improvements or any part of thereof furnished, installed, constructed or caused to be done, furnished, installed or constructed by Owner fails to fulfill any of the requirements of this Agreement or the Plans, Owner shall without unreasonable delay and without any cost to City, commence to repair or replace or reconstruct any defective or otherwise reasonably unsatisfactory part or parts of the work or structure within thirty (30) days of receiving written notice from City of the defect and diligently prosecute the repair or replacement work to completion.
(b) Should Owner fail to act promptly or in accordance with the repair/replacement requirements set forth herein, Owner hereby authorizes City, at City's option, to perform the repair/replacement work twenty (20) days after mailing written notice to Owner and to Owner's surety, and Owner agrees to pay City for the cost of such work. (c) Should the City determine that an emergency or an imminent threat to the public safety and welfare exists from the condition of the Improvements which require repairs, replacements or remedial measures to be made before Owner can be notified, City may, in its sole discretion, make the necessary repairs or replacements or perform the necessary work and Owner shall pay to City the cost of such repairs.

12. Owner Not Agent of City. Neither Owner nor any of Owner's agents, officers, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Owner's obligations under this Agreement.

13. Injury to Improvement Work: Risk of Loss. Until such time as the Public Improvements are accepted by City, Owner shall be responsible for and bear the risk of loss to any of the Public

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Improvements constructed or installed and shall be responsible for the care, maintenance of and any damage to such Public Improvements. Neither City, nor any of its agents, officers or employees shall be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the Public Improvements specified in this Agreement prior to the completion and acceptance of the Public Improvements by City, except to the extent caused by the negligence or willful misconduct of City, its agents, contractors and employees. All such risks shall be the responsibility of and are hereby assumed by Owner, except to the extent caused by the negligence or willful misconduct of City, its agents, contractors and employees . Owner is responsible for and shall bear the risk of loss for all Private Improvements at all times, except to the extent any such loss is caused by the negligence of willful misconduct of the City, its agents contractors and employees.

14. Other Agreements. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the Parties, or from entering into agreements with other Owners for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of City ordinances providing therefor, nor shall anything in this Agreement commit to any such apportionment.

15. Owner's Obligation to Warn Public During Construction. Until final acceptance/certification of the Public Improvements pursuant to Section 6(b)(i), and final certification of construction of the Private Improvements pursuant to Section 6(b)(ii), Owner shall give reasonable, good and adequate warning to the public of each and every dangerous condition existent in said Improvements and will take all reasonable actions to protect the public from such dangerous conditions in, on or around the work site.

16. Vesting of Ownership. Upon acceptance of the Public Improvements and related work on behalf of the City, and after recordation of the Notice of Completion, ownership of the Public Improvements constructed within the Private streets in the Development shall vest in the name of the City, or applicable government agency or utility company, and any improvement constructed on any public street pursuant to this Agreement shall vest in City.

17. Indemnity/Hold Harmless.
(a) Neither the City, nor any official, officer, employee, contractor or agent thereof, shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Owner, its agents, subcontractors or employees in the performance of this Agreement.

Owner hereby agrees to, and shall defend and hold harmless City, its elective and appointive boards, commissions and officers, and its agents, contractors and employees from and against any and all third party claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees, consultant's fees, expert's fees, losses or liability, in law or in equity, of every kind and nature whatsoever to the extent arising out of or in connection with Owner's operations, or any subcontractor's operations, to be performed under this Agreement for Owner's or subcontractor's tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or

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damage to property of anyone caused by any act or omission of Owner or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by law, with the exception of the negligence or willful misconduct of City, its agents, contractors and employees.
(b) Owner's indemnity, defense and hold harmless obligations under this Section 17 are not conditioned or dependent upon whether City, or its elective and appointive boards, commissions and officers, or its agents, contractors and employees, prepared, supplied or reviewed any Plans or related specifications in connection with the Improvements, or whether City or Owner has insurance or other indemnification covering any of these matters.
(c) Owner's obligation to indemnify, hold harmless and defend City shall extend to injuries to persons and damages to or alleged taking of property resulting from Owner's design or construction of the Improvements. City's acceptance and/or certification of the Improvements shall not constitute an assumption by City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Improvements constructed or installed pursuant to the Plans, unless the particular Improvement design was required by City over the written objection of Owner, which objection stated that the Improvement design was potentially dangerous or defective and set forth a safe and feasible alternative design. After City's acceptance/certification of the Improvements, Owner shall remain obligated to correct or eliminate all dangerous conditions caused by defects in Owner's design or construction; provided, however, that the Owner shall not be responsible for routine maintenance. Owner acknowledges and agrees that Owner shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and except as may be provided above, City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Plans, or in inspecting, reviewing or approving any work or construction of Improvements. Owner's Improvement Securities shall not be required to secure Owner's obligations under this Section 17.

18. Sale or Disposition of Property; Assignment.
(a) Owner acknowledges and agrees that sale, transfer or other disposition of the Property prior to completion of the Improvements required hereunder will not relieve Owner from the obligations set forth in this Agreement, and Owner shall be required to notify City sixty (60) days in advance of any sale or transfer of ownership of the Property or any proposed assignment of this Agreement. If Owner sells or otherwise transfers the Property to any other person or entity prior to final completion of the Improvements, or wishes to assign this Agreement, Owner may request a novation of this Agreement and a substitution of Improvement Securities by the new owner or proposed assignee (hereinafter collectively for purposes of this Section, "Successor"). Owner shall be required to provide any

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documentation reasonably required by City to determine the appropriateness of any proposed Successor.
(b) Any proposed Successor must demonstrate to the City its ability to perform and complete the obligations of Owner under this Agreement, as determined by objective standards of financial capability, creditworthiness and experience required for such performance, and the City shall have the right to compel the Successor to disclose all documents, information and other material which, in City's sole reasonable discretion, may establish or tend to establish that the proposed Successor meets the standards specified herein. Following approval by City and full execution of a novation (or other such release or assignment and assumption agreement(s) entered into by Owner, Successor and City), posting of satisfactory Improvement Securities and submission of required insurance by Successor, City shall release or reduce the securities posted by Owner in accordance with the provisions of such novation and release Owner of its obligations under this Agreement.

Nothing in the novation (or other such release or assignment and assumption agreement entered into by Owner, Successor and City) shall relieve Owner of its obligations under any other Section of this Agreement for work or Improvements performed by Owner prior to the novation.

19. Time of the Essence. Time is of the essence in this Agreement.

20. Time for Completion of Improvements; Extensions.
(a) Owner shall commence and diligently prosecute to completion construction of all the Improvements required by this Agreement. The time for completion of the Improvements as specified in Subsection 1(b) of this Agreement may be extended as permitted by City ordinance. The City Manager may grant an extension of time for such period as may be in the public interest upon the showing of the Owner of good cause. Any such extension granted shall be subject to the limitations and conditions set forth in Subsections 20(b) and (c), below, and shall be made by a writing executed by the in a form as approved by the City Attorney.
(b) Any such extension may be granted without notice to Owner's surety and shall not affect the validity of this Agreement or release the surety or sureties on any Improvement Securities given for this Agreement. However, City reserves the right to require as part of any extension amendment a written assurance from the surety acceptable to the City Attorney that the Improvement Securities required by Section 2 of this Agreement shall remain enforceable throughout the term of any extension. (c) The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Owner to an extension. In addition, the time for completion of the Improvements shall be extended for any delay resulting from an act or omission of City, its agents , contractors or employees, or from an act of God, which Owner could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which

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prevent the conducting of work, and which were not caused by or contributed to by Owner, or by any other cause not reasonably within the control of Owner provided that Owner provides City with written notice of the delaying event within fifteen (15) days of the commencement of the delay. In the event of such delaying event, Owner shall use all reasonable efforts to remedy same and resume completion of the Improvements as promptly as practicable.
(d) As a condition of granting an extension of time to complete the Improvements required by this Agreement, the City Manager may require Owner to furnish new or additional Improvement Securities guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as reasonably determined by the City Engineer.

21. Notice. All notices required by or provided for under this Agreement shall be in writing and delivered in person or sent by certified or registered mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with City:

Notice to City
With a Copy to
Notice to Owner:

City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
Attn: City Manager
John Pinkney, Esq.

SBEMP
1800 East Tahquitz Canyon Way
Palm Springs, CA 92262
Pierce Hardy Limited Partnership
1019 Route 519
Eighty Four, PA 15330

22. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified in writing by the mutual consent of the Parties.

23. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement.

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24. Insurance.
(a) Owner shall, at all times during the construction of the Improvements, obtain, carry, maintain, and keep in full force and effect, at its sole cost and expense, policies of insurance of the types and in at least the minimum amounts described below:
(i) Commercial General Liability policy with a minimum combined single limit of One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, personal injury and property damage arising out of or in connection with the activities of the Owner and its contractors and subcontractors in performance of the work under this Agreement.

Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) and shall, in addition to the other coverages specified in this subsection, include coverage for independent contractors, ongoing operations, products and completed operations, contractual liability and personal and advertising injury.
(ii) Commercial Vehicle/Automotive Liability policy covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Owner, its officers, agents, employees, subcontractors or independent contractors in performing the work required by this Agreement.
(iii) Workers' Compensation and Employer's Liability policy for all Owner's employees, with Workers' Compensation limits as required by State law and Employer's Liability coverage of $1,000,000 per accident for bodily injury or disease.

In case any work is sublet, Owner shall require any contractor or subcontractor similarly to provide Workers' Compensation and Employer's Liability Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Owner.
(1) In case any class of employees engaged in work under this Agreement at the work site(s) is not protected under any Workers' Compensation law, Owner shall provide and shall cause each contractor or subcontractor to provide, adequate insurance for the protection of employees not otherwise protected.
(2) Owner hereby indemnifies City for any damages or claims resulting from failure of either Owner or any contractor of subcontractor to take out or maintain such liability or Workers' Compensation insurance. (b) Insurer Rating, Acceptability. Except as set forth otherwise herein, the policies required by this Section shall be issued by a California -admitted insurer with a rating of at least an A-; VII in the latest edition of Best's Insurance Guide. A Commercial General Liability policy issued by an insurer that is on the California Department of Insurance's List

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of Approved Surplus Line Insurers ("LASLI") will be acceptable, if no coverage from an admitted insurer can be obtained by Owner, and further provided that such insurer maintains a Best's rating of at least "A-; X" and remains on the LASLI during the term hereof. Workers' Compensation coverage issued by the State Compensation Insurance Fund shall be acceptable if no other coverage can be obtained by Owner, and further provided such insurer remains admitted in California and is otherwise financially acceptable to City.
(c) Deductibles. Any deductibles or self -insured retentions must be declared in writing by Owner to City and subsequently approved by City prior to its execution of this Agreement and prior to commencement of any work hereunder. At City's option, Owner shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Owner shall procure a bond guaranteeing payment of losses and expenses. (d) Certificates and Endorsements Verification. Owner shall submit to the City original certificates of insurance and endorsements evidencing the coverages required by this Section. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies at any time and/or to require Owner to provide reports or status updates to evidence compliance of its contractors and subcontractors with the provisions of this Section. (e) Required Endorsements.
(i) The Commercial General Liability and Commercial Vehicle/Automotive Liability policies are to contain or be endorsed to contain the following provisions:
(1) Additional Insureds. The City of Beaumont, its officials, officers, employees, agents and independent contractors shall be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Owner; and with respect to liability arising out of work or operations performed by or on behalf of the Owner including materials, parts or equipment furnished in connection with such work or operations.
(2) Primary Insurance. For any claims related to this project, the Owner's insurance coverage shall be primary insurance as respects the City of Beaumont, its officials, officers, employees, agents and independent contractors. Any insurance or self-insurance maintained by the City of Beaumont, its officials, officers, employees, agents and independent contractors shall be excess of the Owner's insurance and shall not contribute with it. This endorsement is not applicable to the Commercial Vehicle/Automotive Liability Policy.

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(3) Waiver of Subrogation. Endorsements waiving all rights of subrogation against the City of Beaumont, its officials, officers, employees, agents and independent contractors shall be provided.
(ii) The Workers' Compensation policy shall be endorsed to waive all rights of subrogation against the City of Beaumont, its officials, officers, employees, agents and independent contractors.
(f) Other Insurance Requirements. All policies required under this Agreement shall contain provisions stating that such policies cannot be canceled or reduced except on at least thirty (30) days prior written notice to Owner (ten (10) days' notice for cancellation due to non-payment). Owner further agrees to: (1) provide to City copies of any notices relating to cancellation or reduction of insurance within two (2) days of receipt; and (2) cause all certificates of insurance to include language indicating that the issuers or producers of such policies will endeavor to provide copies of any such notices directly to City.
(g) Commencement of Work. Owner shall not commence work under this Agreement until Owner has obtained all insurance required pursuant to this Section, and such insurance has been obtained by Owner and approved by City; nor shall Owner allow any contractor or subcontractor to commence work on the Improvements until all similar insurance required of the contractor or subcontractor has been obtained. Certificates, endorsements, and where applicable, full copies of policies shall be maintained on file with the City Clerk.
(h) Higher Limits. If Owner maintains higher limits than the minimums specified in this Section 25, the City requires and shall be entitled to coverage for the higher limits maintained by Owner. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

25. Attorneys' Fees. In the event any action at law or in equity is brought to enforce the terms of this Agreement, the prevailing Party shall be entitled to litigation costs and reasonable attorneys' fees.

26. Incorporation of Recitals. The Recitals to this Agreement are hereby incorporated into in the terms of this Agreement.

27. Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the Parties.

28. Governing Law; Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. In the event that suit shall be brought by either

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Party to this contract, the Parties agree that venue shall be exclusively vested in the State courts of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California.

29. Runs with the Land; Recordation.
(a) The Parties agree that the terms and provisions set forth in this Agreement shall be deemed provisions, terms and/or covenants running with the Property in accordance with applicable law, including without limitation, California Civil Code section 1468, and shall pass to and be binding upon the heirs, successors and assigns of the Parties to this Agreement, and on any successor owner of the Property.
(b) The provisions of Subsection 29(a) notwithstanding, Owner shall remain jointly and severally liable with its heirs, successors, assigns or successor owners of the Property for the responsibilities and liabilities imposed by this Agreement unless a novation or assignment agreement is executed in accordance with the provisions of Section 18 of this Agreement.
(c) Upon execution, this Agreement shall be recorded in the Official Records of Riverside County, and by such recordation, it is the intention of the Parties to give notice to and bind their successors, heirs and assigns hereto.

30. Authority of Executing Parties. Each person executing this Agreement on behalf of a Party represents and warrants that such person is duly and validly authorized to do so all behalf of the entity it purports to bind and that he/she is authorized to enter into contracts on behalf of Owner. The undersigned, on behalf of Owner, binds Owner, its partners, successors, executors, administrators, and assigns with respect to the terms and provisions of this Agreement.

IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto on the date above first written.

Owner:

Pierce Hardy Limited Partnership
. -.7---, /
By: Pa J ntz
Title: A sistant Vice President
[Signatures Continued on Next Page]

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[Signatures Continued from Previous Page]
City:

CITY OF BEAUMONT,
a Municipal Corporation
By:

Title: City Manager
ATTEST:

By:

Title: City Clerk
APPROVED AS TO FORM:

By: John Pinkney
Title: City Attorney
APPROVED AS TO CONTENT:

By: Robert Vestal
Title: Director of Engineering/Public Works
Attachments: Exhibit A Legal description of Property
Exhibit B Cost estimate(s)
(Proper Notarization of Owner's Signature is required and shall be attached)

Page 19 of 25 ends

Page 76 of 652 ends

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

Commonwealth of Pennsylvania
County of \NA L0a1
On Selq-,o,r,Aer before me Lem- A Tor Kov, No/n Pc).61.c personally appeared PAUL J. LENTZ, Assistant Vice President, Pierce Hardy Limited Partnership, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his /her/their signature(s) on the instrument, the person(s), or the entity on behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Commonwealth of Pennsylvania - Notary Seal
LesaA. Turkovich. Notary Public
Fayette County
My commission expires A' ygust 26, 2024
Commission number 1:301;491
Member, Pennsylvania Association ,.f Notaries

Page 20 of 25 ends

Page 77 of 652 ends

Pw #: PW2022-09`19
File #: 3y 68

PERFORMANCE BOND
PRF767029900
WHEREAS, the City of Beaumont, State of California, and Pierce Hardy Limited Partnership (hereinafter designated as "Principal") have entered into Agreement To Provide Security For Improvements For Plot Plan 2022-0458, dated March 10, 2023, whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No.2022-0458, which is hereby incorporated herein and made a part hereof; and WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and Fidelity and Deposit Company of Maryland as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of One Hundred Nineteen Thousand Six Hundred Seventy-eight dollars and 66/100 ($119,678.66) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presen*s.

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

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

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

Page 78 of 652 ends

Fidelity and Deposit Company of MD
By:_ / By.

Name: Richard A Young Jr
Title: Attorny-In-Fact
Address: 1420 Diamond Ct
Pittsburgh, PA 15241

NOTARIAL ACKNOWLEDGEMENT
STATE OF:

Pennsylvania
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 16th of May . 20 23 .

SURETY PRINCIPAL
Pierce Hardy Limited Partnership
t
Name:

L
1 Title: -1\SS \Si `v- VieC Cpl ctim
Address:
1019 Route 519
Eighty Four, PA 15330
COUNTY OF: Washington
The following instrument was acknowledged before me this day of 20 by:

Richard A Young as Attorney -In -Fact for Fidelity and Deposit Company of Maryland and is personally known to me.

My commission expires:

Notary PubTiL Signature
Printed Name

NOTARIAL ACKNOWLEDGEMENT
STATE OF: Pennsylvania
COUNTY OF:

The following instrument was ac nowledged before me this alt day of itt
li/1410 A Cc -
Notary Publip Signature
Printed Name � kA/
DxhicokAtz
hweafth of Pennsylvania - Notary Seal
MargaretA. Mehalik, Notary Public
Washington County
My commission expires November 20.2025
Commission number 1280415
Member. Pennsylvania Association of Notaries
Washington
, 20 by:
and is personally known to me.

My commission expires:
&c)viwtaJ( 3avac-
CorromvAth of Pennsylvania - Notary Seal
Tam.ra R. DeMarino, Notary Public
Washington County
My commission expires November 3, 2026
Commission number 1225445
Member, Pennsylvania Association of Notaries

Page 79 of 652 ends

EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attomeys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time."

CERTIFICATE
I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By - Laws of the Companies is still in force.

This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.

RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on theCompany." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.

RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 16th day of MAY , 2023
C.
;,s1H ---
By: Brian M. Hodges
Vice President

TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION

OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO:

Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
www.reportsfclaimst zurichna.com
800-626-4577

Page 80 of 652 ends

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.

Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Richard. A. YOUNG, JR and Kaleena C. CHIPRICH, both of Eighty Four, Pennsylvania, EACH, its true and lawful agent and Attomey- in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland, and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland, in their own proper persons.

The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies and is now in force.

IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day of February, A.D. 2020.

ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 20th day of February, A.D. 2020, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.

Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2023

Page 81 of 652 ends

PAYMENT BOND PRF767029900
WHEREAS, the City Council of the City of Beaumont, State of California, and Pierce Hardy Limited Partnership (hereafter designated as "the Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated March 10 , 20 2q whereby Principal agrees to install and complete certain designated public improvements which is hereby incorporated herein and made a part hereof; and WHEREAS, under the terms of the said agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code of the State of California.

NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to at Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code in the sum of One Hundred Nineteen Thousand Six Hundred Seventy-eight dollars and 66/100 ($119,678.66), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

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

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

Page 82 of 652 ends

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 16th of May 20 23 .

By:

SURETY
Fidelity and Deposit Company of MD
(. /4
By:

PRINCIPAL
Pierc Hare. Lir ited Partnership
Name: Richard A Young Jr Name:

Title: Attorney -In-Fact Title:- _
Address: 1420 Diamond Court Address: 1019 Route 519
Pittsburgh, PA 15241 Eighty Four, PA 15330

NOTARIAL ACKNOWLEDGEMENT
STATE OF:

Pennsylvania
COUNTY OF: Washington
The following instrument was acknowledged before me this day of , 20 by:

Richard A Young as Attorney -In -Fact for Fidelity and Deposit Company of Maryland and is personally known to me.

Notary Public Signature
Printed Name
My commission expires:
till r ealth of Pennsylvania - Notary Seal
MargaretA. Mehalik, Notary Public
Washington County
My commission expires November 20.2025
Commission number 1280415
Member. Pennsylvania Association of Notaries

NOTARIAL ACKNOWLEDGEMENT
STATE OF: Pennsylvania COUNTY OF: Washington
The following instrument was acknowledged before me this day of �i 4 ILi YI L A
)a./14,

1.4 Imt
Notary Publi Signature
Printed Name /(-yi/]L Vi( 1< 7 )4 0
, 20 by:
and is personally known to me.

My commission expires: Not
Kowrwihe - 3,oz�ds
e p onwealth of Pennsylvania - Notary Seal
'Tamara R. DeMarino, Notary Public
Washington County
My commission expires November 3, 2026
_ Commission number 1225445
Member, Pennsylvania Association of Notaries

Page 83 of 652 ends

EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attornevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time."

RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 16th day of MAY 2023
waTf
By: Brian M. Hodges
Vice President

TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION

OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO:

Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
www.reportsfclai msriDzuri chna.com
800-626-4577

Page 84 of 652 ends

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OFMARYLAND

Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Richard. A. YOUNG, JR. and Kaleena C. CHIPRICH, both of Eighty Four, Pennsylvania, EACH, its true and lawful agent and Attorney - in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland, and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland, in their own proper persons.

The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies and is now in force.

ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice Presidentyr
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 20th day of February, A.D. 2020, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, RobertD. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.

IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written.

Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2023

Page 85 of 652 ends

PIERCE HARDY LIMITED .PARTNERSHIP
Unanimous Written Consent of the General Partner
in Lieu of an Annual Meeting
Apr / fst ,20aj
The undersigned, being the: sole general partner the, "General Partner.") of Pierce Hardy Limited Partnership ,. a Pennsylvania limited partnership (the "Partnership.."), does hereby consent in writing; pursuant.to•all applicable provisions ofthe Pennsylvania Uriiforni Limited Partnership Act of 2016, as amended, and the Amended and Restated Agreement of Limited .Partnership dated.

January 1., 2Q16,, as.amended, to the: adoption of the following..resolutions and to the. Partnership actions hereinafter set forth and direct that they shall,.in all respects; be deemed as valid. Partnership actions as though such actions and resolutions had been duly approved and authorized at 'an annual meeting of the.:General Partner of the Partnership, held as of the date above. -set- forth:

1. Election of Officers
RESOLVED, that the following persons are hereby unanimously elected to serve. in the respective offices set forth beside their'narne until the. nextarinual.meeting .of the General Partner and until their successors) are duly elected:and qualified:

Margaret Hardy Knox
Frank Cicero
Paul. J. Lentz
Bethany L. Cypher
Jinn Zaunick
Ed Baer
- President
- Chief Operating Officer
- Assistant Vice President
- Assistant Vice President
— Vice President
- .Assistant. Vice. President
2 Ratification of Actions
RESOLVED, that all other actions of the off -leers of the Partnership taken by such persons on behalf of the Partnership since the last annual meeting of the General Partner be, and hereby are, ratified and approved as:valid Partnership actions.

The undersigned directs that this written consent shall, in all respects, be deemed to be in lieu of an annual meeting of the General Partner of the Partnership; andall notice requirements in connection herewith, whether by statute or: otherwise, hereby are Waived. (o[-2i5450.i

Page 86 of 652 ends

IN WITNESS: WHEREOF,the undersigned has duly executed this written consent, to be effective as of the date first above written.

GENERAL PARTNER:

Peter Jon .Co.

By:

Mar ar t:. • y K R ox, President

Page 87 of 652 ends

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

CONSTRUCTION COST WORKSHEET
PARCEL MAP OR TRACT NO.:

DATE: 10 -Mar -23
PP, CUP NO.. PP2022-0458 BY: Blaine Womer

IMPROVEMENTS

FAITHFUL PERFORMANCE

LABOR & MATERIALS SECURITY
( of Estimated Construction Costs)
100%
100%
Streets/Drainage
Sewer
Total
Warranty Retension (10%)
$
$
119,678.66
119,678.66
I 1,967.87
Street/Drainage Plan Check Fees = $ 2,060.64
Sewer Plan Check Fees =
Street Inspection Fees =
Sewer Inspection Fees =

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

Above amounts do n include additional 20% for recordation prior to having signed plans Abo
do not
ti
Engineer's Signature
Blaine Womer
elude additional 20% for recordation prior to having signed plans S t%121.

Date
Name typed or printed
FORM $ UNIT COSTS REVISED 09/06
*****PLEASE READ INSTRUCTIONS BELOW*****
Quantities to be taken from improvement plans, Unit costs to be as provided on "City of Beaumont Improvement Requirement Worksheet".

2. Show Bond Amounts to the nearest $500.
3 For construction items not covered by "City of Beaumont Improvement Worksheet", Design Engineer is to provide his opinion of construction cost and use of that cost. If City of Beaumont Unit Costs are determined to be too low in the opinion of the Design Engineer, the higher costs as provided by the Design Engineer should be used.

Page 88 of 652 ends

3/13/2023

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:

PP2022-0458 - 84 Lumber Storage Facility
DATE: 10 -Mar -23

STREET IMPROVEMENTS
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
Roadway Excavation
C.Y.

1. Projects with a grading plan area x 0.50'
(hinge point to hinge point)(262,230 sf)
$

15.00 $
-

2. Projects without a grading plan (road
area and side slopes to daylight
Cut (C) = Fill (f) =
C.Y. (c or f)
(a.) Excavate and Fill
$

0.40 $
C.Y. (f - c)
(b.) Excavate and Export
$

1.10 $
-
(c.) Import and Fill
$

2.80 $
-
Ifbalance, provide (a.) only, either cut or fill
If export, provide (a.) & (b.), a = fill, b = cut - fill If import, provide (a. ) & (c.), a = cut, c= fill - cut (Unit costs for (a.), (b.) & (c.) are 20% of acrual
costs to assure that work will be corrected to
eliminate hazardous conditions.)
S.F.

Grinding A.C. in place
$

1.00 $
-
S.F.

Remove A.C. Pavement
$

1.00 $
-
L.F.

Remove Curb and Gutter
$

6.00 $
-
872
L.F.

Remove A.C. Dike
$

3.00 $
2,616
S.F.

Remove Sidewalk
$

3.00 $
-
5,326
S.F.

Sawcut & Remove Exist. A.C. Pavement
$

2.00 $
10,652
S.F.

Cold Plane A.C. Pavement
$

1.00 $
-
E.A.

Relocate Mailbox
$
250.00
$
-
$
-
15,541
S.F.

Crack Seal and Slurry Existing AC Pavement
$

0.90 $
13,987
9 SF
Sawcut and Remove Existing Cross Gutter
$

5.00 $
45 590
SF
Remove Existing Curb Return and Spandrel
$

5.00 $
2,950
1 E.A.

Join Existing Striping
$
100.00
$
100
564
LF
Paint Yellow Stripe per Caltrans Std. Detail 1
$

1.30 $
733
795
LF
Remove Existing Striping in Conflict with plan
$

1.00 $
795
231
LF
Paint Double Yellopw Stripe Per Caltrans Detail 21
$

1.30 $
300

Page 89 of 652 ends

3/13/2023

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:

PP2022-0458 - 84 Lumber Storage Facilitiy
DATE: 10 -Mar -23
STREET IMPROVEMENTS (Cont'd.)
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
L.F.

Remove Chain Link Fence
$ 2.50
$ -
EA.

Remove Barricade
$ 200.00
$ -
35 TON
Asphalt Concrete - 144 lbs/cu. Ft.
(On -Site 1926 SF @ 0.25 ft AC thickness Ft.)
$ 90.00
$ 3,150
36 C.Y.

Aggregate Base Class II (OnSite 1926 SF @ 0.5 ft AB thi% $ 50.00
$ 1,800
0 TON
Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals) (OnSite SF)
appl( at 0.05 + 0.03 = 0.08 gal/SY
$ 600.00
$ 42
S.F
AC overlay (min. 0.10')
If export, provide (a) & (b), a=fill, b=cut-fill
If import, provide (a)&(C), a=cut, c=fill-cut
(Unit costs for (a), (b) & (C) are 20% of
actual costs to assure that work will be
corrected to eliminate hazardous conditions.)
$ 1.00
$ -
L.F.

Curb and Gutter (Wedge Curb)
$ 8.00
$ -
681
L.F.

Curb and Gutter (Type A-6)
$ 10.00
$ 6,810
L.F.

Curb and Gutter (Type A-8)
$ 12.00
$ -
L.F.

Type "C" Curb
$ 10.00
$ -
L.F.

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

A.C. Dike (6") (incl. material & labor)
$ 8.00
$ 400
L.F.

A.C. Dike (8") (incl. Material & labor)
$ 10.00
$ -
590
S.F.

P.C.C. Cross Gutter and Spandrels
$ 10.00
$ 5,900
3,748
S.F.

P.C.C. Sidewalk
$ 6.00
$ 22,488
1,707
S.F.

P.C.C. Drive Approach
$ 8.00
$ 13,656
EA.

Handicapped Access Ramp
$ 1,500.00
$ -
S.F.

P.C.C. Drive Approach
(individual lot driveway approach per finished grading plan) $ 8.00
$ -
S.F.

Cold Plane & Overlay Exist. A.C. Paving
$ 4.00
$ -
9 SF
Cross Gutter
$ 10.00
$ 90
105
SF
Curb Ramp
$ 10.00
$ 1,050
42 LF
Curb Face Transition - 0" to 6"
$ 12.00
$ 504

Page 90 of 652 ends

3/13/2023

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:

PP2022-0458 - 84 Lumber Storage Facility
DATE: 10 -Mar -23
STREET IMPROVEMENTS (Cont'd.)
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
EA.

Street Name Sign
$ 275.00
$ -
EA.

Delineators -per Caltrans Std. A73C,
Class 1, Type F
$ 45.00
$ -
EA.

Object Markers - Modified Type F
Delineators, Riverside County
$ 60.00
$ -
L.F.

Barricades
$ 28.00
$ -
L.F.

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

Chain Link Fence (6')
$ 12.00
$ -
L.F.

Remove Fence
$ 4.00
$ -
EA.

Relocate Power Pole
$ 10,000.00
$ -
3 EA.

Street Lights (including conduit)
$ 5,000.00
$ 15,000
EA.

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

Landscape and Irrigation
$ -
$ -
EA.

Concrete Bulkhead
$ 200.00
$ -
C.Y.

Structural Reinforced Concrete
$ 400.00
$ -
EA.

Slope Anchors for Pipes
$ 300.00
$
L.F.

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

A.C. Overside Drain
$ 500.00
$ -
EA.

Under Sidewalk Drain Std. 309
$ 2,000.00
$ -
EA.

Flat Outlet Drainage Structure Std. 303
$ 500.00
$ -
EA.

Curb Outlet Drainage Structure Std. 308
$ 500.00
$ -
S.F.

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

Interceptor Drains
$ 6.50
$ -
EA.
"STOP" Pavement Marking
$ 200.00
$ -
L.F.

Limit Line
$ 2.00
$ -
EA.

RI "STOP SIGN"
$ 250.00
$ -
EA.

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

Page 91 of 652 ends

3/13/2023

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:

PP2022-0458 - 84 Lumber Storaee Facility
DATE: 10 -Mar -23
STREET IMPROVEMENTS (Cont'd.)
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
C.Y.

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

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

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

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

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

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

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

Grouted Rip Rap (2 Ton) Method B
$ 80.00
$ -
L.F.
18" R.C.P.
$ 60.00
$ -
L.F.
24" R.C.P.
$ 70.00
$ -
L.F.
30" R.C.P.
$ 80.00
$ -
L.F.
36" R.C.P.
$ 90.00
$ -
L.F.
42" R.C.P.
$ 100.00
$ -
L.F.
48 " RCP
$ 110.00
$ -
L.F.
54" RCP
$ 135.00
$ -
L.F.
60" RCP
$ 160.00
$
L.F.
72" RCP
$ 200.00
$ -
EA.

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

Drain Basin
$ 400.00
$ -
EA.

Curb Outlet
$ 3,000.00
$ -
EA.

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

Riprap Headwall
$ 1,000.00
$ -
EA.

Concrete Collar
$ 250.00
$ -
EA.

Outlet Structure
$ 10,000.00
$ -
$ -
$ -
$ -

Page 92 of 652 ends

3/13/2023

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:

PP2022-0458 - 84 Lumer Storage Facility
DATE: 10 -Mar -23
STREET IMPROVEMENTS (Cont'd.)
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
L.F.
60" C.S.P.
$ 115.00
$ -
EA.

Catch Basin W = 4'
$ 1,700.00
$ -
EA.

Catch Basin W = 7'
$ 3,000.00
$ -
EA.

Catch Basin W = 10'
$ 4,000.00
$ -
EA.

Catch Basin W = 14'
$ 5,500.00
$ -
EA.

Catch Basin W = 21'
$ 9,000.00
$ -
EA.

Type IX Inlet
$ 2,500.00
$ -
EA.

Type X Inlet
$ 2,500.00
$ -
EA.

Junction Structure No. 1
$ 3,000.00
$ -
EA.

Junction Structure No. 2
$ 2,500.00
$ -
EA.

Junction Structure No. 6
$ 3,700.00
$ -
EA.

Transition Structure No. 1
$ 2,000.00
$ -
EA.

Transition Structure No. 3
$ 2,700.00
$ -
EA.

Manhole No. 1
$ 2,700.00
$ -
EA.

Manhole No. 2
$ 3,300.00
$ -
EA.

Manhole No. 3
$ 2,700.00
$ -
EA.

Manhole No. 4
$ 5,000.00
$ -
EA.

Adjust Water Valve (if no water plan)
$ 150.00
$ -
EA.

Adjust MH to grade (if no sewer plan)
$ 400.00
$ -
EA.

Headwall
$ 5,000.00
$ -
L.S.

Remove & Dispose of Interferring 30" Storm Drain
and 36" Riser
$ 500.00
$ -
EA.

Remove & Dispose of RCB Headwall & Wingwall
$ 10,000.00
$ -
L.F.

Concrete Bulkhead
$ 25.00
$ -
EA.

Outlet Structure (Line A & B)
$ 5,000.00
$ -
EA.

Remove Existing Headwall
$ 1,000.00
$ -
EA.

Local Depression per RCTD Std 311 Case B
$ 1,200.00
$ -
EA.

Local Depression per RCTD Std 311 Case C
$ 1,500.00
$ -
$ -
$ -
$ -

Page 93 of 652 ends

3/13/2023

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:

PP2022-0458 - 84 Lumber Storage Facility
DATE: 10 -Mar -23
STREET IMPROVEMENTS (Cont'd.)
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
EA.

Water Quality Structure
$ 2,500.00
$ -
LS
Concrete Inlet Apron
$ 11,000.00
$ -
LS
Emergency Spillway
$ 27,000.00
$ -
LS
84" Storm Drain Grate
$ 8,500.00
$ -
SF
3' Wide V -Gutter
$ 4.00
$ -
LS
Signal & Lighting
$ 100,000.00
$ -
1 EA.

Relocate Existing Fire Hydrant
1000
$ 1,000
$
$
$ -
Subtotal:

Subtotal
B. Contingency (15%)
1,000
$ 104,068
$ 15.610
C. Streets/Drainage Total (A + B) $ 119,679
*********************************************************************************************************

Page 94 of 652 ends

3/13/2023

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:

PP2022-0458 - 84 Lumber Storage Facility
DATE: 10 -Mar -23
STREET IMPROVEMENTS (Cont'd.)
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
EA.

Relocate Existing Fire Hydrant
1000
$ 1,000
$ -
$ -
$ -
Subtotal:

Subtotal
B. Contingency (15%)
1,000
$ 104,068
$ 15,610
C. Streets/Drainage Total (A + B) $ 119,679
*********************************************************************************************************

Page 95 of 652 ends

3/13/2023

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:

PP2022-0458 - 84 Lumber Storage Facility
DATE: 10 -Mar -23

SEWER IMPROVEMENTS
Show quantities on this sheet only if project has a sewer plan. If no water plan, then show applicable uantities as part of street improvements.

QTY.

UNIT
ITEM

UNIT COST
AMOUNT
L.F.
4" P.V.C. (45 Lots (Zi 25' Avg. Length & 5' for cleanout) $ 15.00
$ -
L.F.
4" P.V.C. Force Main & Fittings
$ 26.00
$ -
L.F.
8" V.C.P.
$ 30.00
$ -
L.F.
10" V.C.P.
$ 35.00
$ -
L.F.
12" V.C.P.
$ 40.00
$ -
L.F.
15" V.C.P.
$ 50.00
$ -
EA.

Standard or Terminus Manholes
$ 2,500.00
$ -
EA.

Drop Manholes
$ 4,000.00
$ -
EA.

Cleanouts
$ 500.00
$ -
EA.

Sewer Y's
$ 25.00
$ -
EA.

Chimneys
$ 400.00
$ -
EA.

Adjust M.H. to grade
$ 500.00
$ -
L.F.

Concrete Encasement
$ 35.00
$ -
EA.
4" P.V.C. Misc. Fittings
$ 120.00
$ -
L.F.

Sewer Pipe Sleeving
$ 36.00
$ -
L.S.

Sewer Lift Station
$ -
$ -
EA.

Backflow prevention device
$ 250.00
$ -
$ -
$ -
A.

Subtotal
B. Contingency (15% x A)
C. Sewer Total (A + B)
*********************************************************************************************************

Page 96 of 652 ends

3/13/2023

5/2/2023
5/2/2023
05/09/2023

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5/2/2023
5/2/2023
05/09/2023

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5/2/2023
5/2/2023
05/09/2023

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5/2/2023
5/2/2023
05/09/2023

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5/2/2023
5/2/2023
05/09/2023

Page 101 of 652 ends

Staff Report

TO: City Council
FROM: Carole Kendrick, Planning Manager
DATE October 3, 2023
SUBJECT: Second Reading of an Ordinance Establishing Objective Design Standards

Description Amendments to several sections within Chapter 17 of the Beaumont Municipal Code.

Background and Analysis:

In Fall 2021, the preparation of the administrative draft of objective design standards began during the period of the preparation of the 6 th Cycle Housing Element Update.

Due to anticipated changes to the Objective Design Standards in relation to the adoption of the 6th Cycle Housing Element, the process was paused until the certification of the Housing Element.

On December 12, 2022, the State of California, Department of Housing and Community Development adopted the City of Beaumont 6th Cycle Housing Element. The City’s 6th Cycle Housing Element Program 19 identifies that the Planning Department shall facilitate the adoption of Objective Design Standards for residential and mixed-use projects. The purpose of these standards is to expedite the approval process for such projects and support the City in meeting its housing goals.

The draft Objective Design Standards were developed utilizing the following sources:

 The City’s existing development and design standards;  Design guidance as expressed in the City’s various area plans (e.g., Fairway Canyon, Sundance, Heartland “Olivewood”;
 Images and observations of existing context/built environment;  The August 2022 Draft Western Riverside Council of Governments Objective Design Standards Toolkit; and
 Best practice recommendations.

The changes are proposed primarily in single family residential and mixed-use zones that include:

Page 102 of 652 ends

 Residential Single Family (RSF)
 Residential Traditional Neighborhood (RTN)
 Downtown Mixed-Use (DMU)
 Sixth Street Mixed-Use (SSMU)
 Sixth Street Mixed-Use Residential (SSMUR)

The recommended standards include façade articulation, compatibility with adjacent buildings, entries, materials, and parking design/access. The design standards will not alter basic development standards (e.g., density, setbacks, overall building height, lot coverage, parking ratios, etc.) or include standards for architectural style, window placement and design, privacy, roof design, building colors, or other standards not listed above.

The proposed Administrative Draft complies with requirements in applicable law, including SB 35 and SB 330.

On May 10, 2023, the Planning Commission conducted a work study to review the administrative hearing draft of the Objective Design Standards. The City Council also conducted a work study on May 16, 2023. The consultant has made modifications to the proposed Objective Design Standards based on the feedback that was provided at both work study meetings. The hearing draft, as shown in Attachment B, is the updated clean copy of the Objective Design Standards and a redlined version is provided as Attachment C to the staff report.

The Planning Commission conducted a public hearing to review the public hearing draft of the Objective Design Standards at their August 23, 2023, meeting. At the public hearing, the Planning Commissioners briefly discussed the item after the consultant’s presentation and by a vote of 3-0 forwarded a recommendation of approval to the City Council.

On September 5, 2023, the City Council opened the public hearing, received a brief staff report and continued the item, with no discussion, to the September 19, 2023, City Council meeting.

CEQA:

The City has analyzed this proposed project and has determined that it is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. The proposed ordinance ,

Page 103 of 652 ends

in itself, does not relate to any physical project and will not result in any physical change to the environment and does not affect the land use or density limitations of the General Plan. Therefore, it can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment, and therefore, the adoption of this Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.

Public Communications Received:

A combined Planning Commission and City Council 10 -day public notice was placed in the Press Enterprise on August 11, 2023. At the time of report preparation, the Planning Department has not received any letters of comment from the public in favor or opposition to the project. Any comments received prior to the time of the scheduled City Council meeting will be provided to the Council at the time of the public hearing. Proof of publication is included as Attachment D to this staff report.

Planning Commission Authority:

The Beaumont Municipal Code Section 17.02.080.E authorizes the Planning Commission to recommend to the City Council approval, approval with modifications, or denial of the proposed application. The Commission’s recommendation shall be transmitted to the City Clerk for scheduling the matter for consideration by the City Council.

City Council Authority:

The Beaumont Municipal Code Section 17.02.080.G states that upon receipt of a Planning Commission resolution recommendation for approval of a change of zone or zoning ordinance amendment, or denial of a zoning ordinance text amendment, the City Clerk shall set the matter for hearing before the City. At the hearing, the City Council shall review the Commission's recommendation and receive evidence as to how or why the proposed change of zone or zoning ordinance text amendment is consistent with the objectives of this Zoning Ordinance, the City of Beaumont General Plan, and development policies of the City. The City Council shall act to approve or deny the application by resolution.

At the September 19, 2023 City Council meeting, the Council by a vote of 4 -0 waived the first full reading and approved the proposed amendment.

Page 104 of 652 ends

Findings:

The Beaumont Municipal Code Section 17.02.080.I requires the City Council to make the following findings of fact before approving a change of zone or zoning ordinance text amendment:

1. That the proposed change of zone or zoning ordinance text amendment is consistent with the goals, policies, and objectives of the General Plan.

The proposed modification to the ordinance is consistent with the goals, policies, and objectives of the General Plan and the adopted 6th Cycle Housing Element.

The proposed amendment will further assist the City in meeting the goals established in the Housing Element.

2. That the proposed change of zone or zoning ordinance text amendment will not adversely affect surrounding properties.

The proposed zoning ordinance text amendment will not adversely affect surrounding properties as it will provide written standards that are accessible to the public and developers to expedite the development process.

3. That the proposed change of zone or zoning ordinance text amendment promotes public health, safety, and general welfare and serves the goals and purposes of this Zoning Ordinance.

The proposed zoning ordinance text amendment promotes public health, safety, and general welfare and serves the goals and purposes of the Zoning Ordinance and the 6th Cycle Housing Element.

Fiscal Impact:

The cost to prepare this staff report is approximately $200.00.

Recommended Action:

Waive the second full reading and approve by title only, “An Ordinance of the City Council of the City of Beaumont, California to Amend Chapter 17.03.060 ‘Residential, Single-Family Zone’, Chapter 17.06.065 ‘Residential, Traditional Neighborhood’, Chapter 17.09.040 ‘Downtown Mixed-Use Zone’, Chapter 17.19.060 ‘Sixth Street Mixed-Use Zone’, and Chapter 17.19.070 ‘Sixth Street Mixed -Use Residential Zone’ to establish Objective Design Standards in the Beaumont Municipal Code.”

Page 105 of 652 ends

Attachments:

A. Draft Ordinance
B. Final Draft - Objective Design Standards
C. Proof of Publication

Page 106 of 652 ends

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BEAUMONT, CALIFORNIA,
TO AMEND CHAPTER 17.03.060 “RESIDENTIAL, SINGLE-FAMILY ZONE”, CHAPTER 17.06.065 “RESIDENTIAL, TRADITIONAL NEIGHBORHOOD”, CHAPTER 17.09.040 “DOWNTOWN MIXED USE ZONE”, CHAPTER 17.19.060 “SIXTH STREET MIXED USE ZONE”, AND CHAPTER 17.19.070 “SIXTH STREET MIXED USE RESIDENTIAL ZONE” TO ESTABLISH OBJECTIVE DESIGN STANDARDS IN THE BEAUMONT MUNICIPAL CODE.

WHEREAS, the City Council desires to establish Objective Design Standards for residential projects in order to promote public health, safety and welfare while providing for orderly residential development; and
WHEREAS, the City has proposed to amend Chapter 17.03.060 “Residential, Single- Family Zone”, Chapter 17.06.065 “Residential, Traditional Neighborhood”, Chapter 17.09.040 “Downtown Mixed Use Zone”, Chapter 17.19.060 “Sixth Street Mixed Use Zone”, and Chapter

17.19.070 “Sixth Street Mixed Use Residential Zone” to establish Objective Design Standards in the Beaumont Municipal Code; and
WHEREAS, duly noticed public hearings were conducted on this matter as required by law by the Planning Commission on August 23, 2023; and
WHEREAS, the Planning Commission recommends that the City Council approve the proposed amendments to the Municipal Code Chapters; and WHEREAS, following the Planning Commission’s recommendation, the City Council has approved the amendment to Chapter 17.03.060 “Residential, Single-Family Zone”, Chapter

17.06.065 “Residential, Traditional Neighborhood”, Chapter 17.09.040 “Downtown Mixed Use Zone”, Chapter 17.19.060 “Sixth Street Mixed Use Zone”, and Chapter 17.19.070 “Sixth Street Mixed Use Residential Zone” to establish Objective Design Standards in the Beaumont Municipal Code; and
WHEREAS, duly noticed public hearing was opened, a brief staff report was present and the item continued without discussion to City Council on September 19, 2023; and WHEREAS, duly noticed public hearings were conducted on this matter as required by law by the City Council on September 19, 2023; and
WHEREAS, the City Council of the City of Beaumont has reviewed the reasons for the recommendation of approval by the Planning Commission as described above;

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

Page 107 of 652 ends

SECTION 1: The City Council hereby finds that the amendment to Chapter 17.03.060 “Residential, Single-Family Zone”, Chapter 17.06.065 “Residential, Traditional Neighborhood”, Chapter 17.09.040 “Downtown Mixed Use Zone”, Chapter 17.19.060 “Sixth Street Mixed Use Zone”, and Chapter 17.19.070 “Sixth Street Mixed Use Residential Zone” to establish Objective Design Standards in the Beaumont Municipal Code, is consistent with the adopted policies in the Beaumont Municipal Code and the General Plan of the City of Beaumont.

SECTION 2: The amendment of Chapter 17.03.060 “Residential, Single-Family Zone”, Chapter

SECTION 3: The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant to 15061(b)(3), CEQA review is not required because there is no possibility that this Ordinance may have a significant effect upon the environment and the proposed amendments constitute a minor alteration in a land use limitation under CEQA Guidelines Section 15305, and such a land use limitation is a permissible exercise of the City's zoning powers..

SECTION 4: This Ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage the City Clerk shall cause a summary to be published in a newspaper of general circulation, printed and published in the City of Beaumont, in a manner prescribed by law for publishing of ordinances of said City.

MOVED AND PASSED upon first reading this 19th day of September, 2023, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MOVED, PASSED AND ADOPTED this 3rd day of October, 2023, upon second reading by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Julio Martinez, Mayor

Page 108 of 652 ends

Attest: ______________________
Nicole Wheelwright, Deputy City Clerk

Approved as to form:
_______________________
John O. Pinkney, City Attorney

Page 109 of 652 ends

Nonconforming & ODS (5209298) - Page 1 of 1
The Press-Enterprise
3512 14 Street
Riverside, California 92501
(951) 368-9229
City of Beaumont
550 E. 6th Street
Beaumont, California 92223
Publication: The Press-Enterprise

PROOF OF PUBLICATION OF
Ad Desc: 0011617909
FILE NO. 0011617909

PROOF OF PUBLICATION
I am a citizen of the United States. I
am over the age of eighteen years and
not party to or interested in the above-
entitled matter. I am an authorized
representative of THE PRESS-
ENTERPRISE, a newspaper of general
circulation, printed and published daily
in the County of Riverside, and which
newspaper has been adjudicated a
newspaper of general circulation by the
Superior Court of the County of
Riverside, State of California, under
date of April 25, 1952, Case Number
54446, under date of March 29, 1957,
Case Number 65673, under date of
August 25, 1995, Case Number
267864, and under date of September
16, 2013, Case Number RIC 1309013;
that the notice, of which the annexed is
a printed copy, has been published in
said newspaper in accordance with the
instructions of the person(s) requesting
publication, and not in any supplement
thereof on the following dates, to wit:
08/11/2023
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.

Date: August 11, 2023.

At: Riverside, California
______________________________
Signature

Page 110 of 652 ends

Staff Report

TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE October 3, 2023
SUBJECT: Public Hearing and Request to Amend Beaumont Municipal Code Chapter

17.07 Signs and Chapter 8.50 Outdoor Lighting

Description Modification to Beaumont Municipal Code Chapter 17.07 Signs for compliance with recent case law pertaining to non -commercial signage and other proposed changes. Modification to Chapter 8.50 Outdoor Lighting for consistency with the Sign Code.

Background and Analysis:

This item was advertised concurrently for Planning Commission on September 27, 2023, and City Council, with a hearing date before the City Council of October 3, 2023. Staff is requesting City Council continue the proposed code amendments to Chapter 17 of the Beaumont Municipal Code amending signs and outdoor lighting, to the October 17, 2023, due to the Planning Commission meeting on September 27, 2023, not having a quorum to act the proposal. The proposed project has been continued to the October 11, 2023, Planning Commission date and staff is requesting that the City Council continue this item to the October 17, 2023, City Council meeting.

City Council has held a number of discussions regarding proposed changes to the Sign Code. At these meetings, City Council directed staff to research and make specific changes to the Municipal Code Chapter 17.07 Signs and Chapter 8.50 Outdoor Lighting.

Previous City Council Action:

On July 20, 2021, based on the directives of the Supreme Co urt, City Staff provided to City Council background on the U.S. Supreme Court holding in Reed v. Town of Gilbert and its impact on sign ordinances. In coordination with the City Attorney, City Staff drafted proposed changes to Municipal Code Section 17.07 Signs to amend the regulations to comply with the U.S. Supreme Court case.

Page 111 of 652 ends

At that meeting, City Council provided further direction to City staff to make edits on proposed changes to Section 17.07 and bring it back for review. Specifically, Council recommended changes to the non-commercial signs in the right-of-way.

On April 4, 2023, City Council discussed the proposed changes to non-commercial signs within the municipal code and provided direction to staff. The changes included clarifying existing regulations and practices, removing unnecessary definitions or types of signs, and expanding the definition section of the document to assist with code interpretations.

On July 18, 2023, additional discussion was held and direction provided to staff related to several sections of the sign code including non-commercial signs, electronic signs and commercial signage. Also included in the direction to staff were proposed amendments to the outdoor lighting section of the code to be reflective of and consistent with the proposed changes in the sign code.

On September 5, 2023, staff presented the proposed changes, incorporating the direction received from Council for both signage and outdoor lighting. The redline and clean version of each section are included at Attachment C and Attachment D to this report.

The proposed amendments to non-commercial signage are necessary for compliance based on Supreme Court case law. Other proposed changes include updating the objectives and definitions, streamlining the sections on manufacturing and commercial standards, and updating the section on sign programs and language related to electronic billboards.

Fiscal Impact:

The cost to prepare this staff report is approximately $250.

Recommended Action:

Continue the public hearing and request to amend Beaumont Municipal Code Chapter

17.07 Signs and Chapter 8.50 Outdoor Lighting to October 17, 2023.

Attachments:

A. Sign Code Ordinance
B. Outdoor Lighting Ordinance
C. Sign Code Redline

Page 112 of 652 ends

D. Outdoor Lighting Code Redline
E. Sign Code Clean
F. Non-Commercial Signs Map
G. Public Notice

Page 113 of 652 ends

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BEAUMONT, CALIFORNIA,
AMENDING CHAPTER 8.50 “OUTDOOR LIGHTING”, OF THE BEAUMONT MUNICIPAL CODE.

WHEREAS, the City Council desires to amend the Signs section of the Beaumont Municipal Code to clarify language and comply with current case law; and WHEREAS, the City has proposed to amend Chapter 17.07 “Signs” to establish consistent standards for noncommercial signage and electronic signs in the Beaumont Municipal Code; and
WHEREAS, duly noticed public hearing was conducted on this matter as required by law by the Planning Commission on September 27, 2023; and WHEREAS, the Planning Commission recommends that the City Council approve the proposed amendments to the Municipal Code Chapters; and WHEREAS, following the Planning Commission’s recommendation, the City Council has approved the amendment to Chapter 17.07 “Signs” to establish consistent standards for noncommercial signage and electronic signs in the Beaumont Municipal Code; and WHEREAS, duly noticed public hearing was conducted on this matter as required by law by the City Council on October 3, 2023; and
WHEREAS, the City Council of the City of Beaumont has reviewed the reasons for the recommendation of approval by the Planning Commission as described above;

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

SECTION 1: The City Council hereby finds that the amendment to Chapter 17.07 “Signs” to establish consistent standards signs in the Beaumont Municipal Code, is consistent with the adopted policies in the Beaumont Municipal Code and the General Plan of the City of Beaumont.

SECTION 2: The amendment of Chapter 17.07 “Signs”, attached hereto as Exhibit "A", is hereby approved.

Page 114 of 652 ends

MOVED AND PASSED upon first reading this 3rd day of October, 2023, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MOVED, PASSED AND ADOPTED this 17th day of October, 2023, upon second reading by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Julio Martinez, Mayor

Attest: ______________________
Nicole Wheelwright, Deputy City Clerk

Approved as to form:
_______________________
John O. Pinkney, City Attorney

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BEAUMONT, CALIFORNIA,
AMENDING CHAPTER 8.50 “OUTDOOR LIGHTING”, OF THE BEAUMONT MUNICIPAL CODE.

WHEREAS, the City Council desires to amend the outdoor lighting section of the Beaumont Municipal Code to clarify language and provide consistency with other sections of the municipal code; and
WHEREAS, the City has proposed to amend Chapter 8.50 “Outdoor Lighting” to establish consistent standards for electronic signage lighting in the Beaumont Municipal Code; and
WHEREAS, duly noticed public hearing was conducted on this matter as required by law by the Planning Commission on September 27, 2023; and WHEREAS, the Planning Commission recommends that the City Council approve the proposed amendments to the Municipal Code Chapters; and WHEREAS, following the Planning Commission’s recommendation, the City Council has approved the amendment to Chapter 8.50 “Outdoor Lighting” to establish consistent standards for electronic signage lighting in the Beaumont Municipal Code; and WHEREAS, duly noticed public hearing was conducted on this matter as required by law by the City Council on October 3, 2023; and
WHEREAS, the City Council of the City of Beaumont has reviewed the reasons for the recommendation of approval by the Planning Commission as described above;

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

SECTION 1: The City Council hereby finds that the amendment to Chapter 8.50 “Outdoor Lighting” to establish consistent standards for electronic signage lighting in the Beaumont Municipal Code, is consistent with the adopted policies in the Beaumont Municipal Code and the General Plan of the City of Beaumont.

SECTION 2: The amendment of Chapter 8.50 “Outdoor Lighting”, attached hereto as Exhibit "A", is hereby approved.

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MOVED AND PASSED upon first reading this 3rd day of October, 2023, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MOVED, PASSED AND ADOPTED this 17th day of October, 2023, upon second reading by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Julio Martinez, Mayor

Attest: ______________________
Nicole Wheelwright, Deputy City Clerk

Approved as to form:
_______________________
John O. Pinkney, City Attorney

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1 Chapter 17.07 - SIGNS

17.07.010 - Purpose, needs, and goal interest served.

It is the purpose of this Chapter to make the City attractive to residents, visitors and commercial, industrial and professional businesses while maintaining economic stability and vitality through an attractive signing program.

A. Recognition of Needs; Goals. The City recognizes the need for signs as a means to identify businesses and other necessary and beneficial activities within the community. The City finds that signage is an important design element of the physical environment. Provisions consistent with the goals and objectives of the community are necessary to ensure that the special character and image that the community is striving for can be attained while serving business and other needs in the community. The City is striving to provide an economically stable and visually attractive community through high quality site planning, building designs, landscaping and signage. As a planned architectural feature, a sign can be pleasing and can harmonize with the physical character of its environment. Proper controls can achieve this goal and will make the City a more attractive place to live, work and shop.

B. Interests Served. The City enacts this Chapter to serve many important governmental, City and community interests, which include but are not limited to: community aesthetics and the promotion of the visual appeal of the City, promotion of economic activity, and the promotion of safety for motorists and pedestrians.

C. Authority. The City enacts this Chapter pursuant to the authority granted by the State Legislature and codified as Government Code section 65850, and federal laws, including such provisions requiring the display of specified signs or information.

17.07.020 - Objectives.

The objectives of this section chapter are:

1. To allow for signage which is effective to direct persons to various activities and enterprises, in order to provide for public convenience;

1. 2. To provide a reasonable system of controls for signs, to ensure the development of a high quality visual and functional environment;

2. 3. To encourage signs which are well designed and pleasing in appearance;

4. To encourage a desirable urban character which has a minimum of overhead clutter;

5. To enhance the economic value of the community and each area thereof by reasonably limiting the size, number, location, design and illumination of signs;

6. To encourage signs which are compatible with on-site and adjacent land uses;

7. To help facilitate the establishment of identifiable special areas and enclaves in the community and to enhance important historic elements in such areas;

3. 8. To preclude potential traffic and safety hazards through good signing;

9. To protect the general public health, safety and welfare of the community;

4. 10. To regulate signs in a manner consistent with the General Plan; and,

5. 11. To regulate signs in a manner consistent with the free speech rights guaranteed by the First Amendment to the United States Constitution and the liberty of speech and related provisions of the California Constitution.; and ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)

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6. Recognize that commercial and residential areas within the City have different regulatory needs due to their inherent characteristics and may require different sign regulations based on the respective land uses, and that aesthetic impacts based on sign size, illumination, and placement may create a greater public nuisance in residential neighborhood areas than in commercial areas.

17.07.030 - Basic policies.

The policies stated in this section apply to all signs within the regulatory scope of this Chapter, and to all provisions of this Chapter, notwithstanding any more specific provisions to the contrary.

A. A. Enforcement Authority. The Community Development Director is authorized and directed to enforce the provisions of this Chapter. The Director may designate one or more representatives of the department to implement the provisions of this Chapter.

B. B. Permits When Required. No sign may be constructed, mounted, or displayed in the City unless the same is duly permitted pursuant to this Chapter, or is exempt from permitting, either pursuant to this Chapter or by other applicable law. In addition to the requirements of this Chapter, all signs constructed, mounted or displayed within the City must also satisfy all applicable safety codes (building, electrical, plumbing, grading, etc.) and all applicable requirements of other bodies of law.

C. C. Message Neutrality. It is the City's policy to regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs. Notwithstanding the remaining sections in this Chapter, this Chapter shall in all instances be administered and enforced to be consistent with the law established by the Supreme Court in Reed v. Town of Gilbert (2015) 576 U.S. 155. The Director is authorized to grant administrative variances as necessary to ensure that this chapter is administered in a manner consistent with Reed v. Town of Gilbert. Furthermore, no enforcement of this Chapter shall occur without the Director’s review and approval that such enforcement would not be impermissibly content based and would be consistent with federal and state constitutions and laws.

D. D. Message Substitution Policy. Subject to the landowner's consent, any noncommercial message may be substituted, in whole or in part, for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or any favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel; it does not allow the substitution of an offsite commercial message in place of an onsite commercial message, and it does not affect the requirement that a sign structure or mounting device be properly permitted and maintained.

E. E. Regulatory Interpretations. All regulatory interpretations of this Chapter are to be exercised in light of the City's message neutrality policy and message substitution policy.

Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a "structure" as defined in the California Building Code, then the Director shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this Chapter.

F. F. Rules for Non-Communicative Aspects of Signs. All rules and regulations concerning the non-communicative aspects of signs, such as location, size, height,

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illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process.

G. G. Billboard Policy.

1. Prohibition: The City Council finds that the City already has a sufficient number of billboardsBillboards to satisfy the community's needs for offsite commercial messages, and that any new or additional billboardsBillboards, which by their very nature cause serious esthetic harm, would negatively impact the appearance of the City. For these reasons, the City completely prohibits the construction, erection or use of any billboardsBillboards, other than those which legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision is first adopted. This prohibition shall also apply to alterations, enlargements or conversions to digital displays (including changeable image displays that use light emitting diodes or functionally equivalent technologies) of legally existing billboards. The City adopts this policy pursuant to California Government Code section 65850, and California Business and Professions Code sections 5354(a) and 5408.3 (both effective January 1, 2003). No permit shall be issued for any billboard which violates this policy, and the City will take immediate abatement action against any billboard constructed, maintained, altered, enlarged or converted in violation of this policy. The City Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this Chapter. The City Council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this Chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable. This provision does not prohibit agreements to relocate presently existing, legal billboards, as encouraged by California Business and Professions Code section 5412., except for the relocation of existing Billboards pursuant to this section

2. H. Relocated Billboards: Notwithstanding any other provision of this chapter, upon entry into a relocation agreement with the City in accordance with California Business and Professions Code Section 5412, the owner of an existing Billboard within the City may convert a static copy Billboard to an electronic Billboard, subject to approval of a permit application pursuant to Section 17.07.060 and subject to the requirements of Chapter 8.50 (Outdoor Lighting) of the Beaumont Municipal Code. Such agreements may be approved by resolution of the City Council upon terms that are agreeable to the City, pursuant to administrative guidelines, as adopted by a City Council resolution. The execution of a relocation agreement shall not operate to change the status of any Billboard as a nonconforming use for the purpose of this code.

H. Mixed or Multiple Use Zones. In any zone where both residential and non-residential uses are allowed, whether such zones are now existing or created in the future, the signage rights and responsibilities applicable to any particular use shall be determined as follows:
residential uses shall be treated as if they were located in the residential usezone where that type of use would be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process.

I. I. Owner's Consent. No sign may be displayed without the consent of the legal owner of the property on which the sign is constructed, mounted or displayed. For purposes of this policy, "owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property.

J. J. Legal Nature of Signage Rights and Duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this Chapter attach

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to and travelrun with the land or other property on which a sign is mounted or displayed.

This provision does not modify or affect the law of fixtures, sign-related provisions in private leases regarding signs (so long as they are not in conflict with this Chapter unless stricter than this Chapter), or the ownership of sign structures.

K. K. Preservation of Existing Rights and Duties. This Chapter does not abrogate or supersede any easements, covenants, or other existing agreements that are more restrictive than the provisions of this Chapter.

L. L. Sign Programs. Sign programs for specific developments, as well as special sign districts or special sign overlay zones, or in specific plans of land uses, when approved as required by applicable law, may modify the rules stated herein as to sign size, height, illumination, spacing, orientation or other non-communicative aspects of signs, but may not override or modify any of these basic policies. unless stricter than these basic policies. All the provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted.

M. M. Severance. If any section, sentence, clause, phrase, word, portion or provision of this Chapter is held invalid or, unconstitutional, or unenforceable, by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this Chapter which can be given effect without the invalid portion. In adopting this Chapter, the City Council affirmatively declares that it would have approved and adopted thethis Chapter even without any portion, which may be held invalid or unenforceable.
( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)

17.07.040 - Categorization of signs.

For purposes of this Chapter, signs within the City shall be classified in one or more of the following categories:

A. A. Animated Sign. A sign designed to attract attention through movement or the semblance of movement of the whole or any part including, but not limited to, signs which swing, twirl, move back and forth or up and down; or signs which change color or shades of color or any other method or device which suggests movement.

B. Announcement or Bulletin Board Sign. Signs, permanent in character, designed and constructed to accept changeable copy, handbills, posters and other temporary materials of a similar nature.

C. Awning Sign. A sign painted or printed on the exterior surface of and awning. An alternative to a wall sign, permitted as same.

B. D. Banner.Banner Sign. A fabric or fabric-like material on which an advertising message is painted or otherwise affixed.

C. E. Billboard. Sign or Billboard. A permanent sign structure sign used for the display of offsite commercial messages. , other than a directional sign, which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is located, or to which it is affixed. Commercial copy on any Billboard Sign may be replaced with noncommercial copy.

F. Construction Sign. A sign mounted on the site of a construction or remodeling project, for which a building permit is required and has been issued, displayed during the time period beginning with the issuance of the building permit and ending with the earliest of any of the

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following: expiration of the building permit, issuance of a certificate of occupancy, certificate of completion, final inspection, or the functional equivalent of any of them.

D. G. Commercial Sign. A sign displayed for the purpose of identifying a commercial message, or advertising a service, product, business or venture that is offered for trade or sale which can be located onsite or offsite.

E. Directional Sign, on-site. A sign that provides directional giving directions, instructions, or facility information for drivers, pedestrians, and travelers. and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs).

F. H. Electronic Message Center Sign. A sign with the capability of presenting variable advertising message displays by projecting an electronically controlled light pattern against a contrasting background and which can be programmed to change the message display periodically. An electronic message center is neither an animated sign nor a simulated motion sign.

G. I. Flag Sign. A device, generally made of fabric or flexible materials, (usually cloth, paper or plastic), which displays visual colors, images, or symbols, typically those of governments, religions, causes, or organizations.,, or specific business activities.

H. J. Flashing SignsSign. Lighted signs which disappear and reappear at periodic intervals, or are intermittently on and off, and which are placed so as to attract vehicular traffic with emphasis on the recurrence of lights. This definition includes beacons, searchlights, and klieg lights only when they are used for commercial purposesmessages.

I. K. Freestanding Sign. A permanent sign anchored directly to the ground or supported by one or more posts, columns, or other vertical structures or supports, and not attached to or dependent for support from any building.

J. Identification Sign. A sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.

K. Identification Sign (Residential). A freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.

L. Illuminated Sign. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

M. Monument Sign. A sign with an overall height of six (6) feet or less, standing directly on the ground or on a base where the supporting poles or structures, if any, are covered from public view.

L. Nameplate. Signs identifying the occupant of the premises, the business and/or address.

N. M. Noncommercial Sign. A sign that is displayed for the purpose of identifying a noncommercial message. The sign does not do any of the following: (1) advertise a product, business or service for profit and/or a business purpose; or (2) relate solely to economic interests. Noncommercial signs are not considered either off-site or on-site signs.

O. Off-site signSign. A sign which advertises or informsrelated in any manner businesses, services, goods, persons or events atits subject matter to some locationpremises or lot other than that uponthe premises or lot on which the sign is located. The onsite/offsite distinction applies only to commercial messages.

N. Painted sign. A sign painted or mounted on the exterior surface of a building or structure.

P. O. On-site Sign. A sign related in its subject matter to the premises on which it is located, or to products, accommodations, services, or other activities on the premises.

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Q. Pennant. A display device, usually triangular in shape and made of flexible materials, such as cloth, paper or plastic, used primarily to attract attention of passersby.

R. P. Permanent Sign. A stationary sign permanently attached to the ground or to a structure.

S. Pole or Pylon Sign. A sign with an overall height exceeding six (6) feet and supported by one or more poles or pylons attached directly into or upon the ground.

T. Q. Portable Sign. A temporary sign designed and constructed so as to be easily moved. Such signs are usually not secured to a building or anchored to the ground.

Common types include "A" frame signs, sandwich board signs, and sidewalk signs.

U. R. Poster Sign. Any sign attached to the ground in a manner approved by the building official, which may be visible from adjacent streets or highways.

S. Projecting Sign. A sign which is suspended from or supported by a building or wall and which projects outward from such building or wall a distance of 12 inches or more. Contrast: wall sign.

T. Real Estate Sign. A sign which displays information regarding an economic exchange of which land or improvements thereon is the subject. Such signs are usually temporary in physical structure and display messages such as "for sale," "for rent," etc. A sign which announces vacancies at hotels, motels, and other places of short-term accommodation are not within this definition.

V. U. Real Estate Sign. A temporary sign advertising that a property or structure is for sale, lease, rent or exchange. The advertising contained on a real estate sign shall be limited to the following information: (1) that the property is for sale, lease, rent or exchange by the owner or his or her agent; (2) the property is in escrow or there is an "open house"; (3) directions to the property; and (4) the owner's or agent's name, address and telephone number.

W. Revolving Sign. A sign or a portion thereof, which rotates or revolves.

X. V. Roof Sign. A sign supported by or attached to or projecting through the roof of a building or structure, or projecting above the eave line or parapet wall of the building or structure.

W. Temporary Sign. A sign which, by virtue of its lightweight or flimsy construction, is not suitable for long term display. Common temporary signs include banners, pennant valances, streamers, advertising balloon, inflated or air activated advertising devices, search lights, beacons, moving stuffed animals, or advertising displays constructed of cloth, canvas, light fabric, plastic, paper, cardboard, wallboard, wood or other light or similar materials used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing, vehicle or other object.

Y. X. Temporary Sign. A sign structure or device used for the display of messages or images, which is easily installed and removed and which is not intended or suitable for long-term or permanent display due the sign construction, materials, placement, or installation. Temporary signs shall include noncommercial signs, real estate signs, yard or garage sale signs, construction signs, on-site temporary window signs displaying a commercial message, future tenant identification signs, commercial flags and banners for real estate sales and leasing, commercial flags on commercial, industrial, or agricultural properties, signs supported by and affixed to the ground by a wire frame or special event signs. Any sign not covered by this definition is a permanent sign and must comply with the applicable permanent sign regulations.

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Z. Under Canopy Sign. A sign attached to the underside of a projecting canopy perpendicular to the building frontage, commonly used for identifying the land use at that location.

Y. Vehicle Signs. Signs on or affixed to trucks, vans, automobiles, trailers, or other vehicles which advertise or provide direction to a use or activity not related to its lawful making of deliveries or sales of merchandise or rendering of service from such vehicles.

AA. Z. Wall Sign. A sign which is in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane approximately parallel to the plane of the wall.

BB. AA. Window Sign. A temporary sign painted, attached, glued or otherwise affixed to a window, which is easily visible from the exterior of the building. ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)

17.07.050 - Definitions.

For purposes of this Chapter, the following words and phrases have the meanings stated in this section.

A. A. Administrator. Same as Director.

B. Advertising Structure. A structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any poster bill, printing, painting or other advertisement of any kind whatsoever may be placed for advertising purposes.

B. C. Advertise. Describe or draw attention to a product, service, or event in a public medium in order to promote sales or attendance.

C. Area of Sign. The area of a sign shall includebe calculated by multiplying the entire area within a series of rectangles (maximum four per visual plane) whose outermost borders are definedwidth by the outermost extent of any writing, representation, emblem, figure, character or separate length of the sign surface. When letters comprising a sign message are placed on a background or field which is different in color or materials from the architectural features of the building on which the sign is mounted, the sign area shall be calculated as the entire area comprising the overall sign feature.face. In the case of a two-sided sign, the area shall be computed as including only the maximumlargest single display surface which is visible from any ground position at one time. The supports or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the sign.sign face. In the case of any cylindrical or spherical sign, the total area shall be computed on the total area of the surface of the sign.

D. Awning. Either a fabric covered appendage, or a temporary collapsible shelter of noncombustible materials supported entirely from the exterior wall of a building and used to create shade. Such a device is considered a sign only when it is also used to display an image or message.

E. Canopy. A fixed overhead shelter used as a roof, which may or may not be attached to a building. Such a device is also a sign only when it is also used to display an image or message.

F. Changeable Copy. Sign display copy, which may be changed without altering the physical structure or mounting device of the sign itself.

D. G. Commercial Complex. Any group of three or more commercial uses on a parcel or combination of contiguous parcels which are generally served either by common access

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or common parking, or a large single commercial use occupying at least two and one-half acres with a minimum of 200 feet of street frontage.

E. H. Commercial message. A message displayed on a sign that primarily concerns business, commercial or economic interests, or which proposes an economic transaction.

Commercial messages may be onsite or offsite; however, the onsite/offsite distinction applies only to commercial messages.

F. Copy. I. Graphic content of a sign surface designed to allow the changing of copy through manual, mechanical, or electrical means.

G. Development. A building or buildings wherein two or more separate independently owned or operated establishments are located.

H. J. Director. The City's Community Development Director.

I. K. Establishment. Any non-residential use of land involving permanent structures or buildings.

J. L. Face of Building. The wall of a building, excluding any appurtenances, such as projecting fins, columns, pilasters, canopies, marquees, showcases of decorations, but including any required parapet wall.

K. M. Frontage. The length of a lot along a street or other principal public thoroughfare, but not including such length along an alley, railroad or freeway.

L. N. Frontage of the Parcel. On a lot with more than one frontage on a public street, the front footage of the parcel shall be determined by the measurement of the larger or largest frontage on a public street.

M. O. Height of a sign. The distance from the average ground level immediately surrounding the base of the sign to the top of its highest element, including any structural or architectural element. Landscape mounding shall not be used to artificially alter the height of a sign.

P. Hospital or Medical Center Complex. Any group of medical or hospital buildings under single ownership on a parcel or combination of parcels that contain a minimum of 20 acres or more.

N. Q. Industrial Complex. Any group of three or more industrial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or single industrial use occupying at least 100,000 square feet of floor area.

O. R. Landscaped Planter. An area specifically designated for plant materials that may be at, below or above grade.

P. S. Line of Sight. The point of visibility from the street to an object, e.g., sign. The longer the line of sight, the further the sign is visible from the street.

T. Luminous sign. A sign that emits light.

U. Mansard Roof. A sloped, decorative roof element attached to the face of a building wall.

Q. V. Noncommercial message. A message or image displayed on a sign which concerns matters not included within the definition of commercial message.

Noncommercial messages typically consist of expressions on the topics of politics, religion, philosophy, morals, and public controversies. The onsite/offsite distinction applies only to commercial messages.

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W. Off-site or off-premises sign. A sign whose message does not pertain or relate to the premises upon which the sign structure is mounted or constructed. The onsite/offsite distinction applies only to commercial messages.

X. On-site or on-premise. As pertaining to signs, a message which concerns or relates to the same premises as that upon which the sign is mounted or displayed. The onsite/offsite distinction applies only to commercial messages.

R. Y. Office Complex. Any group of three or more office uses on a parcel or combination of parcels that are generally served either by common access or common parking.

S. Z. Primary Street Frontage. The street frontage from which the majority of the pedestrian or vehicular traffic is drawn or toward which the building or buildings are oriented for primary visual impact. Each commercial complex or shopping center shall be allowed to designate only one primary street frontage. subject to approval of the Planning Department. Where no single street frontage can be identified as the primary street frontage, or in cases of dispute as to which street frontage is the primary street frontage, the Planning Director shall designate the primary street frontage in conjunction with the review of proposed signs.

T. AA. Relocated Billboard. An existing Billboard that is located in the City that is relocated through a City Council approved relocation agreement, including the replacement of a static Billboard face with an electronic message center. The relocated Billboard is not considered a new Billboard.

U. Secondary Street Frontage. A street frontage other than a primary street frontage.

V. BB. Shopping Center. Same as commercial complex.

W. CC. Sign. Any device, fixture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is to be viewed from any public street, road, highway, right-of-way or parking area. However, the following are not within the definition of "sign" for regulatory purposes of this Chapter:
a. a. Interior signs: Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, provided the building or enclosed structure is otherwise legal;
b. b. Architectural features: Decorative or architectural features of buildings (not including lettering, trademarks or moving parts);
c. c. Symbols embedded in architecture: Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal;
d. d. Personal appearance: Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, costumes (but not including commercial mascots);
e. e. Manufacturers' marks: Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale;

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f. f. Fireworks, etc.: the legal use of fireworks, candles and artificial lighting not otherwise regulated by this Chapter;
g. g. Mass transit signage: Advertisements or banners mounted on trains or duly licensed mass transit vehicles that legally pass through the City; h. h. Certain insignia on vehicles and vessels: On street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, commercial and noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel;
i. i. Gravestones or grave markers. ; and
j. j. NewsracksNews racks and newsstands.

X. DD. Sign Structure. The supports, uprights, bracings, guy rods, cables and other structural framework of a sign or outdoor display.

Y. EE. Uniform Sign Program. A detailed set of plans, specification and other information for signs in a commercial, industrial or office complex, a group of three or more businesses on a parcel or project site or for commercial recreation uses accompanied by drawings to scale as set forth in Section 17.07.060 C.

Z. Window Area. The total area of a window upon which signs, images or messages may be mounted. A group of windowpaneswindow panes or panels can be considered one window if they are adjoining on the building face and are less than six inches apart. ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)

17.07.060 - Administration, permits, and appeals.

A. A. Sign Permit Required. A sign permit shall be required prior to the placing, erecting, moving or reconstructing of any sign in the City, unless the subject sign is expressly exempted from the permit requirement by this Chapter or other applicable law. Signs requiring a permit shall comply with the provisions of this Chapter and all other applicable laws and ordinances.

B. B. Permit—Method of Application. An application for a sign permit shall be made on forms as prescribed by the Director. Such an application shall be filed with the Planning Department. The application shall be accompanied by any fees or bonds as specified by City Council resolution.

C. C. Permit Application—Contents. A sign permit application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. Three copies of the plans, fully dimensioned, shall be filed with the application, including:

1. 1. Plot plan, fully dimensioned, showing location of all buildings and improvements and the location of each proposed sign together with the location, size and height of all existing signs on the premises/site. The street frontage shall be clearly indicated on the plan.

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2. 2. Elevation plan, fully dimensioned, showing height and size of each proposed sign, colors, method of illumination and materials of construction, and if a wall sign, the exact location on the face of the building.

3. 3. Structural and electrical plans, details and circulationscalculations prepared and signed by an engineer or architect registered in the State. Such details shall be required when the area of the sign exceeds five (5) square feet and the height of the sign exceeds six (6) feet.

4. 4. A statement by the owner of the proposed sign as to whether the sign is to display commercial or noncommercial messages, or both, and whether the display face will be permanent, changeable, or a permanent structure with changeable elements. If the proposed sign is to be used to display commercial messages, then the applicant shall also state whether the message is to be onsite or offsite.

D. D. Purpose and Method of Review. The purpose of a permit is to ensure compliance with the provisions of this Chapter. After receipt of a complete sign application, the Director shall render a decision to approve, approve with modifications or conditions, or deny the sign request within 1530 working days. Unless the applicant waives time, failure of the Director to issue a written decision within 1530 working days shall constitute denial of the application. Such a review shall ensure that any sign proposal is in conformance with this Chapter and is consistent with its intent and purpose. In the event that the application is approved with modifications or conditions, those requirements shall not be based upon the proposed message content, sign copy, or design of the visual display of the sign.

E. E. Appeals. All sign permit applications shall be initially reviewed by the Director.

When the Director issues a decision on a sign permit application, or when the time for doing so has expired without a written decision, then the applicant or any concerned person may appeal first to the Planning Commission and then to the City Council. Appeal is effected by filing a written notice thereof with the City Clerk, and paying the applicable appeal fee as set by Resolution of the City Council. In each case, written notice of appeal must be filed with the City Clerk within ten days of when the decision was delivered or sent to applicant and all known concerned persons, or the last day on which a decision should have been timely rendered. In each case, the appellate body must conduct a hearing and consider evidence, and render a written decision within 30 days. In the cases of appeal to the Planning Commission and the City Council, the hearing must follow normal procedures for agendizingagenizing and giving public notice. Unless time is waived by the applicant, any permit or approval on which the City does not render a definite decision within the required time shall be deemed denied, and the time for appeal or filing judicial review shall commence on the last date on which the City could have issued a decision.

F. F. Judicial Review. Following final decision by the City Council, any concerned person may seek judicial review of the final decision on a sign permit application pursuant to California Code of Civil Procedure section 1094.8.

G. G. Multiple Sign Applications. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, the Director's written notice of determination shall specify the grounds for such denial.

H. H. Revocation or Cancellation. The Director shall revoke any approval upon refusal of the holder thereof to comply with the provisions of this Chapter and/or the terms or

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conditions of any permit, after written notice of noncompliance and at least 15 days opportunity to cure.

I. I. Permits Issued in Error. Any approval or permit issued in error may be summarily revoked at any time before substantial work in reliance upon the permit has been accomplished, by the City upon written notice to the holder of the reason for the revocation.

J. J. Interpretation of Provisions. Whenever the application of this Chapter is uncertain, the Director may refer the matter to the Planning Commission for determination. All interpretations are to be made in light of the Basic Policies section (17.07.030) of this Chapter.

K. K. Variances. Applications for a variance from the terms of this Chapter shall be reviewed by the Planning Commission according to the variance procedures set forth in the Zoning Ordinance; however, variances shall be considered without reference to the proposed content, copy, or message of the proposed sign (other than the onsite/offsite distinction for commercial messages).

L. L. Uniform Sign Program. All applications for approval of signs in a shopping center, commercial, industrial or office complex, a group of three or more businesses on a parcel or project site or for commercial recreation uses shall be submitted in the form of Uniform Sign Program accompanied by sketches and drawings to scale and dimensions showing details of construction, including connections and electrical plans, if any, and shall delineate the typical size, shape, design, material, coloring, lettering, lighting and position of the signage in relationship to the building form or place where it will be displayed. Scaled sketches of existing signs on the premises shall accompany the applicationplans as set forth in Section 17.07.060 C.

M. M. Motorists' Line of Sight. All sign locations shall be safe for traffic sight purposes. A sight distance study may be required with each monument or pylon sign being proposed in the Uniform Sign Program when located next to any right-of-way, sidewalk, driveway, or as designated by the Community Development Director.

N. Program Approval. All sign programs shall be filed and reviewed as provided in this Chapter. Such Uniform Sign Programs shall be developed in full compliance with the requirements of this Chapter. No sign shall be installed which does not conform to the approved Uniform Sign Program. ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)

17.07.070 - General provisions.

A. A. Interpretation.

1. This chapter is not intended to, and does not, restrict speech on the basis of its content, viewpoint, or message.

2. Any classification of signs in this chapter that permits speech by reason of the type of sign, identity of the sign owner, or otherwise, shall also be interpreted to allow noncommercial messages on the sign.

3. No part of this chapter may be construed to favor commercial messages over noncommercial messages.

4. To the extent any provision of this chapter is ambiguous, the terms shall be interpreted not to regulate on the basis of the content of the message.

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B. Signs Exempt Signsfrom Sign Permits. Subject to the qualifications and conditions stated in this section, the following signs are exempt from the application, permit and fee requirements of this Chapter. However, the exemption from the sign permit requirement does not exempt the proposed sign from safetyuniform code permitting, such as on Title 15, including but not limited to building, electrical, plumbing, and grading permits, etc.

1. 1. Permanent window signs not exceeding four (4) square feet and limited to business identification, hours of operation, address and emergency information only;.

2. Real estate signs not exceeding four square feet in area of five feet in height, maximum one sign per parcel or lot, provided it is unlit and is removed within 15 days after the close of escrow or the rental or lease has been accomplished;

3. Contractor or construction signs: One sign shall be permitted on a construction or remodeling site. The sign may not exceed 32 square feet unless a larger sign is required by another body of law, in which case the smallest sign conforming to the law shall be used. The construction sign may not exceed eight feet in overall height and shall be set back from the property line by at least ten feet. Construction signs must be removed at the earliest of issuance of certificate of occupancy, certificate of completion, or final inspection check off, or their functional equivalent.

4. Future tenant identification sign: Future tenant identification signs may be placed on vacant or developing property to advertise the future use of the property and where this information may be obtained. Such sign shall be limited to one per street frontage and to a maximum of 32 square feet in area and eight feet in overall height for parcels containing ten acres or less.

For parcels greater than ten acres, one sign is permitted for every 600 feet of street frontage and is limited to 64 square feet in area per side and 15 feet in overall height. Such signs may also be placed along the freeway at 1,000-foot intervals, not to exceed 150 square feet in area per side and 20 feet in overall height. Further, such signs shall be placed no less than ten feet from any property line. Any such sign shall be removed upon completion of such project;

5. Real estate signs on industrial, commercial or agricultural property: One sign per street frontage not to exceed 32 square feet; no such sign shall exceed eight feet in overall height and shall be set back from the property line at least ten feet. Where a property has in excess of 600 linear feet of frontage, one additional sign is permitted for each 600 linear feet of street frontage.

6. Real estate signs on residential properties: one sign not exceeding eight square feet in area per display face, not more than two display faces, maximum height five feet, setback from the property line at least five feet.

7. Memorial tablets, plaques, or directional signs for community historical resources, installed by a recognized historical society or civic organization;

2. 8. Commercial temporary signs used to direct persons to open houses and real estate sales as provided in Section 17.07.080.B(1).

3. Commercial temporary signs for construction or remodeling sites as provided in Section 17.07.080.B(4).

4. Commercial temporary signs for future tenant identification as provided in Section

17.07.080.B(5).

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5. Directional signs, on-site, not exceedingto exceed three (3) square feet in sign area;.

6. 9. Residential building identification signs used to identify individual residences and not exceeding two (2) square feet;.

7. 10. Official and legal notices issued by the court, public body, person or officer in performance of his public duty or in giving any legal notice;.

8. 11. Directional, warning, identification, or informational signs or structures required or authorized by law or by federal, State, County or City authority;.

12. Flags. Flags Temporary Commercial flags on commercial, industrial, or agricultural properties:
a. Maximum number of flags for property less than one acre: three; maximum height of flag poles: 30 feet; maximum area of each flag: 60 square feet (measured one side only).
b. Maximum number of flags for property one acre or larger: six; maximum height of flag poles: 30 feet; maximum area of each flag: 60 square feet (measured one side only)

9. c. Flags on residential properties less than ¾ acre: maximum number of flags: three; maximum number of flag poles: one; maximum height of flag poles:
20 feet; maximum area of each flag: 40 square feet (measured one side only). No flags displaying commercial messages, images or symbols may be displayed as provided in residential zones. Section 17.07.080.B(7).
d. Flags on residential properties ¾ acre or larger: maximum number of flags: three; maximum number of flag poles: one; maximum height of flag poles: 30 feet; maximum area of each flag: 40 square feet (measured one side only). No flags displaying commercial messages, images or symbols may be displayed in residential zones.

10. 13. Signs of public utility companies, indicating danger or which serve as an aid to public safety or which show location of underground facilities or public telephones;.

11. 14. Safety signs on construction sites;.

12. 15. Political etc. Temporary Signs displaying political or otherwith noncommercial messages may be displayed on private property, except for special event signs as provided in any zone at any time under the message substitution policy of this Chapter. Section 17.07.080.A.
a. In residential zones and on legal residential uses, in addition to the flag allowance,On- site temporary or permanent signs displaying political or other noncommercial messages may be displayed at any time subject to:

1. Maximum number of signs: not limited

2. Maximum size of any one side (measured one side only): ten square feet.

3. Maximum area of all signs combined: 20 square feet.

4. Maximum height: six feet.

5. Placement shall be at least five feet from any sidewalk, property line or driveway and shall not obstruct any line of sight for traffic.

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b. In Commercial or industrial zones and on legal commercial or industrial uses on land one-half acre or less, temporary or permanent signs displaying political or other noncommercial messages may be displayed at any time subject to:

1. Maximum number of signs: not limited

2. Maximum size of any one side (measured one side only): ten square feet.

3. Maximum area of all signs combined: 20 square feet.

4. Maximum height: six feet.

5. Placement shall be at least five feet from any sidewalk, property line or driveway and shall not obstruct any line of sight for traffic.
c. In Commercial or industrial zones and on legal commercial or industrial uses on land over one-half acre, temporary or permanent signs displaying political or other noncommercial messages may be displayed at any time subject to:

1. Maximum number of signs: not limited

2. Maximum size of any one side (measured one side only): 16 square feet.

3. Maximum area of all signs combined: 64 square feet.

4. Maximum height: eight feet.

5. Placement shall be at least five feet from any sidewalk, property line or driveway and shall not obstruct any line of sight for traffic.
d. These limits on size, number and total area (but not height or placement) may be doubled during the time period which commences 45 days before and ends ten days after any general or special election.

13. 16. Temporary window signs for any establishment displaying a commercial message in a commercial zone, and for commercial uses in industrial or industrial/business park zones when approved as part of a Uniform Sign Program, are allowed without permit subject to: as provided in Section 17.07.080.B(2). a. Maximum window sign: 30 percent of the window area (on multi-story buildings, only the windows on the first floor may be counted), but in no event shall window signs exceed 150 square feet per street frontage.
b. The placement of the sign shall be located on the first floor only on multi-story buildings and shall not exceed 20 feet in height above finished grade on one-story buildings. c. No temporary window sign shall be displayed continuously for more than 30 days.

14. 17. Paper signs, which advertise "weekly specials", and similar signs which are rotated on a regular basis, shall have a fastening device for a more permanent look.

15. 18. ResidentialTemporary signs with a commercial message for garage or yard sale signs are allowed without permit subject to the following requirements:as provided in Section 17.07.080.B(3).
a. A permit for the garage and yard sale shall be obtained prior to the erection of any signs for such event.
b. A maximum of three signs are permitted.

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16. c. Commercial flags and banners in conjunction with approved residential subdivision sales office or a commercial sales or leasing office, or an industrial sales or leasing office as provided in Section 17.07.80.B(6).

Signs shall be limited to a maximum size of three-square feet each.

17. d. Signs shall only be placed on private property, and not in the public right- of- way or on utility poles. as provided in Section 17.07.090(E). e. Signs shall only be erected on the day of the event as permitted and shall be removed at sunset each day.

C. B. Prohibited Signs. The signs described in this subsection are prohibited, unless some other more specific provision in this Chapter or other applicable law makes them allowable, either by permit or exemption from the permit requirement.

1. 1. Roof signs;

2. 2. Flashing signs, except time and temperature signs;

3. 3. Animated signs;

4. 4. Revolving signs;

5. 5. Portable signs;

6. 6. Off-site commercial signs on permanent structures;

7. 7. Signs blocking doors or fire escapes;

8. 8. Light bulb strings and exposed tubing, except for temporary uses such as Christmas tree lots;

9. 9. Banners, flags, pennants and balloons, except for special events as provided for in this Chapter;as allowed under subsection B above

10. 10. Inflatable signs or signs designed to be air activated, floated or flown, including balloons used for commercial advertising purposes, kites or other serial signs that are made of any electrically conducive material;

11. 11. Signs, posters, and advertisements, etc., attached to utility poles, shall be prohibited; ;

12. 12. Exposed raceways. ; and

13. Billboards, except for relocated Billboards. See 17.07.030(G).

D. Roof Signs. Roof signs may be used only in the event no other signing alternatives are available. C. Roof Signs. Roof signs may be used only in the event no other signing alternatives are available. Roof signs may be permittedissued a permit by the Director if architecturally designed and built into the roof structure. Such design shall be compatible in design and materials with the building.

E. D. Signs Related to Inoperative Establishments. Signs promoting activities or establishments which are no longer in operation shall be removed from the premises or the sign copy shall be removed or obliterated within 6045 days after the premises has been vacated or the use abandoned. Any such sign not removed within the specified time shall constitute a nuisance and shall be subject to removal under the provisions of this Chapter.

F. E. Enforcement, Penalties and Abatement.

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1. 1. Any violation of this Chapter shall be deemed to be a continuing violation until the violation has been corrected.

2. 2. Violation of any of the provisions of this section shall constitute a nuisance and a Zoning ordinance violation.

3. 3. Notwithstanding any other provision of this Chapter, the City Attorney, upon the direction of the City Council, may commence an action in a court of competent jurisdiction to obtain an injunction prohibiting the construction, erection, maintenance or display, or requiring the removal, of any sign that is in violation of any of the provisions of this section. In any such action, the City shall be entitled to recover its costs and its reasonable attorney's fees.

4. 4. The owner or other person entitled to possession of a sign which is removed, stored and/or destroyed pursuant to any provision of this section shall be liable to the City for the cost of the removal, storage and/or destruction of the sign and the City may recover the same through an action commenced in a court of competent jurisdiction together with the City's court costs and reasonable attorney's fees.

5. 5. Any illegal sign within the public right-of-way is found and declared to be a public nuisance, and such sign may be abated by the City as follows:
a. If the address of the owner or other person entitled to possession of the sign is known, notice of the City's intention to remove and destroy the sign, stating the date after which sign will be removed and destroyed, shall be mailed to the owner or other person entitled to possession by certified mail, return receipt requested at least ten days before the date. If the address of the owner or other person entitled to possession is not known, the notice shall be affixed in a conspicuous place on said sign at least ten days before the date. The notice shall also set forth the provisions of this section.

A. b. If the address of the owner or other person entitled to possession of the sign is known, notice of the City's intention to remove and destroy the sign, stating the date after which sign will be removed and destroyed, shall be mailed to the owner or other person entitled to possession by certified mail, return receipt requested at least ten days before the date. If the address of the owner or other person entitled to possession is not known, the notice shall be affixed in a conspicuous place on said sign at least ten days before the date. The notice shall also set forth the provisions of this section.

B. The owner or other person entitled to possession of the sign may, before the removal date stated in the notice, file a written request for hearing with the Planning Department. The request shall identify the sign and its location, state the name and address of the owner or other person entitled to possession and set forth in detail the contentionslegal basis as to why the sign should not be removed and destroyed.

C. c. If a request for hearing is filed under subsection b, the Planning Commission shall hear the matter at a regularly scheduled meeting held not more than 30 days thereafter. After the hearing, the Planning Commission shall determine whether or not the sign is an illegal sign within the public right-of-way. The written decision of the Planning Commission shall be rendered within ten (10) days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to

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possession within seven days thereafter. Unless a notice of appeal is filed as provided for in this Chapter, the decision of the Planning Commission shall become final ten days after mailing.
d. The owner or other person entitled to possession may file a notice of appeal with the City Clerk within ten days after the date of mailing of the Planning Commission's decision. If a timely notice of appeal is filed, the matter shall be heard by the City Council at a regular meeting scheduled not more than 30 days thereafter. After hearing, the City Council shall determine whether or not the sign is an illegal sign within the public right- of-way. The written decision of the City Council shall be rendered within ten days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter. The decision of the City Council becomes final ten days after mailing.

D. e. The owner or other person entitled to possession may file a notice of appeal with the City Clerk within ten days after the date of mailing of the Planning Commission's decision. If a timely notice of appeal is filed, the matter shall be heard by the City Council at a regular meeting scheduled not more than 30 days thereafter. After hearing, the City Council shall determine whether or not the sign is an illegal sign within the public right- of-way. The written decision of the City Council shall be rendered within ten days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter.

The decision of the City Council becomes final ten days after mailing.

E. Unless the owner or other person entitled to possession of the sign, on or before the removal date stated in the notice described in this section, files a written request for hearing with the Planning Department, the City may, at any time after said date, remove and destroy the sign. If a written request for hearing is filed then upon any final decision of the Planning Commission or the City Council determining that the sign is an illegal sign within the public right-of-way, the City may remove and destroy the sign.

F. f. Notwithstanding any provision of this Chapter to the contrary, any illegal sign within the public right-of-way which constitutes a hazard to pedestrian or vehicular traffic may be removed immediately and stored by the City, at the expense of the owner, or other person entitled to possession, pending completion of the notification and hearing procedures set forth in this section.

G. F. Construction and Maintenance of Signs.

1. Every sign and all parts, portions, and materials shall be manufactured, assembled and erected in compliance with all applicable State, federal, and City regulations, the Uniform Building Code and the National Electrical Code.

2. Every sign and all parts, portions and materials shall be maintained and kept in proper repair.

The display surface of all signs shall be kept clean, neatly painted and free from rust and corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy or other unmentioned or damaged portion of a sign shall be repaired or replaced within 30 days following notification by the City. Noncompliance with such a request will constitute a zoning violation and will be enforced as such.

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G. Flags (real estate sales and leasing). Commercial flags and banners are permitted in conjunction with an approved residential subdivision sales office or a commercial sales or leasing office, or an industrial sales or leasing office. Such flags shall conform to the following provisions:

1. A maximum of six may be used.

2. The flags or banners shall be no higher than 15 feet.

3. The flags or banners shall be displayed in the immediate vicinity of the sales/leasing office.

In no case shall the flags be allowed within the public right-of-way.

4. In the case of a residential subdivision office, the flags may be maintained as long as a valid operating permit for the sales office remains in effect.

5. In the case of a commercial office or industrial sales or leasing office, the flags may be maintained until 75 percent of the spaces have been leased.

6. The maximum size of any one flag shall not exceed 15 square feet. All flags shall be maintained in good condition; torn or worn flags shall be replaced.

H. Roof Signs. Roof signs may be used only in the event no other signing alternatives are available. Roof signs may be permitted if architecturally designed and built into the roof structure. Such design shall be compatible in design and materials with the building.

I. Inoperative establishments. Signs pertaining to activities or businesses which are no longer in operation shall be removed from the premises or the sign copy shall be removed or obliterated within 60 days after the premises has been vacated. Any such sign not removed within the specified time shall constitute a nuisance and shall be subject to removal under the provisions of this chapter.

J. Enforcement, penalties and abatement.

1. Any violation of the provisions of this section shall be deemed to be a continuing violation until the violation has been corrected.

2. A violation of any of the provisions of this section shall constitute a nuisance and a zoning ordinance violation.

3. Notwithstanding any other provision of this section, the City Attorney, upon the order of the City Council, may commence an action in a court of competent jurisdiction to obtain an injunction prohibiting the construction, erection, maintenance or display, or requiring the removal, of any sign that is in violation of any of the provisions of this section. In any such action, the City shall be entitled to recover its costs and its reasonable attorney's fees.

4. The owner or other person entitled to possession of a sign which is removed, stored and/or destroyed pursuant to any provision of this section shall be liable to the City for the cost of the removal, storage and/or destruction and the City may recover the same through an action commenced in a court of competent jurisdiction together with the City's court costs and reasonable attorney's fees.

5. Any illegal sign within the public right-of-way is found and declared to be a public nuisance, and such sign may be abated by the City as follows:

A. a. If the address of the owner or other person entitled to possession of the sign is known, notice of the City's intention to remove and destroy the sign, stating the date after which sign will be removed and destroyed, shall be mailed to the owner or other person entitled to possession by certified mail, return receipt requested at least ten days before the date. If

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the address of the owner or other person entitled to possession is not known, the notice shall be affixed in a conspicuous place on said sign at least ten days before the date. The notice shall also set forth the provisions of this section.
b. The owner or other person entitled to possession of the sign may, before the removal date stated in the notice, file a written request for hearing with the Planning Department.

The request shall identify the sign and its location, state the name and address of the owner or other person entitled to possession and set forth in detail the contentions why the sign should not be removed and destroyed.
c. If a request for hearing is filed, the Planning Commission shall hear the matter at a regularly scheduled meeting held not more than 30 days thereafter. After the hearing, the Planning Commission shall determine whether or not the sign is an illegal sign within the public right-of-way. The written decision of the Planning Commission shall be rendered within ten days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter. Unless a notice of appeal is filed as provided for in this chapter, the decision of the Planning Commission shall become final ten days after mailing.

A. d. The owner or other person entitled to possession may file a notice of appeal with the City Clerk within ten days after the date of mailing of the Planning Commission's decision. If a timely notice of appeal is filed, the matter shall be heard by the City Council at a regular meeting scheduled not more than 30 days thereafter. After hearing, the City Council shall determine whether or not the sign is an illegal sign within the public right- of-way. The written decision of the City Council shall be rendered within ten days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter.

The decision of the City Council becomes final ten days after mailing. e. Unless the owner or other person entitled to possession of the sign, on or before the removal date stated in the notice described in this section, files a written request for hearing with the Planning Department, the City may, at any time after said date, remove and destroy the sign. If a written request for hearing is filed then upon any final decision of the Planning Commission or the City Council determining that the sign is an illegal sign within the public right-of-way, the City may remove and destroy the sign. f. Notwithstanding any provision of this chapter to the contrary, any illegal sign within the public right-of-way which constitutes a hazard to pedestrian or vehicular traffic may be removed immediately and stored by the City, at the expense of the owner, or other person entitled to possession, pending completion of the notification and hearing procedures set forth in this section.

K. Construction and Maintenance of Signs.

1. 1. Code compliance. Every sign and all parts, portions, and materials shall be manufactured, assembled and erected in compliance with all applicable state, federal, and City regulations, the uniform building code and the national electrical codecity laws and regulations, including but not limited to the permitting requirements contained in Title 15 relating to Buildings and Construction .

2. 2. Maintenance. Every sign and all parts, portions and materials shall be maintained and kept in proper repair.a first-class condition. The display surface of all signs shall be kept clean, neatly painted and free from rust and, corrosion and

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Beaumont City CouncilOctober 3, 2023

Beaumont City Council
October 3, 2023