Agenda packet — Beaumont City Council, October 17, 2023 (part 13 of 15)

1 A-1
Drawing No.Project No.

Project ID: 16-81-257-01.GPJ; Template: KEY
(LITTLE OR NO FINES)

INORGANIC SILTS AND VERY

FINE SANDS, ROCK FLOUR,

SILTY OR CLAYEY FINE

SANDS OR CLAYEY SILTS

WITH SLIGHT PLASTICITY

LIQUID LIMIT LESS
THAN 50

SILTY GRAVELS, GRAVEL - SAND
- SILT MIXTURES
OH
SC

SILTS AND
CLAYS
MORE THAN 50% OF

COARSE FRACTION
PASSING ON NO. 4
SIEVE
MORE THAN 50% OF

MATERIAL IS
LARGER THAN NO.
200 SIEVE SIZE

SILTY SANDS, SAND - SILT

MIXTURES

POORLY-GRADED SANDS,

GRAVELLY SAND, LITTLE OR

NO FINES
(LITTLE OR NO FINES)
OL

WELL-GRADED GRAVELS,

GRAVEL - SAND MIXTURES,

LITTLE OR NO FINES

SANDS WITH
FINES
CL

HIGHLY ORGANIC SOILS PT
MORE THAN 50% OF

MATERIAL IS
SMALLER THAN NO.
200 SIEVE SIZE
SM

WELL-GRADED SANDS,

GRAVELLY SANDS, LITTLE

OR NO FINES
(APPRECIABLE AMOUNT

OF FINES)
SP
26-50
SW
COARSE

GRAINED
SOILS

POORLY-GRADED GRAVELS,

GRAVEL - SAND MIXTURES,

LITTLE OR NO FINES

CLAYEY GRAVELS, GRAVEL -

SAND - CLAY MIXTURES

SAMPLE TYPE
LETTER

INORGANIC CLAYS OF LOW TO

MEDIUM PLASTICITY,

GRAVELLY CLAYS, SANDY

CLAYS, SILTY CLAYS, LEAN
CLAYS

ORGANIC CLAYS OF MEDIUM TO

HIGH PLASTICITY, ORGANIC
SILTS
SAND
AND
SANDY
SOILS

INORGANIC SILTS, MICACEOUS

OR DIATOMACEOUS FINE

SAND OR SILTY SOILS

SOIL CLASSIFICATION CHART

UNIFIED SOIL CLASSIFICATION AND KEY TO BORING LOG SYMBOLS MORE THAN 50% OF

COARSE FRACTION
RETAINED ON NO. 4
SIEVE
PlasticityGrain Size AnalysisPassing No. 200 SieveSand EquivalentExpansion IndexCompaction CurveHydrometerDisturb

CLASSIFICATION
pimawaseeimaxhDist.

ConsolidationCollapse TestResistance (R) ValueChemical AnalysisElectrical ResistivityPermeabilitySoil Cement Pocket PenetrometerDirect ShearDirect Shear (single point)Unconfined CompressionTriaxial CompressionVane Shear

STRENGTH
pdsds*uctxvs
ccolrcaerpermsc
(APPRECIABLE AMOUNT

OF FINES)
GC

DESCRIPTIONS

BORING LOG SYMBOLS
NOTE: DUAL SYMBOLS ARE USED TO INDICATE BORDERLINE SOIL CLASSIFICATIONS

LABORATORY TESTING ABBREVIATIONS

TEST TYPE
(Results shown in Appendix B)

ORGANIC SILTS AND ORGANIC

SILTY CLAYS OF LOW

PLASTICITY
FINE

GRAINED
SOILS

SILTS AND
CLAYS
ML

TYPICAL
Split barrel sampler in accordance withASTM D-1586-84 Standard Test Method

SPT (N)
No recovery

BULK SAMPLE

GROUNDWATER WHILE DRILLING

GROUNDWATER AFTER DRILLING
40 - 60 60 - 80 50
60 RelativeDensity (%)
Very Loose
Consistency
2-4 9-15 16-30
CA Sampler
> 30
> 503-6 7-12 13-25
MH
GM
GW

SYMBOLS

PEAT, HUMUS, SWAMP SOILS

WITH HIGH ORGANIC

CONTENTS

LIQUID LIMIT
GREATER THAN 50

MAJOR DIVISIONS

STANDARD PENETRATION TEST
Dense
80 CH

GRAVELS
WITH
FINES
Soft Medium Stiff Very StiffVery Soft Hard
DRIVE SAMPLE 2.42" I.D. sampler (CMS).

DRIVE SAMPLE
CLEAN
SANDS
GRAVEL
AND

GRAVELLY
SOILS
CLEAN

GRAVELS

INORGANIC CLAYS OF HIGH

PLASTICITY
GP

CLAYEY SANDS, SAND - CLAY

MIXTURES
GRAPH
Converse Consultants 22-Mile Long, 12-Inch Diameter Brine Line Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates 15-81-158-01

Page 1222 of 1492 ends

9/8/12
6/11/15
17/12/12
5/9/17
ca,er
ds
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/21/17.
3" ASPHALT CONCRETE/ 7" AGGREGATE BASE

ALLUVIUM
CLAYEY SAND with GRAVEL (SC): fine to
coarse-grained sand, gravel up to 3/4" in largest
dimension, reddish-brown.
reddish-brown
12 16
10 18
123
115
113
110
Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/21/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-2
Drawing No.

Log of Boring No. BH-01
2531Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

SUMMARY OF SUBSURFACE CONDITIONS
This log is part of the report prepared by Converse for this project and should be read together with the report. This summary applies only at the location of the boring and at the time of drilling.

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1223 of 1492 ends

6/6/8
6/14/32
8/16/23
ei, se,
ma, max
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/21/17.
6" ASPHALT CONCRETE/ 12" AGGREGATE BASE

ALLUVIUM
SILTY SAND (SM): fine to coarse-grained, few gravel
up to 1 " in largest dimension, trace clay, brown.

SANDY SILT (ML): fine to coarse-grained sand, trace
clay, brown.
12 26
15 121
93 111
Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/21/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-3
Drawing No.

Log of Boring No. BH-02
2525Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1224 of 1492 ends

27/50-5"
24/50-5"
17/30/32
9/19/28
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/21/17.

ALLUVIUM
SILT (ML): reddish-brown.

SAND (SP): fine to coarse-grained, reddish-brown.

SILT (ML): reddish-brown.
9 8
4 7
119
98 119
114
Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/21/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-4
Drawing No.

Log of Boring No. BH-04
2510Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1225 of 1492 ends

9/11/14
7/12/19
17/23/39
se, ca, er,
ma, max
ds
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/21/17.

ALLUVIUM
SANDY SILT (ML): fine to coarse-grained sand, brown.
brown
SILT (ML): brown.
5 9
12 105
103
116
Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/21/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-5
Drawing No.

Log of Boring No. BH-05
2462Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1226 of 1492 ends

13/8/8
3/4/8
35/50-5"
27/50-3"
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/21/17.
6" ASPHALT CONCRETE/ 12" AGGREGATE BASE

ALLUVIUM
SILTY SAND with GRAVEL (SM): fine to
coarse-grained, gravel up to 0.5" inch in largest
dimension, brown.

SAND (SP): fine to coarse-grained, rock fragments up
to 2" inches in largest dimension,.
19 2
4 122
122
99 Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/21/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-6
Drawing No.

Log of Boring No. BH-07
2311Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1227 of 1492 ends

2/3/4
3/4/6
4/6/7
ei, ma
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/21/17.
6" ASPHALT CONCRETE/ 6" AGGREGATE BASE

ALLUVIUM
SILTY SAND (SM): fine to coarse-grained, brown.

SANDY CLAY (CL): fine to coarse-grained, brown.

SAND (SP): fine to coarse-grained, trace silt, brown.
6 32
3 103
79 95
Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/21/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-7
Drawing No.

Log of Boring No. BH-08
2249Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1228 of 1492 ends

Boring terminated at 5 feet bgs due to potential
underground utilities.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/21/17.

ALLUVIUM
CLAYEY SAND (SC): fine to coarse-grained, dark
brown.

Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/21/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 16-81-255-02 A-8
Drawing No.

Log of Boring No. BH-09
2185Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1229 of 1492 ends

2/4/6
3/7/9
2/4/6
2/5/6
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/21/17.
6" ASPHALT CONCRETE/ 6" AGGREGATE BASE"

ALLUVIUM
SANDY CLAY (CL): fine to coarse-grained, dark brown.
- gray and brown
22 29
28 26
98 93
94 96
Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/21/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-9
Drawing No.

Log of Boring No. BH-10
2131Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1230 of 1492 ends

3/4/5
4/6/7
4/6/8
9/8/6
ei, se, ca,
er, ma
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/22/17.

ALLUVIUM
SILTY SAND (SM): fine to coarse-grained, few gravel
up to 0.5" in largest dimension, dark brown.

SANDY CLAY (CL): fine to coarse-grained sand, dark
brown.

SILTY SAND (SM): fine to coarse-grained, brown.

CLAY (CL): brown.
19 23
26 105
99 95
Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/22/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-10
Drawing No.

Log of Boring No. BH-12
2011Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1231 of 1492 ends

5/7/11
3/6/11
5/11/9
4/6/9
max
ds
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/22/17.

ALLUVIUM
SILTY SAND with GRAVEL (SM): fine to
coarse-grained, gravel up to 2 inches in largest
dimension, dark brown.

SANDY CLAY (CL): fine-grained sand, brown.
-few silt
- mottled gray
23 24
18 24
104
98 101
99 Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/22/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-11
Drawing No.

Log of Boring No. BH-13
1957Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1232 of 1492 ends

3/11/12
10/11/15
12/26/38
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/22/17.

ALLUVIUM
SILTY SAND with GRAVEL (SM): fine to
coarse-grained, gravel up to 0.5" in largest dimension, brown.

SANDY CLAY (CL): fine to coarse-grained sand, few
gravel up to 0.5" in largest dimension, brown.

SILTY SAND (SM): fine to coarse-grained, light brown.

SAND with GRAVEL (SP): fine to coarse-grained,
gravel up to 0.5" in largest dimension.
11 5
3 97
106
121
Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/22/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-12
Drawing No.

Log of Boring No. BH-14
1912Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1233 of 1492 ends

3/5/6
7/8/11
6/8/11
6/10/15
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/22/17.

ALLUVIUM
SILT (ML): brown.

SANDY SILT (ML): fine to coarse-grained sand, brown.
11 7
7 5
94 103
108
107
Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/22/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-13
Drawing No.

Log of Boring No. BH-15
1870Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1234 of 1492 ends

5/7/7
2/3/5
4/4/5
8/19/25
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/22/17.

ALLUVIUM
SILTY SAND with GRAVEL (SM): fine to
coarse-grained, gravel up to 0.5" in largest dimension, brown.

SILTY CLAY (CL): brown.

SILTY SAND (SM): fine to coarse-grained, brown.
5 13
17 7
106
95 95
125
Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/22/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-14
Drawing No.

Log of Boring No. BH-16
1820Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1235 of 1492 ends

5/8/10
4/6/9
6/11/14
5/6/9
ei, se, ca,
er, ma,
max
ds
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/22/17.

ALLUVIUM
SILTY SAND (SM): fine to coarse-grained, light brown.
- few gravel up to 0.5" in largest dimension
- brown and gray
- light brown
3 4
3 8
115
115
115
104
Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/22/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-15
Drawing No.

Log of Boring No. BH-18
1705Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1236 of 1492 ends

4/5/7
17/19/20
5/7/9
17/11/14
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/22/17.

ALLUVIUM
SILTY SAND with GRAVEL (SM): fine to
coarse-grained, gravel up to 0.5" in largest dimension, dark brown.

SILTY SAND (SM): fine to coarse-grained, dark brown.

SAND with GRAVEL (SP): fine to coarse-grained,
gravel up to 1" in largest dimension, brown.

SAND (SP): fine to coarse-grained, brown.
7 2
13 4
116
110
114
101
Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/22/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-16
Drawing No.

Log of Boring No. BH-21
1554Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1237 of 1492 ends

17/7/11
4/11/15
11/11/12
23/38/37
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/23/17.

ALLUVIUM
SANDY SILT (ML): fine to coarse-grained sand, few
gravel up to 1 " in largest dimension, light brown.

SAND (SP): fine to coarse-grained sand, light brown.
-rock fragments up to 1" in largest dimension
2 2
1 1
114
117
118
128
Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/23/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-17
Drawing No.

Log of Boring No. BH-22
1537Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1238 of 1492 ends

5/2/2
8/8/9
12/18/25
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/23/17.

ALLUVIUM
SANDY SILT (ML): fine to coarse-grained sand, few
gravel up to 1 " in largest dimension, dark brown.

SILTY SAND with GRAVEL (SM): fine to coarse-grained
sand, gravel up to 0.5" in largest dimension, brown.
- fine to coarse-grained
4 5
2 102
115
123
Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/23/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-18
Drawing No.

Log of Boring No. BH-23
1474Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1239 of 1492 ends

Boring terminated at 5 feet bgs due to potential
underground utilities.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/23/17.

ALLUVIUM
SAND with GRAVEL (SP): fine to coarse-grained,
gravel up to 0.5" in largest dimension, brown.

Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/23/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 16-81-255-02 A-19
Drawing No.

Log of Boring No. BH-24
1402Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1240 of 1492 ends

6/18/23
10/21/33
6/9/11
se, ca, er,
ma, max
col, ds
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/23/17.

ALLUVIUM
SILTY SAND (SM): fine to coarse-grained, few gravel
up to 1" in largest dimension, brown.

SAND (SP): fine to coarse-grained, few gravel up to 0.5" in largest dimension, brown.

SILT (ML): light brown.
3 2
7 113
116
104
Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/23/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-20
Drawing No.

Log of Boring No. BH-26
1324Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1241 of 1492 ends

3/8/6
7/10/12
6/15/23
8/13/13
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/23/17.

ALLUVIUM
SILTY CLAY (CL): brown.

SILTY SAND (SM): fine to medium-grained, brown.

SAND with GRAVEL (SP): fine to coarse-grained,
gravel up to 0.5" in largest dimension, brown.

SAND (SP): fine to coarse-grained, brown.

SAND with CLAY (SP-SC): fine to coarse-grained, few
rock fragments up to 0.5" in largest dimension, brown.
7 3
2 12
114
115
115
116
Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/23/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-21
Drawing No.

Log of Boring No. BH-27
1248Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1242 of 1492 ends

3/5/6
4/17/8
5/6/15
8/17/13
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/23/17.

ALLUVIUM
SANDY SILT (ML): fine to coarse-grained sand, few
gravel up to 1" in largest dimension, dark brown.
- brown
- fine to coarse-grained sand
SAND with GRAVEL (SP): fine to coarse-grained,
gravel up to 0.5" in largest dimension, brown.
4 4
3 3
108
108
125
118
Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/23/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-22
Drawing No.

Log of Boring No. BH-28
1227Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1243 of 1492 ends

3/4/5
4/6/6
3/5/8
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/20/17.

ALLUVIUM
SILTY CLAY (CL): brown.

SILT (ML): brown.

SILTY CLAY (CL): brown.
11 7
22 105
106
97 Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/20/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-23
Drawing No.

Log of Boring No. BH-29
1191Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1244 of 1492 ends

3/4/5
3/4/5
3/4/4
6/9/9
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/20/17.

3.5" ASPHALT CONCRETE/ 3.5" AGGREGATE BASE

ALLUVIUM
SILTY SAND (SM): fine to coarse-grained, brown.

SAND (SP): fine to coarse-grained, brown.

SILTY SAND (SM): fine to coarse-grained, brown.

SAND (SP): fine to coarse-grained, light brown.
9 4
14 1
109
99 98
111
Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/20/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-24
Drawing No.

Log of Boring No. BH-30
1176Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1245 of 1492 ends

10/9/9
2/2/3
4/5/7
4/7/8
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/20/17.
9" ASPHALT CONCRETE/ 5" AGGREGATE BASE

ALLUVIUM
SILTY SAND (SM): fine to coarse-grained, few gravel
up to 0.5" in largest dimension, dark brown.

SILT (ML): brown.
-trace sand
6 9
6 13
111
94 97
95 Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/20/2017 Logged by:

De
p
t
h

(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-25
Drawing No.

Log of Boring No. BH-31
1146Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1246 of 1492 ends

6/8/5
6/10/9
4/7/11
ei, se, ca,
er, ma,
max
col, ds
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/20/17.
9" ASPHALT CONCRETE/ 8" AGGREGATE BASE

ALLUVIUM
CLAYEY SAND (SC): fine to coarse-grained, brown.
- few gravel up to 0.5" in largest dimension, brown
SILT (ML): brown.
16 12
9 109
107
104
Woongin Mun Scot Mathis
BL
O
W
S
MO
I
S
T
U
R
E
DR
Y

U
N
I
T

W
T
.
(p
c
f
)

SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
V
E
3/20/2017 Logged by:

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Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
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5 10
15 16-81-255-02 A-26
Drawing No.

Log of Boring No. BH-32
1120Ground Surface Elevation (ft):

Gr
a
p
h
i
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Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
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SAMPLES
Gr
a
p
h
i
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Lo
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Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1247 of 1492 ends

Boring terminated at 14 inches bgs due to concrete slab underlying pavement.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/20/17.
6" ASPHALT CONCRETE/ 7" AGGREGATE BASE
Woongin Mun Scot Mathis
BL
O
W
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MO
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U
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SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
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3/20/2017 Logged by:

De
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(
f
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)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
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16-81-255-02 A-27
Drawing No.

Log of Boring No. BH-33
1089Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
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(
f
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)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1248 of 1492 ends

4/6/8
3/4/6
6/7/10
9/6/6
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/20/17.

ALLUVIUM
SILTY CLAY (CL): gray.
-brown
SAND (SP): fine to coarse-grained, brown.
17 10
16 14
109
110
103
108
Woongin Mun Scot Mathis
BL
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(p
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SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
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3/20/2017 Logged by:

De
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(
f
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)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-28
Drawing No.

Log of Boring No. BH-34
1061Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
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(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1249 of 1492 ends

5/7/9
4/7/9
6/10/12
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/20/17.
6" ASPHALT CONCRETE / 7" AGGREGATE BASE

ALLUVIUM
SILT (ML): brown.

SAND (SP): fine to coarse-grained, brown.

SILT (ML): brown.

CLAY (CL): trace sand, brown.
4 11
14 121
97 114
Woongin Mun Scot Mathis
BL
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SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
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3/20/2017 Logged by:

De
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(
f
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Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-29
Drawing No.

Log of Boring No. BH-35
1042Ground Surface Elevation (ft):

Gr
a
p
h
i
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Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
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(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1250 of 1492 ends

3/7/12
8/11/14
3/4/4
9/8/8
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and
surface patched with cold asphalt concrete on 3/20/17.
5" ASPHALT CONCRETE / 8" CONCRETE

ALLUVIUM
CLAY (CL): brown.

CLAYEY SAND (SC): fine to coarse-grained, brown.

SILTY CLAY (CL): brown.

CLAY (CL): brown.
20 13
29 20
109
102
97 108
Woongin Mun Scot Mathis
BL
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SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
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3/20/2017 Logged by:

De
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(
f
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)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-30
Drawing No.

Log of Boring No. BH-36
1004Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1251 of 1492 ends

6/9/12
3/14/20
11/11/12
7/11/19
2/3/9
se, ca, er,
ma, max
ds
End of boring at 16.5 feet bgs.

No groundwater encountered.

Borehole backfilled with tamped soil cuttings and surface patched with cold asphalt concrete on 3/20/17.

6.5" ASPHALT CONCRETE / 6" AGGREGATE BASE

ALLUVIUM
SILTY SAND (SM): fine-grained, gray.
-trace clay, brown
CLAYEY SAND (SC): fine to medium-grained, brown.
-gray
-brown
14 19
21 21
114
103
107
105
Woongin Mun Scot Mathis
BL
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U
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(p
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SUMMARY OF SUBSURFACE CONDITIONS
Checked By:

DR
I
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E
3/20/2017 Logged by:

De
p
t
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(
f
t
)
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
OT
H
E
R
5 10
15 16-81-255-02 A-31
Drawing No.

Log of Boring No. BH-38
991Ground Surface Elevation (ft):

Gr
a
p
h
i
c
Lo
g

Subsurface conditions may differ at other locations and may change at this location with the passage of time. The data presented is a simplification of actual conditions encountered.De
p
t
h

(
f
t
)

SAMPLES
Gr
a
p
h
i
c
Lo
g
Dates Drilled:
8" HOLLOW STEM AUGEREquipment:

Project No.

NOT ENCOUNTERED
Driving Weight and Drop:140 lbs / 30 in
Depth to Water (ft):

BU
L
K
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: LOG

Page 1252 of 1492 ends

Appendix B

Laboratory Testing Program

Page 1253 of 1492 ends

Geotechnical Investigation Report for the Brine Disposal Pipeline Cities of Beaumont, Redlands, Loma Linda, and San Bernardino Riverside and San Bernardino Counties, California
May 30, 2017

APPENDIX B: LABORATORY TESTING PROGRAM

Tests were conducted in our laboratory on representative soil samples for t he purpose of classification and evaluation of their physical properties and engineering characteristics.

The amount and selection of tests were based on the geotechnical parameters required for this project. Test results are presented herein and on the Lo gs of Borings, in Appendix A, Field Exploration. The following is a summary of the various laboratory tests conducted for this project.

In-Situ Moisture Content and Dry Density

Results of these tests, which were performed on relatively undisturbed ring samples, were used to aid in soils classification and to provide quantitative measure of the in-situ dry density and moisture content. Data obtained from these tests provides qualitative information on strength and compressibility characteristics of the site soils. For test results, see the Logs of Borings in Appendix A, Field Exploration.

Expansion Index Test

Five representative bulk samples were tested to evaluate the expansion potential. The tests were conducted in accordance with ASTM Standard D4829. T he test results are presented in the following table.

Table No. B-1, Expansion Index Test Results
Boring No. Depth (feet) Soil Description Expansion
Index
Expansion
Potential
BH-02 0-5 Silty Sand (SM),
trace clay 8 Very Low
BH-08 0-5 Silty Sand (SM) 0 Very Low
BH-12 0-5 Silty Sand (SM) 6 Very Low
BH-18 0-5 Silty Sand (SM) 2 Very Low
BH-32 0-5 Clayey Sand (SC) 6 Very Low

Sand Equivalent

Seven representative soil samples were tested in accordance with the ASTM D2419 test method to determine the sand equivalent. The test results are presented in the following table.

Table No. B-2, Sand Equivalent Test Results
Boring No. Depth (feet) Soil Description Sand Equivalent BH-02 0-5 Silty Sand (SM) 38
BH-05 0-5 Sandy Silt (ML) 7
BH-12 0-5 Silty Sand (SM) 28

Page 1254 of 1492 ends

Geotechnical Investigation Report for the Brine Disposal Pipeline Cities of Beaumont, Redlands, Loma Linda, and San Bernardino Riverside and San Bernardino Counties, California
May 30, 2017

Boring No. Depth (feet) Soil Description Sand Equivalent BH-18 0-5 Silty Sand (SM) 31
BH-26 0-5 Silty Sand (SM) 26
BH-32 0-5 Clayey Sand (SC) 16
BH-38 0-5 Silty Sand (SM) 12

Soil Corrosivity

Seven representative soil samples were tested by EG Laboratory in accordance with California Test Methods 643, 422, and 417, to determine minimum electrical resistivity, pH, and chemical content, including soluble sulfate and chloride concentrations. The purpose of these tests was to determine the corrosion potential of site soils when placed in contact with common pipe materials. Test results are presented on the following table.

Table No. B-3, Summary of Corrosivity Test Results
Boring
No.

Depth
(feet) pH
Soluble Sulfates
(CA 417)
(percent by weight)
Soluble Chlorides
(CA 422)
(ppm)
Min. Resistivity
(CA 643)
(Ohm-cm)
BH-1 0-5 7.94 0.018 360 3,300
BH-5 0-5 7.11 0.036 290 3,200
BH-12 0-5 7.84 0.002 380 1,400
BH-18 0-5 8.05 0.003 130 2,500
BH-26 0-5 7.98 0.004 140 3,200
BH-32 0-5 8.08 0.003 145 4,600
BH-38 0-5 7.79 0.009 125 2,300

Collapse Test

To evaluate the moisture sensitivity (collapse potential) of the encountered soils, 2 representative ring samples were loaded to approximately 2 kips, allowed to stabilize under load, and then submerged. The test was performed in accordance with A STM Standard D4546. The test results are presented in the following table.

Table No. B-4, Summary of Collapse Test Results
Test Pit No. Depth (feet) Soil Description Percent Collapse (-)/Swell (+) BH-26 5.0-6.5 Sand (SP) -2.1
BH-32 5.0-6.5 Silty Sand (SM) -0.5

Grain-Size Analysis

To assist in classification of soils, eight mechanical grain-size analyses were performed on selected samples in general accordance with the ASTM D422 method. Grain -size curves are shown in Drawing No. B-1a and B-1b, Grain Size Distribution Results.

Page 1255 of 1492 ends

Geotechnical Investigation Report for the Brine Disposal Pipeline Cities of Beaumont, Redlands, Loma Linda, and San Bernardino Riverside and San Bernardino Counties, California
May 30, 2017

Laboratory Maximum Dry Density

Laboratory maximum dry density and optimum moisture content relationship test was performed on seven representative bulk samples. The tests were conducted in accordance with ASTM Standard D1557 method. Test results are presented on Drawing No. B-2a and B-2b, Moisture-Density Relationship Results, and summarized in the following table.

Table No. B-5, Laboratory Maximum Density Test Results
Boring No. Depth (feet) Soil Description Maximum Dry
Density (pcf)
Optimum
Moisture (%)
BH-2 0-5 Silty Sand (SM), brown 130.0 8.8
BH-5 0-5 Sandy Silt (ML), brown 118.0 11.0
BH-13 0-5 Silty Sand (SM), dark brown 132.1 9.0
BH-18 0-5 Silty Sand (SM), light brown 131.0 7.0
BH-26 0-5 Silty Sand (SM), brown 129.1 7.1
BH-32 0-5 Clayey Sand (SC), brown 128.0 9.5
BH-38 0-5 Silty Sand (SM), gray 128.3 8.9

Direct Shear

Seven direct shear tests were performed on relatively undisturbed representative soil samples at soaked moisture conditions, in accordance with the ASTM D3080 method.

For each test, three samples contained in a brass sampler ring were placed, one at a time, directly into the test apparatus and subjected to a range of normal loads appropriate for the anticipated conditions. The samples were then sheared at a constant strain rate of 0.004 to 0.02 inch/minute depending on the soil type. Shear deformation was recorded until a maximum of about 0.25 -inch shear displacement was achieved.

Ultimate strength was selected from the shear-stress deformation data and plotted to determine the shear strength parameters. For test results, including sample density and moisture content, see Drawings Nos. B-3 through B-9, Direct Shear Test Results, and in the following table.

Page 1256 of 1492 ends

Geotechnical Investigation Report for the Brine Disposal Pipeline Cities of Beaumont, Redlands, Loma Linda, and San Bernardino Riverside and San Bernardino Counties, California
May 30, 2017

Table No. B-6, Direct Shear Test Results

Boring
No.

Depth
(feet) Soil Description
Ultimate Strength Parameters
Friction Angle
(degrees)
Cohesion
(psf)
BH-1 5.0-6.5 Clayey Sand with Gravel (SC) 35 400
BH-5 5.0-6.5 Sandy Silt (ML) 30 30
BH-13 5.0-6.5 Sandy Clay (CL) 28 220
BH-18 7.0-8.5 Silty Sand (SM) 29 10
BH-26 5.0-6.5 Sand (SP) 29 10
BH-32 5.0-6.5 Clayey Sand (SC) 24 330
BH-38 5.0-6.5 Clayey Sand (SC) 28 120

Sample Storage

Soil samples currently stored in our laboratory will be discarded thirty days after the date of the final report, unless this office receives a specific request to retain the samples for a longer period.

Page 1257 of 1492 ends

0 5
10 15
20 25
30 35
40 45
50 55
60 65
70 75
80 85
90 95
100

0.0010.010.1110100
4 200
Drawing No.

PE
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GRAIN SIZE DISTRIBUTION RESULTS
coarse
6 5020
%Gravel
Description PI Cc
medium
SAND
19 4.75
19 19

4.75 Boring No.D60
LL

12.0 0.0

4.0 12.0

0.0 1683/4

GRAIN SIZE IN MILLIMETERS

1.5 1/2
fine
60 fine

0.079
Depth (ft)D100 %Sand %Clay
4 U.S. SIEVE OPENING IN INCHES
coarse
2 SILTY SAND (SM)

SANDY SILT (ML)

SILTY SAND (SM)

SILTY SAND (SM)
Depth (ft)Cu
1413

SILT OR CLAY
U.S. SIEVE NUMBERS
3/8
GRAVEL
140

COBBLES
Project No.
0-5
0-5
0-5
0-5
0-5
D10 %Silt
Boring No.PL
16-81-255-02 B-1a
10 BH-02
BH-05
BH-08
BH-12
BH-18
BH-02
BH-05
BH-08
BH-12
BH-18

44.8 37.0

67.0 44.7

58.0 0.188

0.273

0.218

0.17 0-5
0-5
0-5
0-5
0-5
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
6 30 403

HYDROMETER

43.2 63.0

29.0 43.3

42.0 D30
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: GRAIN SIZE Page 1258 of 1492

0 5
10 15
20 25
30 35
40 45
50 55
60 65
70 75
80 85
90 95
100

0.0010.010.1110100
4 200
Drawing No.

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GRAIN SIZE DISTRIBUTION RESULTS
coarse
6 5020
%Gravel
Description PI Cc
medium
SAND

9.5 9.5

9.5 Boring No.D60
LL

6.0 3.0

4.0 1683/4

GRAIN SIZE IN MILLIMETERS

1.5 1/2
fine
60 fine

0.113
Depth (ft)D100 %Sand %Clay
4 U.S. SIEVE OPENING IN INCHES
coarse
2 SILTY SAND (SM)

CLAYEY SAND (SC)

SILTY SAND (SM)
Depth (ft)Cu
1413

SILT OR CLAY
U.S. SIEVE NUMBERS
3/8
GRAVEL
140

COBBLES
Project No.
0-5
0-5
0-5
D10 %Silt
Boring No.PL
16-81-255-02 B-1b
10 BH-26
BH-32
BH-38
BH-26
BH-32
BH-38

71.6 55.7

55.5 0.399

0.261

0.169
0-5
0-5
0-5
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
6 30 403

HYDROMETER

22.4 41.3

40.5 D30
Converse Consultants
Project ID: 16-81-255-02.GPJ; Template: GRAIN SIZE Page 1259 of 1492

90 95
100
105
110
115
120
125
130
135
140
145
150
0 5 10 15 20 25 30
DR
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D
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MOISTURE-DENSITY RELATIONSHIP RESULTS
B-2a
Drawing No.

2.80 2.70

2.60 8.8
11 9
7 7.1
WATER CONTENT, %
DEPTH (ft)DESCRIPTION ASTM

TEST METHOD

OPTIMUM
WATER, %

MAXIMUM DRY
DENSITY, pcf
BH-02
BH-05
BH-13
BH-18
BH-26
130
118
132.1
131
129.1
0-5
0-5
0-5
0-5
0-5
Curves of 100% Saturation
for Specific Gravity Equal to:

Project No.
16-81-255-02
SYMBOL BORING NO.

SILTY SAND (SM), brown
SANDY SILT (ML), brown
SILTY SAND (SM), dark brown
SILTY SAND (SM), light brown
SILTY SAND (SM), brown
D1557 - B
D1557 - B
D1557 - B
D1557 - B
D1557 - B
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
Project ID: 16-81-255-02.GPJ; Template: COMPACTION
Converse Consultants

Page 1260 of 1492 ends

90 95
100
105
110
115
120
125
130
135
140
145
150
0 5 10 15 20 25 30
DR
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D
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N
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,

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MOISTURE-DENSITY RELATIONSHIP RESULTS
B-2b
Drawing No.

2.80 2.70

2.60 9.5

8.9 WATER CONTENT, %
DEPTH (ft) DESCRIPTION
ASTM

TEST METHOD

OPTIMUM
WATER, %

MAXIMUM DRY
DENSITY, pcf
BH-32
BH-38
128
128.3
0-5
0-5
Curves of 100% Saturation
for Specific Gravity Equal to:

Project No.
16-81-255-02
SYMBOL BORING NO.

CLAYEY SAND (SC), brown
SILTY SAND (SM), gray
D1557 - B
D1557 - B
Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb Associates
Project ID: 16-81-255-02.GPJ; Template: COMPACTION
Converse Consultants

Page 1261 of 1492 ends

0 500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
0 1,000 2,000 3,000 4,000
DESCRIPTION :

SURCHARGE PRESSURE, psf
35:

Project No.
16-81-255-02
:
:

5.0-6.5
DRY DENSITY (pcf)

DIRECT SHEAR TEST RESULTS
:BORING NO.

CLAYEY SAND with GRAVEL (SC)
B-3
:16.3
400
114.9
Drawing No.

COHESION (psf)
BH-01
NOTE: Ultimate Strength.

DEPTH (ft)
MOISTURE CONTENT (%)
SH
E
A
R

S
T
R
E
N
G
T
H
,

p
s
f
FRICTION ANGLE (degrees)
:

Brine Disposal Pipeline
Cities of Beaumont, Redlands, Loma Linda and San Bernardino For: Albert A. Webb AssociatesConverse Consultants
Project ID: 16-81-255-02.GPJ; Template: DIRECT SHEAR Page 1262 of 1492

0 500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
0 1,000 2,000 3,000 4,000
DESCRIPTION :

SURCHARGE PRESSURE, psf
30:

Project No.
16-81-255-02
:
:

5.0-6.5
DRY DENSITY (pcf)

DIRECT SHEAR TEST RESULTS
:BORING NO.

SANDY SILT (ML)
B-4
:5.2
30 104.9
Drawing No.

COHESION (psf)
BH-05
NOTE: Ultimate Strength.

DEPTH (ft)
MOISTURE CONTENT (%)
SH
E
A
R

S
T
R
E
N
G
T
H
,

p
s
f
FRICTION ANGLE (degrees)
:

0 500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
0 1,000 2,000 3,000 4,000
DESCRIPTION :

SURCHARGE PRESSURE, psf
28:

Project No.
16-81-255-02
:
:

5.0-6.5
DRY DENSITY (pcf)

DIRECT SHEAR TEST RESULTS
:BORING NO.

SANDY CLAY (CL)
B-5
:23.7
220

98.0 Drawing No.

COHESION (psf)
BH-13
NOTE: Ultimate Strength.

DEPTH (ft)
MOISTURE CONTENT (%)
SH
E
A
R

S
T
R
E
N
G
T
H
,

p
s
f
FRICTION ANGLE (degrees)
:

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Project No.
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DIRECT SHEAR TEST RESULTS
:BORING NO.

SILTY SAND (SM)
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BH-18
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5.0-6.5
DRY DENSITY (pcf)

DIRECT SHEAR TEST RESULTS
:BORING NO.

SAND (SP)
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:2.9
10 113.0
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COHESION (psf)
BH-26
NOTE: Ultimate Strength.

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:
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5.0-6.5
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DIRECT SHEAR TEST RESULTS
:BORING NO.

CLAYEY SAND (SC)
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COHESION (psf)
BH-32
NOTE: Ultimate Strength.

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10.0-11.5
DRY DENSITY (pcf)

DIRECT SHEAR TEST RESULTS
:BORING NO.

CLAYEY SAND (SC)
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NOTE: Ultimate Strength.

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:

Staff Report

TO: City Council
FROM: Doug Story, Community Services Director
DATE October 17, 2023
SUBJECT: Discussion Regarding Forming a Parks and Recreation Committee

Description Discussion regarding the creation of a Parks and Recreation Committee for the City of Beaumont. The proposed committee will serve as an advisory body to the City Council and the Community Services Department, fostering community engagement and providing valuable input on the development, maintenance, and improvement of our parks and recreational facilities.

Background and Analysis:

The City of Beaumont is committed to enhancing the quality of life for its residents and visitors through the provision of well-maintained parks, recreational programs, and open spaces. The City's parks and recreational amenities play a vital role in promo ting physical and mental well-being, supporting a sense of community, and attracting residents and tourists alike.

To ensure the continued success and improvement of our parks and recreation offerings, the City is exploring the creation of a Parks and Recreation Committee. This committee will bring together community members with diverse interests and expertise to provide recommendations, provide input for park-related projects, and engage with residents to better understand their needs and preferences as it pertains to recreation programming and amenities.

Being proposed is the establishment of the City of Beaumont Parks and Recreation Committee, which will be comprised of five members appointed by the City Council and two non-voting members. The committee's mission will be to:

1. Advise on Park Development: Provide input and recommendations on the planning, design, and development of new parks, playgrounds, trails, and recreational facilities.

Page 1269 of 1492 ends

2. Program Development: Collaborate with the Community Services Department to identify and prioritize recreational programs and events that meet the needs and interests of the community.

3. Maintenance and Improvement: Assist in evaluating the condition of existing parks and facilities and make recommendations for maintena nce, upgrades, and improvements.

4. Community Engagement: Act as a liaison between the City, residents, and community organizations to gather feedback, suggestions, and concerns related to parks and recreation.

The City Council shall appoint the members of the committee after the submittal of an application and discussion amongst City Council. The committee shall consist of five (5) voting members and two (2) non-voting members who are at least sixteen (16) years of age.

The voting members shall consist of one (1) member of the City Council, one (1) member representing a sports league operating in the City and three (3) members of the Beaumont community. The non-voting members shall consist of the Community Services Director or his/her designee and a student member selected from the Beaumont Youth Council.

All members of the committee shall be appointed for a term of two (2) years and shall serve at the pleasure of the City Council. Members shall serve without compensation.

City Council may elect for the terms to be staggered.

Fiscal Impact:

The estimated cost to prepare this report is $175.

Recommended Action:

Provide recommendation on the creation of the Parks and Recreation Committee.

Attachments:

A. Parks and Recreation Committee Policies and Procedures.

B. Surrounding Agencies Parks and Recreation Committee Practices Chart

Page 1270 of 1492 ends

CITY MEETING
DATES/SCHEDULE # of MEMBERS TERM LENGTH APPOINTED/ELECTED DUTIES/SCOPE

PAST AGENDA ITEMS
Banning 3rd Wednesday 5 Members 4yrs Appointed
 The Parks and Recreation
Commission serves as an
advisory board to the City
Council, the Planning
Commission, and the Parks
and Recreation Director for
the purpose of the review
and formulation of rules,
regulations, and policies
for all parks and recreation
programs and services.

They are empowered to
take initiative in planning
for the present and future
park and recreation needs
of the residents of the City
of Banning.
 Advisory Committee
 Budget Update
 Parks Tours
 Usage/Activity Reports
 Grant Application Review
 Consideration of New
Park Concept Designs

 AD HOC Committees:

Master Plan
Fee Study/Cost
Recovery

Yucaipa 4th Wednesday
6 Members
(Five residents
and one
student)

Residents –
2yrs: January
to January

Student –
10mo:

September to
June
five members appointed
one by each City
Councilmember and one
student member
appointed by the City
Council as a body
 Recommend policies and
procedures to the City
Council for the operation,
use, and management of all
recreation activities,
facilities, and parks
 Recommend policies to the
City Council for the
acquisition, development,
and improvement of City
parks and recreational
facilities
 Acting in an advisory
capacity to the City Council
in all other policy matters
pertaining to the Parks and
Recreation Commission
 Advisory Committee

 Park Updates
 Dept. Goal and Objective
 CIP Updates

Page 1271 of 1492 ends

Fontana 4th Thursday 5 Members 2yrs Appointed by Council  The commission also
promotes and provides
guidance and delivery of
quality facilities programs
and services that foster
active and healthy lifestyles,
promote the value of
“community”, support
education and cultural
awareness, and provide for
diverse and interactive
recreational and community
service opportunities for
Fontana residents of all
ages. These programs,
services, and facilities
include but are not limited
to special events, cultural
arts programs, education
and recreational classes,
healthy and wellness
activities, teen programs,
youth after school
programs, sports, aquatics,
facility management,
environmental and
conservation programs.

 Additionally, the
commission provides
guidance to the
maintenance and
operations of a variety of
community facilities
including over 37 parks, 10
neighborhood and
community centers, 2
aquatic facilities, 3
neighborhood pools, a
library, and a dinner theatre.

 Advisory Committee
 Special Event Applications
 Dept. Goal and Objective
 CIP Updates
 Special Event Recaps
 Advisory Committee

Page 1272 of 1492 ends

Chino Hills 3rd Wednesday
5 Voting
Members

2 Non-Voting
(One member
representing the
Chino Valley
Unified School
District and one
student
member)

Nominated by individual
City Council Members
and appointed by a
majority vote of the City
Council.
 Advises the City Council on
all matters pertaining to
acquisition, development,
and maintenance of public
parks, recreational facilities,
and open space as part of a
sound Parks Master Plan in
keeping with community
needs and future growth.
 Reviews and advises the City
Council regarding the
financing of and budgeting
for such functions, including
but not limited to, the
financing and budgeting for
Parks and Recreation
services.
 Advises the City Council on
matters such as trail
development, maintenance,
and expansion; coordination
and development of
organized sports; wildlife
preservation; coordination
with the State Parks
Department and other
matters assigned by the City
Council.
 CIP Reviews and Updates
 Advisory Committee
 Park Project/Amenities
approval

Rialto 1st Tuesday 7 Members
 Act in an advisory capacity to
the city council in matters
pertaining to parks, public
recreation and community
services activities
 Formulate policies on
recreation, parks and social
services for consideration by
the city council
 Aid in coordinating the
recreation and community
services with the programs
of other governmental
agencies and voluntary
organizations
 Contract Class Application
and review of process
 Updates/Recommendations
to municipal codes that
pertain to parks
 Policy discussions for sports
leagues
 Recommendation for grant
applications
 Park Signage discussion
 CIP Updates and Progress
Reports

Page 1273 of 1492 ends

 Provide recommendations to
the city council for such
long-term capital outlay as
may be necessary to provide
for an orderly and
coordinated park
development program
 Act in an advisory capacity to
the city council to develop
strategies that maximize the
Simonson Center's fiscal
efficiency while promoting
quality fitness and
recreational services to the
citizens of the city
 As necessary, consult with
the recreation and
community services director
and/or city administrator
regarding
administrative/police issues
and fiscal matters pertaining
to the Simonson Center
 Develop a
revenue/expenditure
forecast that minimizes the
subsidy level for the
Simonson Center by doing
the following:1.Identify and
develop profit
centers,2.Evaluate
comparable facilities,
services and fees to maintain
a competitive position in the
community,3.Create
strategies for promoting the
Simonson Center through
marketing and advertising,
and4.Assess operational
expenses including staffing,
utilities, supplies and capital
outlay, etc., for the
Simonson Center.

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Upland 1st Tuesday - Quarterly 5 Members Appointed by City Council Members
 The Parks, Arts, Recreation
and Community Services
(PARCS) Advisory Committee
acts in an advisory capacity
in matters pertaining to
parklands, trails, recreational
programs, youth and senior
services, cultural arts
programs, and special events
throughout the City.
 Review plans and projects
for parks
 Set priorities for department
projects
 Allow opportunities for
community members to
speak in regards to park
issues and concerns.
 Advisory Committee

 Event Updates
 CIP Updates
 Park Expansion Discussions


BEAUMONT
(Proposed)
1 meeting per month
that fits within other
committees/commissions
5 Voting
Members

1 Student
Member
(non-voting)

Staff
(non-voting)

Limit to ONE (1)
League
representative
as the voting
member
Same term
options as
Economic
Development
Committee.

Same application and
council approval process
as other
committees/commissions
 Advise on Park
Development: Provide
input and
recommendations on the
planning, design, and
development of new
parks, playgrounds, trails,
and recreational facilities.
 Program Development:

Collaborate with the Parks
and Recreation
Department to identify
and prioritize recreational
programs and events that
meet the needs and
interests of the
community.
 Maintenance and
Improvement: Assist in
evaluating the condition of
existing parks and facilities
and make
recommendations for


Page 1275 of 1492 ends

maintenance, upgrades,
and improvements.
 Community Engagement:

Act as a liaison between
the City, residents, and
community organizations
to gather feedback,
suggestions, and concerns
related to parks and
recreation.

Page 1276 of 1492 ends

DRAFT - PARKS AND RECREATION COMMITTEE
Policies and Procedures

Section 1. Creation of Committee.

The City Council on MONTH DAY, YEAR created a Parks and Recreation Committee. The Committee shall consist of seven (7) members.

Section 2. Appointment and Qualifications of Committee Members.

The City Council shall appoint the members of the Committee. The committee shall consist of five (5) voting members and two (2) non-voting members who are at least sixteen (16) years of age.

The voting members shall consist of one (1) member of the City Council, one (1) member representing or associated with a sports league operating in the city and three (3) members of the Beaumont community. The non-voting members shall consist of the Community Services Director or his/her designee and a Student member selected from the Beaumont Youth Council.

Section 3. Excused/Unexcused Absences.

Members who serve on the committee shall plan on attending all meetings. From time-to-time members may become ill or have an emergency that conflicts with the meeting day and time. If the member informs City Staff or the Chairperson of their absence for a related reason prior to the meeting start, the absence will be considered excused. All committee members will be allowed two (2) unexcused absences within a calendar year. Any Committee member may be asked to resign or removed from the Committee after two unexcused absences.

Each member shall be allowed to send an alternate from their represented organization to fill in. The alternate will count toward the meeting quorum, but will not be considered a voting member.

Section 4. Term and Tenure of Members.

All members of the Committee shall be appointed for a term of two (2) years and shall serve at the pleasure of the City Council. Members shall serve without compensation. City Council may elect for the terms to be staggered.

Section 5. Powers and Duties.

The Committee shall be advisory to the City Council. The Committee shall hold public meetings monthly at a date and time agreeable to members of the committee.

The Committee shall have the power and duty to:
 Advise on Park Development: Provide input and recommendations on the planning, design, and development of new parks, playgrounds, trails, and recreational facilities.  Program Development: Collaborate with the Community Services Department to identify and prioritize recreational programs and events that meet the needs and interests of the community.  Maintenance and Improvement: Assist in evaluating the condition of existing parks and facilities and make recommendations for maintenance, upgrades, and improvements.

Page 1277 of 1492 ends

 Community Engagement: Act as a liaison between the City, residents, and community organizations to gather feedback, suggestions, and concerns related to parks and recreation.

In the event there is no Committee business to conduct, the meeting may be canceled. The Committee shall not utilize and/or expend City Staff or consultants time, without the prior approval and authorization by the City Council.

Section 6. Rules and Regulations.

The Committee shall appoint a chair, who shall conduct Committee meetings and report quarterly to the City Council on Committee activities and recommendations. The Committee shall adopt such rules and regulations as are needed to conduct its meetings and shall comply with the Brown Act and other applicable laws.

Page 1278 of 1492 ends

Staff Report

TO: City Council
FROM: Doug Story, Community Services Director
DATE October 17, 2023
SUBJECT: Discussion and Direction on a Proposed Facility Use Policy

Description Administrative policies and procedures manual for facility use to regulate the use and rental of community facilities and ensure that the process is fair and consistent at all facilities. Strategic Plan Target #5-Quality of Life, Goal #5-Increase Community Events/Arts and Culture – Priority Level #2

Background and Analysis:

On July 18, 2023, staff brought forth a discussion on a draft Facility Use Policy. The Community Services Department oversees facility rentals of the Community Recreation Center (CRC), Civic Center, and park pavilions for private and public events and meetings. Council’s direction was to include distinction between non-profit and private groups to allow for an equitable allocation and fee policy. This rental policy addresses those suggestions as well as provides an opportunity for designated non-profit organizations to receive no cost reservations.

Currently, the City approves facility rentals on a first-come, first-served basis. Due to the growth of the community and limited facilities, the increased demand for the use of City facilities makes it necessary to establish an equitable and fair method for allocating facility use among residents and organizations.

The Facility Use Policy has been created to ensure that the facilities are used for recreational, educational and community service functions that meet the needs of the community, as well as to set clear policies, procedures, regulations, and rental rates for such uses (Attachment A). As part of this process each user is designated into a specific group that allows for distinction in a fair and equitable manner. This allocation process allows for Beaumont-based non-profit organizations and sports leagues to receive no-cost rentals and assign facility usage based on specific criteria to ensure maximum community benefit is achieved.

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This Priority Group Classification will be verified by staff during the application process.

Non-Profit Organizations, including sports leagues, would be designated in Group B and receive priority for reservations when availability allows.

To qualify as a Beaumont-based Non-Profit Organization - Group B:

 Organization must have a charter.
 Organization must have a Board of Directors.
 Organization must have a current Determination Letter of Exempt Status, U.S.

Treasury 501c3 or certify affiliation with a national non-profit organization.  Organization must have an active Determination Letter of Exempt Status, State Franchise Tax Board.
 Organization must have Articles of Incorporation and/or Bylaws; must have an affiliation with a national governing body and the national body must have governance over the association.
 Organization must have an operating business address within City limits.

In lieu of fee waivers, the new Policy stipulates Priority Group B users are entitled to the following no cost rentals:

 One (1) facility fee waived weekday meeting per week.  Two (2) facility fee waived special events at the Albert A. Chatigny Sr.

Community Recreation Center OR Civic Center per year.

Understanding that many non-profit organizations and community groups depend on having no-cost or low-cost options for meetings and events, the City wants to ensure that those organizations who provide a community benefit would have the option of conducting meetings and the occasional special event at no cost. The provision for no- cost rentals to Group B classified groups is subject to special events and meetings only.

These meetings and events must be conducted during regular operating hours; if not the organization will be responsible for staff fees as listed in the fee schedule.

This new policy will eliminate the need for City Council approved fee waivers in certain cases and instead authorizes the City Manager and/or his or her designee to utilize the Facility Use Policy when processing facility use applications.

Fiscal Impact:

The estimated cost to prepare this report is $175.

Recommended Action:

Page 1280 of 1492 ends

Discuss and provide direction to staff, up to and including approval of the proposed Facility Use Policy.

Attachments:

A. Facility Use Policy

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CITY OF BEAUMONT

ADMINISTRATIVE POLICIES AND PROCEDURES MANUAL

Date Adopted: TBD
Last Revised: TBD
FACILITY USE POLICY Section:

1. PURPOSE

To regulate the use and rental of community facilities and ensure that the process is fair and consistent at all facilities.

2. DEFINITIONS

2.1 Applicant - An individual (18 years of age or older) or organization, that submits a completed City of Beaumont Facility Use Application and required deposit to use a Beaumont facility pursuant to the terms of this Use Policy.

The date requested by the applicant will be held provided that all terms and conditions of this policy are met.

2.2 Beaumont-Based Non-Profit - An organization that is a 501(C)(3) organization indicating status as a Beaumont based non-profit on their Articles of Incorporation. To qualify as a Beaumont Based Non-Profit:
 Organization must have a Charter.
 Organization must have a Board of Directors.
 Organization must have a current Determination Letter of Exempt Status, U.S.

Treasury 501c3 or certify affiliation with a national non-profit organization.  Organization must have an active Determination Letter of Exempt Status, State Franchise Tax Board.
 Organization must have Articles of Incorporation and/or Bylaws. Must have an affiliation with a national governing body. The national body must have governance over the association.

2.3 Sports Organization - An organized entity that has been established to provide recreation or competitive sports programs, activities, practices or games for youth and/or adult participants in Beaumont. For details, see Section 5.

2.4 Beaumont Unified School District - Any school or sports groups within the BUSD boundaries. Groups must provide a letter from their school identifying the group as an official school group, as well as provide insurance coverage from the Beaumont Unified School District, additionally insuring the City of Beaumont.

2.5 Government Agencies – Includes the following agencies: Riverside County agencies, districts, and authorities; State of California departments, multi-

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2 of 16

city organizations, and Joint Powers Authorities to which the City belongs; federal agencies; and, the Beaumont Police Department, when acting in an official capacity.

2.6 Facility Supervisor - The Community Services Department Recreation Manager or designee.

2.7 General Meeting - A meeting open to the membership of the organization.

This general meeting is for the sole purpose of cond ucting official business for the organization, not to include outside factors such as caterers, vendors, entertainment, or any type of outside business.

2.8 Facility Fee – Refers to the fees associated with the rental of a given room/facility. Fees are based on a two-hour minimum.

2.9 Staff Fee – Staff fees are incurred during reservations taking place outside of regular office hours for each facility. Hours are billed at a two -hour minimum at the rate set forth in the City of Beaumont Fee Schedule. Staff fees are excluded from reservations with an approved fee waiver and/or “free” reservations.

3. RESPONSIBILITY

The Community Services Department is responsible for the administration of this policy.

4. POLICY

4.1 USER GROUP CLASSIFICATION
Group A: City of Beaumont sponsored and co-sponsored classes, events and programs, governmental agencies serving
Beaumont’ residents and the Beaumont Unified School District.

Group B: Beaumont based non-profit organizations or Sports Organizations.

Group C: Beaumont resident or business.

Group D: Non-Beaumont resident, non-profit based outside of Beaumont, or businesses.

4.2 HOLIDAYS

4.2.1 Facilities will be closed on the following observed holidays: Martin Luther King Jr. Birthday, Presidents’ Day, Easter Day, Memorial Day, Independence Day, Labor Day, Indigenous Peoples’ Day, Veterans Day, Thanksgiving Day/Day After Thanksgiving,
Christmas Eve, Christmas Day, New Year’s Eve, and New Year’s

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3 of 16

Day.

4.3 APPLICATION PROCESS

4.3.1 All Facility Use Applications must be completed at least thirty (30) days prior to the requested date of use.

4.3.2 Reservations made less than (30) days in advance of the date requested will be accepted only if the facility and required staffing elements are readily available. All applicable fees must be paid at the time of completing a facility contract.

4.3.3 A facility reservation must be made in person by the applicant on a “first come first served basis” at the Albert A. Chatigny Sr.

Community Recreation Center.

4.3.4 All applicants must complete a City of Beaumont Facility Use Application and all applicable fees and deposits paid per the Council-adopted master fee schedule at the time of completing a facility contract. The Applicant shall be classified and assigned a User Group Classification in accordance with the definitions and priority ranking set forth in Section 4.1 of this policy. The applicant must sign the contract and agree to all terms and conditions therein.

4.3.5 The City reserves the right to direct requests for rooms to other City facilities which are deemed more appropriate for the type of request or deny requests if they are deemed inappropriate for the facility.

4.3.6 Applicant shall NOT transfer, assign, or sublet use of the facility, or apply for use on behalf of another person or organization.

4.3.7 Upon approval of an application, a “Facility Use Contract” will be issued authorizing the requested use of the facility. Applicant must sign the contract and agree to all terms and conditions therein. The Facility Supervisor may attach conditions to the contract, as they deem necessary, for the protection of public health, safety, and welfare of the patrons and the facility.

4.3.8 Depending upon the nature of the reservation, the Community Services Director or designee may require additional fees, insurance, and/or security personnel.

4.3.9 The City reserves the right to deny any application, as they deem necessary for the protection of public health, safety, and welfare of the patrons and facilities. Applications may also be denied for the following reasons:

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4 of 16

 The Applicant has previously used the facility and failed to comply with applicable rules and conditions, or due to damage or lack of cleaning, and did not receive all or partial of its cleaning/alcohol deposit back.

 The Applicant has twice before cancelled a scheduled event in the facility without prior notice.

 All initial deposit(s) will be returned within six (6) weeks of any denial.

4.4 DEPOSITS AND PAYMENTS

4.4.1 To reserve a date, the facility deposit made at the time of the reservation. The remaining facility rental balance must be paid fifteen (15) days prior to the reservations date.

4.4.2 Credit cards (VISA, MasterCard, or Discover Card only), personal check, Cashier’s Check, or Money Orders are acceptable methods of payment sixty (60) days or more prior to reservation. Rental fees paid fifty-nine (59) days or less, may not be made by personal check. Checks must be made payable to “CITY OF BEAUMONT.” There is a non-refundable convenience fee charged on all credit/debit card transactions.

4.4.3 If the Applicant’s check is returned to the City for any reason, a fee will be assessed in addition to any fees due and payment must be made in cash or Cashier’s Check by the deadline stated in letter.

4.4.4 Additional fees may vary depending on the reservation.

Requirements for extra fees may include additional City staff, special equipment use, security personnel, and/or insurance.

4.5 CANCELLATION PROCEDURES

4.5.1 Applicant is responsible for notifying the Community Services Department, in writing by completing a cancellation form, for any changes or cancellations.

4.5.2 The City will not be liable to applicant for any outside costs incurred due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, natural catastrophes, City emergencies that cause facilities to open as emergency shelters, governmental acts or omissions, changes in laws or regulations, national strikes, fires, or explosion. If a facility rental is cancelled for any of the above reasons, the Applicant will receive a full refund on any facility rental fees paid.

4.5.3 User Group B, C & D

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5 of 16

 Reservations cancelled fifteen (15) days or more prior to the event will receive a refund minus a $20 processing fee.

 Reservations cancelled fourteen to six (14-6) days prior to the event will receive a refund, minus 20% of rental fees paid to reserve the facility.

 Reservations cancelled five (5) days or less prior to the event date will not receive a refund on the rental fees.

 Users who fail to show up or cancel their “free” reservation without a five (5) official City working days (Monday – Friday) notice, will be assessed user group hourly rates. Future privileges may be revoked.

4.6 GENERAL RULES AND REGULATIONS APPLICABLE TO ALL

FACILITIES

4.6.1 The City of Beaumont reserves the right to suspend use of a facility to those groups or individuals not complying with the established rules and regulations.

4.6.2 Supervision by facility staff is necessary for the public’s safety and well-being. Facility staff will be responsible for, and has complete authority, over the use of the facility, all equipment, participants, activities, alcohol service, and security guard(s) on site. Facility staff has the authority to request changes in activities or cessation of activities, if they do not conform to the facility policies and regulations, and/or may cause damage to the facility. Users must comply with these requests and instructions. The City reserves the right to require security whenever it deems it appropriate.

4.6.3 The Applicant must check in with the City’s on-site staff at the start time of the reservation and must be present for the ENTIRE RESERVATION. Applicant must cleanup and checkout with the City’s on-site staff at the conclusion of the reservation.

4.6.4 The Applicant shall accept full responsibility for damage to equipment or properties and will incur all costs to repair damages to equipment and/or the facility.

4.6.5 A group must have at least one (1) adult for every ten (10) minors at any given event/meeting.

4.6.6 A caretaker must accompany participants (children and adults) who are not able to attend to their personal needs for the duration of their stay.

4.6.7 Neither the City of Beaumont nor their agents, officials, employees, and/or volunteers will be held responsible for loss, damage, or theft of equipment, nor articles owned by the Applicant and/or their

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guests.

4.6.8 No person shall smoke tobacco, electronic smoking devices, cigarettes, pipes, or cigars at any City of Beaumont facility, except that tobacco products may be smoked in outside areas designated by the City Manager for and during certain special events per Beaumont Municipal Code section 8.42.010

4.6.9 Any Applicant desiring to charge an admission fee, donations, and/or sell any items, must submit a written request at the t ime of the reservation. No monies may be exchanged at the facility without prior written authorization from the Community Services Director or designee. Additional insurance may be required. Commercial use is permitted with a valid Beaumont Business License.

4.6.10 Gambling is not allowed on City property per Beaumont Municipal Code Section 9.08.010.

4.6.11 All fundraising efforts (including raffles or donations) must have prior approval from the City, and abide by all state and federal laws, including providing the necessary permits. Additional fees may be required. No monies may be exchanged at the facility without prior written authorization from the Community Services Director or their designee. Applicant must submit a written request at the time of the reservation.

4.6.12 Animals are not permitted inside City facilities except service animals per Beaumont Municipal Code section 6.04. Animals being used for commercial or event purposes outside may be permitted by the Community Services Director or their designee. The animal(s) must remain under the control of the Animal Handler at all times. The Animal Handler must provide the necessary insurance per section 4.7 of this policy. If approved, additional deposit may be required.

4.6.13 Sleeping or lodging is not permitted at City facilities.

4.6.14 Food and Beverage regulations apply to all rentals. Food service must be provided by a licensed caterer, restaurant, or deli. For all on-site catered services and cooking, a valid Riverside County Public Health Permit must be submitted at lea st fifteen (15) days prior to the reservation date.

4.6.15 All food and beverages must be consumed within designated areas.

4.6.16 The Facility Supervisor may require any group of any size to have a security guard present during reservation.

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4.7 INSURANCE REQUIREMENTS

4.7.1 All users of the facilities shall procure and maintain, at their own expense and for the duration of the event covered, Comprehensive General Liability Insurance in the amount of one million dollars ($1,000,000) per occurrence, and two million dollars ($2,000,000) general aggregate. The coverage shall include bodily injury, personal injury, and property damage. An Additional Insured Endorsement from the Applicant’s insurer naming the City of Beaumont must accompany the evidence of Comprehensive
General Liability Insurance.

4.7.2 The approved ORGANIZATION or Applicant, whose name appears on the reservation application, must secure the liability insurance.

4.7.3 If alcohol is to be served, full liquor liability coverage is required.

4.7.4 Insurance must be submitted no later than fifteen (15) days prior to event date.

4.8 DECORATING, SETUP, AND CLEANUP.

4.8.1 All applicants must submit an event floorplan. A floorplan must be submitted at least fifteen (15) days prior to event and must receive written approval prior to event.

4.8.2 Supplies and items may not be dropped off and vendors may not utilize the facility until the paid contracted time. Applicant shall discuss with vendors time constraints for preparations/cleaning in order to determine sufficient time is reserved and available.

4.8.3 All unloading and loading must be done from parking stalls, properly marked loading curbs, or designated drop-off areas.

4.8.4 City equipment may not be moved, rearranged, or altered for purposes other than its intended use. City equipment shall not be removed from any facility.

4.8.5 The City will provide setup of City AV equipment only, prior to facility rental start time, based on room facility capacities per City Fire Code regulations.

4.8.6 Decorations require prior approval by City staff and must conform to all City Fire Code regulations. Decorations must be fireproof.

Decorations, tents, draping, or other equipment must be included in the submitted floorplan and must receive written approval prior

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to event date.

4.8.7 Decorations must not be displayed or installed in such a manner that would damage or deface furniture, fixtures, or structure of the facility. The use of duct tape, nails, staples, or other sharp materials or instruments is NOT permitted. Prior approval for adhesive or magnetic materials must be given by the Facility Supervisor or designee.

4.8.8 The use of indoor/outdoor “cold pyrotechnic displays,” smoke/fog machines, incense, confetti, rice, glitter, birdseed, hay bales, balloon shine spray or the release of balloons, are NOT PERMITTED.

4.8.9 Cleanup is the Applicant’s responsibility and includes, but not limited to sweeping/mopping, wiping of table-tops, cleaning of chairs, disposing of all trash into proper receptacles, mopping of kitchen floor, wiping of counter tops and kitchen equipment, all user-owned or leased (non-City owned items) by the end of the rental. Storage is not provided at City facilities.

4.8.10 Any non-City owned personal or rental items brought in for use by the Applicant must be removed prior to the contracted time. Any items left behind are subject to immediate disposal.

4.8.11 Decorating, setup, and cleanup must be completed within the approved reservation time. Any thirty (30) minute increment of time that extends beyond the reserved hours will be deducted from the reservation deposit in one hour increments for staff time.

4.9 USE OF CANDLES AND OTHER OPEN-FLAME DEVICES

4.9.1 Fire/Open Flame use is strictly prohibited without written approval by Facility Supervisor depending on request. Request for permit, along with sample candle or open flame device, must be submitted to City staff a minimum of fifteen (15) days prior to reservation date.

4.9.2 Sterno heaters for food warming are allowed without a permit if sterno’s are placed under a chafing dish on a table with no guests seated at the table.

4.9.3 Propane containers (or similar Class I and II liquid fuels) are prohibited inside City facilities at all times.

4.9.4 Barbecuing will NOT be permitted outside City facilities without prior written approval from the Facility Supervisor or designee. If determined to be approved, any/all outdoor cooking shall only be

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done in areas specifically designated for such type of cooking and can only be done through a licensed caterer that provides a valid Riverside County Public Health Permit. Caterers may be required to provide necessary insurance per Policy Section 4.7, and additional deposit may be required.

4.10 AMPLIFICATION SYSTEM

4.10.1 Amplification systems, including music, blue-tooth speakers, public address systems, DJs, karaoke, film/video systems, and other large systems, will not be permitted without prior written approval.

Additional fees and insurance may be required.

4.10.2 Amplification systems shall be permitted at designated outdoor rental areas between the hours of 7:00 a.m. and 10:00 p.m., Monday through Sunday.

4.10.3 Only patrons 18-years and older will be allowed to operate any facility owned amplification system.

4.10.4 The use of profane, defamatory, lewd, vulgar, belligerent, or malicious language will not be tolerated and is grounds for suspension of use. Failure to comply with the Amplification System requirements will result in loss of privileges to use system.

4.11 ALCOHOL

4.11.1 Alcohol is permitted at Albert A. Chatigny Sr. Community Recreation Center and Beaumont Civic Center. A permit from the California Department of Alcohol Beverage Control may also be required, depending on the type of event.

4.11.2 Alcohol use refers to ANY beverage that contains alcohol.

4.11.3 The City reserves the right to place restrictions on the use of alcoholic beverages in accordance with State Law and City Ordinances.

4.11.4 No alcoholic beverages shall be served to any person under 21 years of age. Injuries caused to a person as a result of alcoholic beverages being served to, or consumed by, a minor on City premises, arising off the City premises, or as a result of alcohol being available on City’s premises, shall be the sole responsibility of the Applicant. The applicant’s failure to comply, monitor and enforce this provision is grounds for terminating the activity immediately, with forfeiture of the refundable deposits and all of the facility rental fees.

4.11.5 Security Guard(s) are required to be present at all events where

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alcohol is served. Cost of the security is the responsibility of the Applicant. Applicant must arrange for security to be available a minimum of thirty (30) days prior to event, pay all fees associated with security and provide a copy of the contract to the City. Number of security guards is determined by the number of guests.

 Any event that permits or provides alcohol beverages, and/or permits dancing, shall be required to include a uniformed, licensed and bonded security guard or Peace Officer for every 50 attendees/patrons expected to participate, with a minimum of one such guard or officer per Beaumont Municipal Code section 9.03.060

4.11.6 Serving and/or selling of alcoholic beverages may be allowed for a MAXIMUM OF FIVE (5) CONSECUTIVE HOURS. Serving of
any alcoholic beverages MUST END ONE (1) HOUR BEFORE
the scheduled reservation’s conclusion.

4.11.7 Alcohol may NOT be served or sold prior to or beyond the approved alcohol service time.

4.11.8 Alcohol must be distributed in individual servings from behind a table or bar. A server or bartender must monitor the bar at all times.

The server(s) must be at least 21 years of age or older and be responsible in ensuring that no minor is served alcohol. The server must ensure that guests are not over-served. The server or bartender may not consume alcohol while on duty.

4.11.9 There will be NO drinking directly from alcohol bottles or cans.

Champagne bottles must be opened only in the kitchen.

4.11.10 The California Department of Alcoholic Beverage Control (ABC) requires a license when alcohol is being served or sold at an event that is open to the public that requires an admission fee, donation, or “other fee” such as tickets/raffles, or tips. Private parties such as weddings, anniversaries, birthdays, meetings, shall not sell alcohol on their own and must arrange this service through a licensed caterer. The caterer must have a license obtained from ABC, which enables the caterer to sell beer, wine, and distilled spirits. If the caterer does not have this license, the private party cannot sell alcohol. NO EXCEPTIONS. It is illegal for a private party to sell alcohol on their own.

 A copy of the ABC license must be furnished to the City a minimum of seven (7) days prior to the reservation date.

 A copy of the ABC license must be posted in plain sight, near the bar, and other locations where alcohol is being served.

 Failure to comply with any regulations will result in IMMEDIATE REVOCATION OF PERMISSION to use

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alcohol and termination of the event without refund.

4.12 FACILITY SPECIFIC RULES FOR THE BEAUMONT CIVIC CENTER & ALBERT A. CHATIGNY SR. COMMUNITY RECREATION CENTER.

The facilities are intended to be used for meetings, workshops, trainings, special events, parties, forums, and other community related activities.

CIVIC CENTER OFFICE HOURS

Monday – Thursday: 8:00 a.m. to 5:00 p.m.

Friday: 8:00 a.m. to 12:00 p.m.

Saturday & Sunday: CLOSED

COMMUNITY RECREATION CENTER OFFICE HOURS

Monday – Thursday: 8:00 a.m. to 5:00 p.m.

Friday & Saturday: 8:00 a.m. to 12:00
Sunday: CLOSED

4.12.1 The use of the facility outside of regular business hours require additional payment for a city employee to be present in the building for the full length of your use. The Staff Fee is charged per hour of use for a city employee to be present during the rental activity.

4.12.2 User Group Reservation Priority

Group A: Up to twelve (12) months in advance and are limited to twelve (12) bookings per year, unless approved by the
Community Services Director or designee.

Group B: Up to six (6) months in advance.

 All Group B users are limited to the following:
• One (1) “free” weekday meeting per week.

• Two (2) “free” special events at the Albert A. Chatigny Sr. Community Recreation Center OR Civic Center per
year.

• Beaumont approved scout troops receive one (1) “free” 2-hour reservation per troop, per month.

 All “free” reservations are based on availability, limited to one room at the facility, and must take place during regular business hours.
 Reservations taking place outside of normal office hours are

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subject to Staff Fees.
 Practices and games are NOT eligible for fee waiver.

Group C: Up to twelve (12) months in advance; limited to six (6) bookings per year, unless approved by the Community
Services Director or designee.

Group D: Up to twelve (12) months in advance; limited to six (6) bookings per year, unless approved by the Community
Services Director or designee.

4.12.3 Kitchen Use

All kitchen areas must be cleaned and returned to the condition they were in when the Applicant first arrived. All counter tops and equipment must be wiped clean. All spills in refrigerator, microwave, and on floors must be cleaned and/or mopped. All trash from kitchens must be placed in the proper trash receptacles.

 Applicant must provide all kitchen utensils (i.e. pots, pans, serving utensils, silverware, etc.).

 Any outside catering, including food trucks, taco carts, BBQ companies, etc., must provide a valid copy of their Riverside County Public Health Permit.

 All personal items must be removed after each scheduled use.

Any items left will be disposed of immediately.

 Equipment available includes refrigerator, freezer, warming top, hot food service unit, work tables, prep sink, wash sink, and ice machine.

 Fee for use of the kitchen is stated on the fee schedule.

5. SPORTS ORGANIZATIONS

The City of Beaumont Community Services Department coordinates the allocation of designated sports fields and facilities to requesting qualified organizations based on residency, fairness, impartiality and need in accordance with seasonal sport priorities.

5.1 DEFINITIONS

5.1.1 Beaumont-based Resident Youth Non-Profit Organization (RYNP).

To qualify for a RYNP rate:
 Organization must have a Charter.
 Organization must have a Board of Directors.
 Organization must have a current Determination Letter of Exempt Status, U.S. Treasury 501c3 or certify affiliation with a national non-profit organization.

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 Organization must have an active Determination Letter of Exempt Status, State Franchise Tax Board.
 Organization must have Articles of Incorporation and/or Bylaws. Must have an affiliation with a national governing body. The national body must have governance over the association.
 Organization must coordinate league within City limits, schedule games based on registration for play in Beaumont, and maintain an 80% overall residency of participants.
 Registration must be open to any Beaumont resident and not based on skill level. Every player must play. No club/elite, no travel.  Organization must submit game schedules prior to the start of season.

Schedules must match team rosters submitted.
 Organization must be managed by volunteers. All coaches must be background checked and have completed coaches training. Background checks must be conducted by a third party and must meet requirements for a state and federal level background check.
 Organization must uphold parents, coaches and participants to an approved “Code of Conduct,” as initiated in their Bylaws and rules and regulations.

NOTE: Failure to submit and uphold all members of an organization to an approved “Code of Conduct” may result in an organization’s forfeiture of all field allocations.
 Organization must conduct all sport related activity on issued field space and within time allocated based on permits.

5.1.2 League – An organization consisting of at least four (4) teams. The league must have multiple teams in same age bracket.

5.1.3 Resident - Any participant that lives in Beaumont will be considered a Beaumont resident for priority status evaluation and allocation of athletic facilities. For the purpose of this document, “resident” shall be defined as an individual living within the incorporated boundaries of the City of Beaumont. RYNP groups must have 80% or more of the participants living within the city limits of Beaumont, California to receive priority field consideration. Verification of residency will be conducted through an aud it of registration forms performed by City Staff. It is recommended that all organizations collect proof(s) of residency from all participants and may consist of utility bills or ID with address and names of participants and or family members on them. City Staff will periodically conduct audits of registration forms collected and stored by organizations to determine if the 80% residency requirement is met.

5.1.4 Non-Resident – For the purpose of this document, “non-resident” shall be defined as any individual li ving outside the incorporated boundaries of the City of Beaumont. Non-resident groups having less than 80% of the participants per team living within the incorporated area of the City of Beaumont shall be classified as “non-resident”. An organization or company located outside the incorporated boundaries of the City of Beaumont shall be classified as “non-resident”. Participants unable to furnish proof of residency

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shall be classified as “non-resident”.

5.1.5 Participant – In a youth league, “participant” shall include only those players up to and including seventeen (17) years old that are fully registered with a user organization. In an adult league, “participant” shall include only those players eighteen (18) years of age or older.

Non-players such as coaches, officials, staff, etc., shall not be included in the total number of organizational participants or used to calculate the percentage of residency for the purposes of allocating fields.

5.1.6 Recreational League – In a recreational league, rules require that everyone must play. Registration is open to everyone.

5.1.7 Competitive League – In a competitive league, there is no minimum play rule, and they have a selective registration process. (Travel clubs, Travel Teams)

5.2 RESIDENT YOUTH NON-PROFIT ORGANIZATION PAPERWORK

In addition to the criteria to qualify for the RYNP status, the league must also provide the following:
 Complete team rosters including participant’s name, address, city, zip code and phone number. Included with the rosters should be a utility bill for each individual participant. The name on the utility bill must match the parent or guardian of the youth participant. Examples: gas, electric, phone, cable, and/or water bill. Not accepted: school I.D., driver’s licenses or birth certificates. NOTE: The Cit y of Beaumont and its staff reserve the right to audit or verify any information submitted on rosters at any time to verify participation or residency. Incomplete rosters or rosters with less than the age division or minimum player rule per team will not be accepted.
 Complete list of names, addresses, telephone numbers and email addresses of current Board of Directors.
 Valid Certificate of Insurance and Endorsement
 Master Calendar of events.
 Valid City of Beaumont Business License.
 Signed Field Use and Maintenance Agreement.
 Copy of the organizations Code of Conduct.

5.3 APPLICATIONS AND FEES

5.3.1 Sports Organizations utilizing indoor facilities must follow the City Council adopted Sports Field Policy in addition to the Facility Use Policy. In terms of fee associated with use, a single court is equivalent to a field.

5.3.2 Failure to submit the required paperwork with a completed application may result in loss of priority status and possible loss of some or all requested facilities.

6. VARIANCES REQUEST PROCESS

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An Applicant may request a variance from one or more of the rules listed above in the event that unusual circumstances make it impossible or infeasible to conduct the event within the precise parameters of this policy.

 Rental of facility beyond stated closing times.

 Use of the parking lot for any purpose other than parking the cars of facility users in marked stalls.

 The use of multiple rooms, facilities, and or spaces not normally scheduled for use that may result in parking of event attendees in areas beyond the boundary of City facilities, or events not covered in this policy.

 For user groups not eligible for free reservations (Groups C & D only) or a Group B exceeding their allotted no fee reservation, a fee waiver request may be submitted when it is determined that the use by the organization will provide a substantial and measurable benefit to the Beaumont Community. Must be approved by the Community Services Director or designee. A maximum of two fee waivers may be issued per organization per calendar year.

6.1 Requests must be submitted in writing to the Community Services Director.

The request must set forth the unusual circumstances that justify a deviation from the original policy.

6.2 Variances will be granted only upon a finding that the circumstances presented are unusual and not likely to recur often, the granting of the variance will not set a precedent, and the variance will not be detrimental to public health, safety or welfare, or disruptive to other events occurring in the facility at the same time or to the immediately surrounding neighborhood.

6.3 In the event a variance is granted, the Applicant will pay any supplemental fees necessary to compensate the City for additional costs associated with the variance.

6.4 Appeals to the Fee Waiver Process may be submitted to the Parks and Rec Committee for review and consideration.

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7. RENTAL FEES

ALBERT A. CHATIGNY SR. COMMUNITY RECREATION CENTER
Deposit Private Non-
Profit
*Multipurpose Room 1/2 or 3
MP 1/2 Occupancy 30
MP 3 Occupancy 16
$100 $50/Hour $40/Hour
*Class Room 1 or 3
RM 1 Occupancy 20
RM 3 Occupancy 25
$100 $50/Hour $40/Hour
*Dance/Fitness Room
Occupancy 25 $250 $65/Hour $50/Hour
Kitchen $250 $150/Day $150/Day
*Gymnasium
Occupancy 700 $500 $150/Hour $125/Hour
Building Attendant
Required for events after regular business hours N/A $20/Hour $20/Hour *Two (2) hour minimum
Reservations require insurance

BEAUMONT CIVIC CENTER
Deposit Private Non-
Profit
*Gymnasium
Occupancy 500 $500 $150/Hour $125/Hour
Building Attendant
Required for all events N/A $20/Hour $20/Hour
*Two (2) hour minimum
Reservations require insurance

COMMUNITY PARK PAVILIONS
Deposit Private Non-Profit
Pavilion $250 $25/Hour $25/Hour
Restroom Key $50 N/A N/A
Reservations require insurance

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Staff Report

TO: City Council
FROM: Sean Thuilliez, Chief of Police
DATE October 17, 2023
SUBJECT: Approve the Purchase of Ten Police Vehicles

Description Request to approve the purchase of a total of ten police vehicles (six from ISF and four from General Fund).

Background and Analysis:

The Fiscal Year 23/24 budget includes replacing six ageing police vehicles and increasing the fleet with six new vehicles. In searching to purchase vehicles, the four largest police vehicle dealerships and local dealers were contacted. All four regional dealerships reported that Ford had canceled all 2024 model year orders, and two dealerships reported that their Ford representative informed them that due to the current labor strikes and being behind on building vehicles for civilian and federal contracts, Ford may not accept orders for new police vehicles until the 2025 model year.

When these dealerships were contacted, Brannen Motors in Georgia had twenty-two 2023 Ford police vehicles available. Two days later, when a quote was requested, they only had sixteen left. Nationwide, these sixteen vehicles are the only police-rated vehicles available (including Ford, Chevy, and Dodge). Beaumont Municipal Code

3.01.100 authorizes the purchase of these vehicles under the “No Competitive Market” exclusion to the formal bid process.

The vehicle purchases will be assigned as follows:

New:
1- Ford Police SUV (to accommodate the two new budgeted Police Officer positions) 1- Ford Police SUV (for the Crime Suppression Unit)
1- Ford Police SUV (for the COPPS Team Supervisor)
1- Ford Police SUV (for third SRO)

Replacements:
1- Ford Police SUV (replacing 2017 Ford - 1FM5K80HGD65307) 1- Ford Police SUV (replacing 2018 Ford - 1FM5K8AT2JGA44108)

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1- Ford Police SUV (replacing 2017 Ford - 1FM5K8D82HGD65308) 1- Ford Police SUV (replacing 2005 Ford - 1FMZU73E15ZA76028) 1- Ford Police SUV (replacing 2020 Ford - 1FM5K8AB1LGC51194) 1- Ford Police SUV (replacing 2020 Ford - 1FM5K8AB3LGC51195)

Future Costs for Outfitting
The cost for each Ford police vehicle from Brannen Ford is $48,950, including shipping.

The vehicles will then need to be outfitted with emergency lights, equipment, radios, and decals. The outfitting and estimated tax and licensing for CA is $43,826 per vehicle.

Estimated Cost per Vehicle
Vehicle $48,950
Tax and License: $ 4,500
Emergency Equipment $23,876
Police Decals $ 950
Mobile Computer $ 8,000
Radio $ 6,500
Total $92,776

The police vehicles available are silver in color. Eight of the ten police vehicles will be assigned to patrol operations, which will require them to be painted white. Quotes from local businesses have estimated the cost to paint each vehicle at $8,000.

Vehicle (total cost) $92,776
Paint (8 of 10 vehicles) $ 8,000
Total $100,776
Fiscal Impact:

The FY23/24 budget is estimated to be short for this purchase. A future budget amendment will be needed to cover the unbudgeted difference and is estimated to be $82,216 for the General Fund and $150,764 for the Internal Service Fund.

The cost to prepare this staff report is estimated at $810.

Recommended Action:

Approve the purchase of ten police vehicles from Brennan Motors in the amount of $489,500.

Attachments:

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A. Quote from Brannen Motors

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1080 2nd Street
PO Box 746
Unadilla, GA 31091
P: (478) 627-3221 F: (478) 627-9550
www.brannenmotorcompany.com

SOLD TO: BEAUMONT CALIFORNIA POLICE

DATE: 10-5-2023

INVOICE / QUOTE #

QTY. DESC. YEAR MAKE/ MODEL NEW
OR
USED

VIN PRICE PER
UNIT
Price
includes
delivery to
customer
SALES:

GOV/FLEET
10 SILVER 2023 FORD

INTERCEPTOR
SUV 3.3 AWD
NEW

PGA35412
PGA32709
PGA32547
PGA35528
PGA32710
PGA32528
PGA32650
PGA32471
PGA32748
PGA32447
$48,950.00 KELLEY/REED
DEPARTMENT:

PRICE OF CAR

FREIGHT AND

HANDLING
OPTIONAL EQUIP.

ACCESS.

LICENSE AND TITLE

PLEASE FEEL FREE TO

CALL OR EMAIL WITH

ANY QUESTIONS OR

CONCERNS-

TOTAL-

PHONE CONTACT-

VEHICLE(S)
EMAIL-

JAKE KELLEY

GOV/ FLEET
BRANNEN MOTOR CO.
229-322-9702
[email protected]

NO ADDED FEES

GPC APPLIED

PER UNIT

JAKE KELLEY

GOV/ FLEET
BRANNEN MOTOR CO.
229-322-9702
[email protected]

$489,500.00

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BILLING DEPARTMENT
[email protected]
REPLY TO:

Palm Springs, California
October 3, 2023
CITY OF BEAUMONT PROFESSIONAL SERVICES THRU: 9/30/2023
TOTAL DUE: $108,803.34
Sincerely,

SBEMP,LLP
By: Accounting Department

Page 1302 of 1492 ends

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
October 3, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Cazares&Rosa
Professional services through: 9/30/2023: Invoice # 82525 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $18,390.55

Page 1303 of 1492 ends

E-MAIL INVOICES
Our file no:

City of Beaumont*Deryke
Professional services through: 9/30/2023: Invoice # 82526 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $10,553.75

Page 1304 of 1492 ends

E-MAIL INVOICES
Our file no:

City of Beaumont*Iloputaife
Professional services through: 9/30/2023: Invoice # 82527 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $9,612.32

Page 1305 of 1492 ends

E-MAIL INVOICES
Our file no:

City of Beaumont*Murphy
Professional services through: 9/30/2023: Invoice # 82528 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $1,815.00

Page 1306 of 1492 ends

E-MAIL INVOICES
Our file no:

City of Beaumont*Police Dept
Professional services through: 9/30/2023: Invoice # 82530 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $2,390.00

Page 1307 of 1492 ends

E-MAIL INVOICES
Our file no:

City of Beaumont*Reeves&Leggit
Professional services through: 9/30/2023: Invoice # 82531 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $55.00

Page 1308 of 1492 ends

E-MAIL INVOICES
Our file no:

City of Beaumont*Urban Logic
Professional services through: 9/30/2023: Invoice # 82533 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $38,166.00

Page 1309 of 1492 ends

E-MAIL INVOICES
Our file no:

City of Beaumont*Wright
Professional services through: 9/30/2023: Invoice # 82536 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $3,213.72

Page 1310 of 1492 ends

E-MAIL INVOICES
Our file no:

City of Beaumont-Labor&Employ
Professional services through: 9/30/2023: Invoice # 82537 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $6,536.70

Page 1311 of 1492 ends

E-MAIL INVOICES
Our file no:

City of Beaumont-OverRetainer
Professional services through: 9/30/2023: Invoice # 82538 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $10,563.80

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E-MAIL INVOICES
Our file no:

City of Beaumont-Retainer
Professional services through: 9/30/2023: Invoice # 82539 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $7,506.50

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Bank Name Beginning Bank
Balance
September 1,
2023
Deposits Payments Ending Bank
Balance
September 30,
2023
Wells Fargo Checking 3,020,373.00 32,265,743.22 32,279,754.22 3,006,362.00 Wells Fargo ‐ Sweep 34,236,022.93 5,455,213.23 24,831,055.71 14,860,180.45 Bank of Hemet ‐ Payroll 1,713,315.75 2,500,000.00 1,622,814.16 2,590,501.59 Bank of Hemet ‐ Gas Tax 4,444,925.35 119,345.22 ‐ 4,564,270.57 Bank of Hemet ‐ Evidence and Seizure Fund 344,393.53 27.36 ‐ 344,420.89 Bank of Hemet ‐ Construction 8,186,390.36 650.43 ‐ 8,187,040.79 BMO Harris Bank CDs 5,000,000.00 ‐ ‐ 5,000,000.00 US Bank Portfolio 69,901,710.94 142,080.24 128,625.50 69,915,165.68 US Bank Liquidity 11,244,994.52 47,186.45 70.28 11,292,110.69 PARS 2,580,621.01 2,580,621.01
Wilmington Trust 54,566,933.11 47,857,249.82 79,026,705.38 23,397,477.55 Grand Total 195,239,680.50 40,530,246.15 137,889,025.25 122,340,673.67 *PARS statement not yet received at time of reporting
Summary of Cash Balances

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*Beginning Balances are not final until the prior fiscal year audit is complete.

Beginning Fund Balance
FY 2024 Budgeted
Revenues
September
Activity
FYTD 2024 Actual
Receipts %FY 2024 Budgeted
Expenditures
September
Activity
FYTD 2024 Actual
Disbursements %T/D Ending Fund
Balance
100 GENERAL FUND 35,738,060.49 67,789,803.00 3,350,487.12 6,808,295.93 10% 70,006,721.00 2,779,141.43 15,639,453.73 22% 26,906,902.69 120 SELF INSURANCE 6,329,219.38 ‐ ‐ 0%‐ 51,625.20 68,400.94 0% 6,260,818.44 200 GAS TAX ‐ 1,566,996.00 172.15 404,988.26 26% 1,566,996.00 ‐ 0% 404,988.26 201 SB1 2,329,870.55 1,353,950.00 119,164.87 223,854.16 17% 2,018,738.00 ‐ 0% 2,553,724.71 202 MEASURE A 2,895,980.53 743,600.00 72,083.94 72,083.94 10% 2,264,528.00 ‐ 0% 2,968,064.47 205 AQMD 267,785.11 72,300.00 ‐ 0%‐ ‐ 0% 267,785.11 210 PEG 35,714.17 19,238.00 ‐ 0% 14,630.00 2,435.55 4,566.70 31% 31,147.47 215 CDBG/GRANTS (407,984.19) 4,120,150.00 409.77 1,285.71 0% 4,705,453.00 8115.16 8,115.16 0% (414,813.64) 220 COPS 523,785.60 159,459.00 ‐ 0% 71,168.00 ‐ 0% 523,785.60 225 ASSET SEIZURES (STATE) 294,397.72 ‐ 22.71 71.26 0%‐ ‐ 0% 294,468.98 230 ASSET SEIZURES (FEDERAL) 59,719.24 ‐ 0.55 1.72 0%‐ ‐ 0% 59,720.96 240 OTHER FUNDS 411,641.73 52,839.00 2,815.50 14,778.58 28% 72,839.00 5,000.00 6,075.00 8% 420,345.31 250 CFD‐ADMIN 1,329,821.12 1,802,415.00 ‐ 0% 1,802,415.00 30,000.16 2% 1,299,820.96 255 CFD‐MAINT SVCS 70,092.92 3,950,426.00 39,224.94 1% 4,851,993.00 ‐ 0% 109,317.86 260 CFD‐PUBLIC SAFETY 197,521.59 1,086,506.00 ‐ 0% 1,086,506.00 ‐ 0% 197,521.59 500 GENERAL CAPITAL PROJECTS 39,645,622.32 105,757,904.00 (34,759.34) 5,527,834.10 5% 105,990,904.00 908,628.25 2,472,522.17 2% 42,700,934.25 510 CFD CAPITAL PROJECTS 13,214,314.25 1,058,869.00 ‐ 0% 10,487,937.00 ‐ 0% 13,214,314.25 550 DIF 6,728.22 ‐ ‐ 0%‐ ‐ 0% 6,728.22 552 BASIC SERVICES DIF 1,797,292.69 238,218.00 10,396.80 22,227.55 9% 523,664.00 ‐ 0% 1,819,520.24 554 GENERAL PLAN DIF 231,129.48 27,953.00 1,000.00 3,145.65 11%‐ ‐ 0% 234,275.13 555 RECREATIONAL FACILITIES DIF 2,500,479.58 391,556.00 16,223.40 30,013.29 8% 900,000.00 ‐ 0% 2,530,492.87 556 TRAFFIC IMPACT DIF 1,445,403.62 174,068.00 6,105.80 11,446.55 7% 984,378.00 ‐ 0% 1,456,850.17 558 RAILROAD CROSSING DIF 2,969,807.09 195,490.00 6,561.60 5,739.43 3% 773,561.00 ‐ 0% 2,975,546.52 559 POLICE FACILITIES DIF 1,874,579.00 282,666.00 12,195.40 26,072.96 9% 1,515,854.00 0% 1,900,651.96 560 FIRE STATION DIF 5,799,822.34 354,691.00 5,649.44 29,650.34 8% 4,100,000.00 ‐ 0% 5,829,472.68 562 ROAD AND BRIDGE DIF 12,588,735.53 1,388,471.00 55,590.40 104,215.35 8% 11,341,021.00 ‐ 0% 12,692,950.88 566 EMERGENCY PREPAREDNESS DIF 709,121.02 344,446.00 14,592.60 32,697.17 9%‐ ‐ 0% 741,818.19 567 COMMUNITY PARK DIF 2,981,755.80 624,440.00 21,241.04 21,241.04 3% 914,828.00 ‐ 0% 3,002,996.84 568 REGIONAL PARK DIF 2,006,033.57 ‐ ‐ 0% 1,871,479.00 ‐ 0% 2,006,033.57 569 NEIGHBORHOOD PARK DIF 3,778,865.88 756,574.00 25,705.12 25,705.12 3% 1,349,000.00 ‐ 0% 3,804,571.00 570 PASS THROUGH DIF ‐ ‐ TOTALS 141,625,316.35 194,313,028.00 13,404,573.05 7% 229,214,613.00 18,229,133.86 8% 136,800,755.54 GOVERNMENTAL FUNDS

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Beginning Fund
Balance
FY 2023
Estimated
Revenues
September
Activity
FYTD 2023 Actual
Revenues %
FY 2023
Budgeted
Expenditures
September
Activity
FYTD 2023
Actual
Expenditures
%T/D Ending Fund
Balance
564 RECYCLED WATER DIF 5,342,225.08 442,851.00 15,732.80 110,758.91 25% 3,972,634.00 ‐ 0% 5,452,983.99 600 INTERNAL SERVICE FUND 8,513,966.30 1,814,483.00 ‐ 0% 6,782,273.00 6,297.80 536,671.60 8% 7,977,294.70 700 WASTEWATER 8,325,386.05 13,422,801.00 2,176,153.08 696,129.94 5% 13,726,359.00 503,874.52 1,595,415.26 12% 7,426,100.73 705 WASTEWATER DIF 9,714,063.78 2,172,351.00 138,151.96 248,120.07 11% 7,735,221.00 ‐ 0% 9,962,183.85 710 WASTEWATER CAPITAL PRO 101,176,699.30 22,577,012.00 261,309.30 1% 22,848,883.00 2,873.75 2,873.75 0% 101,435,134.85 750 TRANSIT 147.61 2,993,669.00 51,365.06 711,182.96 24% 2,993,669.00 215,442.13 580,402.20 19% 130,928.37 760 TRANSIT CAPITAL PROJECTS 2,063,852.50 14,151,692.00 (23,988.60) 0% 14,151,692.00 9,837.06 113,869.15 1% 1,925,994.75 TOTALS 135,136,340.62 57,574,859.00 2,381,402.90 2,003,512.58 3% 72,210,731.00 738,325.26 2,829,231.96 4% 134,310,621.24 PROPRIETARY/ENTERPRISE FUNDS

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Staff Report

TO: City Council
FROM: Nicole Wheelwright, Deputy City Clerk
DATE October 17, 2023
SUBJECT: Notice of Vacancy on the Beaumont Planning Commission

Description Application period will be opened for vacant Planning Commission seat.

Background and Analysis:

City Council has received notice of resignation from Planning Commissioner Anthony Colindres. Mr. Colindres has served on the Planning Commission for four (4) years. A notice of a partial-term vacancy will be published in the local newspaper and the City’s social media platforms. Applications will be due on October 31, 2023, for consideration of appointment to be held at the November 7, 2023, City Council meeting.

Fiscal Impact:

Staff estimates the cost to prepare this staff report to be $85.

Recommended Action:

Direct staff to notice the upcoming vacancy of one seat with a partial term on the Beaumont Planning Commission.

Attachments:

A. Notice of Vacancy

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Notice of Vacancy for a Partial Term on the Beaumont Planning Commission

Beaumont, CA—Notice is hereby given that the Beaumont City Council is seeking to fill one (1) vacancy on the Beaumont Planning Commission.

This is a partial term through December 31, 2024. The Planning Commission instructs the Community Development Department to exercise administrative duties where applicable including the determination of plot plans, variances and conditional use permits. The Commission conducts public hearings to consider and make recommendations to the City Council regarding general plan amendments, zone changes, zone variances, and specific plans, tentative parcel maps and tentative tract maps. The Commission considers appeals of determinations made by the Community Development Director regarding site plan reviews, signage plans, and temporary use permits.

Applications are available online at www.BeaumontCa.gov under Committees and Commission. The Beaumont City Council will conduct a review of applicants at the regularly scheduled meeting of Tuesday, November 7, 2023, at 6:00 p.m. Completed applications received by 5:00 p.m. on Tuesday, October 31, 2023, will be considered. Questions regarding the application process may be directed to the Deputy City Clerk at (951) 572-3196.

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Staff Report

TO: City Council
FROM: Nicole Wheelwright, Deputy City Clerk
DATE October 17, 2023
SUBJECT: Attendance of Members at Commission and Committee Meetings

Description Requested status of attendance for review.

Background and Analysis:

At the request of City Council, an attendance status of the Beaumont Financial and Audit Committee and Economic Development Committee and Planning Commission, has been tracked and compiled for review (Attachment A).

Fiscal Impact:

The estimated staff cost to prepare this report is estimated to be 85.00

Recommended Action:

Receive and file.

Attachments:

A. Financial and Audit Committee Attendance for 2023
B. Economic Development Attendance for 2023
C. Planning Commission Attendance for 2023

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Financial and Audit Committee - 6 Members
Meeting Date In Attendance Absent
Excused
Absence
Quorum
Met
April 10, 2023 5 1 1 yes
July 24, 2023 6 0 0 yes
*Next meeting: October 23, 2023

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Economic Development Committee - 14 Committee Members
Meeting Date In Attendance Absent Vacant
Excused
Absence
Quorum
Met
February 8, 2023 11 0 3 0 yes
March 8, 2023 11 0 3 0 yes
April 12, 2023 7 7 0 6 no
June 14, 2023 11 3 0 1 yes
August 9, 2023 9 4 1 2 yes
September 13, 2023 9 4 1 3 yes
October 11, 2023 8 6 0 4 yes

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Planning Commission - 5 Members
Meeting Date In Attendance Absent Vacant
Excused
Absence
Quorum
Met
February 8, 2023 4 1 0 1 yes
March 8, 2023 4 1 0 1 yes
May 10, 2023 4 1 0 1 yes
June 14, 2023 3 2 0 1 yes
July 26, 2023 4 1 0 1 yes
August 23, 2023 3 2 0 1 yes
September 13, 2023 3 2 0 1 yes
September 27, 2023 2 3 0 1 no
October 11, 2023 3 1 1 1 yes

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Staff Report

TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE October 17, 2023
SUBJECT: Update on Senate Bill 946 (2017-18) and Senate Bill 972 (2021-22)

Description Update to SB946 relating to sidewalk vendors and SB972 related to retail food vending.

Background and Analysis:

In 2018, the California State Legislature passed Senate Bill 946 which decriminalized sidewalk vending and allowed local jurisdictions to adopt non -criminal regulations related to public health, safety and welfare. This bill did allow cities to continue enforcement of health codes adopted through the California Retail Food Code which was the only remaining criminal enforcement option for local jurisdictions.

SB946 allows local jurisdictions to do the following:

• Limit hours of operation
• Prohibit stationary sidewalk vending in residential areas. • Prohibit sidewalk vending near farmers’ markets, swap meets, and temporary special permit areas.
• Require sanitary conditions
• Require vendors to comply with the Americans with Disability Act (for example, vendors cannot block curb ramps).
• Require a permit or license.
• Request certain information about the business’ operations • A vendor must comply with the laws at the city, county and state level

Under SB946 local jurisdictions cannot:

• Require sidewalk vendors to operate in a specific area, unless the local autho rity is restricting vending to protect the community’s health, safety, or welfare. • Require vendors to ask permission from businesses or anyone besides the government.

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• Prohibit sidewalk vendors from operating in public parks, unless the park has a concession agreement, or the park is restricting vending in to protect the community’s health, safety, or welfare.
• Restrict the number of sidewalk vendors, unless the city or county must restrict the number of vendors to protect the community’s health, saf ety, or welfare.

In 2022, SB972 was passed and took effect in January 2023. This bill further decriminalized sidewalk food vending by decriminalizing the California Retail Food Code. This law also created a “compact mobile food operation” category which operates as a person or nonmotorized conveyance with limited food preparation.

Additionally, SB972 affects existing regulations of cottage food operations and micro- enterprise home kitchens (MEHKO’s). Previously, a cottage food operation could sell home-cooked foods directly to the public and an individual running a MEHKO could operate a restaurant in their private residence. Now, under SB972, a cottage food operation or MEHKO can now also be used as a commissary or mobile support unit for up to two compact mobile food operations.

In September 2019, the City adopted Ordinance 1110 enacting Chapter 5.66 Sidewalk Vending. This section of the municipal code was drafted in compliance with SB946. In September 2023, staff from Code Enforcement, Planning and the Police Department attended a virtual seminar sponsored by the California Association of Code Enforcement Officers (CACEO) updating them on SB946 enforcement, SB 972 and other related matters. Staff in each of these departments continue to monitor legislation and seek out best practices for enforcement and ensuring compliance with State law.

Daily activity for Code Enforcement staff includes patrol throughout the City. As part of this activity, Code Enforcement ensures vendors are complying with the City’s ordinance. Code Enforcement and Police Department staff also respond to calls received regarding vendors. In the past twelve months, staff has responded to seventy- three (73) calls for service for sidewalk vending with four (4) citations issued.

Fiscal Impact:

The cost to prepare this staff report is approximately $100.

Recommended Action:

Receive and file.

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Attachments:

A. Beaumont Municipal Code Chapter 5.66 Sidewalk Vending B. SB946
C. SB972
D. California Retail Food Code

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Senate Bill No. 946
CHAPTER 459
An act to add Chapter 6.2 (commencing with Section 51036) to Part 1 of Division 1 of Title 5 of the Government Code, relating to sidewalk vendors. [Approved by Governor September 17, 2018. Filed with
Secretary of State September 17, 2018.]
legislative counsel’s digest
SB 946, Lara. Sidewalk vendors.

Existing law authorizes a local authority, by ordinance or resolution, to adopt requirements for the public safety regulating any type of vending and the time, place, and manner of vending from a vehicle upon a street.

This bill would prohibit a local authority, as defined, from regulating sidewalk vendors, except in accordance with the provisions of the bill. The bill would provide that a local authority is not required to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the provisions of the bill. The bill would apply these provisions to a chartered or general law city, county, or city and county.

The bill would require a local authority that elects to adopt a sidewalk vending program to, among other things, not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns, and not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified. The bill would authorize a local authority to, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending, as specified, if the requirements are directly related to objective health, safety, or welfare concerns. The bill would also authorize a local authority to prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market and a permitted swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, as specified. A violation would be punishable only by an administrative fine, as specified, pursuant to an ability-to-pay determination, and proceeds would be deposited in the treasury of the local authority.

The bill would require the dismissal of any criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors that have not reached final judgment. The bill would also authorize a person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk

93 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL

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vending, as specified, to petition for dismissal of the sentence, fine, or conviction.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

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

SECTION 1. (a)  The Legislature finds and declares all of the following:
(1)  Sidewalk vending provides important entrepreneurship and economic development opportunities to low-income and immigrant communities. (2)  Sidewalk vending increases access to desired goods, such as culturally significant food and merchandise.
(3)  Sidewalk vending contributes to a safe and dynamic public space. (4)  The safety and welfare of the general public is promoted by encouraging local authorities to support and properly regulate sidewalk vending.
(5)  The safety and welfare of the general public is promoted by prohibiting criminal penalties for violations of sidewalk vending ordinances and regulations.
(6)  This act applies to any city, county, or city and county, including a charter city. The criminalization of small business entrepreneurs, and the challenges that those entrepreneurs face as a result of a criminal record, are matters of statewide concern. Further, unnecessary barriers have been erected blocking aspiring entrepreneurs from accessing the formal economy, harming California’s economy in the process, and disrupting the regulation of business, which is a matter of statewide concern. Moreover, California has an interest in the regulation of traffic, a matter of statewide concern, whether in ensuring the appropriate flow of traffic or in ensuring the safety of pedestrians on the road or the sidewalk.
(b)  It is the intent of the Legislature to promote entrepreneurship and support immigrant and low-income communities.

SEC. 2. Chapter 6.2 (commencing with Section 51036) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read:

Chapter 6.2. Sidewalk Vendors
51036. For purposes of this chapter, the following definitions apply:
(a) “Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.
(b) “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction. 93 — 2 —Ch. 459

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(c)  “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.
(d)  “Local authority” means a chartered or general law city, county, or city and county.
51037. (a)  A local authority shall not regulate sidewalk vendors except in accordance with Sections 51038 and 51039.
(b)  Nothing in this chapter shall be construed to affect the applicability of Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code to a sidewalk vendor who sells food.
(c)  Nothing in this chapter shall be construed to require a local authority to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the requirements in this chapter.
51038. (a)  A local authority may adopt a program to regulate sidewalk vendors in compliance with this section.
(b)  A local authority’s sidewalk vending program shall comply with all of the following standards:
(1)  A local authority shall not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns. (2)  (A)  A local authority shall not prohibit a sidewalk vendor from selling food or merchandise in a park owned or operated by the local authority, except the local authority may prohibit stationary sidewalk vendors from vending in the park only if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.
(B)  Notwithstanding subparagraph (A), a local authority may adopt additional requirements regulating the time, place, and manner of sidewalk vending in a park owned or operated by the local authority if the requirements are any of the following:
(i)  Directly related to objective health, safety, or welfare concerns. (ii)  Necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities.
(iii)  Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.
(3)  A local authority shall not require a sidewalk vendor to first obtain the consent or approval of any nongovernmental entity or individual before he or she can sell food or merchandise.
(4)  (A)  A local authority shall not restrict sidewalk vendors to operate only in a designated neighborhood or area, except when that restriction is directly related to objective health, safety, or welfare concerns. (B)  Notwithstanding subparagraph (A), a local authority may prohibit stationary sidewalk vendors in areas that are zoned exclusively residential, but shall not prohibit roaming sidewalk vendors.
(5)  A local authority shall not restrict the overall number of sidewalk vendors permitted to operate within the jurisdiction of the local authority, 93 Ch. 459— 3 —

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unless the restriction is directly related to objective health, safety, or welfare concerns.
(c)  A local authority may, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety, or welfare concerns, including, but not limited to, any of the following:
(1)  Limitations on hours of operation that are not unduly restrictive. In nonresidential areas, any limitations on the hours of operation for sidewalk vending shall not be more restrictive than any limitations on hours of operation imposed on other businesses or uses on the same street. (2)  Requirements to maintain sanitary conditions.
(3)  Requirements necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards.
(4)  Requiring the sidewalk vendor to obtain from the local authority a permit for sidewalk vending or a valid business license, provided that the local authority issuing the permit or business license accepts a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the local authority otherwise requires a social security number for the issuance of a permit or business license, and that the number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order. (5)  Requiring the sidewalk vendor to possess a valid California Department of Tax and Fee Administration seller’s permit. (6)  Requiring additional licenses from other state or local agencies to the extent required by law.
(7)  Requiring compliance with other generally applicable laws. (8)  Requiring a sidewalk vendor to submit information on his or her operations, including, but not limited to, any of the following:
(A)  The name and current mailing address of the sidewalk vendor. (B)  A description of the merchandise offered for sale or exchange. (C)  A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true.
(D)  The California seller’s permit number (California Department of Tax and Fee Administration sales tax number), if any, of the sidewalk vendor.
(E)  If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal. (d)  Notwithstanding subdivision (b), a local authority may do both of the following:
(1)  Prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. A “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the 93 — 4 —Ch. 459

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Food and Agricultural Code and any regulations adopted pursuant to that chapter. A “swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
(2)  Restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the local authority’s temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the local authority for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit. (e)  For purposes of this section, perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern.
51039. (a)  (1)  A violation of a local authority’s sidewalk vending program that complies with Section 51038 is punishable only by the following:
(A)  An administrative fine not exceeding one hundred dollars ($100) for a first violation.
(B)  An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation. (C)  An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. (2)  A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations. (3)  (A)  If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph (1):
(i)  An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.
(ii)  An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation. (iii)  An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation. (B)  Upon proof of a valid permit issued by the local authority, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph (1), respectively. (b)  The proceeds of an administrative fine assessed pursuant to subdivision (a) shall be deposited in the treasury of the local authority. 93 Ch. 459— 5 —

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(c) Failure to pay an administrative fine pursuant to subdivision (a) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) shall not be assessed.
(d) (1) A violation of a local authority’s sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions shall not be subject to arrest except when permitted under law. (2) Notwithstanding any other law, paragraph (1) shall apply to all pending criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not reached final judgment shall be dismissed. (e) A local authority that has not adopted rules or regulations by ordinance or resolution that comply with Section 51037 shall not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the standards described in subdivision (b) Section 51038. (f) (1) When assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the person’s ability to pay the fine. The local authority shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination.

The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. (2) If the person meets the criteria described in subdivision (a) or (b) of Section 68632, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivision (a). (3) The local authority may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition. (g) (1) A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under the act that added this section had that act been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.
(2) Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to dismiss the sentence or fine, if applicable, and dismiss and seal the conviction, because the sentence, fine, and conviction are legally invalid.
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(3)  Unless requested by the petitioner, no hearing is necessary to grant or deny a petition filed under paragraph (1).
(4)  If the court that originally sentenced or imposed a fine on the petitioner is not available, the presiding judge shall designate another judge to rule on the petition.
(5)  Nothing in this subdivision is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner. (6)  Nothing in this subdivision or related provisions is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter.

SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 51038 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

The Legislature finds and declares that in order to protect the privacy of a sidewalk vendor with regard to his or her California driver’s license or identification number, individual taxpayer identification number, or municipal identification number, when that number is collected in lieu of a social security number for purposes of the issuance of a permit or business license, it is necessary that the sidewalk vendor’s number be confidential, except as provided in this act.

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Senate Bill No. 972
CHAPTER 489
An act to amend Sections 113818, 113831, and 113868 of, and to add Chapter 11.7 (commencing with Section 114368) to Part 7 of Division 104 of, the Health and Safety Code, relating to retail food. [Approved by Governor September 23, 2022. Filed with
Secretary of State September 23, 2022.]
legislative counsel’s digest
SB 972, Gonzalez. California Retail Food Code.
(1) Existing law, the California Retail Food Code (the code), establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and requires local health agencies to enforce these provisions. Existing law, for purposes of the code, defines a “cottage food operation” as an enterprise that has no more than a specified amount in gross annual sales, is operated by a cottage food operator, and has no more than 1 full-time employee within the registered or permitted area of a private home where the food products are prepared and packaged. Existing law provides for the regulation of microenterprise home kitchen operations and limits those operations to not serving more than 30 individual meals per day and not more than 60 individual meals per week and to no more than $50,000 in verifiable gross annual sales, as adjusted for inflation. Existing law authorizes the local enforcement agency to decrease the limit on the number of individual meals prepared based on the food preparation capacity of the operation.

This bill would authorize a cottage food operation or microenterprise home kitchen operation to serve as a commissary or mobile support unit for up to 2 compact mobile food operations if the cottage food operation or microenterprise home kitchen operation permit includes an endorsement from the local enforcement agency that the cottage food operation or microenterprise home kitchen operation is capable of supporting the preparation and storage of the food being sold from the compact mobile food operation and the storage and cleaning of the compact mobile food operation. The bill would authorize nonpotentially hazardous foods prepared in a cottage food operation to be served from a compact mobile food operation. The bill would define “compact mobile food operation” as a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. The bill would require compact food operations to conduct only limited food preparation.
(2) The code defines “limited food preparation” as food preparation that is restricted to specified activities, including dispensing or portioning of

92 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL

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nonpotentially hazardous food, slicing and chopping of food on a heated cooking surface during the cooking process, and holding, portioning, and dispensing foods that are prepared at a satellite food service or catering operation.

This bill would include in the definition of “limited food preparation” dispensing and portioning for immediate service to a customer of food that has been temperature controlled until immediately prior to portioning or dispensing, slicing and chopping of nonpotentially hazardous food or produce that has been washed at an approved facility, hot and cold holding of food previously prepared at an approved permanent food facility, and reheating of food that has been previously prepared at an approved permanent food facility and held at the approved temperatures.
(3) The code defines “mobile food facility” and regulates what types of food may be provided at a mobile food facility. The code requires mobile food facilities to meet specified health and safety standards, including access to warewashing sinks, restrooms, and handwashing facilities and required quantities of potable water.

This bill would require a compact mobile food operation to meet the applicable requirements of mobile food facilities, except as specified. The bill would exempt a compact mobile food operation that has 25 square feet or less of display area and sells only prepackaged, nonpotentially hazardous foods or whole uncooked produce from the code, except as specified. The bill would authorize a compact mobile food operation to display or sell food outdoors, if certain conditions are met, including, among other things, overhead protection provided above all food display areas. The bill would require a compact mobile food operation that engages in the preparation of raw meat, raw poultry, or raw fish to meet additional specified requirements.

The bill would authorize the enforcement agency to preapprove a standard plan for a standardized or mass-produced facility intended to serve as a compact mobile food operation and would authorize a compact mobile food operation to use that standardized or mass-produced facility after a final inspection, but without submitting plans for the individual unit. The bill would authorize the enforcement agency to collect a fee for the final inspection.
(4) Existing law requires commissaries and other approved facilities servicing mobile support units, mobile food facilities, and vending machines to meet specified standards.

This bill would authorize an enforcement agency to approve a facility with nonconforming structural conditions if those conditions do not pose a public health hazard. The bill would also require an enforcement agency to approve the storage of a compact mobile food facility in a permitted permanent food facility if, after initial inspection, the agency determines that the compact mobile food facility is protected from contamination. The bill would authorize the enforcement agency to charge a fee to administer these provisions.
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(5) The code requires a food facility to have a valid permit to be open for business and authorizes the local enforcement agency to charge a fee for the permit or registration or related services.

This bill would authorize the local enforcement agency to reduce the fee for the permit, registration, or related service for an applicant seeking approval of a compact mobile food operation or related operations. (6) Under existing law, violation of the code is a misdemeanor, unless otherwise specified.

This bill would make violations of the code by an operator or employee of a compact mobile food facility or a sidewalk vendor punishable only by an administrative fine. Additionally, by making changes to the definition of various crimes and by adding new crimes under the code, this bill would impose a state-mandated local program.

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

This bill would provide that no reimbursement is required by this act for a specified reason.

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

SECTION 1. Section 113818 of the Health and Safety Code is amended to read:
113818. (a)  “Limited food preparation” means food preparation that is restricted to one or more of the following:
(1)  Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food. (2)  Dispensing and portioning of nonpotentially hazardous food or dispensing and portioning for immediate service to a customer of food that has been temperature controlled until immediately prior to portioning or dispensing.
(3)  Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source.
(4)  Holding, portioning, and dispensing of any foods that are prepared by a catering operation.
(5)  Slicing and chopping of nonpotentially hazardous food or produce that has been washed at an approved facility or slicing and chopping of food on a heated cooking surface during the cooking process. (6)  Cooking and seasoning to order.
(7)  Juicing or preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products.
(8)  Hot and cold holding of food that has been prepared at an approved permanent food facility.
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(9)  Reheating of food that has been previously prepared at an approved permanent food facility and held at temperatures required by this chapter. (b)  “Limited food preparation” does not include any of the following:
(1)  Slicing and chopping potentially hazardous food, other than produce, unless it is on the heated cooking surface.
(2)  Thawing.
(3)  Cooling of cooked, potentially hazardous food.
(4)  Grinding raw ingredients or potentially hazardous food. (5)  Washing of foods.
(6)  Cooking of potentially hazardous foods for later use. (7)  Handling, manufacturing, freezing, processing, or packaging of milk, milk products, or products resembling milk products subject to licensing under Division 15 (commencing with Section 32501) of the Food and Agricultural Code.

SEC. 2. Section 113831 of the Health and Safety Code is amended to read:
113831. (a) “Mobile food facility” means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. “Mobile food facility” does not include a “transporter” used to transport packaged food from a food facility, or other approved source to the consumer.
(b) “Single operating site mobile food facilities” means at least one, but not more than four, unenclosed mobile food facilities, and their auxiliary units, that operate adjacent to each other at a single location. (c) “Compact mobile food operation” means a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

SEC. 3. Section 113868 of the Health and Safety Code is amended to read:
113868. “Portable” means equipment that is capable of being lifted and moved or has utility connections that are designed to be disconnected or of sufficient length to permit the unit to be moved for cleaning, and does not exceed 100 pounds (46 kg) in weight or is otherwise designed to be mobile.

SEC. 4. Chapter 11.7 (commencing with Section 114368) is added to Part 7 of Division 104 of the Health and Safety Code, to read:

Chapter 11.7. Compact Mobile Food Operation
114368. A compact mobile food operation, as defined in subdivision (c) of Section 113831, shall meet the applicable requirements of Chapter 10 (commencing with Section 114294), except as provided in this chapter. 114368.1. (a) Any compact mobile food operation with 25 square feet or less of display area from which only prepackaged nonpotentially hazardous food and whole uncooked produce is sold is exempt from the requirements of this part, except that the facility shall comply with all of the following:
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(1)  Sections 113980, 114047, 114049, 114390, 114393, 114397, and 114399.
(2)  Chapter 1 (commencing with Section 113700).
(3)  Chapter 2 (commencing with Section 113728).
(b)  (1)  A local enforcement agency may inspect a compact mobile food operation that is exempt, as specified in subdivision (a), during the facility’s hours of operation and other reasonable times on the basis of a consumer complaint or just cause.
(2)  For the purposes of determining compliance with this chapter, a compact mobile food operation that is not exempt as specified in subdivision (a) is subject to permitting and routine inspections or inspections on the basis of a consumer complaint or just cause.
(c)  The local enforcement agency may recover the costs of investigation and enforcement of this section, subject to any limitations in this part on fines issuable to compact mobile food operations.
114368.2. (a)  Compact mobile food operations shall conduct only limited food preparation, as defined in Section 113818. Notwithstanding any other provision of this part, a compact mobile food operation, as defined in subdivision (c) of Section 113831, may display or sell food outdoors, if all of the following conditions are satisfied:
(1)  Overhead protection are provided above all food display areas. (2)  Food items from the outdoor display are stored consistent with this chapter at all times other than during business hours.
(3)  Outdoor displays comply with Section 113980 and have been approved by the enforcement agency if the compact mobile food operation is required to obtain a permit.
(b)  A compact mobile food operation shall not sell food other than nonpotentially hazardous prepackaged food or whole produce, or conduct any food preparation, unless it meets the applicable operational requirements of this chapter, including applicable requirements for integral equipment, handwashing, and restroom access.
(c)  Equipment that is required to be integral to a compact mobile food operation shall either be permanently attached to the primary unit or securely fastened to the primary unit by means that would prevent unintentional removal. Equipment may be considered integral despite being portable or otherwise removable for cleaning, maintenance, or as part of its regular function.
(d)  A compact mobile food operation operating from an individual shall not conduct any food preparation or sell foods other than nonpotentially hazardous prepackaged food or whole produce.
114368.3 (a)  (1)  A permitted cottage food operation or microenterprise home kitchen operation may serve as a commissary or mobile support unit for up to two compact mobile food operations if the cottage food operation or microenterprise home kitchen operation permit includes an endorsement from the local enforcement agency that the cottage food operation or microenterprise home kitchen operation is capable of supporting the preparation and storage of the food being sold from the compact mobile 92 Ch. 489 — 5 —

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food operation and the storage and cleaning of the compact mobile food operation.
(2)  Transactions at a compact mobile food operation operated by a cottage food operator shall constitute “direct sales” for the purposes of paragraph (4) of subdivision (b) of Section 113758.
(3)  Transactions at up to two compact mobile food operations operated by a cottage food operator shall not count toward the annual gross sales restrictions in Section 113758 applicable to cottage food operations if the governing body has authorized this action.
(4)  Nonpotentially hazardous foods prepared in a cottage food operation may be served from a compact mobile food operation.
(5)  Food prepared in a microenterprise home kitchen operation may be served from a compact mobile food operation operated by the microenterprise home kitchen operation permitholder.
(6)  The meal and gross annual sales limitations in paragraphs (7) and (8) of subdivision (a) of Section 113825 do not apply to the sale of nonpotentially hazardous food or produce for up to two compact mobile food operations operated by the microenterprise home kitchen operation if the governing body has authorized this action.
(7)  With the authorization of the governing body and if the enforcement agency determines that the operation does not pose a public health hazard, a permitted microenterprise home kitchen operation may serve as a commissary for up to two compact mobile food operations. The meal and gross annual sales limitations in paragraphs (7) and (8) of subdivision (a) of Section 113825 apply unless the governing body sets a higher meal and income limitation.
(8)  The governing body of a local jurisdiction that permits microenterprise home kitchen operations pursuant to Section 114367, may set the meal and income limitations in paragraphs (7) and (8) of subdivision (a) of Section 113825 at a higher level than provided in those paragraphs for microenterprise home kitchen operations that operate in conjunction with a compact mobile food operation. Notwithstanding this subdivision, the levels in effect, by statute or ordinance, as of January 1, 2023, shall remain in effect until changed by the local jurisdiction.
(b)  (1)  Existing permanent food facilities may be permitted to support the operations and storage of compact mobile food operations pursuant to the requirements of this section.
(2)  Notwithstanding any other provision of this part, upon an evaluation verifying that a permanent food facility satisfies subdivisions (a) to (f), inclusive, of Section 114326, an enforcement agency shall approve the use of a permitted permanent food facility to satisfy the requirements of Section 114295 for a compact mobile food operation.
(3)  Notwithstanding any other provision of this part, upon an evaluation verifying that the compact mobile food operation will be stored in a manner that protects the compact mobile food operation from contamination, an enforcement agency shall approve the storage of a compact mobile food operation in a permitted permanent food facility.
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(4)  Except when a determination is made by the enforcement agency that any nonconforming structural conditions pose a public health hazard, the enforcement agency may approve a facility to support operations of a compact mobile food operation.
(5)  Plan submission shall not be required for an existing permanent food facility to support the operations of a compact mobile food operation when a determination is made by the local enforcement agency that the current operation and structural facilities of the permanent food facility can successfully provide the necessary functions of a commissary for a compact mobile food operation.
(6)  An approved permanent food facility that will be used for cooling of food for a compact mobile food operation shall be approved by the enforcement agency for cooling.
(c)  (1)  Unless prohibited by local ordinance, an enforcement agency may allow the use of a private home for the storage of a compact mobile food operation if it determines, after an evaluation, that storage in the private home would not pose a public health hazard and that the compact mobile food operation will be stored in a manner that protects the compact mobile food operation from contamination.
(2)  No more than two compact mobile food operations may be stored in a private home unless the enforcement agency finds that storage of more than two compact mobile food operations in a private home would not pose a public health hazard.
(3)  The storage area within the home shall be designated and clearly identified upon approval and shall not be relocated without the review and approval of the local enforcement agency.
(4)  Prepackaged nonpotentially hazardous food, whole fruits, and whole vegetables may be stored in the home prior to sale or preparation of that food in a compact mobile food operation.
(5)  Food prepared in a private home shall not be used or offered for sale on a compact mobile food operation, unless it is a permitted cottage food operation or microenterprise home kitchen operation pursuant to subdivision (a). Violation of this paragraph may result in suspension or revocation of the permit to operate the compact mobile food operation. (6)  For purposes of determining compliance with this subdivision, a local enforcement agency may access, for inspection purposes, a private home where a compact mobile food operation is stored only if the representative has, on the basis of a consumer complaint, reason to suspect that the home is being used for food preparation, food storage, or unauthorized storage of utensils or other food facility equipment in violation of this subdivision. (d)  At the end of the operating day, potentially hazardous food that is prepared on or served from a compact mobile food operation shall be destroyed in a manner approved by the enforcement agency. (e)  For the purposes of this chapter, an endorsement by the local enforcement agency shall be a documented and recorded approval of compliance with applicable sections. An endorsement may include an inspection or evaluation, but shall not require a registration or permit. 92 Ch. 489 — 7 —

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(f)  The enforcement agency may collect a fee for any permit, endorsement, inspection, or evaluation issued or conducted pursuant to this chapter in an amount that does not exceed the reasonable administrative costs of the enforcement agency.
114368.4. (a)  Except as provided in subdivision (b), a compact mobile food operation that is approved for limited food preparation that prepares raw meat, raw poultry, or raw fish is subject to warewashing and handwashing facility requirements as outlined in Chapter 10 (commencing with Section 114294).
(b)  (1)  A compact mobile food operation may satisfy the requirements of Sections 114313 and 114314 by demonstrating access to a permitted auxiliary conveyance containing the necessary handwashing and warewashing sinks when operating at a site-specific location. The auxiliary conveyance may be operated by the same or a different permitholder. An enforcement agency may permit an auxiliary conveyance to serve multiple compact mobile food operations operating in close proximity to the auxiliary conveyance, as determined by the enforcement agency.
(2)  If an auxiliary conveyance is not operated by the permitholder of the compact mobile food operation, the operator of the auxiliary conveyance shall obtain a permit from the enforcement agency to operate the auxiliary conveyance and service compact mobile food operations.
(3)  The permit application for an auxiliary conveyance not operated by a compact mobile food operation shall include a site plan and shall be submitted to the enforcement agency at least two weeks prior to the operation of any food facility in conjunction with the auxiliary conveyance. (4)  The site plan for an auxiliary conveyance not operated by a compact mobile food operator shall show the proposed location and storage of the auxiliary conveyance, the proposed locations of any food facilities that will utilize the auxiliary conveyance, restrooms, refuse containers, potable water supply faucets, waste water disposal facilities, and all shared warewashing and handwashing facilities.
(c)  A compact mobile food operation that is approved for limited food preparation that does not prepare raw meat, raw poultry, or raw fish shall do one of the following:
(1)  Provide a three-compartment sink as described in subdivision (a) of Section 114313.
(2)  Provide at least one two-compartment sink that complies with subdivision (e) of Section 114099.3.
(3)  Provide a one-compartment sink with at least one integral metal drainboard, an adequate supply of spare preparation and serving utensils to replace those that become soiled or contaminated, and warewashing facilities that comply with subdivision (a) of Section 114313 in reasonable proximity to, and readily accessible for use by, food employees at all times. (4)  Maintain an adequate supply of spare preparation and serving utensils on the compact mobile food operation to ensure that utensils used for potentially hazardous foods are replaced with clean and sanitized utensils every four hours or as needed to replace those that become soiled or 92 — 8 — Ch. 489

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contaminated. A compact mobile food operation that complies with this paragraph is not required to provide a warewashing sink. (d)  A compact mobile food operation that is approved for limited food preparation that does not prepare raw meat, raw poultry, or raw fish shall provide an integral handwashing sink with at least five gallons of potable water to operate with a potable water tank with a capacity of at least five gallons for handwashing.
(e)  An enforcement agency may permit a compact mobile food operation to operate with an integral water tank smaller than specified under subdivision (c) or (d) of Section 114217 if the enforcement agency finds that the compact mobile food operation is operating in an area and manner that would allow for replenishment of the water supply as needed during operations.
(f)  A compact mobile food operation shall submit, to the enforcement agency, written operating procedures that include the process of filling potable water tanks if it will operate with a water tank with a capacity of less than five gallons specified in subdivisions (c) and (d) of Section 114217. (g)  A compact mobile food operation that does not prepare raw meat, raw poultry, or raw fish is exempt from any provision of this part requiring it be equipped with a water heater or otherwise be supplied with warm water. 114368.5. (a)  Upon receipt of complete, easily readable plans drawn to scale, and specifications satisfactory to the enforcement agency, an enforcement agency may preapprove a standard plan for a standardized or mass-produced individual unit intended to serve as a compact mobile food operation.
(b)  A person proposing to operate a compact mobile food operation who has acquired an individual unit for which the construction of the compact mobile food operation has been built to approved plans shall not be required to submit plans for the individual unit, but instead shall be subject to a final inspection of the compact mobile food operation to ensure that the individual unit and proposed method of operation conform to the standard plans preapproved pursuant to subdivision (a). The permit application for a compact mobile food operation utilizing a preapproved individual unit shall include a certification that the applicant has not substantially altered the individual units from the plans preapproved pursuant to subdivision (a).

The enforcement agency may collect a fee in the final inspection in an amount that does not exceed the reasonable administrative costs to the enforcement agency.
(c) The repair of equipment or integral fixtures on a compact mobile food operation or the replacement of equipment and fixtures on a compact mobile food operation with substantially similar equipment or fixtures is not a remodel, and the repair or replacement of equipment or fixtures does not require the submission of plans to an enforcement agency. (d) A local governing body may waive or reduce a fee for the permit, registration, or related services for an applicant seeking approval of a compact mobile food operation or related operations.
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(e)  All new and replacement food-related and utensil-related equipment for a compact mobile food operation shall be certified or classified for sanitation by an American National Standards Institute accredited certification program, or a certification program accredited by another accreditation body recognized by the enforcement agency as providing substantially similar food safety and operational standards. In the absence of an applicable certified sanitation standard, food-related and utensil-related equipment shall be evaluated for approval by the enforcement agency. (f)  All new and replacement electrical appliances for a compact mobile food operation shall meet applicable Underwriters Laboratories standards for electrical equipment as determined by an American National Standards Institute accredited certification program or a certification program accredited by another accreditation body recognized by the enforcement agency as providing substantially similar food safety and operational standards.
114368.6. A compact mobile food operation is exempt from Section 113947.1 if the operator and any individual who is involved in the preparation, storage, or service of food for the compact mobile food operation has obtained a food handler card that meets the requirements of Section 113948.
114368.7. A compact mobile food operation is exempt from the requirements of Section 114315 if the compact mobile food operation operates with multiple employees or operators and the compact mobile food operation may remain operable by a single individual so that employees or operators may alternate use of a restroom.
114368.8. (a)  Notwithstanding subdivision (a) of Section 114395, a violation of this part by an operator or employee of a compact mobile food operation is punishable only by an administrative fine. (b)  A violation of any provision of this part or regulation adopted pursuant to this part by an operator or employee of a compact mobile food operation or a sidewalk vendor shall not be punishable as an infraction or misdemeanor, and an operator or employee of a compact mobile food operation or a sidewalk vendor alleged to have violated any of those provisions is not subject to arrest except when independent grounds for that arrest exist under law.
(c)  Except as provided in paragraph (d), each offense by an operator or employee of a compact mobile food operation or a sidewalk vendor may only be punished by a fine consistent with the following:
(1)  A notice of violation detailing the violation, including the applicable provision of this part or regulation adopted pursuant to this part. (2)  An administrative fine not exceeding one hundred dollars ($100) for a second violation within one year of the first violation. (3)  An administrative fine not exceeding two hundred dollars ($200) for a third violation within one year of the first violation. (4)  An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. 92 — 10 — Ch. 489

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(d)  If a compact mobile food operation is required to obtain a permit from the enforcement agency, operating without a permit may be punishable by a fine not to exceed three times the cost of the permit in lieu of the administrative fines referenced in subdivision (c). An enforcement agency shall not issue any fines in excess of the amounts allowable pursuant to subdivision (c) prior to January 1, 2024.
(e)  (1)  When assessing an administrative fine for a first-time offense, pursuant to this section, the hearing officer shall take into consideration the person’s ability to pay the fine. The enforcement agency shall provide the person with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(2)  If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the enforcement agency shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this section.
(3)  The enforcement agency may waive the administrative fine or may offer an alternative disposition.

SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

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CALIFORNIA RETAIL FOOD CODE
Excerpt from

CALIFORNIA HEALTH AND SAFETY CODE
DIVISION 104. ENVIRONMENTAL HEALTH
PART 7. CALIFORNIA RETAIL FOOD CODE
Effective January 1, 2019

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California Retail Food Code Effective January 1, 2019

TABLE OF CONTENTS
PAGE
CHAPTER 1. GENERAL PROVISIONS 4
CHAPTER 2. DEFINITIONS 7
CHAPTER 3. MANAGEMENT AND PERSONNEL
Article 1 – Supervision 27
Article 2 – Employee Knowledge 32
Article 3 – Employee Health 34
Article 4 – Handwashing 37
Article 5 – Personal Cleanliness 37
Article 6 – Hygienic Practices 37
CHAPTER 4. GENERAL FOOD SAFETY REQUIREMENTS
Article 1 – Protection from Contamination 36
Article 2 – Time Temperature Relationships 41
Article 3 – Food from Approved Sources 46
Article 4 – Receipt of Food 47
Article 5 – Food Storage 50
Article 6 – Specialized Processing Methods 51
Article 7 – Food Display and Service 53
Article 8 – Consumer Information 57
CHAPTER 5. CLEANING AND SANITIZING OF EQUIPMENT 61

AND UTENSILS
CHAPTER 6. EQUIPMENT, UTENSILS, AND LINENS
Article 1 – Design and Construction 68
Article 2 – Ventilation 71
Article 3 – Location and Installation 73
Article 4 – Maintenance and Operation 75
Article 5 – Linens 76
CHAPTER 7. WATER, PLUMBING, AND WASTE
Article 1 – Water 77
Article 2 – Liquid Waste 79
Article 3 – Mobile Water and Wastewater Tanks 79
Article 4 – Refuse 82
CHAPTER 8. PHYSICAL FACILITIES
Article 1 – Toilet Facilities 84
Article 2 – Lighting 84
Article 3 – Poisonous and Toxic Materials 85
Article 4 – Employee Storage Area 86
Article 5 – Premises and Facilities 86
Article 6 – Vermin and Animals 86
2

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California Retail Food Code Effective January 1, 2019
PAGE
CHAPTER 9. PERMANENT FOOD FACILITIES 88
Article 1 – Floors, Walls, and Ceilings 89
Article 2 – Toilet Facilities 90
Article 3 – Janitorial Facilities 91
Article 4 – Premises 92
Article 5 – Prepackaged Nonpotentially Hazardous Food 92 CHAPTER 10. MOBILE FOOD FACILITIES 93
CHAPTER 10.1. CATERING OPERATION AND HOST FACILITIES 101

FOOD FACILITIES
CHAPTER 13. COMPLIANCE AND ENFORCEMENT
CHAPTER 10.5. NONPROFIT CHARITABLE TEMPORARY 104
CHAPTER 10.6. LIMITED SERVCIE CHARITABLE FEEDING OPERATION 105 CHAPTER 11. TEMPORARY FOOD FACILITIES 107
CHAPTER 11.5. COTTAGE FOOD OPERATIONS 110
CHAPTER 11.6. MICROENTERPRISE HOME KITCHEN OPERATION 114 CHAPTER 12. CERTIFIED FARMERS’ MARKETS 120
CHAPTER 12.5 FARM STANDS AND COMMUNITY FOOD PRODUCTION 122 CHAPTER 12.7. FISHERMEN’S MARKETS 124
CHAPTER 12.8 CHILDREN’S MEALS 127
Article 1 – Plan Review and Permits 128
Article 2 – Enforcement 130
Article 3 – Permit Suspension and Revocation 131
Article 4 – Variance 132
Article 5 – HACCP Exemptions 134
Article 6 – Exemptions 136
Article 7 – Food Facility Food Donations 138
Article 8 – Child Day Care Facilities, Community Care 139 Facilities and Residential Care Facilities for the Elderly 3

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CHAPTER 1. General Provisions
113700. These provisions shall be known, and may be cited, as the California Retail Food Code, hereafter referred to as “this part.”
113703. The purpose of this part is to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented through adoption of science-based standards.
113705. The Legislature finds and declares that the public health interest requires that there be uniform statewide health and sanitation standards for retail food facilities to assure the people of this state that the food will be pure, safe, and unadulterated. Except as provided in Section 113709, it is the intent of the Legislature to occupy the whole field of health and sanitation standards for retail food facilities, and the standards set forth in this part and regulations adopted pursuant to this part shall be exclusive of all local health and sanitation standards relating to retail food facilities.
113707. The department shall adopt regulations to implement and administer this part. 113709. This part does not prohibit a local governing body from adopting an evaluation or grading system for food facilities, from prohibiting any type of food facility, from adopting an employee health certification program, from regulating the provision of consumer toilet and handwashing facilities, from adopting requirements for the public safety regulating the type of vending and the time, place, and manner of vending from vehicles upon a street pursuant to its authority under subdivision (b) of Section 22455 of the Vehicle Code, or from prohibiting the presence of pet dogs in outdoor dining areas of food facilities. 113711. In all laws and regulations, references to Chapter 4 (commencing with Section 113700) or the California Uniform Retail Food Facilities Law, shall mean this part or the California Retail Food Code.
113713.
(a) Primary responsibility for enforcement of this part shall be with the local enforcement agency. Nothing in this part shall prevent the department from taking any necessary program or enforcement actions for the protection of the public health and safety. (b) The department shall provide technical assistance, training, standardization, program evaluation, and other services to local health agencies as necessary to ensure the uniform interpretation and application of this part, when an appropriation is made to the department for this purpose.
(c) Whenever the enforcement of the requirements of this part by any local enforcement agency is satisfactory to the department, the enforcement of this part shall not be duplicated by the department. The department shall investigate to determine satisfactory enforcement of this part by evaluating the program of each local enforcement agency at least once every three years and shall prepare a report of the evaluation and list any program improvements needed only when an appropriation is made to the department for these purposes. 113715. Any construction, alteration, remodeling, or operation of a food facility shall be approved by the enforcement agency and shall be in accordance with all applicable local, state, and federal statutes, regulations, and ordinances, including but not limited to, fire, building, and zoning codes.
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113717.
(a) Any person requesting the department to undertake any activity pursuant to paragraph (5) of subdivision (c) of Section 113871, Section 114417, paragraph (2) of subdivision (b) of Section 114419, and Section 114419.3 shall pay the department’s costs incurred in undertaking the activity. The department’s services shall be assessed at the current hourly cost-recovery rate, and it shall be entitled to recover any other costs reasonably and actually incurred in performing those activities, including, but not limited to, the costs of additional inspection and laboratory testing. For purposes of this section, the department’s hourly rate shall be adjusted annually in accordance with Section 100425. (b) The department shall provide to the person paying the required fee a statement, invoice, or similar document that describes in reasonable detail the costs paid. (c) For purposes of this section only, the term “person” does not include any city, county, city and county, or other political subdivision of the state or local government. 113718. Notwithstanding Section 16350 of the Government Code, all moneys deposited in the Retail Food Safety and Defense Fund shall be transferred to the Food Safety Fund for appropriation and expenditure as specified by Section 110050. 113719. Structural and sanitation requirements shall be based on the food service activity to be conducted, the type of food that is to be prepared or served, and the extent of food preparation that is to be conducted at the food facility.
113725.
(a) The enforcement agency shall utilize a standardized food facility inspection format for food facility inspections that includes all of the following:
(1) The name and address of the food facility.
(2) Identification of the following inspection criteria, which shall be the basis of the inspection report:
(A) Improper holding temperatures of potentially hazardous foods. (B) Improper cooling of potentially hazardous foods.
(C) Inadequate cooking of potentially hazardous foods.
(D) Poor personal hygiene of food employees.
(E) Contaminated equipment.
(F) Food from unapproved sources.
(3) For each violation identified pursuant to paragraph (2), classification of the violation as a minor violation or major violation.
(b) An enforcement agency may modify the format to add criteria to those specified pursuant to paragraph (2) of subdivision (a), if both of the following conditions are met:
(1) The additional criteria are based on other provisions of this part. (2) A violation is identified by reference to items and sections of this part, or the regulations adopted pursuant to this part relating to those items, if a food facility is cited for a violation of the additional criteria.
(c) This section shall not restrict the ability of the enforcement agency to inspect and report on criteria other than those subject to regulation under this part. 5

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113725.1. A copy of the most recent routine inspection report conducted to assess compliance with this part shall be maintained at the food facility and made available upon request. The food facility shall post a notice advising consumers that a copy of the most recent routine inspection report is available for review by any interested party. 113725.2. Local enforcement agencies, and the department when adequate funding is made available to the department, shall conduct routine training on food facility inspection standardization to promote the uniform application of inspection procedures. 113725.3.
(a) The department shall publish standardized procedures for enforcement agencies to report food facility inspection information regarding each food facility. The report shall include all of the following:
(1) Name and address of the food facility.
(2) Date of last inspection.
(3) Identification of any major violation identified in a food facility inspection. (4) Reinspection date, if applicable.
(5) Period of closure, if applicable.
(b) The department, in consultation with local environmental health directors, representatives of the retail food industry, and other interested parties, may periodically review and revise the standardized procedures established pursuant to subdivision (a). In making any revisions, the department shall strive to ensure that the required information can be reported and made available in the most efficient, timely, and cost-effective manner. (c)
(1) The standardized procedures established pursuant to this section shall include a standardized electronic format and protocol for reporting the food facility inspection data in a timely manner, and shall strive to ensure that the information is readily accessible, can be rapidly reported, and, if necessary, corrected, for each food facility that has been inspected or reinspected. If the enforcement agency determines that reported information is materially in error, that error shall be corrected within 48 hours after that determination. (2) The department may establish standardized procedures for reporting the information on electronic media, including, but not limited to, floppy disks or compact disks. (d) Within 60 days after the department has established the standardized procedures pursuant to this section, the department shall publish these procedures. (e)
(1) Each enforcement agency that reports food facility inspection information on an Internet Web site shall report the information in accordance with the standardized procedures established pursuant to this section.
(2) This section shall not restrict the ability of an enforcement agency to report on matters other than matters subject to regulation under this part. (f) The department may establish a link to each Internet Web site utilized by any enforcement agency containing the food facility inspection information pursuant to subdivision (e). 6

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CHAPTER 2. Definitions
113728. The following definitions apply in the interpretation and application of this part. 113729. “Food additive” has the meaning stated in Section 109940. “Color additive” has the meaning stated in Section 109895.
113729.5. “Acceptable market name” means a name that the FDA recognizes as a suitable statement of identity, as described in Section 101.3 of Title 21 of the Code of Federal Regulations, in the labeling of a species. An acceptable market name fairly represents the identity of the species to United States consumers because it is not confusingly similar to the name of another species and because it is not otherwise misleading. An acceptable market name may be any of the following:
(a) A common or usual name established by either a history of common usage in the United States or by regulation.
(b) The common name.
(c) A name specifically coined as the market name for a species. For example, “basa” is the market name coined for Pangasius bocourti.
113732. “Adulterated” means either of the following:
(a) Food that bears or contains any poisonous or deleterious substance that may render the food impure or injurious to health.
(b) Food that is manufactured, prepared, or stored in a manner that deviates from a HACCP plan so as to pose a discernable increase in risk.
113733. “Acute gastrointestinal illness” means a short duration illness most often characterized by either of the following, which are known to be commonly associated with the agents most likely to be transmitted from infected food employees through contamination of food:
(a) Diarrhea, either alone or in conjunction with other gastrointestinal symptoms, such as vomiting, fever, or abdominal cramps.
(b) Vomiting in conjunction with either diarrhea or two other gastrointestinal symptoms, such as fever or abdominal cramps.
113734. “Approved” means acceptable to the enforcement agency based on a determination of conformity with applicable laws, or, in the absence of applicable laws, current public health principles, practices, and generally recognized industry standards that protect public health. 113735.
(a) “Approved source” means a food source allowed under Article 3 (commencing with Section 114021) of Chapter 4, or a producer, manufacturer, distributor, or food facility that is acceptable to the enforcement agency based on a determination of conformity with applicable laws, or, in the absence of applicable laws, with current public health principles and practices, and generally recognized industry standards that protect public health. (b) Any whole uncut fruit or vegetable or unrefrigerated shell egg grown or produced in compliance with all applicable federal, state, or local laws, regulations, and food safety guidelines issued by a regulatory agency shall be deemed to be from an approved source. 7

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113737. “aw” means water activity that is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature, and is indicated by the symbol aw. 113739. “Beverage” means a liquid for drinking, including water. 113739.1.
(a) “Catering operation” means a food service that is conducted by a permanent food facility approved for food preparation where food is served, or limited food preparation is conducted, at a location other than its permitted location, in either of the following circumstances:
(1) As part of a contracted offsite food service event. (2) When operating in conjunction with a host facility with direct food sales. (b) “Catering operation” shall not include either of the following:
(1) Food ordered as takeout or delivery from a food facility, where the food is provided to the consumer for self-service.
(2) A food facility that is participating as part of a community event. 113740. “CCR” means the California Code of Regulations. 113742. “Certified farmers’ market” means a location that is certified by the State of California through the enforcement officers of the county agricultural commissioners and operated pursuant to Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and regulations adopted pursuant to that chapter. 113744. “C.F.R.” means the Code of Federal Regulations. Citations in this part to the C.F.R. refer sequentially to the title, part, and section numbers, such as 21 C.F.R. 178.1010 refers to Title 21, Part 178, Section 1010.
113747.
(a) “CIP” means cleaned in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert machine.
(b) “CIP” does not include the cleaning of equipment such as band saws, slicers, or mixers that are subjected to in-place manual cleaning without the use of a CIP system. 113747.1. “Cold water” means potable water that is not heated by an auxiliary method or source.
113748. “Commingle” means:
(a) To combine shellstock harvested on different days or from different growing areas as identified on the tag or label.
(b) To combine shucked shellfish from containers with different container codes or different shucking dates.
113750.
(a) “Comminuted” means reduced in size by methods including chopping, flaking, grinding, or mincing.
(b) “Comminuted” includes fish or meat products that are reduced in size and restructured or reformulated including, but not limited to, gefilte fish, formed roast beef, gyros, ground beef, 8

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sausage, and a mixture of two or more types of meat that have been reduced in size and combined, including, but not limited to, sausages made from two or more meats. 113751. “Commissary” means a food facility that services mobile food facilities, mobile support units, or vending machines where any of the following occur:
(a) Food, containers, or supplies are stored.
(b) Food is prepared or prepackaged for sale or service at other locations. (c) Utensils are cleaned.
(d) Liquid and solid wastes are disposed, or potable water is obtained. 113752. “Community food producer” means a producer of agricultural products on land that is not zoned for agricultural use but is otherwise in compliance with applicable local land use and zoning restrictions, including, but not limited to, restrictions governing personal gardens, community gardens, school gardens, and culinary gardens. 113755. “Community event” means an event conducted for not more than 25 consecutive or nonconsecutive days in a 90-day period and that is of a civic, political, public, or educational nature, including state and county fairs, city festivals, circuses, and other public gathering events approved by the local enforcement agency.
113756. “Condiment” means a nonpotentially hazardous food, such as relishes, spices, sauces, confections, or seasonings, that requires no additional preparation, and that is used on a food item, including, but not limited to, ketchup, mustard, mayonnaise, sauerkraut, salsa, salt, sugar, pepper, or chile pepper.
113757. “Consumer” means a person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food facility, and does not offer the food for resale.
113758.
(a) “Cottage food operation” means an enterprise that has not more than the amount in gross annual sales that is specified in this subdivision, is operated by a cottage food operator, and has not more than one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers pursuant to this part. In 2013, the enterprise shall not have more than thirty-five thousand dollar ($35,000) in gross annual sales in the calendar year. In 2014, the enterprise shall not have more than forty-five thousand dollars ($45,000) in gross annual sales in the calendar year.

Commencing in 2015, and each subsequent year thereafter, the enterprise shall not have more than fifty thousand dollars ($50,000) in gross annual sales in the calendar year. A cottage food operation includes both of the following:
(1) A “Class A” cottage food operation, which is a cottage food operation that may engage only in direct sales of cottage food products from the cottage food operation or other direct sales venues described in paragraph (4) of subdivision (b). (2) A “Class B” cottage food operation, which is a cottage food operation that may engage in both direct sales and indirect sales of cottage food products from the cottage food operation, from direct sales venues described in paragraph (4) of subdivision (b), from offsite events, or from a third-party retail food facility described in paragraph (5) of subdivision (b). (b) For purposes of this section, the following definitions shall apply:
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(1) “Cottage food employee” means an individual, paid or volunteer, who is involved in the preparation, packaging, handling, and storage of a cottage food product, or otherwise works for the cottage food operation. An employee does not include an immediate family member or household member of the cottage food operator.
(2) “Cottage food operator” means an individual who operates a cottage food operation in his or her private home and is the owner of the cottage food operation. (3) “Cottage food products” means nonpotentially hazardous foods, including foods that are described in Section 114365.5 and that are prepared for sale in the kitchen of a cottage food operation.
(4) “Direct sale” means a transaction within the state between a cottage food operation operator and a consumer, where the consumer purchases the cottage food product directly from the cottage food operation. Direct sales include, but are not limited to, transactions at holiday bazaars or other temporary events, such as bake sales or food swaps, transactions at farm stands, certified farmers’ markets, or through community-supported agriculture subscriptions, and transactions occurring in person in the cottage food operation. (5) “Indirect sale” means an interaction between a cottage food operation, a third-party retailer, and a consumer, where the consumer purchases cottage food products made by the cottage food operation from a third-party retailer that holds a valid permit issued pursuant to Section 114381. Indirect sales include, but are not limited to, sales made to retail shops or to retail food facilities where food may be immediately consumed on the premises. (6) “Private home” means a dwelling, including an apartment or other leased space, where individuals reside.
(7) “Registered or permitted area” means the portion of a private home that contains the private home’s kitchen used for the preparation, packaging, storage, or handling of cottage food products and related ingredients or equipment, or both, and attached rooms within the home that are used exclusively for storage.
113759. “Control point” means any distinct procedure or step in receiving, storing, handling, preparing, displaying, transporting, or dispensing a food. 113760. “Critical control point” means a point or procedure in a specific food system where loss of control may result in an unacceptable health risk.
113761. “Critical limit” means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to minimize the risk that the identified food safety hazard may occur.
113763. “Department” means the State Department of Public Health. 113767. “Easily cleanable” means a characteristic of a surface that allows effective removal of soil, food residue, or other organic or inorganic materials by normal cleaning methods. 113768. “Easily movable” means either of the following:
(a) Portable; mounted on casters, gliders, or rollers so as to be moveable by one person; or provided with a mechanical means to safely tilt or move a unit of equipment for cleaning. (b) Having no utility connection, a utility connection that disconnects quickly, or a flexible utility connection line of sufficient length to allow the equipment to be moved for cleaning of the equipment and adjacent area.
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113769. “Egg” means the shell egg of an avian species that includes chicken, duck, goose, guinea, quail, ratite, or turkey, except a balut and an egg product. “Egg” does not include the egg of a reptile species, including an alligator.
113770. “Employee” means the permitholder, person in charge, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in a food facility. 113773. “Enforcement agency” means the department or the local health agency having jurisdiction over the food facility.
113774. “Enforcement officer” means the director, agents, or environmental health specialists appointed by the State Public Health Officer, and all local health officers, directors of environmental health, and their duly authorized registered environmental health specialists and environmental health specialist trainees.
113777.
(a) “Equipment” means an article that is used in the operation of a food facility, including, but not limited to, a freezer, grinder, hood, icemaker, meat block, mixer, oven, reach-in refrigerator, scale, food and utensil shelving and cabinets, sink, slicer, stove, table, temperature measuring device for ambient air, vending machine, or warewashing machine. (b) “Equipment” does not include items used for handling or storing large quantities of prepackaged foods that are received from a supplier in a cased or overwrapped lot, such as hand trucks, forklifts, dollies, pallets, racks, and skids. 113778. “Exclude” means to prevent a person from working as a food employee or entering a food facility except for those areas open to the general public. 113778.1. “FDA” means the United States Food and Drug Administration. 113778.2. “Farm stands” are premises, established in accordance with local ordinances and land use codes, defined under and operated pursuant to Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and regulations adopted and enforced pursuant to that chapter, operating within the requirements set forth in Sections 113789 and 114375.
113778.4. “Fabric implement” means a cloth or fabric, including, but not limited to, burlap and cheesecloth, that is used as part of the food process and comes in direct contact with food that is subsequently cooked.
113779.
(a) “Fish” means fresh or saltwater finfish, crustaceans, and other forms of aquatic life, other than birds or mammals, and all molluscan shellfish, if intended for human consumption. “Fish” also includes alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin, and the roe of these animals.
(b) “Fish” includes a product derived in whole or in part from fish, including fish that have been processed in any manner.
113780. “Fishermen’s market” means a location that is operated by a commercial fisherman licensed by the Department of Fish and Wildlife or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists, that sells only raw edible aquatic plants, raw fresh fish, or fresh frozen fish, caught by commercial fishermen licensed by the Department of Fish and Wildlife or harvested by California-registered aquaculturists, directly to consumers. 11

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113781. “Food” means a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.
113783. “Food bank” means a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit charitable organizations and individuals for the purposes of reducing hunger and supplying nutritional needs. 113784. “Food compartment” means an enclosed space, including, but not limited to, an air pot, blender, bulk dispensing system, covered chafing dish, and covered ice bin, with all of the following characteristics:
(a) The space is defined by a physical barrier from the outside environment that completely encloses all food, food-contact surfaces, and the handling of nonprepackaged food. (b) All access openings are equipped with tight-fitting closures, or one or more alternative barriers that effectively protect the food from contamination, facilitate safe food handling, while minimizing exposure to the environment.
(c) It is constructed from materials that are nontoxic, smooth, easily cleanable, and durable and is constructed to facilitate the cleaning of the interior and exterior of the compartment. 113786. “Food-contact surface” means either of the following:
(a) A surface of equipment or a utensil with which food normally comes into contact. (b) A surface of equipment or a utensil from which food may drain, drip, or splash into a food or onto a surface normally in contact with food.
113788. “Food employee” means an employee working with food, food equipment or utensils, or food-contact surfaces.
113789.
(a) “Food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1) An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2) A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials. (b) “Food facility” includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1) Public and private school cafeterias.
(2) Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (12) of subdivision (c). (4) Commissaries.
(5) Mobile food facilities.
(6) Mobile support units.
(7) Temporary food facilities.
(8) Vending machines.
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(9) Certified farmers’ markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10) Farm stands, for purposes of permitting and enforcement pursuant to Section 114375. (11) Fishermen’s markets.
(12) Microenterprise home kitchen operations.
(13) Catering operation.
(14) Host facility.
(c) “Food facility” does not include any of the following:
(1) A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2) A private home when used for private, noncommercial purposes or when used as a cottage food operation that is registered or has a permit pursuant to Section 114365. (3) A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4) A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event. (5) Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code, or premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, and in the regulations adopted pursuant to those sections, that comply with Section 118375, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption. (6) An outlet or location, including, but not limited to, premises, operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted at an outlet or location controlled by the producer. (7) A commercial food processing establishment, as defined in Section 111955. (8) A child day care facility as defined in Section 1596.750. (9) A community care facility, as defined in Section 1502. (10) A residential care facility for the elderly, as defined in Section 1569.2. (11) A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01. (12)
(A) An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer. (B) A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
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(13) A community food producer, as defined in Section 113752. (14) A limited service charitable feeding operation, as defined in Section 113819. 113790.
(a) “Food handler” means an individual who is involved in the preparation, storage, or service of food in a food facility, as defined in subdivision (b), other than an individual holding a valid food safety certificate issued pursuant to Section 113947.3 or an individual involved in the preparation, storage, or service of food in a temporary food facility, as defined in Section 113930.
(b) For purposes of the definition of a “food facility” in subdivision (a) and in Section 113948, a food facility means a food facility, as defined in Section 113789, that sells food for human consumption to the general public.
113791. “Food preparation” means packaging, processing, assembling, portioning, or any operation that changes the form, flavor, or consistency of food, but does not include trimming of produce.
113794. “Food safety program” means any city, county, or city and county program that requires, at a minimum, either of the following:
(a) The training of one or more individuals, whether denominated as “owners,” “managers,” “handlers,” or otherwise, relating in any manner to food safety issues. (b) Individuals to pass a food safety certification examination. 113794.1. “Food handler program” means any city, county, or city and county program that requires that all or a substantial portion of the employees of a food facility who are involved in the preparation, storage, service, or handling of food products, engage in an approved food safety training or pass an approved food safety certification examination, or both. 113794.3. “Fresh frozen” means that the food was quickly frozen while still fresh, including immediately after the food had been harvested or fish had been caught. 113794.4. “Frozen food” means a food maintained at a temperature at which all moisture therein is in a solid state.
113795.
(a) “Game animal” means an animal, the products of which are food, that is not classified as cattle, sheep, swine, goat, horse, mule, or other equine in Part 301 of Title 9 of the Code of Federal Regulations, as poultry in Part 381 of Title 9 of the Code of Federal Regulations, or as fish as defined under Subpart 1–201.10(B)(31) of the Food and Drug Administration 2001 Food Code.
(b) “Game animal” includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as land snakes.
(c) “Game animal” does not include ratites.
113796. “Gleaner” means a person who legally gathers remnants of an agricultural crop or harvests part of, or all of, an agricultural crop made available by the owner of the agricultural crop.
113797. “Grade A standards” means the requirements of the United States Public Health Service/FDA “Grade A Pasteurized Milk Ordinance” and “Grade A Condensed and Dry Milk Ordinance” with which certain fluid and dry milk and milk products comply. 14

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113799. “HACCP” means a Hazard Analysis Critical Control Point. 113801. “HACCP plan” means a written document that complies with the requirements of Section 114419.1 and that delineates the formal procedures for following the Hazard Analysis Critical Control Point principles developed by the National Advisory Committee on Microbiological Criteria for Foods. These principles include completion of the following basic steps:
(a) Completion of hazard analysis identification by identifying the likely hazards to consumers presented by a specific food.
(b) Determination of critical control points in receiving, storage, preparation, displaying, and dispensing of a food.
(c) Setting of measurable critical limits for each critical control point determined. (d) Developing and maintaining monitoring practices to determine if critical limits are being met. (e) Developing and utilizing corrective action plans when failure to meet critical limits is detected.
(f) Establishing and maintaining a recordkeeping system to verify adherence to an HACCP plan.
(g) Establishing a system of audits to do both of the following:
(1) Initially verify the effectiveness of the critical limits set and appropriateness of the determination of critical control points.
(2) Periodically verify the effectiveness of the HACCP plan. 113803. “Hazard” means a biological, chemical, or physical property that may cause an unacceptable public health risk.
113804. “Hearing officer” means a local health officer, a director of environmental health, or his or her designee.
113805. “Hermetically sealed container” means a container that is designed and intended to be secure against the entry of micro-organisms and, in the case of low acid canned foods, to maintain the commercial sterility of its contents after processing. 113806. “Highly susceptible population” means a group of persons who are more likely than other people in the general population to experience foodborne disease because both of the following conditions exist:
(a) The group is comprised of immunocompromised persons, preschool age children, or older adults.
(b) The group obtains food at a facility, including, but not limited to, a kidney dialysis center, hospital, nursing home, or senior center, that provides services, such as custodial care, health care, assisted living, or socialization services.
113806.1. “Host facility” means a facility located in a brewery, winery, commercial building, or another location as approved by the local enforcement agency, that meets applicable requirements to support a catering operation that provides food directly to individual consumers for a limited period of time, up to four hours, in any one 12-hour period and that has a permit pursuant to Section 114328.1. “Host facility” does not include the premises described in paragraph (5) of subdivision (c) of Section 113789.
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113807. “Hot dog” means a whole, cured, cooked sausage that is skinless or stuffed in a casing, that may be known as a frankfurter, frank, furter, wiener, red hot, vienna, bologna, garlic bologna, or knockwurst, and that may be served in a bun or roll. 113810. “Imminent health hazard” means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that can cause food infection, food intoxication, disease transmission, vermin infestation, or hazardous condition that requires immediate correction or cessation of operation to prevent injury, illness, or death. 113812. “Impound” means the legal control exercised by the enforcement officer over the use, sale, disposal, or removal of any food, equipment, or utensils. 113814. “Injected” means manipulating meat to which a solution has been introduced into its interior by processes that are referred to as “injecting,” “pinning,” or “stitch pumping.” 113815. “Juice” means the aqueous liquid expressed or extracted from one or more fruits or vegetables, purees of the edible portions of one or more fruits or vegetables, or any concentrates of such liquid or puree. “Juice” includes juice as a beverage, an ingredient of a beverage, and a puree as an ingredient of a beverage.
113816. “Law” means applicable local, state, and federal statutes, regulations, and ordinances. 113818.
(a) “Limited food preparation” means food preparation that is restricted to one or more of the following:
(1) Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food.
(2) Dispensing and portioning of nonpotentially hazardous food. (3) Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source. (4) Holding, portioning, and dispensing of any foods that are prepared by a catering operation for a host facility.
(5) Slicing and chopping of food on a heated cooking surface during the cooking process. (6) Cooking and seasoning to order.
(7) Juicing or preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products. (b) “Limited food preparation” does not include any of the following:
(1) Slicing and chopping unless it is on the heated cooking surface. (2) Thawing.
(3) Cooling of cooked, potentially hazardous food.
(4) Grinding raw ingredients or potentially hazardous food. (5) Reheating of potentially hazardous foods for hot holding, except for steamed or boiled hot dogs and tamales in the original, inedible wrapper.
(6) Except as authorized in paragraph (3) of subdivision (a), hot holding of nonprepackaged, potentially hazardous food, except for roasting corn on the cob, steamed or boiled hot dogs, and tamales in the original, inedible wrapper.
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(7) Washing of foods.
(8) Cooking of potentially hazardous foods for later use. (9) Handling, manufacturing, freezing, processing, or packaging of milk, milk products, or products resembling milk products subject to licensing under Division 15 (commencing with Section 32501) of the Food and Agricultural Code.
113819.
(a) “Limited service charitable feeding operation” means an operation for food service to a consumer solely for providing charity, that is conducted by a nonprofit charitable organization operating pursuant to Chapter 10.6 (commencing with Section 114333), and whose food service is limited to any of the following functions:
(1) Storage and distribution of whole, uncut produce, or of prepackaged, nonpotentially hazardous foods in their original manufacturer’s packaging. (2) Heating, portioning, or assembly of a small volume of commercially prepared foods or ingredients that are not prepackaged.
(3) Reheating or portioning of only commercially prepared foods with no further processing, for purposes of hot holding and no longer than same-day food service to the consumer. (4) Storage or distribution of commercially prepared and commercially packaged potentially hazardous cold or frozen foods for distribution to the consumer, according to the Comprehensive Resource for Food Recovery Programs, as most recently updated by the Conference for Food Protection, or according to another nationally recognized guidance resource as approved by the local enforcement agency.
(b) “Limited service charitable feeding operation” does not include a nonprofit charitable temporary food facility operating pursuant to Chapter 10.5 (commencing with Section 114332), or a temporary food facility operating pursuant to Chapter 11 (commencing with Section 114335). A limited service charitable feeding operation shall operate pursuant to Chapter 10.5 (commencing with Section 114332) or Chapter 11 (commencing with Section 114335) if it operates a nonprofit charitable temporary food facility or a temporary food facility, respectively. 113820. “Linens” means fabric items such as cloth hampers, cloth napkins, tablecloths, wiping cloths, and work garments, including cloth gloves.
113820.5.
(a) “Major food allergen” means all of the following:
(1) Milk.
(2) Eggs.
(3) Fish, including, but not limited to, bass, flounder, and cod. (4) Crustacean shellfish, including, but not limited to, crab, lobster, and shrimp. (5) Tree nuts, including, but not limited to, almonds, pecans, and walnuts. (6) Wheat.
(7) Peanuts.
(8) Soybeans.
(9) A food ingredient that contains protein derived from a food listed in paragraphs (1) to (8), inclusive.
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(b) Major food allergen does not include either of the following:
(1) A highly refined oil derived from a food specified in paragraphs (1) to (8), inclusive, of subdivision (a) and any ingredient derived from that highly refined oil. (2) An ingredient that is exempt under the petition or notification process specified in the federal Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282). 113821.“Major violation” means a violation of this part that may pose an imminent health hazard and warrants immediate closure or other corrective action. 113823. “Meat” means the flesh of animals used as food, including the dressed flesh of cattle, swine, sheep, goats, and other edible animals, except fish, poultry, and wild game animals specified in subdivision (a) of Section 114031.
113824. “Menu change” means a modification of a food facility’s menu that would require a change in the food facility’s food preparation methods, storage equipment, or storage capacity previously approved by the local enforcement agency. These changes may include, but are not limited to, the addition of potentially hazardous foods to a menu, installation of new food preparation or storage equipment, or increasing storage capacity. 113825.
(a) “Microenterprise home kitchen operation” means a food facility that is operated by a resident in a private home where food is stored, handled, and prepared for, and may be served to, consumers, and that meets all of the following requirements:
(1) The operation has no more than one full-time equivalent food employee, not including a family member or household member.
(2) Food is prepared, cooked, and served on the same day. (3) Food is consumed onsite at the microenterprise home kitchen operation or offsite if the food is picked up by the consumer or delivered within a safe time period based on holding equipment capacity.
(4) Food preparation does not involve processes that require a HACCP plan, as specified in Section 114419, or the production, service, or sale of raw milk or raw milk products, as defined in Section 11380 of Title 17 of the California Code of Regulations. (5) The service and sale of raw oysters is prohibited.
(6) Food preparation is limited to no more than 30 individual meals per day, or the approximate equivalent of meal components when sold separately, and no more than 60 individual meals, or the approximate equivalent of meal components when sold separately, per week. The local enforcement agency may decrease the limit of the number of individual meals prepared based on food preparation capacity of the operation, but shall not, in any case, increase the limit of the number of individual meals prepared. (7) The operation has no more than fifty thousand dollars ($50,000) in verifiable gross annual sales, as adjusted annually for inflation based on the California Consumer Price Index. (8) The operation only sells food directly to consumers and not to any wholesaler or retailer.

For purposes of this paragraph, the sale of food prepared in a microenterprise home kitchen operation through the Internet Web site or mobile application of an Internet food service intermediary, as defined in Section 114367.6, is a direct sale to consumers. An operation that sells food through the Internet Web site or mobile application of an Internet food service intermediary shall consent to the disclosures specified in paragraphs (6) and (7) of subdivision (a) of Section 114367.6.
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(b) “Microenterprise home kitchen operation” does not include either of the following:
(1) A catering operation.
(2) A cottage food operation, as defined in Section 113758. (c) For purposes of this section, “resident of a private home” means an individual who resides in the private home when not elsewhere for labor or other special or temporary purpose. 113827. “Minor violation” means a violation of this part that does not pose an imminent health hazard, but does warrant correction.
113831.
(a) “Mobile food facility” means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. “Mobile food facility” does not include a “transporter” used to transport packaged food from a food facility, or other approved source to the consumer.
(b) “Single operating site mobile food facilities” means at least one, but not more than four, unenclosed mobile food facilities, and their auxiliary units, that operate adjacent to each other at a single location.
113833. “Mobile support unit” means a vehicle used in conjunction with a commissary or other permanent food facility that travels to and services mobile food facilities as needed to replenish supplies, including food and potable water, clean the interior of the unit, or dispose of liquid or solid wastes.
113835. “Molluscan shellfish” means any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle.
113837. “Multiservice utensil” means a utensil manufactured for use more than one time. 113839. “Nonpermanent food facility” means a food facility that operates from a mobile unit or at a nonpermanent location, including, but not limited to, a certified farmers’ market, a fishermen’s market, a mobile food facility, a mobile support unit, a temporary food facility, or a vending machine.
113841. “Nonprofit charitable organization” means either of the following:
(a) A corporation incorporated pursuant to the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code), that is exempt from taxation pursuant to paragraphs (1) to (10), inclusive, and paragraph (19) of Section 501(c) of the Internal Revenue Code and Section 23701d of the Revenue and Taxation Code. (b) An organization that was organized and is in operation for charitable purposes and meets the requirements of Section 214 of the Revenue and Taxation Code. 113842. “Nonprofit charitable temporary food facilities” means either one of the following:
(a) A temporary food facility, as defined in Section 113930, that is conducted by a nonprofit charitable organization, as defined in Section 113841.
(b) An established club or organization of students that operates under the authorization of a school or other educational facility.
113843. “Open-air barbecue” means a piece of equipment designed for barbecuing food, where the food is prepared out of doors by cooking directly over hot coals, heated lava, hot stones, gas flame, or other method approved by the department, on equipment suitably 19

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designed and maintained for use out of doors, that is operated by a temporary food facility, a catering operation, or a mobile food facility that remains fixed during hours of operations at a community event or a permanent food facility.
113846. “Outdoor wood-burning oven” means an oven located out of doors, that utilizes wood as the primary fuel for cooking and is operated on the same premises as, and in conjunction with, a permanent food facility or a catering operation. 113849. “Permanent food facility” means a food facility operating in a permanently constructed structure, including any room, building, place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, manufacturing, packaging, or otherwise handling food at the retail level.
113851.
(a) “Permit” means the document issued by the enforcement agency that authorizes a person to operate a food facility or cottage food operation.
(b) “Registration” shall have the same meaning as permit for purposes of implementation and enforcement of this part.
113853. “Permitholder” means the entity that is legally responsible for the operation of the food facility, such as the owner, the owner’s agent, or other person, and possesses a valid permit to operate a food facility.
113855. “Person” means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, syndicate, city, county, or other political subdivision, or any other group or combination acting as a unit. 113856. “Person in charge” means the individual present at a food facility who is responsible for the operation of the food facility.
113859.
(a) “Personal care items” means items or substances that may be poisonous, toxic, or a source of contamination and are used to maintain or enhance a person’s health, hygiene, or appearance.
(b) “Personal care items” include items such as medicines, first aid supplies, cosmetics, and toiletries such as toothpaste and mouthwash.
113861. “pH” means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution. Values between 0 and 7 indicate acidity and values between 7 and 14 indicate alkalinity. The value for pure distilled water is 7, which is considered neutral.
113863. “Plumbing fixture” means a receptacle or device that is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system or discharges used water, waste materials, or sewage directly or indirectly to the drainage system of the premises.
113865. “Plumbing system” means the water supply and distribution pipes, plumbing fixtures and traps, soil, waste, and vent pipes, sanitary and storm sewers and building drains, including their respective connections, devices, and appurtenances within the premises, and water- treating equipment.
113867. “Poisonous or toxic materials” means substances that are not intended for ingestion and are included in one of the following categories:
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(a) Cleaners and sanitizers, which include cleaning and sanitizing agents and agents such as caustics, acids, drying agents, polishes, and other chemicals. (b) Pesticides except sanitizers, which include substances such as insecticides and rodenticides.
(c) Substances necessary for the operation and maintenance of the facility, such as nonfood grade lubricants and personal care items that may be deleterious to health. (d) Substances that are not necessary for the operation and maintenance of the facility and are on the premises for retail sale, such as petroleum products and paints. 113868. “Portable” means equipment that is capable of being lifted and moved or has utility connections that are designed to be disconnected or of sufficient length to permit the unit to be moved for cleaning, and does not exceed 80 pounds (36kg) in weight. 113869. “Potable water” means water that complies with the standards for transient noncommunity water systems pursuant to the California Safe Drinking Water Act (Chapter 4 (commencing with Section 116270) of Part 12, to the extent permitted by federal law. 113871.
(a) “Potentially hazardous food” means a food that requires time or temperature control to limit pathogenic micro-organism growth or toxin formation.
(b) “Potentially hazardous food” includes a food of animal origin that is raw or heat-treated, a food of plant origin that is heat-treated or consists of raw seed sprouts, cut melons, cut tomatoes or mixtures of cut tomatoes that are not modified to render them unable to support pathogenic micro-organism growth or toxin formation, and garlic-in-oil mixtures that are not acidified or otherwise modified at a food processing plant in a way that results in mixtures that do not support growth or toxin formation as specified under subdivision (a). (c) “Potentially hazardous food” does not include any of the following:
(1) A food with an aw value of 0.85 or less.
(2) A food with a pH level of 4.6 or below when measured at 75°F. (3) An air-cooled, hard-boiled egg with shell intact, or an egg with shell intact that is not hard boiled, but has been pasteurized to destroy all viable salmonellae. (4) A food in an unopened, hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution.
(5) A food that has been shown by appropriate microbial challenge studies approved by the enforcement agency not to support the rapid and progressive growth of infectious or toxigenic micro-organisms that may cause food infections or food intoxications, or the growth and toxin production of Clostridium botulinum, such as a food that has an aw and a pH that are above the levels specified under paragraphs (1) and (2) and that may contain a preservative, other barrier to the growth of micro-organisms, or a combination of barriers that inhibit the growth of micro-organisms.
(6) A food that does not support the rapid and progressive growth of infectious or toxigenic micro-organisms, even though the food may contain an infectious or toxigenic micro- organism or chemical or physical contaminant at a level sufficient to cause illness. 113873. “Poultry” means either of the following:
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(a) Any domesticated bird, including chickens, turkeys, ducks, geese, or guineas, whether live or dead, as defined in Poultry Products Inspection Regulations (9 C.F.R. 381). (b) Any migratory waterfowl, game bird, including a pheasant, partridge, quail, grouse, or guinea, or pigeon, ratites, or squab, whether live or dead, as defined in the Voluntary Poultry Inspection Regulations (9 C.F.R. 362).
113874. “Premises” means:
(a) The food facility, its contents, and the contiguous land or property and its facilities and contents that are under the control of the permitholder. (b) The food facility, its contents, and the land or property not described in subdivision (a) if the facility and contents are under the control of the permitholder and may impact food facility personnel, facilities, or operations.
113876. “Prepackaged food” means any properly labeled processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer, a food facility, or other approved source. 113877. “Produce” means any whole edible portion of a plant in its raw and natural state. 113879. “Produce stand” means a permanent food facility that sells, offers for sale, or gives away only produce or shell eggs, or both, except that “produce stand” does not include premises operated by a producer selling or offering for sale only whole produce grown by the producer, or shell eggs, or both, provided that the sales are conducted on premises controlled by the producer.
113880. “Producer” means a person or entity who produces shell eggs or edible plants by practice of the agricultural arts upon land that the person or entity controls. 113881. “Ready-to-eat food” means food that is in a form that is edible without additional preparation to achieve food safety, as specified in Section 114004 or Section 114008, is a raw or partially cooked food of animal origin and the consumer is advised as specified under Section 114093, or may receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes. “Ready-to-eat food” includes all of the following:
(a) Raw food of animal origin that is cooked as specified in Section 114004 or 114008. (b) Raw fruits and vegetables that are washed as specified in Section 113992. (c) Fruits and vegetables that are cooked for hot holding as specified in Section 114010. (d) All potentially hazardous food that is cooked to the temperature and time required for the specific food under Sections 114004, 114008, and 114010 and cooled as specified in Section 114002.
(e) Produce for which further washing, cooking, or other processing is not required for food safety, and from which rinds, peels, husks, or shells, if naturally present, are removed. (f) Substances derived from plants, such as spices, seasonings, and sugar. (g) A bakery item, such as bread, cakes, pies, fillings, or icing, for which further cooking is not required for food safety.
(h) The following products that are produced in accordance with USDA guidelines and that have received a lethality treatment for pathogens: dry, fermented sausages, such as dry salami or pepperoni; salt-cured meat and poultry products, such as prosciutto ham, country cured ham, and parma ham; and dried meat and poultry products, such as jerky or beef sticks. 22

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(i) Foods manufactured according to 21 C.F.R. Part 113—Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers.
113883. “Reduced-oxygen packaging” means the reduction of the amount of oxygen in a package by mechanically evacuating the oxygen, displacing the oxygen with another gas or combination of gases, or otherwise controlling the oxygen content in a package to a level below that normally found in the surrounding atmosphere, which is 21 percent oxygen. “Reduced-oxygen packaging” includes methods that may be referred to as altered atmosphere, modified atmosphere, controlled atmosphere, low oxygen, and vacuum packaging, including sous vide.
113885. “Refrigeration unit” means a mechanical unit that extracts heat from an area through liquefaction and evaporation of a fluid by a compressor, flame, or thermoelectric device, and includes a mechanical thermostatic control device that regulates refrigerated blown air into an enclosed area at or below the minimum required food storage temperature of potentially hazardous foods in conformance with Section 113996.
113887. “Refuse” means solid waste not carried by water through the sewage system. 113889. “Remodel” means construction, building, or repair to the food facility that requires a permit from the local building authority. For purposes of mobile food facilities, temporary food facilities, and satellite food service, “remodel” means any replacement or significant modification of an integral piece of equipment.
113893.
(a) “Restricted food service facility” means either of the following:
(1) A food facility of 20 guestrooms or less that provides overnight transient occupancy accommodations, that serves food only to its registered guests, that serves only a breakfast or similar early morning meal and no other meals, and that includes the price of food in the price of the overnight transient occupancy accommodation. (2) An agricultural homestay facility that meets all of the following requirements:
(A) Has not more than six guest rooms or accommodates not more than 15 guests. (B) Provides overnight transient accommodations.
(C) Serves food only to its registered guests and serves meals at any time, and includes the price of food in the price of the overnight transient occupancy accommodation. (D) Lodging and meals are incidental and not the primary function of the agricultural homestay facility.
(E) The agricultural homestay facility is located on, and is a part of, a farm, as defined in Section 52262 of the Food and Agricultural Code, that produces agricultural products as its primary source of income.
(b) Notwithstanding subdivision (a), a restricted food service facility may serve light foods or snacks presented to the guest for self-service.
(c) The predominant relationship between the occupants of a restricted food service facility and the permitholder of the facility is that of innkeeper and guest. For purposes of this section, the existence of some other legal relationships as between some occupants and the permitholder shall be immaterial.
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113894. “Restrict” means to limit the activities of a food employee so that there is no risk of transmitting a disease that is transmissible through food and the food employee does not work with exposed food, clean equipment, utensils, linens, and unwrapped single-use articles. 113895. “Retail” means the storing, preparing, serving, manufacturing, packaging, transporting, salvaging, or otherwise handling food for dispensing or sale directly to the consumer or indirectly through a delivery service.
113897. “Sanitization” means the application of cumulative heat or chemicals on cleaned food- contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of five logs, which is equal to a 99.999 percent reduction, of representative disease micro-organisms of public health importance.
113899. “Satellite food service” means a remotely located food service operation that is conducted on the same property as, in reasonable proximity to, and in conjunction with and by, a fully enclosed permanent food facility. Satellite food service does not include remote food service operations located within a fully enclosed permanent food facility. 113901. “Sealed” means free of cracks or other openings that allow the entry or passage of moisture.
113903.
(a) “Service animal” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability, or that is in training to do that work or perform those tasks. “Service animal” does not include any other species of animals, whether wild or domestic, trained or untrained.
(b) The work or tasks performed by a service animal shall include assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, or helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this subdivision.
113907. “Shellfish certification number” means a unique combination of letters and numbers assigned by a shellfish control authority to a molluscan shellfish dealer according to law or to the provisions of the National Shellfish Sanitation Program. 113909. “Shellfish control authority” means a state, federal, foreign, tribal, or other government entity legally responsible for administering a program that includes certification of molluscan shellfish harvesters and dealers.
113911. “Shellstock” means raw, in-shell molluscan shellfish 113912. “Shucked shellfish” means molluscan shellfish that have one or both shells removed. 113914. “Single-use articles” mean utensils, tableware, carry-out utensils, bulk food containers, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one time, one person use, after which they are intended for discard. “Single-use articles” also include items such as wax paper, butcher paper, plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle 24

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barrels, ketchup bottles, and number 10 cans that do not meet the materials, durability, strength, and cleanability specifications for utensils under Sections 114130, 114130.1, and 114130.3.
113916 “Smooth” means any of the following:
(a) A food-contact surface that is free of pits, pinholes, cracks, crevices, inclusions, rough edges, and other surface imperfections detectable by visual or tactile inspection. (b) A nonfood-contact equipment surface equal to that of commercial grade hot-rolled steel free of visible scale.
(c) A floor, wall, or ceiling having an even or level surface with no roughness or projections that render it difficult to clean.
113917. “Swap meet” shall have the meaning set forth in Section 21661 of the Business and Professions Code.
113924. “Table-mounted equipment” means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf. 113926. “Tableware” means eating, drinking, and serving utensils for table use, including forks, knives, spoons, bowls, cups, serving dishes, tumblers, and plates. 113928. “Temperature measuring device” means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air, or water. 113930. “Temporary food facility” means a food facility approved by the enforcement officer that operates at a fixed location for the duration of an approved community event or at a swap meet and only as a part of the community event or swap meet. 113931. “Tight-fitting” means fabricated so that joining members are in contact along the entire seam with no opening greater than 1/64th inch (.04 cm). 113932. “Transporter” means any vehicle used to transport food pursuant to a prior order from a manufacturer, distributor, retail food facility, or other approved source to a retail food facility or consumer.
113933. “USDA” means the United States Department of Agriculture. 113934. “Utensil” means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multiuse, single-service, or single-use, gloves used in contact with food, temperature sensing probes of food temperature measuring devices, and probe-type price or identification tags used in contact with food.
113936. “Variance” means a written document issued by the department that allows the use of an alternative practice or procedure based on a determination by the department that the alternate practice or procedure is equivalent to the existing requirements, and that a health hazard will not result from the alternative practice or procedure. A variance may be issued in the following circumstances:
(a) For employee hygiene, as described in subdivision (e) of Section 113953, and Sections 113953.3 and 113953.4.
(b) For protection of food from contamination, as described in Sections 113984, 113986, 113988, and 113992.
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(d) For cooling time and methods, as described in Sections 114002 and 114002.1. (e) For cooking and reheating temperatures for potentially hazardous food, as described in Sections 114004, 114008, 114010, and 114016.
(f) For use of raw shell eggs in foods that are not thoroughly cooked, as described in Section 114012.
(g) For thawing of frozen food, as described in Section 114020. (h) For receiving temperatures of potentially hazardous foods, as described in Section 114037. (i) For reduced-oxygen packaging of potentially hazardous food, as described in Sections 114057 and 114057.1.
(j) For sanitization methods for food-contact and nonfood-contact surfaces, as described in Sections 114099.6, 114109, 114117, 114119, and 114121.
(k) For dispensing bulk potentially hazardous food from vending machines as described in subdivision (c) of Section 114145.
113938. “Vending machine” means a self-service device that, upon insertion of money or tokens, dispenses food without the necessity of replenishing the device between each vending operation and that operates in conjunction with a commissary. “Vending machine” does not include any device dispensing exclusively peanuts, nuts, popcorn, gum, or hard candy, prepackaged candy, cookies, crackers, or similar snacks and beverages that are not potentially hazardous food, and prepackaged ice.
113939. “Vermin” means cockroaches, mice, rats, and similar pests that carry disease. 113939.1. “Vermin infestation” means the presence of vermin within the food facility as evidenced by actual live bodies, fresh droppings or vomitus, urine stains, or gnaw marks, that could result in contamination to the food, equipment, packaging, or utensils. 113940. “Warewashing” means the cleaning and sanitizing of utensils and food-contact surfaces of equipment.
113941. “Warm water” means water that is supplied through a mixing valve or combination faucet at a temperature of at least 100ºF.

CHAPTER 3. Management and Personnel
ARTICLE 1. Supervision
113945. The permitholder shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the food facility during all hours of operation.
113945.1. Except as specified in Section 113984.1, the person in charge shall ensure that persons unnecessary to the food facility operation shall not be allowed in the food preparation, food storage, or warewashing areas.
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California Retail Food Code Effective January 1, 2019
ARTICLE 2. Employee Knowledge
113947
(a) The person in charge and all food employees shall have adequate knowledge of, and shall be properly trained in, food safety as it relates to their assigned duties. (b) The person in charge shall comply with both of the following:
(1) Have adequate knowledge of major food allergens, foods identified as major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
(2) Educate the employees at the food facility regarding the information described in paragraph (1), which the person in charge may elect to accomplish by, among other methods, using a poster or job aid to which the employee can refer. (c) For purposes of this section, “person in charge” means a designated person who has knowledge of safe food handling practices and the major food allergens as they relate to the specific food preparation activities that occur at the food facility. 113947.1.
(a) Food facilities that prepare, handle, or serve nonprepackaged potentially hazardous food, except temporary food facilities, shall have an owner or employee who has successfully passed an approved and accredited food safety certification examination as specified in Sections 113947.2 and 113947.3. There shall be at least one food safety certified owner or employee at each food facility. No certified person at a food facility may serve at any other food facility as the person required to be certified pursuant to this subdivision. The certified owner or employee need not be present at the food facility during all hours of operation. (b) Food facilities that are not subject to the requirements of subdivision (a) that prepare, handle, or serve nonprepackaged, nonpotentially hazardous foods, except temporary food facilities, shall do one of the following:
(1) Have an owner or employee who has successfully passed an approved and accredited food safety certification examination as specified in Sections 113947.2 and 113947.3. (2) Demonstrate to the enforcement officer that the employees have an adequate knowledge of food safety principles as they relate to the specific operation involved in their assigned duties.
(c) On and after July 1, 2007, temporary food facilities that prepare, handle, or serve nonprepackaged food shall have an owner or person in charge who can demonstrate to the enforcement officer that he or she has an adequate knowledge of food safety principles as they relate to the specific food facility operation.
(d)
(1) For the purposes of this section, multiple contiguous food facilities permitted within the same site and under the same management, ownership, or control shall be deemed to be one food facility, notwithstanding the fact that the food facilities may operate under separate permits.
(2) This subdivision shall not apply to the premises of a licensed winegrower or brandy manufacturer utilized for wine tastings conducted pursuant to Section 23356.1 of the 27

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Beaumont City CouncilOctober 17, 2023

Beaumont City Council
October 17, 2023