i. "Fully shielded" a lighting fixture shielded or constructed so that light rays are only emitted at angles below a horizontal plane passing through the lowest point of the fixture from which it is emitted. Sometimes referred to as a "full -cutoff fixture; ii. "Shielded" a light fixture emitting less than two percent of its light above the horizontal plane;
iii. "Partly shielded" a light fixture emitting less than ten percent of its light above the horizontal plane. Sometimes referred to as a "semi -cutoff fixture; iv. "Unshielded" a light fixture that emits ten percent or more of its light above the horizontal plane.
"Sky glow" the brightening of the night sky attributable to man-made sources of light. "Temporary lighting" lighting installed with temporary wiring and operated for less than 60 days in any calendar year. Temporary lighting includes "string lighting", which is any type of lighting and utilizes more than one lamp or bulb connected by a continuous wire and not exceeding 1.5 watts per bulb. Temporary lighting does not include flashing lamps or bulbs unless they are temporary holiday decorations.
(Ord. 1014, 5-1-2012; Ord. No. 1054 , § 1(Exh. A), 3-17-2015)
8.50.030 Establishment of Lighting Zones.
There is hereby established three Lighting Zones within the City of Beaumont for the purpose of regulating and establishing standards for the reasonable use of outdoor lighting, the area of which zones are defined on the basis of land use:
8.50.030.1 The Residential Lighting Zone: shall consist of all areas of the City zoned exclusively for residential uses;
8.50.030.2 The Commercial Industrial Lighting Zone: shall consist of all areas of the City zoned exclusively for commercial and industrial uses;
8.50.030.3 The Special Use Lighting Zone: shall consist of specific land uses which require accurate color rendition, as more specifically provided for in Section 8.50.080, below. (Ord. 1014, 5-1-2012; Ord. No. 1054 , § 1(Exh. A), 3-17-2015)
8.50.040 Prohibited lighting.
The following lighting systems are prohibited in all Lighting Zones, except by special event permit or Conditional Use Permit: aerial lasers, "search light" style lights, mercury vapor lights, flashing lights (unless they are temporary "holiday decorations" as provided for in Section
8.50.050.3 below), low-pressure sodium fixtures, lighting fixtures mounted in such a way as to illuminate a wall, building facade, roof or awning, or aimed only towards a property line, or which interferes with the safe operation of a motor vehicle as determined by the Police Chief or City Engineer, and billboard lighting that is pointed up.
(Ord. 1014, 5-1-2012; Ord. No. 1054 , § 1(Exh. A), 3-17-2015)
8.50.050 Exempt lighting.
The following outdoor lighting fixtures are exempt from this Chapter:
8.50.050.1 Fossil fuel (e.g., gas) lamps;
8.50.050.2 Neon;
8.50.050.3 Temporary holiday decorations;
8.50.050.4 Flag lighting of 150 watts or less;
8.50.050.5 Emergency lighting;
8.50.050.6 Internally illuminated signs that have dark backgrounds (opaque or colored) and light lettering (white or colored lighter than the background) so as to minimize glare;
8.50.050.7 Motion detector lighting fixtures, provided (a) that there is no light trespass, (b) the fixtures are mounted within five feet of an entrance or exit door or alcove of a structure, (c) installed no more than eight feet above the ground, (d) illuminated with a maximum of two light bulbs of no more than 75 watts each, (e) maximum time the light is on after being triggered is ten minutes, and (f) light cannot be trigger from more than 30 feet away;
8.50.050.8 Exposed string outdoor lighting, provided (a) that they consist exclusively of a white light with a clear bulb, and (b) the installation of such lights shall be limited to the lighting of living landscape features (shrubs and trees) in outside dining areas or within the parking areas of a commercial center or plaza.
(Ord. 1014, 5-1-2012; Ord. No. 1054 , § 1(Exh. A), 3-17-2015)
8.50.060 Lighting in the Residential Lighting Zone.
8.50.060.1 Generally. All outdoor lighting fixtures shall be installed and operated in conformance with this Chapter, and the California Building Code. The following standards are applicable to all outdoor lighting within the Residential Lighting Zone.
8.50.060.2 Maximum lumens and Shielding. All outdoor lighting shall comply with the following lamp lumen limits and shielding requirements:
a. Fully shielded: 2,250 lumens (or equivalent) maximum; b. Shielded: 825 lumens (or equivalent) maximum;
c. Partly shielded: None permitted;
d. Unshielded: Low voltage (24 volts or less) landscaping lighting only;
e. Prohibition against adjustable light fixture mounts: Outdoor lighting fixtures shall be permanently installed so as to maintain the shielding requirements, except that low voltage landscaping lighting may use flexible or adjustable mounting systems.
8.50.060.3 Height Limit. Lights mounted on poles or structures intended primarily for mounting lights shall not exceed a mounting height of 40 percent of the horizontal distance of the light pole from the property line, up to a maximum of 16 feet high, whichever is lower; except that lighting attached to single family residences shall not exceed the height of the roof eave.
8.50.060.4 Total Lamp Power Limit. This subsection applies to all outdoor lighting, whether attached to a building, poles or other structures. The maximum allowable lighting limit per lot in the Residential Lighting Zone shall be determined by multiplying the area (square footage) of the lot by 0.03, the allowable lamp wattage per square foot of lot area.
8.50.060.5 Nonconforming Lighting. All outdoor light fixtures existing and legally installed prior to the effective date of this Chapter shall be deemed non -conforming and are exempt from the requirements of this Chapter except that non -conforming lighting fixtures shall not be structurally altered, reconstructed or replaced so as to extend their useful life. In the event that any non -conforming lighting fixture is structurally altered, reconstructed or replaced, such fixture shall be made to conform to the requirements of this Chapter. Additionally, should it be determined that a non -conforming light fixture results in light trespass, the Planning Director may require that the light be shielded, filtered, redirected, replaced with a less intense light source, removed or a combination thereof, to eliminate light trespass. Alternatively, a variance may be applied for.
(Ord. 1014, 5-1-2012; Ord. No. 1054 , § 1(Exh. A), 3-17-2015)
8.50.070 Lighting in the Commercial/Industrial Zone.
8.50.070.1 Generally. All outdoor lighting fixtures shall be installed and operated in conformance with this Chapter, and the Uniform Building and Electrical Codes. The following standards are applicable to all outdoor lighting within the Commercial/Industrial Zone:
8.50.070.2 Maximum Lumen and Shielding. All outdoor lighting shall comply with the following lamp lumen limits and shielding requirements:
a. Fully shielded: 60,000 lumens (or equivalent) maximum; b. Shielded: 1,500 lumens (or equivalent) maximum;
c. Partly shielded: 825 lumens (or equivalent) maximum; d. Unshielded: Low voltage (24 volts or less) landscape and ornamental lighting; e. Prohibition against adjustable light fixture mounts: Outdoor lighting fixtures shall be permanently installed so as to maintain the shielding requirements, except that landscape and ornamental lighting may use flexible or adjustable mounting systems.
8.50.070.3 Height Limit. Lights mounted on poles or structures intended primarily for mounting lights shall not exceed a mounting height of 40 percent of the horizontal distance of the light pole from the property line, up to a maximum of 20 feet high, whichever is lower; except that lighting attached to single story building shall not exceed the height of the roof eave. Poles shall be appropriately scaled for small buildings and lots. Fixtures shall be in scale with the proposed height.
8.50.070.4 Total Lamp Power Limit. This subsection applies to all outdoor lighting, whether attached to a building, poles or other structures. The maximum allowable lighting limit per parcel in the Commercial/Industrial Zone shall be determined by multiplying the area (square footage) of the parcel by 0.05, the allowable lamp wattage per square foot of parcel area.
Project scale may require closer spacing and lower wattage.
8.50.070.5 Lighting Curfew. Outdoor lighting systems in the Commercial/Industrial Zone shall be turned off or reduced in lighting by at least 50 percent beginning at 10:00 p.m. or close of business, whichever is later, until dawn or the start of business, whichever is sooner. The reduction shall be determined as an overall average for the parcel. When possible, the lighting system shall be turned off rather than reduced in lighting level. Lighting shall be equipped with controls for photocell on and timer off. Exceptions to the lighting curfew are as follows:
a. When there is only one conforming lighting fixture for the parcel; or b. When a law or regulation requires lighting for steps and stairs; or c. When, in the opinion of the Planning Director, reduced lighting levels at a given location will cause unacceptable increased risk and design levels must be maintained.
8.50.070.6 Nonconforming Lighting. All outdoor light fixtures existing and legally installed prior to the effective date of this Chapter shall be deemed non -conforming and are exempt from the requirements of this Chapter except that non -conforming lighting fixtures shall not be structurally altered, reconstructed or replaced so as to extend their useful life.
In the event that any non -conforming lighting fixture is structurally altered, reconstructed or replaced, such fixture shall be made to conform to the requirements of this Chapter.
Additionally, should it be determined that a non -conforming light fixture results in light trespass, the Planning Director may require that the light be shielded, filtered, redirected, replaced with a less intense light source, removed or a combination thereof, to eliminate light trespass. Alternatively, a variance may be applied for.
8.50.070.7 Electronic Billboard Lightning Requirements. Electronic billboard operating criteria:
a. Each static message shall not include flashing lights or the varying of light intensity. b. Minimum Display Time. Each message shall be displayed for a minimum of four (4) seconds.
c. Electronic billboards shall not operate at brightness levels of more than 0.3 foot-candles above ambient light, as measured using a foot-candle meter, at a pre-set distance as set forth under this section.
d. Pre-set distances to measure the foot-candles' impact vary with the expected viewing distances of each size sign and shall comply with the following:
Nominal Face Size Distance to Point of
Measurement
12' x 25'
10'6" x 36'
14' x 48'
150'
200'
250'
e. Each electronic billboard shall have a light sensing device that will adjust the brightness as ambient light conditions change.
f. Each electronic billboard shall be designed and required to freeze the display in one (1) static position, display a full black screen, or turn off, in the event of a malfunction. g. Electronic billboards shall not be operated in such a fashion as to constitute a hazard to safe and efficient operation of vehicles on streets or freeways and shall comply with all applicable local, state, and federal laws and regulations. h. No electronic billboard shall involve any red or blinking or intermittent light that may be mistaken for warning or danger signals nor shall its illumination impair the vision of travelers on the adjacent freeway and for roadways.
i. Electronic billboards shall be operated and maintained in compliance with Business and Professions Code Section 5403.
(Ord. 1014, 5-1-2012; Ord. 1029, 12-18-2012; Ord. No. 1054 , § 1(Exh. A), 3-17-2015)
8.50.080 Special Use Zone.
8.50.080.1 Generally. The Special Use Area shall consist of specific land uses where the use of the space or area requires colors to be rendered as accurately as possible. Such uses may include, but are not limited to:
a. Automobile sales lots;
b. Outdoor recreation facilities (e.g. tennis courts, driving ranges, ball fields); c. Outdoor advertising displays;
d. Service stations;
e. Industrial areas were higher pole heights are required to avoid interference with vehicle operations;
8.50.080.2 Minor Plot Plan Required. A Minor Plot Plan ("MPP") for outdoor lighting in a Special Use Area shall be applied for and obtained from the Planning Director, upon written application therefore and the payment of an administrative fee. To obtain a MPP, applicants shall demonstrate that the proposed lighting installation:
a. Is not within the Residential Lighting Zone;
b. Utilizes fully -shielded, side shielded and internally -shielded light fixtures to the maximum extent practicable;
c. Includes measures to mitigate light trespass and artificial sky glow.
8.50.080.3 Lighting Curfew. Outdoor lighting systems in the Commercial/Industrial Zone shall be turned off or reduced in lighting by at least 50 percent beginning at 10:00 p.m. or close of business, whichever is later, until dawn or the start of business, whichever is sooner. The reduction shall be determined as an overall average for the parcel. When possible, the lighting system shall be turned off rather than reduced in lighting level. Lighting shall be equipped with controls for photocell on and timer off.
(Ord. 1014, 5-1-2012; Ord. No. 1054 , § 1(Exh. A), 3-17-2015)
8.50.085 Parks and trails lighting specifications.
8.50.085.1 Generally. The following specifications shall apply to all public and private sidewalks, pedestrian trails, bicycle paths, and equestrian trails (collectively, "trails"), and public parks.
8.50.085.2 Trails. Overhead lighting shall be placed on poles not more than 16 feet in height, illuminating only the trail itself plus an additional area of not more than five feet in width on either side of the trail, with a total lamp power limit of 0.040 watts per square foot.
8.50.085.3 Parks. Overhead lighting in parks shall be placed on poles not more than 16 feet in height, with a total lamp power limit of 0.020 watts per square foot; however solar/LED lighting is preferred in parks and will be reviewed on a project basis.
8.50.085.4 Shared Public Lighting. Where street lights occur adjacent to parks and/or trails add an additional arm and light fixture to illuminate the adjacent park/trail area. (Ord. 1014, 5-1-2012; Ord. No. 1054 , § 1(Exh. A), 3-17-2015)
8.50.090 Street lighting specifications.
8.50.090.1 Generally. The following specifications apply to all street lighting in the City, on all public and private roadways. The City has adopted the Southern California Edison (SCE) rate standards; scheduled rates LS -3 and LS -2. The City will accept the option of re -tamping. This rate schedule is for collector roads, arterial roads and highways. LS -3 is a metered system with a special rate. It may be combined with the sprinkler controller meter pedestal, in most cases.
The in -tract streetlights on residential roads will be LS -2, fed from the nearest Point of Contact with SCE. The developer of each tract map or parcel map will pay the City to install the street lighting system. The street lighting system will be wholly -owned and installed by the City. The LS -3 systems shall consist of a two-inch conduit from the SCE source to a meter pedestal to the lights per approved layouts. All work performed shall be by a Licensed Electrical Contractor. All
inspections shall be by the City of Beaumont. All new installations of street lights utilizing previously approved plans on collector roads shall utilize LED type luminaries; new installations in new tracts and collector roads shall be LED type luminaires and powered via solar power utilizing battery backup. These solar powered lights shall be referred to as "solar/LED lights" herein.
8.50.090.2 LED Fixture Standard. LED Luminaries to have rated life of 70,000 hours, 5000k color, Dark Sky approval, readily available replacement parts, and bird barrier spikes installed.
8.50.090.3 Solar/LED Assembly. The specified and test brand is Sol Lighting, style 10/10 and 20/20 with top mount photovoltaic/battery assembly. This assembly is to have an LED luminaire, solar panel(s), locking vented battery enclosure, articulating solar panel mount, maintenance -free 100Ah sealed gel cell battery(s) sized for three nights of operation without charging, and a system controller capable of dimming LED and regulating battery charge voltage. There shall be two standard types of these solar/LED assemblies; a 2057 lumen [SOL#Z- 1-XF-3-E-30-D-H-2] and a 4169 lumen [SOL#Z-1-TF-3-E-74-D-H-2] version. Both shall be designed to operate for a minimum of three nights without charging once fully charged.
8.50.090.4 Poles. All poles will be round steel tapered poles with a bronze. On interior streets the builder can select the street light color or use the basic City color The Type A is a 30 - watt and will be installed on a 23 -foot pole, with a six-foot arm upswept three feet for a luminaire mounting height of 26 feet. The Type C-1, C-2 and D is a 4169 lumen fixture and will be mounted on a 23 -foot pole with a eight foot arm upswept five feet for a luminaire mounting height of 28 feet. All arms are to be hot dipped galvanized steel or aluminum with a rain cap.
Colored arms may be baked powder coating. Poles must have a minimum 80 miles per hour wind factor and sustain a 1.3 gust factor. The approved manufacturer is Valmont, Inc. All poles will be identified on the pole label with the letters "BMT" to signify they are part of the City of Beaumont street lighting system. Type B pole is a specially approved custom pole and has a specific luminaire.
8.50.090.5 Pole Bases. All poles will have a 30 -inch round or square in -ground base with a depth of 48 inches from top of curb, and a minimum 42 inches of concrete base depth. There will be four one -inch anchor bolts 36 inches long with a four -inch turn. Washers will be installed above and below the one -inch pole -mounting flange. Anchor bolts, washers and nuts will all be hot dipped galvanized steel per pole manufacturer specifications. All poles are to be placed behind the curb with a center of pole measurement of 18 inches from the face of curb to the center of pole. In projects with a "rolled" curb or a "wedge" curb streetlights may be placed behind the sidewalk if necessary. Concrete for pole bases shall be a public works design mix with test strength of 3250 PSI.
8.50.090.6 Wiring to Pole. Where solar/LED style lights are not utilized, wiring to pole will be two #12 THWN stranded (one red and one black) ran down through pole, in one -inch schedule 40 PVC underground to an 11 inches wide by 17 inches long by 12 -inch deep concrete hand hole with concrete cover marked "street lights" behind the sidewalk or next to the pole, in the sidewalk. All pull boxes shall have locks for the covers. Install a #6 copper wire through the one -inch PVC and ground below the top washer on one of the pole flanges with one -inch
threaded nuts. In the same box provide two Fusetron GEB-II-II fuse holders with five amp 250 - volt midget fuses on the power conductors (black and red). All fuse holders shall be taped with a 50 percent overlay, and a minimum of three layers. Two coatings of "scotch coat" shall be applied to all taped connections, for waterproofing. At the luminaire leave 12 inches of slack wire as a service loop. All wire shall be copper.
8.50.090.7 The Main Wiring. Where solar/LED style lights are not utilized system shall be one -inch schedule 40 PVC run behind the curb, or shall be trenched with a minimum depth of 18 inches, in the parkway and 24 inches under any street, or be four inches below four inches of concrete. At all times there must be a one -inch separation between the installed conduit and the concrete above it. On regular curb installations, with cut out or depressed driveway approaches, conduits run behind the curb must not be installed in the approach pour. Concrete pull boxes sized 11 inches by 17 inches by 12 inches will be placed behind the sidewalk at each pole and placed in long runs at a distance of 300 feet. The same pull boxes will be used for street crossings and branch wiring terminations. A pull box must be installed on at least one side of each street crossing, and all street crossing shall be run at a 90 -degree angle with the main flow of the street. All Main wiring between the street lights, and the meter will be one #8 THWN Black, one #8 THWN Red, and one #8 THWN Green. Midblock lights are fed by one #8 THWN Blue, and one #8 THWN Yellow, in the same conduit. All terminations and splices will have epoxy seal packs installed on each connection in the pull boxes. All terminations will be made up with 3M brand Blue wire nuts. Ground wires do not require epoxy seal packs. All wire shall be copper. When wire nuts are used in the luminaire installation they must be securely taped. All wiring shall be #8 to three or more poles. When wiring under the LS -2 system with two poles or less the wire shall be #12 to the hand holes and to the Point of Contact. Use approved fuse holders at Point of Contact with SCE.
8.50.090.8 The Circuitry and Voltage Drop. On the wire, shall not exceed five percent to the last light on the run or in any circumstance. The #8 THWN wire will have a breaker rated at 50 amps and be a two -pole rated breaker. If a large number of lights are fed off one pedestal and it is necessary to run two radial circuits, install a second 50 -amp two -pole breaker to feed the second set of lights. The main switching of all lights will be the photocell at each light. Wire must be oversized to allow for voltage drop, use #6 THWN or #4 THWN when necessary. Circuit designs are about 3,000 plus feet for #8 THWN wire, and may extend to over 4,000 feet depending on connected load.
8.50.090.9 The Meter Pedestal and Point of Contact. Where solar/LED style lights are not used, the meter pedestal will be an enclosed "traffic signal" type. It will be rated 120/240 - one phase three -wire, and have four jaws. The minimum amperage will be 100. The maximum AIC rating is 10,000AIC. If the number of lights on one circuit exceeds the capacity of the breaker, add a second one. lithe number of lights exceeds a load of 100 amps, use a 200 -amp meter with the same specifications. The meter pedestal will be fed from the nearest SCE pull box with three-inch schedule 40 PVC, verify location with the area SCE planner. If there is a landscape sprinkler clock, which controls solenoids only, no booster pumps, it may be added to the street light meter pedestal. This saves the need for two different meters. All meter pedestals require
three one -inch PVC 90 -degree stub outs for future wiring of lighting or sprinkler timing clocks.
The meter pedestal is only required with LS -3 street lights. Under LS -2 the Point of Contact is the nearest available SCE power, a hand hole, transformer pad or other junction point. When required the SCE meter coordination, SCE Service application, SCE fees, City of Beaumont electrical permit and the City of Beaumont service account setup is the responsibility of the Contractor. The Point of Contact for the LS -2 street lights shall be interconnected with SCE with two-inch schedule 40 PVC, with 24 -inch radius sweeps, 30 inches of cover, and a 36 -inch pull rope. Fuses shall be installed in the Point of Contact pull box, SCE will provide #2 wire to the first hand hole. A %-inch copper -clad ground rod will be installed in the Point of Contact hand hole and the #8 ground wire will clamped to the rod with a "football or acorn style" ground clamp.
8.50.090.10 Layout of Poles. Will be based on the following street width design:
A. 36-, 40- and 44 foot streets. These are Local/Collector Streets, will be 30 watt luminaire. 30 watt will be used on interior streets of tracts at intersections, knuckles and culs-de-sac.
1. For RESIDENTIAL streets the only lights to be installed are at intersections, knuckles, cull -de -sac, or bends where other street lights are not visible. A midblock light shall permitted in areas in which the block is longer than 1,000 feet. A 2057 lumen fixture is to be installed on a Type A 23 -foot pole with a mounting height of 26 feet. The arm is to be six feet long. When installed the minimum average foot-candles on the lanes of travel will not be less than .37 foot-candles. The average divided by the minimum will be in a ratio of 6:1. The minimum foot-candles will be .06. Refer to pole standard 1, Type A. Additional lighting may be permitted per Section 8.50.090.11 for pedestrian conflict areas such as around parks, schools and public meeting places.
2. For COMMERCIAL streets only 4169 lumen fixtures and poles can be used. The minimum average foot-candles on the lanes of travel will not be less than .84 foot-candles. The average divided by the minimum will be in a ratio of 6:1. The minimum foot-candles will be .16. The maximum spacing will be 200 feet with stagger or straight spacing. See diagram 9.A.2 for photometric layouts. Refer to pole standard 3, Type C-1 or Type C-2.
3. For RURAL streets the only lights to be installed are at intersections, knuckles, culs-de-sac, bends, or other conflict areas as determined necessary by the Director of Planning. A 2057 lumen fixture is to be installed on a Type A 23 -foot pole with a mounting height of 26 feet. The arm is to be six feet long. When installed the minimum average foot-candles on the lanes of travel will not be less than .37 foot-candles. The average divided by the minimum will be in a ratio of 6:1. The minimum foot-candles will be .06. See diagrams 9.A.1A for photometric layouts. Refer to pole standard 1, Type A.
B. 56- and 64 foot streets. These are Divided Collector or Secondary Highways, will be 4169 lumens.
1. For RESIDENTIAL streets the minimum average foot-candles on the lanes of travel will not be less than .66 foot-candles. The average divided by the minimum will be in a ratio of 4:1. The minimum foot-candles will be .16. The maximum spacing will be 200 feet with a straight or stagger spacing. Use a 4169 lumens luminaire. Refer to pole standard 3, Type C-1 or Type C-2.
2. For COMMERCIAL streets the minimum average foot-candles on the lanes of travel will not be less than 1.12 foot-candles. The average divided by the minimum will be in a ratio of 4:1. The minimum foot-candles will be .28. The maximum spacing will be 200 feet with a stagger or straight spacing. Use a 4169 lumens luminaire. Refer to pole standard 3, Type C-1 or Type C-2.
3. For RURAL streets the only lights to be installed are at intersections, knuckles, culs-de-sac, bends, or other conflict areas as determined necessary by the Director of Planning. When installed the minimum average foot-candles on the lanes of travel will not be less than 1.12 foot-candles. The average divided by the minimum will be in a ratio of 4:1. The minimum foot-candles will be .28. Use a 4169 lumens luminaire. Refer to pole standard 3, Type C-1 or Type C-2.
C. 76 foot and wider streets. These are Major or Arterial Highway or urban alternate streets, will be 4169 lumens luminaire.
1. For RESIDENTIAL streets the minimum average foot-candles on the lanes of travel will not be less than .84 foot-candles. The average divided by the minimum will be at a ratio of 3:1. The minimum foot-candles will be .28. The maximum spacing will be 200 feet with a stagger or straight spacing. Use a 4169 lumen luminaire. Refer to pole standard 3, Type C-1 or Type C-2.
2. For COMMERCIAL streets the minimum average foot-candles on the lanes of travel will not be less than 1.3 foot-candles. The average divided by the minimum will be at a ratio of 3:1. The minimum foot-candles will be .40. The maximum spacing will be 180 feet with a stagger or straight spacing. Use a 4169 lumen luminaire. Refer to pole standard 3, Type C-1 or Type C-2.
3. If the street has a raised median, the preferred placement of the luminaries is doubled up on the poles mounted in the median. This is the most economical and best layout. This would be when a developer is responsible for the whole street width improvement.
4. If the street has a painted median, the placement of the luminaries is on the sides of the streets, not in the painted median. This is when the developer is responsible for one-half the street improvement and the other half is a different developer's responsibility.
5. For RURAL streets the only lights to be installed are at intersections, knuckles, culs-de-sac, bends, or other conflict areas as determined necessary by the Director of Planning. When installed the minimum average foot-candles on the lanes of travel will not be less than 1.3 foot-candles. The average divided by the minimum will be at a ratio of 3:1. The minimum foot- candles will be .40. Use a 4169 lumen luminaire. Refer to pole standard 3, Type C-1 or Type C-2.
8.50.090.11 Layout of Poles at Pedestrian Conflict Areas for Residential Neighborhoods.
Will include but are not limited to intersections, marked crosswalks, culs-de-sac, knuckles, areas around parks, schools, gang -style mailbox locations and public meeting places. Where Type A poles are required, the layout will be 26 -foot poles with 2057 lumen luminaries spaced at 190 feet, straight or stagger spacing, with all mid -block lights installed. The minimum average foot- candles are .37 foot-candles on all lanes of traffic. The average divided by the minimum will be at a ratio of 6:1. The minimum foot-candles shall not be less than .06 foot-candles. When required foot candles cannot be meet due to wider streets a Type D (2057 lumen) pole shall be allowed with a maximum spacing of 240 feet with a stagger or straight spacing. Refer to pole standard 2, Type D.
8.50.090.12 Special Decorative Fixtures. Will follow the same foot-candle requirements and must be separately calculated for the proper spacing. Due to our dark sky policy, the City of Beaumont Public Works Director or his or her designee must approve all substitutions to prevent any lighting above 90 degrees. All decorative shall be called Type B. All new decorative design projects, solar/LED style lights shall be utilized.
8.50.090.13 Placement at Intersections. The poles are to be installed at the back of curb radius, not ever in a radii of the corner. All poles shall be five feet from a driveway approach, fire hydrant, traffic light, crossing signals, or any street signage or safety marker.
8.50.090.14Location of Poles. Poles are to be placed at or as near as possible to property lines on all residential streets.
8.50.090.15 Substitutions. All specifications are subject to "or equal" substitutions, and must be approved in advance by the City of Beaumont Public Works Director or his or her designee.
8.50.090.16 Street Light Curfew. All mid -block lights on 56-, 64- and 76 -foot roads will be turned off by an electronic time clock at the meter pedestal, or via digital control in solar/LED unit. The time clock will be rated 30 amps and have a 30 -amp two -pole breaker installed to feed the time clock. The specified clock model is # ETI04C Intermatic or equal. All lights will still have a photocell and the time clock will control the operation of the photocell. Two extra #8 wires will be pulled in these conduits (1-#8 THWN Blue, and 1-#8 THWN Yellow). No deviation from the color code will EVER be allowed.
8.50.090.17 The Street Types and Layout Requirements are as follows:
MINIMUM AVERAGE HORIZONTAL FOOT CANDLES
Types of Street
Width of Street I Commercial
Residential
Major or Arterial
Highway or Urban
Alternate
76 Feet and Wider
1.3 fc (3:1) Ratio
0.84 fc (3:1) Ratio
Divided Collector
Street or Secondary
Highway
56 and 64 Feet
1.2 fc (4:1) Ratio
0.66 fc (4:1) Ratio
Local and Collector
Streets
36, 40 and 44 Feet
0.84 fc (6:1) Ratio
0.37 fc (6:1) Ratio
Note 1: Ratio is overall average foot-candles divided by the minimum foot-candles.
Note 2: Special layout on the Local and Collector Streets for residential applications. See #9 A.1 and #10 above for more information.
8.50.090.18 Plans. All standards are subject to substitution of brand name for an approved equal. These specifications are a guideline. Street improvement plans must be submitted to the City of Beaumont Public Works Department. The location, aiming, fixture, pole, solar/LED assembly and base detail to be shown on one set of drawings for each street lighting project.
The City's Application and inspections fees will be set by resolution. The plans shall not be approved until the review fee is paid and no inspection shall be scheduled before the inspection fees have been paid. Developer shall submit three full sets of plans for review and will be notified once review is complete.
8.50.090.19 Inspection. The developer shall provide the City inspector with an onsite signed set of plans for inspection purposes. All sites shall have "Dig Alert" called 48 hours prior to excavation and encroachment permits from the City when necessary.
8.50.090.20 Monthly 0 & M Charges. On all private street systems the City will charge the owner or Home Owners Association for the street lighting usage based on the SCE LS -I rates.
These charges will be monthly and will include an energy charge, a service charge and a maintenance charge. No charges shall be levied on solar/LED style lights. (Ord. 1014, 5-1-2012; Ord. No. 1054 , § 1(Exh. A), 3-17-2015)
8.50.095 Diagrams and exhibits.
All diagrams and exhibits referenced in this Chapter shall be kept on file in the Office of the Director of Planning.
(Ord. 1029, 12-18-2012; Ord. No. 1054 , § 1(Exh. A), 3-17-2015)
8.50.100 Administration and enforcement.
8.50.100.1 Generally. The Planning Director or his or her designee shall administer and enforce the provisions of this Chapter. Any person who wishes to appeal any order, decision or
determination made by the Planning Director or his or her designee shall do so in accordance with this Chapter. From time -to -time the Planning Director or his or her designee may recommend, and the City Council may adopt by resolution, as deemed necessary, appropriate fees, rules and regulations to implement the provisions of this Chapter. Such rules and regulations shall have the force of law and failure to comply shall be considered a violation of this Chapter. Such rules and regulations shall be implemented with the intent of minimizing light pollution, glare and trespass, and reducing energy use.
8.50.100.2 Lighting Plan. Outdoor lighting plans shall be submitted, accompanied by application, review and inspection fees, to the Planning Director or his or her designee for all commercial, industrial, institutional and residential development for review. The Planning Director or his or her designee shall determine whether the plans comply with the applicable provisions of this Chapter, and shall be approved if in compliance, except that applications for outdoor lighting in the Special Use Zone may be subject to review and approval of a Conditional Use Permit by the Planning Commission.
8.50.100.3 Appeal. An applicant may appeal the determination of the Planning Director or his or her designee within 15 days to the Planning Commission.. The applicant may appeal the Planning Commission's decision to deny or conditionally -approve a CUP within 15 days thereafter to the City Council, and the City Council's determination shall be final and conclusive for all proposes.
8.50.100.4 Variance for Non -Conforming Lighting. In the event the Planning Director or his or her designee determines that a non -conforming lighting fixtures results in light trespass, the responsible party shall shield, filter, redirect or replace the light with a less intense light source, or remove the light to eliminate the light trespass. Corrective action shall be taken within ten days after the determination. The Planning Director or his or her designee may grant additional time (not to exceed 90 days) to remedy the light trespass for hardship ("hardship" shall mean that there is a degree of difficulty in accessibility to the fixture, financial difficulty or cost of correcting the light trespass). A variance may be granted only if the following findings supported by substantial evidence can be made:
a. There are special circumstances or conditions applying to the land, building or outdoor light fixture(s) for which the variance is sought, which circumstances or conditions are peculiar to such land, building or outdoor light fixtures and do not generally apply to the land, buildings or outdoor light fixtures in the neighborhood; and
b. The granting of a variance will generally be in harmony with the intent of this Chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
The Planning Director shall make a determination of the variance request and notify the applicant in writing of his/her decision. The Planning Director's determination may be appealed by any person to the Planning Commission within 15 days of the decision. Alternatively, the
Planning Director may forward the request to the Planning Commission because of the degree of light trespass, the cost of correction or other similar issues.
8.50.100.5 Violations and Penalties. It shall be unlawful for any person to install, erect, construct, operate, enlarge, alter, replace, move, improve or convert any outdoor lighting fixtures or structure, or cause the same to be done, contrary to or in violation of any provision of this Chapter.
a. Any person who violates the provisions of this Chapter shall first receive a correction notice for the first violation in any given calendar year. The notice shall specify the nature of the offense, the date of occurrence and the required correction. b. In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Chapter 1.17 or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Section 1.16.040.
Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor, punishable by a fine of $1,000.00, or six months in jail, or both. (Ord. 1014, 5-1-2012; Ord. No. 1054 , § 1(Exh. A), 3-17-2015)
Chapter 17.07 - SIGNS
17.07.010 - Purpose, needs, and goal interest served.
It is the purpose of this Chapter to make the City attractive to residents, visitors and commercial, industrial and professional businesses while maintaining economic stability and vitality through an attractive signing program.
A. Recognition of Needs; Goals. The City recognizes the need for signs as a means to identify businesses and other necessary and beneficial activities within the community. The City finds that signage is an important design element of the physical environment. Provisions consistent with the goals and objectives of the community are necessary to ensure that the special character and image that the community is striving for can be attained while serving business and other needs in the community. The City is striving to provide an economically stable and visually attractive community through high quality site planning, building designs, landscaping and signage. As a planned architectural feature, a sign can be pleasing and can harmonize with the physical character of its environment. Proper controls can achieve this goal and will make the City a more attractive place to live, work and shop.
B. Interests Served. The City enacts this Chapter to serve many important governmental, City and community interests, which include but are not limited to: community aesthetics and the promotion of the visual appeal of the City, promotion of economic activity, and the promotion of safety for motorists and pedestrians.
C. Authority. The City enacts this Chapter pursuant to the authority granted by the State Legislature and codified as Government Code section 65850, and federal laws, including such provisions requiring the display of specified signs or information.
17.07.020 - Objectives.
The objectives of this section chapter are:
1. To provide a reasonable system of controls for signs, to ensure the development of a high quality visual and functional environment;
2. To encourage signs which are well designed and pleasing in appearance;
3. To preclude potential traffic and safety hazards through good signing;
4. To regulate signs in a manner consistent with the General Plan;
5. To regulate signs in a manner consistent with the free speech rights guaranteed by the First Amendment to the United States Constitution and the liberty of speech and related provisions of the California Constitution; and
6. Recognize that commercial and residential areas within the City have different regulatory needs due to their inherent characteristics and may require different sign regulations based on the respective land uses, and that aesthetic impacts based on sign size, illumination, and placement may create a greater public nuisance in residential neighborhood areas than in commercial areas.
17.07.030 - Basic policies
The policies stated in this section apply to all signs within the regulatory scope of this Chapter, and to all provisions of this Chapter, notwithstanding any more specific provisions to the contrary.
A. Enforcement Authority. The Community Development Director is authorized and directed to enforce the provisions of this Chapter. The Director may designate one or more representatives of the department to implement the provisions of this Chapter.
B. Permits When Required. No sign may be constructed, mounted, or displayed in the City unless the same is duly permitted pursuant to this Chapter, or is exempt from permitting, 1
either pursuant to this Chapter or by other applicable law. In addition to the requirements of this Chapter, all signs constructed, mounted or displayed within the City must also satisfy all applicable safety codes (building, electrical, plumbing, grading, etc.) and all applicable requirements of other bodies of law.
C. Message Neutrality. It is the City's policy to regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs.
Notwithstanding the remaining sections in this Chapter, this Chapter shall in all instances be administered and enforced to be consistent with the law established by the Supreme Court in Reed v. Town of Gilbert (2015) 576 U.S. 155. The Director is authorized to grant administrative variances as necessary to ensure that this chapter is administered in a manner consistent with Reed v. Town of Gilbert. Furthermore, no enforcement of this Chapter shall occur without the Director's review and approval that such enforcement would not be impermissibly content based and would be consistent with federal and state constitutions and laws.
D. Message Substitution Policy. Subject to the landowner's consent, any noncommercial message may be substituted, in whole or in part, for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or any favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel; it does not allow the substitution of an offsite commercial message in place of an onsite commercial message, and it does not affect the requirement that a sign structure or mounting device be properly permitted and maintained.
E. Regulatory Interpretations. All regulatory interpretations of this Chapter are to be exercised in light of the City's message neutrality policy and message substitution policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a "structure" as defined in the California Building Code, then the Director shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this Chapter.
F. Rules for Non -Communicative Aspects of Signs. All rules and regulations concerning the non -communicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process.
G. Billboard Policy.
1. Prohibition: The City Council finds that the City already has a sufficient number of Billboards to satisfy the community's needs for offsite commercial messages, and that any new or additional Billboards, which by their very nature cause serious esthetic harm, would negatively impact the appearance of the City. For these reasons, the City completely prohibits the construction, erection or use of any Billboards, other than those which legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision is first adopted, except for the relocation of existing Billboards pursuant to this section
2. Relocated Billboards: Notwithstanding any other provision of this chapter, upon entry into a relocation agreement with the City in accordance with California Business and Professions Code Section 5412, the owner of an existing Billboard within the City may convert a static copy Billboard to an electronic Billboard, subject to approval of a permit application pursuant to Section 17.07.060 and 2
subject to the requirements of Chapter 8.50 (Outdoor Lighting) of the Beaumont Municipal Code. Such agreements may be approved by resolution of the City Council upon terms that are agreeable to the City, pursuant to administrative guidelines, as adopted by a City Council resolution. The execution of a relocation agreement shall not operate to change the status of any Billboard as a nonconforming use for the purpose of this code.
H. Mixed or Multiple Use Zones. In any zone where both residential and non-residential uses are allowed, whether such zones are now existing or created in the future, the signage rights and responsibilities applicable to any particular use shall be determined as follows:
residential uses shall be treated as if they were located in the residential zone where that type of use would be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process.
Owner's Consent. No sign may be displayed without the consent of the legal owner of the property on which the sign is constructed, mounted or displayed. For purposes of this policy, "owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property.
J. Legal Nature of Signage Rights and Duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this Chapter attach to and run with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign -related provisions in private leases regarding signs (so long as they are not in conflict with this Chapter unless stricter than this Chapter), or the ownership of sign structures.
K. Preservation of Existing Rights and Duties. This Chapter does not abrogate or supersede any easements, covenants, or other existing agreements that are more restrictive than the provisions of this Chapter.
L. Sign Programs. Sign programs for specific developments, as well as special sign districts or special sign overlay zones, or in specific plans of land uses, when approved as required by applicable law, may modify the rules stated herein as to sign size, height, illumination, spacing, orientation or other non -communicative aspects of signs, but may not override or modify any of these basic policies unless stricter than these basic policies. All the provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted.
M. Severance. If any section, sentence, clause, phrase, word, portion or provision of this Chapter is held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this Chapter which can be given effect without the invalid portion. In adopting this Chapter, the City Council affirmatively declares that it would have approved and adopted this Chapter even without any portion, which may be held invalid or unenforceable.
17.07.040 - Categorization of signs.
For purposes of this Chapter, signs within the City shall be classified in one or more of the following categories:
A. Animated Sign. A sign designed to attract attention through movement or the semblance of movement of the whole or any part including, but not limited to, signs which swing, twirl, move back and forth or up and down; or signs which change color or shades of color or any other method or device which suggests movement.
B. Banner Sign. A fabric or fabric -like material on which an advertising message is painted or otherwise affixed.
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C. Billboard Sign or Billboard. A permanent sign structure used for the display of offsite commercial messages, other than a directional sign, which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is located, or to which it is affixed. Commercial copy on any Billboard Sign may be replaced with noncommercial copy.
D. Commercial Sign. A sign displayed for the purpose of identifying a commercial message, or advertising a service, product, business or venture that is offered for trade or sale which can be located onsite or offsite.
E. Directional Sign, on -site. A sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs).
F. Electronic Message Center Sign. A sign with the capability of presenting variable advertising message displays by projecting an electronically controlled light pattern against a contrasting background and which can be programmed to change the message display periodically. An electronic message center is neither an animated sign nor a simulated motion sign.
G. Flag Sign. A device, generally made of fabric or flexible materials, (usually cloth, paper or plastic), which displays visual colors, images, or symbols, typically those of governments, religions, causes, organizations, or specific business activities.
H. Flashing Sign. Lighted signs which disappear and reappear at periodic intervals, or are intermittently on and off, and which are placed so as to attract vehicular traffic with emphasis on the recurrence of lights. This definition includes beacons, searchlights, and klieg lights only when they are used for commercial messages.
Freestanding Sign. A permanent sign anchored directly to the ground or supported by one or more posts, columns, or other vertical structures or supports, and not attached to or dependent for support from any building.
J. Identification Sign. A sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.
K. Identification Sign (Residential). A freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.
L. Illuminated Sign. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
M. Monument Sign. A sign with an overall height of six (6) feet or less, standing directly on the ground or on a base where the supporting poles or structures, if any, are covered from public view.
N. Noncommercial Sign. A sign that is displayed for the purpose of identifying a noncommercial message. The sign does not do any of the following: (1) advertise a product, business or service for profit and/or a business purpose; or (2) relate solely to economic interests. Noncommercial signs are not considered either off -site or on -site signs.
O. Off -site Sign. A sign related in its subject matter to some premises or lot other than the premises or lot on which the sign is located.
P. On -site Sign. A sign related in its subject matter to the premises on which it is located, or to products, accommodations, services, or other activities on the premises.
Q. Pennant. A display device, usually triangular in shape and made of flexible materials, such as cloth, paper or plastic, used primarily to attract attention of passersby.
R. Permanent Sign. A stationary sign permanently attached to the ground or to a structure. 4
S. Pole or Pylon Sign. A sign with an overall height exceeding six (6) feet and supported by one or more poles or pylons attached directly into or upon the ground.
T. Portable Sign. A temporary sign designed and constructed so as to be easily moved. Such signs are usually not secured to a building or anchored to the ground. Common types include "A" frame signs, sandwich board signs, and sidewalk signs.
U. Poster Sign. Any sign attached to the ground in a manner approved by the building official, which may be visible from adjacent streets or highways.
V. Real Estate Sign. A temporary sign advertising that a property or structure is for sale, lease, rent or exchange. The advertising contained on a real estate sign shall be limited to the following information: (1) that the property is for sale, lease, rent or exchange by the owner or his or her agent; (2) the property is in escrow or there is an "open house"; (3) directions to the property; and (4) the owner's or agent's name, address and telephone number.
W. Revolving Sign. A sign or a portion thereof, which rotates or revolves.
X. Roof Sign. A sign supported by or attached to or projecting through the roof of a building or structure, or projecting above the eave line or parapet wall of the building or structure.
Y. Temporary Sign. A sign structure or device used for the display of messages or images, which is easily installed and removed and which is not intended or suitable for long-term or permanent display due the sign construction, materials, placement, or installation.
Temporary signs shall include noncommercial signs, real estate signs, yard or garage sale signs, construction signs, on -site temporary window signs displaying a commercial message, future tenant identification signs, commercial flags and banners for real estate sales and leasing, commercial flags on commercial, industrial, or agricultural properties, signs supported by and affixed to the ground by a wire frame or special event signs. Any sign not covered by this definition is a permanent sign and must comply with the applicable permanent sign regulations.
Z. Under Canopy Sign. A sign attached to the underside of a projecting canopy perpendicular to the building frontage, commonly used for identifying the land use at that location.
AA. Wall Sign. A sign which is in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane approximately parallel to the plane of the wall.
BB. Window Sign. A temporary sign painted, attached, glued or otherwise affixed to a window, which is easily visible from the exterior of the building.
17.07.050 - Definitions.
For purposes of this Chapter, the following words and phrases have the meanings stated in this section.
A. Administrator. Same as Director.
B. Advertise. Describe or draw attention to a product, service, or event in a public medium in order to promote sales or attendance.
C. Area of Sign. The area of a sign shall be calculated by multiplying the width by the length of the sign face. In the case of a two-sided sign, the area shall be computed as including only the largest single sign face. In the case of any cylindrical or spherical sign, the total area shall be computed on the total area of the surface of the sign.
D. Commercial Complex. Any group of three or more commercial uses on a parcel or combination of contiguous parcels which are generally served either by common access or common parking, or a large single commercial use occupying at least two and one-half acres with a minimum of 200 feet of street frontage.
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E. Commercial message. A message displayed on a sign that primarily concerns business, commercial or economic interests, or which proposes an economic transaction.
Commercial messages may be onsite or offsite; however, the onsite/offsite distinction applies only to commercial messages.
F. Copy. Graphic content of a sign surface designed to allow the changing of copy through manual, mechanical, or electrical means.
G. Development. A building or buildings wherein two or more separate independently owned or operated establishments are located.
H. Director. The City's Community Development Director.
Establishment. Any non-residential use of land involving permanent structures or buildings.
J. Face of Building. The wall of a building, excluding any appurtenances, such as projecting fins, columns, pilasters, canopies, marquees, showcases of decorations, but including any required parapet wall.
K. Frontage. The length of a lot along a street or other principal public thoroughfare, but not including such length along an alley, railroad or freeway.
L. Frontage of the Parcel. On a lot with more than one frontage on a public street, the front footage of the parcel shall be determined by the measurement of the larger or largest frontage on a public street.
M. Height of a sign. The distance from the average ground level immediately surrounding the base of the sign to the top of its highest element, including any structural or architectural element. Landscape mounding shall not be used to artificially alter the height of a sign.
N. Industrial Complex. Any group of three or more industrial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or single industrial use occupying at least 100,000 square feet of floor area.
O. Landscaped Planter. An area specifically designated for plant materials that may be at, below or above grade.
P. Line of Sight. The point of visibility from the street to an object, e.g., sign. The longer the line of sight, the further the sign is visible from the street.
Q. Noncommercial message. A message or image displayed on a sign which concerns matters not included within the definition of commercial message. The onsite/offsite distinction applies only to commercial messages.
R. Office Complex. Any group of three or more office uses on a parcel or combination of parcels that are generally served either by common access or common parking.
S. Primary Street Frontage. The street frontage from which the majority of the pedestrian or vehicular traffic is drawn or toward which the building or buildings are oriented for primary visual impact. Each commercial complex or shopping center shall be allowed to designate only one primary street frontage subject to approval of the Planning Department. Where no single street frontage can be identified as the primary street frontage, or in cases of dispute as to which street frontage is the primary street frontage, the Planning Director shall designate the primary street frontage in conjunction with the review of proposed signs.
T. Relocated Billboard. An existing Billboard that is located in the City that is relocated through a City Council approved relocation agreement, including the replacement of a static Billboard face with an electronic message center. The relocated Billboard is not considered a new Billboard.
U. Secondary Street Frontage. A street frontage other than a primary street frontage.
V. Shopping Center. Same as commercial complex.
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W. Sign. Any device, fixture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is to be viewed from any public street, road, highway, right-of-way or parking area. However, the following are not within the definition of "sign" for regulatory purposes of this Chapter:
a. Interior signs: Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, provided the building or enclosed structure is otherwise legal; b. Architectural features: Decorative or architectural features of buildings (not including lettering, trademarks or moving parts);
c. Symbols embedded in architecture: Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal;
d. Personal appearance: Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, costumes (but not including commercial mascots);
e. Manufacturers' marks: Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale;
f. Fireworks, etc.: the legal use of fireworks, candles and artificial lighting not otherwise regulated by this Chapter;
Mass transit signage: Advertisements or banners mounted on trains or duly licensed mass transit vehicles that legally pass through the City; h. Certain insignia on vehicles and vessels: On street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, commercial and noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel;
g.
j.
Gravestones or grave markers; and
News racks and newsstands.
X. Sign Structure. The supports, uprights, bracings, guy rods, cables and other structural framework of a sign or outdoor display.
Y. Uniform Sign Program. A detailed set of plans, specification and other information for signs in a commercial, industrial or office complex, a group of three or more businesses on a parcel or project site or for commercial recreation uses accompanied by drawings to scale as set forth in Section 17.07.060 C.
Z. Window Area. The total area of a window upon which signs, images or messages may be mounted. A group of window panes or panels can be considered one window if they are adjoining on the building face and are less than six inches apart.
17.07.060 - Administration, permits, and appeals.
A. Sign Permit Required. A sign permit shall be required prior to the placing, erecting, moving or reconstructing of any sign in the City, unless the subject sign is expressly exempted from the permit requirement by this Chapter or other applicable law. Signs requiring a permit shall comply with the provisions of this Chapter and all other applicable laws and ordinances.
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B. Permit —Method of Application. An application for a sign permit shall be made on forms as prescribed by the Director. Such an application shall be filed with the Planning Department.
The application shall be accompanied by any fees or bonds as specified by City Council resolution.
C. Permit Application —Contents. A sign permit application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. Three copies of the plans, fully dimensioned, shall be filed with the application, including:
1. Plot plan, fully dimensioned, showing location of all buildings and improvements and the location of each proposed sign together with the location, size and height of all existing signs on the premises/site. The street frontage shall be clearly indicated on the plan.
2. Elevation plan, fully dimensioned, showing height and size of each proposed sign, colors, method of illumination and materials of construction, and if a wall sign, the exact location on the face of the building.
3. Structural and electrical plans, details and calculations prepared and signed by an engineer or architect registered in the State. Such details shall be required when the area of the sign exceeds five (5) square feet and the height of the sign exceeds six (6) feet.
4. A statement by the owner of the proposed sign as to whether the sign is to display commercial or noncommercial messages, or both, and whether the display face will be permanent, changeable, or a permanent structure with changeable elements. If the proposed sign is to be used to display commercial messages, then the applicant shall also state whether the message is to be onsite or offsite.
D. Purpose and Method of Review. The purpose of a permit is to ensure compliance with the provisions of this Chapter. After receipt of a complete sign application, the Director shall render a decision to approve, approve with modifications or conditions, or deny the sign request within 30 working days. Unless the applicant waives time, failure of the Director to issue a written decision within 30 working days shall constitute denial of the application.
Such a review shall ensure that any sign proposal is in conformance with this Chapter and is consistent with its intent and purpose. In the event that the application is approved with modifications or conditions, those requirements shall not be based upon the proposed message content, sign copy, or design of the visual display of the sign.
E. Appeals. All sign permit applications shall be initially reviewed by the Director. When the Director issues a decision on a sign permit application, or when the time for doing so has expired without a written decision, then the applicant or any concerned person may appeal first to the Planning Commission and then to the City Council. Appeal is effected by filing a written notice thereof with the City Clerk, and paying the applicable appeal fee as set by Resolution of the City Council. In each case, written notice of appeal must be filed with the City Clerk within ten days of when the decision was delivered or sent to applicant and all known concerned persons, or the last day on which a decision should have been timely rendered. In each case, the appellate body must conduct a hearing and consider evidence, and render a written decision within 30 days. In the cases of appeal to the Planning Commission and the City Council, the hearing must follow normal procedures for agenizing and giving public notice. Unless time is waived by the applicant, any permit or approval on which the City does not render a definite decision within the required time shall be deemed denied, and the time for appeal or filing judicial review shall commence on the last date on which the City could have issued a decision.
F. Judicial Review. Following final decision by the City Council, any concerned person may seek judicial review of the final decision on a sign permit application pursuant to California Code of Civil Procedure section 1094.8.
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G. Multiple Sign Applications. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, the Director's written notice of determination shall specify the grounds for such denial.
H. Revocation or Cancellation. The Director shall revoke any approval upon refusal of the holder thereof to comply with the provisions of this Chapter and/or the terms or conditions of any permit, after written notice of noncompliance and at least 15 days opportunity to cure.
Permits Issued in Error. Any approval or permit issued in error may be summarily revoked at any time before substantial work in reliance upon the permit has been accomplished, by the City upon written notice to the holder of the reason for the revocation.
J. Interpretation of Provisions. Whenever the application of this Chapter is uncertain, the Director may refer the matter to the Planning Commission for determination. All interpretations are to be made in light of the Basic Policies section (17.07.030) of this Chapter.
K. Variances. Applications for a variance from the terms of this Chapter shall be reviewed by the Planning Commission according to the variance procedures set forth in the Zoning Ordinance; however, variances shall be considered without reference to the proposed content, copy, or message of the proposed sign (other than the onsite/offsite distinction for commercial messages).
L. Uniform Sign Program. All applications for approval of signs in a commercial, industrial or office complex, a group of three or more businesses on a parcel or project site or for commercial recreation uses shall be submitted in the form of Uniform Sign Program accompanied by plans as set forth in Section 17.07.060 C.
M. Motorists' Line of Sight. All sign locations shall be safe for traffic sight purposes. A sight distance study may be required with each monument or pylon sign being proposed in the Uniform Sign Program when located next to any right-of-way, sidewalk, driveway, or as designated by the Community Development Director.
N. Program Approval. All sign programs shall be filed and reviewed as provided in this Chapter. Such Uniform Sign Programs shall be developed in full compliance with the requirements of this Chapter. No sign shall be installed which does not conform to the approved Uniform Sign Program.
17.07.070 - General provisions.
A. Interpretation.
1. This chapter is not intended to, and does not, restrict speech on the basis of its content, viewpoint, or message.
2. Any classification of signs in this chapter that permits speech by reason of the type of sign, identity of the sign owner, or otherwise, shall also be interpreted to allow noncommercial messages on the sign.
3. No part of this chapter may be construed to favor commercial messages over noncommercial messages.
4. To the extent any provision of this chapter is ambiguous, the terms shall be interpreted not to regulate on the basis of the content of the message.
B. Signs Exempt from Sign Permits. Subject to the qualifications and conditions stated in this section, the following signs are exempt from the application, permit and fee requirements of this Chapter. However, the exemption from the sign permit requirement does not exempt the proposed sign from uniform code permitting on Title 15, including but not limited to building, electrical, plumbing and grading permits.
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1. Permanent window signs not exceeding four (4) square feet and limited to business identification, hours of operation, address and emergency information only.
2. Commercial temporary signs used to direct persons to open houses and real estate sales as provided in Section 17.07.080.B(1).
3. Commercial temporary signs for construction or remodeling sites as provided in Section 17.07.080.B(4).
4. Commercial temporary signs for future tenant identification as provided in Section
17.07.080.B(5).
5. Directional signs, on -site, not to exceed three (3) square feet in sign area.
6. Residential building identification signs used to identify individual residences and not exceeding two (2) square feet.
7. Official and legal notices issued by the court, public body, person or officer in performance of his public duty or in giving any legal notice.
8. Directional, warning, identification, or informational signs or structures required or authorized by law or by federal, State, County or City authority.
9. Temporary Commercial flags on commercial, industrial, or agricultural properties as provided in Section 17.07.080.6(7).
10. Signs of public utility companies, indicating danger or which serve as an aid to public safety or which show location of underground facilities or public telephones.
11. Safety signs on construction sites.
12. Temporary Signs with noncommercial messages, except for special event signs as provided in Section 17.07.080.A.
13. On -site temporary window signs for any establishment displaying a commercial message in a commercial zone, and for commercial uses in industrial or industrial/business park zones when approved as part of a Uniform Sign Program as provided in Section 17.07.080.6(2).
14. Paper signs and similar signs which are rotated on a regular basis, shall have a fastening device for a more permanent look.
15. Temporary signs with a commercial message for garage or yard sale signs are allowed without permit as provided in Section 17.07.080.6(3).
16. Commercial flags and banners in conjunction with approved residential subdivision sales office or a commercial sales or leasing office, or an industrial sales or leasing office as provided in Section 17.07.80.B(6).
17. Signs on the public right -of way as provided in Section 17.07.090(E).
C. Prohibited Signs. The signs described in this subsection are prohibited, unless some other more specific provision in this Chapter or other applicable law makes them allowable, either by permit or exemption from the permit requirement.
1. Roof signs;
2. Flashing signs, except time and temperature signs;
3. Animated signs;
4. Revolving signs;
5. Portable signs;
6. Off -site commercial signs on permanent structures;
10
7. Signs blocking doors or fire escapes;
8. Light bulb strings and exposed tubing, except for temporary uses such as Christmas tree lots;
9. Banners, flags, pennants and balloons, except as allowed under subsection B above
10. Inflatable signs or signs designed to be air activated, floated or flown, including balloons used for commercial advertising purposes, kites or other serial signs that are made of any electrically conducive material;
11. Signs, posters and advertisements attached to utility poles;
12. Exposed raceways; and
13. Billboards, except for relocated Billboards. See 17.07.030(G).
D. Roof Signs. Roof signs may be used only in the event no other signing alternatives are available. Roof signs may be issued a permit by the Director if architecturally designed and built into the roof structure. Such design shall be compatible in design and materials with the building.
E. Signs Related to Inoperative Establishments. Signs promoting activities or establishments which are no longer in operation shall be removed from the premises or the sign copy shall be removed or obliterated within 45 days after the premises has been vacated or the use abandoned. Any such sign not removed within the specified time shall constitute a nuisance and shall be subject to removal under the provisions of this Chapter.
F. Enforcement, Penalties and Abatement.
1. Any violation of this Chapter shall be deemed to be a continuing violation until the violation has been corrected.
2. Violation of any of the provisions of this section shall constitute a nuisance and a Zoning ordinance violation.
3. Notwithstanding any other provision of this Chapter, the City Attorney, upon the direction of the City Council, may commence an action in a court of competent jurisdiction to obtain an injunction prohibiting the construction, erection, maintenance or display, or requiring the removal, of any sign that is in violation of any of the provisions of this section. In any such action, the City shall be entitled to recover its costs and its reasonable attorney's fees.
4. The owner or other person entitled to possession of a sign which is removed, stored and/or destroyed pursuant to any provision of this section shall be liable to the City for the cost of the removal, storage and/or destruction of the sign and the City may recover the same through an action commenced in a court of competent jurisdiction together with the City's court costs and reasonable attorney's fees.
5. Any illegal sign within the public right-of-way is found and declared to be a public nuisance, and such sign may be abated by the City as follows:
A. If the address of the owner or other person entitled to possession of the sign is known, notice of the City's intention to remove and destroy the sign, stating the date after which sign will be removed and destroyed, shall be mailed to the owner or other person entitled to possession by certified mail, return receipt requested at least ten days before the date. If the address of the owner or other person entitled to possession is not known, the notice shall be affixed in a conspicuous place on said sign at least ten days before the date. The notice shall also set forth the provisions of this section.
B. The owner or other person entitled to possession of the sign may, before the removal date stated in the notice, file a written request for hearing with 11
the Planning Department. The request shall identify the sign and its location, state the name and address of the owner or other person entitled to possession and set forth in detail the legal basis as to why the sign should not be removed and destroyed.
C. If a request for hearing is filed under subsection b, the Planning Commission shall hear the matter at a regularly scheduled meeting held not more than 30 days thereafter. After the hearing, the Planning Commission shall determine whether or not the sign is an illegal sign within the public right-of-way. The written decision of the Planning Commission shall be rendered within ten (10) days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter. Unless a notice of appeal is filed as provided for in this Chapter, the decision of the Planning Commission shall become final ten days after mailing.
D. The owner or other person entitled to possession may file a notice of appeal with the City Clerk within ten days after the date of mailing of the Planning Commission's decision. If a timely notice of appeal is filed, the matter shall be heard by the City Council at a regular meeting scheduled not more than 30 days thereafter. After hearing, the City Council shall determine whether or not the sign is an illegal sign within the public right- of-way. The written decision of the City Council shall be rendered within ten days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter.
The decision of the City Council becomes final ten days after mailing.
E. Unless the owner or other person entitled to possession of the sign, on or before the removal date stated in the notice described in this section, files a written request for hearing with the Planning Department, the City may, at any time after said date, remove and destroy the sign. If a written request for hearing is filed then upon any final decision of the Planning Commission or the City Council determining that the sign is an illegal sign within the public right-of-way, the City may remove and destroy the sign.
F. Notwithstanding any provision of this Chapter to the contrary, any illegal sign within the public right-of-way which constitutes a hazard to pedestrian or vehicular traffic may be removed immediately and stored by the City, at the expense of the owner, or other person entitled to possession, pending completion of the notification and hearing procedures set forth in this section.
G. Construction and Maintenance of Signs.
1. Every sign and all parts, portions, and materials shall be manufactured, assembled and erected in compliance with all applicable state, federal, and city laws and regulations, including but not limited to the permitting requirements contained in Title 15 relating to Buildings and Construction.
2. Every sign and all parts, portions and materials shall be maintained and kept in a first-class condition. The display surface of all signs shall be kept clean, neatly painted and free from rust, corrosion and graffiti. Any cracked, broken surfaces, malfunctioning lights, missing sign copy or other unmentioned or damaged portion of a sign shall be repaired or replaced within 30 days following notification by the City. Noncompliance with such a request will constitute a zoning violation and may be enforced as such by the city.
17.07.080 — Temporary Signs.
The following temporary signs are allowed:
12
A. Noncommercial Temporary Signs. Noncommercial temporary signs are not considered either on -site and off -site and are subject to the following regulations:
NONCOMMERCIAL TEMPORARY SIGNS
Sign Criteria
Limitation
Signs in Residential Zones, Legal Residential Uses, Commercial or Industrial Zones, and on Legal Commercial or Industrial Uses on Land One -Half (1/2) Acre or Less Sign Quantity:
Not Limited
Maximum Size of Any One Side
(measured one side only):
10 square feet
Maximum Area of All Signs Combined:
20 square feet
Maximum Height:
6 feet
Placement:
At least 5 feet from edge of curb or street
pavement if no curb exists and shall not obstruct
pedestrian traffic or line of sight for vehicle traffic Time limitations:
Period not to exceed 60 days. Any time a
temporary noncommercial sign is removed, it shall
not be replaced by the same or other temporary
sign for a period of not less than 90 consecutive
days.
Sign Permit Required:
No
Signs in Commercial or Industrial Zones and on Legal Commercial or Industrial Uses on Land Over One -Half (1/2) Acre
Sign Quantity:
Not limited
Maximum Size of Any One Side
(measured one side only):
16 square feet
Maximum Area of All Signs Combined:
64 square feet
Maximum Height:
8 feet
Placement:
At least 5 feet from edge of curb or street
pavement if no curb exists and shall not obstruct
pedestrian traffic or line of sight for vehicle traffic Time limitations:
Period not to exceed 60 days. Any time a
temporary noncommercial sign is removed, it shall
not be replaced by the same or other temporary
sign for a period of not less than 90 consecutive
days.
Sign Permit Required:
No
13
B. Commercial Temporary Signs. Commercial temporary signs distinguish between on -site and off -site and are subject to the following regulations:
COMMERCIAL TEMPORARY SIGNS
Sign Criteria
Limitation
CO
Real Estate Signs for Sale, Lease, or Rent (Signs on Residential Properties) Sign Quantity:
1 sign per parcel or lot
Total Area Per Display Face:
Not to exceed 8 square feet
Total Display Faces:
2 Maximum Height:
5 feet
Setback from Property Line:
At least 5 feet
Time Limitation:
Shall be removed within 15 days of the sale,
rental, or lease of the property
Sign Permit Required:
No
(2)
Real Estate Signs for Sale, Lease, or Rent (Signs on Industrial, Commercial or Agricultural Properties)
Sign Quantity:
1 sign per street frontage (Exception: Where a
property has in excess of 600 linear feet of
frontage, one (1) additional sign is permitted for
each 600 linear feet of street frontage)
Total Area Per Display Face:
Not to exceed 32 square feet
Maximum Height:
8 feet
Setback from Property Line:
At least 10 feet
Time Limitation:
Shall be removed within 15 days of the sale,
rental, or lease of the property
Sign Permit Required:
No
(3)
On -Site Temporary Window Signs Displaying a Commercial Message (Commercial zone, and for Commercial Uses in Industrial or Industrial/Business Park Zones When Approved as Part of a Uniform Sign Program)
Window Area:
30 percent (on multi -story buildings, only the
windows on the first floor may be counted), but in
no event shall window signs exceed 150 square
feet per street frontage
Placement:
First floor only on multi -story buildings
14
-
COMMERCIAL TEMPORARY SIGNS
Sign Criteria
Limitation
Maximum Height:
20 feet in height above finished grade on one-
story buildings
Time Limitation:
45 days
Sign Permit Required:
No
(4)
Garage and Yard Sale Signs
Sign Quantity:
3 Maximum Size:
3 square feet
Placement:
Placed on private property, and not in the public
right-of-way or on utility poles
Time Limitation:
Erected on the day of the event as permitted and
removed at sunset of each such day.
Sign Permit Required:
No
(5)
Construction Signs
Sign Quantity:
1 sign per project
Zone:
Any district
Maximum Size:
32 square feet (unless a larger sign is required by
another body of law, in which case the smallest
sign conforming to the law shall be used)
Maximum Height:
8 feet
Placement:
Set back from the property line by at least 10 feet
Time Limitation:
Removed at the earliest of issuance of certificate
of occupancy, certificate of completion, or final
inspection check off, or their functional equivalent
or upon abandonment of project.
Sign Permit Required:
No
(6)
Future Tenant Identification Signs (Parcels 10 Acres or Less) Sign Quantity:
1 per street frontage
Maximum Area:
32 square feet
15
COMMERCIAL TEMPORARY SIGNS
Sign Criteria
Limitation
Maximum Height:
8 feet
Placement:
Placed no less than 10 feet from any property line
Time Limitations:
Removed upon completion of project
Sign Permit Required:
No
(7)
Future Tenant Identification Signs (Parcels Greater than 10 Acres) Sign Quantity:
1 sign for every 600 feet of street frontage
Maximum area:
64 square feet per side
Maximum Height:
15 feet
Placement:
Placed no less than 10 feet from any property line;
placed along the freeway at 1,000 -foot intervals,
not to exceed 150 square feet in area per side
and 20 feet in overall height
Time Limitations:
Removed upon completion of project
Sign Permit Required:
No
(8)
Commercial Flags and Banners for Real Estate Sales and Leasing With an Approved Residential Subdivision Sales Office or a Commercial Sales or Leasing Office, or an Industrial Sales or Leasing Office
Sign Quantity:
6 Maximum Size:
15 square feet
Maximum Height:
15 feet
Placement:
Displayed in the immediate vicinity of the
sales/leasing office; not permitted within the public
right-of-way.
Time Limitations:
Flags shall be maintained in good condition; torn
or worn flags shall be replaced
Sign Permit Required:
No
Additional Requirements:
Residential subdivision office: Flags may be
maintained as long as a valid operating permit for
the sales office remains in effect;
16
-
COMMERCIAL TEMPORARY SIGNS
Sign Criteria
Limitation
Commercial office or industrial sales or leasing
office: Flags may be maintained until 75 percent
of the spaces have been leased.
(9)
Commercial Flags on Commercial, Industrial, or Agricultural Properties (Property Less Than One Acre)
Sign Quantity:
3 Maximum Height:
30 feet
Maximum Area:
60 square feet (measured one side only)
Sign Permit Required:
No
(10)
Commercial Flags on Commercial, Industrial, or Agricultural Properties (Property One Acre or Larger)
Sign Quantity:
6 Maximum Height:
30 feet
Maximum Area:
60 square feet (measured one side only)
Sign Permit Required:
No
C. Temporary Signs for Special Events.
1. A special event sign is a sign associated with a single event or series of events that occur on an infrequent or sporadic basis, and takes place at a specific location in which the public is encouraged or invited to watch, listen, participate, or purchase goods and/or services, including, but not limited to, the following:
a) Commercial sales, including grand openings and pre- and post -holiday sales;
b) Arts and craft shows, trade shows, antique shows, and other similar events;
c) Carnivals, fairs, festivals, circuses, and similar activities; d) Outdoor shows, concerts, and exhibitions;
e) Community events; and
f) Annual events.
2. Special event signs shall be permitted when they comply with the provisions of this subsection. Applicants for a special event sign shall submit a letter to the director that describes the proposed event by location, area and time duration.
The application shall be processed in the same manner, and subject to the same 17
appellate procedures, as an application for a sign permit. Special event sign permits are subject to the following regulations:
TEMPORARY SIGNS FOR SPECIAL EVENTS
Sign Criteria
Limitation
Sign Quantity:
1 (may be in the form of a banner or pennant)
Maximum Area:
50 square feet in area (measured one side)
Maximum Height:
10 feet
Zone:
Any district
Time Limitation:
Taken down with 7 days of the event
Sign Permit Required:
Yes
17.07.090 - Signs permitted in all zones.
A. Permitted Signs. Generally, sign permits shall be issued for signs included under this section, provided the signs are in compliance with the regulations stated in this section, and all other applicable laws and ordinances.
B. Special Event Signs. See 17.07.080.0 for applicable standards.
C. Permitted Signs —On -site Subdivision Commercial Signs. Onsite subdivisions may display commercial signs which conform to the following:
1. One temporary on -site subdivision commercial sign not to exceed 64 square feet total for two sides or 32 square feet for each side and a total overall height of 15 feet may be permitted on each primary street frontage of the property being subdivided, not to exceed two such signs for all phases of any subdivision (interior streets of the subdivision are not recognized as a main street frontage).
2. Such commercial signs shall be removed within ten (10) days from the date of the final sale of the land and/or residences.
3. Such commercial signs shall be maintained in good repair at all times.
4. A cash deposit of $500.00 per sign shall be deposited with the sign application to ensure compliance with this section and removal of such sign. The deposit shall be refunded to the applicant upon sign removal by the applicant. If the City is forced to remove any signs, then the cost of removal shall be deducted from the deposit.
Additional costs incurred by the City resulting from the removal of illegal signs shall be charged to the developer.
D. Permitted Signs —Temporary Subdivision Commercial Directional Signs, On -Site. The following signs may be permitted in any zoning district subject to the provisions listed:
1. A maximum of six (6) signs may be used to lead customers to the site.
2. Commercial signs shall be no larger than 600 square inches and shall be grouped on a two-sided sign structure. The City may, from time to time, develop or amend the design details for this sign structure.
18
3. Such a commercial sign structure shall be located not less than 600 feet from an existing or previously approved sign site. Further, each sign may only contain the name of the subdivision, and a directional arrow.
4. The placement of each commercial sign structure shall be reviewed and approved by the Planning Director, who shall base the decision on non -communicative aspects of the sign.
5. Commercial signs placed on private property shall require the written consent of the property owner, to be filed with the Planning Director prior to issuance of a permit.
6. A sign location plan shall be prepared showing the site of each commercial directional sign, on -site and shall be submitted to the planning department prior to the issuance of a sign permit.
7. Any such commercial sign approved for a particular subdivision within the City shall not be changed to advertise another subdivision.
8. There shall be no additions, tag signs, streamers, devices, display boards, or appurtenance added to the sign as originally approved. Further, no other directional signing may be used, such as posters or trailer signs.
9. All nonconforming subdivision commercial signs associated with the subdivision in question must be removed prior to the issuance of a new sign permit.
10. A $500.00 cash deposit shall be placed with the City to ensure compliance with this subsection. Any sign placed contrary to the provisions of this section may be removed by the City and the cost of removal shall be deducted from the deposit.
Additional costs incurred by the City resulting from the removal of illegal signs shall be charged to the developer.
11. The commercial sign(s) may remain on display only until the subdivision is sold out.
E. Signs on the Public Right -of -Way. Signs on the public right-of-way are limited to noncommercial messages. Temporary noncommercial signs may be displayed for a period not to exceed 60 days. Any time a temporary noncommercial sign is removed in the public right-of-way, it shall not be replaced by the same or other temporary sign for a period of not less than 90 consecutive days.
Signs shall be placed a minimum of three (3) feet from edge of curb or street pavement if no curb exists and shall not obstruct pedestrian traffic or line of sight for vehicle traffic; no signs shall be placed in lawn areas, parks, medians, civic center, CRC, or other government buildings; signs shall not be attached to fences, traffic control posts, utility poles, or bus shelters; no signs shall be placed in grassy areas that are to be mowed or landscaped. Signs shall only be placed in areas identified in the map below. 19
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20
17.07.100 - Signs in recreation, open space, residential and agricultural zones.
A. R -C (Recreation -Conservation) Zone. Signs in the R -C Zone shall be limited to commercial temporary signs in accordance with Section 17.07.080.B(1) of this Chapter and the following signs for commercial recreation uses, subject to approval of a Uniform Sign Program as described in Section 17.07.060.L.
1. One Monument Sign for each street frontage, limited to five (5) feet in height and 32 square feet in size.
2. Building mounted signage not exceeding ten (10) percent for any building wall.
B. Residential Zones. The following signs shall be permitted in residential zoning districts:
1. Single -Family Residential Zone (R -SF). Commercial temporary signs and identification signs in accordance with Section 17.07.080.6(1), and noncommercial temporary signs per Section 17.07.080.A.
2. Multi -Family Residential Zone (R-MF).
a. Commercial temporary signs in accordance with Section 17.07.080.6(1) of this Chapter.
b. A maximum of two signs indicating the name of the multiple -family dwelling, apartment or dwelling group shall be permitted. Such signs may include Monument Signs not exceeding six (6) feet in height and/or wall - mounted signs. The total area of each sign shall not exceed four (4) square feet for less than 12 units, or 12 square feet for 12 or more units. Signs attached to the wall of the building shall not extend above the roof or eave line. Such sign may project 12 inches maximum from the building face.
Identification signs may be illuminated, either internally or externally; provided, that all lights are directed away from public rights -of -way and adjacent properties.
c. An illuminated directory sign shall be provided at each entrance of all multi- family complexes with more than 12 dwelling units. Directory signs shall provide a diagrammatic representation of the complex in accordance with the requirements of the Fire Department
d. Noncommercial temporary signs per Section 17.07.080.A of this Chapter.
C. Rural Residential (R -R) Zone.
1. Commercial temporary signs and identification signs in accordance with Section
17.07.080.B(1) of this Chapter.
2. Signs for produce sales, subject to approval of a Uniform Sign Program in accordance with Section 17.07.060.L of this Chapter.
3. Noncommercial temporary signs per Section 17.07.080.A of this Chapter.
D. Traditional Neighborhood Residential (R -TN) Zone. The R -SF Zone sign standards shall apply to single-family dwellings, and the R-MF Zone sign standards shall apply to multiple - family dwellings.
17.07.105 - Signs in urban village zone.
A. Urban Village Zone. The R-MF Zone sign standards shall apply to multiple -family dwellings, and commercial zone sign standards (Section 17.07.120) shall apply to commercial uses.
17.07.110 - Signs in manufacturing zones, industrial complexes and business parks.
21
B. (Manufacturing) M Zone, Industrial complexes and business parks.
1. Permitted Signs. The following signs are specifically permitted for manufacturing zones, industrial complexes and business parks subject to the approval of a Uniform Sign Program in accordance with Section 17.07.060.L of this Chapter:
a. Wall Signs. One (1) wall sign is permitted for each wall face of the establishment, up to a maximum of four (4) wall signs. If said signs display commercial images or messages, they shall qualify as "onsite" commercial messages. In no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or buildings primary frontage. In no event shall the area of any one wall sign exceed 100 square feet. Wall signs shall not occupy more than 70 percent of the storefront or unit width. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. b. Monument Signs. One (1) Monument Sign not to exceed 30 square feet in sign area may be permitted. The Monument Sign structure shall not exceed six (6) feet in height. Additional Monument Signs may be permitted on parcels having more than one (1) frontage if the signs are located at least 300 feet apart. Monument signs shall be placed in a landscaped area or planter of not less than 250 square feet and shall be located a minimum of five (5) feet from any right-of-way, sidewalk or driveway. c. Pylon Sign. One pylon sign not to exceed 100 square feet in sign area will be permitted to identify separate business or uses in the industrial complex. The pylon sign structure shall not exceed 20 feet in height. Pylon signs shall be placed in a landscaped area or planter of not less than 250 square feet. Pylon signs shall be a minimum of five (5) feet from any right- of-way, sidewalk or driveway.
d. Commercial Directional Signs, On -Site. A maximum of two (2) on -site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height.
17.07.120 - Signs in commercial zones.
The standards and provisions contained in this section shall be applicable to the Commercial Neighborhood (C -N) and Community Commercial (C -C) zones.
A. Permitted signs in the C -N and C -C Zones within a commercial complex shall include:
1. Wall Signs: One (1) wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one establishment. If used to display a commercial message, the sign must qualify as on -site. In no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed 100 square feet per sign. Wall signs shall not occupy more than 70 percent of the storefront or unit width. If the sign contains a logo, said logo shall be a maximum of 36 inches in height. A wall sign may not project any of its height above the roof eave line or parapet of the wall upon which is mounted.
2. Monument Signs: One (1) Monument Sign not to exceed 30 square feet in sign area which may be permitted to identify separate establishments or uses in the commercial complex. The Monument Sign structure shall not exceed six (6) feet in height. Additional Monument Signs may be permitted on parcels having more than one (1) frontage and the signs are located at least 300 feet apart. Monument signs shall be placed in a landscaped area or planter of not less than 250 square feet. 22
Monument signs shall be located a minimum of five (5) feet from any right-of-way, sidewalk or driveway.
3. Pylon Signs: One (1) pylon sign not to exceed 100 square feet in sign area will be permitted to identify a separate business or uses in the commercial complex. The pylon sign structure shall not exceed 20 feet in height. For each secondary street frontage with at least 300 feet of length, one (1) additional pylon sign may be permitted not to exceed 100 square feet in sign area and shall not exceed 20 feet in height. When such a sign is used to display a commercial message, it must qualify as onsite.
a. Where pylon signs are placed on both major and secondary street frontages, each such sign shall be placed as near to the middle of the street frontage as practical or at a major driveway entrance to the commercial complex from the street frontage.
b. Pylon signs shall be placed in a landscaped area or planter of not less than 250 square feet. Pylon signs shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway.
c. A maximum of three (3) signs may be used to identify any one establishment pursuant to the criteria outlined in this section.
4. Service and Delivery Signs: One (1) unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes.
5. Commercial Directional Signs, On -Site: A maximum of two (2) on -site directional signs per drive approach, each not to exceed a total of ten (10) square feet in area and four (4) feet in height.
6. Window Signs: Window signs conforming to the provisions of Sections
17.07.070.B(1) and (14), and 17.07.080.B(2).
Under Canopy Signs: For each use or occupancy, one (1) maximum four (4) foot under canopy sign per frontage.
B. Permitted signs in the C -N and C -C Zones for uses not part of a commercial complex shall include:
1. Wall Signs: One (1) wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one establishment. If such sign is used for a commercial message, it must qualify as on -site. In no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed 100 square feet per sign. Wall signs shall not occupy more than 70 percent of the storefront or unit width. A wall sign may not project any of its height above the roof eave line or parapet of the wall upon which is mounted.
2. Service and Delivery Signs: One (1) unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes.
3. Directional Signs, On -Site: A maximum of two (2) on -site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height.
4. Window Signs: Window signs conforming to the provisions of Sections
17.07.070.B(1) and (14), and 17.07.080.B(2).
5. Under Canopy Signs: For each use or occupancy, one (1) maximum four (4) foot under canopy sign per frontage.
23
6. Exceptions: Certain exceptions to the sign standards applicable to commercial uses not located within a commercial complex may be approved by the Planning Commission including the election of freestanding sign(s) when the following findings can be made by the Planning Commission, without consideration of proposed message content (other than the onsite/offsite distinction in the case of commercial messages):
a. The site is subject to limited visibility and additional signing is necessary for a reasonable level of advertising exposure;
b. The type of establishment or the configuration of the site necessitates additional signage.
c. Exceptions shall be processed through the sign permit and minor variance process provided for in the Zoning Ordinance.
C. Freeway -Facing Signs. Permitted in the C -N and C -C Zones subject to the following requirements:
1. The maximum allowable sign face area of any freeway -facing sign for a shopping center or commercial complex which totals more than 250,000 square feet of gross floor area shall be 300 square feet and shall not exceed 60 feet in height. When such display area is used for commercial speech, the copy must qualify as onsite as to the shopping center or commercial complex.
2. The maximum allowable sign face area of any freeway -facing sign for a shopping center or commercial complex which totals less than 250,000 square feet of gross floor area shall be 150 square feet and shall not exceed 60 feet in height.
3. Freeway -facing signs, including freeway -facing electronic message center signs, may only be permitted subject to the approval of a sign permit by the Planning Commission, and if said sign is a Billboard or relocated Billboard, the sign shall be subject to the requirements of section 17.07.030(G). Freeway -facing signs will be permitted when they satisfy all of these criteria:
a. The proposed sign is located upon the property upon which the use identified is located;
b. The proposed sign is located in the vicinity of a freeway interchange and within 300 feet of the freeway right-of-way and 600 feet of the intersecting street right-of-way;
c. The following findings must be made, without consideration of message content of the proposed sign:
The elevation of the freeway in relation to the elevation of the abutting properties justifies the height requested, and is the minimum necessary.
ii. The number and spacing of freeway signs will not cause unnecessary confusion, clutter or other unsightliness in the general location.
The use identified, as well as its type, size and intensity, justifies the size, design and location of the sign requested.
iv. The needs of the traveling public for identification and directional information justifies the sign requested.
D. Automobile Service Station Signs. Automobile service station signs shall be permitted subject to the following requirements:
1. Identification/Price Monument Sign: For each service station, one (1) monument, combination price and identification sign, maximum 30 square feet in size and 24
maximum six (6) feet in overall height shall be permitted, and must include all price advertising as required by State law. Elevated signs may be used subject to approval of the Planning Commission (without consideration of message content) where vision impairments exist, however elevated signs shall be designed with appropriate vision spaces. Such signs shall not exceed 15 feet in overall height.
2. Identification Pylon Sign: For service stations located contiguous to a freeway, where a freeway exit serves the street from which the service station takes direct access, in addition to the identification/price Monument Sign allowed by paragraph (1) above, one (1) pylon sign, maximum 100 square feet in size and 40 feet in overall height, situated so as to be directed toward and permanently viewable from the freeway, shall be permitted.
3. Special Service Signs: Each service station may display two (2) special service signs per pump island. Special service signs shall be limited to such items as self - serve, full serve, air, water, cashier, and shall be non -illuminated. Such signs must be permanently affixed to the pump island they identify. Each sign may not exceed four (4) square feet in overall size.
4. Wall Signs: Wall signs for automobile service stations shall be permitted subject to the provisions set forth in Section 17.07.110.A(1) and (6).
5. Commercial Directional Signs, On -Site: Maximum of two (2) on -site directional signs per drive approach, each not to exceed a total of ten (10) square feet in area and four (4) feet in height.
6. Window Signs: Window signs conforming to the provisions of Section
17.07.070.B(1) and (14), and 17.07.080.B(2).
E. Theater Marquee Signs. Theater marquee signs shall be permitted subject to the following requirements:
1. The size of a theater marquee sign shall be determined by the number of screens.
Each screen shall be permitted a maximum of ten (10) square feet for each sign face area. A theater marquee sign may not total more than 100 square feet of sign face area.
2. A maximum of one (1) theater marquee sign, not to exceed 25 feet in height, is permitted per street frontage exclusive of freeway; provided, however, that the theater is part of an integrated shopping center.
3. A maximum of one (1) theater marquee sign, not to exceed 25 feet in height, shall be permitted for theaters not considered to be part of an integrated shopping center.
4. A maximum of one (1) wall -mounted theater marquee sign shall be permitted at the main entrance to the theater.
F. Electronic Message Center Signs. Electronic message center signs shall be permitted subject to the following requirements:
1. One (1) electronic message center sign may be permitted in a commercial complex with a minimum of 25,000 square feet of floor area. No electronic message center sign shall be located closer than 2,500 feet to another electronic message center sign. A conditional use permit shall be required whereby the Planning Commission will determine the size and height of the sign.
2. Each display shall appear for a period of at least eight (8) seconds. Displays shall not be animated, appear in incremental stages or move across the changeable copy sign face. The sign shall remain blank (no message or display) for at least one (1) second between separate images.
25
3. The sign may display only noncommercial messages or onsite commercial messages, related to those establishments that are part of the complex or the merchandise or activities available on the parcels which are part of the commercial complex. The sign shall not be used as a Billboard.
4. The sign shall be reviewed for traffic safety purposes by the City's Public Works Director and shall comply with any and all safety standards as prescribed by the State of California. Such reviews shall not consider message content.
17.07.130 - Sign regulations for specific plan area zone.
A. Permitted Signs in the Specific Plan Area (SPA) Zone —Exempt Signs. The SPA Zone permits a variety of residential and supporting commercial and other supporting land uses.
Signs which may be erected without permits as provided for in Section 17.07.070 of this Chapter are permitted in the SPA Zone consistent with the respective land use.
B. Signs Subject to Permits. Provisions and standards for signs shall be established within a specific plan for land uses contained therein. The specific plan shall establish a project - wide sign program and shall make provisions for the development and review of Uniform Sign Programs consistent with Section 17.07.060.L of this Chapter for each non-residential land use component of the specific plan.
17.07.140 - Sign design standards.
The design standards set forth in this section apply to all signs in the City of Beaumont.
A. Relationship to Other Signs. Where there is more than one (1) Monument Sign located upon a lot, all such signs shall have designs which are well related to each other by the similar treatment or incorporated of not less than four (4) of the following six (6) design elements:
1. Type of construction materials as used in the several sign components (such as cabinet, sign copy, supports);
2. Letter style of sign copy;
3. Illumination;
4. Type or method used for supports, uprights or structure on which sign is supported;
5. Sign cabinet or other configuration of sign area; and
6. Shape of entire sign and its several components.
B. Landscaping. Each Monument Sign shall be located in a planted landscaped area which is of a shape, design and size (equal to at least the sign area) that will provide a compatible setting and ground definition to the sign. The planted landscaped area shall be maintained on a reasonable and regular basis.
C. Illumination and Motion. Monument signs shall be non-moving stationary structures (in all components) and illumination, if any, shall be maintained by artificial light which is stationary and constant in intensity and color at all times (non -flashing).
D. Sign Color. Sign colors should be compatible with the building architecture. Within shopping centers, sign color should complement the color scheme for the center. 26
Streets
lst Street
2nd Street
6th Street
Beaumont Ave
Desert Lawn
Highland Springs
Oak Valley Pkwy
Palm Ave
Loma Linda University, UC Riverside, County of Riverside, California State P rks, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Buret of Land Management, EPA, NPS, USDA, Esri, NASA, NGA, USGS, LIMA 1
LEGAL ADVERTISEMENT
NOTICE IS HEREBY GIVEN, that the City of Beaumont will conduct public hearings to consider the matter described below. The Planning Commission's public hearing will be held at 6:00 p.m. on Wednesday, September 27, 2023, and the City Council's public hearing will held at 6:00 p.m. on Tuesday, October 3, 2023, at 550 East Sixth Street, Beaumont, California.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BEAUMONT, CALIFORNIA
AMENDING CHAPTER 17.07 "SIGNS",
AND
CHAPTER 8.50 "OUTDOOR LIGHTING"
OF THE BEAUMONT MUNICIPAL CODE
Public comments can be made in person, using the public comment phone line or by written email. Phone-in comments will be accepted by calling the designated public comment phone line (951) 922- 4845 prior to the corresponding item. Public comments shall not exceed three minutes unless otherwise authorized by City Council.
Written comments can be emailed to [email protected] Public comments accepted via email will be read aloud during the corresponding item of the meeting. Comments can be submitted any time prior to the meeting as well as during the meeting until the end of the corresponding item.
This meeting will be conducted in person and also and will be recorded for live streaming. All City of Beaumont public meetings will be made available via live streaming and made available on the City's official YouTube webpage. Please use the following link during the meeting for live stream access: BeaumontCa.gov/Livestream Christina Taylor Page 155 of 662
Deputy City Manager
[email protected]
The Press -Enterprise
Published: 9/16/23
BEAUA MONTA -C L 1 F O R N 1 -
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
DATE November 7, 2023
SUBJECT: FY2023-2024 1st Quarter Cash and Investment Report Description Receive and file the FY2023-2024 1st Quarter Cash and Investment Report.
Background and Analysis:
In accordance with Government Code Section 53646(8)(1) and per the City's Investment Policy, the City Treasurer through the Finance Department shall submit to the Finance Committee a quarterly report that will then be taken to City Council.
Staff have prepared the investment reports and certification as of quarter ending September 30, 2023. A summary of bank activity by each month in the quarter is provided below.
Bank Name
Beginning Bank
Balance July 1,
2024
Deposits
Payments
Ending Bank
Balance July 31,
2024
Wells Fargo Checking
1,151,369.00
13,235,172.69
14,039,641.69
346,900.00
Wells Fargo - Sweep
63,686,077.65
4,310,393.97
4,812,555.04
63,183,916.58
Bank of Hemet - Payroll
2,251,169.51
-
1,434,678.45
816,491.06
Bank of Hemet - Gas Tax
3,825,864.07
231,561.80
-
4,057,425.87
Bank of Hemet - Evidence and Seizure Fund
344,335.04
29.24 -
344,364.28
Bank of Hemet - Construction
8,184,999.98
695.16
-
8,185,695.14
Grand Total
Bank Name
Beginning Bank
Balance August
1, 2024
Deposits
Payments
Ending Bank
Balance August
31, 2024
Wells Fargo Checking
346,900.00
35,595,229.61
32,921,756.61
3,020,373.00
Wells Fargo - Sweep
63,183,916.58
3,531,377.28
32,479,270.93
34,236,022.93
Bank of Hemet - Payroll
816,491.06
2,500,000.00
1,603,175.31
1,713,315.75
Bank of Hemet - Gas Tax
4,057,425.87
387,499.48
-
4,444,925.35
Bank of Hemet - Evidence and Seizure Fund
344,364.28
29.25 -
344,393.53
Bank of Hemet - Construction
8,185,695.14
695.22
-
8,186,390.36
Grand Total
76,934,792.93
42,014,830.84
67,004,202.85
51,945,420.92
Bank Name
Beginning Bank
Balance
September 1,
2024
Deposits
Payments
Ending Bank
Balance
September 30,
2024
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
Grand Total
51,945,420.92
40,340,979.46
58,733,624.09
33,552,776.29
BANK BALANCES 1st QTR FY 23-24
CITIBANK ACCOUNTS
Wells Fargo
GENERAL
Sweep
# July 2023 August 2023 September 2023
52455 $ 346,900.00 $ 3,020,373.00 $ 3,006,362.00
$ 63,183,916.58 $ 34,236,022.93 $ 14,860,180.45
$ 63,530,816.58 $ 37,256,395.93 $ 17,866,542.45
BANK OF HEMET
PAYROLL 50301 $ 816,491.06 $ 1,713,315.75 $ 2,590,501.59 GAS TAX 21901 $ 4,057,425.87 $ 4,444,925.35 $ 4,564,270.57 EVIDENCE AND SEIZURE FUND 20042 $ 344,364.28 $ 344,393.53 $ 344,420.89 CONSTRUCTION 20048 $ 8,185,695.14 $ 8,186,390.36 $ 8,187,040.79
US BANK
INVESTMENT PORTFOLIO
LIQUIDITY FUND
$ 13,403,976.35 $ 14,689,024.99 $ 15,686,233.84
10770 $ 70,606,467.70 $ 70,792,780.25 $ 70,934,423.60
13574 $ 11,199,860.62 $ 11,244,994.52 $ 11,292,110.69
$ 81,806,328.32 $ 82,037,774.77 $ 82,226,534.29
LAIF 3-056 $ 48,561,894.11 $ 48,561,894.11 $ 48,561,894.11 PARS
2,580,621.01 $ 2,536,108.51 $ 2,540,928.19
The significant transactions during the quarter were as follows:
• LAIF interest recorded on 7/14/2023 in the amount of $378,308.66, in comparison to prior year 4th quarter payment was $128,244.38. • Net income received for the quarter on the portfolio managed by Public Trust is $685,609.20.
• Net income earned on California CLASS investment pool is $39,160.34.
• Interest received for the quarter on the Wells Fargo Sweep account is $593,199.60.
• Interest received for the quarter on the Bank of Hemet accounts is $3,178.76. • The PARS earnings for the quarter are $-74,692.40.
Total earnings - $1,624,764.16
The City purchased $5M of laddered CDs from BMO Harris Bank in August 2023.
These CDs have an annual percentage yield of 5.27% which will be paid at maturity.
This report was reviewed with the Finance and Audit Committee at the October 23, 2023, meeting.
Fiscal Impact:
The estimated cost to prepare this report is $398.
Recommended Action:
Receive and file report.
Attachments:
A. Pooled Cash Investments Holding Report as of September 30, 2023 B. Pooled Cash Report as of September 30, 2023
C. Investment Certification for Quarter Ending September 30, 2023 D. Wilmington Trust Security Listings as of September 30, 2023 E. Wilmington Trust Maturity Dates
F. Public Trust Advisors Portfolio Report
G. Public Trust Advisors Liquidity Portfolio Report
H. PARS Portfolio Performance September 30, 2023
BEAUMONT
DESCRIPTION OF SECURITY
Deposit Accounts
Wells Fargo Checking (Pooled Cash) N/A N/A NR N/A 3,006,362.00 3,006,362.00 Wells Fargo Sweep Account N/A N/A NR N/A 14,860,180.45 14,860,180.45 5.21 Bank of Hemet - Payroll N/A N/A NR N/A 2,590,501.59 2,590,501.59 Bank of Hemet - Gas Tax 0.1 N/A NR N/A 4,564,270.57 4,564,270.57 Bank of Hemet - Evidence and Seizure Fund 0.1 N/A NR N/A 344,420.89 344,420.89 0.1 Bank of Hemet - Construction 0.1 N/A NR N/A 8,187,040.79 8,187,040.79 0.1 33,552,776.29
COUPON
RATE
CITY OF BEAUMONT
POOLED INVESTMENT PORTFOLIO HOLDINGS
September 30, 2023
MATURITY
DATE
*INVEST
RATING
PURCH
DATE
COST VALUE
MARKET VALUE
Estimated
Current
Yield
Certificates of Deposit
BMO Harris Bank
BMO Harris Bank
BMO Harris Bank
Local Agency Investment Fund (LAIF)
Cash & Equivalents
Fixed Income Securities
Cash & Equivalents
California CLASS
5.27 1/29/2024 NR 8/2/2023 2,000,000.00 2,000,000.00
5.27 5/2/2024 NR 8/2/2023 1,500,000.00 1,500,000.00
5.27 8/2/2024 NR 8/2/2023 1,500,000.00 1,500,000.00
N/A Varies NR Varies 48,561,894.11 48,561,894.11 3.42
Cash and Investment Held by Third Party Trustee (Wilmington Trust) N/A N/A NR N/A 23,756,382.92 23,756,382.92
Varies Varies Varies Varies 86.00 86.00
Cash and Investment Held by Third Party Trustee (US Bank) N/A N/A NR N/A 27,371,084.02 27,364,166.33 5.06
N/A N/A NR N/A 20,000,000.00 20,039,160.34 5.48
Fixed Income Securities Varies Varies Varies Varies 61,366,362.35 62,525,588.65 3.72 Cash and Investment Held by Third Party Trustee (PARS Pension 115 Trust) Cash & Equivalents 2,523,423.80 2,450,928.19
BEAUMF O R \ � AONT
C .-. _. f
Fund (Claim
on Cash) Account Name
Pooled Cash Report
For the Period Ending 9/30/2023
Beginning Balance Current Activity
Current Balance
100 General Fund
120 Self Insurance
200 Highway Users Tax (GAS)
201 SB1
202 Measure A
205 Motor Vehicle Subvention (AB2766)
210 Public, Education, Govt (PEG)
215 Community Development/Grants (CDBG)
220 Citizen Option Public Safety (COPS)
225 Asset Seizures - State
230 Asset Seizures - Federal
240 Other Special Revenue Fund
250 Community Facitlities District (CFD)-Admin
255 Community Facilities District (CFD)-Maint
260 Community Facilities District (CFD)-Public Safety
500 General Capital Projects
510 Community Facilities District
550 Other Mitigation
552 Basic Services Mitigation
554 General Plan Mitigation
555 Recreational Facilities Mitigation
556 Traffic Signal Mitigation
558 Railroad Crossing Mitigation
559 Police Facilities Mitigation
38,988,731.19
6,276,643.71
(1,399,355.98)
240,496.40
2,752,802.77
247,084.16
35,195.07
(31,177.82)
530,645.12
36,948.47
53,146.61
434,103.32
51,075.27
3,192,995.08
755,813.09
35,171,308.07
13,182,957.54
6,661.87
1,782,615.23
228,850.03
2,511,599.45
1,879,000.97
2,951,708.64
1,846,720.50
(8,075,605.75)
(15,838.27)
(346,582.27)
2,395.46
215,261.70
20,700.95
(4,050.60)
(581,504.57)
(6,859.52)
1,312.38
529.37
48,908.69
1,334,440.61
(3,127,619.96)
(558,291.50)
5,028,854.38
31,356.71
66.35 (47,876.92)
5,425.10
54,332.67
(462,937.72)
(112,032.73)
23,601.26
30,913,125.44
6, 260, 805.44
(1,745,938.25)
242,891.86
2,968,064.47
267,785.11
31,144.47
(612,682.39)
523,785.60
38,260.85
53,675.98
483,012.01
1,385,515.88
65,375.12
197,521.59
40,200,162.45
13,214,314.25
6,728.22
1,734,738.31
234,275.13
2,565,932.12
1,416,063.25
2,839,675.91
1,870,321.76
560 Fire Station Mitigation
562 Road and Bridge Mitigation
564 Recycled Water Mitigation
566 Emergency Preparedness Mitigation
567 Community Park Mitigation
568 Regional Park Mitigation
569 Neighborhood Parks Mitigation
570 Pass Thru DIF Fund
600 Internal Service Fund
700 Wastewater
705 Wastewater Mitigation
710 Wastewater Capital Projects
750 Transit
755 Transit GASB
760 Transit Capital Projects
840 City of Beaumont CFD
850 Beaumont Finance Authority
855 Beaumont Public Improv Authority
860 Evidence
Total Claim on Cash
Cash In Bank
Pooled Cash
Sweep
Investments with Trustee
LAIF
Total Cash in the Bank
Due to Other Funds
999 Due to Other Funds
Total Due to Other Funds
5,798,100.08
14,561,787.01
4,239,649.93
796,925.05
2,927,775.00
1,970,238.79
3,700,340.06
10,377,365.77
6,561,099.54
7, 418, 540.19
10,009,868.13
(1,140,304.55)
1,229,015.59
373,030.97
(81,364.52)
21,259,154.52
23,617.21
0.01 24,786.48
86,971.37
(557,605.33)
131,972.04
42,159.14
40,705.15
7,273.41
53,684.32
(2,784,792.84)
(288,670.59)
(457,691.22)
245,826.24
(1,868,280.11)
(14,787.51)
(59,775.10)
(13,990,886.65)
(23,617.21)
(0.01)
1,746.66
5,885,071.45
14, 004,181.68
4,371,621.97
839,084.19
2,968,480.15
1,977,512.20
3,754,024.38
7,592,572.93
6,272,428.95
6,960,848.97
10,255,694.37
(3,008,584.66)
1,214,228.08
373,030.97
(141,139.62)
7,268,267.87
26,533.14
201,776,194.02
(26,007,782.42)
175,768,411.60
1,151,369.00
63,686,077.65
81,542,441.27
48,183,585.45
130,877,395.72
1,854,993.00
(48,825,897.20)
27,195,005.10
378,308.66
(19,397,590.44)
3,006,362.00
14,860,180.45
108,737,446.37
48,561,894.11
175,165,882.93
8,364,089.65
8,364,089.65
(396,129.19)
(396,129.19)
3,608,890.67
3,608,890.67
Cash in Bank 194,563,473.37 175,165,882.93
Claim on Cash 201,776,194.02 175,768,411.60
Difference (7,212,720.65) (602,528.67)
Pooled Cash
Due to Other Funds
1,151,369.00
8,364,089.65
3,006,362.00
3,608,890.67
(7,212,720.65) (602,528.67)
Total Difference - 0.00
City of Beaumont
Investment Report
For the Quarter Ended
September 30, 2023
Z9910 £91, abed
I certify that this repo rt accurately reflects all City investments, and it is in conformity with the Investment Policy as approved by the City Council on May 18,2021 which complies with the Calif ornia Government Code. A c opy of this Investment policy is available in the City of Beaumont Finance Department. The investment program herein provides sufficient cash flow liquidity to meet its expenditures obligations within the cash fl ow needs for the next thirteen months of budgeted and estimated budgeted expenditures.
Jennifer Ustation
Finance Director
October 23, 2023
Holdings Summary
For 626 Accounts
Account Level Detail - Separate Principal and Income
As of Date 09/30/2023
Comparison Date 09/30/2023
Portfolio Type/Currency(Local)
Security Type
Asset Class/Industry
Market
Value
MV
(%)
Accrued
Income
Unknown
Accrued
Income?
MV w/
Accrued
Income
Unknown
MV with
Acr Inc?
Principal Portfolio - USD
Cash & Equivalents
Taxable
23,756,382.92
99,410.05
0.00 23,855,792.97
0.00 Principal Portfolio - USD
Fixed Income
U.S. Tax -Exempt Fixed Income
86.00 0.00
0.00 86.00
0.00 + Unknown
A Incomplete
Run Date 10/16/2023 1:25:14 AM Page 1 of 2
Market Value
Comparison Date
23,756,382.92
MV (%)
Comparison Date
21,635.49
86.00 664.51
+ Unknown
^ Incomplete
Run Date 10/16/2023 1:25:14 AM Page 2 of 2
City of Beaumont Maturity Dates (all issues)
121031-000 Beaumont CFD93-1 2013A Financing Authority Authority 9/1/2023 121032-000 Beaumont CFD93-1 2013A IA19C CFD 9/1/2023
**Issue pays in full on 9/1/2023**
121035-000 Beaumont CFD93-1 2013A Financing Authority Authority 9/1/2023 121037-000 Beaumont CFD93-1 2013A IA17A CFD 9/1/2023
**Issue pays in full on 9/1/2023**
121041-000 Beaumont CFD93-1 2015A Financing Authority Authority 9/1/2045 121043-000 Beaumont CFD93-1 2015A IA7A1 CFD 9/1/2045
121046-000 Beaumont CFD93-1 2015B Financing Authority Authority 9/1/2035 121048-000 Beaumont CFD93-1 2015B IA19A CFD 9/1/2035
121049-000 Beaumont CFD93-1 2015C Financing Authority Authority 9/1/2034 121050-000 Beaumont CFD93-1 2015C IA18 CFD 9/1/2034
121051-000 Beaumont CFD93-1 2015D Financing Authority Authority 9/1/2034 121052-000 Beaumont CFD93-1 2015D IA16 CFD 9/1/2034
123240-000 Beaumont 93-1 2017A IA6A1 Authority 9/1/2035 123431-000 Beaumont 93-1 2017A IA8 Authority 9/1/2032
123239-000 Beaumont 93-1 2017A IA8A Authority 9/1/2035
123433-000 Beaumont 93-1 2017A IA8B Authority 9/1/2037
120990-009 Beaumont 93-1 2017A IA8C Authority 9/1/2038
123223-000 Beaumont 93-1 2017A IA8D Authority 9/1/2039
123436-000 Beaumont 93-1 2017A 1A14 Authority 9/1/2032
123456-000 Beaumont 93-1 2017A IA14A Authority 9/1/2033 123221-000 Beaumont 93-1 2017A IA14B Authority 9/1/2037 121032-013 Beaumont 93-1 2017A IA19C Authority 9/1/2036 121021-034 Beaumont 93-1 2018A IA7B Authority 9/1/2039
132553-000 Beaumont 93-1 2018A IA7D Authority 9/1/2048
121009-017 Beaumont 93-1 2018A IA8C Authority 9/1/2048
123223-010 Beaumont 93-1 2018A IA8D Authority 9/1/2048
132571-000 Beaumont 93-1 2018A IA8E Authority 9/1/2048
129848-000 Beaumont 93-1 2018A IA17C Authority 9/1/2048 131715-000
Beaumont Pub Imp WW Rev Bds 2018 WasteWatei 9/1/2049
136802-000 Beaumont BPIA LRBS Series 2019 Authority 9/1/2032 136797-000 Beaumont CFD 93-1 2019 IA3 CFD 9/1/2032
136798-000 Beaumont CFD 93-1 2019 IA9 CFD 9/1/2032
136799-000 Beaumont CFD 93-1 2019 IA10A CFD 9/1/2032
136800-000
136801-000
Beaumont CFD 93-1 2019 IA11
Beaumont CFD 93-1 2019 IA12
CFD 9/1/2032
CFD 9/1/2032
134436-000 Beaumont 2016-1 (Fariway Cyn) IA 19C 2019 Authority 9/1/2049 136806-000 Beaumont CFD 2016-2 2019 (Sundance) Authority 9/1/2049 138228-000 Beaumont CFD 2016-4 2019 Authority 9/1/2049
141969-002 Beaumont CFD 93-1 2020 IA8F Authority 9/1/2050 143124-000 Beaumont CFD 2019-1 2020 Authority 9/1/2050
142529-000 Beaumont CFD93-1 2020 Financing Authority 9/1/2042 121009-018 Beaumont CFD 93-1 2020 IA8C 9/1/2042
142528-000 Beaumont CFD 93-1 2020 IA17B 9/1/2042
149426-000 Beaumont BPIA LRBS Series 2021 9/1/2039
121021-100 Beaumont CFD 93-1 2021 IA7B 9/1/2039
149424-000 Beaumont CFD 93-1 2021 IA7C 9/1/2039
149422-000 Beaumont CFD 93-1 2021 IA17A 9/1/2034
149421-000 Beaumont CFD 93-1 2021 IA19C 9/1/2036
149425-000 Beaumont CFD 93-1 2021 IA20 9/1/2035
163158-000 Beaumont CFD 2016-3 2023 Authority 9/1/2048
PUBLIC
IIIIl TRUST
Board Package
City of Beaumont, CA (257428)
[07-01-2023]--[09-30-2023]
07/01/2023 - 09/30/2023
Dated: 10/20/2023
Locked Down
= PUBLIC
III' TRUST
Table of Contents
Dated: 10/20/2023
Risk Summary (1) (City of Beaumont, CA (257428)) /
Performance Overview (City of Beaumont, CA (257428)) 5
Index Comparison (City of Beaumont, CA (257428)) 8
GAAP Financials (City of Beaumont, CA (257428)) //
Current Holdings (City of Beaumont, CA (257428)) 12
Realized Gain/Loss (City of Beaumont, CA (257428)) 13
Income Detail (City of Beaumont, CA (257428)) 14
Issuer Concentration (> $550K) (City of Beaumont, CA (257428)) 15 Historical Trends (City of Beaumont, CA (257428)) 16
Credit Events (City of Beaumont, CA (257428)) 17
PUBLIC
11111 TRUST
ORS
Risk Summary (1)
07/01/2023 - 09/30/2023 Return to Table of Contents
Balance Sheet
Book Value + Accrued
Net Unrealized Gain/Loss
Market Value + Accrued
71,642,968.40
-1,225,259.96
70,417,708.44
Asset Class
Cash (0.086%)
Money Market
Funds (0.116%)
Fixed Income
(99.798%)
Chart calculated by: Base Market Value + Accrued
Cash and Fixed Income Summarfv
Risk Metric Value
Cash 60,802.71
MMFund 81,373.33
Fixed Income 70,275,532.40
Duration 1.279
Convexity 0.030
WAL 1.357
Years to Final Maturity 1.355
Years to Effective Maturity 1.355
Yield 4.331
Book Yield 3.985
Avg Credit Rating AA+/Aa1/AA+
Security Type
CASH (0.086%)`,
MMFUND l
(0.116%)
CORP (10.790%)
AGCY BOND
(16.024%)
T-BILLill
(22.718%)
US GOV
(50.266%)
Chart calculated by: Base Market Value + Accrued
City of Beaumont, CA (257428)
Dated: 10/20/2023
Issuer Concentration
Issuer Concentration % of Base Market
Value +Accrued
Other 0.463%
United States 72.984%
Toyota Motor Corporation 1.382%
PACCAR Inc 2.209%
Federal Home Loan Banks 7.054%
Farm Credit System 8.971%
Deere & Company 1.403%
Chevron Corporation 1.417%
Caterpillar Inc.
Apple Inc.
Amazon.com, Inc.
1.392%
1.334%
1.392%
100.000%
Footnotes: 1,2
Market Sector
Cash (0.202%)
Industrial
(10.790%)
Agency
(16.024%)
Government
(72.984%)
Chart calculated by: Base Market Value + Accrued
Page
0 1
PUBLIC
TR
UST
ADVISORS
Risk Summary (1)
07/01/2023 - 09/30/2023
Return to Table of Contents
City of Beaumont, CA (257428)
Dated: 10/20/2023
Credit Rating
Base Market Value + Accrued
60,000,000
50,000,000
40,000,000
30,000,000
20,000,000
10,000,000 .
0 AAA
AA AA- A+ A-1
Time To Maturity
+ 25%
m
> 20%
a)
�15%
a>?
co
m< ° 10%
0 5%
0%
w
• Ending Years to Effective Maturity • Ending Years to Final Maturity Credit Duration Heat Map
Rating 0-1 1-2 2-3 3-4 4-5 5-7 7-10 10-15 15-30
AAA 33.815% 32.042% 24.688% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% AA 0.000% 3.070% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% A 1.382% 3.601% 1.403% C.000% 0.000% 0.000% 0.000% 0.000% 0.000% BBB 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% BB 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% B 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% CCC 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% CC 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% C 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% NA 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% Duration
Base Market Value + Accrued
30,000,000
25,000,000
20,000,000
15,000,000
10,000,000
5,000,000
0 ■ ■
0.00-0.25 1 0.50-0.75 1 0.75-1.00 1 1.00-2.00 1 2.00-3.00
2 = PUBLIC
„II'TRUST
Risk Summary (1)
07/01/2023 - 09/30/2023
Return to Table of Contents
City of Beaumont, CA (257428)
Dated: 10/20/2023
MMF Asset Allocation
US Treasury
Allocation (27.000%)
Repo
Allocation (73.000%)
Chart calculated by: Base Market Value
Industry Group
Telecommunications
(1.334%)
Machinery-Constr&Mining
(1.392%)
Internet
(1.392%)
Machinery -Diversified
(1.403%)
Oil&Gas
(1.417%)
Auto
Manufacturers (3.591%)
Other
(0.463%)
1‘
Sovereign
(89.008%)
Chart calculated by: Base Market Value + Accrued
Industry Sector
Funds
(0.116%)
Consumer,
Non -cyclical (0.261%)
Energy
(1.417%)
Communications
(2.726%)
Industrial
(2.794%)
Consumer,
Cyclical (3.591%)
Other
(0.086%),
Govemment
(89.008%)
Chart calculated by: Base Market Value + Accrued
Industry Subgroup
Other
(3.179%)�
Machinery -Co n s tr&M fi n i n g
(1.392%)
E-Commerce/Products
(1.392%)
Machinery -Farm
(1.403%)
Oil
Comp -Integrated (1.417%)
Auto-Med&Heavy Duty
Trks (2.209%)
Sovereign
Sovereign (72.984%)
Agency (16.024%)
Chart calculated by: Base Market Value + Accrued
3 = PUBLIC
TRUST
VISORS
Risk Summary (1)
07/01/2023 - 09/30/2023
Return to Table of Contents
City of Beaumont, CA (257428)
Dated: 10/20/2023
1: * Grouped by: Issuer Concentration. 2: * Groups Sorted by: % of Base Market Value + Accrued.
4 PUBLIC
TR
UST
ADVISORS
Performance Overview
07/01/2023 - 09/30/2023
Base Returns
0.4%
Return to Table of Contents
0.3%
0.2%
c
Ir 0.1%
-0.2% i i i i ,5 i n, i
01' 01' 01' 01' 01' 01' 01' 01' 01' 01' OHO 01' 01' 01' 1\O^\� 10\� �c��L �L 41,
�\�o,�L �\O��L O\!;\ �,!,". �\�co�L O.\Z) O\00�L O""\\ O\�L O'1,7)
O O O O O O O O O O O O O O
— Total Return — Income Return — Price Return
City of Beaumont, CA (257428)
Dated: 10/20/2023
Beta Distribution
Summary
4%
3%
2%
C
j 1%
15 -1
-2%
0 °
Prior Month
Prior Quarter
• Total Return
Prior Year
• Income Return • Price Return
Month to Date
Index Return • Excess Return
Quarter to Date
Year to Date
age 1 /b o
5 PUBLIC
I„I' TRUST
Performance Overview
07/01/2023 - 09/30/2023
Return to Table of Contents
Portfolio Summary
Asset Class
Cash
Money Market Funds
Fixed Income
Base Market Value + Accrued
60,802.71
81,373.33
70,275,532.40
Total 70,417,708.44
Footnote: 1
Compliance Status
Compliant Account
Cash and Fixed Income Summary
Risk Metric Value
Cash 60,802.71
MMFund 3 81,373.33
Fixed Income 70,275,532.40
Duration 1.279
Convexity 0.030
WAL 1.357
Years to Final Maturity 1.355
Years to Effective Maturity 1.355
Yield 4.331
Book Yield 3.985
Avg Credit Rating AA+/Aa1/AA+
Policy Name Total Rules Compliant Rules Violating Rules City of Beaumont, CA (257428)
Dated: 10/20/2023
Equity Summary
Equity Metric Value
Equity
Beta
R Squared
Trailing P/E
Dividend Yield
0.00 Compliance Overview
Status
As of
Compliant
09/30/2023
Reconciliation Status
Custody Reconciliation Status
Custody Last Reconciled For
Trading System Last Reconciled For
Reconciled
10/19/2023
10/13/2023
Page
0 6
PUBLIC
Hu TRUST
VISORS
Performance Overview City of Beaumont, CA (257428)
07/01/2023 - 09/30/2023
Index: NO BENCHMARK REQUIRED.
1: * Grouped by: Asset Class.
Return to Table of Contents Dated: 10/20/2023
7 PUBLIC
TR
UST
ADVISORS
Index Comparison
07/01/2023 - 09/30/2023 Return to Table of Contents
Index Comparison Summary
a)
U
C
0 a)
0 Duration
Yield I Years to Effective I Years to Final
Maturity Maturity
Index Comparison Market Sector
m
U
0%
`a)
0 Government I Agency Industrial Cash
Index Comparison Duration
City of Beaumont, CA (257428)
Dated: 10/20/2023
a)
U
0%
0 I I q, I'b 1 ix 1 43 I A I O l 1 O I x I C
N ti 3 t' 0, 1. ^O ^ `�O J`a;��o
0 Index Comparison Credit Rating
AAA AA A BBB I Non -Invest I Not Rated
8 PUBLIC
I„I' TRUST
Index Comparison
07/01/2023 - 09/30/2023 Return to Table of Contents
Index Com arison Summa
Risk Metric
Duration
Yield
Years to Effective Maturity
Years to Final Maturity
Average Credit Rating
Footnote: 1
Portfolio
1.279
4.331
1.355
1.355
AA+
Index
Difference
Index Comparison Market Sector
Market Sector Portfolio
Government 72.984%
Agency 16.024%
Industrial 10.790%
Cash 0.202%
Index
Difference
Footnote: 2
City of Beaumont, CA (257428)
Dated: 10/20/2023
Index Com arison Duration
Duratio Portfolio Index Difference
<0
0-1
1-2
2-3
3-4
4-5
5-7
7-10
10-15
15-30
30 +
No Duration
Footnote: 3
0.000%
35.198%
38.712%
26.090%
0.000%
0.000%
0.000%
0.000%
0.000%
0.000%
0.000%
0.000%
Index Comparison Credit Rating
Credit Rating Portfolio Index Difference
AAA 90.545%
AA 3.070%
A 6.385%
BBB 0.000%
Non -Invest 0.000%
Not Rated 0.000%
Footnote: 4
9 = PUBLIC
TRUST
VISORS
Index Comparison
07/01/2023 - 09/30/2023 Return to Table of Contents
City of Beaumont, CA (257428)
Dated: 10/20/2023
Index: NO BENCHMARK REQUIRED.
1: * Grouped by: Risk Metric. 2: * Grouped by: Market Sector. 3: * Grouped by: Duration. 4: * Grouped by: Credit Rating.
10 PUBLIC
I„I' TRUST
GAAP Financials
07/01/2023 - 09/30/2023
Balance Sheet
Book Value
Accrued Balance
Book Value + Accrued
Net Unrealized Carrying Value Gain
Carrying Value and Accrued
Return to Table of Contents
As of:
City of Beaumont, CA
06/30/2023 09/30/2023
70,634,009.82 71,201,267.44
315,254.35 441,700.95
70,949,264.17
-1,108,641.88
69,840,622.28 70,417,708.44
71,642,968.40
-1,225,259.96
Income Statement
City of Beaumont, CA
Begin Date 07/01/2023
End Date 09/30/2023
Net Amortization/Accretion Income
Interest Income
Dividend Income
Foreign Tax Withheld Expense
Misc Income
Net Allowance Expense
Income Subtotal
Net Realized Gain/Loss
Net Holding Gain/Loss
Impairment Loss
Net Gain/Loss
Expense
Net Income
Transfers In/Out
Change in Unrealized Gain/Loss
604,880.91
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
90,130.05
604,880.91
0.00 695,010.96
-1,306.73
-116,618.08
Statement of Cash Flows
City of Beaumont, CA
Begin Date 07/01/2023
End Date 09/30/2023
Net Income
Amortization/Accretion on MS
Change in Accrued on MS
Net Gain/Loss on MS
Change in Unrealized G/L on CE
Subtotal
Purchase of MS
Purchased Accrued of MS
Sales of MS
Sold Accrued of MS
Maturities of MS
Net Purchases/Sales
Transfers of Cash & CE
Total Change in Cash & CE
Beginning Cash & CE
Ending Cash & CE
-50,456.81
-108,347.16
0.00 -4,847.36
-9,603,341.49
-18,099.44
0.00 0.00
0.00 695,010.96
-163,651.34
-9,621,440.93
-1,306.73
-9,091,388.04
25,231,225.68
16,139,837.64
City of Beaumont, CA (257428)
Dated: 10/20/2023
11 PUBLIC
I„I' TRUST
Current Holdings
Base Currency: USD As of 09/30/2023 Return to Table of Contents City of Beaumont, CA (257428)
Dated: 10/20/2023
Security Type
Base Original Units Base Current Units Final Maturity Base Original Cost Base Book Value Base Net Total Base Interest/ Base Accrued Market Base Market Value Base Market Value + Unrealized Gain/ Dividend Due Balance Price Accrued
Loss
AGCY BOND 11,300,000.00 11,300,000.00 09/30/2025 11,301,823.99 11,311,429.60 -147,017.85 0.00 119,343.40 98.8049 11,164,411.75 11,283,755.16 CASH 60,802.71 60,802.71 09/30/2023 60,802.71 60,802.71 0.00 0.00 0.00 1.0000 60,802.71 _ 60,802.71 CORP 7.890.000.00 7.890.000.00 05/30/2025 7.663.220.69 7.718.740.53 -188.567.83 0.00 67.786.50 95.5240 7.530.172.70 7.597.959.20 MMFUND
81,373.33 81,373.33 09/30/2023
81,373.33 81,373.33
0.00 60,802.71 0.00 1.0000 81,373.33 81,373.33
T -BILL
US GOV
16,000,000.00
36,260,000.00
16, 000, 000.00 10/03/2023
36,260,000.00 06/12/2025
15,990,682.31
35,897,323.26
15,995,341.15
36,033,580.12
2,320.45
-891,994.73
0.00 0.00 99.9854
0.00 254,571.05 96.9375
15,997,661.60
35,141,585.39
15,997,661.60
35,396,156.44
71,592,176.04
71,592,176.04 02/06/2025 70,995,226.30
71,201,267.44 -1,225,259.96 60,802.71 441,700.95 97.5829 69,976,007.48 70,417,708.44 * Grouped by: Security Type. * Groups Sorted by: Security Type. * Weighted by: Base Market Value + Accrued. * Holdings Displayed by: Position.
12 PUBLIC
I„I' TRUST
Realized Gain/Loss
Base Currency: USD 07/01/2023 - 09/30/2023
Return to Table of Contents
City of Beaumont, CA (257428)
Dated: 10/20/2023
Security Type
AGCY BOND --- Agency 11,300,000.00 0.00 0.00 0.00 11,283,755.16 CASH RCV Cash 60,802.71 0.00 0.00 0.00 60,802.71
CORP LT Industrial 7,890,000.00 0.00 0.00 0.00 7,597,959.20 MMFUND CE Cash 81,373.33 -25,553,711.22 0.00 0.00 81,373.33 T -BILL CE Government 16,000,000.00 -25,150,000.00 0.00 0.00 15,997,661.60 US GOV --- Government 36,260,000.00 0.00 0.00 0.00 35,396,156.44 BS Class Market Sector Ending Base Current Units
Base Disposed Book Value Base Total Impairment Loss Base Net Total Gain/Loss Ending Market Value + Accrued 71,592,176.04
-50,703,711.22 0.00 0.00 70,417,708.44
* Grouped by: Security Type. * Groups Sorted by: Security Type. * Weighted by: Ending Market Value + Accrued. * Holdings Displayed by: Lot.
13 PUBLIC
I„I' TRUST
Income Detail
Base Currency: USD 07/01/2023 - 09/30/2023
Return to Table of Contents
City of Beaumont, CA (257428)
Dated: 10/20/2023
Security Type BS Class Ending Base Current Units Base Accretion Income Base Misc Income Base Expense Base Interest/Dividend Income Base Amortization Expense Base Net Income AGCY BOND --- 11,300,000.00 4,575.20 0.00 0.00 99,462.50 -3,704.95 100,332.75 CASH RCV 60,802.71 0.00 0.00 0.00 0.00 0.00 0.00
CORP LT 7,890,000.00 14,872.49 0.00 0.00 50,293.75 -726.38 64,439.86 MMFUND CE 81,373.33 0.00 0.00 0.00 184,907.50 0.00 184,907.50 T -BILL CE 16,000,000.00 39,673.24 0.00 0.00 0.00 0.00 39,673.24 US GOV --- 36,260,000.00 43,361.91 0.00 0.00 270,217.16 -7,921.46 305,657.61 71,592,176.04
102,482.84 0.00 0.00 604,880.91 -12,352.79 695,010.96
* Grouped by: Security Type. * Groups Sorted by: Security Type. * Weighted by: Ending Base Market Value + Accrued. * Holdings Displayed by: Lot.
14 PUBLIC
11111 TRUST
ORS
Issuer Concentration (> $550K)
Base Currency: USD As of 09/30/2023
Deere &
Company
Chevron
Corporation (1
PACCAR
(2.306°
Federal Home
Loan Banks
Farm
Syste
Return to Table of Contents
Issuer Concentration
City of Beaumont, CA (257428)
Dated: 10/20/2023
Other
(4.288%)
Amazon.com,
I"
Inc. (1.453%) /
(1.464%)
479%)
Inc
/o)
7.363%)
Credit
m (9.364%)
United
States (72.283%)
Chart calculated by: Base Market Value + Accrued
Issuer Concentration
Security Type Ending Base Current Units Ending Effective Final Maturity Base Net Market Base Net FX Unrealized Base Market Value + Accrued % of Base Market Maturity Unrealized Gain/Loss Security Gain/Loss Value + Accrued United States --- 49,525,000.00 12/07/2024 12/07/2024 -788,816.41 0.00 48,761,944.28 72.283% Farm Credit System AGCY BOND 6,350,000.00 11/10/2025 11/10/2025 -81,806.98 0.00 6,316,821.47 9.364% Federal Home Loan Banks AGCY BOND 4,950,000.00 08/09/2025 08/09/2025 -65,210.87 0.00 4,966,933.69 7.363% PACCAR Inc CORP 1,600,000.00 08/11/2025 08/11/2025
Chevron Corporation CORP 1,000,000.00 11/15/2024 11/15/2024 Deere & Company CORP 1,100,000.00 06/17/2026 06/17/2026 Amazon.com, Inc. CORP 1,000,000.00 04/13/2025 04/13/2025 -25,321.20 0.00 980,144.95 1.453% Caterpillar Inc. CORP 1,000,000.00 05/13/2025 05/13/2025 -28,271.78 0.00 979,901.74 1.453% Toyota Motor Corporation CORP 1,000,000.00 10/07/2024 10/07/2024 -22,468.76 0.00 973,273.59 1.443% Apple Inc. CORP 1,000,000.00 05/11/2025 05/11/2025 -30,636.78 0.00 939,697.00 1.393% -51,593.07
-19,185.06
0.00 1,555,591.00 2.306%
0.00 998,066.91 1.479%
-4,036.43 0.00 987,694.65 1.464%
68,525,000.00 02/14/2025 02/14/2025
-1,117,347.33
0.00 67,460,069.28 100.000%
* Grouped by: Issuer Concentration. * Groups Sorted by: Base Market Value + Accrued. * Filtered By: Base Market Value + Accrued > 550,000.00. * Weighted by: Base Market Value + Accrued.
15 PUBLIC
TR
UST
ADVISORS
Historical Trends
Base Currency: USD 07/01/2023 - 09/30/2023
Return to Table of Contents
City of Beaumont, CA (257428)
Dated: 10/20/2023
5.5 Yield
5.25 5
4.75 4.5
4.25 \ /
4 3.75
3.5 i 0 l 0 0 l r 0 l 0 l 0 0 l 0 0 l 0 0 l 0 0
01' Ort' 01' Ort' Ort' 01' Ort' Ort' Ort' Ort' Ort' Ort' 01' 01' Ort'
,`�O ,\�O `\^ ,l\`L ,`�rL 0�0 'b�'\ 0�'� OHO OHO O�� O�`L OHO O O O O O O O O ,co' O O O O O
Yield
Base Market Value + Accrued Period Begin Period End Duration Complex Credit Years to Effective Maturity Years to Final Maturity Rating
4.543 69,844,344.42 07/01/2023 07/01/2023 1.135 AAA 1.199 1.199
3.707 69,862,737.93 07/02/2023 07/08/2023 1.115 AAA 1.179 1.179
5.072 70,065,637.18 07/09/2023 07/15/2023 1.220 AAA 1.293 1.293
4.893 70,029,559.04 07/16/2023 07/22/2023 1.386 AAA 1.470 1.470
5.043 69,962,485.99 07/23/2023 07/29/2023 1.371 AAA 1.455 1.455
4.927 70,173,244.16 07/30/2023 08/05/2023 1.358 AAA 1.441 1.441
5.013 70,127,791.48 08/06/2023 08/12/2023 1.342 AAA 1.424 1.424
5.035 70,161,763.43 08/13/2023 08/19/2023 1.327 AAA 1.407 1.407
5.180 70,141,800.07 08/20/2023 08/26/2023 1.350 AA+ 1.431 1.431
5.001 70,343,451.87 08/27/2023 09/02/2023 1.338 AA+ 1.417 1.417
5.077 70 314 464.01 09/03/2023 09/09/2023 1.322 AA+ 1.401 1.401
5.114 70,330,878.82 09/10/2023 09/16/2023 1.306 AA+ 1.383 1.383
5.154 70,348,082.01 09/17/2023 09/23/2023 1.291 AA+ 1.368 1.368
4.331 70,417,708.44 09/24/2023 09/30/2023 1.279 AA+ 1.355 1.355 Weighted by: Base Market Value + Accrued.
16 PUBLIC
11111 TRUST
ORS
Credit Events
Base Currency: USD 07/01/2023 - 09/30/2023
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City of Beaumont, CA (257428)
Dated: 10/20/2023
Account
Identifier Description
Effective Date
Agency Old Value New Value Event Type
City of Beaumont, CA 3130ASHK8 FEDERAL HOME LOAN BANKS 08/01/2023 Fitch AAA AA+ Downgrade City of Beaumont, CA 3130AWLY4 FEDERAL HOME LOAN BANKS 08/01/2023 Fitch AAA AA+ Downgrade City of Beaumont, CA 3130AWLZ1 FEDERAL HOME LOAN BANKS 08/01/2023 Fitch AAA AA+ Downgrade City of Beaumont, CA 3133ENYH7 FEDERAL FARM CREDIT BANKS FUNDING CORP 08/02/2023 Fitch AAA AA+ Downgrade City of Beaumont, CA 3133EPMB8 FEDERAL FARM CREDIT BANKS FUNDING CORP 08/02/2023 Fitch AAA AA+ Downgrade City of Beaumont, CA
City of Beaumont, CA
City of Beaumont, CA
City of Beaumont, CA 9128283P3 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade City of Beaumont, CA 9128285J5 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade City of Beaumont, CA 9128286X3 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade City of Beaumont, CA 912828D56 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade City of Beaumont, CA 912828XT2 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade City of Beaumont, CA
City of Beaumont, CA
City of Beaumont, CA
City of Beaumont, CA 91282CCX7 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade City of Beaumont, CA 91282CDH1 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade City of Beaumont, CA 91282CED9 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade City of Beaumont, CA 91282CEH0 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade City of Beaumont, CA 91282CEY3 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade City of Beaumont, CA
City of Beaumont, CA 91282CFW6 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade City of Beaumont, CA 91282CGA3 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade City of Beaumont, CA 91282CGE5 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade City of Beaumont, CA 91282CGG0 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade City of Beaumont, CA 91282CGL9 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade 3133EPQC2 FEDERAL FARM CREDIT BANKS FUNDING CORP 08/01/2023 Fitch AAA AA+ Downgrade 9128283D0 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade 9128283J7 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade 912828XZ8 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade 91282CCG4 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade 91282CCT6 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade 91282CFA4 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade City of Beaumont, CA
City of Beaumont, CA
City of Beaumont, CA
91282CGN5 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade 91282CGR6 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade 91282CHB0 UNITED STATES TREASURY 08/01/2023 Fitch AAA AA+ Downgrade Watch Changed
Account
Identifier Description
3133ENYH7 FEDERAL FARM CREDIT BANKS FUNDING CORP 08/02/2023 Fitch Negative Off Watch Changed Effective Date
Agency Old Value New Value Event Type
City of Beaumont, CA
City of Beaumont, CA
3133EPMB8 FEDERAL FARM CREDIT BANKS FUNDING CORP 08/02/2023 Fitch Negative Off Watch Changed * Grouped by: Event Type. * Groups Sorted by: Event Type. * Filtered By: Agency x DBRS and Agency Moodys.
17 Additional Disclosure:
This information is for the sole purposes of the client and is not intended to provide specific advice or recommendations. Please review the contents of this information carefully. Should you have any questions regarding the information presented, calculation methodology, investment portfolio, security detail, or any other facet of this information, please feel free to contact us.
Public Trust Advisors, LLC (Public Trust) statements and reports are intended to detail our investment advisory activity as well as the activity of certain client accounts managed by Public Trust. The custodian bank maintains the control of assets and executes and settles all investment transactions. The custodian statement is the official record of security and cash holdings transactions. Public Trust recognizes that clients may use these reports to facilitate record keeping; therefore, it is recommended that the client reconcile this information with their custodian bank statement. Many custodians use a settlement date basis that may result in the need to reconcile due to a timing difference. The underlying market value, amortized cost, and accrued interest may differ between the custodian and this statement or report. This can be attributed to differences in calculation methodologies and pricing sources used.
Public Trust does not have the authority to withdraw funds from or deposit funds to the custodian. Our clients retain responsibility for their internal accounting policies, implementing and enforcing internal controls, and generating ledger entries or otherwise recording transactions. The total market value represents prices obtained from various sources; it may be impacted by the frequency at which prices are reported, and such prices are not guaranteed. Prices received from pricing vendors are generally based on current market quotes but when such quotes are not available, the pricing vendors use a variety of techniques to estimate value. These estimates, particularly for fixed -income securities, may be based on certain minimum principal amounts (e.g. $1 million) and may not reflect all the factors that affect the value of the security including liquidity risk. The prices provided are not firm bids or offers. Certain securities may reflect N/A or unavailable where the price for such security is generally not available from a pricing source. The market value of a security, including those priced at par value, may differ from its purchase price and may not closely reflect the value at which the security may be sold or purchased based on various market factors. The securities in this investment portfolio, including shares of mutual funds, are not guaranteed or otherwise protected by Public Trust, the FDIC (except for certain non-negotiable certificates of deposit), or any government agency unless specifically stated otherwise.
Clients may be permitted to establish one or more unmanaged accounts for the purposes of client reporting. Clients may also be permitted to provide externally managed assets for the purposes of client reporting. Public Trust defines unmanaged accounts or assets as one where the investment direction remains the sole responsibility of the client rather than the Investment Manager. Unmanaged accounts or external assets do not receive ongoing supervision and monitoring services. The Investment Manager does not make any investment recommendations and may not charge a fee for reporting on these accounts or assets. The primary purpose for this service is to include unmanaged accounts or assets owned by the client in the performance reports provided by the Investment Manager. The Investment Manager assumes no liability for the underlying performance of any unmanaged accounts or assets, and it is the client's sole responsibility for the accuracy or correctness of any such performance.
Beginning and ending balances are based on market value plus accrued interest on a trade date basis. Statements and reports made available to the end user either from Public Trust or through the online reporting platform may present information and portfolio analytics using various optional methods including, but not limited to, historical cost, amortized cost, and market value. All information is assumed to be correct, but the accuracy has not been confirmed and therefore is not guaranteed to be correct. Information is obtained from third party sources that may or may not be verified. The data in this report is unaudited and is only applicable for the date denoted on the report. Market values may change day-to-day based on numerous circumstances such as trading volume, news released about the underlying issuer, issuer performance, etc. Underlying market values may be priced via numerous aspects as certain securities are short term in nature and not readily traded. Performance results are shown net of all fees and expenses and reflect the reinvestment of dividends and other earnings.
Many factors affect performance including changes in market conditions and interest rates and in response to other economic, political, or financial developments. Investment involves risk including the possible loss of principal. No assurance can be given that the performance objectives of a given strategy will be achieved. Past performance is no guarantee of future results. Any financial and/or investment decision may incur losses.
The investment advisor providing these services is Public Trust Advisors, LLC, an investment adviser registered with the U.S. Securities and Exchange Commission (SEC) under the Investment Advisers Act of 1940, as amended. Registration with the SEC does not imply a certain level of skill or training. Public Trust is required to maintain a written disclosure brochure of our background and business experience. If you would like to receive a copy of our current disclosure brochure, Privacy Policy, or Code of Ethics, or have any questions regarding your account please contact us.
Public Trust Advisors
717 17th St. Suite 1850
Denver, CO 80202
PUBLIC
IIIIl TRUST
Board Package
City of Beaumont Liquid Fund (303581)
[07-01-2023]--[09-30-2023]
07/01/2023 - 09/30/2023
Dated: 10/20/2023
Locked Down
= PUBLIC
III' TRUST
Table of Contents
Dated: 10/20/2023
Risk Summary (1) (City of Beaumont Liquid Fund (303581)) / Performance Overview (City of Beaumont Liquid Fund (303581)) 5 Index Comparison (City of Beaumont Liquid Fund (303581)) 8 GAAP Financials (City of Beaumont Liquid Fund (303581)) // Current Holdings (City of Beaumont Liquid Fund (303581)) 12 Realized Gain/Loss (City of Beaumont Liquid Fund (303581)) 13 Income Detail (City of Beaumont Liquid Fund (303581)) 14 Issuer Concentration (> $550K) (City of Beaumont Liquid Fund (303581)) 15 Historical Trends (City of Beaumont Liquid Fund (303581)) 16 Credit Events (City of Beaumont Liquid Fund (303581)) 17
PUBLIC
mu TRUST
ADVISORS
Risk Summary (1)
07/01/2023 - 09/30/2023 Return to Table of Contents
Balance Sheet
Book Value + Accrued
Net Unrealized Gain/Loss
Market Value + Accrued
11,337,976.82
0.00 11,337,976.82
Asset Class
Cash (0.405%)
Money Market
Funds (99.595%)
Chart calculated by: Base Market Value + Accrued
City of Beaumont Liquid Fund (303581)
Dated: 10/20/2023
Cash and Fixed Income Summary
Risk Metric Value
Cash 45,866.13
MMFund 11,292,110.69
Duration 0.000
Convexity 0.000
WAL 0.000
Years to Final Maturity 0.000
Years to Effective Maturity 0.000
Yield 4.940
Book Yield 4.940
Avg Credit Rating AAA/Aaa/AAA
Security Type
CASH (0.405%)
MMFUND
(99.595%)
Chart calculated by: Base Market Value + Accrued
Issuer Concentration
Issuer Concentration
U.S. Bancorp
(CCYUSD) UNITED STATES OF AMERICA 0.405%
% of Base Market
Value +Accrued
99.595%
100.000%
Footnotes: 1,2
Market Sector
Cash (100.000%)
Chart calculated by: Base Market Value + Accrued
age
0 1
PUBLIC
mu TRUST
ADVISORS
Risk Summary (1)
07/01/2023 - 09/30/2023
Credit Rating
Base Market Value + Accrued
12,500,000
10,000,000
7,500,000
5,000,000
2,500,000
0 Time To Maturity
+ 125%
a)
100%
m
2c0 -D 75%
ano
(0U
mQ 50%
0 25%
m
c 0%
w
Return to Table of Contents
City of Beaumont Liquid Fund (303581)
Dated: 10/20/2023
Other 0.000 0.250 0.500
• Ending Years to Effective Maturity • Ending Years to Final Maturity Credit Duration Heat Map
Rating 0-1 1-2 2-3 3-4 4-5 5-7 7-10 10-15 15-30
AAA��000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% AA 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% A 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% BBB 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% BB 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% B 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% CCC 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% CC 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% c 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% NA 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% Duration
Base Market Value + Accrued
12,500,000
10,000,000
7,500,000
5,000,000
2,500,000
0 0.00 - 0.25
2 = PUBLIC
TRUST
ADVISORS
Risk Summary (1)
07/01/2023 - 09/30/2023
Return to Table of Contents
City of Beaumont Liquid Fund (303581)
Dated: 10/20/2023
MMF Asset Allocation
US Treasury
Allocation (27.000%)
Repo
Allocation (73.000%)
Chart calculated by: Base Market Value
Industry Group
Cash
(100.000%)
Chart calculated by: Base Market Value + Accrued
Industry Sector
Other
(0.405%)
Funds
(99.595%)
Chart calculated by: Base Market Value + Accrued
Industry Subgroup
Cash
(100.000%)
Chart calculated by: Base Market Value + Accrued
3 = PUBLIC
TRUST
ADVISORS
Risk Summary (1) City of Beaumont Liquid Fund (303581)
07/01/2023 - 09/30/2023
Return to Table of Contents Dated: 10/20/2023
1: * Grouped by: Issuer Concentration. 2: * Groups Sorted by: % of Base Market Value + Accrued.
4 PUBLIC'
mu TRUST
ADVISORS
Performance Overview
07/01/2023 - 09/30/2023
Base Returns
0.1%
0.075% /
Return to Table of Contents
City of Beaumont Liquid Fund (303581)
Dated: 10/20/2023
E 0.05%
0.025%
0%
-0.025% i i i i i i i i
01' 01' 01' 01' 01' 01' 01' 01' 01' 01' OHO 01' 01' 01' �\O^�L �\Og�L �\^�j�L ���L ��p��L �\Oj�L O^�L �^p��L �\(co�L OOyL O\Op��L O\^ro�L OL O0�L
O O O O O O O O O O O O O O
— Total Return — Income Return — Price Return
Beta Distribution
Summary
4%
3%
E 2%
z
N
cC
1%
0 0%
1 1
1 1
1 1
0 °
Prior Month
Prior Quarter
• Total Return
Prior Year Month to Date
• Income Return • Price Return Index Return • Excess Return Quarter to Date
Year to Date
age o
5 = PUBLIC
„II'TRUST
Performance Overview
07/01/2023 - 09/30/2023
Return to Table of Contents
Portfolio Summary
Asset Class Base Market Value + Accrued
Cash
Money Market Funds
45,866.13
11,292,110.69
Total
11,337,976.82
Footnote: 1
City of Beaumont Liquid Fund (303581)
Dated: 10/20/2023
Cash and Fixed Income Summary
Risk Metric Value
Cash 45,866.13
MMFund 3 11,292,110.69
Duration 0.000
Convexity 0.000
WAL 0.000
Years to Final Maturity 0.000
Years to Effective Maturity 0.000
Yield 4.940
Book Yield 4.940
Avg Credit Rating AAA/Aaa/AAA
Compliance Status
Compliant Account
Policy Name Total Rules Compliant Rules Violating Rules Equity Summary
Equity Metric Value
Equity
Beta
R Squared
Trailing P/E
Dividend Yield
0.00 Compliance Overview
Status
As of
Compliant
09/30/2023
Reconciliation Status
Status
Last Reconciled For
Reconciled
10/19/2023
6 PUBLIC
Hu TRUST
VISORS
Performance Overview City of Beaumont Liquid Fund (303581) 07/01/2023 - 09/30/2023
Index: NO BENCHMARK REQUIRED.
1: * Grouped by: Asset Class.
Return to Table of Contents Dated: 10/20/2023
7 PUBLIC
mu TRUST
ADVISORS
Index Comparison
07/01/2023 - 09/30/2023 Return to Table of Contents
Index Comparison Summary
a)
U
C
0 a)
0 Duration
Yield I Years to Effective I Years to Final
Maturity Maturity
Index Comparison Market Sector
m
U
0%
`a)
0 Cash
City of Beaumont Liquid Fund (303581)
Dated: 10/20/2023
Index Comparison Duration
a)
U
0%
0 I N 1 1, I'b 1 ix 1 43 I A I O l 1 O I x I C
N ti 3 t� 5' 1 ^O ^ 30 o0eai\o
Index Comparison Credit Rating
AAA AA A BBB I Non -Invest I Not Rated
8 PUBLIC
IIIIITRUST
Index Comparison
07/01/2023 - 09/30/2023 Return to Table of Contents
Index Com arison Summa
Risk Metric
Duration
Yield
Years to Effective Maturity
Years to Final Maturity
Average Credit Rating
Footnote: 1
Portfolio Index Difference
0.000 --- ---
4.940
0.000
0.000
AAA
Index Comparison Market Sector
Market Sector
Cash
Portfolio Index Difference
100.000%
Footnote: 2
City of Beaumont Liquid Fund (303581)
Dated: 10/20/2023
Dur o, Pon Duration
Duratio Portfolio Index
<0
0-1
1-2
2-3
3-4
4-5
5-7
7-10
10-15
15-30
30 +
No Duration
Footnote: 3
0.000%
100.000%
0.000%
0.000%
0.000%
0.000%
0.000%
0.000%
0.000%
0.000%
0.000%
0.000%
Difference
Index Comparison Credit Rating
Credit Rating Portfolio Index Difference
AAA 100.000%
AA 0.000%
A 0.000%
BBB 0.000%
Non -Invest 0.000%
Not Rated 0.000%
Footnote: 4
9 = PUBLIC
„II' TRUST
ADVISORS
Index Comparison City of Beaumont Liquid Fund (303581)
07/01/2023 - 09/30/2023
Return to Table of Contents Dated: 10/20/2023
Index: NO BENCHMARK REQUIRED.
1: * Grouped by: Risk Metric. 2: * Grouped by: Market Sector. 3: * Grouped by: Duration. 4: * Grouped by: Credit Rating.
10 = PUBLIC
TRUST
GAAP Financials
07/01/2023 - 09/30/2023
Balance Sheet
Book Value
Accrued Balance
Book Value + Accrued
Net Unrealized Carrying Value Gain
Carrying Value and Accrued
Return to Table of Contents
City of Beaumont Liquid Fund
As of: 06/30/2023 09/30/2023
11,199,929.83
0.00 11,199,929.83
0.00 11,199, 929.83 11, 337, 976.82
11,337,976.82
0.00 11,337,976.82
0.00 Income Statement
City of Beaumont Liquid Fund
Begin Date 07/01/2023
End Date 09/30/2023
Net Amortization/Accretion Income
Interest Income
Dividend Income
Foreign Tax Withheld Expense
Misc Income
Net Allowance Expense
Income Subtotal
Net Realized Gain/Loss
Net Holding Gain/Loss
Impairment Loss
Net Gain/Loss
Expense
Net Income
Transfers In/Out
Change in Unrealized Gain/Loss
138,256.48
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 138,256.48
0.00 138,256.48
-209.49
0.00 Statement of Cash Flows
City of Beaumont Liquid Fund
Begin Date 07/01/2023
End Date 09/30/2023
Net Income
Amortization/Accretion on MS
Change in Accrued on MS
Net Gain/Loss on MS
Change in Unrealized G/L on CE
Subtotal
Purchase of MS
Purchased Accrued of MS
Sales of MS
Sold Accrued of MS
Maturities of MS
Net Purchases/Sales
Transfers of Cash & CE
Total Change in Cash & CE
Beginning Cash & CE
Ending Cash & CE
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 138,256.48
0.00 0.00
-209.49
138,046.99
11,199,929.83
11,337,976.82
City of Beaumont Liquid Fund (303581)
Dated: 10/20/2023
11 = PUBLIC
„II' TRUST
ADVISORS
Current Holdings
Base Currency: USD As of 09/30/2023 Return to Table of Contents City of Beaumont Liquid Fund (303581)
Dated: 10/20/2023
Security Type
Base Original Units Base Current Units Final Maturity Base Original Cost Base Book Value Base Net Total Base Interest/ Base Accrued Market Base Market Value Base Market Value + Unrealized Gain/ Dividend Due Balance Price Accrued
Loss
CASH 45,866.13
MMFUND 11,292,110.69
45,866.13 09/30/2023
11,292,110.69 09/30/2023
45,866.13
11,292,110.69
45,866.13
11,292,110.69
0.00 0.00
0.00 45,866.13
0.00 1.0000
0.00 1.0000
45,866.13
11,292,110.69
45,866.13
11,292,110.69
11,337,976.82 11,337,976.82 09/30/2023
11,337,976.82 11,337,976.82
0.00 45,866.13
0.00 1.0000
11,337,976.82 11,337,976.82
* Grouped by: Security Type. * Groups Sorted by: Security Type. * Weighted by: Base Market Value + Accrued. * Holdings Displayed by: Position.
12 = PUBLIC
TRUST
Realized Gain/Loss
Base Currency: USD 07/01/2023 - 09/30/2023
Return to Table of Contents
City of Beaumont Liquid Fund (303581)
Dated: 10/20/2023
Security Type
CASH RCV Cash 45,866.13
MMFUND CE Cash 11,292,110.69
BS Class Market Sector Ending Base Current Units
Base Disposed Book Value Base Total Impairment Loss Base Net Total Gain/Loss Ending Market Value + Accrued
0.00 0.00 0.00 45,866.13
-209.49 0.00 0.00 11,292,110.69
Cash 11,337,976.82 -209.49 0.00 0.00 11,337,976.82
* Grouped by: Security Type. * Groups Sorted by: Security Type. * Weighted by: Ending Market Value + Accrued. * Holdings Displayed by: Lot.
13 = PUBLIC
TRUST
Income Detail
Base Currency: USD 07/01/2023 - 09/30/2023
Return to Table of Contents
City of Beaumont Liquid Fund (303581)
Dated: 10/20/2023
Security Type BS Class Ending Base Current Units Base Accretion Income Base Misc Income Base Expense Base Interest/Dividend Income Base Amortization Expense Base Net Income CASH RCV 45,866.13 0.00 0.00 0.00 0.00 0.00 0.00
MMFUND CE 11,292,110.69 0.00 0.00 0.00 138,256.48 0.00 138,256.48 11,337,976.82
0.00 0.00 0.00 138,256.48 0.00 138,256.48
* Grouped by: Security Type. * Groups Sorted by: Security Type. * Weighted by: Ending Base Market Value + Accrued. * Holdings Displayed by: Lot.
14 = PUBLIC
TRUST
Issuer Concentration (> $550K)
Base Currency: USD As of 09/30/2023
Return to Table of Contents
Issuer Concentration
U.S.
Bancorp (100.000%)
City of Beaumont Liquid Fund (303581)
Dated: 10/20/2023
Chart calculated by: Base Market Value + Accrued
Issuer Concentration Security Type Ending Base Current Units Ending Effective Final Maturity Base Net Market Base Net FX Unrealized Base Market Value + Accrued % of Base Market Maturity Unrealized Gain/Loss Security Gain/Loss Value + Accrued U.S. Bancorp
U.S. Bancorp
MMFUND
MMFUND
11,292,110.69 09/30/2023 09/30/2023
0.00 0.00 11,292,110.69 100.000%
11,292,110.69 09/30/2023 09/30/2023 0.00 0.00 11,292,110.69 100.000% * Grouped by: Issuer Concentration. " Groups Sorted by: Base Market Value + Accrued. * Filtered By: Base Market Value + Accrued > 550,000.00. * Weighted by: Base Market Value + Accrued.
15 PUBLIC
!uumm TRUST
ADVISORS
Historical Trends
Base Currency: USD 07/01/2023 - 09/30/2023
City of Beaumont Liquid Fund (303581)
Return to Table of Contents Dated: 10/20/2023
5 4.95
Yield
4.9 /
4.85 T.>
} 4.8
4.75 4.7
4.65 1 I 1 I 1 I I I I 1 I 1 I 1 1
1' �O /' �O �O 1' 1' 1' 1' 1' �O �O /' ti0
\r \r \�O ��O 41O �0O ��O ��O ��O ��O ��O ��O ��O
Ot 0(&(-1' �h r`l' �O Oh ,�rl. ,�C� rl� 00. O°9 ,\ 41' �O 00 Off\ Off\ Q. OA\ O�� 00\ Off\ 00\ O`b\ 00\ 00\ Oo\ 00\ O°�� Yield Base Market Value + Accrued Period Begin Period End Duration Complex Credit Years to Effective Maturity Years to Final Maturity Rating
4.677 11,201,363.32 07/01/2023 07/01/2023 0.000 AAA 0.000 0.000
4.720 11,211,446.53 07/02/2023 07/08/2023 0.000 AAA 0.000 0.000
4.720 11,221,582.18 07/09/2023 07/15/2023 0.000 AAA 0.000 0.000
4.730 11,231,734.70 07/16/2023 07/22/2023 0.000 AAA 0.000 0.000
4.940 11,242,028.67 07/23/2023 07/29/2023 0.000 AAA 0.000 0.000
4.930 11,252,653.23 07/30/2023 08/05/2023 0.000 AAA 0.000 0.000
4.940 11,263,297.21 08/06/2023 08/12/2023 0.000 AAA 0.000 0.000
4.940 11,273,954.68 08/13/2023 08/19/2023 0.000 AAA 0.000 0.000
4.950 11,284,551.30 08/20/2023 08/26/2023 0.000 AAA 0.000 0.000
4.929 11,295,221.39 08/27/2023 09/02/2023 0.000 AAA 0.000 0.000
4.930 11,305,896.72 09/03/2023 09/09/2023 0.000 AAA 0.000 0.000
4.940 11,316,597.51 09/10/2023 09/16/2023 0.000 AAA 0.000 0.000
4.950 11,327,315.21 09/17/2023 09/23/2023 0.000 AAA 0.000 0.000
4.940 11,337,976.82 09/24/2023 09/30/2023 0.000 AAA 0.000 0.000 * Weighted by: Base Market Value + Accrued.
16 = PUBLIC
„II' TRUST
ADVISORS
Credit Events
Base Currency: USD 07/01/2023 - 09/30/2023
City of Beaumont Liquid Fund (303581)
Return to Table of Contents Dated: 10/20/2023
Account
Identifier Description
Effective Date
Agency Old Value New Value Event Type
* Grouped by: Event Type. * Groups Sorted by: Event Type. * Filtered By: Agency # DBRS and Agency * Moodys.
17 Additional Disclosure:
This information is for the sole purposes of the client and is not intended to provide specific advice or recommendations. Please review the contents of this information carefully. Should you have any questions regarding the information presented, calculation methodology, investment portfolio, security detail, or any other facet of this information, please feel free to contact us.
Public Trust Advisors, LLC (Public Trust) statements and reports are intended to detail our investment advisory activity as well as the activity of certain client accounts managed by Public Trust. The custodian bank maintains the control of assets and executes and settles all investment transactions. The custodian statement is the official record of security and cash holdings transactions. Public Trust recognizes that clients may use these reports to facilitate record keeping; therefore, it is recommended that the client reconcile this information with their custodian bank statement. Many custodians use a settlement date basis that may result in the need to reconcile due to a timing difference. The underlying market value, amortized cost, and accrued interest may differ between the custodian and this statement or report. This can be attributed to differences in calculation methodologies and pricing sources used.
Public Trust does not have the authority to withdraw funds from or deposit funds to the custodian. Our clients retain responsibility for their internal accounting policies, implementing and enforcing internal controls, and generating ledger entries or otherwise recording transactions. The total market value represents prices obtained from various sources; it may be impacted by the frequency at which prices are reported, and such prices are not guaranteed. Prices received from pricing vendors are generally based on current market quotes but when such quotes are not available, the pricing vendors use a variety of techniques to estimate value. These estimates, particularly for fixed -income securities, may be based on certain minimum principal amounts (e.g. $1 million) and may not reflect all the factors that affect the value of the security including liquidity risk. The prices provided are not firm bids or offers. Certain securities may reflect N/A or unavailable where the price for such security is generally not available from a pricing source. The market value of a security, including those priced at par value, may differ from its purchase price and may not closely reflect the value at which the security may be sold or purchased based on various market factors. The securities in this investment portfolio, including shares of mutual funds, are not guaranteed or otherwise protected by Public Trust, the FDIC (except for certain non-negotiable certificates of deposit), or any government agency unless specifically stated otherwise.
Clients may be permitted to establish one or more unmanaged accounts for the purposes of client reporting. Clients may also be permitted to provide externally managed assets for the purposes of client reporting. Public Trust defines unmanaged accounts or assets as one where the investment direction remains the sole responsibility of the client rather than the Investment Manager. Unmanaged accounts or external assets do not receive ongoing supervision and monitoring services. The Investment Manager does not make any investment recommendations and may not charge a fee for reporting on these accounts or assets. The primary purpose for this service is to include unmanaged accounts or assets owned by the client in the performance reports provided by the Investment Manager. The Investment Manager assumes no liability for the underlying performance of any unmanaged accounts or assets, and it is the client's sole responsibility for the accuracy or correctness of any such performance.
Beginning and ending balances are based on market value plus accrued interest on a trade date basis. Statements and reports made available to the end user either from Public Trust or through the online reporting platform may present information and portfolio analytics using various optional methods including, but not limited to, historical cost, amortized cost, and market value. All information is assumed to be correct, but the accuracy has not been confirmed and therefore is not guaranteed to be correct. Information is obtained from third party sources that may or may not be verified. The data in this report is unaudited and is only applicable for the date denoted on the report. Market values may change day-to-day based on numerous circumstances such as trading volume, news released about the underlying issuer, issuer performance, etc. Underlying market values may be priced via numerous aspects as certain securities are short term in nature and not readily traded. Performance results are shown net of all fees and expenses and reflect the reinvestment of dividends and other earnings.
Many factors affect performance including changes in market conditions and interest rates and in response to other economic, political, or financial developments. Investment involves risk including the possible loss of principal. No assurance can be given that the performance objectives of a given strategy will be achieved. Past performance is no guarantee of future results. Any financial and/or investment decision may incur losses.
The investment advisor providing these services is Public Trust Advisors, LLC, an investment adviser registered with the U.S. Securities and Exchange Commission (SEC) under the Investment Advisers Act of 1940, as amended. Registration with the SEC does not imply a certain level of skill or training. Public Trust is required to maintain a written disclosure brochure of our background and business experience. If you would like to receive a copy of our current disclosure brochure, Privacy Policy, or Code of Ethics, or have any questions regarding your account please contact us.
Public Trust Advisors
717 17th St. Suite 1850
Denver, CO 80202
> City of Beaumont
BALANCE TRANSACTIONS STATEMENTS USER PROFILE
Balance Summary as of 09/30/2023
Source
•
Balance
PENSION
TOTAL ALL SOURCES:
$2.450.928.19
$2,450,928.19
INVESTMENT STRATEGY
Your Plan's Investment Performance as of 09/30/2023
Annualized Return
Source Investment
Current Three One Three Five Ten
Month Months Year Years Years Years
Pension Highmark Plus
Moderate
-3.31% -2.96% 9.24%
Important Information:
Information as provided by US Bank Trustee for PARS. Investments are NOT insured by the FDIC or by any other Federal Government Agency. are NOT Bank deposits are NOT guaranteed by the Bank or any Bank affiliate and MAY lose value including possible loss of principal Past performance does not guarantee future results Account balances are inclusive of Trust Administration. Trustee and Investment Management fees if applicable
Performance returns may not reflect the deduction of applicable fees. which could reduce returns Annualized Return is the return on an investment over a period other than one year multiplied or divided to gyre a comparable one-year return. Information is deemed reliable but may be subject to change. The plan's Rate of Retum may differ from the rate of retum in the above linked document Reasons for the difference may include the timing of transactions into and out of the plan. the duration of time the plan's funds reside in the sweep account and differences in the methodology used to calculate performance.
REPORT
BEAUMONT
- C !� 1 1 0 R N A
Staff Report
TO: City Council
FROM: Robert Vestal, Interim Public Works Director
DATE November 7, 2023
SUBJECT: Improvement Agreement and Security
Description Improvement agreement and security for sewer improvements for 84 Lumber Storage Yard (Plot Plan 2022-0459).
Background and Analysis:
The City requires all developers to provide security for public improvements consisting of, but not limited to, sewer, street, storm drain, utility, and survey monuments per City of Beaumont Municipal Code 16.56.010.
Plot Plan 2022-0458 1 84 Lumber Company
On October 26, 2022, Planning Commission approved Plot Plan PP2022-0458 (Project). The proposed Project includes a 400 square foot modular office, three (3) storage sheds totaling 8,400 square feet, and 27,000 square feet of outdoor storage.
Refer to Figure 1- Vicinity Map for project location.
INTERSTATE 10
4TH ST.
4TH ST.
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3RD ST.
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3RD ST.
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SITE
1ST STREET
VICINITY MAP
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NORTH
1ST STREET
Figure 1- Vicinity Map
84 Lumber Company (Owner), is proposing to construct all street improvement work associated with the following improvements:
• Public Works file No. 2022-0948, as shown on City File No. 3480, under performance and payment bond No. 107921714
The Owner has provided a security agreement and security in the form of a bond for the public improvements. The agreement has been reviewed by staff and found to be consistent with the Beaumont Municipal Code. The following table is a summary of the security.
Table 1
Security #
Security Type
Type of
Improvement
Principal
107921714
Performance &
Payment Bond
Sewer
84 Lumber Company
City staff recommends that City Council accept the Security Agreement and securities listed in Table 1.
Fiscal Impact:
The cost of preparing the staff report is estimated to be $350. The developer maintains all associated improvements during construction and maintenance period. The City is not liable for public improvement maintenance until the public improvements are accepted into the City's publicly maintained system.
Recommended Action:
Accept Security Agreement and Performance and Payment Bonds for (Project / Bond number / Improvement):
• PP2022-0458/ 107921714 / Sewer
Attachments:
A. PW2022-0948 - Improvement Agreement Package
RECORDING REQUESTED BY:
CITY CLERK
WHEN RECORDED RETURN TO:
City Clerk
City of Beaumont
550 E 6th Street
Beaumont, CA 92223
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CITY OF BEAUMONT
OWNER IMPROVEMENT AGREEMENT
Plot Plan No. PP2022-0458
DATE OF AGREEMENT: 10/23/2023
NAME OF OWNER: Pierce Hardy Limited Partnership, a limited partnership (hereinafter referred to as "OWNER")
NAME/NUMBER OF PROJECT: Plot Plan 2022-0458 originally approved on 10/26/2022 ("Development")
PROPERTY SUBJECT TO AGREEMENT: The real property which is the subject of this Agreement is located in the City of Beaumont, County of Riverside and is described in Exhibit "A" attached hereto and incorporated herein (hereinafter the "Property").
EST. TOTAL COST OF
PUBLIC IMPROVEMENTS:
471,500.00
(see Exhibit "B")
EST. TOTAL COST OF
PRIVATE IMPROVEMENTS:
$ N/A
(see Exhibit "B")
BOND NUMBERS: 107921714
LETTER OF CREDIT NUMBERS:
N/A
FINANCIAL INSTITUTION:
EST. TOTAL COST OF
MONUMENTATION:
$ N/A
(see Exhibit "B")
N/A
Pagigg? 113pjep62
THIS OWNER IMPROVEMENT AGREEMENT ("Agreement") is made and entered into by and between the City of Beaumont, a California municipal corporation (hereinafter referred to as "City"), and Pierce Hardy Limited Partnership, a limited partnership, (hereinafter referred to as "Owner"). City and Owner are sometimes referred to hereinafter individually as a "Party", and collectively as the "Parties".
RECITALS
A. Owner is the owner of certain real property located in the City of Beaumont legally described on Exhibit "A" attached hereto and incorporated and made part of this Agreement by this reference (the "Property").
B. The conditions of approval of the above referenced Plot Plan and any related entitlements, which are hereby incorporated herein by this reference, require that prior to the issuance of building permits, the Owner and the City shall enter into this Owner Improvement Agreement, secured with sufficient security, as a guarantee of the construction and completion of all public and private improvements and land development work required by said conditions of approval and by the City laws and codes.
D. In consideration of the approval of a final map by the City Council, Owner desires to enter into this Agreement, whereby Owner promises to install and complete, at Owner's own expense, all the public improvement work required by City in connection with the proposed plot plan. Owner has secured this Agreement by improvement security required by applicable law.
E. Improvement Plans (the "Plans") for the construction, installation, and completion of the public and private improvements are being or have been prepared by Owner and will be subject to approval by the Director of Engineering/Public Works ("City Engineer"). The City has adopted standards (hereinafter "Standards") for the construction and installation of improvements within the City, and the Plans will be prepared in conformance with the Standards in effect on the date of the approval of the Application. The Plans will be on file in the Office of the City Engineer and are incorporated into this Agreement by this reference as if set forth fully herein. All references in this Agreement to the Plans shall be deemed to include reference to any specifications for all of the improvements as approved by the City Engineer.
F. An estimate of the cost for construction of the public and private improvements and performing the land development work according to the Plans has been made and approved by the City Engineer. The estimated cost of these improvements is set forth on Page One (1) of this Agreement, and the basis for the estimate is attached hereto as Exhibit "B" and incorporated and made part of this Agreement by this reference. The amounts of the Improvement Securities required to be posted with this Agreement are also based upon the estimate in Exhibit "B".
Pam(2i4bfc 662
G. For the purposes of this Agreement, the term "Public Improvements" means all those improvements within the Tract/Parcel intended for transfer or conveyance to the City or other public agency. The estimated cost of their construction is included in the above estimate included herein as Exhibit "B".
NOW, THEREFORE, in consideration of the issuance of the Final Tract map, Owner and City hereby agree as follows:
1. Owner's Obligation to Construct Improvements.
(a) In constructing and installing the improvements, Owner shall comply with all of the requirements and conditions of approval of in the Tentative Tract Map, related entitlements as well as the provisions of the Municipal Code and Subdivision Laws. (b) Owner shall complete, at its own expense, all the public and private improvements and related work on the Development, as required by the conditions of approval of the Tentative Map and related entitlements in conformance with the approved Plans and City Standards, including without limitation, those improvements set forth in Exhibit "B" (hereinafter collectively the "Improvements") within twenty-four (24) months of the date of this Agreement, unless a time extension is granted by the City as authorized by Section 20 of this Agreement.
(c) Intentionally removed.
(d) Owner shall furnish the necessary materials for completion of the Improvements in conformity with the Plans and City Standards.
(e) Owner shall acquire and dedicate, or pay the cost of acquisition by the City, of all rights -of -way, easements and other interests in real property required for construction or installation of the Improvements, free and clear of all liens and encumbrances. Owner's obligations relating to acquisition by City of off -site rights -of -way, easements and other interests in real property shall be subject to a separate agreement between Owner and City. Owner shall also be responsible for obtaining any public or private drainage easements or authorizations therefor to accommodate the Development. (f) Owner shall furnish and install all monuments, stakes and property corners on the lots and streets in the Property as specified on the final recorded tract maps for the Development in accordance with the provisions of the Subdivision Laws, and shall submit centerline tie sheets to City, within thirty (30) days after completion of the Improvements, or as specified in any separate monument agreement with the City, but in any event prior to their acceptance by the City.
Pa �lz s662
2. Improvement Securities.
(a) Owner agrees to secure this Agreement with good and sufficient improvement securities in a form approved by the City Attorney (referred collectively hereinafter as "Improvement Securities" and individually as "Improvement Security") to guarantee the construction and completion of all the improvements in the Development. All such improvement securities shall be posted with the City prior to the City's final building inspection and issuance of a Certificate of Occupancy for any single family dwelling constructed by Owner, its agents, assigns or contractors, on any lot within the Development, as described in Exhibit "A". Said securities are estimated at this time in Exhibit "B" to be in the following amounts, and shall be for the purposes described as follows:
(i) FOUR HUNDRED SEVENTY-ONE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($471,500.00) to ensure faithful performance of the construction and installation of the public and private Improvements required by this Agreement ("Performance Security"), which amount is 100% of the estimated cost of the Improvements as set forth in Exhibit "B"; and
(ii) FOUR HUNDRED SEVENTY-ONE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($471,500.00) to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100%) of the estimated cost of the Improvements; and
(iii) NINETEEN THOUSAND SIX HUNDRED SEVENTY AND 73/100 DOLLARS ($19,670.73) in the form of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of two (2) years following acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished ("Warranty Security"). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Security must be provided by Owner to City prior to the City's release of any bonds or Improvement Securities filed with this Agreement.
(iv) N/A and 00/100 Dollars ($X,XXX.XX) in the form of a cash deposit, which is 100% of the estimated cost of setting all final subdivision monuments, boundary corners, front and rear lot corners and centerline ties not previously set or submitted on the lots and streets within the Property as described in Exhibit "A", and for the preparation and recordation of any related Certificate of Correction, as required by Section 66469 of the State Subdivision Map Act. (b) The Improvement Securities required by this Agreement shall be kept on file with the City Clerk. If surety bonds are used, they must be issued by a surety company currently PaNi4646662
admitted to transact surety insurance business in California by the California Department of Insurance, with a Best's Insurance Guide rating of no less than A-. The terms of any documents evidencing such Improvement Securities as set forth in this Section 2 or referenced on Page One (1) of this Agreement, are incorporated into this Agreement by this reference as if set forth fully herein. If any Improvement Security is replaced by another type or kind of approved Improvement Security, subject to the approval of the form thereof by the City Attorney, the replacement shall be filed with City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a satisfactory replacement Improvement Security with the City Clerk, the former Improvement Security shall be released.
(c) Owner agrees to keep its Improvement Securities in full force and effect until they are reduced or released by City. If any Improvement Security provided by Owner is cancelled or terminated for any reason by the action of a surety, financial institution or other party, it shall be the responsibility of the Owner to promptly, upon written notice from City, provide a substitute Improvement Security which conforms to all the requirements of this Section 2 in the same amount or amounts.
(d) Any additions, changes, alterations, or modifications of this Agreement or to the Plans, Specifications and Improvements referred to herein, including any extension of time within which the work hereunder may be completed, shall not release or exonerate any surety or sureties on the Improvement Security given in connection with this Agreement except as otherwise may be mutually agreed upon by the City and Owner in writing.
3. Alterations to Improvement Plans; Modification of City Standards. (a) Any changes, alterations or additions to the Plans or to the Improvements, not exceeding 10% of the original estimated cost of the Improvements, which are mutually agreed upon by City and Owner, shall not require Owner to increase any Improvement Securities provided under this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the Improvements, Owner shall provide additional Performance Security as required by Section 2 of this Agreement for 100% of the total estimated cost of the Improvements as changed, altered, or amended, minus any completed partial releases allowed by Section 7 of this Agreement. Owner shall also provide additional Labor & Materials Security as required by Section 2 of this Agreement for 50 % of the total estimated cost of the Improvements as changed, altered, or amended.
(b) Owner shall construct all Improvements in a good and workman like manner and in accordance with the City Standards in effect as of the date of the Approval Action specified on Page One (1) hereof. The City reserves the right to modify the Standards applicable to the Subdivision and this Agreement, when necessary to protect the public safety or welfare or to comply with applicable State or Federal law or City zoning ordinances. If Owner requests and is granted an extension of time for completion of the Improvements, the City may apply the Standards in effect at the time the extension is granted. tZtelf6662
4. Modification of Drainage Plan. Owner agrees that if during the course of construction and installation of Improvements it shall be determined by the City Engineer that revision of the drainage plan is necessary in the public interest, it will undertake such design and construction changes as may be reasonable and as are indicated by the City Engineer and approved by City.
Said changes, if any, shall be confined to the Property
5. Reserved.
6. Inspections; Final Acceptance and Certification of Improvements. (a) Owner shall at all times maintain proper facilities and safe access for inspection of the Improvements by City inspectors and to the shops wherein any work is in preparation. (b) Upon completion of the Improvements covered in this Agreement, the Owner shall request a final inspection by the City Engineer or his/her authorized representative.
Following receipt of such request, the City Engineer shall inspect the Improvements, make certain determinations and take certain actions as follows:
(i) If the City Engineer, or his/her authorized representative, determines that the Public Improvements requiring acceptance by another public agency have been completed in accordance with this Agreement, then the City Engineer shall request said agency to make a final inspection of such improvements and certify to the City that such improvements have been completed and installed to the satisfaction of said agency. Upon receipt of such certification, the City Engineer may release or reduce the securities held for such improvements. Any certification and/or acceptance of the Public Improvements shall not constitute a waiver of any defects by City.
(ii) For Improvements not requiring dedication to or acceptance by the a public agency (the "Private Improvements"), the City Engineer or his/her authorized representative shall inspect such improvements, and/or shall have the discretion to accept a certification from Owner's registered civil engineer stating that the Private Improvements have been completed in accordance with the approved Plans, City Standards and plot plan. If the City Engineer, or his/her authorized representative, makes a finding, based on his/her own inspection (and/or any certification submitted by Owner's registered civil engineer) that the Private Improvements have been installed and constructed in accordance with the approved Plans, City Standards and the plot plan, the City Engineer shall recommend certification of the completion of the Private Improvements by placing an item on the next most convenient City Council agenda requesting certification and authorization to release the Improvement Securities. Said determination by the City Engineer and agendization of the certification and release shall not be unreasonably withheld or delayed. (c) Owner shall bear all costs of inspection and certification of the Improvements. �Qpje62
7. Release of Improvement Securities.
(a) The Performance Security shall be fully released only upon the final completion and certification of all Private Improvements and Public Improvements. Partial releases may be permitted subject to the provisions of Subsections (a)(i) and (a)(ii) hereof. Upon final completion of the Public and Private Improvements under this Agreement, and after City Council acceptance/certification, the City shall file a Notice of Completion in accordance with the California Civil Code.
(i) The City Engineer may release a portion of the Performance Security, as work on the Improvements progresses, upon written application thereof by the Owner; provided, however, that no such release shall be considered by City for an amount less the cost estimate of the remaining work does not exceed twenty percent (20%) or less of the estimate of the total amount of work to be done as shown in Exhibit "B". Upon approval of a partial release or the reduction of Performance Security, the City shall not reduce such Performance Security to an amount less than two hundred percent (200%) of the value of the work remaining to be done.
City and Owner agree that not more than two requests for reduction or partial release of Performance Security shall be considered between the start of construction and the completion and acceptance/certification of the Improvements by the City.
(ii) In no event shall the City Engineer authorize a release or reduction of the Performance Security which would reduce such security to an amount below that required to guarantee the completion of the Improvements and any other obligations imposed upon Owner by this Agreement.
(iii) No partial reduction or release of the Performance Security shall constitute or be construed as the City's acceptance or certification of any Improvements or related work. Such partial reductions or releases (if any) will merely reflect that a certain portion of the required work has been done.
(b) The Labor & Materials Security shall, ninety (90) days after the City's recordation of the Notice of Completion described in Subsection 7(a), be reduced to an amount equal to the total claimed by all claimants for whom liens have been filed and of which notice has been given to City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Labor & Materials Security and to cover related legal costs. The balance shall be released upon the settlement of all claims and obligations for which the Labor & Materials Security was given. If no claims or liens have been filed and no notice has been given to City within said ninety (90) day period, then the Labor & Materials Security shall be released in full. (c) The Warranty Security shall not be released until after the expiration of the one-year (1 -year) warranty period and until any claims filed during the warranty period have been Patna t9,11(062
settled. As provided in Section 11, below, the warranty period shall not commence until final acceptance/certification of the Improvements and related work by the City Council. (d) Intentionally removed.
(e) The City may retain from any Improvement Securities released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees.
8. Injury to Public Improvements, Public Property or Public Utilities Facilities. Owner shall replace or repair or cause the repair or replacement of any and all public or private improvements, public utilities facilities and survey or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Owner shall bear the entire cost of replacement or repairs of any and all public or private improvements or utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be made to the reasonable satisfaction, and subject to the approval of the City Engineer (which approval shall not be unreasonably withheld, conditioned or delayed) and the owner of any such public or private improvement.
9. Permits. Owner shall, at Owner's expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices and pay all fees and taxes required by law.
10. Notice of Breach/Default of Owner.
(a) Default of Owner shall include, but not be limited to: (1) Owner's failure to timely complete construction of the Improvements; (2) Owner's unwarranted failure to timely cure any defect in the Improvements; (3) Owner's failure to perform substantial construction work for a period of twenty (20) consecutive calendar days after commencement of the work; (4) Owner's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Owner fails to discharge within thirty (30) days; (5) the commencement of a foreclosure action against the Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; (6) Owner's failure to keep the Improvement Securities in full force and effect; (7) Owner's failure to notify the City of any sale, transfer or other disposition of the Property to a purported new Owner; (8) Owner's failure to maintain insurance; or (9) the failure of Owner or Owner's contractors, subcontractors, agents or employees to comply with any other terms and provisions of this Agreement.
(b) In the event of any such default, the City Engineer or the City Council may serve written notice to Owner specifying in reasonable detail the nature of the default. Owner shall have thirty (30) days from receipt of said notice to cure the default; provided that, if the default is not reasonably susceptible to being cured within said thirty (30) days, Owner shall have a reasonable period of time to cure the default so long as Owner commences P ja$Qiol€062
to cure the default within said thirty (30) days and diligently prosecutes the cure to completion.
(c) If following service of such written notice of default, Owner fails to cure or commence curing the default to the satisfaction of City within the cure period specified in Subsection 10(b), above, the City Engineer or the City Council may serve notice of Owner's default upon Owner and where applicable Owner's surety, or the holder(s) of any other Improvement Securities, in accordance with the notice provisions set forth in Section 22 of this Agreement.
(d) In the event of service of the notice of default specified in Subsection 10(c), above, Owner's surety shall have the duty to take over and complete the Improvements and related work required under this Agreement; provided; however, that if the surety, within thirty (30) days after the serving upon it of such notice of default, does not give the City written notice of its intention to take over the construction of said Improvements or does not, within thirty (30) days after giving City notice of such election, commence to complete the Improvements, City may take over the work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Owner, and Owner's surety shall be liable to City for any costs or damages occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Owner as may be on the site of the work and necessary for the completion of same.
(e) The City reserves to itself all remedies available to it at law or in equity for Owner's default under this Agreement beyond any applicable notice and cure periods. The City shall have the right, subject to this Section, to draw upon or utilize the appropriate Improvement Securities to mitigate City's damages in event of default by Owner. The right of City to draw upon or utilize the Improvement Securities is additional to and not in lieu of any other remedy available to City. It is specifically recognized that the estimated costs and amounts of Improvement Securities may not reflect the actual cost of construction or installation of the Improvements, and therefore, City's damages for Owner's default shall be measured by the actual cost of completing the required Improvements. The sums provided by the Improvement Securities may be used by City for the completion of the Improvements in accordance with the Plans.
(f) Failure of Owner to comply with the terms of this Agreement, including but not limited to, construction of all the Improvements as set forth herein and as required by the Tentative Map, shall constitute Owner's consent to: (1) the filing by City beyond any applicable notice and cure periods of a notice of violation against all of the lots in the Subdivision; (2) withholding of Building permits, utility connections and/or Certificates of Occupancy. The remedies provided by this Subsection (f) are in addition to and not in lieu of any other remedies available to City at law or in equity. Owner agrees that the choice of remedy or PaBsgih oc 62
remedies for Owner's default or breach beyond any applicable notice and cure periods shall be in the sole discretion of City.
(g) In the event that Owner fails to perform any obligation hereunder beyond any applicable notice and cure periods, Owner agrees to pay all costs and expenses incurred by City in securing performances of such obligations, including costs of suit and reasonable attorney's fees.
(h) The failure of City to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach, or of any subsequent default or breach of Owner. Any failure by the City to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision(s) and further shall not act to release any surety from its obligations under this Agreement.
11. Warranty.
(a) For a period of one (1) year after final acceptance/certification by the City Council of the Improvements, Owner shall guarantee or warranty all the Improvements against any defective work or labor done or defective materials furnished. If within the warranty period any work relating to the Improvements or any part of thereof furnished, installed, constructed or caused to be done, furnished, installed or constructed by Owner fails to fulfill any of the requirements of this Agreement or the Plans, Owner shall without unreasonable delay and without any cost to City, commence to repair or replace or reconstruct any defective or otherwise reasonably unsatisfactory part or parts of the work or structure within thirty (30) days of receiving written notice from City of the defect and diligently prosecute the repair or replacement work to completion.
(b) Should Owner fail to act promptly or in accordance with the repair/replacement requirements set forth herein, Owner hereby authorizes City, at City's option, to perform the repair/replacement work twenty (20) days after mailing written notice to Owner and to Owner's surety, and Owner agrees to pay City for the cost of such work. (c) Should the City determine that an emergency or an imminent threat to the public safety and welfare exists from the condition of the Improvements which require repairs, replacements or remedial measures to be made before Owner can be notified, City may, in its sole discretion, make the necessary repairs or replacements or perform the necessary work and Owner shall pay to City the cost of such repairs.
12. Owner Not Agent of City. Neither Owner nor any of Owner's agents, officers, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Owner's obligations under this Agreement.
13. Injury to Improvement Work; Risk of Loss. Until such time as the Public Improvements are accepted by City, Owner shall be responsible for and bear the risk of loss to any of the Public
Improvements constructed or installed and shall be responsible for the care, maintenance of and any damage to such Public Improvements. Neither City, nor any of its agents, officers or employees shall be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the Public Improvements specified in this Agreement prior to the completion and acceptance of the Public Improvements by City, except to the extent caused by the negligence or willful misconduct of City, its agents, contractors and employees. All such risks shall be the responsibility of and are hereby assumed by Owner, except to the extent caused by the negligence or willful misconduct of City, its agents, contractors and employees. Owner is responsible for and shall bear the risk of loss for all Private Improvements at all times, except to the extent any such loss is caused by the negligence of willful misconduct of the City, its agents contractors and employees.
14. Other Agreements. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the Parties, or from entering into agreements with other Owners for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of City ordinances providing therefor, nor shall anything in this Agreement commit to any such apportionment.
15. Owner's Obligation to Warn Public During Construction. Until final acceptance/certification of the Public Improvements pursuant to Section 6(b)(i), and final certification of construction of the Private Improvements pursuant to Section 6(b)(ii), Owner shall give reasonable, good and adequate warning to the public of each and every dangerous condition existent in said Improvements and will take all reasonable actions to protect the public from such dangerous conditions in, on or around the work site.
16. Vesting of Ownership. Upon acceptance of the Public Improvements and related work on behalf of the City, and after recordation of the Notice of Completion, ownership of the Public Improvements constructed within the Private streets in the Development shall vest in the name of the City, or applicable government agency or utility company, and any improvement constructed on any public street pursuant to this Agreement shall vest in City.
17. Indemnity/Hold Harmless.
(a) Neither the City, nor any official, officer, employee, contractor or agent thereof, shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Owner, its agents, subcontractors or employees in the performance of this Agreement.
Owner hereby agrees to, and shall defend and hold harmless City, its elective and appointive boards, commissions and officers, and its agents, contractors and employees from and against any and all third party claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees, consultant's fees, expert's fees, losses or liability, in law or in equity, of every kind and nature whatsoever to the extent arising out of or in connection with Owner's operations, or any subcontractor's operations, to be performed under this Agreement for Owner's or subcontractor's tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or Pwgii4Eff3dlit§62
damage to property of anyone caused by any act or omission of Owner or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by law, with the exception of the negligence or willful misconduct of City, its agents, contractors and employees.
(b) Owner's indemnity, defense and hold harmless obligations under this Section 17 are not conditioned or dependent upon whether City, or its elective and appointive boards, commissions and officers, or its agents, contractors and employees, prepared, supplied or reviewed any Plans or related specifications in connection with the Improvements, or whether City or Owner has insurance or other indemnification covering any of these matters.
(c) Owner's obligation to indemnify, hold harmless and defend City shall extend to injuries to persons and damages to or alleged taking of property resulting from Owner's design or construction of the Improvements. City's acceptance and/or certification of the Improvements shall not constitute an assumption by City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Improvements constructed or installed pursuant to the Plans, unless the particular Improvement design was required by City over the written objection of Owner, which objection stated that the Improvement design was potentially dangerous or defective and set forth a safe and feasible alternative design. After City's acceptance/certification of the Improvements, Owner shall remain obligated to correct or eliminate all dangerous conditions caused by defects in Owner's design or construction; provided, however, that the Owner shall not be responsible for routine maintenance. Owner acknowledges and agrees that Owner shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and except as may be provided above, City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Plans, or in inspecting, reviewing or approving any work or construction of Improvements. Owner's Improvement Securities shall not be required to secure Owner's obligations under this Section 17.
18. Sale or Disposition of Property; Assignment.
(a) Owner acknowledges and agrees that sale, transfer or other disposition of the Property prior to completion of the Improvements required hereunder will not relieve Owner from the obligations set forth in this Agreement, and Owner shall be required to notify City sixty (60) days in advance of any sale or transfer of ownership of the Property or any proposed assignment of this Agreement. If Owner sells or otherwise transfers the Property to any other person or entity prior to final completion of the Improvements, or wishes to assign this Agreement, Owner may request a novation of this Agreement and a substitution of Improvement Securities by the new owner or proposed assignee (hereinafter collectively for purposes of this Section, "Successor"). Owner shall be required to provide any P ge 21cot@62
documentation reasonably required by City to determine the appropriateness of any proposed Successor.
(b) Any proposed Successor must demonstrate to the City its ability to perform and complete the obligations of Owner under this Agreement, as determined by objective standards of financial capability, creditworthiness and experience required for such performance, and the City shall have the right to compel the Successor to disclose all documents, information and other material which, in City's sole reasonable discretion, may establish or tend to establish that the proposed Successor meets the standards specified herein. Following approval by City and full execution of a novation (or other such release or assignment and assumption agreement(s) entered into by Owner, Successor and City), posting of satisfactory Improvement Securities and submission of required insurance by Successor, City shall release or reduce the securities posted by Owner in accordance with the provisions of such novation and release Owner of its obligations under this Agreement.
Nothing in the novation (or other such release or assignment and assumption agreement entered into by Owner, Successor and City) shall relieve Owner of its obligations under any other Section of this Agreement for work or Improvements performed by Owner prior to the novation.
19. Time of the Essence. Time is of the essence in this Agreement.
20. Time for Completion of Improvements; Extensions.
(a) Owner shall commence and diligently prosecute to completion construction of all the Improvements required by this Agreement. The time for completion of the Improvements as specified in Subsection 1(b) of this Agreement may be extended as permitted by City ordinance. The City Manager may grant an extension of time for such period as may be in the public interest upon the showing of the Owner of good cause. Any such extension granted shall be subject to the limitations and conditions set forth in Subsections 20(b) and (c), below, and shall be made by a writing executed by the in a form as approved by the City Attorney.
(b) Any such extension may be granted without notice to Owner's surety and shall not affect the validity of this Agreement or release the surety or sureties on any Improvement Securities given for this Agreement. However, City reserves the right to require as part of any extension amendment a written assurance from the surety acceptable to the City Attorney that the Improvement Securities required by Section 2 of this Agreement shall remain enforceable throughout the term of any extension. (c) The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Owner to an extension. In addition, the time for completion of the Improvements shall be extended for any delay resulting from an act or omission of City, its agents , contractors or employees, or from an act of God, which Owner could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which
prevent the conducting of work, and which were not caused by or contributed to by Owner, or by any other cause not reasonably within the control of Owner provided that Owner provides City with written notice of the delaying event within fifteen (15) days of the commencement of the delay. In the event of such delaying event, Owner shall use all reasonable efforts to remedy same and resume completion of the Improvements as promptly as practicable.
(d) As a condition of granting an extension of time to complete the Improvements required by this Agreement, the City Manager may require Owner to furnish new or additional Improvement Securities guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as reasonably determined by the City Engineer.
21. Notice. All notices required by or provided for under this Agreement shall be in writing and delivered in person or sent by certified or registered mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with City:
Notice to City.
With a Copy to:
Notice to Owner
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
Attn: City Manager
John Pinkney, Esq.
SBEMP
1800 East Tahquitz Canyon Way
Palm Springs, CA 92262
Pierce Hardy Limited Partnership
1019 Route 519
Eighty Four, PA 15330
22. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified in writing by the mutual consent of the Parties.
23. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement.
P � pie62
24. Insurance.
(a) Owner shall, at all times during the construction of the Improvements, obtain, carry, maintain, and keep in full force and effect, at its sole cost and expense, policies of insurance of the types and in at least the minimum amounts described below:
(i) Commercial General Liability policy with a minimum combined single limit of One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, personal injury and property damage arising out of or in connection with the activities of the Owner and its contractors and subcontractors in performance of the work under this Agreement.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) and shall, in addition to the other coverages specified in this subsection, include coverage for independent contractors, ongoing operations, products and completed operations, contractual liability and personal and advertising injury.
(ii) Commercial Vehicle/Automotive Liability policy covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Owner, its officers, agents, employees, subcontractors or independent contractors in performing the work required by this Agreement.
(iii) Workers' Compensation and Employer's Liability policy for all Owner's employees, with Workers' Compensation limits as required by State law and Employer's Liability coverage of $1,000,000 per accident for bodily injury or disease.
In case any work is sublet, Owner shall require any contractor or subcontractor similarly to provide Workers' Compensation and Employer's Liability Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Owner.
(1) In case any class of employees engaged in work under this Agreement at the work site(s) is not protected under any Workers' Compensation law, Owner shall provide and shall cause each contractor or subcontractor to provide, adequate insurance for the protection of employees not otherwise protected.
(2) Owner hereby indemnifies City for any damages or claims resulting from failure of either Owner or any contractor of subcontractor to take out or maintain such liability or Workers' Compensation insurance. (b) Insurer Rating: Acceptability. Except as set forth otherwise herein, the policies required by this Section shall be issued by a California -admitted insurer with a rating of at least an A-; VII in the latest edition of Best's Insurance Guide. A Commercial General Liability policy issued by an insurer that is on the California Department of Insurance's List
of Approved Surplus Line Insurers ("LASLI") will be acceptable, if no coverage from an admitted insurer can be obtained by Owner, and further provided that such insurer maintains a Best's rating of at least "A-; X" and remains on the LASLI during the term hereof. Workers' Compensation coverage issued by the State Compensation Insurance Fund shall be acceptable if no other coverage can be obtained by Owner, and further provided such insurer remains admitted in California and is otherwise financially acceptable to City.
(c) Deductibles. Any deductibles or self -insured retentions must be declared in writing by Owner to City and subsequently approved by City prior to its execution of this Agreement and prior to commencement of any work hereunder. At City's option, Owner shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Owner shall procure a bond guaranteeing payment of losses and expenses. (d) Certificates and Endorsements Verification. Owner shall submit to the City original certificates of insurance and endorsements evidencing the coverages required by this Section. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies at any time and/or to require Owner to provide reports or status updates to evidence compliance of its contractors and subcontractors with the provisions of this Section. (e) Required Endorsements.
(i) The Commercial General Liability and Commercial Vehicle/Automotive Liability policies are to contain or be endorsed to contain the following provisions:
(1) Additional Insureds. The City of Beaumont, its officials, officers, employees, agents and independent contractors shall be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Owner; and with respect to liability arising out of work or operations performed by or on behalf of the Owner including materials, parts or equipment furnished in connection with such work or operations.
(2) Primary Insurance. For any claims related to this project, the Owner's insurance coverage shall be primary insurance as respects the City of Beaumont, its officials, officers, employees, agents and independent contractors. Any insurance or self-insurance maintained by the City of Beaumont, its officials, officers, employees, agents and independent contractors shall be excess of the Owner's insurance and shall not contribute with it. This endorsement is not applicable to the Commercial Vehicle/Automotive Liability Policy
Pft§Eng3cgit§62
(3) Waiver of Subrogation. Endorsements waiving all rights of subrogation against the City of Beaumont, its officials, officers, employees, agents and independent contractors shall be provided.
(ii) The Workers' Compensation policy shall be endorsed to waive all rights of subrogation against the City of Beaumont, its officials, officers, employees, agents and independent contractors.
(f) Other Insurance Requirements. All policies required under this Agreement shall contain provisions stating that such policies cannot be canceled or reduced except on at least thirty (30) days prior written notice to Owner (ten (10) days' notice for cancellation due to non-payment). Owner further agrees to: (1) provide to City copies of any notices relating to cancellation or reduction of insurance within two (2) days of receipt; and (2) cause all certificates of insurance to include language indicating that the issuers or producers of such policies will endeavor to provide copies of any such notices directly to City.
(g) Commencement of Work. Owner shall not commence work under this Agreement until Owner has obtained all insurance required pursuant to this Section, and such insurance has been obtained by Owner and approved by City; nor shall Owner allow any contractor or subcontractor to commence work on the Improvements until all similar insurance required of the contractor or subcontractor has been obtained. Certificates, endorsements, and where applicable, full copies of policies shall be maintained on file with the City Clerk.
(h) Higher Limits. If Owner maintains higher limits than the minimums specified in this Section 25, the City requires and shall be entitled to coverage for the higher limits maintained by Owner. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
25. Attorneys' Fees. In the event any action at law or in equity is brought to enforce the terms of this Agreement, the prevailing Party shall be entitled to litigation costs and reasonable attorneys' fees.
26. Incorporation of Recitals. The Recitals to this Agreement are hereby incorporated into in the terms of this Agreement.
27. Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the Parties.
28. Governing Law; Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. In the event that suit shall be brought by either pmtgu mff62
Party to this contract, the Parties agree that venue shall be exclusively vested in the State courts of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California.
29. Runs with the Land; Recordation.
(a) The Parties agree that the terms and provisions set forth in this Agreement shall be deemed provisions, terms and/or covenants running with the Property in accordance with applicable law, including without limitation, California Civil Code section 1468, and shall pass to and be binding upon the heirs, successors and assigns of the Parties to this Agreement, and on any successor owner of the Property.
(b) The provisions of Subsection 29(a) notwithstanding, Owner shall remain jointly and severally liable with its heirs, successors, assigns or successor owners of the Property for the responsibilities and liabilities imposed by this Agreement unless a novation or assignment agreement is executed in accordance with the provisions of Section 18 of this Agreement.
(c) Upon execution, this Agreement shall be recorded in the Official Records of Riverside County, and by such recordation, it is the intention of the Parties to give notice to and bind their successors, heirs and assigns hereto.
30. Authority of Executing Parties. Each person executing this Agreement on behalf of a Party represents and warrants that such person is duly and validly authorized to do so all behalf of the entity it purports to bind and that he/she is authorized to enter into contracts on behalf of Owner. The undersigned, on behalf of Owner, binds Owner, its partners, successors, executors, administrators, and assigns with respect to the terms and provisions of this Agreement.
Signature Page Follows
IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto on the date above first written.
Owner:
Pierce Hardy Limited Partnership
By: Be iany L. Cy er
Title: Assistant Vice resident
City:
CITY OF BEAUMONT,
a Municipal Corporation
By:
Title:
By:
Title: City Manager
ATTEST
By:
Title: City Clerk
APPROVED AS TO FORM:
By: John Pinkney
Title: City Attorney
APPROVED AS TO CONTENT:
By: Jeff Hart
Title: Director of Engineering/Public Works
Pal 231 alf2662
Attachments: Exhibit A Legal description of Property
Exhibit B Cost estimate(s)
(Proper Notarization of Owner's Signature is required and shall be attached) P e2 cliDtei62
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy or validity of that document.
Commonwealth of Pennsylvania
County of Washington
On (Y'- &bip 02()23 , before me 1(t W i ��� �� 1 J49 VCS v-‘i h C , personally appeared BETHANY L. CYPHER, Assistant Vice President, Pierce Hardy Limited Partnership, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his /her/their signature(s) on the instrument, the person(s), or the entity on behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the Commonwealth of Pennsylvania that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
eimiatzci D-eltet-
(Seal)
Commonwealth of Pennsylvania - Notary Seal
Tamara R. DeMarino, Notary Public
Washington County
My commission expires November 3, 2026
Commission number 1225445
Member, Pennsylvania Association of Notaries
P jt211$ efF2t62
PW #: PW2022-0948
File#: 38180
PERFORMANCE BOND 107921714
WHEREAS, the City of Beaumont, State of California, and 84 Lumber Company 1019 Route 519 Eighty Four, PA 15330 (hereinafter designated as "Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated September 27 , 20 23, whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No. 2022-0458 which is hereby incorporated herein and made a part hereof; and WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and Travelers Casualty and Surety Company of America, as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of Four Hndred Seventy One Thousand Five Hundred dollars ($ 471,500.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
[signatures on following page]
C.Cs rr1H'Lc>/Z W ea. LU. b--
Pw-165.(�
Caun+•f e Wa.
IN WITNESS WHEREOF, this instrument has been duly execute • y le Principal and Surety abovenamed, on the 6th of October, 20 23 .
Commonwealth of Pennsylvania - Notary Seal
MargaretA. Mehalik, Notary Public
Washington County
My commission expires Nov o.2025
Commission number i280415
Member, Pennsylvania Association of Notaries
Travelers Casualty and Surety Company of America
it RITY
By:
yre.
Name: Richard A Young Jr
Title: Attorney -In-Fact
By:
Commonwealth of Pennsylvania - Notary Seal
Aislynn Flament, Notary Public
Washington County
My commission expires May 12, 2027
Comrhh'gtdr) number 1434956
Member, Pennsylvania Association of Notaries
84 Lumber Company
PRINCIPAL
Name
LL
J
Title:lJ.� , RCP ±C.t+f' 'i- beodcRAmA-
Address: 10 Sentry Parkway Suite 300 By:
Blue Bell, PA 19422 Name:
Title:
Commonwealth of Pennsylvania
County of G(J mil,,,, --fen
Address: I O 1 CA ) , Cj (C1
ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC
TRAVELERS J
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint RICHARD A YOUNG JR of EIGHTY FOUR , Pennsylvania , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their. buginess of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021.
State of Connecticut
By:
City of Hartford ss.
Robert L. Raney,'Senior Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2026
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this 6th day of October , 2023 .
Kevin E. Hughes, Assistant Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.
Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached.
PAYMENT BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and 84 Lumber Company (hereafter designated as "the Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated September 27 , 20 23 whereby Principal agrees to install and complete certain designated public improvements which is hereby incorporated herein and made a part hereof; and WHEREAS, under the terms of the said agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code of the State of California.
NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to at Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code in the sum of Four Hundred Seventy One Thousand Five Hundred dollars ($471,500), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
[signatures on following page]
Cbmmbylu) W-tq, 6 -
nSylveO.n iCA-
CC,L)n4-y ni 4 07-1
INWITNESS WHEREOF, this instrument has
Surety above named, on the 6th of October , 20 23 .
Commonwealth of Pennsylvania - Notary Seal
MargaretA. Mehalik, Notary Public
Washington County
My commission expires Np em er 20.2025
Commission riumbbn#841415
Member, Pennsylvania Association of Notaries
Travelers Casualty and Surety Company of America
St RI :"I Y
Name: Richard A, Young, Jr
By.
been duly executed by the Principal and
Commonwealth of Pennsylvania - Notary Seal
Aislynn Flament, Notary Public
Washington County
My commission expires May 12, 2027
Comm[ siion number 1434956
Member, Pegn1c4 la Association of Notaries
84 Lumber Company
PRINCIPAL
Name%Ih
L
Title: Attorney- In -Fact
Address: 10 Sentry Parkway Suite 300 By:
Blue Bell. PA 19422 Name:
Title:
Commonwealth of Pennsylvania
County of WA -skid -inn
n
Title P , \R
Address: k() ‘C4 VC)
Excp- Too( �� t533o
ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC
TRAVELERS
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint RICHARD A YOUNG JR of EIGHTY FOUR , Pennsylvania , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021.
State of Connecticut
By:
City of Hartford ss.
Robert L. Rane enior Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2026
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this 6th day of October
.00),/
, 2023 .
Kevin E. Hughes, Assistant Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.
Please refer to the above -named Attorneys) -in -Fact and the details of the bond to which this Power of Attorney is attached.
PIERCE HARDY LIMITED .PARTNERSHIP
Unanimous Written Consent of the General. Partner
in Lieu of an Annual Meeting
�� � i Si
, 20 al
The undersigned, being the sole general partner the. "General Partner") of Pierce. Hardy Limited Partnership ,. a Pennsylvania limited partnership (the "Partnership"), does hereby consent in writing; pursuant to all applicable provisions of the Pennsylvania Uniforni Limited Partnership Act of 2016;_ :as amended, and. the Amended and Restated Agreement of Limited. Partnership dated.
January .1, 201 6,, as.atnended, to the adoption of the following, resolutions and to the Partnership actions hereinafter set forth and direct thatthey shall,. in all respects; be deemed as valid .Partnership actions as though such actions and resolutions had been duly approved and authorized at an annual meeting of the.:General Partner of the Partnership, held as of the date above.: set forth:
1. Election of Officers
RESOLVED, that the following persons •are hereby unanimously elected to serve in the respective offices set forth besidetheirnarne until the .next annual. meeting .of the General Partner and until their successors) are duly elected:and qualified:
Margaret Hardy Knox
Frank Cicero
Paul. J. Lentz
Bethany L. Cypher
Jim Zaunick
Ed Baer
- President
- Chief Operating. Officer
— Assistant Vice President
— Assistant Vice President
Vice President
- Assistant Vice. President
2. Ratification of Actions
RESOLVED; that all other actions of the`officers of the Partnership taken by such persons on behalf of the Partnership. since the last annual meeting of the General Partner be; aridherebyare, ratified and approved as:valid Partnership actions.
The undersigned directs that this. written consent shall, in all .respects, be deemed to be in lieu of an annual meeting of the -General Partner of the Partnership; and. all notice requirements iu connection herewith; whether by'statute or.otherwise, hereby are waived. {O12#5450:1 1
9/29/23
9/29/23
10/04/2023
9/29/23
9/29/23
10/04/2023
9/29/23
9/29/23
10/04/2023
Staff Report
TO: City Council
FROM: Robert Vestal, Interim Public Works Director
DATE November 7, 2023
SUBJECT: Performance Bond Exoneration
Description Performance bond exoneration for survey monuments associated with Parcel Map No. 37938.
Background and Analysis:
The City requires all developers to provide construction security for public improvements consisting of, but not limited to, street improvements, sewer improvements, storm drain improvements, and survey monumentation. After the improvements are constructed, City staff verifies that no liens have been filed, that the improvements are completed in accordance with the project’s conditions of approval, design standards, and City requirements, and that all punch list items have been addressed. Once verified, City Council may exonerate the construction security and accept a one-year maintenance security.
Survey monumentation does not require any maintenance period. The principal is requesting that the performance listed in Table No. 1 be exonerated. City staff has verified that the survey monuments were set in accordance with the project’s conditions of approval, design standards, and City requirements.
Table No. 1 – Bond Summary
Project Performance
Bond Number
Improveme
nt
Principal
Parcel Map
No. 37938
LICX1209830 Monuments Evergreen-8th &
Highland
Springs, LLC
Therefore, City staff recommends that City Council authorize City staff to issue a bond exoneration letter for the performance bond.
Fiscal Impact:
The cost of preparing the staff report is estimated to be $350. There is no associated maintenance cost for survey monuments.
Recommended Action:
Authorize City staff to issue a Bond Exoneration Letter for Performance and Payment Bonds and Accept Maintenance Bonds for (Project / Bond Number / Improvement):
• Parcel Map No. 37938/ LICX1209830 / Survey monuments
Attachments:
A. PW2023-1070 - PM 37938 Dutch Bros_7-Eleven Monument Bond LICX1209830 Exoneration Packet
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
(951)769-8520
www.beaumontca.gov
BOND EXONERATION APPLICATION
Bond Type: Performance Maintenance Final Monument Inspection Other:________
1. Contact’s Name ________________________________________Phone___________
2. Contact’s Address _______________________________________________________ City/State/Zip
5.Contact’s E-mail_________________________________________________________
3. Developer Name ______________________________________Phone____________ (If corporation or partnership application must include names of principal officers or partners)
4. Developer Address _____________________________________________________
5. 6.CERTIFICATION OF ACCURACY AND COMPLETENESS: I hereby certify that to the best of my knowledge the information in this application and all attached answers and exhibits are true, complete, and correct.
________________________________________________________________________ Print Name and Sign – Contact/Applicant Date
7. Contractor shall indemnify, defend, and hold harmless the City and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor’s performance of work hereunder or its failure to comply with any of its obligations for which this Bond exoneration is requested, except for such loss or damage which was caused by the active negligence of the City. ________________________________________________________________________ Print Name and Sign – Contact/Applicant Date
Case No. ________________
Receipt No. ______________
Fee $____________________
Date Paid ________________
8 KAYTLIN FOX 602-567-7172
2390 E. CAMELBACK ROAD, SUITE 410, PHOENIX, AZ 85016
[email protected]
EVERGREEN-8TH & HIGHLAND SPRINGS, L.L.C.602-808-8600
2390 E. CAMELBACK ROAD, SUITE 410, PHOENIX, AZ 85016
City/St/Zip
Description of Bonds (including Bond Number, Tract Map/Application number, Lot number, and description of improvements covered):
__________________Performance Bond for______________________________________________________Parcel Map 37938 - LICX1209830 __________________
_______________________________________________________________________ 09/26/2023
09/26/2023
PW2023-1070
3,915.00
R01354803
10/4/2023
8. Developer/Contractor has completed all the following items prior to requesting release or has included them in the application.
Remove and replace concrete and AC as needed where lifting. Provide AC crack fill as needed. Crack fill/seal shall be hot asphaltic emulsion. Provide Type II slurry coat for all road surfaces.
Restore/Verify pavement striping/markings.
Restore/Verify blue dots and signage as needed.
Clean and camera sewer. Provide report and video copy of camera survey. Provide all final geotechnical reports.
Provide Engineers’ certification for line and grade within Right-of-Way. Provide Landscape Architects Certification as required. ________________________________________________________________________ Print Name and Sign – Contact/Applicant Date
09/26/2023
kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619 234 9411
September 28, 2023
City of Beaumont Public Works Department
Attn: Robert Vestal
550 E. 6th Street
Beaumont, CA 92223
RE: Monument Inspection of Parcel Map No. 37938
Robert:
On behalf of the land surveyor of record for the Parcel Map as referenced, this letter is to confirm that the subdivision monumentation has been set in the positions shown on said Parcel Map. We request that you commence your field inspection at this time in an effort to complete the as-built drawings.
Payment for the setting of these monuments have been received, in accordance with Section 66497 of the Subdivision Map Act.
Should you have any comments or questions, please contact me at (619) 728-4726.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Attachments: Parcel Map No. 37938
Instrument No. 2023-0207236
Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE October 17, 2023
SUBJECT: Consideration of a Resolution Waiving the Major Special Event Application Deposit for the Sundance Community Association Halloween Event
Description Strategic Plan Target #5 – Quality of Life/Well-Being, Priority Level 2, Goal #5 Increase community events, arts and culture.
Background and Analysis:
On October 6, 2023, First Service Residential, the Sundance Community Association, submitted a request for consideration of waiving the special event application deposit for their annual Halloween event, to be held at Mountain View Park on October 29, 2023, from 4pm – 7pm.
The annual Halloween event is an annual event which is free for the residents in the Sundance Community, but not open to the general public. Approximately 1,000 residents attend the event which includes a trunk-or-treat, haunted house, maze, funhouse and other activities for the residents to enjoy.
In March 2023, City Council adopted Resolution No. 2023-03, which established user fees for certain specified services. The new fee schedule went into effect on July 1 st and included the category of Special Event – Major, which has a deposit-based fee of $5,000 to be applied to fully allocated hourly rates of staff and any outside costs.
This event occurs annually and did not require any road closures or other staff assistance. Review and processing of this application was approximately $750.00 in staff time.
Fiscal Impact:
The cost to prepare this staff report is approximately $100. The total fiscal impact is anticipated to be approximately $850.
Recommended Action:
Waive the full reading and adopt by title only “A Resolution of the City Council of the City of Beaumont California Authorizing the Waiver of the Major Special Event Permit Application deposit for the Sundance Community Association Halloween Event.” Attachments:
A. Resolution
B. Special event Application
C. Fee Waiver Request
1 RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY OF BEAUMONT
AUTHORIZING THE WAIVER OF THE MAJOR SPECIAL EVENT
PERMIT APPLICATION DEPOSIT
FOR THE ANNUAL SUNDANCE COMMUNITY ASSOCIATION
HALLOWEEN EVENT
WHEREAS, Sundance Community Association hosts an annual Halloween community event each year in October at Mountain View Park; and
WHEREAS, Sundance Community Association collaborates with the City of Beaumont in helping to improve the quality of life for its residents by hosting many community events throughout the year; and
WHEREAS, Sundance Community Association wishes to continue the path of cooperation and alliance with the City of Beaumont and has requested a fee waiver for the major special event permit application deposit; and
WHEREAS, the City Council desires to waive the major special event permit application deposit for the Sundance Community Association as it serves a public interest.
NOW, THEREFORE, BE IT RESOLVED, that the City of Beaumont does authorize a fee waiver of the major special event permit application deposit for the Sundance Community Association annual Halloween event to be held October 29, 2023, and finds that the fee waiver serves a valid public purpose in that the fee waiver will support the betterment of residents and youth within the Beaumont community.
MOVED, PASSED AND ADOPTED this 17th day of October, 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
By: ____ __________ Julio Martinez III, Mayor, City of Beaumont
2 ATTEST:
Nicole Wheelwright
DEPUTY CITY CLERK
By: _____________
Professionally Managed By: Professional Community Management (PCM) 11860 Pierce Street, Suite 100 • Riverside, CA 92505 • 951.359.2840
“Halloween Event”
Mountain View Park
October 29, 2023
4:00 pm – 7:00 pm
Sundance Community Association is hosting a “Halloween Event” for residents on Sunday, October 29th at Mountain View Park. The volunteering residents that have their vehicles decorated will be set up around the park perimeter/vehicles facing away from the park ready to pass out candy to the Trick or Treaters.
Also, we will have a haunted house interactive, funhouse maze, and dino maze for the younger kids. Express Events will be handling this portion of the event.
The set up will begin at 3:00 PM. The event area final clean-up will be done with all trash disposed of by 8:00 PM.
Disposable trash containers are requested to be provided by the city as was done in prior years, which have proven to be very helpful to keep the park clean and make clean-up efforts easier.
Barricades will be set up closing of the park circle and vehicles from entering by 3:30PM.
Portable bathrooms will be available during the event.
If you have any questions or require further information, please contact me at (951) 750- 8489 or via email at [email protected].
Sincerely,
Joy Marino, BS, CMCA®,m AMS
General Manager
Sundance Community Association
Staff Report
TO: City Council
FROM: Doug Story, Community Services Director
DATE November 7, 2023
SUBJECT: Adoption of Parks and Recreation Committee Policies and Procedures
Description Adoption of policies and procedures for the creation of a Parks and Recreation Committee.
Background and Analysis:
On October 17, 2023, City Council at its regular meeting gave direction to staff to move forward with the creation of a Parks and Recreation Committee with minor changes to the draft policies and procedures document presented. Such changes have been made and are being presented for formal adoption.
Notice for the initial appointment to the committee with information on how to apply is included in the City Clerk item on this agenda. Appointment to this committee will be part of the annual appointment process for all City boards and committees scheduled in December.
Fiscal Impact:
The estimated cost to prepare this report is 85.00.
Recommended Action:
Adopt the Parks and Recreation Committee Policies and Procedures as presented.
Attachments:
A. Parks and Recreation Committee Policies and Procedures
PARKS AND RECREATION COMMITTEE
Policies and Procedures
Section 1. Creation of Committee.
The City Council on October 17, 2023, 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 (during the months of September – June).
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 quarterly 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.
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.
Staff Report
TO: City Council
FROM: Christina Taylor
DATE November 7, 2023
SUBJECT: Report out on CalCities Annual Conference 2023
Description Report of activities from attendance at the CalCities Annual Conference in Sacramento, September 20-22, 2023.
Background and Analysis:
From September 20, 2023 through September 22, 2023, Mayor Martinez, Council Members White, Lara and Fenn, City Manager Gibbs and Deputy City Manager Taylor attended the CalCities Annual Conference in Sacramento. The information below is a summary of activities and meetings:
Wednesday, September 20th:
Arrived in Sacramento
City Manager Gibbs attended the City Managers Department meeting Council and staff attended Riverside County Division General Membership meeting sessions attended by Council and staff including the opening general session and sessions related to homelessness, police accountability and fees.
Thursday, September 21st:
Sessions were attended throughout the day between 8:30am and 5:15pm. Courses attended by staff and Council included topics covering, mental health and homelessness, housing laws, establishing effective relationships, Surplus Land Act, and housing accountability. The Mayor and Council Members also attended the Mayor and Council Member Department meeting.
Friday, September 22nd:
Breakfast meeting and return to Beaumont
All of the resources and materials from the sessions continue to be available to staff and Council as part of the conference registration.
Fiscal Impact:
The cost to attend CalCities Annual Conference was approximately $1,200 per attendee for a total of $7,200 which was included in the FY24 budget.
The estimated cost to prepare this report is $100.
Recommended Action:
Receive and File.
Attachments:
Staff Report
TO: City Council
FROM: Robert Vestal, Interim Public Works Director
DATE November 7, 2023
SUBJECT: Notice of Completion for Citywide Traffic Signal Upgrade (Beaumont Avenue and Sixth Street) – Capital Improvement Program (CIP) R-02
Description Notice of Completion (NOC) for Citywide Traffic Signal Upgrade CIP R-02, located at the intersection of Beaumont Avenue and Sixth Street (Project).
Background and Analysis:
On January 17, 2023, City Council approved a Public Works agreement with Elecnor Belco Electric, Inc. (Contractor), for construction services of the Citywide Traffic Signal Upgrade CIP R-02.
The Project replaced the permissive-only left turn phasing with a protected/permissive left turn phasing. Protected/permissive left turn phasing provides a dedicated part of the signal cycle to allow for a protected left turn movement.
The budget for the Project was $166,000 with an original construction contract amount of $151,000. The project had one (1) change order. Change order No. 1 (CO#1) was issued to resolve an unexpected field condition. The project encountered an existing foundation that conflicted with the proposed foundation location. The Contractor had to remove a portion of the existing foundation. The cost a ssociated with CO#1 was $8,742.70. The change order was funded from the project’s construction contingency allocation, with a total modified contract amount of $159,742.70. Final billing for the Project is expected to be $159,742.70, which includes the fin al retention payment.
The Contractor completed the Project’s scope of work satisfactorily per plans and specifications, and a Notice of Completion (NOC) document has been provided (Attachment A).
Figure 1 - Beaumont Avenue and Sixth Street Traffic Signal Fiscal Impact:
Construction cost for the Project was paid from the Citywide Traffic Signal Upgrade Project CIP R-02 ($150,000) and R-11 ($9,742.71). The following tables are a summary of the Project budgets for R-02 and R-11:
R-02 Citywide Traffic Signal Upgrade Project Accounting Summary Funding Summary
Funding Year Funding Source Amount
20/21 Traffic Signal DIF $150,000.00
Total Project Funding = $150,000.00
Budget Summary
Project Component Budget Encumbered Paid to Date Remaining Budget
Project Management $0.00 $0.00 $0.00 $0.00
Preliminary Services $0.00 $0.00 $0.00 $0.00
Environmental $0.00 $0.00 $0.00 $0.00
Design $0.00 $0.00 $0.00 $0.00
Construction $150,000.00 ($150,000.00) ($150,000.00) $0.00 Construction Management $0.00 $0.00 $0.00 $0.00
Permits $0.00 $0.00 $0.00 $0.00
Equipment $0.00 $0.00 $0.00 $0.00
Project Summary Totals $150,000.00 ($150,000.00) ($150,000.00) $0.00
R-11 Citywide Traffic Signal Upgrade Project Accounting Summary Funding Summary
Funding Year Funding Source Amount
21/22 R-11 Traffic Signal DIF $150,000.00
Total Project Funding = $150,000.00
Budget Summary
Project Component Budget Encumbered Paid to Date Remaining Budget
Project Management $0.00 $0.00 $0.00 $0.00
Preliminary Services $0.00 $0.00 $0.00 $0.00
Environmental $100.00 $0.00 $0.00 $100.00
Design $32,688.00 ($25,600.00) ($25,600.00) $7,088.00
Construction $30,500.00 ($27,141.58) ($9,742.71) $3,358.42 Construction Management $0.00 $0.00 $0.00 $0.00
Permits $0.00 $0.00 $0.00 $0.00
Equipment $86,712.00 ($86,711.70) ($86,711.73) $0.30
Project Summary Totals $150,000.00 ($139,453.28) ($122,054.44) $10,546.72
Included in the R-11 construction “Paid to Date” is $7,987.17 retention payment that will be issued to the Contractor a minimum of 35 days after the recordation of the Notice of Completion.
Recommended Action:
Authorize the Mayor to execute a Notice of Completion for the Citywide Traffic Signal Upgrade Project (CIP R-02).
Attachments:
A. Notice of Completion for Citywide Traffic Signal Upgrade Project (CIP R-02)
When Recorded Return
Original To:
City of Beaumont
550 East 6th Street
Beaumont, CA 92223
NO RECORDING FEE REQUIRED
PER GOVERNMENT CODE SECTION 27383
NOTICE OF COMPLETION
NOTICE is hereby given that the CITY OF BEAUMONT, 550 East 6th Street, Beaumont, California, 92223, a municipal corporation, is owner in fee of an easement in the property hereinafter described. Said owner caused a work of improvement on the property hereinafter described and was COMPLETED before November 7, 2023, by Elecnor Belco Electric,. Inc., contractor.
The property on which said work of improvement was completed in the City of Beaumont, County of Riverside, and State of California, at the intersection of Beaumont Avenue and Sixth Street.
Citywide Traffic Signal Upgrade Project (CIP R-02).
___________________ ______________________________
Date Julio Martinez III,
Mayor of the City of Beaumont, CA
VERIFICATION:
I the undersigned am the Mayor of the City of Beaumont, the declarant of the foregoing Notice of Completion. I have read the said Notice of Completion and know the contents thereof: The same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct.
___________________ ______________________________
Date Julio Martinez III,
Mayor of the City of Beaumont, CA
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On _________________ before me, ___________________________ Notary Public, personally appeared Lloyd White, Mayor of the city of Beaumont, California, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
BY: _________________________________________ (SEAL) NOTARY A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Staff Report
TO: City Council
FROM: Carole Kendrick, Planning Manager
DATE November 7, 2023
SUBJECT: Public Hearing of Plot Plan PP2022-0427, Tentative Parcel Map No. 38233 (TPM2022-0010) and Environmental ENV2022-0021 known as “Xenia Apartments” Located Near the Southeast Corner of Eighth Street and Xenia Avenue
Description A request to construct 16, two-story apartment buildings, totaling 192 multi-family residential dwelling units and one (1) single story community building, on approximately 10.93 acres located on 10.93 acres of Downtown Residential Multiple Family (DMF) zoned properties located south of Eighth Street on the east side of Xenia Avenue (APNs: 419-160-005, -024, 419-170-016, -017, -018, -022 and -027).
Background and Analysis:
The applicant is requesting approval of several applications that were submitted on February 2, 2022. The individual requests are broken down below:
Plot Plan (PP2022-0427) is required by the Beaumont Municipal Code per Section
17.02.070 to establish a new land use. The proposed land use includes the construction of 16, two-story apartment buildings with a total of 192 multiple family residential units. The proposed project also includes a pool/recreation area, a single- story community clubhouse, dog park, a water quality basin and other associated improvements located south of Eighth Street on the east side of Xenia Avenue (see Attachment C).
Tentative Parcel Map No. 38233 (PM2022-0010) is required by the Beaumont Municipal Code per Section 16.04.010 that all land divisions in the incorporated area of the City, as defined in this title, are subject to all of the applicable provisions of the Subdivision Map Act and the Beaumont Municipal Code. The tentative parcel map proposes to merge seven (7) parcels (APNs: 419-160-005, -024, 419-170-016, -017, - 018, -022 and -027) into one (1) parcel (see Attachment D).
Environmental (ENV2022-0021) (SCH#2023090225) due to the scope of the project, an Initial Study was prepared in compliance with the California Environmental Quality