WHEREAS, the City has proposed to amend the City’s Zoning Code in Section 17.04.100 “Utilities” to clarify the City’s requirements applicable to both the undergrounding of existing overhead utilities and the installation of new underground utility systems as a condition related to approvals for land use and development applications; and
WHEREAS, duly noticed public hearing to consider the amendment to the City’s Zoning Code was conducted on this matter as required by law by the Planning Commission on XXXX; and
WHEREAS, the Planning Commission recommends that the City Council approve the proposed amendment to Section 17.04.100 of the Zoning Code; and
WHEREAS, following the Planning Commission’s recommendation, the City Council has approved the amendment to Section 17.04.100 of the Zoning Code in addition to the amendments of and additions to Title 12 of the Municipal Code; and
WHEREAS, duly noticed public hearing was conducted on this matter as required by law by the City Council on XXXX; and
WHEREAS, the City Council of the City of Beaumont has reviewed the reasons for the amendments and additions to the Municipal Code as described above.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES FIND AND ORDAIN AS FOLLOWS:
SECTION 1: The title to Chapter 12.16 of the Beaumont Municipal Code from “Utility Undergrounding” is hereby amended to read: “Utility Undergrounding Districts” is hereby approved.
SECTION 2: Title 12 of the Beaumont Municipal Code is hereby amended to include a new Chapter 12.18 entitled “Undergrounding of Existing Overhead Utilities” to read as specifically set forth in Exhibit “A”, which Exhibit is attached hereto and made a part hereof.
SECTION 3: The City Council hereby finds that the amendment to Title 12 of the Beaumont Municipal Code to include a new Chapter 12.18 entitled “Undergrounding of Existing Overhead Utilities” is consistent with the adopted policies in the Beaumont Municipal Code and the General Plan of the City of Beaumont.
SECTION 4: Section 17.04.100 entitled “Utilities” is hereby amended in its entirety to read as specifically set forth in Exhibit “B”, which Exhibit is attached hereto and made a part hereof.
SECTION 5: The City Council hereby finds that the amendment to Section 17.04.100 entitled “Utilities” is consistent with the adopted policies in the Beaumont Municipal Code and the General Plan of the City of Beaumont.
SECTION 5: The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15060(b)(3), as
CEQA review is not required because there is no possibility that this Ordinance may have a significant effect upon the environment and the proposed text amendments constitute a minor alteration in a land use limitation under CEQA Guidelines Section 15305, and such a land use limitation is a permissible exercise of the City’s zoning powers.
SECTION 6: The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced.
SECTION 7: The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937.
MOVED AND PASSED upon first reading and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the XX day of XXXXX, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MOVED, PASSED AND ADOPTED upon second reading at a regular meeting of the City Council of the City of Beaumont, California, held on the XX day of XXXXX, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
David Fenn, Mayor
Attest:
Nicole Wheelwright, Deputy City Clerk
Approved as to form:
John O. Pinkney, City Attorney
EXHIBIT “A”
Chapter 12.16 Utility Undergrounding Districts
Chapter 12.18 “Undergrounding of Existing Overhead Utilities ”
12.18.010 – Purpose and authority.
This chapter establishes uniform provisions and regulations requiring conversion of existing overhead utility systems into new underground systems applicable to approvals granted by the City in accordance with Title 17 of the Beaumont Municipal Code and other applicable sections of the Beaumont Municipal Code relating to land use development applications and permits for development of private property. It is the intent of this chapter to set forth and clarify the City’s requirements for undergrounding of existing overhead utilities on, and adjacent to, property subject to land use development or permit applications to further the City Council’s legislative purpose of protecting the public health, safety and welfare through the absence of utility poles, overhead utility lines and related transmission devices in the following respects:
a) Undergrounding of existing overhead utilities eliminates potential hazards to life and property in the event of emergencies or disasters such as earthquakes, fires, floods, hazardous or toxic waste releases, rains, and riots;
b) Undergrounding of existing overhead utilities facilitates the delivery of emergency services to persons and property located adjacent to the public right-of-way; c) Undergrounding of existing overhead utilities improves or increases the accessibility of the public right-of-way for such public uses as pedestrian travel, ease of deliveries to adjacent property, and landscaping treatments;
d) Undergrounding of existing overhead utilities eliminates the threat of downed powerlines and the resulting fires that can be caused by high winds; e) Undergrounding of existing overhead utilities enhances the appearance of the City and eliminates cluttered and obstructed views
12.18.020 – Definitions.
Whenever in this chapter the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions.
A. “Development” means a project seeking or receiving City approvals related to land use and development in accordance with Title 17 of the Beaumont Municipal Code or other sections of the Beaumont Municipal Code requiring City permits to allow for the improvement to private property; construction of new or expansion of existing residential, commercial, industrial or other buildings; residential subdivisions; and other projects requiring City land use and development approvals.
B. “Improvement” means any addition or modification to an existing building or other structure on private property subject to City land use and development permits or other permits.
C. “Permit” means any permit sought to be issued by the City, or any of its officials, as a
prerequisite to the development or improvement of private property within the City, including, but not limited to, any building permit, conditional use permit, plot plan approval, grading permit, occupancy permit, site approval, subdivision approval or variance.
D. “Utility line” means any utility line necessary, convenient or required for the transmission of energy or transmission of any communication signal to or from any property within the City, including cable television, electrical, telephone, fiber optic and other energy or communication devices such as lines, poles, transformers and related devices.
12.18.030 – Requirement to underground existing overhead utility lines.
A. Existing overhead utility lines located on, extending across, or located adjacent to private property, including those overhead utility lines located along the perimeter of private property within utility easements and public rights-of-way of City streets overlying or bordering private property, shall be placed underground into new underground systems as required pursuant to this chapter.
B. The requirement to place underground existing overhead utility lines shall be imposed on each and every permit or development required from the City for the development or improvement of private property within the City as required pursuant to this chapter.
C. The requirement to underground existing overhead utility lines shall be performed by the owner and the developer of the property seeking its development or improvement, a permit or any construction thereon, at the owner’s and developer’s sole expense. The owner and developer shall arrange for the placement of existing overhead utility lines into a new underground system with the applicable utility company including the processing of any applications, permits, payment of any fees or expenses, the submission and approval of any plans and the coordination of said undergrounding with the City Engineer as required by the Beaumont Municipal Code where such undergrounding is located within utility easements or public rights-of-way.
D. Existing overhead utility lines shall be placed underground on the property subject to the permit, development or improvement as follows:
a. Except as otherwise provided in this subsection, the existing overhead utility lines shall be placed into a new underground system located along the entire frontage of the subject property from boundary line to boundary line as depicted in Figure C-1.
b. Whenever a utility pole is located on the frontage of the subject property and within five feet of the subject property’s boundary line, such existing utility pole may remain to be used as a riser with the existing overhead utility lines placed underground into a new underground system located along the frontage of the property from boundary line to the existing utility pole except for that distance of five feet or less between the utility pole and the other boundary line as depicted in Figure C-2.
c. Whenever an existing utility pole is located within one hundred fifty (150) feet of a
boundary line of the subject property, the existing overhead utility lines shall be placed into a new underground system located along the entire frontage of the subject property from boundary line to boundary line and from one of the boundary lines to the existing utility pole as depicted in Figure C-3. Whenever a utility pole is located more than one hundred fifty (150) feet from a boundary line of the subject property, a new utility pole shall be installed at one boundary line of the subject property and the existing overhead utility lines shall be placed into a new underground system along the entire frontage of the subject property from one boundary line to the newly installed utility pole as depicted in Figure C-3.
d. In the event that the subject property is located on a corner where two streets intersect, the existing overhead utility lines shall be placed into a new underground system extending across one or both of the streets to the next existing utility pole provided that the utility pole is within one hundred fifty (150) feet of one of the boundary lines of the subject property as depicted in Figure C-4.
E. No certificate of occupancy or final approval shall be issued for any property the e development or improvement of which requires the undergrounding of existing overhead utility lines unless and until compliance with this chapter shall have been accomplished to the satisfaction of the City.
12.18.040 – Application to permits, developments and improvements.
The requirement to underground existing, overhead utility lines created and imposed by this chapter shall apply to private property within the City whose owner or developer requires a permit from the City or who is proposing a development of the property for residential, commercial, or industrial purposes, unless otherwise exempt in accordance with Section
12.18.070.
12.18.050 – Utility assessment form.
A. Upon an application for any permit or development from the City to develop or improve private property, the owner or developer shall submit a utility assessment form without which the permit application shall be incomplete and ineligible for action by the City. The utility assessment form shall require the following information:
1. The name, address and telephone number of the developer and owner;
2. The location of the property, public rights of way and utility easements and their legal description and depiction;
3. The nature of the proposed development or improvement;
4. A statement from each applicable utility company serving the property containing a general description of the existing overhead utility lines to be placed underground and an estimated cost thereof. In the absence of a cost estimate provided by the applicable utility company, the owner or developer shall provide an estimate prepared by its utility consultant using most current data available.
5. If applicable, a statement by the owner or developer indicating its intent to pursue deferral of the obligation in accordance with section 12.18.070(G) or 12.18.080.
6. If applicable, a statement by the owner or developer indicating its intent to pursue waiver of the obligation in accordance with section 12.17.070 or 12.18.080.
7. Any other information required by the City to implement the purposes and requirements of this chapter.
B. The City shall review the utility assessment form in order to identify the existing overhead utility lines required for placement underground unless otherwise exempted in accordance with Section 12.18.060. However, the presumption shall be that all existing overhead utility lines shall be placed underground, unless the City has received and approved the utility
assessment form that identifies the circumstances where an exemption pursuant to Section
12.18.060 applies.
C. The approval of any development or the issuance of any permit to develop or improve private property shall be conditioned by the City with a requirement to underground each existing overhead utility line required to be placed into a new underground system as provided in this chapter.
12.18.060 – Exempted utility devices.
The following existing overhead utility lines shall be exempted from the requirement to placed underground as otherwise required in this chapter:
A. Existing overhead utility lines operated at voltages in excess of thirty-four thousand five hundred volts (> 34.5 kV);
B. In residential in-fill areas where property is to be developed for residential purposes where existing overhead utility lines are located along or near the rear property lot lines of the subject property to be developed and where those existing overhead utility lines provide service to adjoining residential properties that are not the subject of the permit, development or improvement;
C. Appurtenances and associated equipment including, but not limited to, surface mounted transformers and switches, pedestal mounted terminal boxes and meter cabinets which may be left in place above ground.
12.18.070 – Exemption and Deferral of certain improvements.
The City hereby exempts from the provisions of this chapter the following permits, developments or improvements of private property meeting any one of the following criteria:
A. Interior tenant improvements and conditional use permits for which construction is not required; or
B. Exterior upgrading, repair or replacement of existing improvements, including but not limited to, reroofing, additions of awnings, landscaping, equipment screening, repainting and application of other exterior finishes; or
C. Additions of functional equipment to any existing improvements, including but not limited to, air conditioners, antennae, block walls and fences, cooling towers, enclosure of outdoor storage areas, loading docks, satellite dishes, silos and water tanks; or
D. The permitting or development of a new single-family residence on a property where the adjacent properties are serviced by existing overhead utility lines provided that the utility lines to connect the proposed single family residence to the existing overhead utility lines shall be placed underground to the proposed single family residence.
E. Improvements to an existing commercial or industrial building where the improvement increases the building footprint or total square footage by less than three hundred (300) square feet.
F. Improvements to an existing residential building where the improvement increases the building footprint or total square footage by less than twenty-five percent (25%).
G. Whenever the owner or developer of a subject property is required to underground existing overhead utility lines under this chapter but the length of the project frontage is less than three hundred (300) feet, the City may in its discretion allow the owner or developer to pay a fee to the City that is equal to the unit cost of placing the existing overhead utility lines underground multiplied by the length over which the undergrounding is required, not to exceed three hundred (300) feet, in lieu of such undergrounding. The unit price for undergrounding any utility lines shall be based upon the most recent unit price for undergrounding utility lines as established by the applicable utility company that would otherwise be responsible for placing the existing overhead utility lines underground. The owner or developer shall obtain a written statement of the unit price for undergrounding the required utility lines from the applicable utility companies serving the subject property and submit it to the City for determination of the amount of the in-lieu fee. The burden is imposed on the owner or developer of the subject property to disclose at the time of application their intent to pursue an in-lieu fee, with such intent to be incorporated into the City’s permit or development approval associated with the development or improvement.
H. Whenever a state statute specifically exempts the permit or development from the requirements of this chapter.
12.18.080 – Waiver and Deferral.
If an owner or developer who is the applicant for a permit, or development application subject to the provisions of this chapter believes that the undergrounding requirement is impractical and will cause practical difficulties and unnecessary hardship due to certain topographical conditions, street configurations, underground obstacles, soil, water or other natural conditions which would make the placement of existing overhead utilities into new underground systems unreasonable, the owner or developer shall provide such notice of intent to pursue a waiver with the utility assessment form required by Section 12.18.050. The burden is imposed on the owner or developer to provide sufficient justification for a waiver to be considered by the City Council. The waiver, if requested, shall be requested and considered prior to the time the approval authority considers the permit or development application. If such waiver is granted, the City may require the owner or developer to pay an in-lieu fee in accordance with section 12.18.070(G).
12.18.090 – Appeals.
An owner or developer of private property subject to the provisions of this chapter is afforded the right to appeal a decision made by the applicable approval authority where the permit
or development application was approved with the imposition of requirements to place underground existing overhead utility lines under this chapter. The right to appeal excludes approvals of land use or development applications and in lieu fees granted by the City Council, as the opportunity to pursue a waiver of the obligation to underground existing overhead utility lines occurred during the City Council’s consideration of the in-lieu fee, land use or development application in question.
The following appeal procedures shall be followed:
A. Appeal of City Official’s Decision. Decisions of the applicable City Official, granted by the City Official in accordance with Title 17 of the Beaumont Municipal Code and other applicable sections of the Beaumont Municipal Code relating to land use and development applications, may be appealed to the Planning Commission. All such appeals shall be filed in writing with the Secretary of the Planning Commission.
B. Persons Eligible to File an Appeal. Any person may appeal a decision or action of the applicable City Official, in accordance with the terms of this chapter.
C. Time Limit for Filing an Appeal. All appeals under this chapter must be filed within fifteen (15) calendar days of the date of the approval of the land use or development application.
If the fifteenth (15th) day occurs on a holiday or weekend, the appeal period shall be extended to the next City workday. No appeal under this chapter shall be accepted after the appeal period has expired.
D. Appeals Form. All appeals must be submitted in writing on the appropriate form provided by the City. The appeal must specifically state the grounds for the appeal and instances in which the City Official or Planning Commission allegedly erred in requiring the undergrounding of existing overhead utilities pursuant to this chapter.
E. Payment of Fees. A fee shall be paid concurrent with filing of the appeal in accordance with the fee schedule established by resolution of the City Council.
F. Scheduling of Public Hearing. Within 15 days upon receipt of an appeal, the City Clerk shall set the matter for public hearing. The hearing shall be noticed as provided for in Chapter 17.02 of the Beaumont Municipal Code.
G. Findings. All actions to affirm, reverse, or modify in whole or part any decision of the applicable City Official or Planning Commission shall be made with supporting findings for the affirmation, reversal, or modification.
EXHIBIT “B”
17.04.100 - Utilities.
The following performance standards with respect to the provision of utilities and infrastructure are outlined in this Section to ensure the service demands of existing and future development are met.
A. Provision of New Utility Service and Connections. The developer or owner of a property proposing to improve or otherwise develop the property in accordance with the provisions of Title 17 “Zoning” of this Municipal Code, or such other codes and regulations applicable to development of property, shall be responsible for furnishing and installing all required utility service and connections, in cooperation with and as required by the applicable utility provider.
B. Undergrounding of Utility Lines Required. In order to protect the public safety and improve the appearance and functioning of the community, all new electrical distribution lines of 16 34.5 kilovolts or less, and all new telephone, cable television, fiber optic, and similar wires and lines that provide customer services shall be installed within underground systems, except for:
1. Utility poles within six feet of the rear lot line used for terminating underground facilities.
2. Temporary utilities while construction is ongoing.
3. Risers and poles as provided by developer or owner.
4. Meter boxes, terminal boxes, and similar equipment.
5. Transformers, except that all transformers shall be located in vaults.
6. Infill development in R-SF Zones where existing overhead lines serve the area, subject to the approval of the Director of Community Development.
C. Undergrounding of Existing Utility Lines Required. In order to protect the public safety and improve the appearance and functioning of the community, existing electrical distribution lines of 34.5 kilovolts or less, and all existing telephone, cable television, fiber optic and similar wires and lines located on or adjacent to property being developed shall be converted to new underground systems subject to and in accordance with the provisions of Chapter 12.18 “Undergrounding of Existing Overhead Utilities” of the Beaumont Municipal Code.
D. Electrical Disturbance. No activity shall be permitted if it causes electrical disturbance that affects the operation of equipment located beyond the property line. Radio, television, and microwave transmitters shall be suitably wired, shielded, and controlled so that they do not emit electrical waves or impulses that may affect other electronic devices or equipment.
Underground Utilities Ord - Page 1 of 1
3512 14 Street
Riverside, California 92501
(951) 368-9229
[email protected]
City of Beaumont
550 E. 6th Street
Beaumont, California 92223
Account Number:5209298
Ad Order Number:0011640799
Customer's Reference/PO Number:
Publication:The Press-Enterprise
Publication Dates:01/05/2024
Total Amount:$199.44
Payment Amount:$0.00
Amount Due:$199.44
Notice ID:WrVuqL7vAeHpiPXuwymH
Invoice Text:NOTICE IS HEREBY GIVEN, that the City of Beaumont will conduct a public hearing to consider the matter described below. The City of Beaumont’s public hearing will be held at 6:00 p.m. on Tuesday, January 16, 2024, at 550 East Sixth Street, Beaumont, California. AN ORDINANCE AMENDING THE TITLE OF CHAPTER 12.16, ADDING CHAPTER 12.18 AND AMENDING CHAPTER 17.04 OF THE CITY OF BEAUMONT
MUNICIPAL CODE CONCERNING REQUIREMENTS FOR UNDERGROUNDING
OF EXISTING OVERHEAD UTILITIES APPLICABLE TO DISCRETIONARY APPROVALS RELATED TO LAND USE AND DEVELOPMENT This meeting will be open to the public and will be recorded for live streaming on the City’s official YouTube webpage . Please use the following link during the meeting for live stream access: BeaumontCa.gov/Livestream Public comments will be accepted using the following options: 1. Emailed comments will be read aloud during the corresponding item of the meeting. Please submit your comments to [email protected] 2.
In person public comments. 3. Call-in comments using a designated public comment phone line (951) 922-4845. City Council will conduct a public hearing to receive testimony and comments from all interested persons. Public comments shall not exceed three minutes unless otherwise authorized by City Council. Comments can be submitted any time prior to the meeting as well as during the meeting until the end of the corresponding item. Dated: January 2, 2024
Underground Utilities Ord - Page 1 of 1
The Press-Enterprise
3512 14 Street
Riverside, California 92501
(951) 368-9229
City of Beaumont
550 E. 6th Street
Beaumont, California 92223
Publication: The Press-Enterprise
PROOF OF PUBLICATION OF
Ad Desc: 0011640799
FILE NO. 0011640799
PROOF OF PUBLICATION
I am a citizen of the United States. I
am over the age of eighteen years and
not party to or interested in the above-
entitled matter. I am an authorized
representative of THE PRESS-
ENTERPRISE, a newspaper of general
circulation, printed and published daily
in the County of Riverside, and which
newspaper has been adjudicated a
newspaper of general circulation by the
Superior Court of the County of
Riverside, State of California, under
date of April 25, 1952, Case Number
54446, under date of March 29, 1957,
Case Number 65673, under date of
August 25, 1995, Case Number
267864, and under date of September
16, 2013, Case Number RIC 1309013;
that the notice, of which the annexed is
a printed copy, has been published in
said newspaper in accordance with the
instructions of the person(s) requesting
publication, and not in any supplement
thereof on the following dates, to wit:
01/05/2024
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.
Date: January 5, 2024.
At: Riverside, California
______________________________
Signature
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Direction
DATE January 22, 2024
SUBJECT: FY2023-2024 2nd Quarter Cash and Investment Report
Description Receive and file the 2nd 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 the City Council.
Staff has prepared the investment reports and certification as of quarter ending December 31, 2023. A summary of bank activity by each month in the quarter is provided below.
The significant transactions during the quarter were as follows:
LAIF interest recorded on 10/31/2023 in the amount of $437,911.64, in comparison to prior year 1st quarter payment was $216,505.95. Net income received for the quarter on the portfolio managed by Public Trust is $592,648.85.
Net income received for the quarter on the liquidity fund managed by Public Trust is $142,315.80.
Interest received for the quarter on the Wells Fargo Sweep account is $196,525.45.
Interest received for the quarter on the Bank of Hemet accounts is $68,699.35. Interest earned in CA Class fund for the quarter is $280,794.39. The PARS earnings for the quarter are $224,068.61.
CITIBANK ACCOUNTS #October 2023 November 2023 December 2023 Wells Fargo
GENERAL 52455 3,173,429.00$ 3,024,106.00$ 3,000,751.00$ Sweep 15,819,123.42$ 14,601,209.85$ 15,069,104.00$
18,992,552.42$ 17,625,315.85$ 18,069,855.00$
BANK OF HEMET
PAYROLL 50301 1,185,157.32$ 1,939,659.40$ -$
Payroll Sweep Account 6209 -$ 1,446,723.15$ GAS TAX 21901 3,216,037.18$ 3,677,687.20$ 3,929,400.14$ EVIDENCE AND SEIZURE FUND 20042 295,073.99$ 295,910.71$ 296,721.83$ CONSTRUCTION 20048 8,187,758.56$ 8,210,975.90$ 8,233,482.97$ 12,884,027.05$ 14,124,233.21$ 13,906,328.09$
US BANK
INVESTMENT PORTFOLIO 10770 70,606,467.70$ 70,792,780.25$ 71,437,754.93$ LIQUIDITY FUND 13574 11,199,860.62$ 11,244,994.52$ 11,432,070.79$ 81,806,328.32$ 82,037,774.77$ 82,869,825.72$
LAIF 3-056 48,999,805.75$ 48,999,805.75$ 48,999,805.75$ CALIFORNIA CLASS 0001 20,133,007.12$ 20,224,764.49$ 20,319,954.73$ PARS 2,391,528.97$ 2,554,001.07$ 2,674,996.80$
BANK BALANCES 1st QTR FY 23-24
One CD with BMO will be maturing on January 29, 2024. It is recommended to reinvest into a six-month CD with BMO at an estimated rate of 4.579%. The rate on CDs changes weekly and the estimated rate was based on a quote received 1/9/2024. The exact rate received will not be available until the day the CD matures.
The Finance and Audit Committee reviewed this report and agree with the recommendation to reinvest in another 6-month CD at the rate provided on day of maturity.
Fiscal Impact:
The estimated cost to prepare this report is $696.
Recommended Action:
Receive and file report.
Attachments:
A. Pooled Cash Investments Holding Report as of December 31, 2023 B. Pooled Cash Report as of December 31, 2023
C. Investment Certification for Quarter Ending December 31, 2023 D. Wilmington Trust Security Listings as of December 31, 2023 E. Zions Bank Security Listings December 31, 2023
F. Public Trust Board Report for period ending December 31, 2023 G. PARS Statement for December 31, 2023
H. PARS Portfolio Fact Sheet for 3rd Quarter 2023 Calendar Year
DESCRIPTION OF SECURITY
COUPON
RATE
MATURITY
DATE
*INVEST
RATING
PURCH
DATE COST VALUE MARKET VALUE
Estimated
Current
Yield
Deposit Accounts
Wells Fargo Checking (Pooled Cash) N/A N/A NR N/A 3,000,751.00 3,000,751.00 Wells Fargo Sweep Account N/A N/A NR N/A 15,069,104.00 15,069,104.00 5.21% Bank of Hemet ‐ Payroll N/A N/A NR N/A 1,446,723.15 1,446,723.15 Bank of Hemet ‐ Gas Tax 0.1 N/A NR N/A 3,929,400.14 3,929,400.14 Bank of Hemet ‐ Evidence and Seizure Fund 0.1 N/A NR N/A 296,721.83 296,721.83 0.1% Bank of Hemet ‐ Construction 0.1 N/A NR N/A 8,233,482.97 8,233,482.97 0.1% 31,976,183.09
Certificates of Deposit
BMO Harris Bank 5.27% 1/29/2024 NR 8/2/2023 2,000,000.00 2,000,000.00 BMO Harris Bank 5.27% 5/2/2024 NR 8/2/2023 1,500,000.00 1,500,000.00 BMO Harris Bank 5.27% 8/2/2024 NR 8/2/2023 1,500,000.00 1,500,000.00 Local Agency Investment Fund (LAIF)N/A Varies NR Varies 48,999,805.75 48,999,805.75 3.42% California CLASS N/A N/A NR N/A 20,319,954.73 20,319,954.73 5.54% Cash & Equivalents N/A N/A NR N/A 7,827.34 7,827.34 Fixed Income Securities Varies Varies Varies Varies 2.00 2.00 Cash & Equivalents N/A N/A NR N/A 23,625,995.03 23,625,995.03 Cash & Equivalents
Public Trust N/A N/A NR N/A 11,559,190.69 11,559,190.69 4.98% Fixed Income Securities
Public Trust Varies Varies Varies Varies 71,310,635.03 71,469,890.15 3.72% Cash & Equivalents 2,523,423.80 2,674,996.80
Cash and Investment Held by Third Party Trustee (PARS Pension 115 Trust) CITY OF BEAUMONT
POOLED INVESTMENT PORTFOLIO HOLDINGS
December 31, 2023
Cash and Investment Held by Third Party Trustee (Wilmington Trust) Cash and Investment Held by Third Party Trustee (US Bank) Cash and Investment Held by Third Party Trustee (Zions Bank)
Pooled Cash Report
For the Period Ending 12/31/2023
Fund (Claim
on Cash) Account Name Beginning Balance Current Activity Current Balance 100 General Fund 34,161,605.71 (1,121,570.76) 38,972,520.13 120 Self Insurance 6,339,162.03 255,433.69 6,594,595.72 200 Highway Users Tax (GAS)(1,745,938.25) 1,031,189.25 (714,749.00) 201 SB1 242,891.86 1,846.58 244,738.44 202 Measure A 2,761,618.31 414,869.91 3,176,488.22 205 Motor Vehicle Subvention (AB2766)249,545.23 (44,373.43) 205,171.80 210 Public, Education, Govt (PEG)35,545.63 (86.20) 35,459.43 215 Community Development/Grants (CDBG)(686,884.92) (543,524.78) (1,230,409.70) 220 Citizen Option Public Safety (COPS)523,785.60 (82,487.79) 441,297.81 225 Asset Seizures - State 37,316.49 40,241.46 77,557.95 230 Asset Seizures - Federal 53,675.98 38,388.68 92,064.66 240 Other Special Revenue Fund 433,497.24 32,803.40 466,300.64 250 Community Facitlities District (CFD)-Admin 1,448,472.74 (141,766.64) 1,306,706.10 255 Community Facilities District (CFD)-Maint 21,581.74 15,917.85 37,499.59 260 Community Facilities District (CFD)-Public Safety 187,457.34 13,591.51 201,048.85 500 General Capital Projects 39,401,689.95 (8,473,144.38) 30,928,545.57 510 Community Facilities District 13,214,314.25 7,000.21 13,221,314.46 550 Other Mitigation 6,728.22 120.16 6,848.38 552 Basic Services Mitigation 1,712,510.76 58,533.49 1,771,044.25 554 General Plan Mitigation 231,129.48 11,622.94 242,752.42 555 Recreational Facilities Mitigation 2,535,918.83 160,466.64 2,696,385.47 556 Traffic Signal Mitigation 1,404,616.70 (21,968.50) 1,382,648.20 558 Railroad Crossing Mitigation 2,827,374.88 93,588.81 2,920,963.69 559 Police Facilities Mitigation 1,844,248.80 103,054.37 1,947,303.17
560 Fire Station Mitigation 5,855,421.11 175,816.45 6,031,237.56 562 Road and Bridge Mitigation 14,319,966.33 1,805,752.30 16,125,718.63 564 Recycled Water Mitigation 4,260,863.06 315,841.49 4,576,704.55 566 Emergency Preparedness Mitigation 806,387.02 110,337.38 916,724.40 567 Community Park Mitigation 2,947,239.11 137,636.83 3,084,875.94 568 Regional Park Mitigation 1,977,512.20 29,328.77 2,006,840.97 569 Neighborhood Parks Mitigation 3,728,319.26 169,450.19 3,897,769.45 570 Pass Thru DIF Fund 8,626,295.70 (2,448,807.53) 6,177,488.17 600 Internal Service Fund 6,816,647.11 (534,687.55) 6,281,959.56 700 Wastewater 6,113,426.54 (852,782.31) 5,260,644.23 705 Wastewater Mitigation 10,007,574.30 1,102,813.28 11,110,387.58 710 Wastewater Capital Projects 154,680.98 (60,058.84) 94,622.14 750 Transit 1,269,011.87 322,853.89 1,591,865.76 755 Transit GASB 373,030.97 - 373,030.97 760 Transit Capital Projects (61,884.90) (10,846.04) (72,730.94) 840 City of Beaumont CFD 21,140,368.07 (13,872,100.20) 7,268,267.87 850 Beaumont Finance Authority - - - 855 Beaumont Public Improv Authority - - - 860 Evidence 24,786.48 12,852.17 37,638.65 195,601,509.81 (15,814,368.07) 179,787,141.74
Total Claim on Cash
Cash In Bank
Pooled Cash 1,151,369.00 1,849,382.00 3,000,751.00 Sweep 63,686,077.65 (48,825,897.20) 14,860,180.45 Payroll Cash 2,251,169.51 339,332.08 2,590,501.59 CA CLASS - 20,319,954.73 20,319,954.73 Investments with Trustee 81,542,441.27 10,215,268.39 91,757,709.66 LAIF 48,183,585.45 378,308.66 48,561,894.11 Total Cash in the Bank 130,877,395.72 (15,723,651.34) 181,090,991.54 Due to Other Funds
999 Due to Other Funds 8,364,089.65 (396,129.19) 4,287,402.79 Total Due to Other Funds 8,364,089.65 (396,129.19) 4,287,402.79
Cash in Bank 194,563,473.37 181,090,991.54
Claim on Cash 201,776,194.02 179,787,141.74
Difference (7,212,720.65) 1,303,849.80
Pooled Cash 1,151,369.00 5,591,252.59
Due to Other Funds 8,364,089.65 4,287,402.79
(7,212,720.65) 1,303,849.80
Total Difference - (0.00)
Holdings Summary
For 626 Accounts
Account Level Detail - Separate Principal and Income
As of Date 12/31/2023
Comparison Date 12/31/2023
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?
Market Value
Comparison Date
Principal Portfolio - USD Cash & Equivalents Taxable 7,827.34 44,722.79 52,550.13 Principal Portfolio - USD Fixed Income U.S. Tax-Exempt Fixed Income 2.00 100.00 0.04 2.04 2.00 + Unknown
^ Incomplete Run Date 1/16/2024 12:20:44 PM Page 1 of 2
MV (%)
Comparison Date
100.00
+ Unknown
^ Incomplete Run Date 1/16/2024 12:20:44 PM Page 2 of 2
Zions Bank HOLDINGS
Consolidation Name: ALL
Processing Date: 01/16/2024
Money Market Funds - Taxable 23,625,995.03 Total Investments 23,625,995.03 23,625,995.03 1,200,406.79 5.08 100 Consolidated Plus Net Cash 27.73
Total Market Value 23,626,022.76
Portfolio components may not equal 100% due to rounding. * Denotes Invested Income Portfolio.
Board Package
City of Beaumont, CA (257428)
[10-01-2023]--[12-31-2023]
10/01/2023 - 12/31/2023
Dated: 01/16/2024
Locked Down Page 331 of 494
Risk Summary (1) (City of Beaumont, CA (257428))1
Performance Overview (City of Beaumont, CA (257428))5
Index Comparison (City of Beaumont, CA (257428))8
GAAP Financials (City of Beaumont, CA (257428))11
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
Table of Contents
Dated: 01/16/2024
Cash and Fixed Income Summary
Risk Metric Value
Cash 42,644.21
MMFund 127,119.90
Fixed Income 71,986,734.30
Duration 1.803
Convexity 0.044
WAL 1.912
Years to Final Maturity 1.956
Years to Effective Maturity 1.928
Yield 4.421
Book Yield 4.135
Avg Credit Rating AA+/Aa1/AA+
Balance Sheet
Book Value + Accrued 72,235,180.45
Net Unrealized Gain/Loss -78,682.04
Market Value + Accrued 72,156,498.41
Issuer Concentration
Issuer Concentration % of Base Market
Value + Accrued
Other 6.594%
United States 59.018%
Toyota Motor Corporation 1.358%
PACCAR Inc 2.211%
Federal Home Loan Banks 10.000%
Farm Credit System 12.016%
Deere & Company 1.405%
Chevron Corporation 1.379%
Caterpillar Inc.1.368%
Apple Inc.2.325%
Amazon.com, Inc.2.327%
---100.000%
Footnotes: 1,2
Asset Class Market SectorSecurity Type
Risk Summary (1)City of Beaumont, CA (257428)
10/01/2023 - 12/31/2023 Return to Table of Contents Dated: 01/16/2024 1Page 333 of 494
Credit Duration Heat Map
Rating 0 - 1 1 - 2 2 - 3 3 - 4 4 - 5 5 - 7 7 - 10 10 - 15 15 - 30 AAA 8.698%44.802%34.986%0.000%0.000%0.000%0.000%0.000%0.000% AA 1.379%1.946%1.234%0.000%0.000%0.000%0.000%0.000%0.000% A 1.358%3.580%2.017%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% Time To Maturity
Credit Rating
Duration
Risk Summary (1)City of Beaumont, CA (257428)
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MMF Asset Allocation Industry Sector
Industry Group Industry Subgroup
Risk Summary (1)City of Beaumont, CA (257428)
10/01/2023 - 12/31/2023 Return to Table of Contents Dated: 01/16/2024 3Page 335 of 494
1: * Grouped by: Issuer Concentration. 2: * Groups Sorted by: % of Base Market Value + Accrued.
Risk Summary (1)City of Beaumont, CA (257428)
10/01/2023 - 12/31/2023 Return to Table of Contents Dated: 01/16/2024 4Page 336 of 494
Summary
Base Returns Beta Distribution
Performance Overview City of Beaumont, CA (257428)
10/01/2023 - 12/31/2023 Return to Table of Contents Dated: 01/16/2024 5Page 337 of 494
Compliance Overview
Status Compliant
As of 12/31/2023
Equity Summary
Equity Metric Value
Equity 0.00
Beta ---
R Squared ---
Trailing P/E ---
Dividend Yield ---
Portfolio Summary
Asset Class Base Market Value + Accrued
Cash 42,644.21
Money Market Funds 127,119.90
Fixed Income 71,986,734.30
Total 72,156,498.41
Footnote: 1
Reconciliation Status
Custody Reconciliation Status Reconciled
Custody Last Reconciled For 01/15/2024
Trading System Last Reconciled For 12/19/2023
Cash and Fixed Income Summary
Risk Metric Value
Cash 42,644.21
MMFund 127,119.90
Fixed Income 71,986,734.30
Duration 1.803
Convexity 0.044
WAL 1.912
Years to Final Maturity 1.956
Years to Effective Maturity 1.928
Yield 4.421
Book Yield 4.135
Avg Credit Rating AA+/Aa1/AA+
Compliance Status
Compliant Account Policy Name Total Rules Compliant Rules Violating Rules Performance Overview City of Beaumont, CA (257428)
10/01/2023 - 12/31/2023 Return to Table of Contents Dated: 01/16/2024 6Page 338 of 494
Index: NO BENCHMARK REQUIRED.
1: * Grouped by: Asset Class.
Performance Overview City of Beaumont, CA (257428)
10/01/2023 - 12/31/2023 Return to Table of Contents Dated: 01/16/2024 7Page 339 of 494
Index Comparison Summary
Index Comparison Market Sector
Index Comparison Duration
Index Comparison Credit Rating
Index Comparison City of Beaumont, CA (257428)
10/01/2023 - 12/31/2023 Return to Table of Contents Dated: 01/16/2024 8Page 340 of 494
Index Comparison Summary
Risk Metric Portfolio Index Difference
Duration 1.803 ------
Yield 4.421 ------
Years to Effective Maturity 1.928 ------
Years to Final Maturity 1.956 ------
Average Credit Rating AA+------
Footnote: 1
Index Comparison Market Sector
Market Sector Portfolio Index Difference
Government 59.018%------
Agency 22.015%------
Municipal 0.592%------
Industrial 13.246%------
Asset Backed 4.893%------
Cash 0.235%------
Footnote: 2
Index Comparison Duration
Duration Portfolio Index Difference
< 0 0.000%------
0 - 1 11.435%------
1 - 2 50.327%------
2 - 3 38.237%------
3 - 4 0.000%------
4 - 5 0.000%------
5 - 7 0.000%------
7 - 10 0.000%------
10 - 15 0.000%------
15 - 30 0.000%------
30 +0.000%------
No Duration 0.000%------
Footnote: 3
Index Comparison Credit Rating
Credit Rating Portfolio Index Difference
AAA 88.487%------
AA 4.558%------
A 6.955%------
BBB 0.000%------
Non-Invest 0.000%------
Not Rated 0.000%------
Footnote: 4
Index Comparison City of Beaumont, CA (257428)
10/01/2023 - 12/31/2023 Return to Table of Contents Dated: 01/16/2024 9Page 341 of 494
Index: NO BENCHMARK REQUIRED.
1: * Grouped by: Risk Metric. 2: * Grouped by: Market Sector. 3: * Grouped by: Duration. 4: * Grouped by: Credit Rating.
Index Comparison City of Beaumont, CA (257428)
10/01/2023 - 12/31/2023 Return to Table of Contents Dated: 01/16/2024 10Page 342 of 494
Balance Sheet City of Beaumont, CA
As of:09/30/2023 12/31/2023
Book Value 71,201,267.44 71,718,342.02
Accrued Balance 441,700.95 516,838.43
Book Value + Accrued 71,642,968.40 72,235,180.45
Net Unrealized Carrying Value Gain -1,225,259.96 -78,682.04 Carrying Value and Accrued 70,417,708.44 72,156,498.41
Income Statement City of Beaumont, CA
Begin Date
End Date
10/01/2023
12/31/2023
Net Amortization/Accretion Income 88,128.23
Interest Income 624,037.55
Dividend Income 0.00
Foreign Tax Withheld Expense 0.00
Misc Income 0.00
Net Allowance Expense 0.00
Income Subtotal 624,037.55
Net Realized Gain/Loss -119,516.92
Net Holding Gain/Loss 0.00
Impairment Loss 0.00
Net Gain/Loss -119,516.92
Expense 0.00
Net Income 592,648.85
Transfers In/Out -436.80
Change in Unrealized Gain/Loss 1,146,577.92
Statement of Cash Flows City of Beaumont, CA
Begin Date
End Date
10/01/2023
12/31/2023
Net Income 592,648.85
Amortization/Accretion on MS -83,469.38
Change in Accrued on MS -78.68
Net Gain/Loss on MS 119,516.92
Change in Unrealized G/L on CE -2,320.45
Subtotal 33,648.42
Purchase of MS -24,219,194.46
Purchased Accrued of MS -110,315.84
Sales of MS 7,698,319.26
Sold Accrued of MS 35,257.04
Maturities of MS 0.00
Net Purchases/Sales -16,595,934.00
Transfers of Cash & CE -436.80
Total Change in Cash & CE -15,970,073.53
Beginning Cash & CE 16,139,837.64
Ending Cash & CE 169,764.11
GAAP Financials City of Beaumont, CA (257428)
10/01/2023 - 12/31/2023 Return to Table of Contents Dated: 01/16/2024 11Page 343 of 494
* Grouped by: Security Type. * Groups Sorted by: Security Type. * Weighted by: Base Market Value + Accrued. * Holdings Displayed by: Position.
Security Type Base Original Units Base Current Units Final Maturity Base Original Cost Base Book Value Base Net Total Unrealized Gain/
Loss
Base Interest/
Dividend Due
Base Accrued
Balance
Market
Price
Base Market Value Base Market Value +
Accrued
ABS 3,600,000.00 3,600,000.00 12/17/2026 3,450,072.26 3,459,651.18 64,431.18 0.00 6,345.78 98.0892 3,524,082.35 3,530,428.13 AGCY BOND 15,600,000.00 15,600,000.00 03/14/2026 15,613,508.99 15,611,137.92 148,529.85 0.00 125,770.49 101.0310 15,759,667.77 15,885,438.26 CASH 42,644.21 42,644.21 12/31/2023 42,644.21 42,644.21 0.00 0.00 0.00 1.0000 42,644.21 42,644.21 CORP 9,820,000.00 9,820,000.00 08/22/2025 9,466,459.59 9,552,581.80 -53,429.75 0.00 58,654.94 96.8101 9,499,152.05 9,557,806.99 MMFUND 127,119.90 127,119.90 12/31/2023 127,119.90 127,119.90 0.00 1,300.46 0.00 1.0000 127,119.90 127,119.90 MUNI 425,000.00 425,000.00 03/18/2026 425,000.00 425,000.00 1,734.05 0.00 666.30 100.4081 426,734.05 427,400.35 US GOV 42,775,000.00 42,775,000.00 11/09/2025 42,355,594.17 42,500,207.01 -239,947.37 41,343.75 325,400.94 98.8413 42,260,259.64 42,585,660.57 ---72,389,764.11 72,389,764.11 12/15/2025 71,480,399.13 71,718,342.02 -78,682.04 42,644.21 516,838.43 98.7966 71,639,659.97 72,156,498.41 Current Holdings City of Beaumont, CA (257428)
Base Currency: USD As of 12/31/2023 Return to Table of Contents Dated: 01/16/2024 12Page 344 of 494
* Grouped by: Security Type. * Groups Sorted by: Security Type. * Weighted by: Ending Market Value + Accrued. * Holdings Displayed by: Lot.
Security Type 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 ABS LT Asset Backed 3,600,000.00 0.00 0.00 0.00 3,530,428.13 AGCY BOND ---Agency 15,600,000.00 -2,695,871.94 0.00 -27,191.94 15,885,438.26 CASH RCV Cash 42,644.21 0.00 0.00 0.00 42,644.21
CORP ---Industrial 9,820,000.00 0.00 0.00 0.00 9,557,806.99 MMFUND CE Cash 127,119.90 -17,097,383.02 0.00 0.00 127,119.90 MUNI LT Municipal 425,000.00 0.00 0.00 0.00 427,400.35
T-BILL CE Government 0.00 -16,000,000.00 0.00 0.00 0.00 US GOV ---Government 42,775,000.00 -5,121,964.24 0.00 -92,324.98 42,585,660.57 ---------72,389,764.11 -40,915,219.20 0.00 -119,516.92 72,156,498.41 Realized Gain/Loss City of Beaumont, CA (257428)
Base Currency: USD 10/01/2023 - 12/31/2023 Return to Table of Contents Dated: 01/16/2024 13Page 345 of 494
* Grouped by: Security Type. * Groups Sorted by: Security Type. * Weighted by: Ending Base Market Value + Accrued. * Holdings Displayed by: Lot.
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 ABS LT 3,600,000.00 9,578.92 0.00 0.00 25,751.82 0.00 35,330.74 AGCY BOND ---15,600,000.00 5,745.34 0.00 0.00 175,757.30 -4,894.07 149,416.63 CASH RCV 42,644.21 0.00 0.00 0.00 0.00 0.00 0.00
CORP ---9,820,000.00 31,328.75 0.00 0.00 60,563.23 -726.38 91,165.60 MMFUND CE 127,119.90 0.00 0.00 0.00 61,295.52 0.00 61,295.52 MUNI LT 425,000.00 0.00 0.00 0.00 666.30 0.00 666.30
T-BILL CE 0.00 4,658.85 0.00 0.00 0.00 0.00 4,658.85
US GOV ---42,775,000.00 51,171.50 0.00 0.00 300,003.39 -8,734.67 250,115.23 ------72,389,764.11 102,483.34 0.00 0.00 624,037.55 -14,355.12 592,648.85 Income Detail City of Beaumont, CA (257428)
Base Currency: USD 10/01/2023 - 12/31/2023 Return to Table of Contents Dated: 01/16/2024 14Page 346 of 494
* 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.
Issuer Concentration Security Type Ending Base Current Units Ending Effective Maturity
Final Maturity Base Net Market
Unrealized Gain/Loss
Base Net FX Unrealized
Security Gain/Loss
Base Market Value + Accrued % of Base Market
Value + Accrued
United States US GOV 42,225,000.00 11/14/2025 11/14/2025 -221,184.69 0.00 42,054,356.47 59.738% Farm Credit System AGCY BOND 8,500,000.00 04/01/2026 04/01/2026 81,787.93 0.00 8,670,098.70 12.316% Federal Home Loan Banks AGCY BOND 7,100,000.00 02/20/2026 02/20/2026 66,741.92 0.00 7,215,339.56 10.249% Amazon.com, Inc.CORP 1,750,000.00 09/23/2025 09/23/2025 -3,399.91 0.00 1,678,761.95 2.385% Apple Inc.CORP 1,750,000.00 11/21/2025 11/21/2025 -4,331.41 0.00 1,677,513.52 2.383% PACCAR Inc CORP 1,600,000.00 08/11/2025 08/11/2025 -25,928.32 0.00 1,595,551.11 2.266% Deere & Company CORP 1,100,000.00 06/17/2026 06/17/2026 14,250.84 0.00 1,013,465.85 1.440% Chevron Corporation CORP 1,000,000.00 11/15/2024 11/15/2024 -12,052.92 0.00 994,722.67 1.413% Caterpillar Inc.CORP 1,000,000.00 05/13/2025 05/13/2025 -13,003.11 0.00 987,428.21 1.403% Toyota Motor Corporation CORP 1,000,000.00 10/07/2024 10/07/2024 -14,088.30 0.00 980,097.70 1.392% Hyundai Auto Receivables Trust 2023-B ABS 875,000.00 03/15/2027 04/17/2028 18,955.34 0.00 891,923.51 1.267% Discover Financial Services ABS 975,000.00 09/15/2026 09/15/2026 21,964.35 0.00 886,059.11 1.259% Capital One Multi-Asset Execution Trust, Series 2022-3 ABS 875,000.00 10/15/2025 10/15/2025 13,352.18 0.00 879,303.51 1.249% Mercedes-Benz Auto Lease Trust 2023-A ABS 875,000.00 11/15/2025 01/15/2027 10,159.30 0.00 873,142.00 1.240% ------70,625,000.00 12/07/2025 12/18/2025 -66,776.78 0.00 70,397,763.88 100.000% Issuer Concentration (> $550K)City of Beaumont, CA (257428) Base Currency: USD As of 12/31/2023 Return to Table of Contents Dated: 01/16/2024 15Page 347 of 494
* Weighted by: Base Market Value + Accrued.
Yield Base Market Value + Accrued Period Begin Period End Duration Complex Credit Rating
Years to Effective Maturity Years to Final Maturity
5.186 70,443,725.25 10/01/2023 10/07/2023 1.261 AA+1.338 1.338
5.457 70,550,756.74 10/08/2023 10/14/2023 1.388 AA+1.473 1.473
5.177 70,594,113.20 10/15/2023 10/21/2023 1.372 AA+1.456 1.456
5.180 70,716,975.43 10/22/2023 10/28/2023 1.457 AA+1.566 1.594
5.050 70,948,407.53 10/29/2023 11/04/2023 1.444 AA+1.550 1.578
5.195 70,806,141.44 11/05/2023 11/11/2023 1.723 AA+1.853 1.881
5.049 71,068,248.99 11/12/2023 11/18/2023 1.707 AA+1.831 1.859
5.089 71,085,712.87 11/19/2023 11/25/2023 1.688 AA+1.812 1.840
4.765 71,575,143.20 11/26/2023 12/02/2023 1.674 AA+1.794 1.822
4.932 71,464,363.07 12/03/2023 12/09/2023 1.666 AA+1.786 1.814
4.685 71,853,654.68 12/10/2023 12/16/2023 1.650 AA+1.764 1.792
4.447 72,057,663.32 12/17/2023 12/23/2023 1.822 AA+1.951 1.979
4.424 72,152,175.86 12/24/2023 12/30/2023 1.804 AA+1.932 1.960
4.421 72,156,498.41 12/31/2023 12/31/2023 1.803 AA+1.928 1.956 Historical Trends City of Beaumont, CA (257428)
Base Currency: USD 10/01/2023 - 12/31/2023 Return to Table of Contents Dated: 01/16/2024 16Page 348 of 494
Upgrade
Outlook Changed
* Grouped by: Event Type. * Groups Sorted by: Event Type. * Filtered By: Agency ¹ DBRS and Agency ¹ Moodys.
Account Identifier Description Effective Date Agency Old Value New Value Event Type City of Beaumont, CA 713448FW3 PEPSICO INC 11/14/2023 S&P NA A+Upgrade Account Identifier Description Effective Date Agency Old Value New Value Event Type City of Beaumont, CA 3133EPQC2 FEDERAL FARM CREDIT BANKS FUNDING CORP 10/10/2023 Fitch Stable Off Outlook Changed City of Beaumont, CA 3133EPYK5 FEDERAL FARM CREDIT BANKS FUNDING CORP 10/17/2023 Fitch Stable Off Outlook Changed Credit Events City of Beaumont, CA (257428)
Base Currency: USD 10/01/2023 - 12/31/2023 Return to Table of Contents Dated: 01/16/2024 17Page 349 of 494
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
PARS Post-Employment Benefits Trust 12/1/2023 to 12/31/2023 Elizabeth Gibbs
City Manager
City of Beaumont
550 East 6th St.
Beaumont, CA 92223
Account Summary
Source 12/1/2023 Contributions Earnings Expenses Distributions Transfers 12/31/2023 PENSION 1002 $2,554,001.07 $0.00 $122,208.83 $1,213.10 $0.00 $0.00 $2,674,996.80 Totals $2,554,001.07 $0.00 $122,208.83 $1,213.10 $0.00 $0.00 $2,674,996.80 Investment Selection
Source
PENSION
Investment Objective
Source
PENSION
Investment Return
Source 1-Month 3-Months 1-Year 3-Years 5-Years 10-Years PENSION 4.79% 9.30% 14.13% - - - 3/14/2022
Information as provided by US Bank, Trustee for PARS; Not FDIC Insured; No Bank Guarantee; May Lose Value Headquarters - 4350 Von Karman Ave., Suite 100, Newport Beach, CA 92660 800.540 .6369 Fax 949.250.1250 www.pars.org Account balances are inclusive of Trust Administration, Trustee and Investment Management fees Annualized Return
Investment Return: Annualized rate of return is the return on an investment over a period other than one year multiplied or divided to give a comparable one-year return.
Past performance does not guarantee future results. Performance returns may not reflect the deduction of applicable fees, which could reduce returns. Information is deemed reliable but may be subject to change.
Account Report for the Period
Balance as of
Moderate HighMark PLUS
Balance as of
The dual goals of the Moderate Strategy are growth of principal and income. It is expected that dividend and interest income will comprise a significant portion of total return, although growth through capital appreciation is equally important. The portfolio will be allocated between equity and fixed income investments.
Plan's Inception Date
For Institutional Investor or Investment Professional Use Only | See Important Disclosures
PARS DIVERSIFIED PORTFOLIOS
MODERATE
INVESTMENT OBJECTIVE
ANNUAL RETURNS
ASSET ALLOCATION — MODERATE PORTFOLIO
Comprehensive Investment Solution
HighMark® Capital Management, Inc.’s (HighMark)
diversified investment portfolios are designed to
balance return expectations with risk tolerance.
Key features include: sophisticated asset allocation
and optimization techniques, four layers of
diversification (asset class, style, manager, and
security), access to rigorously screened, top tier
money managers, flexible investment options, and
experienced investment management.
Rigorous Manager Due Diligence
Our manager review committee utilizes a rigorous
screening process that searches for investment
managers and styles that have not only produced
above-average returns within acceptable risk
parameters, but have the resources and commitment
to continue to deliver these results. We have set high
standards for our investment managers and funds.
This is a highly specialized, time consuming
approach dedicated to one goal: competitive and
consistent performance.
Flexible Investment Options
In order to meet the unique needs of our clients,
we offer access to flexible implementation strategies:
HighMark Plus utilizes actively managed mutual
funds while Index Plus utilizes index-based
securities, including exchange-traded funds. Both
investment options leverage HighMark’s active asset
allocation approach.
Risk Management
The portfolio is constructed to control risk through
four layers of diversification – asset classes (cash,
fixed income, equity), investment styles (large cap,
small cap, international, value, growth), managers
and securities. Disciplined mutual fund selection and
monitoring process helps to drive return potential
while reducing portfolio risk.
WHY THE PARS DIVERSIFIED
MODERATE PORTFOLIO?
Q3 2023
* Returns less than one year are not annualized. **Breakdown for Blended Benchmark: From 10/1/2012 – Present: 26.5% S&P500, 5% Russell Mid Cap, 7.5% Russell 2000, 3.25% MSCI EM (net), 6% MSCI EAFE (net), 33.50% Bloomberg US Agg, 10% ICE BofA 1-3 Yr US Corp/Gov’t, 1.50% ICE BofA US High Yield Master II, 1.75% Wilshire REIT, and 5% FTSE 1 Mth US T-Bill. From 4/1/2007 – 9/30/2012: the blended benchmark was 43% S&P 500; 2% Russell 2000, 5% MSCI EAFE (net), 15% ICE BofA 1-3 Year Corp./Govt, 30% Bloomberg US Agg, 5% FTSE 1 Mth US T-Bill. Prior to April 2007: the blended benchmark was 50% S&P 500, 15% ICE BofA 1-3Yr Corp/Gov, 30% Bloomberg US Agg, and 5% FTSE 1 Mth US T-Bill.
To provide current income and
moderate capital appreciation.
It is expected that dividend and
interest income will comprise a
significant portion of total return,
although growth through capital
appreciation is equally important.
Strategic Range Policy Tactical
Equity 40 - 60%50%48%
Fixed Income 40 - 60%45%48%
Cash 0 - 20%5%4%
ANNUALIZED TOTAL RETURNS (Gross of Investment Management Fees, but Net of Embedded Fund Fees)
Index Plus Composite (Passive)
Gross Net
Current Quarter*-3.37%-3.46%
Blended Benchmark*,**-2.83%
Year To Date*3.42%3.14%
Blended Benchmark*,**4.46%
1 Year 8.36%7.97%
Blended Benchmark**9.99%
3 Year 1.85%1.48%
Blended Benchmark**2.53%
5 Year 3.63%3.26%
Blended Benchmark**4.12%
10 Year 4.89%4.51%
Blended Benchmark**5.38%
PORTFOLIO FACTS
HighMark Plus (Active)
Composite Inception Date 10/2004
No of Holdings in Portfolio 20
Index Plus (Passive)
Composite Inception Date 05/2006
No of Holdings in Portfolio 13
Efficient Frontier
Risk (Standard Deviation)
Re
w
a
r
d
(
R
a
t
e
o
f
R
e
t
u
r
n
)
Conservative
Moderately Conservative
Moderate
Capital AppreciationBalanced
(Gross of Investment Management Fees, but Net of Embedded Fund Fees)
HighMark Plus Composite (Active)
2008 -22.88%
2009 21.47%
2010 12.42%
2011 0.55%
2012 12.25%
2013 13.06%
2014 4.84%
2015 0.14%
2016 6.45%
2017 13.19%
2018 -4.03%
2019 17.71%
2020 12.92%
2021 9.31%
2022 -14.63%
Index Plus Composite (Passive)
2008 -18.14%
2009 16.05%
2010 11.77%
2011 2.29%
2012 10.91%
2013 12.79%
2014 5.72%
2015 -0.52%
2016 7.23%
2017 11.59%
2018 -4.03%
2019 17.52%
2020 11.23%
2021 10.18%
2022 -14.21%
HighMark Plus Composite (Active)
Gross Net
Current Quarter*-3.02%-3.11%
Blended Benchmark*,**-2.83%
Year To Date*4.30%4.02%
Blended Benchmark*,**4.46%
1 Year 9.22%8.83%
Blended Benchmark**9.99%
3 Year 2.11%1.75%
Blended Benchmark**2.53%
5 Year 3.84%3.46%
Blended Benchmark**4.12%
10 Year 5.06%4.69%
Blended Benchmark**5.38%
HIGHMARK CAPITAL MANAGEMENT
350 California Street
Suite 1600
San Francisco, CA 94104
800-582-4734
ABOUT THE ADVISER
HighMark® Capital Management, Inc. (HighMark) has
over 100 years (including predecessor organizations) of institutional money management experience with $8.6
billion in assets under management*. HighMark has a
long term disciplined approach to money management
and currently manages assets for a wide array of
clients.
ABOUT THE PORTFOLIO MANAGEMENT TEAM
Andrew Brown, CFA®
Senior Portfolio Manager
Investment Experience: since 1994
HighMark Tenure: since 1997
Education: MBA, University of Southern California;
BA, University of Southern California
Salvatore “Tory” Milazzo III, CFA®
Senior Portfolio Manager
Investment Experience: since 2004
HighMark Tenure: since 2014
Education: BA, Colgate University
J. Keith Stribling, CFA®
Senior Portfolio Manager
Investment Experience: since 1985
HighMark Tenure: since 1995
Education: BA, Stetson University
Christiane Tsuda
Senior Portfolio Manager
Investment Experience: since 1987
HighMark Tenure: since 2010
Education: BA, International Christian University, Tokyo Anne Wimmer, CFA®
Senior Portfolio Manager
Investment Experience: since 1987
HighMark Tenure: since 2007
Education: BA, University of California, Santa Barbara
Asset Allocation Committee
Number of Members: 11
Average Years of Experience: 30
Average Tenure (Years): 17
Manager Review Group
Number of Members: 3
Average Years of Experience: 29
Average Tenure (Years): 13
*Assets under management (“AUM”) include assets for which HighMark provides continuous and regular supervisory and management services. As of 6/1/2023 HighMark previously listed Assets under Advisement (“AUA”) are no longer advised by HighMark.
For Institutional Investor or Investment Professional Use Only | See Important Disclosures The performance records shown represent size-weighted composites of tax exempt accounts that meet the following criteria: Accounts are managed by HighMark with full investment authority according to the PARS Moderate active and passive objectives.
The adviser to the PARS portfolios is U.S. Bank, and HighMark serves as sub-adviser to U.S. Bank to manage these portfolios. U.S. Bank may charge clients as much as 0.60% annual management fee based on a sliding scale. U.S. Bank pays HighMark 60% of the annual management fee for assets sub-advised by HighMark under its sub-advisory agreement with U.S. Bank. The 0.36% paid to HighMark, as well as other expenses that may be incurred in the management of the portfolio, will reduce the portfolio’s returns. Assuming an investment for five years, a 5% annual total return, and an annual sub-advisory fee rate of 0.36% deducted from the assets at market at the end of each year, a $10 million initial value would grow to $12.53 million after fees (Net-of-Fees) and $12.76 million before fees (Gross-of-Fees). Gross returns are presented before management and custodial fees but after all trading expenses and reflect the reinvestment of dividends and other income. A client's return will be reduced by the advisory fees and other expenses it may incur as a client. Additional information regarding the firm’s policies and procedures for calculating and reporting performance results is available upon request. Performance results are calculated and presented in U.S. dollars and do not reflect the deduction of investment advisory fees, custody fees, or taxes but do reflect the deduction of trading expenses. Returns are calculated based on trade-date accounting.
Blended benchmarks represent HighMark’s strategic allocations between equity, fixed income, and cash and are rebalanced monthly. Benchmark returns do not reflect the deduction of advisory fees or other expenses of investing but assumes the reinvestment of dividends and other earnings. An investor cannot invest directly in an index. The unmanaged S&P 500 Index is representative of the performance of large companies in the U.S. stock market. The MSCI EAFE Index is a free float-adjusted market capitalization index designed to measure developed market equity performance, excluding the U.S. and Canada. The MSCI Emerging Markets Index is a free float-adjusted market capitalization index that is designed to measure equity market performance in the global emerging markets. The Russell Midcap Index measures the performance of the mid-cap segment of the U.S. equity universe. The Russell 2000 Index measures the performance of the small-cap segment of the U.S. equity universe. The ICE BofA U.S. High Yield Master II Index tracks the performance of below investment grade U.S. dollar-denominated corporate bonds publicly issued in the U.S. domestic market. Wilshire REIT index measures U.S. publicly traded Real Estate Investment Trusts. The unmanaged Bloomberg U.S. Aggregate Bond Index is generally representative of the U.S. taxable bond market as a whole. The ICE BofA 1-3 Year U.S. Corporate & Government Index tracks the bond performance of the ICE BofA U.S. Corporate & Government Index, with a remaining term to final maturity less than 3 years. The unmanaged FTSE 1-Month U.S. Treasury Bill Index tracks the yield of the 1-month U.S. Treasury Bill.
HighMark Capital Management, Inc. (HighMark) is an investment adviser registered with the U.S. Securities and Exchange Commission and a subsidiary of U.S. Bank National Association ("U.S. Bank"). U.S. Bank is a separate entity and subsidiary of U.S. Bancorp. U.S. Bank is not responsible for and does not guarantee the products, services or performance of HighMark. HighMark manages institutional separate account portfolios for a wide variety of for-profit and nonprofit organizations, public agencies, and public and private retirement plans. Individual account management and construction will vary depending on each client's investment needs and objectives. U.S. Bank provides certain services to HighMark and is compensated for these services. Investments employing HighMark strategies 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. 350 California Street
Suite 1600
San Francisco, CA 94104
800.582.4734
www.highmarkcapital.com
HOLDINGS
STYLE
Small Cap
6.6%
Interm-Term Bond
41.9%
Mortgage Backed Securities
3.0%
U.S. Treasury
Bond
3.0%
Large Cap Core
13.8%
Large Cap Growth
5.4%
Mid Cap
5.4%
Intl Stocks
9.4%
Cash
3.7%
Large Cap Value
6.2%
Real Estate
1.6%
Holdings are subject to change at the
discretion of the investment manager.
HighMark Plus (Active)Index Plus (Passive)
Columbia Contrarian Core I3 iShares Core S&P 500 ETF
Vanguard Growth & Income Adm iShares S&P 500 Value ETF
Dodge & Cox Stock Fund iShares S&P 500 Growth ETF
iShares S&P 500 Value ETF iShares Russell Mid-Cap ETF
Harbor Capital Appreciation - Retirement Vanguard Real Estate ETF iShares S&P 500 Growth ETF iShares Russell 2000 Value ETF iShares Russell Mid-Cap ETF iShares Russell 2000 Growth ETF Vanguard Real Estate ETF iShares Core MSCI EAFE ETF
Undiscovered Managers Behavioral Value-R6 Vanguard FTSE Emerging Markets ETF Emerald Growth Fund-I iShares MBS ETF
DFA Large Cap International Portfolio iShares U.S. Treasury Bond ETF Dodge & Cox International Stock iShares Core U.S. Aggregate MFS International Growth - R6 First American Government Obligations Z Hartford Schroders Emerging Markets Eq
iShares MBS ETF
iShares U.S. Treasury Bond ETF
Dodge & Cox Income-I
PGIM Total Return Bond - R6
DoubleLine Core Fixed Income - I
First American Government Obligations Z
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
DATE February 6, 2024
SUBJECT: FY2023-2024 2nd Quarter City Manager Purchases and Contract Awards
Description Quarterly report pursuant to Beaumont Municipal Code Sections
3.01.030(B), and 3.01.050(B).
Background and Analysis:
Pursuant to Beaumont Municipal Code Sections 3.01.030(B), 3.01.040(B) and
3.01.050(B), Informal Bidding Procedures, the City Manager shall report to the City Council, purchases and contract approvals respective to each code section. This informal bidding process allows the City Manager to authorize and approve Professional Services Agreements and contracts up to $75,000 and up to $200,000 for maintenance and general services, public projects, and materials supplies and equipment. Attached is a complete report for the second quarter of Fiscal Year 2023/24 purchases and contract awards authorized by the City Manager using the informal bidding process.
Fiscal Impact:
The estimated cost to prepare this report is $250.
Recommended Action:
Receive and file report.
Attachments:
A. Purchase Order Summary Report – Goods Below $200,000 and Services Below $75,000
PO Number Total Issue Date Vendor Name Description Outstanding Department Name Requested By Commodity 23/241756 58,290.28$ 12/28/2023 EXP US SERVICES, INC Professional Engineering Services 58290.28 PUBLIC WORKS Sue Foxworth
Services
23/241755 49,300.00$ 12/19/2023 MARISCAL PAINTING CRC Interior Paint 49300 COMMUNITY SERVICES/PARKS
AND RECREATION
Matthew Mendoza Services
23/241754 74,880.00$ 12/15/2023 DOPUDJA & WELLS CONSULTING INC.Evaluation of outside sales of recycled water
74880 SEWER OPERATIONS
Shannon Doyle
Services
23/241753 10,266.81$ 12/13/2023 GENERAC POWER SYSTEMS INC ES Generac Emergency Rental 0 SEWER OPERATIONS Sunshine Sanchez Services 23/241752 11,863.28$ 12/13/2023 CALIFORNIA WOOD RECYCLING INC Agromin - SB 1383 Compost 100 11863.28 PUBLIC WORKS Sue Foxworth
Goods
23/241751 13,640.00$ 12/12/2023 NEW IMAGE AUTO BODY Paint 2 new PD vehicles (ISF replacements)
0 POLICE DEPARTMENT
Tara Chamberlain
Services
23/241750 24,762.00$ 12/06/2023 BEAUMONT BASIN WATERMASTER BEAUMONT BASIN
WATERMASTER
0 SEWER OPERATIONS
Sunshine Sanchez
Services
23/241749 41,514.00$ 12/06/2023 STATE WATER RESOURCES CONTROL BOARD ANNUAL PERMIT FEE 0 SEWER OPERATIONS Sunshine Sanchez Services 23/241748 16,496.91$ 12/06/2023 STRESSCRETE Concrete Pole Assembly 16496.91 PUBLIC WORKS Sue Foxworth Goods 23/241747 9,244.95$ 12/06/2023 TRAFFIC AND PARKING CONTROL CO., INC Red Blinker Stop Signs 9244.95 PUBLIC WORKS Sue Foxworth Goods 23/241746 39,102.48$ 12/06/2023 BRAGG INVESTMENT COMPANY INC GB108 Grader Blade 39102.48 PUBLIC WORKS Sue Foxworth Goods 23/241745 17,261.96$ 12/05/2023 BRUCE E. MIHELICH INC Vehicle Outfitting for Transit and Comm Services
17261.96 ADMINISTRATION
Matthew Mendoza
Goods
23/241742 184,564.00$ 12/04/2023 AUTOCAR LLC 12 Yard Dump Truck 184564 PUBLIC WORKS Sue Foxworth Goods 23/241744 9,348.00$ 12/01/2023 AGILEBITS INC 1Password - PASSWORD
MANAGEMENT SYSTEM
0 I.T.
Jaime Salas
services
23/241741 13,639.44$ 11/30/2023 CLASS ACTS AUTOBODY Paint (2) patrol vehicles (new)0 POLICE DEPARTMENT Tara Chamberlain Services 23/241740 11,310.34$ 11/30/2023 LEE'S AUTO BODY Paint (2) patrol vehicles (new)0 POLICE DEPARTMENT Tara Chamberlain Services 23/241739 98,488.89$ 11/28/2023 DISPENSING TECHNOLOGY CORPORATION Thermoplastic Trailer 98488.89 PUBLIC WORKS Sue Foxworth Goods 23/241743 30,000.00$ 11/27/2023 INLAND VALLEY SLADDEN, INC Sladden Engineering - Soils Testing
30000 PUBLIC WORKS
Sue Foxworth
Services
23/241738 14,401.66$ 11/27/2023 SOUTHERN CONTRACTING COMPANY Upper Oak LS Service Call 0 SEWER OPERATIONS Sunshine Sanchez Goods 23/241737 74,551.00$ 11/27/2023 ALBERT A. WEBB ASSOCIATES Webb Associates for Construction Management
74551 PUBLIC WORKS
Sue Foxworth
Services
23/241733 14,220.00$ 11/16/2023 SCG - SPICER CONSULTING GROUP, LLC SCG STAX Property Finder Application Support
13035 FINANCE AND BUDGET
Jennifer Ustation
Services
23/241732 10,266.81$ 11/13/2023 GENERAC POWER SYSTEMS INC ES Generac Emergency Rental 0 SEWER OPERATIONS Sunshine Sanchez Services 23/241731 27,500.00$ 11/13/2023 FLOCK GROUP INC Flock cameras 3333.33 POLICE DEPARTMENT Tara Chamberlain Goods 23/241725 55,650.00$ 11/07/2023 TOM DODSON & ASSOCIATES 2nd Street - NEPA Professional Services
55650 PUBLIC WORKS
Sue Foxworth
Services
23/241724 32,862.80$ 11/07/2023 TOM BELL INC CSO vehicle (#2 of 2)0 POLICE DEPARTMENT Tara Chamberlain Goods 23/241726 7,800.00$ 11/06/2023 ARROWHEAD FENCE, INC.Stetson Park Fencing 7800 PARKS Matthew Mendoza Services 23/241728 99,480.51$ 11/01/2023 MOTOROLA Mobile radios for 12 new cars (6- ISF; 6-PD)
882.98 POLICE DEPARTMENT
Tara Chamberlain
Goods
23/241717 109,531.44$ 10/25/2023 GLOBAL POWER SUPPLY, LLC GLOBAL POWER GENERATOR 14117.19 SEWER OPERATIONS Sunshine Sanchez
Goods
23/241716 32,450.19$ 10/24/2023 TOM BELL INC PD CSO Vehicle #1 of 2 0 POLICE DEPARTMENT Tara Chamberlain Goods 23/241715 10,890.21$ 10/23/2023 GENERAC POWER SYSTEMS INC ES Generac Emergency Rental 623.4 SEWER OPERATIONS Sunshine Sanchez Services 23/241719 3,000.00$ 10/19/2023 JZ STRUCTURAL Structural Inspections for Fire Station
0 PUBLIC WORKS Sue Foxworth Services
23/241713 7,400.00$ 10/19/2023 MARK THOMAS & COMPANY, INC Support Services - Task 1 7400 PUBLIC WORKS Sue Foxworth Services 23/241703 15,320.00$ 10/18/2023 TRANTEX TRANSPORTATION PRODUCTS OF TEXAS Thermoplastic Equipment - Circular Grinder
15320 PUBLIC WORKS
Sue Foxworth
Goods
23/241702 34,995.05$ 10/18/2023 PACIFIC PRODUCTS AND SERVICES LLC Thermoplastic Equipment, Paint and Stencils
0 PUBLIC WORKS
Sue Foxworth
Goods
23/241735 20,000.00$ 10/17/2023 CROSSTOWN ELECTRICAL & DATA, INC Crosstown for street Light hit by cars (TC)
20000 STREET MAINTENANCE
Sue Foxworth
Goods
23/241712 5,880.00$ 10/17/2023 AMERICAN HYDROSEED SOIL BINDER 0 SEWER OPERATIONS Sunshine Sanchez Services 23/241708 62,230.33$ 10/16/2023 GOSCH Ford F150 Replacement Vehicle 0 PARKS Matthew Mendoza
Goods
23/241707 87,951.67$ 10/16/2023 DEKRA-LITE IND.,INC.Holiday Light Decorations 0 COMMUNITY SERVICES/PARKS
AND RECREATION
Matthew Mendoza
Goods
23/241701 48,875.00$ 10/16/2023 SGH ARCHITECTS Professional Services - SGH for City Hall Renovati
26881.25 PUBLIC WORKS
Sue Foxworth
Services
23/241700 12,100.00$ 10/16/2023 HEMET FENCE CORP Hemet Fence 0 FACILITY MAINTENANCE Matthew Mendoza Services
23/241699 10,750.00$ 10/16/2023 SENORIAL MEXICAN RESTAURANT INC Senorial Grease Trap Funding Request
0 ECONOMIC DEVELOPMENT
Kyle Warsinski
Services
23/241698 11,489.81$ 10/16/2023 INNOVATIVE PLAYGROUNDS COMPANY, INC Playground Equipment 0 PARKS Matthew Mendoza Goods 23/241697 53,391.93$ 10/13/2023 NIXON EGLI EQUIPMENT COMPANY HAMM Dual Drum Roller 0 PUBLIC WORKS Sue Foxworth Goods 23/241696 27,719.23$ 10/13/2023 CRAFCO, INC Graco ThermoLazer 200TC 0 STREET MAINTENANCE Sue Foxworth Goods 23/241721 24,000.00$ 10/12/2023 BABCOCK LABORATORIES, INC WWTP- ANALYTICAL SERVICES 17520.69 SEWER OPERATIONS Sunshine Sanchez
Services
23/241695 5,340.00$ 10/12/2023 APGN INC / APG NEUROS CORE DIAGNOSTIC & REPAIR 5340 SEWER OPERATIONS Sunshine Sanchez Services 23/241714 20,000.00$ 10/11/2023 PROPS AV, LLC State of the City video productions 0 COMMUNICATIONS Julie Van Hook
Services
23/241689 15,350.00$ 10/11/2023 STC TRAFFIC, INC STC for Traffic Engineering 15350 PUBLIC WORKS Sue Foxworth Services 23/241688 8,678.56$ 10/11/2023 TROJAN TECHNOLOGIES GROUP ULC Hydraulic Cylinders 0 SEWER OPERATIONS Sunshine Sanchez Goods 23/241687 2,124.00$ 10/11/2023 TROJAN TECHNOLOGIES GROUP ULC Hydraulic Cylinder Services 0 SEWER OPERATIONS Sunshine Sanchez Services 23/241686 12,736.81$ 10/10/2023 GENERAC POWER SYSTEMS INC ES Generac Emergency Rental 0 SEWER OPERATIONS Sunshine Sanchez Goods 23/241710 23,061.73$ 10/05/2023 GLOBAL EQUIPMENT COMPANY INC PUrchase of Lockers and Tables for Building B
20012.32 POLICE DEPARTMENT
Marcedes McFayden
Goods
23/241694 12,527.37$ 10/05/2023 DREAMSEATS, LLC Purchase of Equipment for Station 66 12527.37 FIRE DEPARTMENT
Marcedes McFayden
Goods
23/241690 102,448.00$ 10/05/2023 GREEN TRUCKING SOLUTIONS Grounds Crew - Box / Chipper Truck
0 PARKS Matthew Mendoza Goods
23/241704 74,999.00$ 10/03/2023 Z & K CONSULTANTS, INC.Z&K Consultants for Engineering Services
74999 PUBLIC WORKS
Sue Foxworth
Services
23/241693 50,000.00$ 10/03/2023 A&S, LLC Plan Review Project 44200 SEWER OPERATIONS Sunshine Sanchez Services 23/241692 22,238.65$ 10/03/2023 SPORTS EQUIPMENT INSTALLATION, INC Basketball Hoops Receptacle and Powerstick
0 COMMUNITY SERVICES/PARKS
AND RECREATION
Matthew Mendoza
Goods
23/241691 28,425.00$ 10/03/2023 TD SPORTS, INC Pickleball System Installation 14212 COMMUNITY SERVICES/PARKS
AND RECREATION
Matthew Mendoza
Services
23/241683 7,754.10$ 10/02/2023 EVODC LLC HPE Renewal: HPE NS
HARDWARE AND SOFTWARE
SUPPORT
0 I.T.
Jaime Salas
Services
$7,429,077.73 $5,382,099.34
Staff Report
TO: City Council
FROM: Lisa Leach, CPA, Assistant Finance Director
DATE February 6, 2024
SUBJECT: Merchant Services Agreement
Description Agreement with Open Edge Payments, LLC for a term of 3 years.
Background and Analysis:
Over the past couple of years, the City has invested in technology that allows its customers to pay online with credit cards, reducing walk in payments by check. Due to this option, credit card fees have steadily increased. Fina nce staff began a review of the credit card fees, contacted the City’s current provider Open Edge Payments, LLC and negotiated rates.
The new proposal reduced credit card fees from .59% to .38%, the per transaction fee from 15 cents to 10 cents, as well as eliminated the authorization fees, originally charged at 8 cents per transaction. Open Edge estimates that the lower rates will save the city 23%, an annual savings of $66,000.
During the search for a new bank, Wells Fargo prepared a proposal for me rchant services with a rate of .25%. During further discussion with Wells Fargo there was a level of doubt that the gateway used by Wells Fargo would be able to integrate with the City’s accounting software, Tyler Accounting System. Finance staff determined that the cost of staff time to move to Wells Fargo and the potential technological challenges would pose a risk at this time.
The Merchant Services Agreement was reviewed by the Finance and Audit Committee on January 25, 2024. The Committee recommended that the agreement with Open Edge Payments, LLC be forwarded to City Council for approval.
The proposed agreement has been reviewed and approved by legal counsel.
Fiscal Impact:
Potential total savings of the contract for a 3-year term of $198,000.
Recommended Action:
Review and approve the Merchant Services Agreement accepting the 3-year proposal agreement with Open Edge Payments, LLC and authorize the City Manager to sign the agreement.
Attachments:
A. Open Edge Payments, LLC Merchant Services Agreement
B. Open Edge Rate Review
Client Offer –GPD v3.2022 Page 1 of 1 CONFIDENTIAL
CLIENT SATISFACTION OFFER
Merchant Name or DBA Name: BEAUMONT, CA, BEAUMONT, CA (“Merchant”) Merchant ID(s): 8788242969011, 8788242969555 (“MID” or “MIDs”) Date: 01/12/2024
OPENEDGE PAYMENTS LLC (“OpenEdge”), a Global Payments company, values its merchant clients and strives to create mutually beneficial, long-term relationships with them. To that end, OpenEdge offers you, the Merchant, the following terms on behalf of its affiliate, Global Payments Direct, Inc. (“Global Direct”). Accepting this offer will modify your Card Services Agreement (the “Agreement”) with Global Direct in accordance with the adjustments listed below (the “Amended Rates”). Capitalized terms not defined herein shall have the meaning given in the Agreement.
Amended Rates
Lower Discount Rate to 0.38%
Lower Per Item Fee to 0.10
Lower Risk Assessment Fee to 0.10% with 0.10
Lower Settlement Funding Fee to 0.10% with 0.10
See Side by Side for Full Details
Contract Term
The Amended Rates will become effective on the first day of the calendar month of the Effective Date so long as th is Client Satisfaction Offer is executed and received by Global Direct by the 15th of the calendar month, otherwise the Amended Rates will be effective on the first day of the calendar month following the Effective Date. The Amended Rates are subject to the terms and conditions of the current version of the Agreement. All fees, rates, charges and other terms not otherwise revised per this Client Satisfaction Offer remain in full force and effect.
Merchant agrees to extend the term of the Agreement for 36 months from the last date of execution below (the “Effective Date”). This time period will be referred to as the “Extended Term”. At the expiration of the Extended Term, the Agreement will automatically renew as per the terms of the Agreement for successive one-year periods (each a “Renewal Term”, and collectively with the Initial Term and the Extended Term, the “Term”).
Merchant agrees to pay the following account closure fees per terminating MID upon early termination of the Agreement: (a) $500.00 if terminated with more than 12 months remaining in the Term; or (b) $250.00 if terminated with 12 or fewer months remaining in the Term, or such portion of the foregoing as may be permitted by applicable law.
All other terms and conditions of the Agreement remain unchanged. This Client Satisfaction Offer and the details contained herein are confidential and may not be disclosed, displayed, or otherwise transmitted to any third party except to attorneys, accountants or other professional advisers as may be necessary to effect the purposes of this letter between the parties. By signing below, each party acknowledges that it has carefully read and fully understood this amendment, and each agrees to be bound by the terms of this amendment.
OPENEDGE PAYMENTS LLC BEAUMONT, CA, BEAUMONT, CA
Signed By:_____________________________________________________ Signed By: ______________________________________________________ Name: _________________________________________________________ Name: __________________________________________________________ Title: __________________________________________________________ Title: ____________________________________________________________ Date: ________________ Date: ____________________________________________________________
Rate review based on processing month:
Rates subject to change.
2 Locations Review 1/9/2024
x
Card Charge # $ % Per Total % Per Total
Type Type Trans Sales Disc Item Fees Disc Item Fees Savings AMEX Qualified 115 13,654.93 0.591% 0.1348 96.26 0.380% 0.1000 63.39 32.87 AMEX Qualified 2 6,304.52 0.595% 0.1550 37.81 0.380% 0.1000 24.16 13.65 DISC Qualified 43 6,091.97 0.592% 0.1347 41.86 0.380% 0.1000 27.45 14.41 DSBS Qualified 6 575.96 0.590% 0.1300 4.18 0.380% 0.1000 2.79 1.39 DDBT Qualified 1 103.86 0.587% 0.1300 0.74 0.380% 0.1000 0.49 0.25 DSPM Qualified 9 1,239.17 0.594% 0.1467 8.68 0.380% 0.1000 5.61 3.07 VISA Qualified 8 2,612.91 0.600% 0.1800 17.12 0.380% 0.1000 10.73 6.39 VISA Qualified 1 210.81 0.588% 0.1300 1.37 0.380% 0.1000 0.90 0.47 VISA Qualified 60 5,346.36 0.590% 0.1300 39.34 0.380% 0.1000 26.32 13.02 VISA Qualified 5 586.46 0.600% 0.1800 4.42 0.380% 0.1000 2.73 1.69 VIBS Qualified 21 2,392.89 0.590% 0.1300 16.85 0.380% 0.1000 11.19 5.66 VIBS Qualified 61 96,743.78 0.595% 0.1480 584.81 0.380% 0.1000 373.73 211.08 VIBS Qualified 1 408.00 0.600% 0.1800 2.63 0.380% 0.1000 1.65 0.98 VIBS Qualified 123 26,880.89 0.593% 0.1410 176.70 0.380% 0.1000 114.45 62.25 VIBS Qualified 1 146.44 0.601% 0.1800 1.06 0.380% 0.1000 0.66 0.40 VIBS Qualified 1 105.94 0.604% 0.1800 0.82 0.380% 0.1000 0.50 0.32 VIBS Qualified 6 2,474.66 0.590% 0.1300 15.38 0.380% 0.1000 10.00 5.38 VIBS Qualified 1 320.28 0.599% 0.1800 2.10 0.380% 0.1000 1.32 0.78 VDBT Qualified 49 4,863.04 0.600% 0.1800 38.00 0.380% 0.1000 23.38 14.62 VDBT Qualified 6 23.41 0.598% 0.1800 1.22 0.380% 0.1000 0.69 0.53 VDBT Qualified 11 405.96 0.591% 0.1300 3.83 0.380% 0.1000 2.64 1.19 VDBT Qualified 10 891.25 0.600% 0.1800 7.15 0.380% 0.1000 4.39 2.76 VDBT Qualified 468 48,371.16 0.590% 0.1300 346.23 0.380% 0.1000 230.61 115.62 VDBT Qualified 2,598 269,360.72 0.591% 0.1356 1,945.23 0.380% 0.1000 1,283.37 661.86 VDBT Qualified 21 94.91 0.601% 0.1800 4.35 0.380% 0.1000 2.46 1.89 VISP Qualified 33 13,132.52 0.600% 0.1800 84.74 0.380% 0.1000 53.20 31.54 VISP Qualified 596 59,616.06 0.590% 0.1300 429.21 0.380% 0.1000 286.14 143.07 VISP Qualified 12 1,443.94 0.600% 0.1800 10.82 0.380% 0.1000 6.69 4.13 VISP Qualified 4 520.71 0.590% 0.1300 3.59 0.380% 0.1000 2.38 1.21 VINF Qualified 15 2,304.26 0.600% 0.1800 16.53 0.380% 0.1000 10.26 6.27 VINF Qualified 222 20,240.60 0.590% 0.1300 148.28 0.380% 0.1000 99.11 49.17 VINF Qualified 4 197.56 0.602% 0.1800 1.91 0.380% 0.1000 1.15 0.76 VIPP Qualified 1 255.00 0.588% 0.1300 1.63 0.380% 0.1000 1.07 0.56 VIPP Qualified 3 603.21 0.600% 0.1800 4.16 0.380% 0.1000 2.59 1.57 VIPP Qualified 22 2,590.78 0.590% 0.1300 18.15 0.380% 0.1000 12.04 6.11 VISG Qualified 42 4,199.21 0.590% 0.1300 30.24 0.380% 0.1000 20.16 10.08 VISG Qualified 2 101.08 0.603% 0.1800 0.97 0.380% 0.1000 0.58 0.39 VIBT Qualified 9 6,567.29 0.600% 0.1800 41.02 0.380% 0.1000 25.86 15.16 VIBT Qualified 14 3,147.28 0.590% 0.1300 20.39 0.380% 0.1000 13.36 7.03 VIBT Qualified 1 179.10 0.597% 0.1800 1.25 0.380% 0.1000 0.78 0.47 VBT5 Qualified 10 6,407.90 0.600% 0.1800 40.25 0.380% 0.1000 25.35 14.90 VBT5 Qualified 38 15,327.99 0.590% 0.1300 95.38 0.380% 0.1000 62.05 33.33 VBT5 Qualified 2 4,189.52 0.600% 0.1800 25.50 0.380% 0.1000 16.12 9.38 VIBE Qualified 8 2,694.19 0.600% 0.1800 17.61 0.380% 0.1000 11.04 6.57 VIBE Qualified 29 3,256.41 0.590% 0.1300 22.98 0.380% 0.1000 15.27 7.71 VISB Qualified 3 1,920.07 0.600% 0.1800 12.06 0.380% 0.1000 7.60 4.46 VISB Qualified 12 1,686.42 0.590% 0.1300 11.51 0.380% 0.1000 7.61 3.90 MC Qualified 1 9.44 0.636% 0.1300 0.19 0.380% 0.1000 0.14 0.05 MC Qualified 13 1,771.80 0.591% 0.1338 12.21 0.380% 0.1000 8.03 4.18 MC Qualified 1 94.42 0.593% 0.1300 0.69 0.380% 0.1000 0.46 0.23 MCBS Qualified 11 1,567.46 0.593% 0.1391 10.83 0.380% 0.1000 7.06 3.77 MCBS Qualified 59 45,510.18 0.592% 0.1402 277.87 0.380% 0.1000 178.84 99.03 MCBS Qualified 2 198.28 0.590% 0.1300 1.43 0.380% 0.1000 0.95 0.48 MCBS Qualified 1 94.42 0.593% 0.1300 0.69 0.380% 0.1000 0.46 0.23 MDBT Qualified 6 45.90 0.588% 0.1383 1.10 0.380% 0.1000 0.77 0.33 MDBT Qualified 177 18,402.90 0.591% 0.1356 132.84 0.380% 0.1000 87.63 45.21 MDBT Qualified 462 47,069.66 0.591% 0.1353 340.81 0.380% 0.1000 225.06 115.75 MCWC Qualified 43 4,002.59 0.591% 0.1358 29.50 0.380% 0.1000 19.51 9.99 MWEL Qualified 6 49.02 0.592% 0.1383 1.12 0.380% 0.1000 0.79 0.33 MWEL Qualified 176 20,533.82 0.591% 0.1328 144.74 0.380% 0.1000 95.63 49.11 MCEC Qualified 60 6,401.57 0.592% 0.1392 46.25 0.380% 0.1000 30.33 15.92 MCBW Qualified 2 2,122.10 0.590% 0.1300 12.78 0.380% 0.1000 8.26 4.52 MBWE Qualified 9 1,401.55 0.590% 0.1300 9.44 0.380% 0.1000 6.23 3.21 MCPP Qualified 2 22.44 0.579% 0.1800 0.49 0.380% 0.1000 0.29 0.20 MCPP Qualified 12 1,371.29 0.593% 0.1425 9.84 0.380% 0.1000 6.41 3.43 MCEB Qualified 3 1,142.51 0.597% 0.1467 7.26 0.380% 0.1000 4.64 2.62 MCHV Qualified 26 2,588.32 0.591% 0.1338 18.78 0.380% 0.1000 12.44 6.34 MBL5 Qualified 10 11,208.04 0.595% 0.1550 68.21 0.380% 0.1000 43.59 24.62 VIBS Return 1 61.20 0.605% 0.1800 0.55 0.380% 0.0000 0.23 0.32 MDBT Return 1 323.26 0.591% 0.1300 2.04 0.380% 0.0000 1.23 0.81 Fee GP Fee ‐ Risk Assessment Fee 5,792 806,399.09 0.211% 0.1349 2,485.72 0.100% 0.1000 1,385.60 1100.12 Fee Settlement Funding Fee 5,792 806,399.09 0.199% 0.3556 3,665.05 0.100% 0.1000 1,385.60 2279.45 AMEX Auth Fees 213 0.00 0.00% 0.0800 17.04 0.00% 0.0000 0.00 17.04 DISC Auth Fees 102 0.00 0.00% 0.0800 8.16 0.00% 0.0000 0.00 8.16 DISC Auth Fees 3 0.00 0.00% 0.0800 0.24 0.00% 0.0000 0.00 0.24 VISA Auth Fees 2 0.00 0.00% 0.0800 0.16 0.00% 0.0000 0.00 0.16 VISA Auth Fees 558 0.00 0.00% 0.0800 44.64 0.00% 0.0000 0.00 44.64 VISA Auth Fees 159 0.00 0.00% 0.0800 12.72 0.00% 0.0000 0.00 12.72 MC Auth Fees 1,908 0.00 0.00% 0.0800 152.64 0.00% 0.0000 0.00 152.64 MC Auth Fees 132 0.00 0.00% 0.0800 10.56 0.00% 0.0000 0.00 10.56 MC Auth Fees 50 0.00 0.00% 0.0800 4.00 0.00% 0.0000 0.00 4.00 Statement Totals 5,792 806,399.09 ‐24,471.25 18,920.52 ‐ ‐‐‐x ‐‐‐ ‐
‐TOTAL POTENTIAL MONTHLY SAVINGS $5,550.73
‐POTENTIAL YEARLY SAVINGS $66,608.81 ‐
‐PERCENTAGE SAVINGS 23%‐
‐‐
‐SAVINGS FROM QUARTERLY FEES 0.00 ‐
‐‐This is a summary of proposed rate and fee changes
CURRENT RATES PROPOSED RATES
CITY OF BEAUMONT ‐ RETAIL SEWER ‐ BEAUMONT, CA
October-23
Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE February 6, 2024
SUBJECT: Adoption of the City of Beaumont 2024 Legislative Platform
Description Annual review and adoption of the City’s legislative platform and policies.
Background and Analysis:
Each year, City Council reviews and updates the City’s legislative platform. The purpose of a legislative platform is to establish City Council’s position on various legislative topics and issues. This will allow City staff as well as the City’s representatives to act quickly on behalf of the City when legislation is proposed which either agrees or conflicts with the City’s position as described in the platform.
With regard to specific issues not included in the legislative platform, no official City position will be established until City Council discusses the topic and comes to a consensus.
Guiding principles of the legislative platform remain the same as in previous years and are as follows:
I. PRESERVE LOCAL CONTROL
Preserve and protect the City’s powers, duties and prerogatives to enact local legislation and policy direction concerning local affairs and oppose legislation that preempts local authority. Local agencies should preserve authority and accountability for revenues raised and services provided.
II. PROMOTE FISCAL STABILITY
Support measures that promote fiscal stability, predictability, financial independence, and preserve the City’s revenue base and maximum local control over local government budgeting. Oppose measures that shift local funds to the County, State or Federal Governments and/or make cities more dependent on the County, State or Federal Governments for financial stability, such as unfunded mandates or mandated costs with no guarantee of local reimbursement or offsetting benefits.
III. SUPPORT FUNDING OPPORTUNITIES
Support opportunities that allow the City to compete for its fair share of regional, state and federal funding. Support funding for programs with combined benefits to air quality, water quality, affordable housing, infrastructure (including multi-modal transportation systems), public safety and public health.
IV. ENHANCE QUALITY OF LIFE THROUGH ADEQUATE PUBLIC SAFETY Reform recently enacted criminal justice laws — enacted by both statute and initiative — that have eroded public safety protections of Beaumont residents. Protect existing City authority to deliver local emergency services.
The platform policy statements have been paired down from previous years and cover following areas:
1. Administration
2. Community and Economic Development
3. Water and Wastewater
4. Parks and Recreation
5. Public Safety
6. Public Works (Transportation and Infrastructure)
7. Finance
Staff will work with the City’s State lobbyist to compose a legislative tracking list for the current year along with any carryover bills from the previous session. The tracking will highlight those bills that may have significant impacts on the City and provide a recommended position on the bills. These positions will be used to either support, oppose, or monitor each bill as it makes it way though the legislative process.
Fiscal Impact:
The cost to prepare this staff report is approximately $100.
Recommended Action:
Hold discussion and approve the City’s 2024 Legislative Platform.
Attachments:
A. 2024 Legislative Platform
1 CITY OF BEAUMONT
2024 LEGISLATIVE PLATFORM
PURPOSE
The City of Beaumont’s 2024 Legislative Platform confirms the City Council’s position on current issues with the potential to directly or indirectly, impact the City. The platform establishes guidelines for actively pursuing support or opposition of pending legislation. Below are the Guiding Principles which will allow City staff to address 2024 legislative and regulatory issues in a timely manner, without precluding the consideration of additional legislative and budget issues that may arise during the legislative session.
GUIDING PRINCIPLES
I. PRESERVE LOCAL CONTROL
Preserve and protect the City’s powers, duties and prerogatives to enact local legislation and policy direction concerning local affairs and oppose legislation that preempts local authority. Local agencies should preserve authority and accountability for revenues raised and services provided.
II. PROMOTE FISCAL STABILITY
Support measures that promote fiscal stability, predictability, financial independence, and preserve the City’s revenue base and maximum local control over local government budgeting. Oppose measures that shift local funds to the County, State or Federal Governments and/or make cities more dependent on the County, State or Federal Governments for financial stability, such as unfunded mandates or mandated costs with no guarantee of local reimbursement or offsetting benefits.
III. SUPPORT FUNDING OPPORTUNITIES
Support opportunities that allow the City to compete for its fair share of regional, state and federal funding.
Support funding for programs with combined benefits to transportation, public safety and water/wastewater.
IV. ENHANCE QUALITY OF LIFE THROUGH ADEQUATE PUBLIC SAFETY
Reform recently enacted criminal justice laws — enacted by both statute and initiative — that have eroded public safety protections of Beaumont residents. Protect existing city authority to deliver local emergency services.
2 POLICY STATEMENTS
Administration
• Oppose State or Federal efforts to “borrow” local revenues and encourage the State to find other methods of balancing its budget
• Support local government action, rather than the imposition of state, federal or regional mandates upon local governments, as well as federal mandates placed on the state.
• Oppose any amendment to the redistribution of sales and use taxes which will negatively affect the City and its ability to provide city services and thereby cause a negative fiscal impact
Community and Economic Development
• Support economic development initiatives that preserve and enhance a positive business climate and maintain and grow the business tax base
• Maintain an equitable program for the continued disbursement of sales and use taxes which reflect local impacts on various communities
• Oppose policies requiring a single power source
• Support legislation that allows local governments to continue to retain full authority to reject projects or to condition project approvals and impose mitigation measures
• Oppose measures to withhold funding dedicated to transportation funding unless proposed housing goals are being met
• Oppose measures which would undermine established general plan, zoning and housing documents
• Oppose measures which undermine the planning vision of local government and contradict the expectations of our community, which includes projects mitigation their impacts
Water and Wastewater
• Support and monitor legislation that would increase the availability of, and funding for, water conservation, water reuse technologies, water recycling, local water storage and other water supply technologies such as the Groundwater Replenishment System project
• Support legislation that requires water providers to service housing projects that meet RHNA and or other housing mandates
• Support the availability of funding for wastewater service providers and biosolids producers to address PFAS and other contaminants of emerging concern
Parks and Recreation
• Support legislation and funding opportunities (e.g. federal and state park grant funds, conservancy grant funds, project mitigation funds, etc.) that helps cities build better, stronger communities by providing funding to improve air, water, parks, open space, natural resources, historic preservation, the arts and cultural resources
Public Safety
• Recruitment and Education - continue to engage in the development of modernized educational requirements for CA law enforcement. Support all efforts to develop and recruit diverse police candidates
• Increase in Crime - prioritize policies that protect the public and ensure well-resourced public safety officers are given the tools to be successful in protecting our communities. Work with coalition partners to continue educating the public on the impacts of Proposition 47, and work collaboratively towards a legislative solution.
• Peace Officer Mental Health and Wellness - support funding for programs to improve peace officers’ mental health and wellness and supports regular mental health and wellness checks for peace officers
3 • Mental Health Crises - support improving law enforcement’s response to those in crisis – especially individuals with severe mental illness and substance abuse disorders, respond using highly trained co-deployment teams with capabilities that match the need.
• Training - Improve subject matters and modalities for training and support increased funding for law enforcement training.
• Fentanyl – The ongoing fentanyl crisis continues to impact communities across California, the consequences of which are devastating. CPCA will prioritize support for legislation that increases accountability of those responsible for the sale and distribution of fentanyl, public awareness of the crisis, resources for law enforcement to address the impacts, and treatment and services for those addicted to this deadly substance.
• Addressing Threats Against Schools, Places of Worship, and More – Ongoing threats made against schools, religious institutions, hospitals, and other fixed targets have continued to demand a swift law enforcement response whenever they occur, especially in the face of recurring mass shooting events. However, California Penal Code does not qualify a threat against a school, building, or a place of worship as a “criminal threat.”
• Community Service Officers: Introduction of Hearsay Testimony – Agencies who have hired non-sworn civilian community service officers (CSOs) to handle low-level calls are facing issues as those CSOs are not included in existing law that allows sworn officers to introduce hearsay statements at preliminary hearing
Public Works (Transportation and Infrastructure)
• Support legislation that would increase funding for local, sub-regional or regional transportation projects
• Support protection of dedicated transportation-related tax revenues
• Support commuter public transportation hubs to be located in areas where there will be a large public benefit
Finance
• Support policies that encourage fiscal responsibility at the federal, state and local level
• Support enhancement of municipalities flexibility to finance public projects economically and efficiently
• Oppose efforts that reduce local revenues or future opportunities for local revenue
Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE February 6, 2024
SUBJECT: Public Hearing and Consideration of Amendments to Beaumont Municipal Code Chapter 5.64 Peddlers and Chapter 5.66 Sidewalk Vending
Description Proposed amendments to Beaumont Municipal Code Chapter 5.64 Peddlers and Chapter 5.66 Sidewalk Vending to ensure public health, safety and welfare.
Background and Analysis:
On November 21, 2023, the City Council held a meeting regarding its current street vendor ordinance (Chapter 5.64 “Peddlers,” and Chapter 5.66 “Sidewalk Vending”), including proposed amendments recommended by the City Attorney and Staff. During that meeting, the City Council requested certain amendments/clarifications be made to the draft Ordinance for consideration.
Per City Council request, the draft ordinance (attached as Exhibit “A”), does the following:
Prohibits stationary sidewalk vendors from vending in areas that are zoned exclusively residential. (Govt. Code § 51038(b)(4)(B).) Under State law, the City cannot prohibit roaming sidewalk vending in residential areas; however, it can prohibit stationary sidewalk vendors from operating in residential zones. Clarifies that the hours of operation in non-residential areas shall not be more restrictive than the hours of operation imposed on other businesses or uses on the same street (Govt. Code § 51038(c)(1)), and that the limitations on public property are to the fullest extent permitted by law.
Prohibits stationary sidewalk vendors from vending in the park where the operator of the park has signed an agreement for concessions with the City that exclusively permits the sale of food or merchandise by the concessionaire. (Govt.
Code § 51038(b)(2)(A).)
Prohibits sidewalk vendors in areas located within 200 feet of a permitted certified farmers’ market, or permitted swap meet, during the duration of the market or swap meet, or an event held pursuant to a Temporary Special Permit
during the duration of the event, provided the City provides the sidewalk vendors any notice, business interruption mitigation, or other rights the City provided to any affected business or property owners under the City’s Temporary Special Permit. (Govt. Code § 51038(d)(1) and (d)(2).)
Adds applicable definitions.
In addition to the above, City Council requested proposed amendments be added permitting the impoundment of vending carts and equipment under specified circumstances. State statutes proscribe what enforcement procedures local jurisdictions may implement for violations of street vendor programs, such as the Ordinance.
Specifically, Government Code § 51039 states, as relevant:
(1) A violation of a local authority’s sidewalk vending program that complies with Section 51038 is punishable only by the following:
(A) An administrative fine not exceeding one hundred dollars ($100) for a first violation.
(B) An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation. (C) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. (2) A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations. (3) (A) If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph (1):
(i) An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.
(ii) An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation. (iii) An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation.
Nothing in the state law expressly allows a local jurisdiction to impound carts, equipment, or merchandise for violations of a street vendor ordinance or permit program. Although several jurisdictions have implemented procedures for impounding sidewalk vendor carts, equipment, perishable goods, etc., such ordinances have been somewhat controversial, and importantly, have not yet been tested in court. Thus, it is unclear whether impoundment would be enforceable under current law. In December 2023, a lawsuit was filed by street vendors against the City of Fontana related to its street vending ordinance, alleging that the City engaged in discriminatory practices that included discarding vendors’ food and using excessive force. In light of this ongoing litigation, the City Attorney would recommend taking a wait and see approach before
implementing any such impoundment provisions. Nevertheless, to the extent Council requests impoundment language be added now, the following may be added at Section
5.66.170, with or without change.
5.66.170 Impoundment.
A. The City may impound a sidewalk vendor’s vending cart, food, equipment, utensils, goods and/or merchandise (“Materials”) as follows:
1. The Materials are abandoned.
a. Materials shall be considered abandoned if any of the following conditions are met:
i. A City official observes such materials unattended on public property for a period of at least one consecutive hour. A City official may satisfy the one-hour observation period by placing a marking on or attaching a notice to the Materials, and then observing and documenting that marking or notice is undisturbed after the passage of at least one hour. ii. The vender affirmatively disavows ownership of the Materials. The placement of Materials in the care of another does not constitute abandonment.
b. An enforcement officer may impound such abandoned Materials only after the enforcement officer has made a reasonable attempt to locate the owner of such Materials at the time the enf orcement officer first observes the unattended Materials.
c. Prior to impoundment, any person claiming ownership of the unattended Materials may recover and retain such items on site for vending purposes upon providing a valid vendor permit. Such a vendor may be cited for leaving Materials unattended in violation of this Chapter.
2. The Materials are displayed, offered, or made available by a vendor who does not possess a valid City permit, or is otherwise operating in violation of this Chapter, and the Vendor has previously received three or more citations under this Chapter within the prior 24-month period.
3. The Materials are creating an imminent and substantial danger or environmental hazard to the health, safety and welfare of the public or property at the location of the vending cart, including but not limited to, vending in a manner that blocks or obstructs the free movement of pedestrians on sidewalks, or failing to maintain the minimum distances required by this Chapter and/or State or Federal law; discharge of oil, grease or other slippery substances on the street or sidewalk without any effort to maintain best management practices; using
unapproved portable cooking equipment, heating element, gas-fueled appliance, generator, or any open flame; during an urgent or emergency public safety event or incident; lack of a fire extinguisher.
4. Materials are impounded as evidence of a crime or booked as property after the arrest of any Vendor involving any City, county, state or federal law or regulation.
Such Materials shall be stored and released in accordance with the procedures set forth in the California Penal Code and/or other applicable state law.
B. Except in the case of abandoned Materials, at the time of impoundment, the City official shall provide to the vendor a receipt that includes the date and time the Materials were impounded and a complete description of the impounded Materials, including any perishable items and the storage of which raise health or safety concerns. The receipt shall also include instructions of how to reclaim the impounded Materials and notify the Vendor that failure either to reclaim the Materials during the 90-day holding period or timely appeal the impoundment may result in forfeiture of the impounded Materials to the City.
C. In the case of abandoned Materials, at the time of impoundment, the City official shall document the date, time period, and location the abandoned Materials were observed, the circumstances that support the City official’s finding of abandonment, any reasonable attempt to locate the owner of such Materials, and a complete description of the Materials, including any perishable items and the storage of which raise health or safety concerns. This documentation shall be maintained by the City with the impounded Materials. If the City official does not have knowledge of the owner of the impounded Materials, the City sha ll make reasonable efforts to identify the owner. If the owner is identified or otherwise known, the City shall mail, by first class mail, the official’s documentation regarding the impounded Materials, as well as instructions of how to reclaim the impound ed Materials and notify the Vendor that failure either to reclaim the Materials during the 90-day holding period or timely appeal the impoundment may result in forfeiture of the impounded Materials to the City.
D. City Retention of Impounded Materials. Im pounded Materials shall be held by the City for a period of at least 90 days. Unless a person claiming ownership has timely appealed or reclaimed the impounded Materials as provided for herein, the impounded Materials will be forfeited to the City after th e expiration of the 90-day holding period. Notwithstanding the foregoing, the City may immediately dispose of impounded Materials that are perishable and/or the storage of such Materials raises health or safety concerns.
E. Reclaiming Impounded Materials. Prior to the expiration of the 90-day holding period, or before any appeal related to the impoundment becomes final, any person claiming ownership of Materials that have been impounded may reclaim such Materials upon payment of impound fees, as may be set by City Council by
resolution; prior proof of ownership; and a vending permit valid as of the date the Materials were impounded. Owners may recover impounded goods without showing a vending permit valid as of the dates the Materials were impounded, but may be subject to citation for vending without a permit.
F. Appeals. Any person claiming ownership of impounded Materials may contest the impoundment by filing a timely appeal with Administrative Appeals Board.
Impounded Materials that are the subject of a timely appeal shall be held by the City until the later of (a) the expiration of the 90 -day holding period, or (b) the appeal, including any judicial review, becoming final. Thereafter, provided the impoundment is upheld on appeal and/or the Materials are not reclaimed, the impounded Materials will be forfeited to the City.
G. Materials Forfeited to the City. After impounded Materials have been forfeited to the City, the City may dispose of such Materials in its sole discretion.
Fiscal Impact:
The cost to prepare the staff report and ordinance amendments is approximately $1,500.
Recommended Action:
Hold a Public Hearing; and
Waive the first full reading and approve by title only, “An Ordinance of the City Council of the City of Beaumont California Amending Chapter 5.64 Peddlers of the Beaumont Municipal Code”; and
Waive the first full reading and approve by title only, “An Ordinance of the City Council of the City of Beaumont California Amending Chapter 5.66 Sidewalk Vending of the Beaumont Municipal Code”.
Attachments:
A. Ordinance
B. Chapter 5.64 Peddlers Redline
C. Chapter 5.66 Sidewalk Vending Redline
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BEAUMONT, CALIFORNIA, AMENDING BEAUMONT
MUNICIPAL CODE CHAPTER 5.64 “PEDDLERS,” AND
CHAPTER 5.66 “SIDEWALK VENDING”
THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 2. Prosecution of Prior Ordinances. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City of Beaumont Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof.
SECTION 3. City Code Chapter 5.64, Section 5.64.010 “Definitions” is amended to read as follows:
5.64.010 Definitions.
For purposes of this Chapter, the following definitions apply unless the context in which they are used clearly requires otherwise:
“Certified Farmers Market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
"Chief of Police" means the Chief of Police of the City or his or her designee. “City” means the City of Beaumont.
"Director" means the Planning Director of the City or his or her designee. "Food" means any type of raw, cooked, or processed edible substance, including any food product or beverage.
"Merchandise" means goods, wares, merchandise, meats, fish, vegetables, fruits, farm products, or prepared foods.
"Peddler" shall mean any person, traveling by foot, automotive vehicle, or any other type of conveyance from place to place, house to house, or from street to street carrying, conveying, or transporting merchandise and offering and exposing the same for sale, or making sales and delivering articles to purchasers, or any person who traveling from place to place, shall sell or offer for sale such merchandise from an automotive vehicle, or other vehicle or conveyance; or any
person who solicits orders and as a separate transaction makes deliveries to purchaser. "Peddler" shall not include a person engaged in, conducting or carrying on the business of vending on a sidewalk, pursuant to a valid permit issued pursuant to Chapter 5.66. “Swap Meet” means a location operated in accordance with Article 6 (commending with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
"Temporary special permit" means a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, outdoor concerts, festivals, carnivals, and street fairs. "Vend" or "vending" means to barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase, food or merchandise, or to require someone to negotiate, establish, or pay a fee before providing food or merchandise, even if characterized as a donation.
SECTION 4. City Code Chapter 5.64, Section 5.64.150 “Operating requirements” is amended to read as follows:
5.64.150 Operating requirements.
A. Except as otherwise permitted in this Chapter or the Municipal Code, no peddler shall vend in the following locations:
1. To the fullest extent permitted by law, any public property, including, without limitation, streets, alleys, and City-owned parking structures;
2. Within 100 feet of a police officer, firefighter, or emergency medical personnel who is actively performing his or her duties or providing services to the public;
3. Within 100 feet of a street intersection or traffic signal;
4. Within 15 feet of a fire hydrant, fire call box, police call box, traffic signal controller, or streetlight controller;
5. Within ten feet of any driveway or driveway approach;
6. Within ten feet of a marked crosswalk;
7. Within ten feet of the curb return of an unmarked crosswalk;
8. Within any median strip or dividing section;
9. Within 200 feet of a Police Station or Fire Station.
10. Within 200 feet of a Certified Farmers Market or Swap Meet during the limited operating hours of that Certified Farmers Market or Swap Meet.
11. Within 200 feet of an event held pursuant to a Temporary Special Permit during the limited duration of that special event, provided the City provides the peddler any notice, business interruption mitigation, or other rights the City provided to any affected business or property owners under the City’s Temporary Special Permit.
B. Vending is permitted only between the hours of 8:00 a.m. and 9:00 p.m. or one-half hour after sunset, whichever comes first, except that the hours of operation in non-residential areas shall not be more restrictive than the hours of operation imposed on other businesses or uses on the same street.
C. Peddlers shall possess at all times, while vending, a copy of a valid current permit issued pursuant to this Chapter, as well as any other permit required by any other appropriate governmental agency. The peddler shall display a copy of the permit upon request by authorized City employees.
D. If a peddler of food, the peddler shall possess and display in plain view on a valid current mobile food facility permit from Riverside County Department of Public Health and, if issued by the Riverside County Department of Environmental Health, a grade.
E. Peddlers shall comply with all applicable state and local laws, as amended from time to time, including without limitation, Chapter 9.02 (Noise Control) of the Municipal Code, Chapter
9.36 (Panhandling, Soliciting and Aggressive Solicitation the Municipal Code (Aggressive Solicitation), Chapter 8.04 (Food Handlers) of the Municipal Code, applicable California Health and Safety Code and Riverside County Ordinances, state Food labeling and preparation requirements, fire codes and regulations, and the Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards (both state and federal).
F. Peddlers shall not engage in any of the following activities:
1. Vending lottery tickets, alcohol, cannabis, adult oriented material, or tobacco or electronic cigarette products;
2. Vending illegal or counterfeit merchandise;
3. Damaging public or private property, including trees, shrubs, grass, flowers, plants or vegetation;
4. Causing vehicles to stop in traffic lanes or persons to stand in traffic lanes or parking spaces; or
5. Vending in a manner that blocks or obstructs the free movement of vehicles, including parked vehicles.
6. Where food of any kind is dispensed from a vehicle, pushcart or other conveyance, shall maintain a clearly designated litter receptacle in the immediate vicinity, marked with a sign requested use by patrons; and provided further, prior to leaving the location, shall pick up, remove, and dispose of all trash or refuse which consists of materials originally dispensed by that person, including any packages or containers, or parts thereof, used with or for dispensing such food.
SECTION 5. City Code Chapter 5.66, Section 5.66.010 “Definitions” is amended to read as follows:
5.66.010 Definitions.
For purposes of this Chapter, the following definitions apply unless the context in which they are used clearly requires otherwise:
“Certified Farmers Market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
“Chief of Police” means the Chief of Police of the City or his or her designee. “City” means the City of Beaumont.
“Director” means the Planning Director of the City or his or her designee. “Fire Station” means any facility where fire engines and other equipment of the City’s Fire Department are housed.
“Food” means any type of raw, cooked, or processed edible substance, including any food product or beverage.
“Merchandise” means any tangible goods or items that are not food. “Park” shall mean any park open to the public located within the City and includes all sidewalks and parking lots located within or on the perimeter of a public park. “Police station” means any facility where police vehicles and other equipment of the City’s Police Department are housed.
“Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
“Sidewalk” means a public sidewalk or paved pedestrian path or walkway specifically designed for pedestrian travel.
“Sidewalk vendor” means a person who vends from a vending cart or from one’s person, upon a sidewalk.
“Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. “Swap Meet” means a location operated in accordance with Article 6 (commending with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
“Temporary special permit” means a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, outdoor concerts, festivals, carnivals, and street fairs. “Vend” or “vending” means to barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase, food or merchandise, or to require someone to negotiate, establish, or pay a fee before providing food or merchandise, even if characterized as a donation. “Vending cart” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for vending, that is not a vehicle as defined in the California Vehicle Code.
SECTION 6. City Code Chapter 5.66, Section 5.66.150 “Operating requirements” is amended to read as follows:
5.66.150 Operating requirements.
A. Except as otherwise permitted in this Chapter or the Municipal Code, no sidewalk vendor shall vend in any of the following locations:
1. To the fullest extent permitted by law, any public property other than a sidewalk, including, without limitation, streets, alleys, and City-owned parking structures;
2. Within 200 feet of any other sidewalk vendor;
3. Within 100 feet of a police officer, firefighter, or emergency medical personnel who is actively performing his or her duties or providing services to the public;
4. Within 100 feet of a street intersection or traffic signal;
5. Within 15 feet of a fire hydrant, fire call box, police call box, traffic signal controller, or streetlight controller;
6. Within ten feet of any driveway or driveway approach;
7. Within ten feet of a marked crosswalk;
8. Within ten feet of the curb return of an unmarked crosswalk;
9. Within any median strip or dividing section;
10. Within 200 feet of a Police Station or Fire Station.
11. Within 200 feet of a Certified Farmers Market or Swap Meet during the limited operating hours of that Certified Farmers Market or Swap Meet.
12. Within 200 feet of an event held pursuant to a Temporary Special Permit during the limited duration of that special event, provided the City provides the sidewalk vendors any notice, business interruption mitigation, or other rights the City provided to any affected business or property owners under the City’s Temporary Special Permit.
13. If a stationary sidewalk vendor, within any residential zone of the City. The prohibition of stationary sidewalk vendors in residential zones shall in no way be construed to and expressly does not permit a roaming sidewalk vendor to operate within a residential zone of the City without a City permit.
14. If a stationary sidewalk vendor, within any Park with a concession stand operated by a vendor under agreement for concessions with the City that exclusively permits the sale of food or merchandise by the concessionaire.
B. Sidewalk vendors must at all times maintain a clearance within a sidewalk sufficient to enable persons to freely pass while walking, running, or using mobility assistance devices.
C. Sidewalk vending is permitted only between the hours of 8:00 a.m. and 9:00 p.m. or one-half hour after sunset, whichever comes first, except that the hours of operation in non-residential areas shall not be more restrictive than the hours of operation imposed on other businesses or uses on the same street.
D. If a sidewalk vendor of food other than solely prepacked food, the vendor shall possess hand sanitizer for use by the sidewalk vendor and patrons.
E. If a stationary sidewalk vendor, the vendor shall maintain a clearly designated litter receptacle in the immediate vicinity, marked with a sign requesting use by patrons. The litter receptacle must be large enough to accommodate customer litter without resort to existing litter receptacles located on any block for use by the general public. The vendor's litter receptacle may not be left on the sidewalk upon leaving any vending location.
F. If a roaming sidewalk vendor vending from a vending cart, the vendor shall maintain a litter receptacle attached to the vending cart large enough to accommodate customer litter without resort to existing litter receptacles located on any block for use by the general public and marked with a sign requesting use by patrons.
G. Sidewalk vendors shall maintain a neat, sanitary, hazard and trash-free ten foot radius of the vending location during hours of operation, and prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all litter generated by the vending operations within a ten foot radius of the vending location in the sidewalk vendor's litter receptacle. Sidewalk vendors shall not throw, deposit, or leave, or permit to be thrown, deposited, or left, any litter, food, or other discarded or abandoned objects, in or upon any street, sidewalk, gutter, storm drain, inlet, catch basin, or other drainage structure, or upon any public or private land in the City, so that the same might be or become a pollutant.
H. Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vending activities that falls on public property.
I. If a stationary sidewalk vendor remains in place for one hour or longer, the sidewalk vendor must be located within 300 feet of a publicly-accessible restroom.
J. Sidewalk vendors must ensure that food and merchandise are securely fastened to the vending cart in such a manner that the food or merchandise does not fall off or extend outside of the frame of the vending cart.
K. All food and merchandise shall be stored either inside or affixed to the vending cart or carried by the sidewalk vendor.
L. To the fullest extent permitted by law, vending carts shall not be placed on any public property other than a sidewalk.
M. Vending carts shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to poles, signs, trees, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers, or other objects on public property or in the public right-of-way.
N. All signage and advertising related in any way to the sidewalk vendor must be attached to the vending cart or the sidewalk vendor's person, and shall not be electrical, flashing, wind- powered or animated.
O. A vending cart approved by the Riverside County Department of Environmental Health to vend one type or types of food may not be used to vend a different type of food.
P. Sidewalk vendors shall possess at all times, while vending, a copy of a valid current permit issued pursuant to this Chapter, as well as any other permit required by any other appropriate
governmental agency. The sidewalk vendor permit shall be displayed conspicuously at all times on the vending cart or the sidewalk vendor's person. If multiple sidewalk vendors are staffing a vending cart or working as roaming sidewalk vendors, each person shall wear their permit on their person in a conspicuous manner. With respect to all other required permits, the sidewalk vendor shall display a copy of the permit upon request by authorized City employees.
Q. If a sidewalk vendor of food, the vendor shall possess and display in plain view on the vending cart a valid current mobile food facility permit from Riverside County Department of Public Health and, if issued by the Riverside County Department of Environmental Health, a grade.
R. Sidewalk vendors shall comply with all applicable state and local laws, as amended from time to time, including without limitation, Chapter 9.02 (Noise Control) of the Municipal Code, Chapter 9.36 (Panhandling, Soliciting and Aggressive Solicitation the Municipal Code (Aggressive Solicitation), Chapter 8.04 (Food Handlers) of the Municipal Code, applicable California Health and Safety Code and Riverside County Ordinances, state Food labeling and preparation requirements, fire codes and regulations, and the Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards (both state and federal).
S. Not including an attached litter receptacle, vending carts shall not exceed a length of four feet, a width of four feet, or a height, including a roof, umbrella, or awning, of ten feet provided that any umbrella or awning shall be no less than seven feet above the surface of the sidewalk.
T. Vending carts shall not be accompanied by accessories, including, but not limited to, tables, chairs, benches and umbrellas except that one chair and one umbrella may be provided for the purpose of allowing the vendor or an employee to be seated in shade.
U. Vending carts for merchandise, if stored in the City, shall be fully enclosed by a structure with walls and a roof when not in use for sidewalk vending.
V. Vending carts for food shall be stored in accordance with all requirements of the Riverside County Department of Public Health and the City's Health Department.
W. Vending carts shall have locking wheels to prevent uncontrolled movement.
X. Vending carts shall not be left unattended.
Y. Vending carts shall not be left overnight on any public property or rights-of-way.
Z. Sidewalk vendors shall not engage in any of the following activities:
1. Vending lottery tickets, alcohol, cannabis, adult oriented material, or tobacco or electronic cigarette products;
2. Vending illegal or counterfeit merchandise;
3. Damaging public or private property, including trees, shrubs, grass, flowers, plants or vegetation;
4. Causing vehicles to stop in traffic lanes or persons to stand in traffic lanes or parking spaces; or
5. Vending in a manner that blocks or obstructs the free movement of vehicles, including parked vehicles.
SECTION 7. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont, California, approves an amendment to the City Code.
INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 6th day of February, 2024, by the following roll call vote:
AYES:
NOES
ABSENT
ABSTAIN
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the ______ day of ________________, 2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
David Fenn, Mayor
Attest: ______________________
Elaine Morgan, City Clerk
TITLE 5 - BUSINESS TAXES, LICENSES AND REGULATIONS
Chapter 5.64 PEDDLERS
Beaumont, California, Code of Ordinances Created: 2023-05-25 08:14:05 [EST] (Supp. No. 7, Update 3)
Chapter 5.64 PEDDLERS1
5.64.010 Definitions.
For purposes of this Chapter, the following definitions apply unless the context in which they are used clearly requires otherwise:
“Certified Farmers Market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
"Chief of Police" means the Chief of Police of the City or his or her designee. “City” means the City of Beaumont.
"Director" means the Planning Director of the City or his or her designee. "Food" means any type of raw, cooked, or processed edible substance, including any food product or beverage.
"Merchandise" means goods, wares, merchandise, meats, fish, vegetables, fruits, farm products, or prepared foods.
"Peddler" shall mean any person, traveling by foot, automotive vehicle, or any other type of conveyance from place to place, house to house, or from street to street carrying, conveying, or transporting merchandise and offering and exposing the same for sale, or making sales and delivering articles to purchasers, or any person who traveling from place to place, shall sell or offer for sale such merchandise from an automotive vehicle, or other vehicle or conveyance; or any person who solicits orders and as a separate transaction makes deliveries to purchaser. "Peddler" shall not include a person engaged in, conducting or carrying on the business of vending on a sidewalk, pursuant to a valid permit issued pursuant to Chapter 5.66. “Swap Meet” means a location operated in accordance with Article 6 (commending with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article. "Temporary special permit" means a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, outdoor concerts, festivals, carnivals, and street fairs.
"Vend" or "vending" means to barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase, food or merchandise, or to require someone to negotiate, establish, or pay a fee before providing food or merchandise, even if characterized as a donation.
(Ord. No. 1110 , § 3, 9-3-2019)
1Ord. No. 1110 , § 3, adopted Sept. 3, 2019, repealed the former Ch. 5.64, §§ 5.64.010—5.64.220, and enacted a new Ch. 5.64 as set out herein. The former Ch. 5.64 pertained to commercial peddlers, solicitors and itinerant merchants and derived from Ord. No. 992, § 2, adopted May 3, 2011.
Formatted: Font: Not Italic
Formatted: Font: Italic
Created: 2023-05-25 08:14:05 [EST]
(Supp. No. 7, Update 3)
5.64.020 Permit required.
No person shall engage in, conduct, or carry on the business of vending as a peddler without a permit issued under the provisions of this Chapter.
( Ord. No. 1110 , § 3, 9-3-2019)
5.64.030 Permit application.
Every person, prior to engaging in, conducting, or carrying on the business of a peddler, shall file an application for a permit with the Director or his or her designee, accompanied by a nonrefundable processing fee in an amount established by resolution of the City Council. The application shall be in a form prescribed by the Director and shall contain, at a minimum, the following:
A. The legal name, current mailing address and telephone number of the applicant; B. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal;
C. A copy of a California's driver's license or identification number, an individual taxpayer identification number, or a social security number. The number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order; D. A description of the merchandise;
E. A current valid California seller's permit number pursuant to Section 6067 of the California Revenue and Taxation Code;
F. If a vendor of food, a food handler certificate issued by the Riverside County Department of Environmental Health and other applicable requirements of the County.
G. An agreement by the applicant to indemnify and hold harmless the City, its officers and employees, for any damage or injury caused to the City as a result of the peddler conduct or activity; H. Certification by the applicant, under penalty of perjury, that the information contained in the application is true to his or her knowledge and belief; and I. Any other reasonable information regarding the time, place, and manner of the proposed peddler activities.
J. The applicant's consent to a fingerprint check by the Chief of Police or his designee.
Applications for permits shall be filed a minimum of 30 days prior to the date requested for issuance of the permit.
Renewal permit applications shall be filed a minimum of 30 days prior to the expiration of any existing permit. ( Ord. No. 1110 , § 3, 9-3-2019)
5.64.040 Issuance of permit.
The Director or his designee shall grant a peddler permit within ten days after receiving the completed application and proof of a valid City business license if he or she finds that all of the following requirements have been met:
A. The business license fees have been paid.
Created: 2023-05-25 08:14:05 [EST]
(Supp. No. 7, Update 3)
B. The application conforms in all respects to the provisions of this Chapter.
C. The applicant has not made a material misrepresentation of fact in the application.
D. The applicant has not had a similar permit or license denied or revoked by the City within one year prior to the date of the application.
E. The applicant has not been convicted, during the three-year period immediately preceding the issuance of the permit, of any offenses involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, business or activity as a peddler.
F. The applicant has obtained any other applicable City or county permits, including any City or county health permit required for the preparation and sale of food products.
G. The applicant has obtained a valid City business license and paid the appropriate business license fee. ( Ord. No. 1110 , § 3, 9-3-2019)
5.64.050 Denial of permit.
If the Director or his designee finds that all the requirements of Section 5.64.060 of the Municipal Code have not been met, he or she shall deny the application for the peddler permit. Written notification of denial of the permit application, setting forth the grounds for denial, shall be served on the applicant by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the applicant at his or her mailing address as set forth in the permit application. Notice of denial of the application shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. ( Ord. No. 1110 , § 3, 9-3-2019)
5.64.060 Conditions imposed on permit.
Any person issued a permit pursuant to this Chapter shall comply with all operating requirements that are imposed as part of the permit pursuant to Sections 5.64.150 and 5.64.160 of this Chapter. ( Ord. No. 1110 , § 3, 9-3-2019)
5.64.070 Permit expiration.
A permit issued pursuant to this Chapter shall be effective for a period of one year from the date of issuance. ( Ord. No. 1110 , § 3, 9-3-2019)
5.64.080 Permits nontransferable.
No permit issued pursuant to this Chapter shall be transferable. ( Ord. No. 1110 , § 3, 9-3-2019)
Created: 2023-05-25 08:14:05 [EST]
(Supp. No. 7, Update 3)
5.64.090 Revocation of permit.
The Director may revoke a permit issued under this Chapter for any of the following reasons:
A. The permitee has made a material misrepresentation in the application.
B. The permitee has committed violations of this Chapter on four or more separate days; C. The permittee has failed to maintain the insurance required by this Chapter; D. The permitee has failed to comply with applicable federal, state or local laws and regulations; E. The permitee has conducted the vending in a manner which endangers the public health or safety.
F. The permitee's conviction at any time of an offense involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, peddler business or activity. ( Ord. No. 1110 , § 3, 9-3-2019)
5.64.100 Notice of hearing and grounds for revocation.
Prior to the revocation of a permit issued under this Chapter, the permittee shall be notified in writing of the grounds for the revocation of the permit and a hearing shall be held thereon. Written notification of revocation of the permit, setting forth the grounds for the revocation, shall be served on the permitee by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the permittee at his or her mailing address as set forth in the permit application. Notice of revocation of the permit shall be deemed to have been served on the date it is personally served on the permitee or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. Notice of the hearing shall be given in accordance with Chapter 1.17 of the Municipal Code to the permittee at least ten days prior to the hearing.
( Ord. No. 1110 , § 3, 9-3-2019)
5.64.110 Emergency temporary suspension of permit.
Where the conduct or the activity of the permittee creates an imminent peril to the public health or safety, a permit issued pursuant to this Chapter may be summarily suspended upon notice to the permittee, provided that the permittee shall be entitled to a hearing within three days thereafter and any emergency suspension shall not exceed 15 days pending a hearing under Section 5.64.100. ( Ord. No. 1110 , § 3, 9-3-2019)
5.64.120 Conduct of hearing on suspension or revocation.
The Director shall conduct a hearing and make the determination on the suspension or revocation of a permit. The Director may promulgate rules of procedure for such hearings, which shall recognize the right of the permittee to be heard and to call witnesses on the permittee's behalf. ( Ord. No. 1110 , § 3, 9-3-2019)
Created: 2023-05-25 08:14:05 [EST]
(Supp. No. 7, Update 3)
5.64.130 Decision of hearing on suspension or revocation.
The decision of the Director shall be rendered within ten days of the close of the hearing. The decision shall be in writing and shall set forth the findings and reasons for the decision, and the permittee shall be notified in writing of his or her right to appeal to the Hearing Officer as set forth in Section 5.64.140. ( Ord. No. 1110 , § 3, 9-3-2019)
5.64.140 Appeal to Hearing Officer.
A. Any applicant for a permit under this Chapter, or a permittee, shall have the right to appeal from a decision by the Director to deny a permit application or to revoke a permit, by filing with the City Clerk a written notice of appeal, specifying the grounds for such appeal, within 15 days after the decision has been served on the applicant or permittee. Such appeal shall be heard by the Hearing Officer, as designated by the City Council from time to time, or by an administrative hearing officer designated by or at the request of the Hearing Officer, upon not less than 15 days' written notice to the appellant. The Hearing Officer, as the designated administrative hearing officer, shall consider all relevant evidence at the hearing, continue the hearing for good cause, and require such legal briefing as may be required to address any issues raised by the appeal. Within a reasonable time, but not more than 30 days following the conclusion of the hearing, the Hearing Officer or the designated administrative hearing officer shall issue a written decision affirming, denying or modifying the decision from which the appeal was taken, supported by factual findings and determinations referenced by supporting evidence. The decision of the Hearing Officer or designated administrative hearing officer shall be final. The written decision shall be served on the appellant as provided in Code of Civil Procedure section 1094.6(b), with a copy submitted to the City Clerk. The written decision shall include a notice to the appellant that the decision is subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure section 1094.6. If a timely appeal is filed, any revocation shall be stayed pending the decision of the Hearing Officer. Otherwise, the revocation shall become effective immediately upon expiration of the period for filing an appeal.
B. No person whose permit is finally denied or revoked shall be eligible to apply for a new permit for a period of one year following such final action.
( Ord. No. 1110 , § 3, 9-3-2019)
5.64.150 Operating requirements.
A. Except as otherwise permitted in this Chapter or the Municipal Code, no peddler shall vend in the following locations:
1. To the fullest extent permitted by law, Aany public property, including, without limitation, streets, alleys, and City-owned parking structures;
2. Within 100 feet of a police officer, firefighter, or emergency medical personnel who is actively performing his or her duties or providing services to the public;
3. Within 100 feet of a street intersection or traffic signal;
4. Within 15 feet of a fire hydrant, fire call box, police call box, traffic signal controller, or streetlight controller;
5. Within ten feet of any driveway or driveway approach;
6. Within ten feet of a marked crosswalk;
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(Supp. No. 7, Update 3)
7. Within ten feet of the curb return of an unmarked crosswalk;
8. Within any median strip or dividing section;
9. Within 200 feet of a Police Station or Fire Station.
10. Within 200 feet of a Certified Farmers Market or Swap Meet during the limited operating hours of that Certified Farmers Market or Swap Meet.
11. Within 200 feet of an event held pursuant to a Temporary Special Permit during the limited duration of that special event, provided the City provides the peddler any notice, business interruption mitigation, or other rights the City provided to any affected business or property owners under the City’s Temporary Special Permit.
B. Vending is permitted only between the hours of 8:00 a.m. and 9:00 p.m. or one-half hour after sunset, whichever comes first, except that the hours of operation in non-residential areas shall not be more restrictive than the hours of operation imposed on other businesses or uses on the same street.
C. Peddlers shall possess at all times, while vending, a copy of a valid current permit issued pursuant to this Chapter, as well as any other permit required by any other appropriate governmental agency. The peddler shall display a copy of the permit upon request by authorized City employees.
D. If a peddler of food, the peddler shall possess and display in plain view on a valid current mobile food facility permit from Riverside County Department of Public Health and, if issued by the Riverside County Department of Environmental Health, a grade.
E. Peddlers shall comply with all applicable state and local laws, as amended from time to time, including without limitation, Chapter 9.02 (Noise Control) of the Municipal Code, Chapter 9.36 (Panhandling, Soliciting and Aggressive Solicitation the Municipal Code (Aggressive Solicitation), Chapter 8.04 (Food Handlers) of the Municipal Code, applicable California Health and Safety Code and Riverside County Ordinances, state Food labeling and preparation requirements, fire codes and regulations, and the Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards (both state and federal).
F. Peddlers shall not engage in any of the following activities:
1. Vending lottery tickets, alcohol, cannabis, adult oriented material, or tobacco or electronic cigarette products;
2. Vending illegal or counterfeit merchandise;
3. Damaging public or private property, including trees, shrubs, grass, flowers, plants or vegetation;
4. Causing vehicles to stop in traffic lanes or persons to stand in traffic lanes or parking spaces; or
5. Vending in a manner that blocks or obstructs the free movement of vehicles, including parked vehicles.
6. Where food of any kind is dispensed from a vehicle, pushcart or other conveyance, shall maintain a clearly designated litter receptacle in the immediate vicinity, marked with a sign requested use by patrons; and provided further, prior to leaving the location, shall pick up, remove, and dispose of all trash or refuse which consists of materials originally dispensed by that person, including any packages or containers, or parts thereof, used with or for dispensing such food. ( Ord. No. 1110 , § 3, 9-3-2019)
5.64.160 Identification card.
Every peddler that vends food shall obtain a food handler card issued by the Riverside County Department of Environmental Health, and shall have the food handler card and a valid and current photo identification card in Formatted: Not Highlight
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(Supp. No. 7, Update 3)
their possession at all times when engaged peddler activity. The food handler card shall be displayed to any police officer or other authorized City employee upon request of such police officer or authorized City employee. ( Ord. No. 1110 , § 3, 9-3-2019)
5.64.170 Administrative citations.
A. In accordance with Government Code section 51039, a violation of this Chapter by a peddler who has a valid current permit issued by the City pursuant to this Chapter is punishable only by an administrative citation, in amounts not to exceed the following:
1. One hundred dollars for a first violation.
2. Two hundred dollars for a second violation within one year of the first violation.
3. Five hundred dollars for each additional violation within one year of the first violation.
4. The City may revoke a permit issued to a peddler for the term of that permit upon the fourth violation or subsequent violations.
B. In accordance with Government Code section 51039, a violation of this Chapter by a person engaged in peddler activity without a valid current permit issued pursuant to this Chapter is punishable only by an administrative citation, in amounts not to exceed the following, in lieu of the amounts set forth in paragraph A:
1. Two hundred fifty dollars for a first violation.
2. Five hundred dollars for a second violation within one year of the first violation.
3. One thousand dollars for each additional violation within one year of the first violation.
4. Upon proof of a valid permit issued by the City pursuant to this article, the administrative citations set forth in this paragraph shall be reduced to the amounts set forth in paragraph A.
C. It shall constitute a new and separate offense for each and every hour during any portion of which a violation of, or failure to comply with, any provision or requirement of this Chapter is committed, continued, or permitted by any person.
D. A violation of this Chapter shall not be punishable as an infraction or misdemeanor and a person alleged to have violated any provision of this Chapter shall not be subject to arrest except when permitted under law.
Further, failure to pay an administrative citation issued pursuant to this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.
E. When assessing administrative citations pursuant to this Chapter, the administrative hearing officer shall take into consideration the person'’s ability to pay the fine. The administrative hearing officer shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
F. If the person meets the criteria described in subdivision (a) or (b) of California Government Code section 68632, the City shall accept, in full satisfaction, 20 percent of an administrative citation imposed pursuant to this Chapter.
G. The administrative hearing officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition.
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(Supp. No. 7, Update 3)
( Ord. No. 1110 , § 3, 9-3-2019)
5.64.180 Exemptions.
The provisions of this Chapter shall not apply to transporting property owned or handled on consignment by the agents or employees of an established place of business, where such transportation is incidental to such business, and when such property is being transported to or from such established place of business. “Established place of business” shall mean any permanent warehouse, building, structure, or outdoor vending business which is owned or leased, and at which the owner or lessee carries on a legitimate permanent business in good faith and at which stocks of the goods transported are produced, stored, or kept in quantities usually carried and reasonably adequate to meet the requirements of the business.
( Ord. No. 1110 , § 3, 9-3-2019)
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(Supp. No. 7, Update 3)
Chapter 5.66 SIDEWALK VENDING
5.66.010 Definitions.
For purposes of this Chapter, the following definitions apply unless the context in which they are used clearly requires otherwise:
“Certified Farmers Market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
“Chief of Police” means the Chief of Police of the City or his or her designee. “City” means the City of Beaumont.
“Director” means the Planning Director of the City or his or her designee. “Fire Station” means any facility where fire engines and other equipment of the City’s Fire Department are housed.
“Food” means any type of raw, cooked, or processed edible substance, including any food product or beverage.
“Merchandise” means any tangible goods or items that are not food. “Park” a public park shall mean any park open to the public located within the City and includes all sidewalks and parking lots located within or on the perimeter of a public park. “Police station” means any facility where police vehicles and other equipment of the City’s Police Department are housed.
“Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
“Sidewalk” means a public sidewalk or paved pedestrian path or walkway specifically designed for pedestrian travel.
“Sidewalk vendor” means a person who vends from a vending cart or from one’s person, upon a sidewalk. “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. “Swap Meet” means a location operated in accordance with Article 6 (commending with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article. “Temporary special permit” means a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, outdoor concerts, festivals, carnivals, and street fairs.
“Vend” or “vending” means to barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase, food or merchandise, or to require someone to negotiate, establish, or pay a fee before providing food or merchandise, even if characterized as a donation.
“Vending cart” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non- motorized conveyance used for vending, that is not a vehicle as defined in the California Vehicle Code. ( Ord. No. 1110 , § 4, 9-3-2019)
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(Supp. No. 7, Update 3)
5.66.020 Permit required.
No person shall engage in, conduct, or carry on the business of vending on a sidewalk without a permit issued under the provisions of this Chapter.
( Ord. No. 1110 , § 4, 9-3-2019)
5.66.030 Permit application.
Every person, prior to engaging in, conducting, or carrying on the business of vending on a Sidewalk, shall file an application for a permit with the Director, accompanied by a nonrefundable processing fee in an amount established by resolution of the City Council. The application shall be in a form prescribed by the Director and shall contain, at a minimum, the following:
A. The legal name, current mailing address and telephone number of the applicant; B. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal;
C. A copy of a California’s driver’s license or identification number, an individual taxpayer identification number, or a social security number. The number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order; D. A description of the food and/or merchandise for vending; E. The dimensions of the vending cart;
F. A current valid California seller’s permit number pursuant to Section 6067 of the California Revenue and Taxation Code;
G. If a vendor of food, a food handler certificate issued by the Riverside County Department of Environmental Health and other applicable requirements of the County.
H. An agreement by the applicant to indemnify and hold harmless the City, its officers and employees, for any damage or injury caused to the City as a result of the sidewalk vending conduct or activity; I. Certification by the applicant, under penalty of perjury, that the information contained in the application is true to his or her knowledge and belief; and J. Any other reasonable information regarding the time, place, and manner of the proposed sidewalk vending activities.
Applications for permits shall be filed a minimum of 30 days prior to the date requested for issuance of the permit.
Renewal permit applications shall be filed a minimum of 30 days prior to the expiration of any existing permit. ( Ord. No. 1110 , § 4, 9-3-2019)
5.66.040 Issuance of permit.
The Director or his designee shall grant a sidewalk vendor permit within ten days after receiving the completed application and proof of a valid City business license if he or she finds that all of the following requirements have been met:
A. The business license fees have been paid.
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(Supp. No. 7, Update 3)
B. The application conforms in all respects to the provisions of this Chapter.
C. The applicant has not made a material misrepresentation of fact in the application.
D. The applicant has not had a similar permit or license denied or revoked by the City within one year prior to the date of the application.
E. The applicant has not been convicted, during the three-year period immediately preceding the issuance of the permit, of any offenses involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, sidewalk vending business or activity.
F. The applicant has obtained any other applicable City or county permits, including any City or county health permit required for the preparation and sale of food products.
G. The applicant has obtained a valid City business license and paid the appropriate business license fee. ( Ord. No. 1110 , § 4, 9-3-2019)
5.66.050 Denial of permit.
If the Director finds that all the requirements of Section 5.64.060 of the Municipal Code have not been met, he or she shall deny the application for the sidewalk vendor permit. Written notification of denial of the permit application, setting forth the grounds for denial, shall be served on the applicant by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the applicant at his or her mailing address as set forth in the permit application. Notice of denial of the application shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. ( Ord. No. 1110 , § 4, 9-3-2019)
5.66.060 Conditions imposed on permit.
Any person issued a permit pursuant to this Chapter shall comply with all operating requirements that are imposed as part of the permit pursuant to Sections 5.66.150 and 5.66.160 of this Chapter. ( Ord. No. 1110 , § 4, 9-3-2019)
5.66.070 Permit expiration.
A permit issued pursuant to this Chapter shall be effective for a period of one year from the date of issuance. ( Ord. No. 1110 , § 4, 9-3-2019)
5.66.080 Permits nontransferable.
No permit issued pursuant to this Chapter shall be transferable. ( Ord. No. 1110 , § 4, 9-3-2019)
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(Supp. No. 7, Update 3)
5.66.090 Revocation of permit.
The Director may revoke a permit issued under this Chapter for any of the following reasons:
A. The permitee has made a material misrepresentation in the application.
B. The permitee has committed violations of this Chapter on four or more separate days; C. The permittee has failed to maintain the insurance required by this Chapter; D. The permitee has failed to comply with applicable federal, state or local laws and regulations; E. The permitee has conducted the vending in a manner which endangers the public health or safety.
F. The permitee’s conviction at any time of an offense involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, sidewalk vending business or activity. ( Ord. No. 1110 , § 4, 9-3-2019)
5.66.100 Notice of hearing and grounds for revocation.
Prior to the revocation of a permit issued under this Chapter, the permittee shall be notified in writing of the grounds for the revocation of the permit and a hearing shall be held thereon. Written notification of revocation of the permit, setting forth the grounds for the revocation, shall be served on the permitee by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the permittee at his or her mailing address as set forth in the permit application. Notice of revocation of the permit shall be deemed to have been served on the date it is personally served on the permitee or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. Notice of the hearing shall be given in accordance with Chapter 1.17 of the Municipal Code to the permittee at least ten days prior to the hearing.
( Ord. No. 1110 , § 4, 9-3-2019)
5.66.110 Emergency temporary suspension of permit.
Where the conduct or the activity of the permittee creates an imminent peril to the public health or safety, a permit issued pursuant to this Chapter may be summarily suspended upon notice to the permittee, provided that the permittee shall be entitled to a hearing within three days thereafter and any emergency suspension shall not exceed 15 days pending a hearing under Section 5.66.100. ( Ord. No. 1110 , § 4, 9-3-2019)
5.66.120 Conduct of hearing on suspension or revocation.
The Director shall conduct a hearing and make the determination on the suspension or revocation of a permit. The Director may promulgate rules of procedure for such hearings, which shall recognize the right of the permittee to be heard and to call witnesses on the permittee’s behalf. ( Ord. No. 1110 , § 4, 9-3-2019)
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(Supp. No. 7, Update 3)
5.66.130 Decision of hearing on suspension or revocation.
The decision of the Director shall be rendered within ten days of the close of the hearing. The decision shall be in writing and shall set forth the findings and reasons for the decision, and the permittee shall be notified in writing of his or her right to appeal to the Hearing Officer as set forth in Section 5.66.140. ( Ord. No. 1110 , § 4, 9-3-2019)
5.66.140 Appeal to Hearing Officer.
A. Any applicant for a permit under this Chapter, or a permittee, shall have the right to appeal from a decision by the Director to deny a permit application or to revoke a permit, by filing with the City Clerk a written notice of appeal, specifying the grounds for such appeal, within 15 days after the decision has been served on the applicant or permittee. Such appeal shall be heard by the Hearing Officer, as designated by the City Council from time to time, or by an administrative hearing officer designated by or at the request of the Hearing Officer, upon not less than 15 days’ written notice to the appellant. The Hearing Officer, as the designated administrative hearing officer, shall consider all relevant evidence at the hearing, continue the hearing for good cause, and require such legal briefing as may be required to address any issues raised by the appeal. Within a reasonable time, but not more than 30 days following the conclusion of the hearing, the Hearing Officer or the designated administrative hearing officer shall issue a written decision affirming, denying or modifying the decision from which the appeal was taken, supported by factual findings and determinations referenced by supporting evidence. The decision of the Hearing Officer or designated administrative hearing officer shall be final. The written decision shall be served on the appellant as provided in Code of Civil Procedure section 1094.6(b), with a copy submitted to the City Clerk. The written decision shall include a notice to the appellant that the decision is subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure section 1094.6. If a timely appeal is filed, any revocation shall be stayed pending the decision of the Hearing Officer. Otherwise, the revocation shall become effective immediately upon expiration of the period for filing an appeal.
B. No person whose permit is finally denied or revoked shall be eligible to apply for a new permit for a period of one year following such final action.
( Ord. No. 1110 , § 4, 9-3-2019)
5.66.150 Operating requirements.
A. Except as otherwise permitted in this Chapter or the Municipal Code, no sidewalk vendor shall vend in any of the following locations:
1. To the fullest extent permitted by law, Aany public property other than a sidewalk, including, without limitation, streets, alleys, and City-owned parking structures;
2. Within 200 feet of any other sidewalk vendor;
3. Within 100 feet of a police officer, firefighter, or emergency medical personnel who is actively performing his or her duties or providing services to the public;
4. Within 100 feet of a street intersection or traffic signal;
5. Within 15 feet of a fire hydrant, fire call box, police call box, traffic signal controller, or streetlight controller;
6. Within ten feet of any driveway or driveway approach; Formatted: Not Highlight
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(Supp. No. 7, Update 3)
7. Within ten feet of a marked crosswalk;
8. Within ten feet of the curb return of an unmarked crosswalk;
9. Within any median strip or dividing section;
10. Within 200 feet of a Police Station or Fire Station.
11. Within 200 feet of a Certified Farmers Market or Swap Meet during the limited operating hours of that Certified Farmers Market or Swap Meet.
12. Within 200 feet of an event held pursuant to a Temporary Special Permit during the limited duration of that special event, provided the City provides the sidewalk vendors any notice, business interruption mitigation, or other rights the City provided to any affected business or property owners under the City’s Temporary Special Permit.
13. If a stationary sidewalk vendor, within any residential zone of the City. The prohibition of stationary sidewalk vendors in residential zones shall in no way be construed to and expressly does not permit a roaming sidewalk vendor to operate within a residential zone of the City without a City permit.
14. If a stationary sidewalk vendor, within any Park with a concession stand operated by a vendor under agreement for concessions with the City that exclusively permits the sale of food or merchandise by the concessionaire.
B. Sidewalk vendors must at all times maintain a clearance within a sidewalk sufficient to enable persons to freely pass while walking, running, or using mobility assistance devices.
C. Sidewalk vending is permitted only between the hours of 8:00 a.m. and 9:00 p.m. or one-half hour after sunset, whichever comes first, except that the hours of operation in non-residential areas shall not be more restrictive than the hours of operation imposed on other businesses or uses on the same street.
D. If a sidewalk vendor of food other than solely prepacked food, the vendor shall possess hand sanitizer for use by the sidewalk vendor and patrons.
E. If a stationary sidewalk vendor, the vendor shall maintain a clearly designated litter receptacle in the immediate vicinity, marked with a sign requesting use by patrons. The litter receptacle must be large enough to accommodate customer litter without resort to existing litter receptacles located on any block for use by the general public. The vendor's litter receptacle may not be left on the sidewalk upon leaving any vending location.
F. If a roaming sidewalk vendor vending from a vending cart, the vendor shall maintain a litter receptacle attached to the vending cart large enough to accommodate customer litter without resort to existing litter receptacles located on any block for use by the general public and marked with a sign requesting use by patrons.
G. Sidewalk vendors shall maintain a neat, sanitary, hazard and trash-free ten foot radius of the vending location during hours of operation, and prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all litter generated by the vending operations within a ten foot radius of the vending location in the sidewalk vendor's litter receptacle. Sidewalk vendors shall not throw, deposit, or leave, or permit to be thrown, deposited, or left, any litter, food, or other discarded or abandoned objects, in or upon any street, sidewalk, gutter, storm drain, inlet, catch basin, or other drainage structure, or upon any public or private land in the City, so that the same might be or become a pollutant.
H. Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vending activities that falls on public property.
I. If a stationary sidewalk vendor remains in place for one hour or longer, the sidewalk vendor must be located within 300 feet of a publicly-accessible restroom.
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(Supp. No. 7, Update 3)
J. Sidewalk vendors must ensure that food and merchandise are securely fastened to the vending cart in such a manner that the food or merchandise does not fall off or extend outside of the frame of the vending cart.
K. All food and merchandise shall be stored either inside or affixed to the vending cart or carried by the sidewalk vendor.
L. To the fullest extent permitted by law, Vvending carts shall not be placed on any public property other than a sidewalk.
M. Vending carts shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to poles, signs, trees, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers, or other objects on public property or in the public right-of-way.
N. All signage and advertising related in any way to the sidewalk vendor must be attached to the vending cart or the sidewalk vendor's person, and shall not be electrical, flashing, wind-powered or animated.
O. A vending cart approved by the Riverside County Department of Environmental Health to vend one type or types of food may not be used to vend a different type of food.
P. Sidewalk vendors shall possess at all times, while vending, a copy of a valid current permit issued pursuant to this Chapter, as well as any other permit required by any other appropriate governmental agency. The sidewalk vendor permit shall be displayed conspicuously at all times on the vending cart or the sidewalk vendor's person. If multiple sidewalk vendors are staffing a vending cart or working as roaming sidewalk vendors, each person shall wear their permit on their person in a conspicuous manner. With respect to all other required permits, the sidewalk vendor shall display a copy of the permit upon request by authorized City employees.
Q. If a sidewalk vendor of food, the vendor shall possess and display in plain view on the vending cart a valid current mobile food facility permit from Riverside County Department of Public Health and, if issued by the Riverside County Department of Environmental Health, a grade.
R. Sidewalk vendors shall comply with all applicable state and local laws, as amended from time to time, including without limitation, Chapter 9.02 (Noise Control) of the Municipal Code, Chapter 9.36 (Panhandling, Soliciting and Aggressive Solicitation the Municipal Code (Aggressive Solicitation), Chapter 8.04 (Food Handlers) of the Municipal Code, applicable California Health and Safety Code and Riverside County Ordinances, state Food labeling and preparation requirements, fire codes and regulations, and the Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards (both state and federal).
S. Not including an attached litter receptacle, vending carts shall not exceed a length of four feet, a width of four feet, or a height, including a roof, umbrella, or awning, of ten feet provided that any umbrella or awning shall be no less than seven feet above the surface of the sidewalk.
T. Vending carts shall not be accompanied by accessories, including, but not limited to, tables, chairs, benches and umbrellas except that one chair and one umbrella may be provided for the purpose of allowing the vendor or an employee to be seated in shade.
U. Vending carts for merchandise, if stored in the City, shall be fully enclosed by a structure with walls and a roof when not in use for sidewalk vending.
V. Vending carts for food shall be stored in accordance with all requirements of the Riverside County Department of Public Health and the City's Health Department.
W. Vending carts shall have locking wheels to prevent uncontrolled movement.
X. Vending carts shall not be left unattended.
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(Supp. No. 7, Update 3)
Y. Vending carts shall not be left overnight on any public property or rights-of-way.
Z. Sidewalk vendors shall not engage in any of the following activities:
1. Vending lottery tickets, alcohol, cannabis, adult oriented material, or tobacco or electronic cigarette products;
2. Vending illegal or counterfeit merchandise;
3. Damaging public or private property, including trees, shrubs, grass, flowers, plants or vegetation;
4. Causing vehicles to stop in traffic lanes or persons to stand in traffic lanes or parking spaces; or
5. Vending in a manner that blocks or obstructs the free movement of vehicles, including parked vehicles. ( Ord. No. 1110 , § 4, 9-3-2019)
5.66.160 Administrative citations.
A. In accordance with Government Code section 51039, a violation of this Chapter by a sidewalk vendor who has a valid current permit issued by the City pursuant to this Chapter is punishable only by an administrative citation, in amounts not to exceed the following:
1. One hundred dollars for a first violation.
2. Two hundred dollars for a second violation within one year of the first violation.
3. Five hundred dollars for each additional violation within one year of the first violation.
4. The City may revoke a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
B. In accordance with Government Code section 51039, a violation of this Chapter by a person engaged in sidewalk vending without a valid current permit issued pursuant to this Chapter is punishable only by an administrative citation, in amounts not to exceed the following, in lieu of the amounts set forth in paragraph A:
1. Two hundred fifty dollars for a first violation. or his or her designee.
2. Five hundred dollars for a second violation within one year of the first violation.
3. One thousand dollars for each additional violation within one year of the first violation.
4. Upon proof of a valid permit issued by the City pursuant to this article, the administrative citations set forth in this paragraph shall be reduced to the amounts set forth in paragraph A.
5. It shall constitute a new and separate offense for each and every hour during any portion of which a violation of, or failure to comply with, any provision or requirement of this Chapter is committed, continued, or permitted by any person.
6. A violation of this Chapter shall not be punishable as an infraction or misdemeanor and a person alleged to have violated any provision of this Chapter shall not be subject to arrest except when permitted under law. Further, failure to pay an administrative citation issued pursuant to this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.
7. When assessing administrative citations pursuant to this Chapter, the administrative hearing officer shall take into consideration the person's ability to pay the fine. The administrative hearing officer shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The
Created: 2023-05-25 08:14:05 [EST]
(Supp. No. 7, Update 3)
person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
8. If the person meets the criteria described in subdivision (a) or (b) of California Government Code section 68632, the City shall accept, in full satisfaction, 20 percent of an administrative citation imposed pursuant to this Chapter.
9. The administrative hearing officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition.
( Ord. No. 1110 , § 4, 9-3-2019)
Staff Report
TO: City Council
FROM: Kyle Warsinski, Economic Development Manager
DATE February 6, 2024
SUBJECT: Purchase and Sale Agreement for the property located at 105 W. Sixth Street
Description Consideration of a purchase and sale agreement by and between David and Emeline Schuelke (Seller) and the City of Beaumont (buyer) for the property located at 105 W. Sixth Street.
Background and Analysis:
On July 2, 2019, City Council approved Beaumont’s first Economic Development Strategic Plan. The Strategic Plan was created with input from numerous community stakeholders, city staff and the City Council. The plan included a mission statement and eight main goals.
The City of Beaumont strives to create a balanced, sustainable and diverse economic environment by leveraging existing local business, recruiting targeted industries, and encouraging outside investment, that will enhance Beaumont’s quality of life and support community values.
1. Develop an economically balanced community,
2. Recruit new business, while retaining and expanding local business, that promote growth of primary jobs and/or sales tax revenue,
3. Develop an online Economic Development presence to provide business owners and site selectors resources they need,
4. Create a Quality of place that establishes Beaumont as a community to build and grow a business, as well as attract and retain talent,
5. Connect with and assist local small business start-ups and entrepreneurs,
6. Ongoing review of development review processes and identify streamlining and efficiency techniques,
7. Work with regional workforce development partners to provide needed resources to the area and begin to develop a retraining program for positions under threat of automation, and
8. Leverage the City’s strengths to maximize business opportunities.
The plan included major strategy areas designed to accomplish these goals. One action step in the EDSP is to implement economic development components of the Downtown Vision portion of the General Plan update, which is being addressed through the development of the Downtown Revitalization Plan. While that plan is not complete, the Draft contains strategies on key property acquisitions for the City to analyze and contemplate. One property of many GHD has identified is 105 W. Sixth Street for its potential synergy with the Grace Avenue building and the conceptual street enhancements along Sixth Street and California Avenue.
The acquisition of this property allows the City to control the east side of the block from Fifth Street to Sixth Street, along Grace Avenue. The building has been vacant for a few years and the exterior of the building and site has deteriorated into a blighted state.
City ownership of the property would ensure the blight would be alleviated at a highly traveled intersection in the downtown. If acquired, the City could use this site as a key development opportunity site in the downtown, which could lead to job creation and increased property tax and sale tax revenue.
Purchase and Sale Agreement – 105 W. Sixth Street
The City intends to purchase the property located at 105 W. Sixth Street (APN 417-064- 001) from David and Emeline Schuelke. The subject site contains a 1,281 square foot building on a 0.14-acre lot. The property is located on the Southwest corner of Sixth Street and California Avenue.
The attached Purchase and Sale Agreement (Attachment A) specifies the terms of the acquisition. Some of the main deal points are as follows:
Purchase Price: $338,500
Escrow deposit of $10,000 (to be applied to the purchase price) Buyer and Seller to split all closing costs
Sixty (60) day inspection/due diligence period.
Potential relocation assistance for existing tenant: $28,000. City may terminate agreement for any reason within the 60-day period.
The City intends to purchase this property for use under the Economic Opportunity Law (CA Govt. Code Section 52200) and a public hearing is required. This law provides certain benefits and tools to the City related to future uses including lease agreements, disposition and development agreements, public private partnerships, etc. that will create, retain, or expand new jobs or increase the value of the property.
On September 27, 2023, the City of Beaumont Planning Commission determined the property conforms with the General Plan land use Designation of Downtown Mixed Use in accordance with California Government Code Section 65402.
Fiscal Impact:
The total cost for the acquisition is $338,500, plus an estimated $8,000 in closing costs and $28,000 in relocation assistance totaling $374,500, which will be paid out of Project # CD-03-B.
The cost to prepare the staff report totals $1,200 for staff and legal fees.
Recommended Action:
Hold a Public Hearing;
Waive the full reading and approve by title only, “A Resolution of the City Council of the City of Beaumont, California, Approving the Acquisition of Real Property”; and Approve the Purchase and Sale Agreement by and between the City of Beaumont and David and Emeline Schuelke.
Attachments:
A. Resolution: Approving the Purchase and Sale Agreement B. Economic Opportunity Law Report
1 RESOLUTION 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BEAUMONT, CALIFORNIA, APPROVING THE ACQUISITION OF
REAL PROPERTY
WHEREAS, City is a general law city and a municipal corporation of the State of California; WHEREAS, the location, purpose, and extent of the acquisition was submitted to and reported on by the Planning Commission as to conformity with the adopted general plan prior as per Govt C §65402(a) on September 27, 2023.
WHEREAS, the City has identified real property for acquisition having the goal of economic development development as provided above and wishes to authorize such acquisition; WHEREAS, the City intends to purchase this property for use under the Economic Opportunity Law (CA Government Code §52200).;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:
SECTION 1. The City Council hereby approves the Purchase and Sale Agreement between the City of Beaumont and David and Emeline Schuelke, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, subject to the terms and conditions stated therein.
SECTION 2. The City Council hereby authorizes and directs the City Manager, or her designee to execute the Purchase and Sale Agreement on behalf of the City, and to take any and all actions and execute any and all documents needed to consummate the transactions contemplated by the Purchase and Sale Agreement, including, but not limited to, executing the Certificate of Acceptance as contemplated by the Purchase and Sale Agreement and closing the escrow contemplated by the Purchase and Sale Agreement.
SECTION 3. CEQA does not apply to the forgoing acquisition as the City Council determines with certainty that there is no possibility that the activity in question may have a significant effect on the environment." 14 Cal Code Regs §15061(b)(3).
SECTION 4. That this Resolution shall take effect immediately upon adoption by the City Council.
PASSED, APPROVED AND ADOPTED at the regular meeting of the City Council of the City of Beaumont, California, held on the _____ day of __________, 2024, by the following roll call vote:
2 AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF BEAUMONT CITY COUNCIL
____________________________
David Fenn, Mayor
ATTEST:
____________________________
Nicole Wheelwright, City Clerk
3 EXHIBIT “A”
ECONOMIC OPPORTUNITY LAW REPORT
Property: 105 W. 6th Street, Beaumont, CA 92223 (APN 417-064-001) The following report has been prepared in accordance with the California Government Code Section 52201.
The cost of the proposed Purchase and Sale Agreement is as follows:
Purchase Price: $338,500
Loan or financing costs: $0
Total cost: $338,500
Creation of economic opportunity:
The acquisition of the property will allow for renovation of the building and the eventual establishment of a new commercial business in a building which has been vacant since 2021.
After the project is operating at full capacity and implementation, the total number of jobs at the facility may meet the one full-time equivalent job for every $35,000 invested in the project. The project and the work conducted within the building may create, retain or expand over 9 jobs at the project location.
The sale agreement, potential lease agreements, and investments and improvements to the project at full implementation when compared to the year prior to the property being acquired by the City of Beaumont will likely result in an increase of at least 15 percent of total property tax.
A copy of the proposed Purchase and Sale Agreement has been attached to this report as “Exhibit A”.
Exhibit A
Purchase and Sale Agreement
105 W. 6th Street, Beaumont, CA 92223
Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE February 6, 2024
SUBJECT: Discussion and Direction on Establishing a Downtown Market Night
Description Discussion and direction on adopting a policy establishing rules and regulations for a market night.
Background and Analysis:
Throughout the past year, the City has spent considerable time and resources developing a Downtown Beaumont Revitalization Plan, facilitating downtown business meetings and committing financial and staff resources to revitalizing downtown.
One of the goals in revitalizing downtown is to develop a market night to draw residents and visitors into downtown. Staff has worked internally and with other juris dictions having successful market nights to identify best practices, policies and procedures for implementing a market night.
Key factors considered:
Potential locations
Days/times
Public safety – wind, heat, traffic, alcohol sales, lighting Entertainment options
Public Works and Community Services staff members would be required to facilitate traffic control and street closures
Police Department staffing needed
Other considerations:
Charging vendors, allowing participation with a valid business license or creating a fee specifically for DBMN
Use of a third-party specializing in market night coordination and vendor management
Cost to establish and operate DBMN
Attachment A to this staff report is a Draft Downtown Beaumont Market Night Rules and Regulations Policy. This policy outlines the purpose and goals of DBMN, outlines rules and regulations, operational protocols and provides other useful information. There are a number of yellow highlighted sections for discussion in the draft document.
Economic Development has approximately $900,000 in 1235-7096, Program Costs.
Staff recommends considering utilization of funds in Program Costs to establish DBMN.
Fiscal Impact:
The cost to prepare this staff report is approximately $150.
Recommended Action:
Hold discussion and provide direction to staff on establishing a market night and adopting a market night rules and regulations policy.
Attachments:
A. DRAFT Downtown Beaumont Market Night Policy
2 Downtown Beaumont Market Night
Rules and Regulations
TABLE OF CONTENTS
PURPOSE, GOALS & STRUCTURE ...........................................................................................................................3 LOCATION & CONTACT LIST .................................................................................................................................. 4 APPLICATION PROCESS FOR NEW APPLICANTS ............................................................................................... 5 PROCESS FOR CURRENT VENDORS TO REAPPLY ............................................................................................. 6 FEES AND PERMITS .................................................................................................................................................. 6 COMPLIANCE WITH FEDERAL, STATE, LOCAL LAWS AND STATUTES ......................................................6-8 STANDARDS OF CONDUCT ......................................................................................................................................9 BOOTH SET-UP, LOAD-IN, AND LOAD-OUT PROCEDURES ............................................................................. 10 EMERGENCY PROCEDURES FOR INCLEMENT WEATHER CONDITIONS ..................................................... 12 HEALTH, FIRE AND POLICE REGULATIONS ....................................................................................................... 12 COMPLIANCE AND ENFORCEMENT ..................................................................................................................... 12 APPEALS ..................................................................................................................................................................... 13 VENDOR PARTICIPATION AND BOARD GUIDELINES ................................................................................. 13-17 General Vendor .............................................................................................................................................. 14 Specialty Foods (pre-packaged)..................................................................................................................... 15 Non-Profit Organizations............................................................................................................................... 15 Downtown Retail Merchant Vendor ............................................................................................................. 16 Food Service Vendors ................................................................................................................................... 16 Entertainment, Political, Commercial & Miscellaneous Vendors ............................................................. 16-18
3 PURPOSE:
Our purpose is to create a bi-weekly, vibrant, community market night with a family atmosphere for residents and visitors.
GOALS:
• Provide a venue for community activities and organizations
• Create a positive image of downtown Beaumont
• Provide a diverse selection of arts, crafts, entertainment, and food • Promote downtown as a center for social, civic and retail activities • Expose residents and visitors to downtown stores, services and businesses
• Enhance the community
STRUCTURE, OVERSIGHT, AND SCHEDULE:
DBMN takes place in downtown Beaumont on Beaumont Avenue between Sixth Street and Eighth Street the first and third Thursday night of the month from April through July. The street is closed to vehicular traffic and then transformed into a festive, pedestrian market. Vendor booths are set up on both sides of the street, and visitors are able to stroll through the traffic- free event.
DBMN oversight is provided by the City of Beaumont. City staff will evaluate each application to ensure that proposed activities meet the purpose and goals mentioned above.
4 LOCATION AND CONTACTS
Event Location: Beaumont Avenue between Sixth Street and Eight Street
Event Hours: April through July 6:00 p.m. to 9:00 p.m.
General information and questions:
City of Beaumont: Economic Development Department
550 E. 6th Street
Beaumont, CA 92223
Telephone: (951) 769-8520
E-Mail: [email protected]
E-Mail: [email protected]
Web Address: www.BeaumontCA.gov
Seller’s Permit: State Board of Equalization
35-900 Bob Hope Dr., Ste. 280
Rancho Mirage, CA 92270-1768
Telephone: (760) 770-4828
website: www.boe.ca.gov
Health Department: Riverside County Department of Environmental Health 554 S. Paseo Dorotea
Palm Springs, CA 92264
Telephone: (760) 320-1048
or
4065 County Circle Drive
Riverside, CA 92503
_________________________________________________________________________________ CalFire: Clay Shepard, Fire Safety Supervisor
550 E. Sixth Street
Beaumont, CA 92223
Telephone: (951) 769-8520
[email protected]
5 I. PROCESS FOR VENDORS
The following are the steps in the application process:
Submission of completed application and payment of any required fees must be provided at City Hall.
Incomplete applications will not be processed.
City Hall office location is listed on the Contacts page. The fees necessary for submission may be paid by cash, money order, credit card (MasterCard, Visa or Discover), or by check made payable to the City of Beaumont; A valid identification with picture shall be required as proof of identity.
Applications must contain the names, addresses, telephone numbers, web address (if applicable) and signatures of the responsible persons.
Review of application by City staff
City staff will screen and review the application.
Rejection of the application
City staff will accept, reject, or recommend modifications to the applicant’s application based on the following guideline questions. The City of Beaumont does not discriminate on the basis of race, religion, creed, color, gender, sexual orientation, national origin, or political persuasion.
• Does this vendor qualify under the approved DBMN Rules and Regulations?
• Are the proposed vendor’s merchandise and/or service beneficial to the purpose and goals of DBMN?
• Are the proposed merchandise and/or service unique to DBMN, as opposed to merchandise and/or services already offered at DBMN?
• Is the proposed booth design within the guidelines established by the DBMN?
• Has the proposed vendor provided City staff with recent photographs of his/her booth setup, signage (appropriate signage including business name in a minimum size of twelve inches high by eighteen inches in length or 12” H x 18” L) Maximum? Upon the approval by City staff and/or City Council, and receipt of payment of applicable fees, City staff shall issue a DBMN permit. The new vendor is subject to the availability of spaces within particular categories.
6 II. APPLICATION PROCESS FOR VENDORS
A. Vendors may be required to submit an application to maintain status as a vendor. City staff will review the history of the applicant, and determine whether or not:
1. The vendor consistently followed the DBMN Rules and Regulations
2. The vendor received prior written warnings
3. DBMN Staff has had complaints about the vendor’s products or services
4. The vendor’s necessary permits, insurance, and licenses are up-to-date
III. FEES AND PERMITS
A. Vendors must remain current with the following documents:
1. City of Beaumont business license
2. Liability insurance, or private insurance with the City of Beaumont named as additional insured
3. Seller’s permit
4. Riverside County Health permit (for food service vendors ONLY)
B. To obtain these permits, see Location and Contacts list on page four.
IV. COMPLIANCE WITH FEDERAL, STATE, LOCAL LAWS AND STATUTES
The acceptance and use of any selling space at DBMN constitutes an agreement by any and all vendors, and persons helping or working with such vendors, to comply with all DBMN Rules and Regulations and all city, state, and federal laws.
A. DBMN vendors must comply with all federal, state, and local laws and statutes concerning child labor. Unlawful employment of minors, under any federal, state, or local laws is prohibited. Such violation shall be deemed as noncompliance with DBMN Rules and Regulations.
B. DBMN vendors and their employees must comply with the Americans with Disabilities Act
7 (ADA), which provides for equal access and opportunity for individuals with disabilities in public accommodations.
C. All vendors must understand and comply with any and all federal and state laws relating in any manner to their goods and services. For example, vendors of artwork must understand and comply with all copyright and/or trademark laws that may govern the reproduction and/or sale of such artwork. Not understanding the law will never be an adequate excuse used by vendors for violating a law.
D. Vendors must work professionally, cooperatively, and reasonably with both the customer and DBMN Staff to resolve complaints. Vendors must also fully comply with DBMN Rules and Regulations and are required to sign the acknowledgement contained on the application.
E. Vendors must participate once their space is allocated. DBMN shall proceed as scheduled, unless a weather emergency is declared. There shall be no fee credit given to a vendor if he/she decides not to participate on any night for whatever reason. There also is no fee credit given should DBMN be cancelled due to city holidays, rain, wind, or any other unforeseen circumstances. This applies only if fees are charged to participate in DBMN
F. A vendor who wants to change or add products to his/her approved list must request approval from City staff prior to selling any new items.
G. It is the responsibility of the vendor to notify the City Staff, in writing, no later than the Monday before the next DBMN, if he/she will be absent from that event.
A vendor who fails to notify City staff prior to an absence shall be charged with an unexcused absence. A vendor with one or more unexcused absences in one (1) month period or two (2) or more unexcused absences within a three (3) month period shall be subject to suspension, and possible revocation of his/her participation in DBMN.
H. When a vendor has decided to terminate participation in DBMN, he/she must notify the City staff, in writing, before the first Thursday of the month of the departure. No fee credit or refund shall be given if a vendor notifies City staff of departure after the first Thursday of the month.
I. Sales privileges and spaces cannot be sold, sublet, assigned or transferred.
J. Power cords must be completely taped down to limit liability for the vendor, and conform to City of Beaumont safety requirements. Additionally, power cords must take the shortest route from the receptacle to the booth to minimize tripping hazards.
8 K. Power must be supplied from (quiet generators) as approved by staff.
L. All vendor lighting shall be fluorescent, LED, or low voltage halogen.
M. Crock pots, rice cookers, coffee brewers, electrical skillets, heat lamps, portable air conditioners, portable electrical heaters, etc., or anything a city employee deems to have a large wattage draw, must be provided power by a “quiet generator” approved by staff.
N. All booth lighting shall be confined to the booth and designed to prevent spillage into other booths or glare into the eyes of visitors.
O. No alcoholic beverages are to be consumed or sold within a booth.
P. Merchants’ windows may not be obscured at any time by vendors’ boards, banners, or other large displays or equipment. Vendors are not allowed to prop up or hang any merchandise on any wall, building, tree or utility pole.
Q. Vendors are not guaranteed a specific booth location. City staff has the authority to assign and reassign spaces. Any vendor requesting reassignment of booth space must notify the staff, in writing. City staff reserves the right to refuse assignment of space to any vendor or applicant.
R. Dimensions of the space allocated to each vendor are twelve feet wide and twelve feet from the curb (12 ft. wide x 12 ft. from curb). Booth height: twelve feet (12 ft.) maximum. Vendors shall not move into the middle of the street with their booths, this is a violation of health and safety regulations.
S. The vendor shall provide maximum visibility and access to merchant businesses that remain open during DBMN hours. Therefore, a vendor’s booth height will be a major consideration in booth space allocation. Contact City staff if any booth modification is desired.
T. All trailers need to be approved by the staff and should fit within the DBMN booth dimensions of twelve feet wide and twelve feet from the curb (12 ft. wide x 12 ft. from the curb). One (1) additional booth space may be granted to accommodate a larger trailer subject to space availability. Trailers should be clean and must present an attractive, professional image consistent with the goals and purposes of DBMN.
U. Vendors must stay within their assigned spaces and out of fire lanes at all times. It is the vendor’s responsibility to be aware of the fire lanes.
V. Vendors shall identify their booths with appropriate signage (including business name) within
9 the dimensions of twelve inches in height by eighteen inches in length (12 in. H. x 18 in. L.).
The signage with a drawing, photograph or sample for review by City staff should be included in the application.
W. All tables used within a booth space must be covered. Farmers Market vendors may use table skirts in lieu of full table covers. Covers or table drapes should be neat and clean and should not touch the ground.
X. A weighted canopy is recommended for use by all vendors. Nails or anchors cannot be driven into the pavement, structures, utility poles or trees. A canopy without the top (or a tent) is not allowed to be erected without approval from staff and must serve a viable purpose.
Y. No rolling clothing racks will be allowed without approval from City staff.
Z. Vendors must remove all boxes and containers used in the transportation of their merchandise BEFORE DBMN begins for the evening. Empty boxes may be stored under tables as long as they are NOT visible from all sides (e.g., under a drape).
AA. Vendors must display a valid DBMN permit at all times during setup, operation, and tear down.
BB. If the booth involves food sales, the vendor must clearly display all relevant documents or permits demonstrating compliance with Riverside County Department of Environmental Health regulations.
V. ON-SITE STANDARDS OF CONDUCT
A. DBMN vendors, employees and family members shall be appropriately dressed. Clothing must be neat, clean, in good repair, and appropriate for on the job appearances at all times.
B. No person shall deface or otherwise abuse the downtown buildings, plants, trees, utility poles or city property.
C. No person or business participating in DBMN shall state, imply, or otherwise suggest that the City of Beaumont endorses, sponsors, or supports the views of his/her/its organization, candidate, product, or service.
D. Non-entertainment vendors shall neither use amplified sound nor play music or make loud noises that can be heard outside their assigned spaces.
E. Vendors shall not solicit customers from outside their selling spaces.
10 F. Hawking, selling outside of booth, loud, or aggressive behavior is strictly prohibited.
G. Any entertainer performing on the street shall maintain the volume of the music so as not to disturb his/her surrounding vendors.
H. It is each vendor’s responsibility to report to the onsite DBMN Staff any hazardous condition they observe in or around the vendor’s booth. If the problem cannot be remedied immediately, the vendor shall be relocated temporarily to another space.
I. A vendor who violates a city, county, state, or federal regulation is subject to automatic permit revocation. This includes, but is not limited to, illegal/inappropriate public behavior, traffic regulations, and threats to public safety.
J. Vendors are responsible for the actions of their employees, associates, volunteers and independent contractors working for them. Vendors shall be courteous to other vendors, the public, and DBMN staff.
VI. BOOTH SETUP, LOAD-IN, AND LOAD-OUT PROCEDURES
A. Setup begins one hour prior to the event start time. The city begins barricading the streets at approximately 5:00 p.m.
1. Vendors must not park on the closed street after that time.
2. Vendors may unload vehicles ½ hour prior to setup onto the sidewalk as long as they do not impede required ADA accessible pathways, safe pedestrian flow or vehicular traffic.
However, they MAY NOT begin to setup or unpack items on the curb.
3. Vendor vehicles may be unloaded and then moved and parked outside of the event perimeter prior to the scheduled event start time.
4. By NO LATER THAN 10:00 p.m. vendors are to be packed up and out of the traffic lanes.
5. A vendor shall be in violation of DBMN procedures if his/her booth is not ready for business at the start of the event, or if he/she closes down before 9:00 p.m., the official end of the event.
6. A vendor shall receive one (1) Vendor Pass for his/her vehicle. The Vendor Pass must be displayed in the front windshield to gain entry to DBMN. Setup and tear down shall go as follows:
11 1. Vendors must park their vehicles in their assigned location and unload onto the sidewalk.
2. Vendors must move their vehicles off the street immediately after unloading.
3. Vendors may not set up their booth while their vehicle remains parked on the street.
4. A vendor’s canopy or tent must be dismantled and their booth items must be packed up and on the sidewalk before their vehicle is allowed on the street for load-out.
B. Vendors shall enter the closed off sections of Beaumont Avenue from the intersections of Beaumont Avenue and Seventh Street or Beaumont Avenue and Eight Street. Vendor vehicles must head SOUTH ONLY on Beaumont Avenue at all times when entering and leaving the event. Citations shall be issued to violators of these rules.
C. Vendors and their employees shall park outside the perimeters of the event.
D. DBMN vendors who in their application submitted to the City staff have demonstrated a need to park inside the perimeters of the event, and have received approval, may be exempt from (C) above.
E. No vendor shall bring his/her vehicle onto Beaumont Avenue from the time the event has started until the time it ends.
F. DBMN shall notify all vendors, in advance, when changes in event hours go into effect.
G. Vendors must not, at any time, move any traffic control devices, such as barricades, bollards, signs, or delineators. Citations shall be issued to the violators of these rules.
H. Vendors must police all streets, curbs, sidewalks and areas surrounding their booths and remove all litter and stains that result from their activities. When removing or dismantling booth space, all vendors must clean their own spaces of all debris. If a space is left in poor condition, the vendor will be in violation of DBMN procedures and may be charged for any clean-up cost. City will comply with SB1383
VII. EMERGENCY PROCEDURES FOR INCLEMENT WEATHER CONDITIONS A. City Staff shall inform vendors if the event must be canceled due to dangerous weather conditions.
12 B. DBMN shall remain open until emergency weather conditions are declared. Vendors are prohibited from driving their vehicles onto the closed street early, or depart early, due to weather conditions, unless directed by the City Staff.
C. The decision to call an emergency shutdown of DBMN is at the exclusive discretion of the City of Beaumont City Manager or their designee.
D. Credit and refunds shall not be given to vendors when weather emergency is declared. This would only apply if the City implements a fee to participate in DBMN.
E. When an emergency has been declared, vendors shall immediately cease operations.
F. It is the vendor’s responsibility to provide his/her own coverings to protect merchandise and products from weather-related conditions.
VIII. HEALTH, FIRE, AND POLICE REGULATIONS
A. Cooperation with local health, fire, and police departments is essential. Vendors must be aware of and comply with code requirements. Specific questions regarding the interpretation of codes should be directed to the appropriate agency listed in the Location and Contacts list on page four (4).
B. Any furniture or equipment used within the booth space must first be approved by the City staff. Any vendor selling combustible products, using propane or other combustibles, or performing open-air cooking, must provide a fire extinguisher (2A-1 OBC Type) and receive the approval of CalFire.
C. Propane users require a fire department permit. All use of propane in conjunction with cooking, heating, crafting, or demonstrating gas-fueled merchandise, must be pre-approved by the CalFire before a permit can be issued.
IX. COMPLIANCE AND ENFORCEMENT
A. DBMN vendors must comply with DBMN purpose, goals, rules and regulations.
B. DBMN is an event for the enjoyment of citizens and visitors who contribute to the area’s tourism industry. Vendors shall not antagonize or offend residents, visitors or other vendors and shall do everything possible to encourage and promote the festive nature of DBMN.
C. Noncompliance with any DBMN rule or regulation, including offensive conduct, or conduct which is noncompliant with the rules, regulations or applicable law is grounds for
13 suspension or revocation of the DBMN permit.
D. A suspension or permit revocation of the DBMN permit shall be issued by City staff, in writing, specifying the effective date of, and grounds for, the suspension or revocation.
E. Products not approved by the DBMN Board are PROHIBITED. A citation will be issued for violation of rules and regulations, and all noncompliant items must be removed immediately.
F. Vendors who receive more than one written warning shall not be permitted to operate their booth until cleared by City staff.
X. APPEALS FOR APPLICATION DENIAL
A. If an application is denied an appeal may be made, in writing, to the City of Beaumont, City Manager, who shall reconsider the denial. The appeal must be filed within fifteen (15) days of the denial date. The City Manager’s decision shall be final.
APPEALS FOR SUSPENSION / REVOCATION
B. Upon suspension or revocation of a DBMN permit, the vendor shall have the right to appeal the suspension or revocation to the City Manager. Such appeal must be made within fifteen (15) days of the issuance of the suspension or revocation, and any such suspension or revocation shall be effective until the time designated in the suspension is exhausted or overturned on appeal. The City Manager shall review the appeal and issue a decision within 5 working days. The City Manager’s decision shall be final.
XI. VENDOR PARTICIPATION & GUIDELINES
Each DBMN vendor must meet the criteria of one of the following categories:
A. GENERAL VENDOR
1. At least fifty percent (50%) of any art craft, jewelry or wearable item(s) offered for sale must be the handcrafted work of the artist who will be selling the wares at the booth. Items that are merely hand-assembled, and comprised only of commercially-available manufactured parts, shall not be considered handcrafted for the purpose of DBMN. The artist must be present unless a representative of the artist has been approved by City staff.
2. A vendor’s merchandise shall be reviewed and evaluated according to the goals and guidelines of DBMN. Staff shall also evaluate the quality of the items, raw materials, workmanship, uniqueness, and appropriateness of the items for DBMN. It is within the
14 discretion of City staff to deny applications based upon these criteria.
3. A vendor may not receive merchandise, directly or indirectly, from any current or former vendor who has been suspended and/or had his/her selling rights terminated.
B. FOOD (PRE-PACKAGED)
1. All pre-packaged Specialty Foods must comply with every state and federal packaging requirements.
2. For the purpose of DBMN, distributors of products are excluded.
C. NON-PROFIT ORGANIZATIONS
1. Applicants shall be assigned space at the event on a first-come, first-served basis and may have that space on a rotational basis at the City’s discretion.
2. Nonprofits must provide proof of their current nonprofit [501(c)(3)or(c)(4)] status including nonprofit number. Verification must be provided at the time of application.
3. Nonprofits may pass out informational materials promoting the nonprofit.
4. Nonprofits may accept donations on site.
5. Nonprofits must obtain Department of Justice letter for any raffles conducted at DBMN.
6. Nonprofits may sell event tickets for fundraising events benefiting the nonprofit.
7. Nonprofits may sell merchandise/items at their booth that represents the organization, i.e. calendars, mugs, t-shirts, etc.
8. City sponsored departments or organizations are exempt from nonprofit regulations as approved by City staff.
D. DOWNTOWN RETAIL MERCHANT VENDOR
1. Retail Merchants located within the designated Downtown area shall be allowed to sell items regularly found within their stores.
15 2. No downtown retail merchant shall be given a preference of location.
3. All items sold at DBMN must be listed and approved City staff.
4. The number of vendors assigned in this category shall not exceed 20% of total number of DBMN vendors on any given month.
E. FOOD SERVICE VENDOR
1. DBMN is intended to be a walk-able event, and not a sit- down dining experience. (discussion on creating food court w/table & chairs) (near music)
2. DBMN food service vendors must comply with requirements imposed by the Riverside County Department of Environmental Health. These requirements include securing and continuously maintaining an annual Riverside County Department of Environmental Health food permit. Please contact City staff for additional information regarding a permit to sell food at DBMN.
3. All DBMN food service vendors and all support staff within the booth are required to have a Food Handlers Card on display in the booth.
4. Vendor vehicles must be moved out of the event perimeter prior to commencement of the event.
5. All areas must be kept neat and clean at all times.
6. No food preparation producing smoke may take place unless approved by the City staff.
F. ENTERTAINMENT
Entertainers who wish to perform at DBMN must contact the City staff to be screened and scheduled.
G. THERAPUETIC MASSAGE
The vendor must be a licensed therapist, and each individual therapist or masseuse working in the booth must have his/her own separate City of Beaumont business license. All licenses must be posted inside the booth at all times.
16 H. POLITICAL VENDORS
Political organizations are subject to the same requirements as other vendors. An applicant will be given space at DBMN on a first-come, first-serve basis in compliance with the vendor variety requirement. All fees must be paid in advance. Participation shall not be based upon the background, affiliation, position, or qualifications of a group/ individual, or the content of the messages conveyed.
I. CORPORATE SPONSORSHIP
A business that does not meet the criteria under any category guidelines may participate in DBMN by becoming a Corporate Sponsor. Examples of potential sponsors include radio stations, newspapers, etc. As a sponsor no direct sales shall be allowed during DBMN.
Interested applicants shall contact City staff for more information regarding sponsorship.
J. COMMERCIAL VENDOR
A business that does not meet the proper criteria under any aforementioned category guidelines may participate in DBMN by becoming a Commercial Vendor. Examples of potential commercial vendors shall include real estate firms, medical/dental offices, and other service businesses. No direct sales shall be allowed during DBMN by these businesses.
Interested applicants shall contact City staff for more information regarding vendor packages.
K. COLLECTABLES VENDOR
The definition for DBMN purposes of a collectable is an item that is worth far more than it appears because of its rarity and/or demand. Common categories of collectibles include antiques, toys, coins, comic books, and stamps.
L. ANTIQUES VENDOR
The definition for DBMN purposes of an antique is any work of art, piece of furniture, decorative object, or the like, created or produced in a former period, or, according to U.S. customs laws, 50 years or more before date of purchase.
M. VINTAGE VENDOR
For DBMN purposes any products sold under this category are to be 50 years old or older.
Sections L and M above – merchandise age verification process
Staff Report
TO: City Council
FROM: Kyle Warsinski, Economic Development Manager
DATE February 6, 2024
SUBJECT: Grease Trap Incentive Program Request by Beaumont Cherry Valley Recreation and Parks District (BCVRPD) for the Noble Creek Park Snack Bar
Description A request to allow the Noble Creek Park snack bar to participate in the Grease Trap Incentive Program.
Background and Analysis:
On December 6, 2022, City Council approved the establishment of the Downtown Incentive Program which was launched in 2023. The program included the following incentives:
Downtown Façade Improvement Program or Business Improvement Program Business Attraction and Expansion Program
Pre-Application Fee Waiver
Building Investigation Fee Waiver
Sewer Connection Fee Deferral and Grease Trap Program
On September 1, 2021, the City received a new Statewide Waste Discharge Requirements Order for sanitary sewer systems. One of the requirements of this order was to require certain existing restaurants to install new facilities, a grease trap or grease interceptor. The Grease Trap/Interceptor Incentive Program was developed to support the few restaurants, located in the downtown, which were open and in operation as of that date. Discharge compliance from all restaurants and other industrial users within the city is necessary for the City’s adherence to the state order, which results in groundwater quality preservation, reduced spills and lower environmental impacts.
Staff received an application for the grease trap incentive program for the property located at 390 Oak Valley Parkway. This location is Noble Creek Park, which is owned and operated by the Beaumont-Cherry Valley Recreation and Park District (BCVRPD).
A snack bar exists at Noble Creek Park which provides food and drinks to patrons. It has been determined the snack bar requires a grease trap to gain compliance with the City’s waste discharge requirements.
The grease trap program was approved by City Council along with other downtown business incentive programs to retain and encourage expansion of restaurants within the downtown area to stimulate private investment, support customer patronage, and provide dining opportunities for residents. As the programs were designed to support investment in the downtown area, the programs were established with a boundary map depicting which properties were eligible for the incentive programs (Attachment A).
Noble Creek Park is not within the downtown area boundary, but the snack bar does support residents and visitors from the region with dining options while at the park. In addition, discharge compliance is of great importance to the City for maintaining permit compliance, to reduce sewer system maintenance costs and optimize treatment processes at the wastewater treatment plant. Allowing BCVRPD participation in this program for installation of a grease trap at this location would serve a public benefit.
Fiscal Impact:
There is no fiscal impact related to this determination. If deemed eligible, the BCVRPD will complete their application process and a funding agreement will be presented to City Council for action.
The cost to prepare this report is approximately $100.
Recommended Action:
Allow Beaumont Cherry Valley Recreation and Parks District to participate in the Grease Trap Incentive Program for installation of the required, eligible equipment in the snack bar at Noble Creek Park.
Attachments:
A. Downtown Business Incentive Program Boundary Map
B. Application
C. Levine Act Statement
Map data © OpenStreetMap contributors, Microsoft, Facebook, Inc. and its affiliates, Esri Community Maps contributors, Map layer by Esri
Downtown business incentive zone :
Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE February 6, 2024
SUBJECT: Adoption of Amendments to the Policy on Land Use and Sensitive Receptors (PLUS)
Description Adoption of amendments to the PLUS, formalizing the Community Benefit Fee and updating requirements in the Siting and Design, Operations and Construction Phase sections.
Background and Analysis:
Throughout 2022, staff and the Land Use Subcommittee worked together to prepare a draft policy for analysis of industrial developments. Staff worked with the Land Use Subcommittee on a draft policy which was presented to City Council on August 3, 2022.
At that meeting, staff received feedback from City Council as well as interested parties.
Staff continued to work with stakeholders, with the primary concern related to the 1,000 feet separation between dock doors and sensitive receptors. On September 6, 202 2, staff presented the policy with the additional information requested and additional points of discussion in a redline format. On October 4, 2022, Council held discussion and adopted the Policy. Staff subsequently formalized the policy, clearing the redlines and incorporating Council's comments.
On December 19, 2023, City Council considered changes to the Community Benefit section of the PLUS and discussed additional changes to the document. Attachment A to this staff report is a redline version of the PLUS showing the changes to the Community Benefit section and the other changes as discussed and directed at the meeting.
Fiscal Impact:
The cost to prepare this staff report and update the PLUS is approximately $200.
Recommended Action:
Adopt the updated Policy on Land Use and Sensitive Receptors (PLUS) as presented
Attachments:
A. PLUS redline
1.24.24 Policy on Land Use and Sensitive Receptors
Purpose
For the past decade, the City of Beaumont was one of the fastest growing cities in the region. The City’s proximity to Los Angeles, Orange and San Diego counties, the availability of affordable land and high quality of life have all contributed to making Beaumont an attractive place to live and work. The continuing rate of growth in Beaumont and in the larger region exceeds the capacity of the City’s financial resources to meet the needs for transportation infrastructure. Warehousing, logistics, e-commerce and distribution are established sectors of the Inland Empire economy and are increasing in the City of Beaumont. These uses contribute to local job growth and continue to expand based on trends in e-commerce. Due to the City’s location, providing direct access to I-10, SR-60 and SR79, it is anticipated that strong demand for growth in the logistics industry will continue.
The City recognizes construction and operations of logistics, warehouses and other similar types of projects in close proximity to sensitive land uses or sensitive receptors, negatively affects quality of life. Sensitive receptors generally include residences, schools, parks, playgrounds, community centers, assisted living, day care centers, nursing homes, hospitals, and similar uses. The City of Beaumont has all of these types of sensitive receptors and additionally has several active-55+ communities.
This policy is intended to provide a guide through which logistics, warehouses and similar projects can be planned in a way that lessens their impact on the community and the environment. This policy will aid in minimizing potential impacts to sensitive receptors by acknowledging the City’s existing General Plan and zoning which provides location and standards for development of these types of projects and California Environmental Quality Act (CEQA) project analysis. This policy does not exempt a project from preparation of the appropriate environmental review and application of any necessary measures that may arise as a result.
This policy provides criteria which shall be implemented to supplement project-level mitigation measures, to further reduce impacts related to logistics, warehousing and any project of similar size or type of development.
The application of this policy is intended to be included in the evaluation of and conditions of approval for individual development projects. This will provide standards for which applicants and the public can look to and will provide an opportunity for City staff to monitor individual conditions of approval. The policies are organized into specific categories, to address potential quality of life issues from initial design to construction and operations.
Applicability
The policy guidelines apply to new projects submitted after the policy approval date and will be implemented during the development review process.
This policy applies to logistics, warehouse and similar projects that include any building larger than 100,000 square feet in size or type. It is intended to provide a general guidance that will be appropriate for most industrial or logistics, warehouse or similar projects. Project-level review under CEQA applies to any project,
1.24.24 regardless of square footage and may include any technical reports including, but not limited to noise, greenhouse gas, air quality, and traffic. The Planning Department shall use this policy to review projects and in instances where a project does not conform to the policy shall document findings to be considered by the Planning Commission and City Council.
Analysis
1. An “Air Quality” study shall be prepared in accordance with CEQA and the South Coast Air Quality Management District (SCAQMD) guidelines which includes both project specific and cumulative impact analysis.
2. A “Health Risk Assessment” shall be prepared in accordance with CEQA and the South Coast Air Quality Management District (SCAQMD) guidelines when a proposed project meeting the criteria of this policy is located within 1,000 feet of a sensitive receptor.
3. A “Noise Impact Analysis” shall be prepared in accordance with CEQA guidelines to assess potential impacts to the neighboring properties and surrounding community.
4. A “Construction Traffic Control Plan” shall be prepared, reviewed and approved prior to issuance of a grading permit, which details the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations.
5. A “Traffic Study” or “Traffic Impact Analysis” shall be prepared in accordance with CEQA, analyzing both Vehicle Miles Traveled (VMT) and Level of Service (LOS) C as allowed by the City’s General Plan. The study shall identify improvements and fair share costs for the project.
6. A stacking or queuing study shall be provided as part of the project review. The study shall identify the necessary on-site queuing area so vehicle and truck traffic waiting to access the site shall not extend into the public right-of-way.
7. A “Water Supply Assessment” shall be prepared as part of the environmental review process.
8. A “Sewer Study” shall be prepared as part of the project review process.
9. An “Economic Impact Study” shall be prepared as part of the project review process. At a minimum, the study shall provide a cost for service analysis, estimate of revenue generated, anticipated property tax revenue and any other information necessary to provide a comprehensive evaluation of the fiscal impacts to the City. The study shall include best, and worst-case scenario analysis.
10. An “Energy Efficiency Plan” shall be prepared as part of the project review process which shows how the project will encourage efficiency above and beyond Title 24 requirements.
Construction Phase
1. During construction of the project, all copy of current California registration for each piece of construction equipment accessing the site shall be provided to the City. If equipment is not registered in
1.24.24 California proof of CARB-Compliant engines or newer as identified by the most current CARB engine standards shall be provided.
2. Construction contractors shall locate or park all stationary construction equipment away from sensitive receptors nearest the project site.
3. The surrounding streets shall be swept on a daily basis to remove any construction related debris and dirt.
4. Dust control measures meeting SCAQMD standards shall be implemented for all land disturbance and construction activity.
5. All Water Quality requirements and best practices shall be adhered to throughout the construction phase.
6. Construction contractors shall prohibit truck drivers from idling more than five (5) minutes and require operators to turn off engines when not in use, in compliance with the California Air Resources Board regulations.
7. During construction, a City representative shall conduct an on-site inspection with a project representative to verify compliance with these policies, and to identify other opportunities to reduce construction impacts.
Siting and Design
1. Truck bays and loading docks shall be a minimum of 1,000 feet, from the property line of the sensitive receptor to the nearest dock door using a direct straight-line method. This distance may be reduced if the site design includes berms or other similar features to appropriately shield and buffer the sensitive receptors from the active truck operations areas. Dock doors shall not be visible from surrounding residential properties or the public right-of-way. Other setbacks appropriate to the site’s zoning classification shall be incorporated in the design.
2. Projects shall be designed to provide adequate on-site parking for commercial trucks and passenger vehicles and on-site queuing for trucks not visible from sensitive receptors. Commercial trucks shall not be parked in the public right-of-way or nearby residential areas. Queuing shall not extend into the public right- of-way.
3. Truck driveways shall be placed on streets that do not front sensitive receptors.
4. Sites shall clearly mark entry and exit points for trucks and service vehicles.
5. Facility operators shall establish specific truck routes between the facility and regular destinations, identifying the most direct routes to the nearest highway/freeway and prohibit traveling near sensitive receptors or through residential neighborhoods. The truck route should be submitted as part of the entitlement package.
1.24.24 6. Separate entry and exit points for trucks and passenger vehicles shall be provided to minimize vehicle/truck conflict.
7. Sites shall be densely screened with landscaping along all bordering streets and adjacent sensitive receptors, with trees spaced no further apart than 25 feet on center. Trees utilized in landscape screening shall be a minimum of 36-inch box with a minimum calliper (trunk measurement) of 1.5”. A permanent maintenance mechanism shall be approved as part of the entitlement process to assure that the landscaping remains in place and functional in accordance with the approved landscaping plan.
8. A “wing-wall” shall be installed perpendicular to the loading dock areas to further reduce truck or operational noise and to serve as an aesthetic screening feature for the loading area when adjacent to sensitive receptors.
9. All project lighting shall comply with the City’s “Dark Sky Ordinance”, Beaumont Municipal Code Chapter 8.50 Outdoor Lighting. Lighting shall be shielded and directed down to the interior of the site and not spill over onto adjacent properties.
10. Project facilities shall install electrical panels and conduit to facilitate future electrical connections, to eliminate idling of main and auxiliary engines during the loading and unloading process. At all cold storage facilities electrical connections shall be provided to each dock.
11. Facility construction and operational noise shall comply with Beaumont Municipal Code Chapter 9.02 Noise Control.
12. Sites shall be designed to significantly minimize aesthetic impact and structures shall have a neutral or earth tone palette, blending in with the surrounding environment. Pad heights shall be varied to provide visual dimension and reduce visible height of a structure.
13. Mechanical or structural equipment shall be placed out of public view and screened when visible.
Any mechanical or structural equipment or components located on the exterior of the building shall be screened from view and enclosed to protect the equipment and deter vandalism.
Operation
1. Facility operators shall prohibit truck drivers from idling more than five (5) minutes and require operators to turn off engines when not in use, in compliance with the California Air Resources Board regulations.
2. Facility operators shall coordinate with CARB and SCAQMD to obtain the latest information about regional air quality concentrations, health risks, and trucking regulations.
3. On-site equipment shall be compliant with CARB and SCAQMD regulations.
4. Facility operators shall require all drivers to park and perform any maintenance of trucks in designated on-site areas and not within the surrounding community or on public streets.
1.24.24 5. Facility operators for sites that exceed 250 employees shall establish a rideshare program, in accordance with AQMD rule 2202, with the intent of discouraging single-occupancy vehicle trips and promote alternate modes of transportation, such as carpooling and transit where feasible.
6. As minimum of 5% or as required by the Cal Green Code, whichever is greater of employee parking spaces shall be designated and infrastructure installed and operational for electric or other alternative fueled vehicles.
7. Externally announcing public address (PA) system are prohibited with the exception of emergency notifications.
8. Facility operational noise shall comply with Beaumont Municipal Code Chapter 9.02 Noise Control.
Any ongoing operational noise shall be evaluated through the CEQA process.
Wayfinding
1. Wayfinding signs shall be posted in the appropriate locations that trucks should not idle for more than five (5) minutes and that truck drivers should turn off their engines when not in use.
2. Wayfinding signage shall be posted in the appropriate locations that clearly show the designated entry and exit points for trucks, service vehicles and passenger vehicles.
3. Signs stating parking and maintenance of all trucks is to be conducted within designated areas and not within the surrounding community or on public streets shall be posted in the appropriate locations.
4. Signs should be posted in the appropriate locations and handouts should be provided that show the locations of nearest food options, fueling, truck maintenance services, and other similar convenience services, if these services are not available onsite. The facility operator shall also email this information to drivers expected to visit the site, 24 hours in advance of their arrival.
5. Each facility shall designate a point of contact responsible for implementing the measures described herein and/or in the project conditions of approval and mitigation measures. Contact information should be provided to the City and updated annually, and signs should be posted in visible locations providing the contact information for the point of contact to the surrounding community. These signs shall also identify the website and contact information for the South Coast Air Quality Management District.
6. Signage shall comply with the City’s Sign Ordinance, Beaumont Municipal Code Chapter 17.07 Signage, which may be amended from time to time.
Community Benefit
1. Applicants for proposed projects meeting the criteria for this policy shall engage in meaningful and transparent community outreach to engage the existing community in determining issues of concern. The applicant shall make a quantifiable effort to address concerns through site design and other means during the project entitlement process. Suggested outreach efforts include but are not limited to, hosting
1.24.24 community meetings, making presentations at Homeowner’s Association meetings, and Planning Commission workshops.
2. Warehouse/distribution, logistics, e-commerce and other similar types of industrial development typically produce some community impacts related to the construction and operation of these facilities. The applicant for any new project will be requested to participate in the community benefit fee program, which would will be utilized to further off-set potential air quality impacts to the community and provide a community benefit above and beyond any CEQA related mitigation measures. The fee Program participation would will be based on a nexus study and subject to the requirements of California Government Code sections 66000- 66025 (the “Mitigation Fee Act”), and Assembly Bill (AB) 1600. The fee will be collected on a one-time basis negotiated on a per-project basis. Funds collected through the fee program will be subject to designation for use by the City Council and will generally be used for projects that directly benefit the impacted community wherein the project is located.
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
DATE February 6, 2024
SUBJECT: FY2023-2024 Mid-Year Budget Report
Description Review mid-year budget status.
Background and Analysis:
Overview
As per the City of Beaumont Financial Management Policy, a mid -year budget report will be presented to the Mayor and City Council for review and discussion as an action item on a City Council agenda. This report provides financial data for the six months o f the fiscal year from July 1, 2023, to December 31, 2023, and provides the City Council with a broader look of the City’s financial picture at the mid-point of the fiscal year. The report focuses on the current fiscal year and provides an analysis of adop ted budget revenues and expenditure appropriations.
Economic Outlook
National Economy
Beacon Economics’ 2024 economic outlook forecasts slower growth than in 2023 but certainly no recession. According to Beacon, labor shortages and higher long-run interest rates will continue to vex businesses and debt-sensitive parts of the economy.
He continues to suggest that inflation will run warm, not hot, implying fewer rate cuts than the market has priced in.
The U.S. labor market added 216,000 jobs in December, outpacing economists’ expectation and higher than November’s gain of 173,000, closing out 2023 with a more robust labor market than economists expected. The overall unemployment rate remained unchanged at 3.7%. The labor market is a key indicator in the Federal Reserve’s interest rate hiking decisions as it continues to battle inflation which is still running above the Fed’s 2% target. At the most recent Federal Open Market Committee (FOMC) meeting last month, the Fed held its benchmark overnight interes t rate steady
at 5.25% to 5.5%, and indicated it is likely done with its tightening campaign, penciling in three rate cuts in 2024.
California Economy
According to HDL, the third quarter 2023 sales tax trends results show an overall 1.5% decline, which is shallower than the anticipated 2.5% decline forecast last quarter. The Building and Construction and Fuel and Service Stations groups performed better than expected, helping mitigate this overall contraction. Restaurants and Hotels, and Business and Industry groups showed positive YoY growth, in part due to online fulfillment. Regionally, most of California experienced declines, except for the Sierras, which saw some growth. Ongoing challenges remain interest rates and inflation, while consumer spending trends, and the impact of tourism and business travel post pandemic deserve a closer look. The Federal Reserve is expected to cut interest rates in late spring or summer to stimulate the economy, especially leading up to the national election in November 2024.
The double-digit gains of the past have slowed down in 2023 and consumer spending, while still positive, has cooled off, with a focus on the balance between discretionary and demand spending. Rising consumer credit delinquencies in auto loans and cre dit cards are noted, but personal savings rate remains at a decent level. California’s unemployment rate remains below 5%, and the impacts of AB 1228 on overall unemployment remain to be seen.
The forecast for the fourth quarter expects another slight dec line, making four consecutive quarters of decline for the calendar year. A soft landing is expected however, with interest rates coming down and eventual positive growth in 2024-2025.
Despite acknowledged headwinds, there is no imminent indication of a recession or significant pullback, providing a positive outlook for future growth.
City of Beaumont
The unemployment rate in the Riverside-San Bernardino-Ontario MSA was 5.1 percent in November 2023, held flat from October 2023, and higher than the year -ago estimate of 4.1 percent. The unemployment rate was 5.1 percent in Riverside County, and 5.0 percent in San Bernardino County.
The City had an overall slight decline in total permit activity in calendar year 2023.
Calendar year 2022 had a significant increase from 2021 and in comparison, calendar year 2023 is above calendar year 2021 by 38%. Below is a table representing the permit data for the City of Beaumont over the last ten calendar years. Permit activity for 2023 had a decrease in permits issued from 2022 by .9% -(29).
General Fund
Overview
As of December 31, 2023, General Fund Revenues and Sources of Funds totaled $21M, a decrease of 9% ($2M) from the same point last year. Expenditure and Uses of Funds totaled $22.7M, which is an increase of 15% ($3.4M) from last year’s midway point.
For this period, July through December 2023, Expenditure and Sources of Funds exceeded Revenues and Uses of Funds by approximately $1.6M. Several of the General Fund’s larger revenue streams, such as Property Taxes, are received in the latter half of the fiscal year. Historically, during the first six month of the fiscal year, the General Fund cash flow needs are reliant upon the City’s 16% Operating Reserve which prevents the City from having to borrow funds (i.e. issue tax and revenue anticipation notes), thereby avoiding additional interest and issuance expenses.
The table below summarizes this activity for the current year, as well as the two previous years.
Revenue and Sources of Funds
The General Fund has many sources of revenues with the Tax category accounting for 68% of the total General Fund budget. The taxes category includes Property Tax, Sales Tax, and Other Taxes such as Utility Users Tax and Transient Occupancy Tax.
Sales Tax – Sales tax revenue is a significant source of tax revenue for the City of Beaumont. It is comprised of two components: the City’s share of the State sales tax rate and a voter approved 0.5% general sales tax for public safety. At the mid -year point of the fiscal year, sales tax receipts are down from the same point last year, with only revenue received as of October 2023. November and December 2023 Sales Taxes will record during third quarter. The table below summarizes these balances, as well as those of the two previous years.
FY23-24
Budget*
FY23-24 Mid-
Year
% of
Budget
FY22-23 Mid-
Year
FY21-22 Mid-
Year
Revenues and Sources of Funds 67,789,803 21,038,519 31%23,113,249 14,035,302 Expenditures and Uses of Funds 66,626,285 22,707,720 34%19,297,333 17,433,555
Property Taxes – Property tax revenue is comprised of two major components: real property taxes and personal property taxes. At the mid-year point of the fiscal year, property taxes are currently at 28% and expect majority of this revenue is expected to be received in the second half of the fiscal year. The table below summarizes these balances, as well as those of the previous two years.
FY23-24
Budget*
FY23-24 Mid-
Year
% of
Budget
FY22-23 Mid-
Year
FY21-22 Mid-
Year
Real Property Taxes 7,569,785 2,102,144 28%2,214,667 1,965,896 Personal Property Taxes 236,531 319,230 135%243,358 207,936 FY23-24
Budget*
FY23-24 Mid-
Year
% of
Budget
FY22-23 Mid-
Year
FY21-22 Mid-
Year
Sales Taxes 28,374,719 9,064,943 32%9,074,544 3,788,432 Sales Taxes (1/2 cent public safety)257,705 108,009 42%108,898 94,146
Other Taxes – Other taxes are comprised of Motor Vehicle In-Lieu Taxes, Vehicle License Collections, Utility Users Tax, and Transient Occupancy Tax. At the mid-year point of the fiscal year, other taxes are up 4% ($37K) from the same point last year. The table below summarizes these balances, as well as those of the previous two years.
Most of this revenue is received in the second half of the fiscal year.
Franchise Fees – Franchise fees are collected from Edison, cable company providers, Verizon and Frontier, Gas Company, and Waste Management. At the midpoint of the fiscal year, current year franchise fees are down less than 1% ($12K) from the same point last year. The table below summarizes these balances, as well as those of the two previous years.
FY23-24
Budget*
FY23-24 Mid-
Year
% of
Budget
FY22-23 Mid-
Year
FY21-22 Mid-
Year
Motor Veh In-Lieu Taxes 7,649,446 - 0%- - Veh License Collection 63,324 - 0%- - Utility Users Tax 2,152,970 1,104,724 51%1,067,237 887,559 Transient Occupancy Tax 416,381 102,520 25%107,435 102,356
Other Revenue Categories – The remaining revenue categories represent 26% of total General Fund Revenues and Sources of Funds. The following table details the mid-year performance of each category for the current year, as well as the two most recent years.
FY23-24
Budget*
FY23-24 Mid-
Year
% of
Budget
FY22-23 Mid-
Year
FY21-22 Mid-
Year
Edison 459,879 - 0%- - Cable 449,253 75,090 17%83,020 90,374 Verizon/Frontier 100,206 18,602 19%23,651 28,750 Gas Company 190,576 - 0%- - Waste Management 2,100,000 1,575,000 75%1,575,000 1,575,000
By year end, these categories in total are projected to exceed budgeted amounts.
Projected results for each major revenue category are shown in the following table.
Expenditures and Uses of Funds
Expenditures and Uses of Funds are $22.7 or 34% at midyear. This represents a 9.8% ($3.4M) increase from the same point last year. The following table shows mid-year expenditures organized by department for the current year, as well as the two preceding years.
FY23-24
Budget*
FY23-24 Mid-
Year
% of
Budget
FY22-23 Mid-
Year
FY21-22 Mid-
Year
Business License 375,000 149,550 40%133,268 127,618 Permits 2,479,689 1,791,555 72%2,348,540 2,095,088 Charges for Services 2,543,775 880,886 35%83,901 553,044 Fines and Forfeitures 115,000 56,800 49%39,733 69,216 Cost Recovery 866,920 306,109 35%80,341 297,096 Investment Earnings 997,342 2,137,480 214%1,780,565 (27,640) Other Income 123,518 153,980 125%136,116 75,304 Sale of Property 750,000 818 0%83,664 1,129 Transfers-In 8,218,067 410,711 5%4,304,310 3,549,755 FY23-24
Budget
FY23-24
Projected
% of
Budget
Sales Tax 28,374,719 29,227,923 103%
Property Tax 9,106,031 9,379,842 103%
Other Taxes 10,539,828 10,856,752 103%
Franchise Fees 3,299,914 3,299,914 100%
Other Revenue 16,469,311 16,730,407 102%
Total General Fund Revenue 67,789,803 69,494,838 103%
General Fund expenses are also shown by category in the following table.
FY23-24
Budget*
FY23-24 Mid-
Year
% of
Budget
FY22-23 Mid-
Year
FY21-22 Mid-
Year
Non-Departmental 7,219,292 7,802 0%97,636 (158,401) City Council 202,143 29,608 15%22,510 14,622 City Clerk 566,449 219,577 39%108,795 109,451 Administration 2,628,272 457,331 17%447,436 520,857 Communications 390,477 87,108 22%- - Finance 1,942,334 846,585 44%724,363 472,435 IT 1,935,736 1,058,427 55%824,322 716,305 Economic Development 1,942,282 294,228 15%129,880 - Risk and HR 3,625,354 2,356,297 65%2,518,617 2,101,730 Legal 1,500,000 645,200 43%476,279 369,765 Community Development 812,062 374,203 46%287,752 218,129 Community Services 1,905,744 860,288 45%481,819 291,114 Animal Control 385,923 177,353 46%168,639 172,669 Community Enhancement 362,525 156,732 43%134,486 80,720 OES 15,000 - 0%- - Police 16,595,718 8,325,398 50%7,489,131 6,279,508 K-9 14,214 4,819 34%2,770 5,607 Police Support 2,928,561 1,202,426 41%1,078,141 836,884 Fire 6,820,202 36,881 1%84,413 83,555 Building and Safety 1,591,222 554,600 35%631,172 576,931 Public Works 3,646,165 1,089,747 30%603,794 501,105 Street Maintenance 2,777,751 1,089,912 39%953,404 817,905 Building Maintenance 1,162,987 526,610 45%343,850 306,198 Parks and Grounds 5,655,872 2,307,589 41%1,688,123 1,548,366 Total General Fund Expenditures 66,626,285 22,708,720 34%19,297,333 15,865,455
By year end, these categories in total are projected to total less than budgeted amounts.
Projected results for each expenditure category are shown in the following table.
Fund Balance
Fund balance is comprised of reserves and designations for specific operating needs or purposes. The 16% Working Capital Reserve is used to provide sufficient cash flow during the first half of the fiscal year, primarily resulting from timing differences b etween expenditures and revenues. The Budget Stabilization Reserve is established for the purpose of stabilizing delivery of services during periods of budget deficits and to FY23-24 Budget
FY23-24
Projected
% of
Budget
Personnel 30,286,654 28,901,842 95%
Operating 25,666,867 22,574,254 88%
Capital 3,960,682 3,838,069 97%
Contingency 150,000 150,000 100%
Transfers 6,562,079 6,562,079 100%
Total General Fund Expenditures 66,626,282 62,026,244 93% FY23-24
Budget*
FY23-24 Mid-
Year
% of
Budget
FY22-23 Mid-
Year
FY21-22 Mid-
Year
Personnel 30,286,654 14,192,907 47%12,322,054 9,922,564 Operating 25,666,867 7,093,427 28%6,139,432 5,194,793 Capital 3,960,685 1,420,781 36%719,571 748,100 Contingency 150,000 14,352 10%18,641 - Transfers 6,562,079 - 0%97,636 - Total General Fund Expenditures 66,626,285 22,721,467 19,297,334 15,865,457
mitigate the effects of major economic uncertainties resulting from unforeseen changes in revenues and/or expenditures. The Emergency Disaster Reserve is to cover emergency costs related to any disaster caused by nature or human. Any remaining fund balance is available for City Council appropriation or can be reserved for future appropriation.
The unassigned fund balance at the start of the fiscal year was $30.47M. On September 19, 2023, the City Council re-appropriated unexpended expenditures from FY2022-2023 in the amount of $2.5M. On January 16, 2023, the City Council approved a bu dget amendment to program $5M of the fund balance to the Potrero Interchange project.
Taking into consideration projected revenues and expenditures at the fiscal year -end, fund balance is expected to total approximately $28M. The following table illustrate s projected reserve balances at year-end.
(Amounts Below are in Millions)
7/1/2023 6/30/2023
Fund
Balance
Estimated
Fund
Balance
16% Cash Flow Reserve 10.85 10.85
Budget Stabilization Reserve 5 5
Emergency Disaster Reserve 1 1
Non-Allocated Available
Reserves 13.62 22.47
Beginning Balance 30.47
Re-Appropriation of Funds -2.5
MOU Placeholder -0.5
Potrero Project -5.0
Wastewater Fund
As of December 31, 2023, Wastewater Revenues and Sources of Funds totaled $4.6M, an increase of 6% ($300,000) from the same point last year. Expenses and Uses of Funds totaled $6.8M, which is approximately an increase of 8% ($549,974) from last year’s midway point.
Revenues – The Wastewater revenues are projected to increase slightly by $2,420, mostly from an increase in investment revenue and sewer service charge fees. Sewer service charge fees are billed bi-monthly, and the mid-year report represents two billings. The following table details the mid-year performance of each category for the current year, as well as the two most recent years.
7/1/2023 6/30/2023
Fund
Balance
Estimated
Fund Balance
16% Cash Flow Reserve 10.85 10.85
Budget Stabilization Reserve 5 5
Emergency Disaster Reserve 1 1
Non-Allocated Available Reserves 13.62 22.47
Beginning Balance 30.47
Re-Appropriation of Funds -2.5
MOU Placeholder -0.5
Potrero Project -5.0
Estimated FY24 activity 6.3
Unassigned Fund Balance 22.47 28.77
Expenses - Expenses and Uses of Funds are $6.8M or 50% at midyear. This represents an 8% ($549,974) increase from the same point last year. The following table shows mid-year expenditures organized by department for the current year, as well as the two preceding years.
FY23-24
Budget*
FY23-24 Mid-
Year
% of
Budget
FY22-23 Mid-
Year
FY21-22 Mid-
Year
Permits - - 0%- 150 Fines and Forfeitures - - 0%- - Cost Recovery 3,500 - 0%- 283 Miscellaneous 120,000 119,239 99%30,870 5,293 Proprietary Revenues 13,299,301 4,616,485 35%4,350,686 3,715,859 Other Financing Sources 2,420 0%3,052 - Transfers - - 0%- - Total Wastewater Revenues 13,422,801 4,738,144 4,384,608 3,721,585
By year end, these categories in total are projected to total less than budgeted amounts.
Projected results for each expenditure category are shown in the following table.
FY23-24
Budget*
FY23-24 Mid-
Year
% of
Budget
FY22-23 Mid-
Year
FY21-22 Mid-
Year
Personnel 2,439,376 1,179,808 48%1,211,800 993,084 Operating 5,629,530 1,879,926 33%1,272,287 1,739,066 Capital 101,300 36,410 36%208,947 319,626 Contingency 200,000 203,273 102%- - Transfers 5,356,153 3,547,609 66%3,604,018 2,832,652 Total Wastewater Expenses 13,726,359 6,847,026 50%6,297,052 5,884,428
Transit Fund
As of December 31, 2023, Transit Revenues and Sources of Funds totaled $1.9M, an increase of 32% ($621,699) from the same point last year. Expenses and Uses of Funds totaled $1.3M, which is approximately an increase of 13% ($185,700) from last year’s midway point.
Revenues – The Transit revenues are projected to increase 6% ($187,212), mostly from an increase in investment earnings. EV Charging station revenues are journaled monthly, and the route fees are received daily. The following table provides details.
FY23-24 Budget
FY23-24
Projected
% of
Budget
Personnel 2,439,376 2,398,481 98%
Operating 5,629,530 5,324,987 95%
Capital 101,300 101,300 100%
Contingency 200,000 203,273 102%
Transfers 5,356,153 5,356,153 100%
Total Wastewater Expenses 13,726,359 13,384,194 98%
Expenses - Expenses and Uses of Funds are $1.3M or 46% at midyear. This represents a 13% ($185,700) increase from the same point last year. The following table shows mid-year expenditures organized by department for the current year, as well as the two preceding years.
FY23-24
Budget*
FY23-24 Mid-
Year
% of
Budget
FY22-23 Mid-
Year
FY21-22 Mid-
Year
- - 0%- - Taxes 169,000 84,500 0%90,667 51,667 Intergovernmental 2,785,644 1,770,562 64%1,124,125 1,277,079 Miscellaneous 18,000 33,486 186%56,378 6,694 Proprietary Revenues 21,025 30,826 147%19,639 59,827 Other Financing Sources 4 0%6,870 - Transfers - - 0%- - Total Transit Revenues 2,993,669 1,919,378 1,297,679 1,395,266
By year end, these categories in total are projected to total slightly less than the budgeted amounts. Projected results for each expenditure category are shown in the following table.
Other Funds
Governmental Funds
Other funds of the City are used to segregate resources that are for a specific purpose.
All governmental fund positions at the mid-point are listed in the table below.
FY23-24 Budget
FY23-24
Projected
% of
Budget
Personnel 2,283,147 2,268,785 99%
Operating 704,316 645,009 92%
Capital 6,206 6,206 100%
Contingency - - 0% Transfers - - 0% Total Transit Expenses 2,993,669 2,920,000 98% FY23-24
Budget*
FY23-24 Mid-
Year
% of
Budget
FY22-23 Mid-
Year
FY21-22 Mid-
Year
Personnel 2,283,147 1,105,990 48%975,528 883,671 Operating 704,316 271,076 38%214,330 239,599 Capital 6,206 1,552 25%3,059 3,848 Contingency - - 0%- - Transfers - - 0%- - Total Transit Expenses 2,993,669 1,378,617 46%1,192,917 1,127,118
Propriety Funds
When the City charges customers for certain services it provides, these services are generally reported in proprietary funds. There are two types of proprietary funds:
enterprise fund (business-type activities) and internal service funds (internal allocation costs). The following table shows the proprietary fund positions at the mid-year point.
Recommended Grant Budget Amendments
Public Works - The Bi-Annual Community Clean-Up uses resources from Cal Recycle Grant funding within the Public Works Department – Solid Waste, SB 1383 Local Assistance Grant. $20,000 in additional funding is recommended to the budget from this grant.
Beginning Fund Balance
FY 2024 Budgeted
Revenues
FYTD 2024 Actual
Receipts %FY 2024 Budgeted
Expenditures
FYTD 2024 Actual
Disbursements %T/D Ending Fund
Balance
100 GENERAL FUND 35,456,303.91 67,789,803.00 21,038,518.97 31%70,006,721.00 22,721,974.14 32%33,772,848.74 120 SELF INSURANCE 6,329,219.38 - 333,790.28 0%- 68,400.94 0%6,594,608.72 200 GAS TAX - 1,566,996.00 823,659.24 53%1,566,996.00 391,774.00 25%431,885.24 201 SB1 2,329,870.55 1,353,950.00 586,792.33 43%2,018,738.00 (25.00) 0%2,916,687.88 202 MEASURE A 2,895,980.53 743,600.00 280,507.69 38%2,264,528.00 - 0%3,176,488.22 205 AQMD 267,785.11 72,300.00 24,220.79 34%90,000.00 86,834.10 0%205,171.80 210 PEG 35,711.17 19,238.00 4,314.96 22%14,630.00 4,566.70 31%35,459.43 215 CDBG/GRANTS (407,984.19) 4,120,150.00 16,364.83 0%4,918,281.00 625,842.47 13%(1,017,461.83) 220 COPS 523,785.60 159,459.00 33,418.94 21%171,992.00 115,906.73 67%441,297.81 225 ASSET SEIZURES (STATE)294,397.72 - 1,875.09 0%- 25.00 0%296,247.81 230 ASSET SEIZURES (FEDERAL)59,719.24 - 38,407.72 0%- - 0%98,126.96 240 OTHER FUNDS 409,241.73 52,839.00 35,988.56 68%144,970.00 39,190.56 27%406,039.73 250 CFD-ADMIN 1,329,821.12 1,802,415.00 23,688.26 1%1,854,890.00 132,498.20 7%1,221,011.18 255 CFD-MAINT SVCS 70,092.92 3,950,426.00 7,405.07 0%4,851,993.00 35,280.60 1%42,217.39 260 CFD-PUBLIC SAFETY 197,521.59 1,086,506.00 3,527.26 0%1,086,506.00 - 0%201,048.85 500 GENERAL CAPITAL PROJECTS 39,101,617.32 106,745,732.00 4,133,587.71 4%109,578,732.00 9,953,830.47 9%33,281,374.56 510 CFD CAPITAL PROJECTS 13,214,314.25 1,058,869.00 2,336,463.19 0%10,487,937.00 226,645.98 0%15,324,131.46 550 DIF 6,728.22 - 120.16 0%- - 0%6,848.38 552 BASIC SERVICES DIF 1,703,433.15 238,218.00 110,015.36 46%698,664.00 42,404.26 0%1,771,044.25 554 GENERAL PLAN DIF 231,129.48 27,953.00 11,622.94 42%- - 0%242,752.42 555 RECREATIONAL FACILITIES DIF 2,500,479.58 391,556.00 195,905.89 50%900,000.00 - 0%2,696,385.47 556 TRAFFIC IMPACT DIF 1,371,765.82 174,068.00 88,939.60 51%984,378.00 92,200.00 9%1,368,505.42 558 RAILROAD CROSSING DIF 2,809,846.12 195,490.00 116,369.32 60%773,561.00 5,251.75 0%2,920,963.69 559 POLICE FACILITIES DIF 1,874,579.00 282,666.00 111,205.73 39%1,515,854.00 8,151.36 0%1,977,633.37 560 FIRE STATION DIF 5,799,822.34 354,691.00 231,415.22 65%4,400,000.00 - 0%6,031,237.56 562 ROAD AND BRIDGE DIF 12,090,362.68 1,388,471.00 4,548,662.02 328%11,341,021.00 (1,352.50) 0%16,640,377.20 566 EMERGENCY PREPAREDNESS DIF 806,387.02 344,446.00 110,337.37 32%- - 0%916,724.39 567 COMMUNITY PARK DIF 2,981,755.80 624,440.00 137,636.83 22%914,828.00 - 0%3,119,392.63 568 REGIONAL PARK DIF 1,977,512.20 - 35,252.77 0%1,871,479.00 5,924.00 0%2,006,840.97 569 NEIGHBORHOOD PARK DIF 3,770,090.08 756,574.00 169,450.19 22%1,349,000.00 - 0%3,939,540.27 570 PASS THROUGH DIF 6,882,593.93 - 0%9,758,000.00 755,937.76 0%6,126,656.17 850 Beaumont Financing Authority 35,953,179.63 3,080,846.00 2,500,665.18 81%3,080,846.00 2,428,021.90 0%36,025,822.91 855 Beaumont Public Improvement Authority 47,777,680.32 3,023,346.00 2,723,295.94 90%3,023,346.00 2,723,125.97 0%47,777,850.29 TOTALS 140,031,289.44 195,300,856.00 35,589,464.29 18%249,667,891.00 40,462,409.39 16%141,065,429.97
GOVERNMENTAL FUNDS
Beginning Fund
Balance
FY 2024
Estimated
Revenues
FYTD 2024
Actual Revenues %
FY 2024
Budgeted
Expenditures
FYTD 2024
Actual
Expenditures
%T/D Ending Fund
Balance
564 RECYCLED WATER DIF 4,119,073.25 442,851.00 460,505.05 104%3,972,634.00 2,873.75 0%4,576,704.55 600 INTERNAL SERVICE FUND 8,359,174.89 1,814,483.00 565,411.00 31%7,014,037.00 731,115.99 10%8,193,469.90 700 WASTEWATER 7,574,329.71 13,422,801.00 4,738,144.21 35%13,726,359.00 6,847,026.08 50%5,465,447.84 705 WASTEWATER DIF 9,714,063.78 2,172,351.00 1,274,934.68 59%9,435,221.00 - 0%10,988,998.46 710 WASTEWATER CAPITAL PROJECTS107,266,694.48 24,277,012.00 3,555,097.86 15%24,548,883.00 3,574,745.97 15%107,247,046.37 750 TRANSIT (75,904.84) 2,993,669.00 1,935,728.45 65%2,993,669.00 1,378,581.22 46%481,242.39 755 Transit GASB 68 Fund 512,421.35 - - 0%- - 0%512,421.35 760 TRANSIT CAPITAL PROJECTS 2,515,106.61 14,151,692.00 94,866.28 1%14,151,692.00 124,677.47 1%2,485,295.42 TOTALS 139,984,959.23 59,274,859.00 12,624,687.53 21%75,842,495.00 12,659,020.48 17%139,950,626.28
PROPRIETARY/ENTERPRISE FUNDS
Police - The Police Department is requesting to use $63,300 of the $80,000 grant funding from the Selective Traffic Enforcement Program (STEP) which is received from the California Office of Traffic Safety. The perfo rmance period extends into FY24/25 with a grant period ending on 09/30/2024, therefore the remaining grant funds will be budgeted in the following fiscal year.
Recommended General Fund Budget Amendments
As the year progresses, certain items and issues arise that are unforeseen in the budget process. These items are brought forth to Council in requested budget amendments. The following are recommended budget amendments for the General Fund.
MOU agreements require a one-time 2.5% bonus for years that General Fund revenues exceed budget by 10% verified by the City’s final audit. For FY2022-2023, the revenues exceeded 10% of budget. The following budget amendment appropriates the funds for the 2.5% Bonus payments for all MOUs and includes the subsidized transfer of funds to the Wastewater and Transit Funds to cover those costs. This budget amendment will come from the fund balance.
Building Maintenance – Requesting $10,000 additional funding to cover operat ions and maintenance due to the 4th Street building lease which was established after the FY23/24 Budget.
Movement of funds between departments – Decrease $7,000 from Parks and Grounds Maintenance department and increase $7,000 for Building Maintenance t o cover Vehicles assigned to Building Maintenance.
Parks and Grounds Maintenance – Requesting $225,000 to support ongoing operations and maintenance due to renewal of contract agreement with West Coast Arborists for tree trimming and maintenance services.
Self-Insurance Fund Budget Adjustments
The Self-Insurance Fund is used for settlements and claims arising from litigation activity within the City. There have been settlement and restitution receipts in the amount of $219,728 and interest was not acco unted for, the recommended budget increase to revenue is $445,000. The City has also had to pay a settlement in the amount of $68,400. The recommended budget increase to expenditures is $70,000.
Capital Improvement Program Mid-Year Updates
The Capital Improvement Plan (CIP) outlines a schedule of public service expenditures.
The CIP does not address all of the capital expenditures for the City, but provides for large, physical improvements which are permanent, including the basic facilities, services and installations needed for the functioning of the community. The CIP also includes major contractual contracts that can stem over multiple years or use funds that have been provided through development.
The adoption of the CIP commits the City Council to spend money on projects listed in the current fiscal year only. On 01/16/2024, the City Council reviewed and approved the CIP adjustments in a public hearing. Those adjustments have been included as Attachment G.
Fiscal Impact:
The estimated cost to prepare this report is $561.
Recommended Action:
Receive and file report.
Attachments:
A. Public Works – Solid Waste Budget Amendment Request
B. Police Department – OTS Budget Amendment Request
C. MOU Lump Sum Payment Budget Amendment
D. Community Services – Facilities Budget Amendment Request E. Community Services – Parks and Grounds Budget Amendment Request F. Self-Insurance Fund Budget Amendment
G. Capital Improvement Plan Mid-Year Budget Amendment