Figure 1- Vicinity Map
The principal, 1151 EAST 6TH STREET, LLC. is proposing to construct all street improvement work associated with the following improvements:
• Public Works No. 2021-0623, as shown on City File No. 3481, under cash with Receipt No. R01544008 for CUP 2019-0042,0043.
1151 EAST 6TH STREET LLC. has provided a security agreement and security in the form of a bond for the public improvements. The agreement has been reviewed by staff and found to be consistent with the Beaumont Municipal Code. The following table is a summary of the security.
Table 1
Receipt #
Security Type
Type of
Improvement
Principal
R01544008
CASH
Street
BEYOND BEAUMONT
City staff recommends that City Council accept the Security Agreement and securities listed in Table 1.
Fiscal Impact:
The cost of preparing the staff report is estimated to be $350. The developer maintains all associated improvements during construction and maintenance period. The City is not liable for public improvement maintenance until the public improvements are accepted into the City's publicly maintained system.
Recommended Action:
Approve Subdivision Improvement Agreement and Accept Security for Plot Plan 2019- 0253 for Street Improvements.
Attachments:
A. PP2019-0253 - Improvement Agreement Package
RECORDING REQUESTED BY:
CITY CLERK
WHEN RECORDED RETURN TO:
City Clerk
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
-D.i1VONOWE
,FEB0 61014
By LP 1:0 Li Apr
SPACE ABOVE THIS LINE FOR RECORDERS USE
CITY OF BEAUMONT
SUBDIVISION IMPROVEMENT AGREEMENT
PLOT PLAN NO. PP2019-0253
DATE OF AGREEMENT: FEBRUARY 2 2024
NAME OF SUBDIVIDER: 1151 EAST 6TH STREET LLC , a CA LLC to as "Subdivider"
. (hereinafter referred
NAME/NUMBER OF DEVELOPMENT: Beyond Beaumont subdivision consisting of residential lots, , originally approved on
, and Tentative Tract/Parcel ("Tract/Parcel" or
"Tentative Tract/Parcel Map") , originally approved on:
FINAL TRACT/PARCEL MAP APPROVED ON
RECORDED ON AS INSTRUMENT NUMBER
"Final Tract Ma /Final Parcel Map").
PROPERTY SUBJECT TO AGREEMENT: The real property which is the subject of this Agreement is located in the City of Beaumont, County of Riverside and is described in Exhibit "A" attached hereto and incorporated herein (hereinafter the "Property").
EST. TOTAL COST OF
EST. TOTAL COST OF EST. TOTAL COST OF
PUBLIC IMPROVEMENTS: PRIVATE IMPROVEMENTS: MONUMENTATION:
$ 19,093.45
(see Exhibit "B")
$
(see Exhibit "B")
BOND NUMBERS: Cash Bond - R01544008 (Receipt)
LETTER OF CREDIT NUMBERS:
FINANCIAL INSTITUTION:
(see Exhibit "B")
THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is made and entered into by and between the City of Beaumont, a California municipal corporation (hereinafter referred to as "City"), and 1151 EAST 6TH STREET LLC , a CA LLC (hereinafter referred to as "Subdivider"). City and Subdivider are sometimes referred to hereinafter individually as a "Party", and collectively as the "Parties".
RECITALS
A. Subdivider is the owner of certain real property located in the City of Beaumont legally described on Exhibit "A" attached hereto and incorporated and made part of this Agreement by this reference (the "Property").
B. The conditions of approval of the above referenced Tentative Tract Map and any related entitlements, which are hereby incorporated herein by this reference, require that prior to the issuance of building permits, the Subdivider and the City shall enter into a subdivision improvement agreement, secured with sufficient security, as a guarantee of the construction and completion of all public and private improvements and land development work required by said conditions of approval and by the City subdivision laws and codes.
D. In consideration of the approval of a final map by the City Council, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivisoion. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws.
E. Improvement Plans (the "Plans") for the construction, installation, and completion of the public and private improvements are being or have been prepared by Subdivider and will be subject to approval by the Director of Engineering/Public Works ("City Engineer"). The City has adopted standards (hereinafter "Standards") for the construction and installation of improvements within the City, and the Plans will be prepared in conformance with the Standards in effect on the date of the approval of the Application. The Plans will be on file in the Office of the City Engineer and are incorporated into this Agreement by this reference as if set forth fully herein. All references in this Agreement to the Plans shall be deemed to include reference to any specifications for all of the improvements as approved by the City Engineer.
F. An estimate of the cost for construction of the public and private improvements and performing the land development work according to the Plans has been made and approved by the City Engineer. The estimated cost of these improvements is set forth on Page One (1) of this Agreement, and the basis for the estimate is attached hereto as Exhibit "B" and incorporated and made part of this Agreement by this reference. The amounts of the Improvement Securities required to be posted with this Agreement are also based upon the estimate in Exhibit "B".
G. For the purposes of this Agreement, the term "Public Improvements" means all those improvements within the Tract/Parcel intended for transfer or conveyance to the City or other public agency. The estimated cost of their construction is included in the above estimate included herein as Exhibit "B".
NOW, THEREFORE, in consideration of the issuance of the Final Tract map, Subdivider and City hereby agree as follows:
1. Subdivider's Obligation to Construct Improvements.
(a) In constructing and installing the improvements, Subdivider shall comply with all of the requirements and conditions of approval of in the Tentative Tract Map, related entitlements as well as the provisions of the Municipal Code and Subdivision Laws. (b) Subdivider shall complete, at its own expense, all the public and private improvements and related work on the Development, as required by the conditions of approval of the Tentative Map and related entitlements in conformance with the approved Plans and City Standards, including without limitation, those improvements set forth in Exhibit "B" (hereinafter collectively the "Improvements") within twenty-four (24) months of the date of this Agreement, unless a time extension is granted by the City as authorized by Section 20 of this Agreement.
(c) Notwithstanding the time limits specified in Section 1(b) above, no single family dwelling unit or group of units shall be given final inspection and clearance for occupancy by City unless the private and public streets providing access to and fronting such units are completed, the final lifts of pavement on the streets are in place, and all wet and dry utility services (e.g. sewer, water, electrical power, telephone, gas, etc.) to such units are in place and are operational.
(d) Subdivider shall furnish the necessary materials for completion of the Improvements in conformity with the Plans and City Standards.
(e) Subdivider shall acquire and dedicate, or pay the cost of acquisition by the City, of all rights -of -way, easements and other interests in real property required for construction or installation of the Improvements, free and clear of all liens and encumbrances.
Subdivider's obligations relating to acquisition by City of off -site rights -of -way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. Subdivider shall also be responsible for obtaining any public or private drainage easements or authorizations therefor to accommodate the Development. (f) Subdivider shall furnish and install all monuments, stakes and property corners on the lots and streets in the Property as specified on the final recorded tract maps for the Development in accordance with the provisions of the Subdivision Laws, and shall submit centerline tie sheets to City, within thirty (30) days after completion of the Improvements, or as specified in any separate monument agreement with the City, but in any event prior to their acceptance by the City
2. Improvement Securities.
(a) Subdivider agrees to secure this Agreement with good and sufficient improvement securities in a form approved by the City Attorney (referred collectively hereinafter as "Improvement Securities" and individually as "Improvement Security") to guarantee the construction and completion of all the improvements in the Development. All such improvement securities shall be posted with the City prior to the City's final building inspection and issuance of a Certificate of Occupancy for any single family dwelling constructed by Subdivider, its agents, assigns or contractors, on any lot within the Development, as described in Exhibit "A". Said securities are estimated at this time in Exhibit "B" to be in the following amounts, and shall be for the purposes described as follows:
(i) and 00/100 DOLLARS ($XXX,XXX.XX) to ensure
faithful performance of the construction and installation of the public and private Improvements required by this Agreement ("Performance Security"), which amount is 100% of the estimated cost of the Improvements as set forth in Exhibit "B"; and (ii) and 00/100 DOLLARS ($XXX,XXX.XX) to
secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100%) of the estimated cost of the Improvements; and (iii) and 00/100 DOLLARS ($ XX,XXX.XX) in the form
of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one (1) year following acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished ("Warranty Security"). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Security must be provided by Subdivider to City prior to the City's release of any bonds or Improvement Securities filed with this Agreement.
Nineteen Thousand and Ninety Three
iv - • and 45/100 Dollars ($19,093.45) in the form of a cash deposit, which is 100% of the estimated cost of setting all final subdivision monuments, boundary corners, front and rear lot corners and centerline ties not previously set or submitted on the lots and streets within the Property as described in Exhibit "A", and for the preparation and recordation of any related Certificate of Correction, as required by Section 66469 of the State Subdivision Map Act. (b) The Improvement Securities required by this Agreement shall be kept on file with the City Clerk. If surety bonds are used, they must be issued by a surety company currently admitted to transact surety insurance business in California by the California Department of Insurance, with a Best's Insurance Guide rating of no less than A-. The terms of any documents evidencing such Improvement Securities as set forth in this Section 2 or
referenced on Page One (1) of this Agreement, are incorporated into this Agreement by this reference as if set forth fully herein. If any Improvement Security is replaced by another type or kind of approved Improvement Security, subject to the approval of the form thereof by the City Attorney, the replacement shall be filed with City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a satisfactory replacement Improvement Security with the City Clerk, the former Improvement Security shall be released.
(c) Subdivider agrees to keep its Improvement Securities in full force and effect until they are reduced or released by City. If any Improvement Security provided by Subdivider is cancelled or terminated for any reason by the action of a surety, financial institution or other party, it shall be the responsibility of the Subdivider to immediately, upon written notice from City, provide a substitute Improvement Security which conforms to all the requirements of this Section 2 in the same amount or amounts. (d) Any additions, changes, alterations, or modifications of this Agreement or to the Plans, Specifications and Improvements referred to herein, including any extension of time within which the work hereunder may be completed, shall not release or exonerate any surety or sureties on the Improvement Security given in connection with this Agreement.
3. Alterations to Improvement Plans; Modification of City Standards. (a) Any changes, alterations or additions to the Plans or to the Improvements, not exceeding 10% of the original estimated cost of the Improvements, which are mutually agreed upon by City and Subdivider, shall not require Subdivider to increase any Improvement Securities provided under this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the Improvements, Subdivider shall provide additional Performance Security as required by Section 2 of this Agreement for 100% of the total estimated cost of the Improvements as changed, altered, or amended, minus any completed partial releases allowed by Section 7 of this Agreement.
Subdivider shall also provide additional Labor & Materials Security as required by Section 2 of this Agreement for 50 % of the total estimated cost of the Improvements as changed, altered, or amended.
(b) Subdivider shall construct all Improvements in a good and workman like manner and in accordance with the City Standards in effect as of the date of the Approval Action specified on Page One (1) hereof. The City reserves the right to modify the Standards applicable to the Subdivision and this Agreement, when necessary to protect the public safety or welfare or to comply with applicable State or Federal law or City zoning ordinances. If Subdivider requests and is granted an extension of time for completion of the Improvements, the City may apply the Standards in effect at the time the extension is granted.
4. Modification of Drainage Plan. Subdivider agrees that if during the course of construction and installation of Improvements it shall be determined by the City Engineer that revision of the
drainage plan is necessary in the public interest, it will undertake such design and construction changes as may be reasonable and as are indicated by the City Engineer and approved by City.
Said changes, if any, shall be confined to the Property.
5. Reserved.
6. Inspections; Final Acceptance and Certification of Improvements. (a) Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by City inspectors and to the shops wherein any work is in preparation.
(b) Upon completion of the Improvements covered in this Agreement, the Subdivider shall request a final inspection by the City Engineer or his/her authorized representative.
Following receipt of such request, the City Engineer shall inspect the Improvements, make certain determinations and take certain actions as follows:
(i) If the City Engineer, or his/her authorized representative, determines that the Public Improvements requiring acceptance by another public agency have been completed in accordance with this Agreement, then the City Engineer shall request said agency to make a final inspection of such improvements and certify to the City that such improvements have been completed and installed to the satisfaction of said agency. Upon receipt of such certification, the City Engineer may release or reduce the securities held for such improvements. Any certification and/or acceptance of the Public Improvements shall not constitute a waiver of any defects by City.
(ii) For Improvements not requiring dedication to or acceptance by the a public agency (the "Private Improvements"), the City Engineer or his/her authorized representative shall inspect such improvements, and/or shall have the discretion to accept a certification from Subdivider's registered civil engineer stating that the Private Improvements have been completed in accordance with the approved Plans, City Standards and the Tentative Map. If the City Engineer, or his/her authorized representative, makes a finding, based on his/her own inspection (and/or any certification submitted by Subdivider's registered civil engineer) that the Private Improvements have been installed and constructed in accordance with the approved Plans, City Standards and the Tentative Map, the City Engineer shall recommend certification of the completion of the Private Improvements by placing an item on the next most convenient City Council agenda requesting certification and authorization to release the Improvement Securities. Said determination by the City Engineer and agendization of the certification and release shall not be unreasonably withheld or delayed.
(c) Subdivider shall bear all costs of inspection and certification of the Improvements.
7. Release of Improvement Securities.
(a) The Performance Security shall be fully released only upon the final completion and certification of all Private Improvements and Public Improvements. Partial releases may be permitted subject to the provisions of Subsections (a)(i) and (a)(ii) hereof. Upon final completion of the Public and Private Improvements under this Agreement, and after City Council acceptance/certification, the City shall file a Notice of Completion in accordance with the California Civil Code.
(i) The City Engineer may release a portion of the Performance Security, as work on the Improvements progresses, upon written application thereof by the Subdivider; provided, however, that no such release shall be considered by City for an amount less the cost estimate of the remaining work does not exceed twenty percent (20%) or less of the estimate of the total amount of work to be done as shown in Exhibit "B". Upon approval of a partial release or the reduction of Performance Security, the City shall not reduce such Performance Security to an amount less than two hundred percent (200%) of the value of the work remaining to be done. City and Subdivider agree that not more than two requests for reduction or partial release of Performance Security shall be considered between the start of construction and the completion and acceptance/certification of the Improvements by the City.
(ii) In no event shall the City Engineer authorize a release or reduction of the Performance Security which would reduce such security to an amount below that required to guarantee the completion of the Improvements and any other obligations imposed upon Subdivider by this Agreement.
(iii) No partial reduction or release of the Performance Security shall constitute or be construed as the City's acceptance or certification of any Improvements or related work. Such partial reductions or releases (if any) will merely reflect that a certain portion of the required work has been done.
(b) The Labor & Materials Security shall, ninety (90) days after the City's recordation of the Notice of Completion described in Subsection 7(a), be reduced to an amount equal to the total claimed by all claimants for whom liens have been filed and of which notice has been given to City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Labor & Materials Security and to cover related legal costs. The balance shall be released upon the settlement of all claims and obligations for which the Labor & Materials Security was given. If no claims or liens have been filed and no notice has been given to City within said ninety (90) day period, then the Labor & Materials Security shall be released in full. (c) The Warranty Security shall not be released until after the expiration of the one-year (1 -year) warranty period and until any claims filed during the warranty period have been settled. As provided in Section 11, below, the warranty period shall not commence until final acceptance/certification of the Improvements and related work by the City Council.
(d) The Monumentation Security may be released in full by the City Engineer in accordance with the terms of the separate monument agreement with the City, or if there is none, upon submittal of the following:
(i) a written certification from the professional engineer or surveyor responsible for setting the monuments stating that all the final monuments for the Subdivision have been set in accordance with the Professional Land Surveyors Act and the Subdivision Map Act, and that the professional engineer or surveyor has been paid in full by Subdivider for such services; and
(ii) centerline tie sheets prepared in a manner acceptable to the City Engineer showing the locations of centerline monuments in existing public or private streets; and
(iii) any Record of Survey required by this Agreement has been filed with the County of Riverside and recorded.
(e) The City may retain from any Improvement Securities released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees.
8. Injury to Public Improvements. Public Property or Public Utilities Facilities.
Subdivider shall replace or repair or cause the repair or replacement of any and all public or private improvements, public utilities facilities and survey or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or private improvements or utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be made to the reasonable satisfaction, and subject to the approval of the City Engineer and the owner of any such public or private improvement.
9. Permits. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices and pay all fees and taxes required by law.
10. Notice of Breach/Default of Subdivider.
(a) Default of Subdivider shall include, but not be limited to: (1) Subdivider's failure to timely complete construction of the Improvements; (2) Subdivider's unwarranted failure to timely cure any defect in the Improvements; (3) Subdivider's failure to perform substantial construction work for a period of twenty (20) consecutive calendar days after commencement of the work; (4) Subdivider's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Subdivider fails to discharge within thirty (30) days; (5) the commencement of a foreclosure action against the
Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; (6) Subdivider's failure to keep the Improvement Securities in full force and effect; (7) Subdivider's failure to notify the City of any sale, transfer or other disposition of the Property to a purported new Subdivider; (8) Subdivider's failure to maintain insurance; or (9) the failure of Subdivider or Subdivider's contractors, subcontractors, agents or employees to comply with any other terms and provisions of this Agreement. (b) In the event of any such default, the City Engineer or the City Council may serve written notice to Subdivider specifying in reasonable detail the nature of the default.
Subdivider shall have thirty (30) days from receipt of said notice to cure the default; provided that, if the default is not reasonably susceptible to being cured within said thirty (30) days, Subdivider shall have a reasonable period of time to cure the default so long as Subdivider commences to cure the default within said thirty (30) days and diligently prosecutes the cure to completion.
(c) If following service of such written notice of default, Subdivider fails to cure or commence curing the default to the satisfaction of City within the cure period specified in Subsection 10(b), above, the City Engineer or the City Council may serve notice of Subdivider's default upon Subdivider and where applicable Subdivider's surety, or the holder(s) of any other Improvement Securities, in accordance with the notice provisions set forth in Section 22 of this Agreement.
(d) In the event of service of the notice of default specified in Subsection 10(c), above, Subdivider's surety shall have the duty to take over and complete the Improvements and related work required under this Agreement; provided; however, that if the surety, within twenty (20) days after the serving upon it of such notice of default, does not give the City written notice of its intention to take over the construction of said Improvements or does not, within ten (10) days after giving City notice of such election, commence to complete the Improvements, City may take over the work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any costs or damages occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the completion of same.
(e) The City reserves to itself all remedies available to it at law or in equity for Subdivider's default under this Agreement. The City shall have the right, subject to this Section, to draw upon or utilize the appropriate Improvement Securities to mitigate City's damages in event of default by Subdivider. The right of City to draw upon or utilize the Improvement Securities is additional to and not in lieu of any other remedy available to City. It is specifically recognized that the estimated costs and amounts of Improvement Securities may not reflect the actual cost of construction or installation of the Improvements, and therefore, City's damages for Subdivider's default shall be measured by the actual cost of completing the required Improvements. The sums provided by the
Improvement Securities may be used by City for the completion of the Improvements in accordance with the Plans.
(f) Failure of Subdivider to comply with the terms of this Agreement, including but not limited to, construction of all the Improvements as set forth herein and as required by the Tentative Map, shall constitute Subdivider's consent to: (1) the filing by City of a notice of violation against all of the lots in the Subdivision; (2) withholding of Building permits, utility connections and/or Certificates of Occupancy. The remedies provided by this Subsection (f) are in addition to and not in lieu of any other remedies available to City at law or in equity. Subdivider agrees that the choice of remedy or remedies for Subdivider's default or breach shall be in the sole discretion of City.
(g) In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performances of such obligations, including costs of suit and reasonable attorney's fees. (h) The failure of City to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach, or of any subsequent default or breach of Subdivider. Any failure by the City to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision(s) and further shall not act to release any surety from its obligations under this Agreement.
11. Warranty.
(a) For a period of one (1) year after final acceptance/certification by the City Council of the Improvements, Subdivider shall guarantee or warranty all the Improvements against any defective work or labor done or defective materials furnished. If within the warranty period any work relating to the Improvements or any part of thereof furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the Plans, Subdivider shall without delay and without any cost to City, commence to repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure within thirty (30) days of receiving written notice from City of the defect and diligently prosecute the repair or replacement work to completion.
(b) Should Subdivider fail to act promptly or in accordance with the repair/replacement requirements set forth herein, Subdivider hereby authorizes City, at City's option, to perform the repair/replacement work twenty (20) days after mailing written notice to Subdivider and to Subdivider's surety, and Subdivider agrees to pay City for the cost of such work.
(c) Should the City determine that an emergency or a threat to the public safety and welfare exists from the condition of the Improvements which require repairs, replacements or remedial measures to be made before Subdivider can be notified, City may, in its sole
discretion, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the cost of such repairs.
12. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents, officers, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement.
13. Injury to Improvement Work: Risk of Loss. Until such time as the Public Improvements are accepted by City, Subdivider shall be responsible for and bear the risk of loss to any of the Public Improvements constructed or installed and shall be responsible for the care, maintenance of and any damage to such Public Improvements. Neither City, nor any of its agents, officers or employees shall be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the Public Improvements specified in this Agreement prior to the completion and acceptance of the Public Improvements by City. All such risks shall be the responsibility of and are hereby assumed by Subdivider. Subdivider is responsible for and shall bear the risk of loss for all Private Improvements at all times.
14. Other Agreements. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the Parties, or from entering into agreements with other Subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of City ordinances providing therefor, nor shall anything in this Agreement commit to any such apportionment.
15. Subdivider's Obligation to Warn Public During Construction. Until final acceptance/certification of the Public Improvements pursuant to Section 6(b)(i), and final certification of construction of the Private Improvements pursuant to Section 6(b)(ii), Subdivider shall give good and adequate warning to the public of each and every dangerous condition existent in said Improvements and will take all reasonable actions to protect the public from such dangerous conditions in, on or around the work site.
16. Vesting of Ownership. Upon acceptance of the Public Improvements and related work on behalf of the City, and after recordation of the Notice of Completion, ownership of the Public Improvements constructed within the Private streets in the Development shall vest in the name of the City, or applicable government agency or utility company, and any improvement constructed on any public street pursuant to this Agreement shall vest in City.
17. Indemnity/Hold Harmless.
(a) Neither the City, nor any official, officer, employee, contractor or agent thereof, shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, subcontractors or employees in the performance of this Agreement. Subdivider hereby agrees to, and shall defend and hold harmless City, its elective and appointive boards, commissions and officers, and its agents, contractors and employees from and against any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees, consultant's fees, expert's fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with
Subdivider's operations, or any subcontractor's operations, to be performed under this Agreement for Subdivider's or subcontractor's tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Subdivider or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by law, with the exception of the sole negligence or willful misconduct of City. (b) Subdivider's indemnity, defense and hold harmless obligations under this Section 17 are not conditioned or dependent upon whether City, or its elective and appointive boards, commissions and officers, or its agents, contractors and employees, prepared, supplied or reviewed any Plans or related specifications in connection with the Improvements, or whether City or Subdivider has insurance or other indemnification covering any of these matters.
(c) Subdivider's obligation to indemnify, hold harmless and defend City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Improvements. City's acceptance and/or certification of the Improvements shall not constitute an assumption by City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Improvements constructed or installed pursuant to the Plans, unless the particular Improvement design was required by City over the written objection of Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth a safe and feasible alternative design.
After City's acceptance/certification of the Improvements, Subdivider shall remain obligated to correct or eliminate all dangerous conditions caused by defects in design or construction; provided, however, that the Subdivider shall not be responsible for routine maintenance.
Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and except as may be provided above, City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Plans, or in inspecting, reviewing or approving any work or construction of Improvements. Subdivider's Improvement Securities shall not be required to secure Subdivider's obligations under this Section 17.
18. Sale or Disposition of Subdivision; Assignment.
(a) Subdivider acknowledges and agrees that sale, transfer or other disposition of the Property prior to completion of the Improvements required hereunder will not relieve Subdivider from the obligations set forth in this Agreement, and Subdivider shall be required to notify City sixty (60) days in advance of any sale or transfer of ownership of the Property or any proposed assignment of this Agreement. If Subdivider sells or otherwise transfers the Property to any other person or entity prior to final completion of the Improvements, or wishes to assign this Agreement, Subdivider may request a novation of this Agreement and a substitution of Improvement Securities by the new owner or proposed
assignee (hereinafter collectively for purposes of this Section, "Successor"). Subdivider shall be required to provide any documentation reasonably required by City to determine the appropriateness of any proposed Successor.
(b) Any proposed Successor must demonstrate to the City its ability to perform and complete the obligations of Subdivider under this Agreement, as determined by objective standards of financial capability, creditworthiness and experience required for such performance, and the City shall have the right to compel the Successor to disclose all documents, information and other material which, in City's sole reasonable discretion, may establish or tend to establish that the proposed Successor meets the standards specified herein. Following approval by City and full execution of a novation (or other such release or assignment and assumption agreement(s) entered into by Subdivider, Successor and City), posting of satisfactory Improvement Securities and submission of required insurance by Successor, City shall release or reduce the securities posted by Subdivider in accordance with the provisions of such novation and release Subdivider of its obligations under this Agreement. Nothing in the novation (or other such release or assignment and assumption agreement entered into by Subdivider, Successor and City) shall relieve Subdivider of its obligations under any other Section of this Agreement for work or Improvements performed by Subdivider prior to the novation.
19. Time of the Essence. Time is of the essence in this Agreement.
20. Time for Completion of Improvements: Extensions.
(a) Subdivider shall commence and diligently prosecute to completion construction of all the Improvements required by this Agreement. The time for completion of the Improvements as specified in Subsection 1(b) of this Agreement may be extended as permitted by City ordinance. The City Manager may grant an extension of time for such period as may be in the public interest upon the showing of the Subdivider of good cause.
Any such extension granted shall be subject to the limitations and conditions set forth in Subsections 20(b) and (c), below, and shall be made by a writing executed by the in a form as approved by the City Attorney.
(b) Any such extension may be granted without notice to Subdivider's surety and shall not affect the validity of this Agreement or release the surety or sureties on any Improvement Securities given for this Agreement. However, City reserves the right to require as part of any extension amendment a written assurance from the surety acceptable to the City Attorney that the Improvement Securities required by Section 2 of this Agreement shall remain enforceable throughout the term of any extension. (c) The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. In addition, the time for completion of the Improvements shall be extended for any delay resulting from an act of City, or from an act of God, which Subdivider could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting of work, and
which were not caused by or contributed to by Subdivider, provided that Subdivider provides City with written notice of the delaying event within fifteen (15) days of the commencement of the delay. In the event of such delaying event, Subdivider shall use all reasonable efforts to remedy same and resume completion of the Improvements as promptly as practicable.
(d) As a condition of granting an extension of time to complete the Improvements required by this Agreement, the City Manager may require Subdivider to furnish new or additional Improvement Securities guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer.
21. Notice. All notices required by or provided for under this Agreement shall be in writing and delivered in person or sent by certified or registered mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with City:
Notice to City:
Attn: City Manager
With a Copy to:
Notice to Subdivider:
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
John Pinkney, Esq.
SBEMP
1800 East Tahquitz Canyon Way
Palm Springs, CA 92262
22. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified in writing by the mutual consent of the Parties.
23. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement.
24. Insurance.
(a) Subdivider shall, at all times during the construction of the Improvements, obtain, carry, maintain, and keep in full force and effect, at its sole cost and expense, policies of insurance of the types and in at least the minimum amounts described below:
(i) Commercial General Liability policy with a minimum combined single limit of One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, personal injury and property damage arising out of or in connection with the activities of the Subdivider and its contractors and subcontractors in performance of the work under this Agreement.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) and shall, in addition to the other coverages specified in this subsection, include coverage for independent contractors, ongoing operations, products and completed operations, contractual liability and personal and advertising injury.
(ii) Commercial Vehicle/Automotive Liability policy covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Subdivider, its officers, agents, employees, subcontractors or independent contractors in performing the work required by this Agreement.
(iii) Workers' Compensation and Employer's Liability policy for all Subdivider's employees, with Workers' Compensation limits as required by State law and Employer's Liability coverage of $1,000,000 per accident for bodily injury or disease.
In case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Workers' Compensation and Employer's Liability Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider.
(1) In case any class of employees engaged in work under this Agreement at the work site(s) is not protected under any Workers' Compensation law, Subdivider shall provide and shall cause each contractor or subcontractor to provide, adequate insurance for the protection of employees not otherwise protected.
(2) Subdivider hereby indemnifies City for any damages or claims resulting from failure of either Subdivider or any contractor of subcontractor to take out or maintain such liability or Workers' Compensation insurance. (b) Insurer Rating; Acceptability. Except as set forth otherwise herein, the policies required by this Section shall be issued by a California -admitted insurer with a rating of at least a A-; VII in the latest edition of Best's Insurance Guide. A Commercial General Liability policy issued by an insurer that is on the California Department of Insurance's List of Approved Surplus Line Insurers ("LASLI") will be acceptable, if no coverage from an
admitted insurer can be obtained by Subdivider, and further provided that such insurer maintains a Best's rating of at least "A-; X" and remains on the LASLI during the term hereof. Workers' Compensation coverage issued by the State Compensation Insurance Fund shall be acceptable if no other coverage can be obtained by Subdivider, and further provided such insurer remains admitted in California and is otherwise financially acceptable to City.
(c) Deductibles. Any deductibles or self -insured retentions must be declared in writing by Subdivider to City and subsequently approved by City prior to its execution of this Agreement and prior to commencement of any work hereunder. At City's option, Subdivider shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Subdivider shall procure a bond guaranteeing payment of losses and expenses.
(d) Certificates and Endorsements Verification. Subdivider shall submit to the City original certificates of insurance and endorsements evidencing the coverages required by this Section. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies at any time and/or to require Subdivider to provide reports or status updates to evidence compliance of its contractors and subcontractors with the provisions of this Section. (e) Required Endorsements.
(i) The Commercial General Liability and Commercial Vehicle/Automotive Liability policies are to contain or be endorsed to contain the following provisions:
(1) Additional Insureds. The City of Beaumont, its officials, officers, employees, agents and independent contractors shall be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Subdivider; and with respect to liability arising out of work or operations performed by or on behalf of the Subdivider including materials, parts or equipment furnished in connection with such work or operations.
(2) Primary Insurance. For any claims related to this project, the Subdivider's insurance coverage shall be primary insurance as respects the City of Beaumont, its officials, officers, employees, agents and independent contractors. Any insurance or self-insurance maintained by the City of Beaumont, its officials, officers, employees, agents and independent contractors shall be excess of the Subdivider's insurance and shall not contribute with it. This endorsement is not applicable to the Commercial Vehicle/Automotive Liability Policy.
(3) Waiver of Subrogation. Endorsements waiving all rights of subrogation against the City of Beaumont, its officials, officers, employees, agents and independent contractors shall be provided.
(ii) The Workers' Compensation policy shall be endorsed to waive all rights of subrogation against the City of Beaumont, its officials, officers, employees, agents and independent contractors.
(f) Other Insurance Requirements. All policies required under this Agreement shall contain provisions stating that such policies cannot be canceled or reduced except on at least thirty (30) days prior written notice to Subdivider (ten (10) days' notice for cancellation due to non-payment). Subdivider further agrees to: (1) provide to City copies of any notices relating to cancellation or reduction of insurance within two (2) days of receipt; and (2) cause all certificates of insurance to include language indicating that the issuers or producers of such policies will endeavor to provide copies of any such notices directly to City.
(g) Commencement of Work. Subdivider shall not commence work under this Agreement until Subdivider has obtained all insurance required pursuant to this Section, and such insurance has been obtained by Subdivider and approved by City; nor shall Subdivider allow any contractor or subcontractor to commence work on the Improvements until all similar insurance required of the contractor or subcontractor has been obtained.
Certificates, endorsements, and where applicable, full copies of policies shall be maintained on file with the City Clerk.
(h) Higher Limits. If Subdivider maintains higher limits than the minimums specified in this Section 25, the City requires and shall be entitled to coverage for the higher limits maintained by Subdivider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
25. Attorneys' Fees. In the event any action at law or in equity is brought to enforce the terms of this Agreement, the prevailing Party shall be entitled to litigation costs and reasonable attorneys' fees.
26. Incorporation of Recitals. The Recitals to this Agreement are hereby incorporated into in the terms of this Agreement.
27. Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the Parties.
28. Governing Law; Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. In the event that suit shall be brought by either Party to this contract, the Parties agree that venue shall be exclusively vested in the State courts
of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California.
29. Runs with the Land; Recordation.
(a) The Parties agree that the terms and provisions set forth in this Agreement shall be deemed provisions, terms and/or covenants running with the Property in accordance with applicable law, including without limitation, California Civil Code section 1468, and shall pass to and be binding upon the heirs, successors and assigns of the Parties to this Agreement, and on any successor owner of the Property.
(b) The provisions of Subsection 29(a) notwithstanding, Subdivider shall remain jointly and severally liable with its heirs, successors, assigns or successor owners of the Property for the responsibilities and liabilities imposed by this Agreement unless a novation or assignment agreement is executed in accordance with the provisions of Section 18 of this Agreement.
(c) Upon execution, this Agreement shall be recorded in the Official Records of Riverside County, and by such recordation, it is the intention of the Parties to give notice to and bind their successors, heirs and assigns hereto.
30. Authority of Executing Parties. Each person executing this Agreement on behalf of a Party represents and warrants that such person is duly and validly authorized to do so all behalf of the entity it purports to bind and that he/she is authorized to enter into contracts on behalf of Subdivider. The undersigned, on behalf of Subdivider, binds Subdivider, its partners, successors, executors, administrators, and assigns with respect to the terms and provisions of this Agreement.
IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto on the date above first written.
Subdivider:
1151 EAST 6TH STREET LLC
CA LLC
City:
CITY OF BEAUMONT
a Municipal Corporation
Signature: Signature:
City Manager
Yong Chung
ATTEST
City Clerk
APPROVED AS TO FORM:
John Pinkney, City Attorney
APPROVED AS TO CONTENT:
Robert Vestal, Director Of Engineering/
Public Works
Attachments: Exhibit A Legal description of Property
Exhibit B Cost estimate(s)
(Proper Notarization of Subdivider's Signature is required and shall be attached)
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
}
County of San Bernardino
}
On 021 CJJ20Z�I before me, A Mccomas Notary Public
Here insert name and title of the ofbcer)
personally appeared j-CL._dv
who proved to me on the basis of satisfactory evideV r to be the person(s) whose name(s is are subscribed to the within instrument and acknowledged to me that he/they executed the same in is her/their authorized capacity(ies), and that by er/their signature(s) on the in ument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
�l
Notary Public Signature (Notary Public Seal)
_ ,f,.1.1.- ' A. MCCOMAS
d jj COMM. #2341291 c
07 A .} NOTARY PUBLfC • CAUFOeNtA CO
t-- � RN£.RSHH: COUNTY
y Comm. fixpirea JANUARY f 2.2075
INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law.
• State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public).
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
CAPACITY CLAIMED BY THE SIGNER
O Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
O Attorney -in -Fact
❑ Trustee(s)
❑ Other
www.NotaryClasses.com 800-873-9865
• Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
S• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. vage 4su or oisu
P
550 E 6TH ST
BEAUMONT, CA 92223
(951) 769-8520
DATE : 2/5/2024 4:48 PM
OPER : LP
TKBY : Ip
TERM : 64
REC# : R01544008
131.0000 CUSTOMER
DEPOSITS - PUBLIC WORKS
PW2021-0623 BOND 19093.45
Paid By:PW2021-0623 BOND
2 -Check 19093.45 REF:3243
19093.45
APPLIED 19093.45
TENDERED 19093.45
CHANGE 0.00
PA
TO THE
OPINES 0/
BEAUMONT GSM MARKET INC
1111/61411/011r AYE
iliAuriONT. CA 2222232.2210♦
DAB -5'^r9'
Cie Pi -®,a,,d•eli- 1 $ l9 vQ j +if
_ h.} ' r' yJ a0LLAa5 ti
BANK OF AMERICA' '
3243
nammu
!ws
FOR-
PIn12021- %i3 SON D
00032432• 1:1 2 1000 3 582: 3 25079 21B650r
BEAUMONT
February 6, 2024
1151 E 6th St — Beyond Beaumont
Street Improvements Performance — Cash Surety Deposit
The City of Beaumont received a Cash Surety deposit for the above Performance period of Street Improvements. The payment was received on the 5th of February, 2024 by authority of Michael Ramirez, with Beyond Food Mart on behalf of the project. The payment transaction was performed on behalf of the City of Beaumont by Leslie Pelayo, Customer Service Coordinator.
Cash Surety receipt confirmation number is R01544008 and the associated amount is as follows:
Submittal Name
Amount
Beyond Beaumont Street
Improvements Cash Surety
$19,093.45
Please let me know if you have any questions.
Thank you,
Richard Godsey
Engineering Development Technician I
City of Beaumont
Public Works
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
CONSTRUCTION COST WORKSHEET
PARCEL MAP OR TRACT NO.:
DATE: 13 -Oct -23
PP, CUP NO.:
CUP 2019-0042 & CUP2019-0043 BY: T. Love
IMPROVEMENTS
FAITHFUL PERFORMANCE 100%
LABOR & MATERIALS SECURITY 100%
( of Estimated Construction Costs)
Streets/Drainage
Sewer
Total
Warranty Retension (10%)
Street/Drainage Plan Check Fees =
Sewer Plan Check Fees =
Street Inspection Fees =
Sewer Inspection Fees =
$
$
19,093.45
$
$
19,093.45
1,909.35
DESIGN ENGINEERS CALCULATIONS OF IMPROVEMENT BONDING COSTS Construction items and their quantities as shown on attached sheets are accurate for the improvements required to construct the above project and the mathematical extensions using City's unit costs are accurate for determining bonding, plan check and inspection costs.
Above amounts do n include additional 20% for recordation prior to having signed plans Above amounts do not n include additional 20% for recordation prior to having signed plans Engineer's Signature
Thomas S. Love
Name typed or printed
FORM $ UNIT COSTS REVISED 09/06
13 -Oct -23
Date
Civil Engineer's Stamp
*****PLEASE READ INSTRUCTIONS BELOW*****
1. Quantities to be taken from improvement plans, Unit costs to be as provided on "City of Beaumont Improvement Requirement Worksheet".
2. Show Bond Amounts to the nearest $500.
3. For construction items not covered by "City of Beaumont Improvement Worksheet", Design Engineer is to provide his opinion of construction cost and use of that cost. If City of Beaumont Unit Costs are determined to be too low in the opinion of the Design Engineer, the higher costs as provided by the Design Engineer should be used.
10/15/2023
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
CUP 2019-0042 & CUP 2019-0043
DATE: 13 -Oct -23
STREET IMPROVEMENTS
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
Roadway Excavation
C.Y.
1. Projects with a grading plan area x 0.50'
(hinge point to hinge point)(262,230 sf)
$
15.00 $
-
2. Projects without a grading plan (road
area and side slopes to daylight
Cut (C) = Fill (f) =
C.Y. (c or
(a.) Excavate and Fill
$
0.40 $
-
C.Y. (f - c)
(b.) Excavate and Export
$
1.10 $
-
(c.) Import and Fill
$
2.80 $
-
If balance, provide (a.) only, either cut or fill
If export, provide (a.) & (b.), a = fill, b = cut - fill If import, provide (a. ) & (c.), a = cut, c= fill - cut (Unit costs for (a.), (b.) & (c.) are 20% of acrual
costs to assure that work will be corrected to
eliminate hazardous conditions.)
S.F.
Grinding A.C. in place
$
1.00 $
-
375
S.F.
Remove A.C. Pavement
$
1.00 $
375
125
L.F.
Remove Curb and Gutter
$
6.00 $
750
L.F.
Remove A.C. Dike
$
3.00 $
-
S.F.
Remove Sidewalk
$
3.00 $
-
125
L.F.
Sawcut & Remove Exist. A.C. Pavement
$
2.00 $
250
S.F.
Cold Plane A.C. Pavement
$
1.00 $
-
E.A.
Relocate Mailbox
$
250.00
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
10/15/2023
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
CUP 2019-0042 & CUP 2019-0043
DATE: 13 -Oct -23
STREET IMPROVEMENTS (Cont'd.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
L.F.
Remove Chain Link Fence
$ 2.50
$ -
EA.
Remove Barricade
$ 200.00
$ -
14 TON
Asphalt Concrete - 144 lbs/cu. Ft.
(On -Site SF @ AC thickness Ft.)
$ 90.00
$ 1,260
7 C.Y.
Aggregate Base Class II (OnSite SF @ AB thickness Ft.)
$ 50.00
$ 350
TON
Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals) (OnSite SF)
apply at 0.05 + 0.03 = 0.08 gal/SY
$ 600.00
$ -
S.F
AC overlay (min. 0.10')
If export, provide (a) & (b), a=fill, b=cut-fill
If import, provide (a)&(C), a=cut, c=fill-cut
(Unit costs for (a), (b) & (C) are 20% of
actual costs to assure that work will be
corrected to eliminate hazardous conditions.)
$ 1.00
$ -
L.F.
Curb and Gutter (Wedge Curb)
$ 8.00
$ -
L.F.
Curb and Gutter (Type A-6)
$ 10.00
$ -
L.F.
Curb and Gutter (Type A-8)
$ 12.00
$ -
L.F.
Type "C" Curb
$ 10.00
$ -
L.F.
Type "D" Curb
$ 15.00
$ -
L.F.
A.C. Dike (6") (incl. material & labor)
$ 8.00
$ -
L.F.
A.C. Dike (8") (incl. Material & labor)
$ 10.00
$ -
S.F.
P.C.C. Cross Gutter and Spandrels
$ 10.00
$ -
875
S.F.
P.C.C. Sidewalk
$ 6.00
$ 5,250
996
S.F.
P.C.C. Drive Approach
$ 8.00
$ 7,968
EA.
Handicapped Access Ramp
$ 1,500.00
$ -
S.F.
P.C.C. Drive Approach
(individual lot driveway approach per finished grading plan) $ 8.00
$ -
S.F.
Cold Plane & Overlay Exist. A.C. Paving
$ 4.00
$ -
$ -
$ -
$ -
10/15/2023
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
CUP 2019-0042 & CUP 2019-0043
DATE: 13 -Oct -23
STREET IMPROVEMENTS (Cont'd.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
EA.
Street Name Sign
$ 275.00
$ -
EA.
Delineators -per Caltrans Std. A73C,
Class 1, Type F
$ 45.00
$ -
EA.
Object Markers - Modified Type F
Delineators, Riverside County
$ 60.00
$ -
L.F.
Barricades
$ 28.00
$ -
L.F.
Utility Trench, one side (Edison, Telephone, Cable)
(Total length of streets)
$ 10.00
$ -
L.F.
Chain Link Fence (6')
$ 12.00
$ -
L.F.
Remove Fence
$ 4.00
$ -
EA.
Relocate Power Pole
$ 10,000.00
$ -
EA.
Street Lights (including conduit)
$ 5,000.00
$ -
EA.
Street Trees (15 gallon)
$ 150.00
$ -
L.S.
Landscape and Irrigation
$ -
$ -
EA.
Concrete Bulkhead
$ 200.00
$ -
C.Y.
Structural Reinforced Concrete
$ 400.00
$ -
EA.
Slope Anchors for Pipes
$ 300.00
$ -
L.F.
Cut Off Wall (Std. 2')
$ 5.50
$ -
EA.
A.C. Overside Drain
$ 500.00
$ -
EA.
Under Sidewalk Drain Std. 309
$ 2,000.00
$ -
EA.
Flat Outlet Drainage Structure Std. 303
$ 500.00
$ -
EA.
Curb Outlet Drainage Structure Std. 308
$ 500.00
$ -
S.F.
Terrace Drains and Down Drains
$ 6.50
$ -
S.F.
Interceptor Drains
$ 6.50
$ -
EA.
"STOP" Pavement Marking
$ 200.00
$ -
L.F.
Limit Line
$ 2.00
$ -
EA.
RI "STOP SIGN"
$ 250.00
$ -
EA.
W53 "NOT A THROUGH STREET"
$ 250.00
$ -
$ -
$ -
$ -
$ -
$ -
$ -
10/15/2023
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
CUP 2019-0042 & CUP 2019-0043
DATE: 13 -Oct -23
STREET IMPROVEMENTS (Cont'd.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
C.Y.
Rip Rap (1/4 Ton) Method B
$ 40.00
$ -
C.Y.
Rip Rap (1/2 Ton) Method B
$ 45.00
$ -
C.Y.
Rip Rap (1 Ton) Method B
$ 50.00
$ -
C.Y.
Rip Rap (2 Ton) Method B
$ 55.00
$ -
C.Y.
Grouted Rip Rap (1/4 Ton) Method B
$ 60.00
$ -
C.Y.
Grouted Rip Rap (1/2 Ton) Method B
$ 67.00
$ -
C.Y.
Grouted Rip Rap (1Ton) Method B
$ 75.00
$ -
C.Y.
Grouted Rip Rap (2 Ton) Method B
$ 80.00
$ -
L.F.
18" R.C.P.
$ 60.00
$ -
L.F.
24" R.C.P.
$ 70.00
$ -
L.F.
30" R.C.P.
$ 80.00
$ -
L.F.
36" R.C.P.
$ 90.00
$ -
L.F.
42" R.C.P.
$ 100.00
$ -
L.F.
48 " RCP
$ 110.00
$ -
L.F.
54" RCP
$ 135.00
$ -
L.F.
60" RCP
$ 160.00
$ -
L.F.
72" RCP
$ 200.00
$ -
EA.
H.D.P.E. Clean Out
$ 400.00
$ -
EA.
Drain Basin
$ 400.00
$ -
EA.
Curb Outlet
$ 3,000.00
$ -
EA.
Fossil Filters
$ 500.00
$ -
EA.
18" C.M.P. Wye
$ 500.00
$ -
EA.
Riprap Headwall
$ 1,000.00
$ -
EA.
Concrete Collar
$ 250.00
$ -
EA.
Outlet Structure
$ 10,000.00
$ -
$ -
$ -
$ -
10/15/2023
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
CUP 2019-0042 & CUP 2019-0043
DATE: 13 -Oct -23
STREET IMPROVEMENTS (Cont'd.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
L.F.
60" C.S.P.
$ 115.00
$
-
EA.
Catch Basin W = 4'
$ 1,700.00
$
-
EA.
Catch Basin W = 7'
$ 3,000.00
$
-
EA.
Catch Basin W = 10'
$ 4,000.00
$
-
EA.
Catch Basin W = 14'
$ 5,500.00
$
-
EA.
Catch Basin W = 21'
$ 9,000.00
$
-
EA.
Type IX Inlet
$ 2,500.00
$
-
EA.
Type X Inlet
$ 2,500.00
$
-
EA.
Junction Structure No. 1
$ 3,000.00
$
-
EA.
Junction Structure No. 2
$ 2,500.00
$
-
EA.
Junction Structure No. 6
$ 3,700.00
$
-
EA.
Transition Structure No. 1
$ 2,000.00
$
-
EA.
Transition Structure No. 3
$ 2,700.00
$
-
EA.
Manhole No. 1
$ 2,700.00
$
-
EA.
Manhole No. 2
$ 3,300.00
$
-
EA.
Manhole No. 3
$ 2,700.00
$
-
EA.
Manhole No. 4
$ 5,000.00
$
-
EA.
Adjust Water Valve (if no water plan)
$ 150.00
$
-
1 EA.
Adjust MH to grade (if no sewer plan)
$ 400.00
$
400
EA.
Headwall
$ 5,000.00
$
L.S.
Remove & Dispose of Interferring 30" Storm Drain
and 36" Riser
$ 500.00
$
-
EA.
Remove & Dispose of RCB Headwall & Wingwall
$ 10,000.00
$
-
L.F.
Concrete Bulkhead
$ 25.00
$
-
EA.
Outlet Structure (Line A & B)
$ 5,000.00
$
-
EA.
Remove Existing Headwall
$ 1,000.00
$
-
EA.
Local Depression per RCTD Std 311 Case B
$ 1,200.00
$
-
EA.
Local De ression er RCTD Std 311 Case C
$ 1,500.00
$
-
$
-
$
-
$
-
10/15/2023
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
CUP 2019-0042 & CUP 2019-0043
DATE: 13 -Oct -23
U STREET IMPROVEMENTS (Cont'd.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
EA.
Water Quality Structure
$ 2,500.00
$ -
LS
Concrete Inlet Apron
$ 11,000.00
$ -
LS
Emergency Spillway
$ 27,000.00
$ -
LS
84" Storm Drain Grate
$ 8,500.00
$ -
SF
3' Wide V -Gutter
$ 4.00
$ -
LS
Signal & Lighting
$ 100,000.00
$ -
$ -
$ -
$ -
$ -
Subtotal:
A.
Subtotal
B. Contingency (15%)
16,603
$ 2,490
C. Streets/Drainage Total (A + B) $ 19,093
10/15/2023
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
CUP 2019-0042 & CUP 2019-0043
DATE: 13 -Oct -23
SEWER IMPROVEMENTS
Show quantities on this sheet only if project has a sewer plan. If no water plan, then show applicable quantities as part of street improvements.
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
L.F.
4" P.V.C. (45 Lots @ 25' Avg. Length & 5' for cleanout) $ 15.00
$ -
L.F.
4" P.V.C. Force Main & Fittings
$ 26.00
$ -
L.F.
8" V.C.P.
$ 30.00
$ -
L.F.
10" V.C.P.
$ 35.00
$ -
L.F.
12" V.C.P.
$ 40.00
$ -
L.F.
15" V.C.P.
$ 50.00
$ -
EA.
Standard or Terminus Manholes
$ 2,500.00
$ -
EA.
Drop Manholes
$ 4,000.00
$ -
EA.
Cleanouts
$ 500.00
$ -
EA.
Sewer Y's
$ 25.00
$ -
EA.
Chimneys
$ 400.00
$ -
EA.
Adjust M.H. to grade
$ 500.00
$ -
L.F.
Concrete Encasement
$ 35.00
$ -
EA.
4" P.V.C. Misc. Fittings
$ 120.00
$ -
L.F.
Sewer Pipe Sleeving
$ 36.00
$ -
L.S.
Sewer Lift Station
$ -
$ -
EA.
Backflow prevention device
$ 250.00
$ -
$ -
$ -
A.
Subtotal
B. Contingency (15% x A)
C. Sewer Total (A + B)
********************************************************************************************************* $
$
10/15/2023
CITY OF BEAUMONT, CALIFORNIA
STREET IMPROVEMENT PLANS FOR
BEYOND BEAUMONT
PP2019-0253, CUP2019-0042, CUP2019-0043 & ENV2020-0013
APN 418-122-028
OWNER/APPLICANTPRIVATE ENGINEERS NOTICE TO CONTRACTOR(S)
VICINITY MAP
INDEX OF SHEETS
SHEET 1 - TITLE SHEET - GENERAL NOTES
SHEET 2 - TYPICAL SECTIONS
SHEET 3 - STREET IMPROVEMENT PLAN (SIXTH STREET)
SHEET 4 - STREET IMPROVEMENT PLAN (PENNSYLVANIA AVENUE) ASSESSOR'S PARCEL NO.
NOTE
GENERAL NOTES
LEGEND
DESCRIPTION SYMBOL
STREET NOTES
LEGAL DESCRIPTION
WORK TO BE DONE
BENCHMARK:
BENCHMARK IS COUNTY OF
RIVERSIDE C-3 ON BEAUMONT
AVENUE AND BRIDGE OVER I-10,
37' WEST OF CL BEAUMONT
AVENUE, AT SOUTH END OF
BRIDGE, 2' EAST OF SIDEWALK
ELEV. 2606.072, NGVD 29
BY MARK APPR.DATE
ENGINEER CITY
DESCRIPTION
R E V I S I O N S DATETHOMAS S. LOVE
R.C.E. 50993
SEAL DESIGN BY:
DRAWN BY:
CHECKED BY:
SCALE:
DATE:
JOB NUMBER:CITY OF BEAUMONT, PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
Reviewed By:
Staff Engineer
Recommended
for Approval By:
Approved By:
Administrative Engineer
City Engineer/Director of Public Works
CITY OF BEAUMONT, CALIFORNIA
IMPROVEMENT PLANS FOR:
BEYOND BEAUMONT
PP2019-0253, CUP2019-0042,
CUP2019-0043 & ENV2020-0013
APN 418-122-028
FILE NO:
S H E E T
OF SHEETS
550E. 6th St
Beaumont, CA 92223
TEL: (951) 769-8520 FAX: (951) 769-8526
Date:
Date:
Date:
1 No. C 50993
Exp. 9-30-21
CIVIL
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L
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S I O
A
L
S
LOVE ENGINEERING
PLANNING ♦ ENGINEERING ♦ SURVEYING
31915 RANCHO CALIFORNIA ROAD/SUITE 200-166
TEL (951) 440 - 8149 / FAX (951) 303 - 6701
TEMECULA, CA 92591
MG
MG
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AS NOTED
10.3.2023
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PROJECT LOCATION
TITLE SHEET AND GENERAL NOTES
6 1
"DECLARATION OF RESPONSIBLE CHARGE"
PLAN DESIGN CERTIFICATE
Thomas S. Love 3481
10-6-2023
10-6-2023
10/12/2023
CONSTRUCTION NOTES
LEGEND
EXISTING SIDEWALK
(PROTECT IN PLACE)
EXISTING 6" CURB AND GUTTER
(PROTECT IN PLACE)
EXISTING AGGREGATE BASE
(PROTECT IN PLACE)
EXISTING ASPHALT PAVEMENT
(PROTECT IN PLACE)
R/W R/W
EXIST PROP
R/W
EXIST
C/L
TYPICAL SECTION
PENSYLVANIA AVENUE
NTS
EXISTING SIDEWALK
(PROTECT IN PLACE)
EXISTING 6" CURB AND GUTTER
(PROTECT IN PLACE)
EXISTING AGGREGATE BASE
(PROTECT IN PLACE)
EXISTING ASPHALT PAVEMENT
(PROTECT IN PLACE)
EXISTING 6" CURB AND GUTTER
(PROTECT IN PLACE)
EXISTING AGGREGATE BASE
(PROTECT IN PLACE)
EXISTING ASPHALT PAVEMENT
R/W R/W
EXIST PROP
C/L
TYPICAL SECTION
SIXTH STREET
NTS
R/W
EXIST
4 3
7 1
2%2%
7 SAWCUT-BUTT EDGE SHALL
BE A MINIMUM 2" DEEP AND
HAVE A CLEAN EDGE,
NOT RAVELED
MILLING DEPTH SHALL BE
1-3/4" BELOW EXISTING
SURFACE TO MAINTAIN 1/4"
ABOVE GUTTER EDGE
BENCHMARK:
BENCHMARK IS COUNTY OF
RIVERSIDE C-3 ON BEAUMONT
AVENUE AND BRIDGE OVER I-10,
37' WEST OF CL BEAUMONT
AVENUE, AT SOUTH END OF
BRIDGE, 2' EAST OF SIDEWALK
ELEV. 2606.072, NGVD 29
BY MARK APPR.DATE
ENGINEER CITY
DESCRIPTION
R E V I S I O N S DATETHOMAS S. LOVE
R.C.E. 50993
SEAL DESIGN BY:
DRAWN BY:
CHECKED BY:
SCALE:
DATE:
JOB NUMBER:CITY OF BEAUMONT, PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
Reviewed By:
Staff Engineer
Recommended
for Approval By:
Approved By:
Administrative Engineer
City Engineer/Director of Public Works
CITY OF BEAUMONT, CALIFORNIA
IMPROVEMENT PLANS FOR:
BEYOND BEAUMONT
PP2019-0253, CUP2019-0042,
CUP2019-0043 & ENV2020-0013
APN 418-122-028
FILE NO:
S H E E T
OF SHEETS
550E. 6th St
Beaumont, CA 92223
TEL: (951) 769-8520 FAX: (951) 769-8526
Date:
Date:
Date:
1 No. C 50993
Exp. 9-30-21
CIVIL
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IA
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L
O
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N
S I O
A
L
S
LOVE ENGINEERING
PLANNING ♦ ENGINEERING ♦ SURVEYING
31915 RANCHO CALIFORNIA ROAD/SUITE 200-166
TEL (951) 440 - 8149 / FAX (951) 303 - 6701
TEMECULA, CA 92591
MG
MG
TL
AS NOTED
10.3.2023
W:
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TYPICAL SECTIONS
6 2
Thomas S. Love 3481
10-6-2023
10-6-2023
10/12/2023
S89°43'18"E
415.00
LEGEND
CONSTRUCTION NOTES
BENCHMARK:
BENCHMARK IS COUNTY OF
RIVERSIDE C-3 ON BEAUMONT
AVENUE AND BRIDGE OVER I-10,
37' WEST OF CL BEAUMONT
AVENUE, AT SOUTH END OF
BRIDGE, 2' EAST OF SIDEWALK
ELEV. 2606.072, NGVD 29
BY MARK APPR.DATE
ENGINEER CITY
DESCRIPTION
R E V I S I O N S DATETHOMAS S. LOVE
R.C.E. 50993
SEAL DESIGN BY:
DRAWN BY:
CHECKED BY:
SCALE:
DATE:
JOB NUMBER:CITY OF BEAUMONT, PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
Reviewed By:
Staff Engineer
Recommended
for Approval By:
Approved By:
Administrative Engineer
City Engineer/Director of Public Works
CITY OF BEAUMONT, CALIFORNIA
IMPROVEMENT PLANS FOR:
BEYOND BEAUMONT
PP2019-0253, CUP2019-0042,
CUP2019-0043 & ENV2020-0013
APN 418-122-028
FILE NO:
S H E E T
OF SHEETS
550E. 6th St
Beaumont, CA 92223
TEL: (951) 769-8520 FAX: (951) 769-8526
Date:
Date:
Date:
1 No. C 50993
Exp. 9-30-21
CIVIL
E A S
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OF
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D P R EOF
S
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C A L OIF
N
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N
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G
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L
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S I O
A
L
S
LOVE ENGINEERING
PLANNING ♦ ENGINEERING ♦ SURVEYING
31915 RANCHO CALIFORNIA ROAD/SUITE 200-166
TEL (951) 440 - 8149 / FAX (951) 303 - 6701
TEMECULA, CA 92591
MG
MG
TL
AS NOTED
10.3.2023
W:
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SIXTH STREET
SIXTH STREET (PENNSYLVANIA AVE - 300' WEST)
3 6
7 R/W
EX R/W
605+00.00 SIXTH STREET=
47+98.63 PENNSYLVANIA AVE
PENNSYLVANIA AVENUE - SEE SHEET 4MASSACHUSETTS AVE
602+33.21
(2605.47) TC
JOIN EXISTING
602+97.90
(2605.70) TC
60 2
+
6 5
.
5 6
C/
L
D
R
I
V
E
W
A
Y
5 RLSTREET LIGHT
PER PW______
9 JOIN EXISTING
2 27
'
44 '
13 '
31 '
7 SAWCUT LINE
5+85.00 SIXTH STREET=
10+00.00 MASSACHUSETTS AVE
2605.61
FS
2605.74
FS
2605.77
FS
2605.66 FS
3'
2605.94
FS
2605.87
FS
2605.80
FS
7'
RL SIGN
2605.90
FS BCR 604+23.00
(2606.23) TC
Thomas S. Love 3481
10-6-2023
10-6-2023
10/12/2023
S00°14'01"W
905.98
LEGEND
CONSTRUCTION NOTES
BENCHMARK:
BENCHMARK IS COUNTY OF
RIVERSIDE C-3 ON BEAUMONT
AVENUE AND BRIDGE OVER I-10,
37' WEST OF CL BEAUMONT
AVENUE, AT SOUTH END OF
BRIDGE, 2' EAST OF SIDEWALK
ELEV. 2606.072, NGVD 29
BY MARK APPR.DATE
ENGINEER CITY
DESCRIPTION
R E V I S I O N S DATETHOMAS S. LOVE
R.C.E. 50993
SEAL DESIGN BY:
DRAWN BY:
CHECKED BY:
SCALE:
DATE:
JOB NUMBER:CITY OF BEAUMONT, PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
Reviewed By:
Staff Engineer
Recommended
for Approval By:
Approved By:
Administrative Engineer
City Engineer/Director of Public Works
CITY OF BEAUMONT, CALIFORNIA
IMPROVEMENT PLANS FOR:
BEYOND BEAUMONT
PP2019-0253, CUP2019-0042,
CUP2019-0043 & ENV2020-0013
APN 418-122-028
FILE NO:
S H E E T
OF SHEETS
550E. 6th St
Beaumont, CA 92223
TEL: (951) 769-8520 FAX: (951) 769-8526
Date:
Date:
Date:
1 No. C 50993
Exp. 9-30-21
CIVIL
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OF
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N
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L
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E
N
S IO
A
L
S
LOVE ENGINEERING
PLANNING ♦ ENGINEERING ♦ SURVEYING
31915 RANCHO CALIFORNIA ROAD/SUITE 200-166
TEL (951) 440 - 8149 / FAX (951) 303 - 6701
TEMECULA, CA 92591
MG
MG
TL
AS NOTED
10.3.2023
W:
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1 0
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3 /
2 0
2 3
1 1
:
2 0
A
M
PENNSYLVANIA AVENUE
SIXTH STREET - SEE SHEET 3
46+52.75
2603.84 TC
45+92.75
2602.77 TC
31'
42 '
6'
EX. R/W
46 +
2 2
.
7 5
C/
L
D
R
I
V
E
W
A
Y
5 R/W
10 1 54
'
R/W
PENNSYLVANIA AVE (SIXTH ST - 600' SOUTH)
6 4
605+00.00 SIXTH STREET=
47+98.63 PENNSYLVANIA AVE
44'
12 '
54 '
6'
2603.92
FS
2603.74 FS
2603.81
FS
6.4'
2603.26
FS
2603.15
FS
2603.13 FS
6.4'
2602.88
FS
1145+90.75
AIR VAC
EX. 42" RCP
EX. 8" AC WATER
STREET LIGHT PER
PW______________
STREET LIGHT PER
PW______________
101
SAWCUT LINE
Thomas S. Love 3481
10-6-2023
10-6-2023
10/12/2023
BENCHMARK:
BENCHMARK IS COUNTY OF
RIVERSIDE C-3 ON BEAUMONT
AVENUE AND BRIDGE OVER I-10,
37' WEST OF CL BEAUMONT
AVENUE, AT SOUTH END OF
BRIDGE, 2' EAST OF SIDEWALK
ELEV. 2606.072, NGVD 29
BY MARK APPR.DATE
ENGINEER CITY
DESCRIPTION
R E V I S I O N S DATETHOMAS S. LOVE
R.C.E. 50993
SEAL DESIGN BY:
DRAWN BY:
CHECKED BY:
SCALE:
DATE:
JOB NUMBER:CITY OF BEAUMONT, PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
Reviewed By:
Staff Engineer
Recommended
for Approval By:
Approved By:
Administrative Engineer
City Engineer/Director of Public Works
CITY OF BEAUMONT, CALIFORNIA
IMPROVEMENT PLANS FOR:
BEYOND BEAUMONT
PP2019-0253, CUP2019-0042,
CUP2019-0043 & ENV2020-0013
APN 418-122-028
FILE NO:
S H E E T
OF SHEETS
550E. 6th St
Beaumont, CA 92223
TEL: (951) 769-8520 FAX: (951) 769-8526
Date:
Date:
Date:
1 No. C 50993
Exp. 9-30-21
CIVIL
E A S
T
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OF
ET
R
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R
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S
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S T H O M
D P R EOF
S
NR
C A L OIF
N
E
E
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E
IA
N
I
G
.
L
O
V
E
N
S I O
A
L
S
LOVE ENGINEERING
PLANNING ♦ ENGINEERING ♦ SURVEYING
31915 RANCHO CALIFORNIA ROAD/SUITE 200-166
TEL (951) 440 - 8149 / FAX (951) 303 - 6701
TEMECULA, CA 92591
MG
MG
TL
AS NOTED
10.3.2023
W:
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SIXTH STREET
SIGNING AND STRIPING PLAN (PENNSYLVANIA AVE-SIXTH ST)
6 5
REMOVE CONFLICTING STRIPING AND MARKERS.
INSTALL 50' OF 4" WHITE STRIPING LINE WITH TYPE 6 MARKERS.
INSTALL BASIC WHITE CROSSWALK OR LIMIT LINE AS SHOWN PER CALTRANS STD. PLAN A24F.
INSTALL DETAIL 38A CHANNELIZING LINE PER CALTRANS STD. PLAN A20D. 1 2
3 4
INSTALL TYPE IV(L) OR (R) PAVEMENT MARKING ARROW PER CALTRANS5 STD. PLAN A24A.
INSTALL TYPE VII(R) PAVEMENT MARKING ARROW PER CALTRANS6 STD. PLAN A24A.
7 REMOVE AND SALVAGE EXISTING SIGN. FURNISH AND INSTALL NEW SIGN AND8 POST AS NOTED.
INSTALL DETAIL 39 BIKE LANE STRIPING PER CALTRANS STD. PLAN A20D.9 INSTALL DETAIL 39A BIKE LANE STRIPING PER CALTRANS STD. PLAN A20D.10 INSTALL 6" DASHED WHITE LANE LINE AND PAVEMENT MARKERS PER CALTRANS11 STD. PLAN A20A, DETAIL 9.
INSTALL TYPE I (10') PAVEMENT MARKING ARROW PER CALTRANS STD. PLAN A24A.12
SIGNING AND STRIPING CONSTRUCTION NOTES
1 2 3
4 5
6 JO
I
N
E
X
I
S
T
I
N
G
S
T
R
I
P
I
N
G
A
P
P
R
O
X
I
M
A
T
E
L
Y
22 5
'
F
R
O
M
C
R
O
S
S
W
A
L
K
EX
R
7 -
9 EX
G
3 3
-
1 (
C
A
)
EX
M
4 -
5 EX
M
1 -
1 EX
M
3 -
2 9
GENERAL NOTES:
1. TRAFFIC SIGNING AND STRIPING, LEGENDS AND DELINEATOR SHALL CONFORM
TO THE CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (CA MUTCD) 2014 REV. 1&2. THE 2015 STANDARD PLANS AND THE 2015 STANDARD
SPECIFICATIONS OF THE CALIFORNIA DEPARTMENT OF TRANSPORTATION,
PAVEMENT LEGEND, ARROWS, MARKINGS, STRIPING, DELINEATION, AND SIGNS WITHIN THE CITY RIGHT-OF-WAY SHALL MATCH CITY STANDARDS AND STENCILS.
THESE ITEMS WITHIN CALTRANS RIGHT-OF-WAY SHALL COMPLY WITH CALTRANS STANDARDS.
2. REFLECTORIZE ALL STRIPES AND LEGENDS, PAVEMENT LEGENDS, AND
MARKINGS SHALL MATCH CITY STENCILS
3. ALL CONFLICTING LINES, EXISTING CURB PAINT, AND MARKINGS SHALL BE
REMOVED BY WET SANDBLASTING OR OTHER APPROVED METHOD PRIOR TO INSTALLATION OF NEW STRIPING. ALL CONFLICTING RAISED PAVEMENT MARKERS SHALL BE REMOVED. PAVEMENT THAT IS DAMAGED DUE TO REMOVAL
OF MARKERS SHALL BE REPAIRED TO THE SATISFACTION OF THE CITY OF BEAUMONT ENGINEERS.
4. FINAL ROLLING OF NEW PAVEMENT LINES SHALL BE CAT TRACKED TO THE SATISFACTION OF THE CITY ENGINEER AND CALTRANS. CAT TRACKING SHALL BE MAINTAINED UNTIL STRIPING WORK BEGINS.
5. FIRST STRIPING COAT SHALL BE APPLIED WITHIN 24 HOURS OF SURFACE COURSE PLACEMENT ON STREETS OPEN TO THE PUBLIC. IN NO CASE SHALL A
NEWLY PAVED STREET OPEN TO THE PUBLIC BE LEFT UN-STRIPED OVER A WEEKEND OR HOLIDAY.
6. NEW SIGN POST SHALL BE GALVANIZED STEEL, EASY ERECT BREAKAWAY, OR STEEL TUBING WITH BREAKAWAY BASE, "UN-STRUT" OR APPROVED EQUAL, UNLESS OTHERWISE NOTED. SIGN SHALL BE MOUNTED ON STREET LIGHT POLES WHENEVER FEASIBLE. ALL POST WITHIN STATE RIGHT-OF-WAY SHALL BE WOOD.
7. ALL DIMENSIONS ARE IN FEET UNLESS NOTED OTHERWISE.
8. ALL LANE WIDTHS SHALL BE MEASURED FROM THE CENTERLINE OF THE STRIPING TO CURB OR EDGE OF PAVEMENT.
9. ALL NEW STRIPING AND PAVEMENT MARKINGS MUST BE THERMOPLASTIC.
INSTALL 6" DASHED WHITE LANE LINE AND PAVEMENT MARKERS PER CALTRANS STD. PLAN A20A, DETAIL 22.
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REMOVE AND SALVAGE EXISTING SIGN. FURNISH AND INSTALL NEW SIGN ON13 STREET LIGHT POLE.
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Thomas S. Love 3481
10-6-2023
10-6-2023
10/12/2023
BENCHMARK:
BENCHMARK IS COUNTY OF
RIVERSIDE C-3 ON BEAUMONT
AVENUE AND BRIDGE OVER I-10,
37' WEST OF CL BEAUMONT
AVENUE, AT SOUTH END OF
BRIDGE, 2' EAST OF SIDEWALK
ELEV. 2606.072, NGVD 29
BY MARK APPR.DATE
ENGINEER CITY
DESCRIPTION
R E V I S I O N S DATETHOMAS S. LOVE
R.C.E. 50993
SEAL DESIGN BY:
DRAWN BY:
CHECKED BY:
SCALE:
DATE:
JOB NUMBER:CITY OF BEAUMONT, PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
Reviewed By:
Staff Engineer
Recommended
for Approval By:
Approved By:
Administrative Engineer
City Engineer/Director of Public Works
CITY OF BEAUMONT, CALIFORNIA
IMPROVEMENT PLANS FOR:
BEYOND BEAUMONT
PP2019-0253, CUP2019-0042,
CUP2019-0043 & ENV2020-0013
APN 418-122-028
FILE NO:
S H E E T
OF SHEETS
550E. 6th St
Beaumont, CA 92223
TEL: (951) 769-8520 FAX: (951) 769-8526
Date:
Date:
Date:
1 No. C 50993
Exp. 9-30-21
CIVIL
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LOVE ENGINEERING
PLANNING ♦ ENGINEERING ♦ SURVEYING
31915 RANCHO CALIFORNIA ROAD/SUITE 200-166
TEL (951) 440 - 8149 / FAX (951) 303 - 6701
TEMECULA, CA 92591
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AS NOTED
10.3.2023
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EROSION CONTROL PLAN (PENNSYLVANIA AVE-SIXTH ST)
6 6
PENNSYLVANIA AVENUE
CONSTRUCT GRAVEL BAG BERM PER SE-6.
CONSTRUCT CHECK DAM PER SE-4.
STABILIZED CONSTRUCTION ENTRANCE/EXIT PER CASQA TC-1
CONCRETE WASHOUT AREA PER CONCRETE WASTE MANAGEMENT CASQA WM-8 1 2
3 4
CONSTRUCTION NOTES
EXISTING EDGE OF PAVEMENT
EXISTING EDGE OF PAVEMENT
EXISTING RIGHT-OF-WAY
EXISTING RIGHT-OF-WAY
EXISTING RIGHT-OF-WAY
EXISTING
RIGHT-OF-WAY
EROSION CONTROL NOTES
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
11. 12.
13. 14.
15. 16.
17. THE ENGINEER OF WORK IS REQUIRED TO CERTIFY THAT THE EROSION CONTROL
MEASURES HAVE BEEN COMPLETED AND INSPECTED AND ENSURE THAT THE
EROSION CONTROL PLAN IS UPDATED REFLECTING THE CURRENT CONDITIONS
WITH ADEQUATE BMP CONTROL MEASURES AT ALL TIMES FOR AREAS IN WHICH
VEGETATION HAS NOT BEEN PERMANENTLY ESTABLISHED AND/OR CONSTRUCTION IS NOT SCHEDULED TO COMMENCE WITHIN THE NEXT SEVEN (7) DAYS.
THE CONTRACTOR, PERMITTEE OR OWNER SHALL BE RESPONSIBLE FOR THE
INSPECTION, MODIFICATION AND PROPER MAINTENANCE OF THE EROSION CONTROL DEVICES AS NECESSARY. IN THE EVENT OF FAILURE OR REFUSAL TO
PROPERLY MAINTAIN SAID DEVICES, THE CITY ENGINEER MAY CAUSE EMERGENCY
MAINTENANCE WORK TO BE DONE TO PROTECT ADJACENT PRIVATE AND PUBLIC
PROPERTY, THE COST (INCLUDING AN INITIAL MOBILIZATION AMOUNT) OF WHICH SHALL BE CHARGED TO THE OWNER.
ALL EROSION CONTROL MEASURES REQUIRED TO RETAIN SEDIMENT ON-SITE AND
TO SAFELY DISCHARGE ANY ACCELERATED RUNOFF GENERATED BY THE PROJECT
SHALL BE INSTALLED DURING THE INITIAL CONSTRUCTION PHASE OF THE PROJECT.
THE CONSTRUCTION AND MAINTENANCE OF ALL EROSION CONTROL SYSTEMS
SHALL BE IN SUBSTANTIAL CONFORMANCE WITH THE APPROVED EROSION CONTROL PLAN.
TEMPORARY EROSION CONTROL DEVICES SHOWN ON THE EROSION CONTROL
PLAN WHICH INTERFERE WITH THE WORK SHALL BE RELOCATED OR MODIFIED AS
THE WORK PROGRESSES AS RECOMMENDED BY THE ENGINEER OF WORK AND AS APPROVED BY THE CITY ENGINEER.
ALL REMOVABLE PROTECTION DEVICES SHOWN SHALL BE IN PLACE AT THE END OF EACH WORKING DAY WHEN THE 5-DAY RAIN PROBABILITY FORECAST EXCEEDS 40-PERCENT.
EROSION CONTROL SYSTEMS SHALL BE SERVICED AND MAINTAINED TO PROVIDE CONTINUOUS CAPACITY AND ADEQUACY TO FUNCTION AS DESIGNED. AFTER PRECIPITATION EXCEEDING ONE-QUARTER (1/4) INCH IN ANY 12-HOUR PERIOD, OR
UPON DIRECTION OF THE CITY ENGINEER, SILT AND DEBRIS SHALL BE REMOVED
FROM CHECK DAMS AND DESILTING BASINS AND THE BASINS PUMPED DRY AND OTHERWISE RESTORED TO THE ORIGINAL DESIGN CONDITION.
DESILTING BASINS CONSTRUCTED OF COMPACTED EARTH SHALL BE COMPACTED TO A RELATIVE COMPACTION OF 90 PERCENT OF MAXIMUM DENSITY. A SOIL
ENGINEERING REPORT INCLUDING THE TYPE OF FIELD TESTING PERFORMED,
LOCATION, AND RESULTS OF TESTING SHALL BE SUBMITTED TO THE CITY ENGINEER FOR APPROVAL UPON COMPLETING THE DESILTING BASIN.
EROSION CONTROL PROVISIONS SHALL INCLUDE AND COMPLEMENT DRAINAGE
PATTERNS DURING THE CURRENT AND FUTURE PHASES OF GRADING THROUGHOUT THE RAINY SEASON.
18. 19.
THE CONTRACTOR, PERMITTEE, OR PROJECT OWNER SHALL BE RESPONSIBLE AND
SHALL TAKE NECESSARY PRECAUTIONS TO PREVENT PUBLIC TRESPASS ONTO AREAS WHERE IMPOUNDED WATER CREATES A HAZARDOUS CONDITION.
NECESSARY PRECAUTIONS MAY INCLUDE, BUT NOT BE LIMITED TO, APPROPRIATE PERIMETER FENCING OR A 24-HOUR GUARD PREVENTING UNAUTHORIZED PERSONS FROM ENTERING THE BASINS.
GRADED AREAS AROUND THE TRACT PERIMETER MUST DRAIN AWAY FROM THE FACE OF SLOPES AT THE CONCLUSION OF EACH WORKING DAY.
PAVED STREETS, SIDEWALKS, AND OTHER IMPROVEMENTS SHALL BE MAINTAINED
IN A NEAT AND CLEAN CONDITION, FREE OF LOOSE SOIL, CONSTRUCTION DEBRIS, AND TRASH. STREET SWEEPING OR OTHER EQUALLY EFFECTIVE MEANS SHALL BE USED ON A REGULAR BASIS TO CONTROL EROSION. WATERING SHALL NOT BE
USED TO CLEAN STREETS EXCEPT FOR THE REMOVAL OF FINE MATERIAL NOT OTHERWISE REMOVED BY SWEEPING OR OTHER MECHANICAL MEANS.
STAND-BY CREWS SHALL BE ALERTED BY THE CONTRACTOR, PERMITTEE OR OWNER FOR EMERGENCY WORK DURING RAINSTORMS.
GRAVEL BAGS AND NECESSARY MATERIALS IN ACCORDANCE WITH THE APPROVED
PLANS, SHALL BE AVAILABLE ONSITE AND STOCKPILED AT CONVENIENT
LOCATIONS TO FACILITATE RAPID CONSTRUCTION OF TEMPORARY DEVICES OR TO REPAIR ANY DAMAGED EROSION CONTROL MEASURES WHEN RAIN IS IMMINENT. A
STAND-BY CREW SHALL BE MADE AVAILABLE AT ALL TIMES DURING THE RAINY SEASON.
ALL UTILITY TRENCHES SHALL BE BACKFILLED WITHIN 24 HOURS AND MUST BE BACKFILLED BEFORE THE END OF THE WORKDAY IF A 40-PERCENT CHANCE OF RAIN IS PREDICTED.
A GRAVEL BAG SILT BASIN OR TRAP SHALL BE PROVIDED AT EVERY STORM DRAIN INLET TO PREVENT SEDIMENT FROM ENTERING THE STORM DRAIN SYSTEM.
A 12-INCH HIGH BY 4-FOOT WIDE BERM SHALL BE MAINTAINED ALONG THE TOP OF THE SLOPE OF THOSE FILLS ON WHICH GRADING IS NOT IN PROGRESS.
CONCENTRATED WATER SHALL BE CARRIED NOT CLOSER THAN 10 FEET FROM THE TOP OF SLOPES.
ALL BUILDING PADS SHALL BE SLOPED TOWARDS THE DRIVEWAY AND VELOCITY
CHECK DAMS PROVIDED AT THE BASE OF ALL DRIVEWAYS DRAINING INTO THE STREET. VELOCITY CHECK DAMS SHALL BE PROVIDED ACROSS THE OUTLETS OF ALL LOTS DRAINING INTO THE STREET.
PROVIDE VELOCITY CHECK DAMS IN ALL UNPAVED STREET AREAS AT THE INTERVALS INDICATED BELOW. VELOCITY CHECK, DAMS MAY BE CONSTRUCTED OF
GRAVEL BAGS, TIMBER, OR OTHER EROSION RESISTANT MATERIALS APPROVED BY
THE CITY ENGINEER, AND SHALL EXTEND COMPLETELY ACROSS THE STREET AT RIGHT ANGLES TO THE CENTERLINE. EARTH DIKES MAY NOT BE USED AS VELOCITY CHECK DAMS. CHECK DAM INSTALLATION SHALL PROVIDE FOR THE PREVENTION OF EROSION AROUND THE ENDS OF THE DAM.
GRADE OF THE STREET INTERVAL
LESS THAN 2% AS REQUIRED
2% TO 4% 100 FEET
4% TO 10% 50 FEET
OVER 10% 25 FEET
ALL EROSION CONTROL PLANS MUST PROVIDE A 24-HOUR TELEPHONE NUMBER AND THE NAME(S) OF THE PERSON(S) RESPONSIBLE FOR EMERGENCY WORK. A TELEPHONE ANSWERING MACHINE OR ANSWERING SERVICE IS UNACCEPTABLE.
CONTACT
NAME (AREA CODE) NUMBER
2 2
3 4
4 Thomas S. Love 3481
Mike Ramirez (760) 810-8548
10-6-2023
10-6-2023
10/12/2023
BEAUMONT
- C !� 1 1 0 R N A
Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE February 20, 2024
SUBJECT: Second Reading and Adoption of Amendments to Beaumont Municipal Code Chapters 5.64 Peddlers and 5.66 Sidewalk Vending
Description 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 enforcement 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 shall 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 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.
D. City Retention of Impounded Materials. Impounded 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 the 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.
On February 6, 2024, City Council held a public hearing and adopted the changes as reflected in the Ordinance (Attachment A).
Fiscal Impact:
The cost to prepare the staff report and ordinance amendments is approximately $1,500.
Recommended Action:
Waive the second full reading and adopt 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 second full reading and adopt 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.
0. 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
Q.
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.
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
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)
'Ord. 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.
Beaumont, California, Code of Ordinances
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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.
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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, 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)
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(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)
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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, PLany 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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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. Within200 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 (Supp. No. 7, Update 3)
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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 persons 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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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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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, PLany 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; (Supp. No. 7, Update 3)
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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. Within200 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. Theprohibition 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.
(Supp. No. 7, Update 3)
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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).
5. 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)
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(Supp. No. 7, Update 3)
BEAUMONT
- C !� 1 1 0 R "1 A
Staff Report
TO: City Council
FROM: Carole Kendrick, Planning Manager
DATE February 20, 2024
SUBJECT: California Environmental Quality Act (CEQA) Exemption (Class 1, 2 & 3) for the Stewart Park Remodel (CIP P-10)
Description A request for the City Council to determine that the Stewart Park renovation (P-10) is exempt from further environmental review under the requirements of CEQA and is consistent with Categorical Exemption Class 1, 2 & 3.
Background and Analysis:
On June 2, 2020, the City Council adopted Resolution No. 2020-49 adopting a five-year capital improvement plan (CIP) for fiscal years 2021/2022 through 2024/2025. In that plan, Stewart Park was programmed to receive funding. On October 6, 2020, the City Council adopted Resolution No. 2020-43 amending the five-year CIP and allocated additional funding for the Stewart Park renovation. The project funding is provided below:
Funding Year
Funding Source
Amount
20/21
Community Facilities District (CFD)
$2,250,000
20/21
General Fund
$4,750,000
22/23
Community Park Development Impact Fee (DIF)
$1,024,853
23/24
Development Impact Fee — CPARK
$1,500,000
$9,524,853
The City Council was updated on the status of the project on November 21, 2023. The required discretionary actions of the City Council for the Project, require compliance with the guidelines and regulations of the California Environmental Quality Act (CEQA).
The determination that the Stewart Park renovation (P-10) is exempt from further environmental review under the requirements of CEQA will complete a necessary step in order to advance the project.
Project
The Stewart Park Remodel Project (P-10) proposes to renovate the existing Stewart Park bordered by Orange Avenue, Maple Avenue, East Eleventh Street and approximately 150 feet north of East Eighth Street on Assessor Parcel Numbers (APN) 415-243-002, 415-273-002 and 415-323-002.
The project (P-10) site contains the existing Stewart Park (Assessor's Parcel Numbers 415-243-002, 415-273-002 and 415-323-002). The project site covers three city blocks; Ninth Street and Tenth Street divide the park into three separate park areas. The project site is bounded to the north by Eleventh Street, to the south by Eighth Street, to the east by Maple Street, and to the west by Orange Avenue within the City of Beaumont. The project site is approximately 0.25 miles north of Interstate 10 (1-10).
The proposed project would result in the renovation of the entirety of the existing 11 - acre park. Improvements would include relocation and upgrades to the park's basketball courts, skate park, playgrounds/play areas, pathways, and improvements to the stormwater detention basin. The proposed project would also include installation of a splash pad (which would replace the former pool) with a new restroom and outdoor showers; stage; multipurpose field; picnic areas, tables, and shade structures; walking trails; entry plazas; park lighting; landscaping including low and medium water use turf grasses and trees; an irrigation system; and three (3) bioretention areas.
The proposed project would also include connection of the park across Ninth and Tenth Streets to create a continuous park space, which would result in the closure of Ninth and Tenth streets between Orange and Maple Avenue. Parking would include diagonal and parallel street parking areas. Other site conditions would include a new easement with Beaumont Cherry Valley Water District along the portion of Tenth Street that is within the project site, which contains existing water utility service. Overhead electrical utilities along Tenth Street are being removed and the overhead fiber optic lines would be placed underground.
The park would be open year-round to residents, similar to current conditions. It is assumed that the splash pad will be open during the approved park hours during the months of May to September (summer) and open intermittently depending on weather conditions during the months of October to April (fall, winter, and spring).
Construction
Construction of the proposed project is anticipated to start in summer 2024 and last approximately 12 months in one phase. The proposed project would include the
demolition of the existing fencing, signage, skate park, landscaping, concrete curb and gutter on the portion of the northern park area abutting Maple Avenue and Orange Avenue, striping, some utility poles and boxes, and 14 trees.
Construction activities would include grading and excavation, trenching for site utilities, construction of foundations and structures, paving, exterior finishes, and landscaping including the planting of 170 trees. The portions of Ninth and Tenth Street located within the project site would be vacated and improved to connect the three park lots into one (1) continuous lot. The existing restroom would be protected from construction activities.
All construction equipment and workers would be located within the boundaries of the project site, and contractors would adhere to construction noise regulations.
To avoid impacts to potential nesting birds, eggs, or young, preconstruction nesting bird surveys and monitoring would be implemented as a project design feature. The preconstruction nesting bird surveys and monitoring would be ensured through City implementation of the condition of approval.
Zoning and General Plan
The project site is zoned Recreation/Conservation (RC) per the Beaumont Zoning Map and designated as Open Space (OS) in the Beaumont General Plan Land Use Map, respectively (Beaumont 2020b, Beaumont 2020c). The OS land use designation allows for open space lands used for recreation and conservation including parks, trails, and golf courses (Beaumont 2020a).
According to the City of Beaumont Municipal Code Section 17.03.040, the RC zoning designation is likewise intended for open space lands as well as for permanent open space in areas where natural hazards are present that might endanger residents. No minimum or maximum lot area standards are applicable to this zone. Furthermore, the maximum height of any building shall not exceed two stories or 35 feet, whichever is less, in this zone.
The project is consistent with General Plan policy 3.6.1 to improve existing parks and public spaces throughout the City to provide beautiful, comfortable, and inviting gathering spaces and 7.1.1 to manage and upgrade the City's aging infrastructure, as funds allow, and leverage funds whenever possible.
Environmental Documentation
The proposed project is exempt from further environmental review under the requirements of the California Environmental Quality Act (CEQA) because it is
consistent with Categorical Exemption Class 1 (Existing Facilities), Class 2 (Replacement or Reconstruction), and Class 3 (New Construction or Conversion of Small Structures).
• Class 1, Existing Facilities (CEQA Guidelines § 15301) consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The key consideration is whether the project involves negligible or no expansion of use.
The proposed project involves the alteration, repair, and improvements to an existing park facility and would not result in the expansion of its current use. More specifically, the proposed project involves improvements to an existing skate park, parking lot, stormwater retention basin, and utilities infrastructure. All improvements involve no or negligible expansion of use. Therefore, under CEQA Guidelines Section 15301, the proposed project is exempt from further CEQA analysis.
• Class 2, Replacement or Reconstruction (CEQA Guidelines § 15302) consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to:
(a) Replacement or reconstruction of existing schools and hospitals to provide earthquake resistant structures which do not increase capacity more than 50 percent.
(b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity.
(c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. (d) Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding.
The proposed project would involve the reconstruction of the entirety of the existing Stewart Park. This includes the reconstruction of the park's existing
playgrounds and basketball courts. The new park would be located on the same site and have the same purpose and capacity as the existing park. Furthermore, the proposed project would involve the replacement of existing utility systems and/or facilities located within the project site involving negligible or no expansion of capacity. Therefore, under CEQA Guidelines Section 15302, the proposed project is exempt from further CEQA analysis.
• Class 3, New Construction or Conversion of Small Structures (CEQA Guidelines § 15303) consists of the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.
The proposed project would involve the construction of a splash pad with a new restroom and outdoor shower, amphitheater, multipurpose field, irrigation system, landscaping, and park amenities. which is covered under the Class 3 categorical exemption as a new, small facility; and installation of water utility extensions for the splash pad, which are covered under the Class 3 categorical exemption as utility extensions. Therefore, the proposed project is exempt from further CEQA analysis under Section 15303.
Noise
The proposed project has identified that temporary construction noise will occur, but the noise impacts would be less than significant. Construction can generate varying degrees of ground vibration, depending on the construction procedures and equipment. The proposed project will result in temporary construction vibrations; however, construction of the proposed project would not result in vibration levels that would disrupt the operation of adjacent properties or damage any structures near the project site. Therefore, vibration levels would not exceed 0.2 in/sec PPV threshold, and vibration impacts would be less than significant.
The proposed project would not introduce any new noise sources to the project area.
The project site is located within the existing Stewart Park. Implementation of the proposed project would not induce population growth; therefore, the proposed project would not significantly increase noise levels near or within the project site.
Biological Resources
The City's General Plan identifies environmentally sensitive habitats for special -status plant and wildlife species with a State and/or Federal listing status and/or listed in the
Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). The project site does not contain potential habitat for such species as outlined in the Beaumont General Plan, nor is the project site within an area subject to the MSHCP.
The project site is surrounded by urban development and in an area that is highly urbanized. Therefore, the project site has no value as habitat for endangered, rare, or threatened species.
Nesting Birds
The proposed project would involve the removal of 14 mature trees and other ornamental landscaped plants that could provide potential nesting habitat for birds protected by the Migratory Bird Treaty Act (MBTA), California Migratory Bird Protection Act (MBPA), and Fish and Game Code. In addition, indirect impacts from noise or vibration have the potential to disturb an active bird nest to the point of failure if the nest is within immediate proximity to project activities, and this would also be a violation of the MBTA and Fish and Game Code. To avoid impacts to potential impacts to nesting birds, eggs, or young, preconstruction nesting bird surveys and monitoring would be implemented as a project design feature. The preconstruction nesting bird surveys and monitoring would be ensured through City implementation of the condition of approval.
Trees
14 mature trees would be removed as a result of project development. However, none of the trees that would be removed are protected under the City's General Plan, MHSCP, or State or Federal law; therefore, there would be no loss of protected resources. The City would be subject to Section 12.12.130 of the municipal code, which outlines tree removal protocol. Therefore, the proposed project would ensure no impacts related to removal of trees.
Public Communications Received:
Property owners located within a 300 -foot radius of the project site were notified of the intended public hearing. In addition, a 10 -day public notice was published in the Press Enterprise. Proof of the publication for CEQA and the public hearing proof of publication is included as Attachment B to this staff report.
At the time of report preparation, the Planning Department has not received any letters of comment from the agencies or public in favor or opposition to the project. Any comments received prior to the time of the scheduled City Council meeting will be provided to the Council at the time of the public hearing.
Fiscal Impact:
City staff time to prepare this staff report is approximately $500. There is no fiscal impact with this report, but the project accounting has been provided below:
P-10 Stewart Park Redevelopment & Skate Park Project Accounting Summary Funding Summary
Funding Year
Funding Source
Amount
20121
20!21
22;23
23.24 CFD
GENERAL FUND
:,ommunity Park DIF (close P-01
DIF - CPARK
52.250.000
$4.750,000
$1.024,853
51.500.000
$9,524,853
Total Project Funding =
Budget Summary
Project Component
Budget
Encumbered
Paid to Date
Remaining
Budget
Project Management
Preliminary Services
Environmental
Design
Construction
Construction Managem
Permits
Equipment
E
$0
$7,300
$0
$697,886
$8,815,589
$0
$0
$4,078
$0
($7,300)
$0
($697,886)
$0
$0
$0
($2,985)
$0
($5, 530)
$0
($567.489)
$0
$0
$0
($2.985)
$0
$0
$0
$0
58,815,589
$0
$0
$1,093
.oject Summary Totals
$9,524,853
($708,171)
($576.004)
$8,816,682
Recommended Action:
Hold a public hearing; and,
Determine that the Stewart Park renovation (P-10) is exempt from further environmental review under the requirements of CEQA and is consistent with Categorical Exemption Class 1, 2 & 3; and
Direct staff to prepare a Notice of Exemption to be filed with the Riverside County Clerk Recorder.
Attachments:
A. Attachment to the Notice of Exemption
B. Proof of Publication
Incorporated herein by Reference:
City of Beaumont General Plan
City of Beaumont Zoning Ordinance
Project Site's Riverside Conservation Authority Multi -Species Habitat Conservation Plan Informational Map
Capital Improvement Project P-01 and P-10
Attachment to Notice of Exemption
STEWART PARK RENOVATION
SUPPLEMENTAL INFORMATION
The City of Beaumont proposes to renovate the existing 11 -acre Stewart Park. This supplemental information provides justification for the Categorical Exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines under California Code of Regulations, Title 14, § 15301, 15302, and 15303.
1. EXISTING CONDITIONS
PROJECT LOCATION
The project site contains the existing Stewart Park (Assessor's Parcel Numbers [APN] 415-243-002, 415-273-002 & 415-323-002). The project site covers three city blocks; 9th Street and 10th Street divide the park into three separate park areas. The project site is bounded to the north by 11th Street, to the south by 8th Street, to the east by Maple Street, and to the west by Orange Avenue within the City of Beaumont, Riverside County, California. The project site is approximately 0.25 miles north of Interstate 10 (1-10). Figure 1, Regional Location, and Figure 2, Local Vicinity, show the project site in the context of the regional and local vicinity, respectively.
EXISTING CONDITIONS AND SURROUNDING USES
The project site is currently developed, containing open space and park amenities including two full sized basketball courts, a skate park, two playgrounds, a baseball diamond, a restroom/concession stand, a pavilion with a concrete pad for live entertainment, fencing surrounding the central and southern park areas, a parking lot, and a former pool that was recently demolished in 2021 due to its age (the pool originally opened in 1963), and physical and technical issues. One third of the project site serves as a detention basin for storm water runoff from neighboring streets, with overflow of the basin into the center section, west of the former pool. The project site is within a suburban residential area with residential neighborhoods to the west, north, and east, and public and institutional uses to the east, south, and west (see Figure 2). Main vehicular access is provided via 11th Street, Orange Avenue, and Maple Avenue. The portion of 9th Street that crosses the park has been closed to vehicular traffic for more than a decade, and asphalt from the original street remains. The portion of 10th Street that crosses the park is a local street that continues to be used for through traffic. The portions of 9th and 10th Streets that are contained within the project site contain underground electrical, water, and sewer utility lines.
GENERAL PLAN LAND USE DESIGNATION AND ZONING DESIGNATION The project site is zoned Recreation/Conservation (RC) per the Beaumont Zoning Map and designated as Open Space (OS) in the Beaumont General Plan Land Use Map, respectively (Beaumont 2020b, Beaumont 2020c). The OS land use designation allows for open space lands used for recreation and conservation including parks, trails, and golf courses (Beaumont 2020a). According to the City of Beaumont Municipal Code Section 17.03.040, the RC zoning designation is likewise intended for open space lands as well as for permanent open space in areas where natural hazards are present that might endanger residents. No minimum or maximum lot area standards are applicable to this zone.
Furthermore, the maximum height of any building shall not exceed two stories or 35 feet, whichever is less, in this zone.
2. PROJECT DESCRIPTION
The proposed project would result in the renovation of the entirety of the existing 11 -acre park. Improvements would include relocation and upgrades to the park's basketball courts, skate park, playgrounds/play areas, pathways, and improvements to the stormwater detention basin. The proposed project would also include installation of a splash pad (which would replace the former pool) with a new restroom and outdoor showers; stage; multipurpose field; picnic areas, tables, and shade structures; walking trails; entry plazas; park lighting; landscaping including low and medium water use turf grasses and trees; an irrigation system; and three bioretention areas. The proposed project would also include connection of the park across 9th and 10th Streets to create a continuous park space, which would result in the closure of 9th and 10th streets between Orange and Maple Avenue. Parking would include diagonal and parallel street parking areas. Other site conditions would include a new 25 -foot easement with Beaumont Cherry Valley Water District along the portion of 10th Street that is within the project site, which contains existing water utility service. Overhead electrical utilities along 10th Street are being removed and the overhead fiber optic lines would be placed underground. Figure 3, Site Plan, shows the location and layout of the proposed renovation of Stewart Park.
The park would be open year-round to residents, similar to current conditions. It is assumed that the splash pad will be open from 11 AM to 7 PM during the months of May to September (summer) and open intermittently depending on weather conditions during the months of October to April (fall, winter, and spring).
CONSTRUCTION
Construction of the proposed project is anticipated to start in summer 2024 and last approximately 12 months in one phase. As required by the City of Beaumont Municipal Code Section 9.02.110, since the project site is within one quarter mile of occupied residences, all construction and general maintenance activities shall be limited to the hours of 6 AM and 6 PM from June through September and 7 AM through 6 PM from October through May.
The proposed project would include the demolition of the existing fencing, signage, skate park, landscaping, concrete curb and gutter on the portion of the northern park area abutting Maple Avenue and Orange Avenue, striping, some utility poles and boxes, and 14 trees. Construction activities would include grading and excavation, trenching for site utilities, construction of foundations and structures, paving, exterior finishes, and landscaping including the planting of 170 trees. The portions of 9th and 10th Street located within the project site would be vacated and paved over to connect the three park lots into one continuous lot. The existing restroom would be protected from construction activities. All construction equipment and workers would be located within the boundaries of the project site, and contractors would adhere to construction noise regulations. To avoid impacts to potential impacts to nesting birds, eggs, or young, preconstruction nesting bird surveys and monitoring would be implemented as a project design feature. The preconstruction nesting bird surveys and monitoring would be ensured through City implementation of the condition of approval.
3. REASONS THAT THE PROJECT IS EXEMPT
The proposed project is exempt from further environmental review under the requirements of the California Environmental Quality Act (Cal. Code Regs. Tit. 14 § 15301-1503) because it is consistent with Class 1, Existing Facilities, Class 2, Replacement or Reconstruction, and Class 3, New Construction or Conversion of Small Structures, as explained below.
Class 1, Existing Facilities (CEQA Guidelines § 15301) consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The key consideration is whether the project involves negligible or no expansion of use.
The proposed project involves the alteration, repair, and improvements to an existing park facility and would not result in the expansion of its current use. More specifically, the proposed project involves improvements to an existing skate park, parking lot, stormwater retention basin, and utilities infrastructure. All improvements involve no or negligible expansion of use. Therefore, under CEQA Guidelines Section 15301, the proposed project is exempt from further CEQA analysis.
Class 2, Replacement or Reconstruction (CEQA Guidelines § 15302) consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to:
(a) Replacement or reconstruction of existing schools and hospitals to provide earthquake resistant structures which do not increase capacity more than 50 percent. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity.
(c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity.
(d) Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding.
The proposed project would involve the reconstruction of the entirety of the existing Stewart Park. This includes the reconstruction of the park's existing playgrounds and basketball courts. The new park would be located on the same site and have the same purpose and capacity as the existing park. Furthermore, the proposed project would involve the replacement of existing utility systems and/or facilities located within the project site involving negligible or no expansion of capacity. Therefore, under CEQA Guidelines Section 15302, the proposed project is exempt from further CEQA analysis.
Class 3, New Construction or Conversion of Small Structures (CEQA Guidelines § 15303) consists of the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.
The proposed project would involve the construction of a splash pad with a new restroom and outdoor shower, amphitheater, multipurpose field, irrigation system, landscaping, and park amenities. which is covered under the Class 3 categorical exemption as a new, small facility; and installation of water utility extensions for the splash pad, which are covered under the Class 3 categorical exemption as utility extensions. Therefore, the proposed project is exempt from further CEQA analysis under Section 15303.
4. REVIEW OF EXCEPTIONS TO THE CATEGORICAL EXEMPTION
The proposed project has been reviewed under CEQA conditions described in Section 15332 of Title 14 of the California Code of Regulation that might invalidate findings that the proposed project is exempt from CEQA. Each condition is listed below followed by an assessment of whether that exception applies to the proposed project. (a) Location. Classes 3,4,5,6 and 11 are qualified by consideration of where the project would be located —a project that is ordinarily insignificant in its impact on the environment may in a
particularly sensitive environment be significant. Therefore, these classes are considered to apply all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped and officially adopted pursuant to law by federal, state, or local agencies.
The project site contains the existing Stewart Park and is surrounded by developed residential communities and institutional facilities. A school is located south of and adjacent to the project site. However, the proposed project would be consistent with its existing long-term uses as a part as well as the existing general plan and zoning designations. Construction activities would be contained within the project site boundaries. Furthermore, as further expounded in Section 4(c), due to the project site's developed nature and frequent human disturbance7 the project site lacks any significant biological resources. Although the project site contains an artificial flood basin, it does not have any natural drainage features, nor does it support or lie adjacent to riparian/riverine areas (FWS 2023). The project site has not been identified as a hazardous materials site and would not create a hazard to the public [please refer to Section 4(e)]. Therefore, this exception does not apply to the project. (b) Cumulative Impacts. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.
The City does not intend to construct any additional projects of the same type at the project site or immediate vicinity.
There are several development projects within the City that are pending approval, approved, or under construction.
Completed projects in the City include commercial, industrial, and residential uses. Construction and operation of other offsite projects is not expected to contribute to a significant cumulative impact. The proposed project would not result in any significant environmental impacts, nor is there potential for significant cumulative impacts. Thus, this exception does not apply to the proposed project.
(c) Significant Effects. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.
There is no reasonable possibility that the proposed project will have a significant effect on the environment due to unusual circumstances. The construction manager would ensure compliance with local, state, and federal laws and regulations, would implement construction Best Management Practices (BMPs), and follow local standards and guidelines. There would be some temporary noise and vibration impacts associated with construction activities.
However, all temporary construction and vibration impacts, and operational noise impacts are considered less than significant as project development would be required to comply with Section 9.02.110 of the Beaumont Municipal Code, which sets the hours of operation for construction. Construction would require the removal of 14 trees. The project design includes replacement of all trees to be removed with new trees. After project completion, there will be more trees within the park than in current conditions. The City would be subject to Section 12.12.130 of the municipal code, which outlines tree removal protocol. Therefore, the proposed project would ensure no impacts related to removal of trees.
NOISE
Temporary Construction Noise
Noise created by construction within one -quarter of a mile of occupied residences is allowed between the hours of 6:00 AM to 6 PM from June through September and 7 AM through 6 PM from October through May, according to the City of Beaumont Municipal Code Section 9.02.110. The proposed project's daily schedule for construction would comply with the City's construction noise regulations, and therefore, construction activities would occur within the allowable construction hours of the municipal code. Short-term construction noise would be generated by demolition, site preparation, and construction activities. These activities would utilize equipment such as, but not limited to,
dozers, backhoes, excavators, loaders, rollers, and construction vehicles for delivery and transport of equipment, material, and workers.
The closest sensitive receptors are the residences adjacent to the east, north, and west of the project site and the school adjacent to the south of the project site. Because of the proximity of the project site to these sensitive receptors, construction activities would elevate the ambient noise environment in the vicinity of noise -sensitive receptors. However, all construction activities would be temporary and cease upon project completion. Additionally, project development would be required to comply with Section 9.02.110 of the Beaumont Municipal Code, which sets the hours of operation for construction. In addition, construction equipment and trucks would utilize the best available noise control techniques (e.g., improved mufflers, equipment re -design, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields, shrouds, or temporary noise barriers), wherever feasible. As a result, construction activities would be restricted to the least noise -sensitive portions of the day. Temporary construction noise impacts would be less than significant.
Temporary Construction Vibration
Construction can generate varying degrees of ground vibration, depending on the construction procedures and equipment. Operation of construction equipment generates vibrations that spread through the ground and diminish with distance from the source. The effect on buildings in the vicinity of the construction site varies depending on soil type, ground strata, and receptor -building construction. The effects from vibration can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibrations at moderate levels, to slight structural damage at the highest levels. Vibration from construction activities rarely reaches the levels that can damage structures.
For reference, a vibration level of 0.2 inches per second (in/sec) peak particle velocity (PPV) is used as the limit for non -engineered timber and masonry buildings (which could be applied to the surrounding residential structures) (Federal Transit Administration 2018). At a distance of greater than 25 feet, vibration levels from typical construction equipment including vibratory rollers attenuate to less than the 0.2 in/sec PPV. Commercial, institutional, and residential properties are located adjacent to the western, southern, and eastern boundary of the project site; however, construction of the proposed project would not result in vibration levels that would disrupt the operation of adjacent properties or damage any structures near the project site. Therefore, vibration levels would not exceed the 0.2 in/sec PPV threshold, and vibration impacts would be less than significant.
Operational Noise
The proposed project would not introduce any new noise sources to the project area. The project site is located within the existing Stewart Park. Implementation of the proposed project would not induce population growth; therefore, the proposed project would not significantly increase noise levels near or within the project site.
BIOLOGICAL RESOURCES
The City's General Plan identifies environmentally sensitive habitats for special -status plant and wildlife species with a State and/or Federal listing status and/or listed in the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). The project site does not contain potential habitat for such species as outlined in the Beaumont General Plan, nor is the project site within an area subject to the MSHCP. The project site is surrounded by urban development and in an area that is highly urbanized. Therefore, the project site has no value as habitat for endangered, rare, or threatened species.
Nesting Birds
The proposed project would involve the removal of 14 mature trees and other ornamental landscaped plants that could provide potential nesting habitat for birds protected by the Migratory Bird Treaty Act (MBTA), California
Migratory Bird Protection Act (MBPA), and Fish and Game Code. In addition, indirect impacts from noise or vibration have the potential to disturb an active bird nest to the point of failure if the nest is within immediate proximity to project activities, and this would also be a violation of the MBTA and Fish and Game Code. To avoid impacts to potential impacts to nesting birds, eggs, or young, preconstruction nesting bird surveys and monitoring would be implemented as a project design feature. The preconstruction nesting bird surveys and monitoring would be ensured through City implementation of the condition of approval.
Trees
14 mature trees would be removed as a result of project development. However, none of the trees that would be removed are protected under the City's General Plan, MHSCP, or State or Federal law; therefore, there would be no loss of protected resources. The City would be subject to Section 12.12.130 of the municipal code, which outlines tree removal protocol. Therefore, the proposed project would ensure no impacts related to removal of trees.
For these reasons, there is no reasonable possibility that the proposed project would have a significant effect on the environment due to unusual circumstances, and this exception does not apply to the proposed project. (d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings or similar resources, within a highway officially designated as a state scenic highway.
There are no designated state scenic highways in the City of Beaumont, including near the project site. According to the California Department of Transportation (Caltrans) California Scenic Highway Mapping System, the closest State designated highway is the portion of California State Route 243 (SR -243) that extends from the intersection of SR -243 and Smith Creek (approximately 0.12 miles southeast of the intersection of SR -243 and Old Banning Idyllwild Road) to the intersection of SR 243 and SR 74 approximately 21 miles southeast of the project site. Additionally, the closest highway that is eligible for designation extends from the intersection of 8th Street and the Interstate 10 freeway (1-10) south to the 8th Street/Lincoln Street intersection, east to the Lincoln Street/San Gorgonio Avenue, south to the intersection of SR -243 and Smith Creek (where the northern end of the closest State designated highway is located) (Caltrans 2023). Construction and operation of the proposed project would be completely within the existing park, which is not visible from these designated and eligible highways. The proposed project would not affect scenic resources along any officially designated or eligible scenic highways due to the distance, varying topography, and intervening development. Therefore, this exception does not apply to the proposed project. (e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Government Code § 65962.5.
California Government Code Section 65962.5 requires the compiling of lists of the following types of hazardous materials sites: hazardous waste facilities subject to corrective action; hazardous waste discharges for which the State Water Quality Control Board has issued certain types of orders; public drinking water wells containing detectable levels of organic contaminants; underground storage tanks with reported unauthorized releases; and solid waste disposal facilities from which hazardous waste has migrated.
Five environmental databases were searched for hazardous materials sites on the site and within a quarter mile radius:
»
»
EnviroStor. Department of Toxic Substances Control (DTSC 2023) GeoTracker. State Water Resources Control Board (SWRCB 2023) EJScreen. US Environmental Protection Agency (USEPA 2023a) EnviroMapper. US Environmental Protection Agency (USEPA 2023b) » Solid Waste Information System. California Department of Resources Recycling and Recovery (CalRecycle 2023)
The project site and areas within a quarter mile of the project site are not identified in EnviroStor, EJSCreen, or the Solid Waste Information System. According to GeoTracker, there is a leaking underground storage tank (LUST) cleanup site approximately one quarter mile south of the project site; however, cleanup of this site was completed and closed in January 2018 (SWRCB 2023). Additionally, according to EnviroMapper, there are nine hazardous waste sites within a quarter mile of the project site (USEPA 2023b). However, all these hazardous waste sites are required to obtain and comply with a permit under the Resources Conservation and Recovery Act. Furthermore, operations of all these sites are contained within their respective sites. Therefore, the proposed project would not create a hazard to the public.
This exception does not apply to the proposed project.
(f)
Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of historical resources. Under Public Resource Code § 21084.1, a historical resource is a resource listed in or determined to be eligible for listing in the California Register of Historical Resources. Additionally, historical resources included in a local register of historical resources are presumed to be historically or culturally significant, and a lead agency can determine whether the resource may be an historical resource.
The project site contains the existing Stewart Park. No historic resources that are listed on the National Register of Historic Places, the California Register of Historical Resources, or as a California State Historical Landmark exist onsite (NPS 2022, OHP 2022a, OHP 2022b). The closest historical resource is Carnegie Beaumont Library, which is listed on the California Register of Historical Resources and is located about 0.4 miles west of the project site (OHP 2022a).
However, construction and operation of the proposed project would occur entirely within the project site. Therefore, implementation of the proposed project would not cause significant impacts to historical resources, and the historical resources exception does not apply to this proposed project.
5. CONCLUSION
The proposed project is exempt from further environmental review under the requirements of the California Environmental Quality Act (Cal. Code Regs. Tit. 14 § 15301-15303) because it is consistent with Class 1, Existing Facilities, Class 2, Replacement or Reconstruction, and Class 3, New Construction or Conversion of Small Structures.
6. REFERENCES
Beaumont, City of. 2020a, December 1. Beaumont General Plan. https://www.beaumontca.gov/DocumentCenter/View/36923/Beaumont-GPU_Final-rev-22521 . . 2020b. Beaumont Land Use Map Final.
http://www.beaumontca.gov/DocumentCenter/View/36839/Beaumont-Land-Use-Map-Final . . 2020c. Beaumont Zoning Map Final. http://www.beaumontca.gov/DocumentCenter/View/36840/Beaumont- Zoning-Map-Final.
California Department of Resources Recycling and Recovery (CalRecycle). 2023, June. SWIS Facticity/Site Search. https://www2.calrecycle.ca.gov/SolidWaste/Site/Search
California Department of Transportation (Caltrans). 2023, June. California Highway System. https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa .
Department of Toxic Substances Control (DTSC). 2023, June. EnviroStor. http://www.envirostor.dtsc.ca.gov/public/ .
National Park Service (NPS). 2022, October. National Register of Historic Places. https://www.n ps.gov/maps/full.html?mapld=7ad 17cc9-b808-4ff8-a2f9-a99909164466.
Office of Historic Preservation (OHP). 2022a, October. California Historical Resources. https://ohp . parks.ca.gov/ListedResources/?view=county&criteria=33.
. 2022b, October. California Historical Landmarks. https://ohp.parks.ca.gov/?page_id=21452 .
State Water Resources Control Board (SWRCB). 2023, June. GeoTracker. http://geotracker.waterboards.ca.gov/ .
US Environmental Protection Agency (USEPA). 2023a, June. EJSCREEN. https://ejscreen.epa.gov/mapper/ .
US Environmental Protection Agency (USEPA). 2023b, June. EnviroMapper for EnviroFacts. https://www3.epa.gov/enviro/index.html .
U.S. Fish & Wildlife Service (FWS). 2023, June. National Wetlands Inventory— Wetlands Mapper. https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/ .
Attachments
Figure 1 Regional Location
Figure 2 Local Vicinity
Figure 3 Site Plan
CEQA: California Environmental Quality Act
NOTICE OF EXEMPTION
To: ® Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
County Clerk
County of Riverside
2724 Gateway Drive
Riverside, CA 92507
Stewart Park Renovation Project
Project Title
From: City of Beaumont
550 East 61h Street
Beaumont, CA 92223
Bounded to the north by 11th Street, to the south by 8th Street, to the east by Maple Street, and to the west by Orange Avenue
Project Location — Specific
Beaumont
Riverside
Project Location — City Project Location — County
The proposed project would result in the renovation of the entirety of the existing 11 -acre park. Improvements would include relocation and upgrades to the park's basketball courts, skate park, playgrounds/play areas, pathways, and improvements to the stormwater detention basin. The proposed project would also include installation of a splash pad (which would replace the former pool) with a new restroom and outdoor showers; stage; multipurpose field; picnic areas, tables, and shade structures; walking trails; entry plazas; park lighting; landscaping including low and medium water use turf grasses and trees; an irrigation system; and three bioretention areas. The proposed project would also include connection of the park across 9th and 10th Streets to create a continuous park space, which would result in the closure of 9th and 10th streets between Orange and Maple Avenue. Parking would include diagonal and parallel street parking areas. Other site conditions would include a new 25 -foot easement with Beaumont Cherry Valley Water District along the portion of 10th Street that is within the project site, which contains existing water utility service. Overhead electrical utilities along 10th Street are being removed and the overhead fiber optic lines would be placed underground. Figure 3, Site Plan, shows the location and layout of the proposed renovation of Stewart Park. The park would be open year-round to residents, similar to current conditions. It is assumed that the splash pad will be open from 11 AM to 7 PM during the months of May to September (summer) and open intermittently depending on weather conditions during the months of October to April (fall, winter, and spring).
Description of Nature, Purpose, and Beneficiaries of Project City of Beaumont
CEQA: California Environmental Quality Act
Name of Public Agency Approving Project
City of Beaumont
Name of Person or Agency Carrying Out Project
Exempt Status: (check one below)
❑ Ministerial (Sec. 21080(b)(1); 15268);
❑ Declared Emergency (Sec. 21080(b)(3); 15269(a));
❑ Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
❑ Categorical Exemption. State type and section number: § 15301, Existing Facilities; §15302, Replacement or Reconstruction; and §15303, Class 3, New Construction or Conversion of Small Structures.
El Statutory Exemptions. State code number:
The alteration, repair, and improvements to the existing skate park, parking lot, stormwater retention basin, and utilities is covered under the Class 1 categorical exemption as existing facilities. All improvements involve negligible or no expansion of use.
The reconstruction of the park's playgrounds, basketball courts, and utilities qualifies for a Class 2 categorical exemption. The new park would be located on the same site and have the same purpose and capacity as the existing park.
The construction of a splash pad with a new restroom and outdoor shower, amphitheater, multipurpose field, irrigation system, landscaping, and park amenities is covered under the Class 3 categorical exemption as small and accessory structures.
The proposed project was also reviewed for possible exceptions under Section 15300.2 and found that the exceptions do not apply. See Attachment to Notice of Exemption for further explanation of the evaluation, which is available at the City of Beaumont, 550 East 6th Street, Beaumont, CA 92223.
Reasons why project is exempt
Contact Person: Area Code/Telephone/Extension:
If filed by applicant:
1. Attach certified document of exemption findings
2. Has a Notice of Exemption been filed by the public agency approving ® Yes ❑ No the project
Date
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Filing:
Signature:
Title:
THE PRESS -ENTERPRISE
KEEP YOUR EYES ON THE 'PRISE
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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: 0011647496
FILE NO. 0011647496
PROOF OF PUBLICATION
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am over the age of eighteen years and
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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
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correct.
Date: February 10, 2024.
At: Riverside, California
CITY OF BEAUMONT
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN, on February 20, 2024, at approxlmately 6:00 p.m. at the Clty of Beaumont City Council, in Clty Council Chambers at Clty of Beaumont Civic Center, 550 E 6th Street, Beaumont, CA 92223, the Council will consider the following matters:
STEWART PARK RENOVATION PROJECT (P-10) A request for the Clty Council to determine that the Stewart Park renovation (P-10) is exempt from further environmental review under the requirements of CEQA and is consistent with Categorical Exemption Class 1, 2 & 3.
The Stewart Park Remodel Protect (P-10) proposes to renovate the existing Stewart Park bordered by Orange Avenue, Maple Avenue, East Eleventh Street and approxlmately 150 feet north of East Eighth Street on Assessor Parcel Numbers (AP N) 415-243-002, 415-273-002 & 415-323-002.
The proposed protect would result in the renovation of the entirety of the existing 11 -acre park. Improvements would include relocation and upgrades to the park's basketball courts, skate park, playgrounds/ play areas, pathways, and Improvements to the stormwater detention basin. The proposed prolect would also include installation of a splash pad (which would replace the former pool) with a new restroom and outdoor showers; stage; multipurpose field; picnic areas, tables, and shade structures; walking trails; entry plazas; park lighting; landscaping including low and medium water use turf grasses and trees; an irrigation system; and three (3) bloretentlon areas.
The proposed prolect would also Include connection of the park across 9th and 10th Streets to create a continuous park space, which would result in the closure of 9th and 10th streets between Orange and Maple Avenue.
Information on this protect also be accessed online at https://www . beaumontca.gov/1163/Stewart-Park-Renovation.
Public comments can be made in person, using the public comment phone line or by written email. Phone-in comments will be accepted by calling the designated public comment phone line (951) 922-4845 prior to the corresponding Item. Public comments shall not exceed three minutes unless otherwise authorized by the Clty Council.
Written comments can be emalled to [email protected] Public comments accepted via email will be read aloud during the corresponding item of the meeting. Comments can be submitted any time prior to the meeting as well as during the meeting until the end of the corresponding item.
This meeting will be conducted in person and also and will be recorded for live streaming. All City of Beaumont public meetings will be made available via live streaming and made available on the City's official YouTube webpage. Please use the following I1nk during the meeting for live stream access: BeaumontCa.gov/Llvestream Carole Kendrick
Planning Manager
The Press -Enterprise
Published: 2/10/24
Stewart Park CEQA - Page 1 of 1
BEAUA MONTA -C L 1 F O R N 1 -
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
DATE February 20, 2024
SUBJECT: Pension Funding Policy
Description Proposed pension funding policy sets funding guidelines and policy parameters as a tool for maintaining an adequate funded status of the City's pension obligations.
Background and Analysis:
On October 23, 2023, the Financial and Audit Committee received a pension status update by Govinvest. At this meeting it was explained that in FY2022, CaIPERS experienced a 14.3% investment experience loss which results in the City's unfunded liability increasing and the City's pension funded goal below its target of 85%. The early estimates for FY2023 are reported at an investment experience loss of 1 %.
Amortization of the CaIPERS investment losses results in an increased annual unfunded liability payment beginning in FY25 with a maximum negative effect to the budget of up to $1.5M annually.
City staff have been working with Govinvest to review the current funding policy on whether that policy needs to be updated or changed to address the status, and possible options to manage the results of the negative investment returns from CaIPERS now and in the future. Govinvest has provided a recommended written funding policy with direction provided by the Financial and Audit Committee comments from the October meeting and staff. Staff has reviewed the policy and believes it will provide an essential framework for the City Council and staff regarding funding the City's pension obligations.
The funding policy aids the City Council's decision -making, balancing the funding objectives of the City's pension plan with the City's ongoing responsibilities to its citizens. The City recognizes that a fiscally prudent Policy should:
• Maintain the City's sound financial position;
• Align with City's long-term financial plan;
• Provide guidance in making annual budget decisions;
• Ensure the City has the flexibility to respond to changes in future service priorities, revenue levels, and operating expenditures; • Ensure that all pension funding decisions are structured to protect both current and future taxpayers, ratepayers, and residents of the City; and • Protect the City's ability to provide employees with the pension benefits promised.
Below is the illustration of funding guidelines and policy parameters within the proposed policy.
ILLUSTRATION OF FUNDING GUIDELINES AND POLICY PARAMETERS Recommended Funded Status Guidelines
Pension Reserve (115 Trust)
Assets with CaIPERS
Combined Funded Status
Funding Guidelines*
If greater than 90% funded status
If Less than 90% but greater than 75%
If less than 75% but greater than 65%
If less than 65% of funded status
Recommended
Policy % (AL)
Target
Target
Min.
Max
3%
20%
70%
90%
90%
110%
Minimum
Contribution
Policy
ADC + .25% AL
ADC + .50% of AL
ADC + .75% of AL
ADC +1%of AL
Recommended Targets based
On Current (AL) $120M
($ For Illustration Purposes)
Target Min.
Target Max
$ 3,600,000
$ 24,000,000
$ 84,000,000
$ 108,000,000
$ 108,000,000
$ 132,000,000
Minimum Contribution
Guidelines
($ For Illustration Purposes)
$300,000
$600,000
$900,000
$1,200,000
* Actuarial Determined Contribution (ADC) is the minimum required employer contribution. Additional contribution may be directed to increase to the City's 115 Pension Trust or to direct contribution to Cal PERS provided the contribution would not foreseeably result in a funded status greater than 90% at Ca!PERS. ** Funds in excess of combined funded status guidelines shall be used to make the minimum required employer contributions (ADC).
The Financial and Audit Committee reviewed this policy at the January 22, 2024, meeting and approved to move forward to the City Council for approval.
Fiscal Impact:
The estimated cost to prepare this report is $175.
Recommended Action:
Review proposed pension funding policy and provide any recommended changes or approve the policy.
Attachments:
A. Draft Pension Funding Policy
B. Presentation
PENSION FUNDING POLICY
PURPOSE
The purpose of the Pension Funding Policy (the "Policy") for the City of Beaumont is to establish a comprehensive and prudent framework to manage the City's defined benefit pension obligations, in alignment with the best practices of the Government Finance Officer's Association (GFOA). This Policy serves as a guiding document to:
1. Articulate Pension Management Goals: Clearly outline the City's objectives in managing pension funds, ensuring that they are well-defined and focused on the long-term sustainability of the pension system.
2. Affirm Commitment to Pension Promises: Emphasize the Council's unwavering commitment to fulfilling the pension benefits promised to employees, highlighting the importance of this responsibility in the City's financial planning.
3. Demonstrate Fiscal Responsibility: Show the Council's dedication to long-term fiscal discipline. This involves making prudent financial decisions that protect the interests of the City, its creditors, employees, and stakeholders, ensuring the financial health and credibility of the City.
4. Set Reserve Targets and Augment Assets: Establish clear reserve targets and implement strategies to enhance the pension fund's assets. This is crucial for mitigating the volatility risks associated with the pension fund's assets and liabilities.
5. Outline Transparency and Governance Procedures: Define and implement robust governance structures and transparency measures. This ensures that the pension management process is open, accountable, and subject to appropriate oversight.
6. Support Informed Decision -Making: Aid the City Council in making informed decisions by balancing the pension plan's funding objectives with the City's broader responsibilities to its citizens, including maintaining service quality and financial stability.
7. Ensure Financial Stability and Flexibility: Align the Policy with the City's long- term financial plan, ensuring that it contributes to maintaining the City's sound financial position. It should provide guidance for annual budget decisions and ensure the City retains the flexibility to adapt to changing service priorities, revenue levels, and operating costs.
8. Safeguard Interests of Stakeholders: Structure all pension funding decisions to protect the interests of current and future taxpayers, ratepayers, and residents of the City. This involves ensuring that the decisions made today do not unduly burden future generations.
9. Guarantee Pension Benefits: Protect the City's capability to provide its employees with the promised pension benefits, ensuring that the pension plan remains a reliable and stable source of post -retirement income for the City's workforce.
Through these guiding principles, the City of Beaumont aims to manage its pension obligations responsibly and sustainably, ensuring fiscal health and stability while fulfilling its commitments to employees and stakeholders.
BACKGROUND
The City is committed to fiscal sustainability by employing long-term financial planning efforts, maintaining appropriate reserve levels, and employing prudent practices in governance, management, budget administration, and financial reporting. This Policy is intended to make all relevant information readily available to decision -makers and the public to improve the quality of decisions, identify policy goals, and to demonstrate a commitment to long-term financial planning.
Developing a funding policy to address an unfunded accrued liability offers several benefits. Below are a few of the key advantages:
1. Framework for Managing Future Liabilities: Establishing a funding policy provides a structured approach to managing future liabilities. It helps in minimizing the impact on operational aspects of the organization. By adopting such a policy, there's a commitment to a disciplined decision -making process, which enhances predictability in funding requirements.
2. Enhanced Transparency and Understanding: Having a written summary of the funding policy, which is readily available to employees and the public, fosters transparency in funding decisions. This transparency is crucial for increasing the overall understanding of pension funding issues among all stakeholders.
3. Improved Risk Management: The process of developing a funding policy itself is beneficial as it aids in the identification, understanding, and management of risk factors. These factors can significantly affect the variability of funding requirements and the security of benefits for both current employees and retirees.
A well-defined funding policy not only ensures better management of liabilities but also promotes transparency and improves risk management, leading to more secure and predictable funding for pensions.
The primary goal of funding defined benefit pension plans is to ensure that sufficient assets will be accumulated to deliver promised benefits when they come due. The City's pension funding goal is to fund its pension benefit obligations and establish sound funding guidelines that promote pension benefit security while preserving sufficient liquidity as not to negatively impact the City's ability to continue to provide services to the community.
California Public Employer's Retirement Law (PERL) requires member agencies to contribute an Actuarial Determined Contribution (ADC) which is the City's minimum
required employer contribution. The ADC is composed of the annual service cost of active employees (Normal Cost) plus an amount required to amortize any unfunded accrued liability (UAL Payment). If all other actuarial assumptions are met, making the UAL payment improves the funded status of the plan by approximately 1 %-2% per year until the market value of assets with CaIPERS reaches 100% of the funded status with CaIPERS.
The City recognizes there are a significant number of assumptions that go into the development of the City's accrued pension liability and the annual volatility associated with the market value of assets, that underpin the City's unfunded accrued liability, and should not be disruptive for budgeting and planning purposes. This policy will guide the City's strategy to maintain a target minimum balance in the City §115 Pension Trust to minimize annual disruption and preserve flexibility. The policy also contemplates a maximum combined balance of assets with CaIPERS and assets held in the City's §115 Pension Trust relative to the City's total accrued pension liability.
FUNDING GUIDELINES AND POLICY PARMETERS
Commitment to Funding the ADC: Committing to paying the full Actuarially Determined Contribution (ADC) each period is crucial for a pension plan sponsor for several reasons:
1. Ensuring Financial Sustainability: The ADC is calculated to ensure that the pension plan can meet its long-term obligations. By consistently funding the full ADC, the plan sponsor helps maintain the financial health and sustainability of the pension fund.
2. Preventing Unfunded Liabilities: Underfunding the ADC can lead to the growth of unfunded liabilities. Over time, these unfunded liabilities can become substantial, increasing the financial burden on the pension plan and potentially leading to a funding crisis.
3. Stabilizing Contribution Rates: Regularly funding the ADC helps to stabilize contribution rates over time. This consistency aids in budgeting and financial planning for both the plan sponsor and the beneficiaries.
4. Maintaining Plan Solvency: Paying the full ADC helps ensure that the plan remains solvent and can continue to pay out benefits as promised to current and future retirees. This is crucial for maintaining the trust and confidence of the plan members.
5. Compliance with Actuarial Standards and Policies: The ADC is determined based on actuarial standards and reflects the best estimate of what needs to be contributed to adequately fund the pension liabilities. Paying the full ADC demonstrates a commitment to these professional standards and sound financial practices.
6. Avoiding Cost Shifting to Future Generations: By fully funding the ADC, the plan sponsor avoids shifting the burden of current pension costs to future generations or future taxpayers. This is an important aspect of equitable and responsible fiscal management.
7. Enhancing Credit Ratings and Investor Confidence: Investors and credit rating agencies often view the full funding of pension obligations as a sign of financial health and responsible management. This can lead to better credit ratings and lower borrowing costs for the sponsoring government or organization.
8. Risk Management: Adequate funding reduces the risk associated with pension liabilities, such as investment risk, demographic risk, and inflation risk, by ensuring that funds are available to meet these challenges.
As a key component of prudent fiscal management for pension plan sponsors, ensuring the long-term viability of the pension plan and safeguarding the interests of both current and future retirees, the City is committed to paying the full ADC each year plus any additional amounts it deems appropriate and consistent with this funding policy.
Preservation of Financial and Budget Flexibility: The concept of "Preservation of Financial and Budget Flexibility" through maintaining adequate reserves is vital for the City, particularly in light of managing its accrued pension liabilities. Here's a refined explanation:
1. Importance of Reserves for Financial Flexibility: Reserves are crucial in providing financial flexibility. They function as a safeguard against unpredictability and economic fluctuations. This is particularly pertinent considering the substantial accrued pension liabilities and the volatility of the assets earmarked to fund these obligations.
2. Preparing for Market Downturns and UAL Payment Increases: In the event of a significant market downturn, the City faces the risk of being required by CaIPERS (California Public Employees' Retirement System) to increase its Unfunded Accrued Liability (UAL) contributions to compensate for market -related shortfalls.
This scenario necessitates prudent financial planning.
3. Determining a Minimum Reserve Threshold: To effectively address this risk, the City should consider maintaining a minimum reserve amount. A target balance of 3-5% of the City's budget is suggested as a prudent benchmark. This reserve level is expected to be sufficient for managing unexpected hikes in UAL payments, thereby ensuring financial stability during turbulent times.
The establishment of a target minimum reserve balance of 3-5% reflects a strategic approach to financial planning. It ensures that the City is equipped to handle unforeseen financial demands, particularly in relation to pension liabilities, while continuing to fulfill its service and infrastructure obligations to the community.
Maximum Reserves Available to Mitigate Pension Liabilities: The concept of "Maximum Reserves Available to Mitigate Pension Liabilities" reflects a prudent approach adopted by the
City to balance its financial resources. This approach acknowledges the limited nature of available funds and emphasizes the importance of striking a balance between two key aspects:
1. Funding Long -Term Obligations: The City recognizes the significance of adequately funding its long-term obligations, such as pension liabilities. This involves setting aside sufficient reserves to ensure these obligations can be met over time. By doing so, the City aims to maintain financial stability and fulfill its commitments to current and future retirees.
2. Meeting Current Service Needs: At the same time, the City is aware of the immediate service needs of its current residents. This necessitates the allocation of resources to provide essential services and maintain the quality of life within the community. The City must ensure that while funding long-term obligations, it does not neglect the immediate and ongoing needs of its residents.
The concept of "Maximum Reserves Available" thus serves as a guiding principle for the City's financial planning. It requires careful consideration and management of available resources to simultaneously address long-term pension liabilities and current service requirements, acknowledging that resources are finite and must be judiciously allocated to meet both current and future needs.
Opportunities to save Pension interest costs: "Saving Pension Interest Costs" involves strategic management of the City's payments towards CaIPERS' Unfunded Accrued Liability (UAL) under the existing amortization policies.
1. Challenges with CaIPERS' UAL Amortization Policies: CaIPERS' UAL amortization policies, while designed to be accommodating for local agencies, especially those with limited budget flexibility, often result in extended and negatively amortizing payment schedules. This means that the debt may increase in the short term as interest outpaces the principal repayments.
2. Default Payment Schedule as the Minimum Requirement: The default payment schedule set by CaIPERS represents the minimum amount that local agencies are required to pay. However, this minimum approach can lead to substantial interest costs over time due to the slow and negatively amortizing nature of the repayment structure.
3. Accumulating Funds for UAL Repayment: The City should consider accumulating available funds to address the inefficiencies of slow and negatively amortizing UAL repayment schedules. This involves setting aside funds beyond the minimum required to maintain budget flexibility. Once this minimum threshold is secured, any excess funding and earnings can be allocated for strategic debt management.
4. Role of the City Manager and Finance Director: The excess funds and earnings should be made available to the City Manager, or as delegated, to the Finance Director. Their role would be to identify opportunities to reduce interest costs by making additional payments above the default schedule provided by CaIPERS.
5. Annual Review and Decision -Making Process: Annually, the City Manager or Finance Director should evaluate and recommend strategies to the City Council during the Budget Process. This recommendation should focus on how best to utilize excess funds for reducing the long-term interest costs associated with the UAL repayment, thus ensuring more efficient and cost-effective debt management.
By strategically managing funds to make additional payments towards the UAL, the City can reduce the long-term interest costs associated with its pension obligations. This approach requires careful financial planning and regular review, with the goal of balancing fiscal responsibility and budget flexibility while minimizing overall interest expenses.
Plan Solvency: The concept of "Plan Solvency" for the City's pension plan involves a targeted approach to managing pension assets and liabilities, with the goal of maintaining a robust funded status.
1. Target Funded Status of 11O%: The City aims to achieve a combined funded status of 110% of the accrued pension liability. This target ensures a buffer against the volatility of pension assets. The target funded status is comprised of the sum of funds held with CaIPERS and any additional funds the City has reserved and specifically designated for pension liabilities (e.g. §115 pension trust).
2. Response to Varying Levels of Funded Status:
• If funded status is below 110%: The City will aim to reserve or contribute to CaIPERS an amount that is at least 0.25% of its accrued liability, in addition to the City's Actuarially Determined Contribution (ADC). • If funded status falls below 90%: The response remains the same as above, with an emphasis on reserving or contributing at least 0.5% of the accrued liability along with the ADC.
• If funded status falls below 75%: The City will endeavor to set aside or contribute to CaIPERS an amount greater than or equal to 0.75% of its accrued liability, in addition to the ADC.
Due to the volatility of pension assets, the City shall strive to achieve a combined funded status of 110% of the accrued liability. The total funding amount will be a combination of the amount on deposit with CaIPERS, and any funds reserved by the City that are "designated" for pension liabilities.
ILLUSTRATION OF FUNDING GUIDELINES AND POLICY PARAMETERS
Recommended Funded Status Guidelines
Pension Reserve (115 Trust)
Assets with CaIPERS
Combined Funded Status
Funding Guidelines*
If greater than 90% funded status
If Less than 90% but greater than 75%
If less than 75% but greater than 65%
If less than 65% of funded status
Recommended
Policy % (AL)
Target
Target
Min.
Max
3%
20%
70%
90%
90%
110%
Minimum
Contribution
Policy
ADC + .25% AL
ADC + .50% of AL
ADC + .75% of AL
ADC + 1% of AL
Recommended Targets based
On Current (AL) $120M
($ For Illustration Purposes)
Target Min.
Target Max
$ 3,600,000
$ 24, 000,000
$ 84,000,000
$ 108,000,000
$ 108,000,000
$ 132,000,000
Minimum Contribution
Guidelines
($ For Illustration Purposes)
$300,000
$600,000
$900,000
$1, 200,000
* Actuarial Determined Contribution (ADC) is the minimum required employer contribution. Additional contribution may be directed to increase to the City's 115 Pension Trust or to direct contribution to CaIPERS provided the contribution would not foreseeably result in a funded status greater than 90% at CaIPERS. ** Funds in excess of combined funded status guidelines shall be used to make the minimum required employer contributions (ADC).
GOVERNANCE PROCEDURES:
This section outlines the governance protocols for ensuring responsible management, transparent communication, and strategic oversight of the pension funding policy.
Annual Communication and Reporting
1. Annual Progress Reports: Employers are required to annually communicate comprehensive information necessary to assess progress towards pension funding objectives.
2. Three -Year Historical Analysis: Employers should include an aggregate summary of the plan's three-year historical funded status. This analysis helps in identifying trends, assessing the effectiveness of current strategies, changes in market conditions, and making informed adjustments.
3. Projected Funded Status and Investment Returns: After actual investment return experience is known, the City should project the funded status for the upcoming valuation year. This projection allows for potential changes in funded status and early identification of potential funding challenges.
4. Long-term Forecast of UAAL Costs: A minimum 7-10 year forecast of the Unfunded Actuarial Accrued Liability (UAAL) costs is mandatory. This long-term forecast plays a crucial role in strategic planning and future budgeting.
Strategic Evaluation and Budget Recommendations
Annual Strategy Analysis: Each year, the City Manager or Finance Director is tasked with evaluating the pension fund's status and recommending strategies to the City Council during the Budget Process. These strategies should focus on efficiently allocating funds to preserve budget flexibility, reduce interest costs, reduce negative amortization associated with Unfunded Actuarial Liability (UAL) repayment and/or improve the funded status of the pension plan(s) as identified in the Funding Guidelines and Policy Parameters section of this policy.
1. Review of Fiscal Year End Surplus/Deficit: Upon the conclusion of the fiscal year or after the annual audit, City staff will assess all discretionary fund reserve balances.
Depending on the circumstances, even shortly after the budget adoption, there may be a decision to utilize any available reserves or one-time savings from the previous fiscal year. These funds could be allocated to the §115 pension reserve, used for payments to CaIPERS from the year-end surplus, or employed to address specific goals outlined in the strategic analysis.
2. Budget Appropriation Recommendations: In the annual budget, the City Manager and/or Finance Director are required to propose appropriations covering the Actuarially Determined Contribution (ADC) to the pension fund, along with any additional amounts specified in the "Funding Guidelines and Policy Parameters" section of this policy. This is crucial to ensure that pension funding is consistently and comprehensively integrated into the city's financial planning process.
3. Handling Unforeseen Circumstances: Occasionally, the City Manager may propose to the City Council the use of a portion of the pension reserve to meet the annual ADC, especially if maintaining the targeted minimum balance in the reserve could negatively impact community services. The policy stipulates that the reserve's target balance should be restored within a five-year timeframe. This provision allows for flexibility in financial management while ensuring long-term fiscal responsibility and sustainability of the pension reserve.
Appendix
ADC (Actuarially Determined Contribution): The ADC is the employer's annual required contribution to a pension plan, as calculated by actuaries. It typically includes two main components: the Normal Cost, which is the cost of pension benefits accruing in the current year, and an Amortization Payment towards the Unfunded Actuarial Accrued Liability (UAAL).
The ADC is designed to cover the cost of benefits earned in the current year and to systematically eliminate any existing funding shortfall over an appropriate period. This contribution is crucial for maintaining the financial health and sustainability of the pension plan.
Normal Cost: is a key actuarial concept representing the cost of pension benefits accruing during a fiscal period, based on the present value of these future benefits. It's a crucial component in determining how much an employer and employees need to contribute to a pension plan each year together with assumed investment earnings to adequately fund the promised benefits.
UAL Payment: A payment made towards the Unfunded Actuarial Accrued Liability (UAAL) of a pension plan. It represents contributions specifically intended to address the deficit between the plan's current assets and the present value of its future pension obligations. This deficit arises due to various reasons, such as changes in actuarial assumptions, investment performance, or alterations in plan benefits. While Normal Cost looks forward, focusing on the current period's service, UAL payments address past service costs that have not been fully funded.
Prepayment of ADC: At the beginning of each fiscal year, the City analyzes the cost/benefits of prepaying ADP due to CaIPERS during that fiscal year. The City strives to continue taking advantage of any prepayment discount that is afforded by CaIPERS.
Additional Discretionary Payments (ADPs): ADPs may be deposited with CaIPERS at any time. Within the constraints of this policy and appropriation by City Council, the City may make ADPs to CaIPERS to achieve one or more of the three objectives above, especially when it is clear that components of the UAL (gain/loss bases) are negatively amortizing, or other opportunities exist that would likely result in an economic benefit to the City. Unless explicitly authorized by Council, ADPs to CaIPERS should not be made if it can reasonably expect that assets with CaIPERS would exceed 90% of the City's accrued liability.
Restructuring UAL Payment Schedule: The City may also consider full or partial restructuring of the UAL payment schedule (Fresh Start) to achieve one or more of the objectives above including preserving future financial flexibility or avoiding slow or negative amortization.
Pension Reserve: In a prudent effort to preserve financial liquidity and budget flexibility the City shall maintain a pension reserve within the constraints and limitations of this policy. The primary purpose of the reserve is to act as a "Pension Stabilization" fund acknowledging the CaIPERS investment portfolio is volatile, the funded status can swing dramatically from one year to the next and may result in future budgetary challenges.
Before executing any of the pension payment strategies and tactics above, careful consideration should be made so that the resulting transaction should not adversely impact the liquidity, budget flexibility and general operations of the City while maintaining the City's minimum general fund balance per the general fund policy.
Fixed (Closed) Amortization Periods: Consistent with GFOA recommendations CaIPERS uses a closed amortization period based on fixed periods, meaning the timeframe over which the liability is to be paid off doesn't change with time. This contrasts with open amortization periods, which reset, potentially extending the payoff indefinitely.
Amortization Period Length: Consistent with GFOA recommendations the period should not exceed 25 years, with a preference for 15-20 years. This range is considered optimal for balancing the need to pay off liabilities in a reasonable timeframe without causing excessive short-term financial strain.
Layered Amortization Approach: Consistent with GFOA recommendations CaIPERS uses a layered amortization approach which involves separately tracking and amortizing different components of the unfunded liability as they arise. By treating each component (such as changes in actuarial assumptions, benefit changes, or investment gains/losses) separately, the plan can more accurately align costs with the causes of unfunded liabilities. This approach can lead to more transparent and manageable funding strategies.
Balancing Goals of Rapid UAL Amortization (Paydown):
• Demographic Matching: This refers to equitably allocating the cost of the pension liabilities among different generations. The idea is to ensure that each generation pays its fair share of the pension costs without unduly burdening future generations.
• Volatility Management: This aims to maintain funding at a stable, predictable level, typically as a consistent percentage of payroll. This helps in budgeting and financial planning for the pension plan.
Pension Funding Policy Discussion
BEAUMONT
-C A L I F O R N I A-
Beaumont, CA
•
•
PagOdkof 58%t
Insignls ;o your linaccial future
GFOA Recommends Governments Rethink Their
Reserves 4I.
0 Government Finance Officers' Association (GFOA)
GFOA has found that framing the reserves explicitly as a risk management tool and linking the reserve to concrete risks that decision -makers can appreciate is a great way to communicate why reserves are important.
Develop a Risk -Aware Reserves Policy
• Express your reserves policy as a range of desired reserves, with a floor and a ceiling. • Conduct a risk analysis to get a sense of how the risks you face impact the reserves you should hold. • Quantification of risk offers important advantages over subjective approaches. • A chance -based simulation is better; it is how insurance companies conduct their analysis.
Recommended Pension Funding Policy
401k
NO
1. Refine Pension Funding Policy to include Pension Volatility Reserve (115 Trust) and assets with CaIPERS
2. Consider minimum and maximum target balances
3. Consider funded status triggers to guide staff and future Councils to increase or decrease discretionary pension funding
Pension Funding Policy
4I.
NO
• Documents Pension Management Goals
• Demonstrates Council Intent to Fulfill Promised Benefit • Demonstrates Long-term Fiscal Discipline
• Reassures Council commitment to Creditors, Staff & Stakeholders • Provide General Roadmap for Staff and Future Councils • Identifies Transparency and Governance Procedures
How Should Uncertainty be Addressed by Policy 0
Unprecedented
Market Dynamics
Source:
A. Ca1PERS
Correlated
Asset
Classes
Disruptive
Tech
Rising
Rates
Asset
Valuations
Market
Volatility
Talent
Competition
Climate Funding
Change Shortfall
High
Inflation
Geopolitics
5 2 years
1 2'
3'
4'
5'r
71h
8 10"
Global Risk Survey
Misinformation and disinformation
Extreme weather events
Societal polarization
Cyber insecurity
Interstate armed conflict
Lack of economic opportunity
Inflation
10 years
3 4
Involuntary migration 1 11M
Economic downturn
f)•
9 10
Extreme weather events
a
Critical change to Earth systems
Biodiversity loss and ecosystem collapse
Natural resource shortages
Misinformation and disinformation
Adverse outcomes of Al technologies
Involuntary migration
Societal polarization
Pollution
In partnership with MarshDIAGbannan and Zurich Insurance Group 6 Geopolitical Present Threat to Global Growth
401k
NO
Biggest potential risks to global economic growth, next 12 months,' % of respondents Q Geopolitical instability
and/or conflicts
Q Slowdown in China's
economic activity2
Q Volatile energy prices
Q Inflation
Q Transitions of political
leadership
. . t ni-, ec. 9092.
Page516of58
McKinsey
& Company
7 Historical Factors Impacting Funded Status
401k
NO
Challenge Yourself to Look Beyond What You See Today
140%
120%
100%
80%
60%
40%
20%
Funded ratio (%)
- 96%
Actuarial Iiabili
128%
119%
ies ($)
Assets ($)
•
1993 1994 1995 1996 1997
1993-2000
Strong economy
Source: CaIPERS
1998 1999 2000 2001 2002
87%
101%
61% 76%
'003 2004 2005 2006 2007 2008 2009
SB400
AB616
Dot.com crash
LDiscount
rate lowered
2010 2011 2012
2007-2009
Great Recession
'5-tl' U1'58O
—70%
1 2013 2014 2015 2016
• Increased 'r
life
expectancies
PEPRA law
Discount
rate lowered
7.75% — 7.5%
2017
$500B
$400B
$300B
$200B
$100B
REV 09.20173
Additional
$6 billion
from State
Discount
rate lowered
7.5%-7%
8 CaIPERS Historical Investment Returns
401k
NO
40.0%
35.0%
30.0%
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%
-5.0%
35.4%
24.6%
15.7%
13.8% i `97%
12.5%
14.5%
20.1%
16.3% 19.5%
12.5%
15.3%
10%Z/0
16.6%
19.1%
11.8%
12.3%
21.7%
13.3%
18.4%
18.4%
3.9%
11 2.0%
10. Imr
• ,3.7%
- 10.0%-3.1%
- 15.0%
- 20.0%
- 25.0%
- 30.0%
u�
-7.2%
1 Dot Com Crash'
IGreat Recession
rr
♦
-6.1%
-5.1%
21.3%
11.2%
8.6%
6.7%
11 -24.0%
11 u
-6.1%
- if l0 N. CO al 0 %-I N CO r i l0 N. 00 CT) 0 %-I NI CO U1 lD N. 00 Ql 0 -I N M Li") l0 N 00 ca) 0 -I N M 00 00 00 00 00 00 61 0l 01 Cr) 61 0l 01 Cr) 61 01 0 0 0 0 0 0 0 0 0 0 r-1 N N N N 01 Cr) 01 01 01 01 01 0 01 a> 01 CT 01 a> 01 01 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I r -I c -I c I I r -I c -I I I r -I c -I I - I r -I c -I I - Ni N N N N N N N N N N N N N N N N N N N N N N N L -I Actual Return
Plan Year Ending June 30
Discount Rate - - -5 per. Mov. Avg. (Actual Return)
Compound Annual Rates of Return through June 30, 2023
1 Year
5 Year
10 Year
20 Year
30 Year
Compound Annual Return
5.8%
6.1%
7.1%
7.0%
7.5%
9 Components of Required Employer Contribution 0
Normal Cost
(Service Cost)
Normal Cost — the cost for current
service paid as a percent of payroll.
Increases when payroll increases,
decreases when payroll decreases
Relatively stable — Generally
expected to grow with payroll
Unfunded
Actuarial
Liability (UAL)
Amortization
Payment
UAL Contribution — payment
toward past service. Paid as a
fixed dollar amount each year.
Volatile - Pension assets and resulting
funded status are at the whim of the
markets
Total
Minimum
Required
Employer
Contribution
Funded Status Trend
401k
NO
Fiscal Year End (FYE) 2020 2021 2022 2023
Accrued Liability (AL) $90,442,292 $103,480,939 $110,441,965 $121,620,376 Market Value of Assets (MVA) $68,431,486 $90,339,743 $82,987,384 $90,220,049 §115 Pension Trust Balance $2,344,101 $2,529,271
Unfunded Accrued Liability (UAL) $22,010,806 $13,141,196 $25,110,480 $28,871,056 Funded Status 75.66% 87.30% 77.26% 76.26%
Invest Return
Assumption 7.00% 7.00% 6.80% 6.80%
Actual 5.0% 22.4 -7.5% 6.00%
Experience Gain(Loss) -2.00% 15.4% -14.3% -.70%
11 Impact on Annual Amortization Payment
401k
NO
S3M
S2.SM
S2
S1.St.
S1M
SSOOK
s0
2021 Results
Q S1.42M
es-
02"�
Se��
a
, �-
,00\
N. •
•
•
•
*c.• -•
°�'e •"
Nis m, an - —
-▪ gib
- -
30-31
2022 Results
Q $2.97M
•
•
•
•
•
•
•
• •
•
..
..
• •
• %•
•
Fiscal Year Ending June 30
2023 5.8% Returns
(current)
Q$3.08M
12 2022 Investment Loss Amortization
401k
NO
Bud
FY
SJen OT JOJ Pled IbPPUIJd ON
Loss Yr
1 24-25 1
2 25-26 2
3 26-27 3
4 27-28 4
5 28-29 5
6'29-30 6
7'30-31 7
8'31-32 8
9 32-33 9
10 33-34 10
11'34-35 11
12'35-36 12
13 36-37 13
14'37-38 14
15'38-39 15
r
1639-40 16
17'40-41 17
18'41-42 18
19 42-43 19
20 43-44 20
Option A - Default
Level $ 5Yr Ramp Up
Start Paying in 24-25
20 Balance
Payment
$ -
$ 12,942,930
$ 13,823,049
$ 14,763,017 1
$ 317,327
$ :5A38,96z.
$ 634,653
S :5,8 2,937 $ 951,980
$ 1,269,306
$ 15,696,961 $ 1,586,633
$ 15,124,663 $ 1,586,633
$ 14,513,449 $ 1,586,633
$ 13,860,673 $ 1,586,633
$ 13,163,508
$ 1,586,633
$ 12,418,935
$ 1,586,633
$ 11,623,732
$ 1,586,633
$ 10,774,454
$ 1,586,633
$ 9,867,426
$ 1,586,633
$ 8,898,720
$ 1,586,633
$ 7,864,142
$ 1,586,633
$ 6,759,213
$ 1,586,633
$ 5,579,149
$ 1,586,633
$ 4,318,840
$ 1,586,633
$ 2,972,830
$ 1,586,633
$ 1,535,291 $ 1,586,633
$18,000,000
$16,000,000
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$ 6,000,000
$4,000,000
$ 2,000,000 1
$-
Investment Experience Loss Negatively Amortizes by 23%
$15,925,762
$0 Principal Paid for More Than 10 Years
Principal Payments $32,068,677
Interest Cost $38,692,872
Total Payments $70,761,549
7-Yr Easv Pmt Plan
Loss Yr 1 2 3 4 5 6 7 8 9 10 11 1
Repayment Term
16 17 18 19 20
Payment Total
Interest Cost
Payment Savings
$ 28,559,387
$ 15,616,457
NA
Reduce InteregM5gt5 f lg/ to 24% by Starting Early and Bi-passing Ramp 13 Pension Management Tools
4I.
NO
• Additional Discretionary Payments
• Near -term Savings
• Long-term Savings
• Full or Partial Restructuring of UAL Payment Schedule • Pension Volatility Reserve
• Internal Reserve (Substantial Increase in Fixed Income Yields Over Last Yr.) • S115 Trust (Higher Potential Long-term Returns; Short Term Volatility) • Pension Funding and Reserve Policies
Pension Management Goals
401k
NO
Maximize Principal and
Payment Reduction
Regular
Review,
Transparent
Disclosures
Solvency
0 Preservation of
Liquidity & Budget
Flexibility
Governance
Adequate Reserves and
Continuity of Service to Citizenry
Strategic
Maximize Interest
Savings
15 Balancing and Applying Financial Resources
4I.
NO
Objectives with Potentially Opposing Priorities:
1. Funding Long -Term Obligations
2. Meeting Current Service Needs
3. Cost Matching Principle
4. Volatility Management
5. Cash Flow Matching and Volatility Management
6. Interest Savings
Goals of Policy Parameters
4I.
NO
1) Purpose of Min Max Targets
a) Establish Minimum Pension Reserve Goal to Preserve Financial Flexibility b) Establish Maximum Pension Reserve Goal to Balance Needs of Community while Mitigating Funding Risk
c) Empower Staff to Reduce Pension Interest Costs with Funds Between Minimum and Maximum Targets
2) Establish Funding Guidelines to Achieve Goals of the Policy
Sample Proposed Policy Parameter
Pension Accrued Liability (AL)
Recommended Funded Status Guidelines
Pension Reserve (115 Trust)
Assets with CaIPERS
Combined Funded Status
Funding Guidelines*
If greater than 90% funded status
If greater than 75% but less than 90%
If less than 75% but greater than 65%
If less than 65% of
Recommended Policy
%of(AL)
Target
Max
Min.
3%
20%
70%
90%
90%
110%**
Minimum
Contribution
Policy
ADC +.25% AL
ADC + .50% AL
ADC + .75% of AL
ADC +1%of AL
based on
Recommended Targets based On
Current (AL) $120 M
($ For Illustration Purposes)
Target Min.
Max
$3,600,000
$24,000,000
$84,000,000
$108,000,000
$108,000,000
$132,000,000**
Minimum Contribution Guidelines
($ For Illustration Purposes)
$300,000
$600,000
$900,000
$1,200,000
*Actuarial Determined Contribution (ADC) is the minimum required employer contribution. Additional contribution may be directed to increase to the City's 115 Pension Trust or to direct contribution to CaIPERS provided the contribution would not foreseeably result in a funded status greater than 90% at CoIgE�S527 of 580 401k
NO
**Funds in excess of combined funded status guidelines shall be used to make the minimum required employer contributions (ADC). 18 Recommendations
4I.
NO
• Finance and Audit Committee Reviewed January 22, 2024 • Recommended Policy be adopted by City Council
Staff Report Recommendations
1) Adopt Policy as Drafted or;
2) Recommend Revisions
19 Reference
0 Govinvest
The Financial Forecasting Authority
Pmt Yr
1 2025
r
2 2026
3 2028
4 2029
5 2031
Hypothetical Funding Loss
Level $ 5Yr Ramp Up
Funding
Loss
Total
$ 647,258
$ 1,294,517
$ 1,941,775
$ 2,589,034
$ 3,236,292
Hypothetical
Loss Balance
20 Payment
$ 26,400,000
$ 28,195,200
$ 30,112,474
$ 31,491,219
$ 32,294,815
$ 32,484,152
$ 32,017,462
Initial loss
Loss Repayment
-22.00%
Est. UAL Pmt
$ 647,258
$ 1,294,517
$ 1,941,775
$ 2,589,034
$ 3,236,292
AL
Target 115 Bal.
1 % of AL
$ 120,000,000
$ 1,941,775
2 Yrs. 1.6%
$ 3,883,550
3 Yrs.
3.2%
$ 9,708,876
5 Yrs.
8.1%
21 Disclaimer
While tested against actuarial valuation results, the software results will not necessarily match actuarial valuation results, as no two actuarial models are identical. The software offers financially sound projections and analysis; however, outputs do not guarantee compliance with standards under the Government Accounting Standards Board or Generally Accepted Accounting Principles. The software and this presentation are not prepared in accordance with standards as promulgated by the American Academy of Actuaries, nor do outputs or this presentation constitute Statements of Actuarial Opinion. Govinvest has used census data, plan provisions, and actuarial assumptions provided by Customer and/or Customer's actuary to develop the software for Customer. Govinvest has relied on this information without audit. !0lo vi§gtt
NOP Insights to your financial future
22 BEAUMONT
- C !� 1 1 0 R "1 A
Staff Report
TO: City Council
FROM: Elizabeth Gibbs, City Manager
DATE February 20, 2024
SUBJECT: Authorization to Purchase a Fire Squad Replacement Vehicle — Capital Improvement Project F-04
Description Purchase of a 2024 Ford 550 4x4 Diesel Crew Cab Chassis, 10 -foot paramedic squad, responder body vehicle to replace the current fire squad.
Background and Analysis:
The City of Beaumont owns a 2004 Ford F550 diesel engine fire squad unit assigned to Fire Station No. 66. This unit has approximately 82,000 miles on it and in the last four years, the City has spent $86,000 on maintenance repairs of this vehicle. Additionally, Ford no longer supports the electrical control modules for this model and parts are difficult to source.
City staff and CalFire both agree that this vehicle has long since exhausted its operational life and replacement is necessary to ensure the continued effectiveness of our firefighting and emergency response capabilities.
The existing fire squad vehicle has been in service for over two decades and its maintenance costs have increased significantly over the past few years. The vehicle has experienced repeated breakdowns, leading to operational inefficiencies and potential risks to our firefighters and the community.
To address these challenges and maintain a high standard of emergency response services, City staff and CalFire have conducted a thorough assessment of replacement options. CalFire and the County of Riverside have identified a suitable replacement vehicle which meets or exceeds all required specifications and safety standards.
Beaumont Municipal Code Chapter 3.01.110 Exceptions to competitive bidding on non- public projects states in part, "Competitive Bidding Already Completed. When the Authorized Contracting Party determines that a competitive bid procedure has been conducted by another public agency (e.g. through CMAS or GSA) and the price to the City is equal to or better than the price to that public agency."
In this case, the County of Riverside has provided a quote from Ward Apparatus using the Houston -Galveston Area Council (HGAC) cooperative (Attachments A and B).
The cost for the purchase of the replacement fire squad vehicle is $278,626.07 (Attachment A). This includes the base cost of the vehicle, necessary customization, one inspection trip to New York for two individuals including transportation, meals, and lodging, as well as any additional equipment required for optimal performance. County of Riverside vehicle maintenance staff will make the trip to New York for an in-depth inspection during the vehicle build process. The warranty provided includes one-year bumper to bumper and a ten-year structural warranty.
Funding for this purchase has been allocated in the City's capital improvement plan amendment adopted at the January 16, 2024, meeting.
Fiscal Impact:
Capital Improvement Project F-04 has $400,000 in general fund monies programmed for this purchase.
Project Accounting Summary
Funding Summary
Funding Year
Funding Source
Amount
23/24
General Fund
$400,000
Total Project Funding = $400,000
Budget Summary
Project Component
Budget
Encumbered
Paid to
Date
Remaining
Budget
Project Management
Preliminary Services
Environmental
Design
Construction
Construction Management
Permits
Equipment
$0
$0
$0
$0
$0
$0
$0
$400,000
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$400,000
Project Summary Totals
$400,000
$0
$0
$400,000
The estimated cost to prepare this report is $740.
Recommended Action:
Authorize the purchase of a 2024 Ford 550 4x4 Diesel Crew Cab Chassis, 10 -foot paramedic squad, responder body vehicle to replace the current fire squad; and Authorize staff to issue a purchase order in an amount not to exceed $278,626.07 to the County of Riverside; and
Authorize the City Manager to approve any change orders in a not -to -exceed amount of $27,863.
Attachments:
A. Ward Apparatus Quote 24-113
B. HGAC Master Agreement
Quoted By:
Ward Apparatus
1250 Schweizer Road
Horseheads, NY 14845
Quoted To:
Jose Gallardo
Riverside County Fire Department
•WARDA
QUOTE
DATE: 2/8/2024
QUOTE: 24-113
FOR: Riverside, Beaumont
DESCRIPTION
FOR QUANTITY ONE (1)
2024 Factory Order Ford 550 4x4 Diesel Crew Cab Chassis, Includes Handling 10' Paramedic Squad, Responder Body
$ 72,297.00
$ 167,216.75
Complete Vehicle
California State, Riverside County, Local Sales Tax @ 7.75% Inspection Trip; Two (2) individuals, one (1) trip, Includes Air Transport, Meals, & Lodging Delivery
HGAC FS12-19 Fee, Base Model FS19QD02 10' Walk Around Rescue Vehicle Cleaning at Time of Delivery
EQUIPMENT MOUNTING ALLOWANCE:
Allowance for the mounting of department equipment/tools or other related equipment prior to the vehicle being placed into service. This work to be completed either by Ward Apparatus or a 3rd party as approved by the customer/Ward Apparatus. Final amount to be determined based on customer details submitted, credit may apply. Includes State & Local Taxes. $ 239,513.75
$ 18,562.32
$ 3,200.00
$ 6,000.00
$ 1,000.00
$ 350.00
$ 10,000.00
Total one (1) Unit
* Delivery approximately 120 days from chassis receipt
$ 278,626.07
Quote valid for 30 days. Pricing subject to change relative to current metal market volatility/vendor supply. 1250 Schweizer Road
Horseheads, NY 14845
607-796-0149 - Phone
607-739-7092 - Fax
DocuSign Envelope ID: 738940A1-55AD-425E-B066-CCB7C342E419 H-GAC
Houston -Galveston Area Council
P.O. Box 22777 • 3555 Timmons • Houston, Texas 77227-2777 Cooperative Agreement - Contract - Ward Apparatus, LLC - Public Services - ID: 11571 - - FS12-23
MASTER GENERAL PROVISIONS
This Master Agreement is made and entered into, by and between the Houston -Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and Scott Beecher, dba Ward Apparatus, LLC hereinafter referred to as the Contractor, having its principal place of business at 1250 Schweizer Road, Horseheads, NY 14845.
WITNESSETH:
WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Master Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Master Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Master Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Master Agreement and bind the Contractor to the terms of this Master Agreement and any subsequent amendments hereto.
ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Master Agreement in accordance with all federal laws, executive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Master Agreement, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.
ARTICLE 3: PUBLIC INFORMATION
Except as stated below, all materials submitted to H-GAC, including any attachments, appendices, or other information submitted as a part of a submission or Master Agreement, are considered public information, and become the property of H-GAC upon submission and may be reprinted, published, or distributed in any manner by H-GAC according to open records laws, requirements of the US Department of Labor and the State of Texas, and H-GAC policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the Texas Public Information Act, it shall so; however, the determination of the Texas Attorney General as to whether such information must be disclosed upon a public request shall be binding on the Contractor. H-GAC will request such a determination only if Contractor bears all costs for preparation of the submission. H-GAC is not responsible for the return of creative examples of work submitted. H-GAC will not be held accountable if material from submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any time during the evaluation process.
ARTICLE 4: INDEPENDENT CONTRACTOR
The execution of this Master Agreement and the rendering of services prescribed by this Master Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Master Agreement or act of H- GAC in performance of the Master Agreement shall be construed as making the Contractor the agent, servant, or employee of H-GAC, the State of Texas, or the United States Government. Employees of the Contractor are