Beaumont City Council
March 19, 2024

General Plan Policy
Applicability
would be required by Riverside County Ordinance No. 348, Section 21.32a, to maintain adequate emergency access for emergency vehicles on site. In addition, the Project site design provides for adequate egress in case of emergency evacuation.

As discussed in Section 4.9, Hazards and Hazardous
Materials, and Section 4.20, Wildfire, the Project would not impair implementation of, or physically interfere with an adopted emergency response plan or emergency evacuation plan. Therefore, the Project would not conflict with General Plan Policy 9.4.5.

Goal 9.5: A City with enhanced fire and emergency response services.

Policy 9.5.5: Coordinate with the
Beaumont -Cherry Valley Water District to
ensure that water pressure for existing and
future developed areas is adequate for
firefighting purposes.

No Conflict. As discussed in Section 4.20, Wildfire, the Project would result in the installation of on -site fire hydrants, that are designed in accordance with the Riverside County Fire
Department standards in coordination with Beaumont -Cherry Valley Water District. The internal waterlines are anticipated to supply sufficient fire flows and pressure to meet the demands required for on -site fire hydrants. Therefore, the Project would not conflict with General Plan Policy 9.5.5.

Goal 9.6: A City that protects human life, land, and property from the effects of wildland fire hazards.

Policy 9.6.3: Ensure that development in
Very High Fire Hazard Severity Zones
minimizes the risks of wildfire through
planning and design of structures in
accordance with the California Building
Code Chapter 7A. Ensure adequate
provisions for vegetation management,
emergency access, and firefighting.

No Conflict. As discussed in Section 4.20, Wildfire, the Project site is designated within a Very High Fire Hazard Severity Zone (VHFHSZ) and High Fire Hazard Severity Zone within an SRA by the Riverside County General Plan and CalFire. The Project would implement on -site defensible space (fuel modification area [FMA] and fuel maintenance zone), which would consist of asphalt roadways, parking stalls, loading zones, irrigated landscaping, and irrigated slope protecting landscaping to preclude wildfire impacts. Building materials will comply with any state building code requirements for buildings located in a Very High Fire Hazard Severity Zone and High Fire Hazard Severity Zone. Additionally, the Project would be required by the CBC and Beaumont Building Code to comply with the recommendations identified in the Project's Preliminary Geotechnical Investigation. Therefore, the Project would not conflict with General Plan Policy 9.6.3.

Policy 9.6.4: Require new development in
the High and Very High Fire Hazard
Severity Zones to develop a fire protection
and evacuation plan and ensure that the plan
includes adequate fire access to new
development.

No Conflict. As discussed in Section 4.20, Wildfire, the Project Fire Protection Plan was prepared that includes evacuation routes. The Project will provide a proactive educational component disclosing the potential wildfire risk and the requirements identified in the Project's Fire Protection Plan for Project businesses and occupants. This educational information must include maintaining the landscape and structural
component according to the appropriate standards and
embracing a "Ready, Set, Go!" stance on evacuation.

Therefore, the Project would not conflict with General Plan Policy 9.6.4.

General Plan Policy
Applicability
Policy 9.6.6: Require property owners to
clear brush and high fuel vegetation and
maintain fire -safe zones (a minimum
distance of 30 feet from the structure of to
the property line, whichever is closer) to
reduce the risk of fires. For structures
located within the Very High Fire Hazard
Severity Zone, the required brush distance
is up to 200 feet from structures up to their
property line.

No Conflict. As discussed in Section 4.20, Wildfire, the Project would provide a fuel maintenance zone with 20 feet of irrigated vegetation around the perimeter of the Project site and a 100 - foot FMA of paved surface and/or irrigated landscape.

Therefore, the Project would not conflict with General Plan Policy 9.6.6.

Policy 9.6.7: Continue to enforce the weed
abatement ordinance to mitigate potential
fire hazard risks.

No Conflict. The Project would be required to comply with the weed abatement ordinance to reduce wildfire impacts.

Therefore, the Project would not conflict with General Plan Policy 9.6.7.

Policy 9.6.8: Require that developments
located in wildland interface areas
incorporate and enforce standards for
construction, including a fuel modification
program (i.e., brush clearance, planting of
fire -retardant vegetation) to reduce the
threat of wildfires.

No Conflict. As discussed in Section 4.20, Wildfire, the Project would incorporate FMA and fuel maintenance zone, which
would consist of asphalt roadways, parking stalls, loading zones, irrigated landscaping, and irrigated slope protecting landscaping. Vegetation management would also be
implemented as interim fuel management area throughout the construction phases for each structure as there may be a period if one or more years where developing phases are exposed on multiple sides to wildland fuels. Therefore, the Project would not conflict with General Plan Policy 9.6.8.

Goal 9.7: A City that protects safety of human life, land, and property from the effects of earthquakes and geotechnical hazards.

Policy 9.7.1: As new versions of the
California Building Code (CCR Title 24,
published triennially) are released, adopt
and enforce the most recent codes that
contain the most recent seismic
requirements for structural design of new
development and redevelopment to
minimize damage from earthquakes and
other geologic activity.

No Conflict. As required in Regulatory Requirement RR 7-1, the Project shall comply with CBSC (Chapter 18) (adopted by the City of Beaumont as Municipal Code Section Chapter

15.04.010) and Municipal Code Section 17.11.040, which
requires development projects to evaluate and identify site - specific geologic and seismic conditions, and seismic
requirements for structural design. Therefore, the Project would not conflict with General Plan Policy 9.7.1.

Policy 9.7.5: Ensure that Building and
Safety agencies include thorough plan
checks and inspections of structures
vulnerable to seismic activity, fire risk, and
flood hazards. Additionally, recommend
the periodic observation of construction by
design professionals.

No Conflict. According to RCIT and FEMA, the Project site is within an area of minimal flooding (RCIT, 2021; FEMA,
2014). As further discussed under Threshold c of EIR Section

4.10, Hydrology and Water Quality, the Project would maintain a similar drainage pattern as compared to existing conditions.

It should be noted that the overall development pad would be elevated by the proposed design grading to be situated above local drainage courses. As such, the risk of flooding is low. As discussed in Section 4.7, Geology and Soils, grading plan review is required to verify that the geotechnical requirements are updated specific to the detailed rough grading plans. Future development accommodated by the Specific Plan would be

General Plan Policy
Applicability
required to have site -specific geotechnical investigation reports prepared by the Project applicant's/developer's geotechnical consultant, in accordance with the CBC and Beaumont
Municipal Code Section 17.1.040. The geotechnical
investigations would determine seismic design parameters for the site and the proposed building type per CBC requirements. mandatory compliance with the recommendations contained within the Project site's Geotechnical Report (as required by the CBSC, Beaumont Building Code, and conditions of
approval) would ensure that the Project is engineered and constructed to minimize seismic activity, fire risk, and flood hazards. Moreover, all structures would be protected by an automatic, internal fire sprinkler system. Fire sprinkler systems shall be in accordance with RCFD and National Fire Protection Association (NFPA) Standard 13. Fire sprinkler plans for each structure would be submitted and reviewed by RCFD for
compliance with the applicable fire and life safety regulations, codes, and ordinances as well as the RCFD Fire Prevention Standards for fire protection systems. Therefore, the Project would not conflict with General Plan Policy 9.7.5.

Goal 9.9: A City that promotes preparedness related to the adverse effects of high winds common in the Pass area.

Policy 9.9.2: Require implementation of
best practices for dust control at all
excavation and grading projects.

No Conflict. The Project would be required to comply with South Coast AQMD Rule 403 (Fugitive Dust), which requires the implementation of best available dust control measures.

Therefore, the Project would not conflict with General Plan Policy 9.9.2.

Goal 9.10: A City that is prepared for the potential impacts of climate change.

Policy 9.10.2: Encourage new development
and redesign of existing buildings to take
steps to reduce the impacts of extreme heat
events, including:
• Design buildings to use less
mechanical heating and cooling
through use of passive solar
techniques.
• Support and incentivize, as
feasible, energy efficiency and
weatherization programs.
• Protect and expand the City's
urban tree canopy to provide
shade, increase carbon
sequestration, and purify the air.
• Provide shade structures in public
parks, outdoor playgrounds, and
bus shelters.

No Conflict. As discussed in Section 3.0, Project Description, of this EIR, the Project shall implement the County of
Riverside's 2019 Climate Action Plan (CAP) Screening Table Measures which include cool roofs, enhanced insulation, and energy efficient heating/cooling equipment, and on -site solar to provide 20% of the Projects energy requirements.

Additionally, as shown on Figure 3-14, Master Landscape Plan, streetscape landscaping presents a combination of evergreen and deciduous trees, low shrubs, and masses of groundcovers. Therefore, the Project would not conflict with General Plan Policy 9.10.2.

General Plan Policy
Applicability
Policy 9.10.3: Require enhanced water
conservation measures in new development
and redesign of existing buildings to
address the possibility of constrained future
water supplies, including:
• Compliance with existing
landscape water conservation
ordinance (Chapter 17.06 of the
Municipal Code).
• Use of water conservation
measures in new development
beyond current requirements.
• Installation of recycled water use
and graywater systems.

No Conflict. As disused in Section 4.19, Utilities and Service Systems, the Project would construct an on -site recycled water system. The Project would connect a proposed 14 -inch
recycled water line that would connect to the existing 14 -inch recycled water line within the adjacent Hidden Canyon
development at 4th Street. The Project will comply with CAP points for increased efficient use of water both inside the building and for landscaping irrigation. Additionally, the Project would be required to comply with Chapter 17.06 of the Municipal Code. Therefore, the Project would not conflict with General Plan Policy 9.10.3.

Goal 9.11: A City with minimized risk associated with hazardous materials.

Policy 9.11.2: Require an assessment of
hazardous materials use as part of
environmental review and/or include
approval of the development of a hazardous
management and disposal as a condition of
a project, subject to review by the County
Environmental Health Department.

No Conflict. A Phase I Environmental Site Assessment (ESA) was prepared for the Project by McAlister GeoScience
(GeoScience), which identified the Project site's potential to contain hazardous materials. The results of the Phase I ESA are provided in EIR Section 4.9, Hazards and Hazardous
Materials. Additionally, heavy equipment (e.g., dozers, excavators, tractors) would be operated on the Project site during construction. This heavy equipment likely would be fueled and maintained by petroleum -based substances such as diesel fuel, gasoline, oil, and hydraulic fluid, which are considered hazardous if improperly stored or handled. In addition, materials such as paints, adhesives, solvents, and other substances typically used in building construction would be located on the Project site during construction. These materials would not be in such quantities or stored in such a manner as to pose a significant safety hazard to on -site construction workers or the general public
Based on the facilities and uses that would be allowed at the Project site, hazardous materials (e.g., diesel fuel, lubricants, solvents, corrosives, toxic substances hazardous materials, etc.) could be used during the course of daily operations at the Project site. As concluded in Section 4.9, Hazards and
Hazardous Materials, of this EIR, with mandatory regulatory compliance, the Project would not pose a significant hazard to the public or the environment through the routine transport, use, storage, emission, or disposal of hazardous materials, nor would the Project increase the potential for accident conditions which could result in the release of hazardous materials into the environment. Therefore, the Project would not conflict with General Plan Policy 9.11.2.

Policy 9.11.5: Prohibit placement of
proposed new facilities that will be
involved in the production, use, storage,
No Conflict. As concluded in Section 4.9, Hazards and
Hazardous Materials, of this EIR, with mandatory regulatory compliance, the Project would not pose a significant hazard to

General Plan Policy
Applicability
transport, or disposal of hazardous
materials near existing sensitive land uses
(such as homes, schools, child-care centers,
nursing homes, senior housing, etc.), that
may be adversely affected by such
activities.
the public or the environment through the routine transport, use, storage, emission, or disposal of hazardous materials, nor would the Project increase the potential for accident conditions which could result in the release of hazardous materials into the environment. Therefore, the Project would not conflict with General Plan Policy 9.11.5.

Noise (Chapter 10)
Goal 10.1: A City where noise exposure is minimized for those living and working in the community.

Policy 10.1.4: Incorporate noise
considerations into land use planning
decisions. Require the inclusion of noise
mitigation measures, as may be necessary
to meet standards, in the design of new
development projects in the City.

No Conflict. As discussed in Section 4.13, Noise, Project traffic noise would exceed the City's applicable significance threshold. The Project would result in a significant impact from traffic noise during Existing (2020) plus Project conditions, Opening Year (2023 and 2027) plus Project Conditions, and Horizon Year (2045) Plus Project Conditions for three roadway segments (#4, #5, and #6). Under Opening Year (2025) plus Project Conditions, the Project would result in a significant impact for one roadway segment (segment #6). Therefore, the Project -related off -site traffic noise level increases at adjacent noise -sensitive land uses are considered a significant impact.

Segments #4, #5, and #6 are located in industrial areas and are not located immediately adjacent to any noise sensitive land uses. This is consistent with the City's General Plan EIR that determined that buildout of the City's General Plan could result in new vehicular traffic which could exceed the FHWA
thresholds, and could substantially increase the ambient noise levels in the City and its SOI. The City's General Plan recognizes that an increase in noise levels will occur in industrial areas due to truck traffic. The City's General Plan goals and policies, therefore, are focused on protecting noise sensitive receptors from road noise, while encouraging timely and efficient goods movement that does not significantly contribute to noise in the City.

The Project's construction and operational (stationary) noise impacts would be less than significant. Therefore, the Project would not conflict with General Plan Policy 10.1.4.

Policy 10.1.5: Require project involving
new development or modifications to
existing development to implement
measures, where necessary, to reduce noise
levels to at least the normally compatible
range. Design measures should focus on
architectural features and building design
and construction, rather than site design
features, such as excessive setbacks, berms,
and sound walls, to maintain compatibility
with adjacent and surrounding uses.

No Conflict. As discussed in Section 4.13, Noise, the Project's construction and operational (stationary) noise impacts would be less than significant. Therefore, the Project would not conflict with General Plan Policy 10.1.5.

General Plan Policy
Applicability
Policy 10.1.6: Encourage reduction of
stationary noise impacts from commercial
and industrial land uses, activities, events,
and businesses on noise -sensitive land uses.

No Conflict. As discussed in Section 4.13, Noise, the Project's operational (stationary) noise impacts would be less than significant. Project stationary noise would not expose nearby receivers to unacceptable daytime or nighttime noise levels during Project buildout. Therefore, the Project would not conflict with General Plan Policy 10.1.6.

Goal 10.2: A City with minimal mobile source -generated noise levels.

Policy 10.2.3: Prohibit truck routes through
neighborhoods with sensitive receptors,
where feasible.

No Conflict. See Project Consistency response to General Plan Policy 3.10.4. Due to the Project site's proximity to SR -60, trucks accessing the Project site would efficiently reach the State highway system to facilitate the movement of goods throughout the region. The Project does not propose any truck routes in proximity to sensitive receptors. As such, the Project would not conflict with General Plan Policy 10.2.3.

Land Use (Chapter 11)
Goal 11.12: Encourage development to be efficient in the use of non-renewable resources, including water, energy, and air quality.

Policy 11.12.1: Promote the use of energy
and water conservation technologies and
practices.

Policy 11.12.3: Consider sustainable
development practices that reduce energy
and water demand.

No Conflict. The Project proposes conventional industrial uses reflecting contemporary energy efficient/energy conserving designs and operational programs. Energy efficiency/energy conservation attributes of the Project would be complemented by increasingly stringent State and federal regulatory actions addressing vehicle fuel economies and vehicle emissions standards; and enhanced building/utilities energy efficiencies mandated under California building codes (e.g., Title 24, California Green Building Standards Code). The Project would comply with Title 24 of the California Code of Regulations and proposes conventional industrial uses reflecting contemporary energy efficient/energy conserving designs and operational programs. Uses proposed by the Project are not inherently energy intensive, and the Project energy demands in total would be comparable to, or less than, other industrial projects of similar scale and configuration.

As disused in Section 4.19, Utilities and Service Systems, the Project would construct an on -site recycled water system. The Project would connect a proposed 14 -inch recycled water line that would connect to the existing 14 -inch recycled water line within the adjacent Hidden Canyon development at 4th Street.

Therefore, the Project would not conflict with General Plan Policies 1.12.1 and 11.12.3.

Policy 11.12.4: Ensure that new
development does not result in wind and
solar access impacts.

No Conflict. As shown in Table 4.8-6, 20% of the Project's energy consumption would be from solar consistent with the CAP requirement. Furthermore, the Project's architecture would include skylights and clerestory windows to allow for increased use of passive solar design and day -lighted in new structures. Therefore, the Project would not conflict with General Plan Policy 11.12.4.

General Plan Policy
Applicability
Policy 11.12.6: Improve air quality through
No Conflict. The Project includes installation of sidewalks improved walkability, reduced vehicular
along the Project site's frontage with Jack Rabbit Trail and 4th use and enhanced non- vehicular travel.

Street and along Industrial Way, a proposed private road located along the north side of the proposed industrial buildings. The Project Applicant proposes curb adjacent sidewalks and pedestrian paths to encourage and enhance pedestrian activity throughout the Project site. Additionally, the Project would include the installation of bicycle racks and lockers at each of the proposed light industrial buildings.

Therefore, the Project would not conflict with General Plan Policy 11.12.6.

RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,

CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT

FOR THE BEAUMONT POINTE PROJECT, INCLUDING THE BEAUMONT POINTE SPECIFIC PLAN, AND GENERAL PLAN AMENDMENT; PRE -ZONING AND ANNEXATION; ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND ADOPTING A

STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION

MONITORING AND REPORTING PROGRAM
WHEREAS, the Beaumont Pointe project has been proposed to the City of Beaumont, including the Beaumont Pointe Specific Plan (the "BPSP"), General Plan Amendment, Parcel Map and Development Agreement and Final Environmental Impact Report; and WHEREAS, the Project includes approximately four million nine hundred and ninety five (4,995,000) square feet of industrial and warehouse uses, two hundred and fifty one thousand (251,000) square feet of general commercial including a 125 -room hotel, and one hundred and thirty six point five (136.5) acres of recreation and conservation land, and one hundred and ninety six point six (196.6) acres of conservation land on approximately six hundred and twenty two point five (622.5) acres; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Res. Code, §§ 21000 et seq.) ("CEQA"), and the State CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et seq.) the City determined that an Environmental Impact Report ("EIR") should be prepared pursuant to CEQA in order to analyze all potential adverse environmental impacts of the Project; and WHEREAS, the City issued a Notice of Preparation ("NOP") of a Draft EIR on or about September 6, 2020 and circulated the NOP until October 6, 2020; and WHEREAS, the City solicited comments from potential responsible agencies; and WHEREAS, the City received written and verbal comments in response to the NOP, which assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR; and WHEREAS, on or about December 22, 2022, the City initiated a forty five (48) day public review period by filing a Notice of Completion and Availability with the State Office of Planning and Research and releasing the Draft EIR (the "Draft EIR") for public review and comment; and
WHEREAS, the City also provided a Notice of Completion and Availability to all organizations and individuals who had previously requested such notice, and published the Notice of Completion in a newspaper of general circulation in the Project area on or about December 22, 2022. The Notice of Completion was also mailed to all residents and property owners within three hundred (300)

feet of the Project. Copies of the original Draft EIR were provided to interested public agencies, organizations and individuals. Copies of the original Draft EIR were available at the City's Planning Department, on the City's website at: https://www.beaumontca.gov/1143/Beaumont-Pointe- Specific-Plan, and at the City's public library, and free copies were available to the public; and WHEREAS, pursuant to State CEQA Guidelines section 15086, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies, and others during the forty eight (48) day comment period; and
WHEREAS, the City Planning Commission held a public hearing on the Project on November 29, 2023 and continued the item to the January 10, 2024 Planning Commission agenda to consider the following entitlements: General Plan Amendment (PLAN2019-0284), Pre -Zoning the Property to specific plan (PLAN2019-0283); Beaumont Pointe Specific Plan (SP2019-0003); Beaumont Pointe Sign Program (PLAN2022-0856); (g) Vesting Tentative Parcel Map No. 38161 (PM2022-0014); Minor Amendment to the Western Riverside County Multiple Species Habitat Conservation Plan; and certification of Final Environmental Impact Report No. SCH No. 2020099007 ("FEIR"), (collectively the "Entitlements"); and WHEREAS, the City Planning Commission held a continued public hearing on the Project and the Entitlements on January 10, 2024; and
WHEREAS, the City prepared the Final Revised EIR (the "FEIR") and, pursuant to Public Resources Code section 21092.5, the City provided copies of the FEIR to all commenting agencies and persons requesting copies of the responses; and
WHEREAS, the City supplemented the FEIR with a Supplemental CEQA Memorandum prepared by T&B Planning, Inc. dated March 4, 2024 to analyze certain recommendations of the Planning Commission which were incorporated into the Project.

WHEREAS, the City Council of the City of Beaumont (the "City Council"), at its regularly scheduled public meeting on March 19, 2024, held a public hearing on the Project and the Entitlements; and
WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the Project and the Entitlements; and
WHEREAS, all the requirements of CEQA and the State CEQA Guidelines have been satisfied by the City in the EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project have been adequately evaluated; and WHEREAS, the EIR prepared in connection with the Project sufficiently analyzes both the feasible Mitigation Measures necessary to avoid or substantially lessen the Project's potential environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects while feasibly attaining most of the basic objectives of the Project in accordance with CEQA and the State CEQA Guidelines; and
WHEREAS, all of the findings and conclusions made by the City Council pursuant to this Resolution, in the Final EIR as supplemented and in the accompanying staff report, all of which are

incorporated herein by this reference are based upon the oral and written evidence presented to it as a whole and not based solely on the information provided in this Resolution; and WHEREAS, environmental impacts identified in the Final EIR which the City finds are less than significant and do not require mitigation are described in the FEIR, a copy of which is attached hereto and incorporated herein as Exhibit "A"; and
WHEREAS, environmental impacts are identified in the FEIR as potentially significant but which the City finds can be mitigated to a level of less than significant, through the imposition of feasible Mitigation Measures identified in the FEIR; and
WHEREAS, environmental impacts identified in the FEIR as potentially significant but which the City finds cannot be fully mitigated to a level of less than significant, despite the imposition of all feasible Mitigation Measures are identified in the FEIR; and WHEREAS, alternatives to the Project that might eliminate or reduce significant environmental impacts are described in the FEIR; and
WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including the FEIR, the Findings and Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the FEIR and the Findings and Statement of Overriding Considerations reflects the independent judgment of the City Council and is deemed adequate for purposes of making decisions on the merits of the Project; and
WHEREAS, no comments made in the public hearings conducted by the City or any additional information submitted to the City have produced substantial new information requiring recirculation or additional environmental review under State CEQA Guidelines section 15088.5; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:

SECTION 1. The City Council hereby Certifies the FEIR as supplemented by the Supplemental CEQA Memorandum prepared by T&B Planning, Inc. dated March 4, 2024 and adopts the Finding of Facts and Statement of Overriding Considerations and Mitigation and Monitoring Report for the Project as contained in Exhibit "A" attached hereto and which is incorporated herein by this reference.

SECTION 2. The City Council hereby makes the following findings and adopts the General Plan Amendment, pre -zoning to specific plan. The Beaumont Pointe Specific Plan and the Sign Program , and Vesting Tentative Parcel Map No. 38161, copies of which are attached hereto as Exhibit "B" and incorporated herein by this reference.

1. The proposed amendment is in the public interest, and there will be a community benefit resulting from the amendment: The proposed amendment serves the public interest and provides a community benefit by (i) allowing for economic diversification of the City; and (ii) providing an opportunity for additional jobs, goods and services not currently available to the city's residents.

2. The proposed amendment is consistent with the other goals, policies, and objectives of the General Plan: (i) a plan of services has been prepared for the General Plan Amendment and provides operation and maintenance of community activities and events, public safety, transit, maintenance of public works, sanitary sewers and trash collections to insure that adequate public services and facilities are provided in a timely manner for the Subject Site; (ii) it will provide a mix of jobs and services opportunities to the City's labor force and residents; (iii) it will accommodate travel demand with traffic mitigation measures meeting the City's General Plan adopted Level of Service D; and (iv) is compatible with surrounding land uses and is consistent with the existing industrial character of the area.

3. That the proposed amendment will not conflict with provisions of the zoning ordinance or subdivision regulations: (i) it provides for the design and development of a quality development project with long-term value; (ii) provides for diversification of the city's economy by establishing a variety of commercial and industrial uses; (iii) will assist with the development of a circulation system that serves the needs of the City through traffic mitigation measures meeting the City's General Plan adopted Level of Service D; and (iv) is compatible with surrounding land uses, consistent with the existing industrial character of the area.

4. In the event that the proposed amendment is a change to the land use policy map, the amendment will not adversely affect surrounding properties: The amendment provides for orderly expansion of the City boundary as the subject site is located within the City's sphere of influence.

Zone Change/Pre-Zone & Annexation (Specific Plan)

1. That the proposed change of zone or zoning ordinance text amendment is consistent with the goals, policies, and objectives of the General Plan: (i) a plan of services has been prepared for the General Plan Amendment and provides operation and maintenance of community activities and events, public safety, transit, maintenance of public works, sanitary sewers and trash collections to insure that adequate public services and facilities are provided in a timely manner for the Subject Site; (ii) it will provide a mix of jobs and services opportunities to the City's labor force and residents; (iii) it will accommodate travel demand with traffic mitigation measures meeting the City's General Plan adopted Level of Service D; and (iv) is compatible with surrounding land uses and is consistent with the existing industrial character of the area.

2. That the proposed change of zone or zoning ordinance text amendment will not adversely affect surrounding properties: : (i) it provides for the design and development of a quality development project with long-term value; (ii) provides for diversification of the city's economy by establishing a variety of commercial and industrial uses; (iii) will assist with the development of a circulation system that serves the needs of the City through traffic mitigation measures meeting the City's General Plan adopted Level of Service D; and (iv) is compatible with surrounding land uses, consistent with the existing industrial character of the area

3. That the proposed change of zone or zoning ordinance text amendment promotes public health, safety, and general welfare and serves the goals and purposes of this Zoning Ordinance: The proposed amendment serves the public interest and provides a community benefit by (i) allowing for economic diversification of the City; and (ii) providing an opportunity for additional jobs, goods and services not currently available to the city's residents; and (iii) allows for orderly expansion and development of the City through infrastructure improvements consistent with the adopted General Plan Circulation Element.

Section 3. That the City Council hereby approves the annexation of the Property into the City of Beaumont and recommends approval thereof to Local Agency Formation Commission for the County of Riverside.

SECTION 4. That the City Council hereby adopts the Letter of Intent for the sale and leaseback of the commercial parcel within the Project attached hereto as Exhibit "D" and made a part hereof by this reference.

SECTION 5. That this Resolution shall take effect immediately upon adoption by the City Council.

PASSED, APPROVED AND ADOPTED at the regular meeting of the City Council of the City of Beaumont, California, held on the 19th day of March, 2024, by the following roll call vote AYES:

NOES:

ABSENT:

ABSTAIN:

CITY OF BEAUMONT CITY COUNCIL
David Fenn, Mayor
ATTEST:

Nicole Wheelwright, City Clerk

ORDINANCE NUMBER 2024 -

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,

CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND

BETWEEN THE CITY OF BEAUMONT AND BEAUMONT POINTE

PARTNERS, LLC
WHEREAS, City is a general law city and a municipal corporation of the State of California; and;
WHEREAS, BEAUMONT POINTE PARTNERS LLC ("Owner") has a legal and equitable interest in approximately five hundred and thirty-nine point nine (539.9) acres of land located south of the 60 Freeway and west of Jack Rabbit Trail in the County of Riverside, State of California legally described and depicted on Exhibit "A" attached hereto and incorporated herein by this reference ("Property"); and WHEREAS, the Subject Property is, or will be made, subject to the following entitlements: General Plan Amendment (PLAN2019-0284), Pre -Zoning the Property to specific plan (PLAN2019-0283); Beaumont Pointe Specific Plan (SP2019-0003); Beaumont Pointe Sign Program (PLAN2022-0856); (g) Vesting Tentative Parcel Map No. 38161 (PM2022-0014); Minor Amendment to the Western Riverside County Multiple Species Habitat Conservation Plan; and certification of Final Environmental Impact Report No. SCH No. 2020099007 ("FEIR"), (collectively the "Entitlements") WHEREAS, the Project includes thirty point two (30.2) acres to be developed for commercial uses as "The Experience at Beaumont Pointe", with community recreation, commercial, retail, restaurant and hospitality land uses, a 125- room hotel and related amenities; approximately two hundred and thirty two point six acres (232.6) acres to be developed with industrial uses to accommodate users such as industrial incubators, light manufacturing, parcel hub, warehouse/storage, fulfillment center, high cube warehouse, cold storage warehouse, and e -commerce operations; and approximately two hundred and seventy seven point one (277.1) acres of open space; and
WHEREAS the Project will provide jobs and industry in the City of Beaumont; and WHEREAS the Project will provide a community benefit to the residents of the City of Beaumont; and
WHEREAS, the Developer is not requesting from the City, nor is the City providing, any form of financial assistance to locate, develop, construct and/or operate the Project in the City of Beaumont, and Developer agrees to comply with all conditions of approval; and
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Sections 65864 et seq. of the California 1

Government Code, (the "Development Agreement Statute") which authorizes cities to enter into property development agreements with any person(s) or entity(ies) having a legal or equitable interest in real property for the development of such real property in order to establish certain development rights in the real property; and WHEREAS, the Development Agreement is intended to provide assurances to Developer that an approved Project may proceed subject to the specified policies, rules, regulations, and conditions of approval applicable to the Project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval, and provide assurances that City cannot otherwise unilaterally impose conditions of approval of the Project outside what is permitted by the Development Agreement; and WHEREAS this Agreement will eliminate uncertainty in planning for and securing orderly development and occupancy of the Property, assure installation of necessary improvements, and ensure attainment of the maximum effective utilization of resources within the City at the least economic cost to its citizens; and WHEREAS, the City Planning Commission held a public hearing on the Project on November 29, 2023 and continued the item to the January 10, 2024 Planning Commission agenda; and
WHEREAS, the City Planning Commission held a continued public hearing on the Project on January 10, 2024; and
WHEREAS, the City prepared the Final Revised EIR (the "FEIR") and, pursuant to Public Resources Code section 21092.5, the City provided copies of the FEIR to all commenting agencies and persons requesting copies of the responses; and WHEREAS, the City Council of the City of Beaumont (the "City Council"), at its regularly scheduled public meeting on March 19, 2024, held a public hearing on the Project; and
WHEREAS, as contained herein and in Resolution No. , the City has endeavored in good faith to set forth the basis for its decision on the Project; and WHEREAS, based on the foregoing recitals, City has determined that this Agreement is appropriate under the Development Agreement Statute and Beaumont City Council Resolution No. 1987-34 and consistent with the policies and programs of the City of Beaumont General Plan and any applicable specific plan; and WHEREAS this Agreement is voluntarily entered into in consideration of the benefits to and the rights created in favor of each of the parties hereto and in reliance upon the various representations and warranties contained herein; and WHEREAS, City, as "Lead Agency" under the California Environmental Quality 2

Act ("CEQA") and the CEQA Guidelines, has determined that the "Project," as more fully described in this Agreement, has been fully analyzed per CEQA under the FEIR for the Project, as supplemented by the Supplemental CEQA Memorandum prepared by T&B Planning, Inc. dated March 4, 2024 and all other legal prerequisites to the adoption of this Ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
BEAUMONT DOES ORDAIN ASFOLLOWS:

SECTION 1. RECITALS
That the above Recitals are true and correct and are incorporated as though fully set forth herein.

SECTION 2. APPROVAL OF DEVELOPMENT AGREEMENT
That the City Council hereby approves the Development Agreement by and between the City of Beaumont and Beaumont Pointe Partners LLC ("Development Agreement"), a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference, subject to the terms and conditions stated therein and subject to the condition that the City Council and Beaumont Pointe Partners, LLC mutually execute an Asset Purchase Agreement and Ground Lease for the commercial parcel that is consistent with the terms of the Letter of Intent approved contemporaneously with this Ordinance within one hundred and eight days (180) days after the effective date of this Ordinance.

SECTION 3. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.

SECTION 4. EFFECTIVE DATE OF ORDINANCE
That this Ordinance shall take effect thirty (30) days after its second reading by the City Council.

SECTION 5. EFFECTIVE DATE OF DEVELOPMENT AGREEMENT
The Development Agreement shall not be executed by the City until on or after the effective date of the Ordinance.

SECTION 6. REPEAL OFCONFLICTING PROVISIONS
3

That all the provisions of the Beaumont Municipal Code as heretofore adopted by the City of Beaumont that are in conflict with the provisions of this ordinance are hereby superseded to the extent of such inconsistency.

SECTION 7. RECORDATIONOFDEVELOPMENTAGREEMENT
The City Clerk is hereby directed to record the fully executed Development Agreement with the Riverside County Recorder no later than ten (10) days after its execution.

SECTION 8. CERTIFICATION
That the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.

PASSED AND ADOPTED THIS 19th day of March, 2024.

CITY OF BEAUMONT CITY COUNCIL
David Fenn, Mayor
ATTEST:

Nicole Wheelwright, Deputy City Clerk
APPROVED AS TO FORM:
4

EXHIBIT "A"
Legal Description
5

EXHIBIT "B"
Development Agreement
6

BEAUMONT
- C !� 1 1 0 R N A
Staff Report
TO: City Council
FROM: Doug Story, Community Services Director
DATE March 19, 2024
SUBJECT: Approve a Public Works Agreement with Conserve LandCare for the Construction of the Sixth Street Medians in an Amount not to Exceed $764,838
Description To award a contract with Conserve LandCare for construction services for Capital Improvement Project (CIP) No. R-21.

Background and Analysis:

On June 1, 2023, a Professional Services Agreement was executed with Architerra Design Group to provide the landscape architecture and design services for the renovation of the Sixth Street medians from Highland Springs to Illinois Ave. Over the next several months, the design team met with staff to create and develop a new design to replace and improve the existing medians. Staff presented options to City Council and direction was given toward the design of the monument sign and the material to be used in the medians.

On January 12, 2024, staff posted a Request for Bids for the demolition and construction of the re -designed Sixth Street medians. The new design includes:
• Mobilization and Traffic Control Plans
• Demolition
• BMP Implementation
• Concrete, Granite, Cobble and Stove Paving
• Landscape Boulders
• City Entry Monument
• Electrical and Lighting
• Solar Power Pole
Sealed bids were opened on February 21, 2024, and two (2) responses were received.

Staff and capital improvement project management consultants reviewed all responses and recommended that the City Council award a Public Works Agreement to Conserve

LandCare in the amount of $764,838 as the lowest responsive bidder. The agreement includes a deadline of 75 calendar days for completion of the project.

Bids Received:

Conserve LandCare - $764,838
Los Angeles Engineering Inc. - $1,105,527
Fiscal Impact:

Funding for this project is allocated through the five-year Capital Improvement Plan (CIP) Fiscal Year 2023-2027. There is no further impact on the general fund for the re- construction of the Sixth Street Medians.

R-21 6th Street Medians Project Accounting Summary
Funding Summary
Funding Year
Funding
Source
22/23
GF
Total Project Funding =
Budget Summary
Project Component
Budget
Encumbered
Paid to
Date
Remaining
Budget
Project Management
$0
$0
$0
$0
Preliminary Services
$0
$0
$0
$0
Environmental
$0
$0
$0
$0
Design
$63,010
($63,010)
($51,643)
$0
Construction
$1,936,990
$0
$0
$1,936,990
Construction Management
$0
$0
$0
$0
Permits
$0
$0
$0
$0
Equipment
$0
$0
$0
$0
Project Summary Totals
$2,000,000
($63,010)
($51,643)
$1,936,990
The estimated cost to prepare this report is $280.

Recommended Action:

Authorize the Mayor to execute the Public Works Agreement with Conserve LandCare for the Construction of the Sixth Street medians, and
Authorize Staff to Issue a Purchase Order in the amount of $764,838, and Authorize the City Manager to Approve change orders in an Amount Not to Exceed $76,485 for Capital Improvement Project (CIP) No. R-21.

Attachments:

A. Conserve LandCare Bid
B. Public Works Agreement
C. Levine Act Statement

City of Beaumont
Request for Bid
6th Street Median and
_..,, Monument Project
BEAUMONT CIP No. R-21
-CALIFORNIA-

BID FORM
NAME OF BIDDER: Conserve LandCare
The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:

CIP No. R-21 6th Street Median and Monument Project
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project for the following BASE BID TOTAL BID PRICE:

BASE
BID

BASE BID PRICE
(IN WRITTEN FORM)
TOTAL

BID PRICE

BID PRICE
(IN NUMBERS)
Seven hundred sixty-four thousand eight
hundred thirty-eight dollars
$764,838.00
In case of discrepancy between the written price and the numerical price, the written price shall prevail.
14

City of Beaumont
Request for Bid

BEAUM T
C .. L i f R A ONA �-

BASE BID

BID SCHEDULE
6th Street Median and Monument Project
6th Street Median and
Monument Project
CIP No. R-21
ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/UN
IT

UNIT PRICE
(FIGURES)

TOTAL COST
(FIGURES)
1 Mobilization

1 LS
$41,700.00
$41,700.00
2 Traffic Control Plans and
Traffic Control
1 LS
$52,500.00
$52,500.00
3 Demolition - Miscellaneous
concrete footing/pedestal/sign
removal
1 LS
$4,900.00
$4,900.00
4 Demolition - Clearing and
grubbing of gravel/top soil to 6"
below top of curb
35,915
SF
$3.50
$125,702.50
5 Demolition - Remove stamped
concrete
389
SF
$9.00
$3,501.00
4 BMP Implementation
1 LS
$1,200.00
$1,200.00
7 Concrete Paving - 4" with top cast
and cobble transition
6 270
,
SF
$20.00
$125,400.00
8 3" stabilized & compacted
decomposed granite paving in (3)
1" lifts
15,325
SF
$4.00
$61,300.00
9 Mortared cobble paving with
irregular edge - laid flat side up
11199
,
SF
$14.00
$156,786.00
10 3" Angular crushed stone paving -
plate vibrated to smooth surface
3,121
SF
$3.50
$10,923.50
15

City of Beaumont
Request for Bid

BEAUMONT
6th Street Median and
Monument Project
CIP No. R-21
11 Landscape Boulder - 24" to 30"
37 EA
$125.00
$4,625.00
12 Landscape Boulder - 30" to 36"
102
EA
$150.00
$15,300.00
13 Landscape Boulder - 36" to 48"
60 EA
$175.00
$10,500.00
14 Custom fabricated steel Cit Ent
y ry
Monument
1 LS
$55,700.00
$55,700.00
15 Monument lighting with solar
power pedestal - (6) Large LED
up -lights, (2) in -grade LED up-
lights, (1) square straight steel
pole with solar and battery
assembly
1 LS
$82,600.00
$82,600.00
16 Electrical and lighting labor and
materials
1 LS
$11,000.00
$11,000.00
17 Contractor provides structural
design for solar power pole
1 LS
$1,200.00
$1,200.00
PROJECT BASE BID SUBTOTAL:
$764,838.00
16

City of Beaumont
Request for Bid

BEAUMONT
-CALIFORNIA-
6th Street Median and
Monument Project
CIP No. R-21
Items include references to specification sections where applicable. Contractor shall verify section and all specifications for bid item. Listed items and references are not intended to provide a complete list of all work included. All specifications and contract documents shall be considered when bidding.

In case of discrepancy between the unit price and the item cost set forth for a unit basis item, the unit price shall prevail and, shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the "Item Cost" column, then the amount set forth in the "Item Cost" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the unit price.

In case of discrepancy between the written price and the numerical price, the written price shall prevail.
17

City of Beaumont
Request for Bid

BEAUMONT
-CALIFORNIA-

BID CERTIFICATION
6th Street Median and
Monument Project
CIP No. R-21
Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors,
License No.
1073122
Expiration Date 1/31/2025
Class of license A, B, C-27
If the bidder is a joint venture, each member of the joint venture must include the above information.

The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents:

1. Addenda No. 1 thru 1

2. Attached is the required bid security in the amount of not less than 10% of the Total Bid Price.

3. Attached is the fully executed Non -Collusion Affidavit form.

4. Attached is the completed Designation of Subcontractors form.

5. Attached is the completed Bidder Information Form.

6. Attached is the completed Contractor's Certificate Regarding Workers' Compensation form.

Bidder acknowledges and understands that, pursuant to Public Contract Code Section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract.

I hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

Name of Bidder Conserve LandCare
Signature
Name and Title
Dated
Kevin o , Vice President
cker
2/14/2024
18

City of Beaumont
Request for Bid
-C A L I F U R N. 4-
6th Street Median and
Monument Project
CIP No. R-21

CONTRACTOR'S CERTIFICATE REGARDING

WORKERS' COMPENSATION
CIP No. R-21 6th Street Median and Monument Project
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Name of Bidder Conserve LandCare
Signature
Name and Title Kevin Rocker, Vice President
Dated
2/14/2024

City of Beaumont
Request for Bid

BEAUMONT
6th Street Median and
Monument Project
CIP No. R-21

BID BOND
CIP No. R-21 6th Street Median and Monument Project
The makers of this bond are,
Conserve LandCare
as Principal, and
Atlantic Specialty Insurance Company
, as Surety
and are held and firmly bound unto the City of Beaumont, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to CITY for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated 2/21 , 2024, for
CIP No. R-21 6th Street Median and Monument Project
If the Principal does not withdraw its bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes.

In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and expenses.

City of Beaumont
Request for Bid

BEAUMONT
• C AL . Y O R h f X•
6th Street Median and
Monument Project
CIP No. R-21
IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this 7th day of February , 2024, the name and corporate seal of each corporation.
(Corporate Seal) Conserve LandCare
(Corporate Seal)
Principal
By
Title
Atlantic Specialty Insurance Company
Surety
By
My Hua
Attorney -in -Fact
Attorney -in -Fact
(Attach Attorney -in -Fact Certificate) Title
21

City of Beaumont
Request for Bid
STA

BEAUMONT
***See attached California All -Purpose Acknowledgment***

OF CALIFORNIA )
) ss.

CITY OF
On this
day of
appeared
whose name is subscribe
(Surety) acknowledged to m
6th Street Median and
Monument Project
CIP No. R-21
, in the year 2024, before me,
, a Notary Public in and for said state, personally
, known to me to be the person
to the within instrument as the Attorney -In -Fact of the hat he subscribed the name of the
N(Surety) thereto and his own name as Attorney -In -
Fact.
(SEAL)
Commission expires:

Mary Public in and for said State
N
NOTE: A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto.
22

CALIFORNIA ALL-PURPOSE 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 Orange
On FEB 0 7 2024 before me, Kathy R. Mair. Notary Public DATE [Name of Notary Public and Title "Notary Public"]
personally appeared My Hua
)
[Name(s) of Signer(s)]
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity 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.
1(ATHV R. CaliMAIR
G Notary Pu611c - fornia
u
ComOrangemission Coa 2355508nty
1 � My Corrr. Ez3lres May 22.2025
Place Notary Seal Above
WITNESS my hand and official seal.
v(ivitA

OPTIONAL
Signature Notary Public
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name: MLHua
❑ Corporate Officer — Title(s):
❑ Partner — n Limited ❑ General
❑ Individual ® Attorney -in -Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:

Signer Is Representing: _
Number of Pages:

Signer's Name:

Corporate Officer — Title(s):

Partner— ❑ Limited n General
Individual ❑ Attorney -in -Fact
Trustee ❑ Guardian or Conservator
Other:

Signer is Representing:

[intact]

INSURANCE
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Brenda Wong, Kathy R. Mair, Martha Gonzales, Mechelle Larkin, My Hua, Sokha K. Evans, Tenzer V.

Cunningham, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal.

This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:

Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact.

Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.

This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:

Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.

IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023.

STATE OF MINNESOTA

HENNEPIN COUNTY
' INs&,,,•.
:' pP.PaRgT
'o SEAL� ,r
;co:, mz
1986 :'oil
%k
-l• 50C". ' a2,;
.

By
Sarah A. Kolar, Vice President and General Counsel
On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.

ALISON DWAN NASH•TROUT
NOTARY PUBLIC • MINNESOTA
My Commission Expires
January 31, 2025
„mg/
Notary Public
I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions s o h bov are now in force. 0 Signed and sealed. Dated day of 0 7 ,2024
This Power of Attorney expires
January 31, 2025
4°.. VOkPORgjF c
SEAL rn
L—' 1986 .:(3
rti6 FW'j0" gam:
y * ors
Kara L.B. Barrow, Secretary
Please direct boiigec2c 79 of 2269 •urance.com

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 Riverside
on 2/15/2024
before me, Edward Ernst, Notary Public
(insert name and title of the officer)
personally appeared Kevin Rocker
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity 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.

Signature

EDWARD ERNST
COMM. #2427583
Notary Public - California
Riverside County
My Comm. Expires Dec. 16, 2026

City of Beaumont
Request for Bid

BEAUMONT

DESIGNATION OF SUBCONTRACTORS
CIP No . R-21 6th Street Median and Monument Pro ject
691 Street Median and
M onument Project
CIP No. R-21
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, each bidder shall set forth below: the name, the location of the place of business, the California contractor license number, and public works contractor registration number issued of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid.

Portion of the
Work
Subcontractor
Location of
Business
License
Number.

Public Works
Contractor
Registration
Number
% of
Work
Electrical/Sign
Bravo Sign & Design INC
52oscentreIPe rkAVEE,Anahelm,CA92802
641391
1000006083
5%
Concrete
The Bedrock Company
2970 Myers Street, Rive rside, CA 92503
674525
1000024301
5%
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A

City of Beaumont
Request for Bid

BEAUMONT
6th Street Median and
Monument Project
CIP No. R-21
Portion of the
Work
Subcontractor
Location of
Business
License
Number.

Public Works
Contractor
Registration
Number
% of
Work
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A

City of Beaumont
Request for Bid

BEAUMONT
6t" Street Median and
Monument Project
CIP No. R-21
Portion of the
Work
Subcontractor
Location of
Business
License
Number.

Public Works
Contractor
Registration
Number
% of
Work
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Name of Bidder Conserve LandCare
Signature
Name and Title Kevin 'ocker, Vice Presidnet
Dated
2/14/2024

City of Beaumont
Request for bid

BEAUMONT
-CALIFORNIA-
6th Street Median
and Monument Project
CIP No. R-21

INFORMATION REQUIRED OF BIDDERS
CIP No. R-21 6th Street Median and Monument Project
A. INFORMATION ABOUT BIDDER
[**Indicate not applicable ("N/A") where appropriate.**] NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 Name of Bidden Conserve LandCare

2.0 Type, if Entity:

3.0 Bidder Address:

LLC
72265 Manufacturing Rd.

Thousand Palms, CA 92276
(760) 343-0433 (760) 343-1433
Facsimile Number Telephone Number

4.0 License Information:
1073122 A, B, C-27
1/31/2025
License No. Class of License
1000713445
Expiration Date
DIR Registration No.

5.0 How many years has Bidder's organization been in business as a Contractor? 12 6.0 How many years has Bidder's organization been in business under its present name? 12

5.1 Under what other or former names has Bidder's organization operated? N/A
26

City of Beaumont
Request for bid

BEAUMONT
-C AL I F O N M1 14-

7.0 If Bidder's organization is a corporation, answer the following:
2/7/2020

7.1 Date of Incorporation:

7.2 State of Incorporation:

7.3 President's Name:
6th Street Median
and Monument Project
CIP No. R-21
California
Richard Sperber

7.4 Vice -President's Name(s): Kevin Rocker
Bill Ropp

7.5 Secretary's Name:

7.6 Treasurer's Name:

N/A

8.0 If an individual or a partnership, answer the following:

8.1 Date of Organization:

N/A

8.2 Name and address of all partners (state whether general or limited partnership):

N/A

9.0 If other than a corporation or partnership, describe organization and name principals: N/A

10.0 List other states in which Bidder's organization is legally qualified to do business.

N/A
27

City of Beaumont
Request for bid

BEAUMONT
-CALIFORNIA-
6th Street Median
and Monument Project
CIP No. R-21

11.0 What type of work does the Bidder normally perform with its own forces? Landscape, irrigation, demo, and installation of rock products.

12.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:

No.

13.0 Within the last five years, has any officer or partner of Bidder's organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:

No.

14.0 List Trade References:

Maria & Associates - PO Box 2332, Fullerton, CA 92837
Imperial Sprinkler - 1485 N. Manassero St. Anaheim, CA 92807 Southwest Boulder & Stone - 979 S Gene Autry, Palm Springs, CA 92264

15.0 List Bank References (Bank and Branch Address):

Pacific Premier Bank - 73745 El Paseo, Palm Desert, CA 92260 28

City of Beaumont
Request for bid

BEAUMONT
-L A L I F 6 R 0, i-

16.0 Name of Bonding Company and Name and Address of Agent:

Marsh - My Hua
17901 Von Karman Avenue, Suite 100
Irvine, CA 92614
6th Street Median
and Monument Project
CIP No. R-21

City of Beaumont
Request for bid

BEAUMONT
—c A L I OO N N i A—
B. LIST OF CURRENT PROJECTS (Backlog)
[**Duplicate Page if needed for listing additional current projects.**] 6th Street Median
and Monument Project
CIP No. R-21
Project
Description of
Bidder's Work
Completion
Date
Cost of
Bidder's Work
Contact Name &
Phone
Falloncrest Streetscape
Provide new landscape and inigaton along streetscape.

N/A
$749, 084.25
Mike Lewick - (951) 712-8618
La LandSCape Renovation - Cactus Flower
Renovate existing landscape around Cactus Flower Community.

N/A
$1,832,780.75
Ubaldo Ayon - (760) 275-2789
Willawbend LMDStreetscapes
Provide new landscape end imgationfor new community.

N/A
$1,896,720.00
Glen Land - (949) 315-9194
Atwell Ph. 2A Meedcwllne way streetscape
Provide new landscape and irrigation along streetscape.

N/A
$1,280,529.00
Donato Ramirez - (661) 565-5437
Cherry Ave. Landscape
Provide new landscape and irrigation on streetscape.

N/A
$142,600.00
Donato Ramirez - (661) 565-5437
30

City of Beaumont
Request for bid

BEAUMONT
-C A L I F O R N I A -
6th Street Median
and Monument Project
CIP No. R-21
C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder's ability to perform the required Work.

Project Client
Description of
Bidder's Work
See attached.

Period of
Performance
Cost of Bidder's
Work
Contact Name
& Phone
31

c4nserve
LandCare

PROJECT REFERENCES

PROJECT CONTRACT VALUE
Project: Atwell — Streetscapes and Recreation Center $3,500,000 + Client: Tri Pointe Homes
Contact: Donato Ramirez, Project Manager
Phone: 661-565-5437
Project: Kaplan, Regions North and New Haven CFD Landscape $1,700,000 + Client: Brookfield Homes
Contact: Dave Seach, Regional Director of Land Development Phone: 619-770-8757
Project: Pacific Mayfield Streetscapes $2,500,000 +
Client: Lennar Homes
Contact: Jeremiah Acayturri, Project Manager
Phone: 951-403-3715
Project: Olivewood Echo Park & Paseo $2,300,000 +
Client: Taylor Morrison
Contact: Alex Corona
Phone: 949-341-1217
Project: Altitude Business Center $1,300,000 +
CM: Murow Development Consultants
Contact: Alexander Oleksyszyn
Phone: 562-631-0778
Project: Trilogy at the Polo Club Ph. 8 Improvements $1,200,000 + Client: Shea Homes
Contact: Steven Zabala, Land Development Manager
Phone: 714-683-5488
Project: Stratford Place, Avelina — City of Perris $1,800,000 + Client: Pulte Group
Contact: Bob Paradise, Land Development Manager
Phone: 951-258-6001
Project: Flair at Miralon, Signature at PGA West $2,400,000 + Client: Woodbridge Pacific Group
Contact: Bob Richards, Project Manager
Phone: 949-445-4612
72265 Manufacturing Road — Thousand Palms, CA 92276 — 760-343-1433 Office — 760-343-0433 Fax www.conservelandcare.com — Lic. No. 1073122

City of Beaumont
Request for bid
6th Street Median
and Monument Project
BEAUMONT CIP No. R-21
D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:

The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1. List each person's job title, name and percent of time to be allocated to this project:

Richard Kretz - Project Manager - 25%
Arturo Lopez - Superintendent - 25%
Jorge Garcia - Foreman - 100%

2. Summarize each person's specialized education:

Richard Kretz - N/A
Arturo Lopez - N/A
Jorge Garcia - N/A

3. List each person's years of construction experience relevant to the project:

Richard Kretz - 31 Years
Arturo Lopez - 30 Years
Jorge Garcia - 24 Years

4. Summarize such experience:

Richard Kretz - Experience as a PA, PE, PM, and Chief Estimator Arturo Lopez - Foreman, Journeyman, and Superintendent
Jorge Garcia - Foreman, Pipe Fitter
Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.
32

City of Beaumont
Request for bid
Additional Bidder's Statements:

BEAUMONT
-< ALI G O 1 A I A -
6t" Street Median
and Monument Project
CIP No. R-21
If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

N/A
E. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:

I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:

Name of Bidder Conserve LandCare
Signature
Name and Title Kevin Ro er, Vice President
Dated
2/14/2024
33

City of Beaumont
Request for bid
�7 6th Street Median
and Monument Project
BEAUMONT CIP No. R-21

NON -COLLUSION AFFIDAVIT
CIP No. R-21 6th Street Median and Monument Project
1 Kevin Rocker , being first duly sworn, deposes and says that he is of Conserve LandCare
the party making the attached bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Name of Bidder Conserver LandCare
Signature
Name and Title
Dated
Kevin RooKer, Vice President
2/14/2024

NON -COLLUSION AFFIDAVIT
34

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 Riverside
On 2/15/2024
before me, Edward Ernst, Notary Public
(insert name and title of the officer)
personally appeared Kevin Rocker
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity 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.

Signature (Seal)
9 � Z� .

EDWARD ERNST
COMM. #2427583
Notary Public - California o
Riverside County
My Comm. Expires Dec. 18, 2026

O

WRITTEN CONSENT

OF THE SOLE MEMBER
a
OF

CONSERVE LANDCARE, LLC
August .,, 2019
The undersigned, being the sole member of Conserve LandCare, LLC, a California limited liability company (the "Company"), acting by written consent without a meeting in accordance with Section 17704.07 of the California Revised Uniform Limited Liability Company Act and the operating agreement of the Company, hereby adopts the following resolutions:

OFFICER
WHEREAS, the Sole Member deems it advisable, and in the best interests of the Company to appoint Kevin Rocker as a Vice President of the Company.

NOW, THEREFORE, BE IT RESOLVED, that Kevin Rocker be, and he hereby is, appointed to the office of Vice President of the Company, to serve until his successor is duly appointed and qualified.

AUTHORITY OF DIRECTOR OF LANDSCAPE MAINTENANCE
RESOLVED, that Randy Mitchell, in his capacity as Director of Landscape Maintenance of the Company, shall have the authority to act on behalf of, bind, and execute and deliver contracts in the name and on behalf of the Company in the ordinary course of business, subject at all times to the authority of the Sole Member.

GENERAL
RESOLVED, that the officers of the Company shall be, and each hereby is, authorized, empowered and directed to take any and all action necessary or appropriate to carry out the intents and purposes of the foregoing resolution;
RESOLVED FURTHER, that all prior actions taken by the officers of the Company within the scope of the foregoing resolutions be, and each of them hereby is, authorized, approved and ratified in all respects.
42594877,.1
[SIGNATURE PAGE FOLLOWS]

In witness whereof, the undersigned has executed this written consent effective on the date first above written.

SOLE MEMBER:

Sperber Landscape Companies, LLC
Name: Richard A. Sperber
Title: President
[Signature Page to Post -Closing UWC (Conserve LandCare, LLC)]

C24 -

CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
This PUBLIC WORKS AGREEMENT ("Agreement") is made and effective March 19, 2024, by and between the City of Beaumont, a municipal corporation ("CITY"), and Conserve LandCare, ("CONTRACTOR"), a limited liability corporation. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. SCOPE OF WORK
The CONTRACTOR shall perform within the time set forth in Article 2 of this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the renovation of 6th Street Medians (hereinafter "Project"). CONTRACTOR's Bid, dated February 14, 2024, is attached hereto as Exhibit B and incorporated herein by this reference. The Scope of Work for the Project is set forth in the Invitation.

In the event that any terms of the Bid are different from the Invitation for Bids, the Invitation for Bids shall control. Any additional terms in the Bid that purport to bind the City to any additional terms not contained in this Agreement and related attachments shall not be binding on the City.

By entering into this Agreement, CONTRACTOR acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own. CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, the CITY, the Construction Manager, the Engineer, or utilities. CONTRACTOR also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be a direct action against the separate contractor. To the extent allowed by law, the CONTRACTOR will have no remedy, and hereby expressly waives any remedy against the CITY, the Construction Manager (if any), and the Engineer on account of delay, hindrance, interference, or other events.

11. TIME FOR PROJECT COMPLETION
All of CONTRACTOR's work on the Project shall be completed within durations established for the individual activities. All work shall commence ten (10) calendar days after receiving a written Notice of Award from the CITY or Construction Manager, if a Construction Manager is employed by CITY on the Project and all work should be completed within 75 days from the notice of award. CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations.

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III. THE CONTRACT SUM
The CITY shall pay to the CONTRACTOR for the performance of this Agreement, subject to any additions and deductions provided in the Project documents, the sum of Seven Hundred Sixty -Four Thousand Eight Hundred Thirty -Eight Dollars and Zero Cents ($764,838.00).

IV. PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Engineer by the CONTRACTOR and Certificates for Payment issued by the Engineer, the CITY shall make progress payments on account of the Contract Sum to the CONTRACTOR as provided in the General Conditions, which are fully incorporated into this Agreement by this reference.

This Agreement is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This Agreement hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

V. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT
CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR's legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR's negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions

C24 -
are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

VI. PREVAILING WAGES
A. Contractor shall comply with all applicable laws and regulations relating to prevailing wages. Wage rates for this Project shall be in accordance with the "General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Riverside County. Wage rates shall conform with those posted at Beaumont City Hall and the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 - Penalty for Failure to Pay Overtime.

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

VII. RECORD AUDIT
In accordance with Government Code, Section 8546.7, records of both the CITY and the CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

VIII. FINAL PAYMENT

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Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by the CITY to the CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final Certificate for Payment has been issued by the Engineer.

IX. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude the CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against the CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.

X. INSURANCE
Prior to the beginning of and throughout the duration of the Project, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit C are copies of Certificates of Insurance and the waiver of subrogation endorsement as required by Section 6.B.1. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess

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of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to CITY.

A. Types of Insurance
Without limiting CONTRACTOR's indemnification of CITY, and prior to commencement of Work, CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to CITY:

1. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

2. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

3. Umbrella or excess liability insurance. If CONTRACTOR is using umbrella coverage to meet part of its liability insurance requirements under Paragraph 1 of this Section, CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury, completed operations and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and
• Insureds under primary policies shall also be insureds under the umbrella or excess policies.

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4. Workers' compensation insurance. CONTRACTOR shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees.

CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

5. Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR's Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non -owned disposal sites.

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors.

If the insured is using subcontractors, the Policy must include work performed "by or on behalf" of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.

6. Builder's risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder's risk insurance for the entire duration of the Project until only the CITY has an insurable interest. The Builder's Risk coverage shall include the coverages as specified below.

The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may

C24 -
appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the CITY. The CITY will act as a fiduciary for all other interests in the Project.

Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub -limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub -limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits and shall be submitted to the CITY prior to commencement of construction.

B. Other provisions or requirements

1. Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by CITY's risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

2. Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or
subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers,

C24 -
officials, employees, and agents shall continue as additional insureds under such policies.

3. Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY's own insurance or self-insurance shall be called upon to protect it as a named insured.

4. CITY's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement.

5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the CITY's risk manager.

6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.

CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

7. Enforcement of contract provisions (non estoppel).

CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non- compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

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8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

9. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

10.Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.

12.Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions.

13. Pass through clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon

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request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.

14.CITY's right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR's compensation.

15.Self-insured retentions. Any self -insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self - insured retentions be eliminated, lowered, or replaced by a deductible.

Self-insurance will not be considered to comply with these specifications unless approved by CITY.

16.Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

17.Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

XI. CONTRACTOR'S LICENSE
CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing. CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.

XII. REGISTRATION REQUIREMENTS
A. Pursuant to Section 1771.1(a) of the Labor Code:
"A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered

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contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded."
B. CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.

C. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

D.The CONTRACTOR is not subject to public works requirements (including registration with the DIR) if the public works project is under $1,000, unless the CITY knows that the same CONTRACTOR will be awarded total project costs in excess of $1,000 for a given year.

XIII. CORPORATION IN GOOD STANDING
If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that David Van Dyke whose title is President is authorized to act for and bind the corporation.

XIV. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction.

XV. SUBSURFACE HAZARDOUS MATERIALS

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A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any:

1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class I I I disposal site in accordance with the provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACT.

B. Upon receipt of said notification the CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR's cost of or the time required for performance of any part of the work, the CITY will issue a change order under the procedures described in the General Conditions.

C. In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR's cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.

XVI. COMPONENT PARTS OF THE CONTRACT
This Agreement entered into consists of the following CONTRACT DOCUMENTS, all of which are component parts of the Agreement as if herein set out in full or attached hereto:
x Notice Inviting Bids
x Scope of Work Summary
x Information for Bidders
x Bid Form
x Non -Collusion Affidavit
❑Site Visit Certification
❑ Faithful Performance Bond
Labor and Materials Payment
Bond
CJGeneral and Supplemental
Conditions
r Special Conditions
Project Construction Schedule
x Proposed Subcontractors

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x Bid Bond
x Information Required of Bidder
❑Construction Services Agreement
x Certificate Regarding Worker's
Compensation
❑ Drug -free Workplace Certification
❑Plans and Specifications
❑Addenda
❑Drawings
❑Change Orders
❑Shop Drawing Transmittals
❑Contractor's Certificate Regarding
Non -Asbestos Containing
Materials
All of the above -named CONTRACT DOCUMENTS are intended to be complementary. Work required by one of the above -named CONTRACT DOCUMENTS and not by others shall be done as if required by all.

XVII. ENTIRE CONTRACT
This Agreement constitutes the entire contract of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exists between the parties. This Agreement can be modified only by an amendment in writing, signed by both parties.
[Signatures on following page.]

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SIGNATURE PAGE TO

CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
CITY:

CITY OF BEAUMONT
By:

David Fenn, Mayor
CONTRACTOR:

Conserve Landcare LLC
By:

Print Name:

Title:

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CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
EXHIBIT "A"

INVITATION FOR BIDS
15

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CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
EXHIBIT "B"
CONTRACTOR'S Bid
16

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CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
EXHIBIT "C"
Insurance Certificates and Endorsements
17

BEAUMONT

C A L I F O R N I A
California Levine Act Statement
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Beaumont City Council Member from participating in any action related to a contract or application if he or she receives any political contributions totaling more than $250 within the previous twelve months, and for three months following the date a final decision from the business/board or applicant.

The Levine Act also requires a member of the Beaumont City Council who has received such a contribution to disclose the contribution on the record of the proceeding.

Current Beaumont City Council Members are listed at:
https://www.beaumontca.gov/29/City-Council
Proposers are responsible for accessing this link to review the names prior to answering the following questions.

1. Have you or your company, or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $250 to any Beaumont City Council Member in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action? YES If yes, please identify the Council Member(s):

X NO

2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $250 to any Beaumont City Council Member in the 12 months following any Council action related to your proposal or application?
YES If yes, please identify the Council Member(s):

X NO
Answering yes to either of the two questions above does not preclude the Beaumont City Council from awarding a contract or approving an application or any subsequent action. It does however, preclude the identified Council Member(s) from participating in any actions related to your proposal or application.
03/11/2024
Date
Signi
ndividual
Conserve LandCare
Company/Applicant Name
City of Beaumont 1 550 E. 6th Street, Beaumont, CA 92223 1 (951) 769-8520 1 BeaumontCA.gov

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Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE March 19, 2024
SUBJECT: Market Night Policy Update and Discussion on Market Night Event Description Consideration of the updated market night policy and continued discussion and direction on establishing market night within the City of Beaumont.

Background and Analysis:

Throughout the past year, the City has spent considerable time and resources developing a Downtown Beaumont Revitalization Plan, facilitating downtown business meetings, and committing financial and staff resources to revitalizing downtown.

One of the goals in revitalizing downtown is to develop a market night event to draw residents and visitors into downtown. Staff has worked internally and with other jurisdictions having successful market nights to identify best practices, policies, and procedures for implementing a market night. On February 6, 2024, staff presented a draft market night policy addressing rules, regulations, logistics (location/layout) and cost.

Key factors considered in drafting the policy were:
• Location
• Days/times
• Public safety — wind, heat, traffic, alcohol sales, lighting • Entertainment options
• Public Works and Community Services staff members would be required to facilitate traffic control and street closures
• Police Department staffing needed
Other considerations included:
• Charging vendors, allowing participation with a valid business license, or creating a fee
• Use of a third -party specializing in market night coordination and vendor management
• Cost to establish and operate

At the February 6, 2024, meeting, discussion was held, and direction given to staff on revisions to the policy. Since that meeting, staff has continued to meet to develop the plan for the event as well as to discuss challenges and ways to encourage residents and visitors to participate.

Key factors updated since the last meeting are:
• Location — Beaumont Avenue between 6th Street and 8th Street • Days/times — Thursdays, weekly from 5pm — 9pm beginning June 13th • Entertainment options — Combine event with summer concert series, kid zone, food and other seasonal components
• Staffing — Departments will have staffing plan to cover the Thursday event • No charge to participate, consideration of establishing a "no fee" license specifically for this event
One of the considerations in encouraging participation was to think about naming the event something other than "market night". Market night has a specific connotation and staff envisions this event to have a livelier atmosphere than a typical market night. Staff is proposing calling the event "Beaumont Nights at Town Center." After direction is received on this item, staff will be reaching out to businesses in the town center area, the Chamber of Commerce, and other stakeholders for input on the event. There will be a formal meeting scheduled in April in addition to outreach to each individual property owner and business owners/operators.

Attachment A to this staff report is the revised rules and regulations policy. This policy outlines the purpose and goals of Beaumont Nights, outlines rules and regulations, operational protocols and provides other useful information. The information in this policy reflects the direction given to staff.

Fiscal Impact:

The cost to prepare this staff report and update the rules and regulations document is approximately $250. Beaumont Nights at Town Center is being funded out of existing downtown budget allocations.

Recommended Action:

Hold discussion; and
Adopt the updated rules and regulations policy; and
Direct staff to establish a no -fee license specific to Beaumont Nights at Town Center.

Attachments:

A. Beaumont Nights at Town Center Rules and Regulations Policy

BEAUF O MONR N AT
C A L 1
Beaumont Nights at Town Center
Rules and Regulations

TABLE OF CONTENTS
PURPOSE, GOALS & STRUCTURE 3
LOCATION & CONTACT LIST 4
APPLICATION PROCESS FOR VENDORS 6
PROCESS FOR CURRENT VENDORS TO REAPPLY 6
FEES AND PERMITS 6
COMPLIANCE WITH FEDERAL, STATE, LOCAL LAWS AND STATUTES 6-8 STANDARDS OF CONDUCT 9
BOOTH SET-UP, LOAD -IN, AND LOAD -OUT PROCEDURES 10
EMERGENCY PROCEDURES FOR INCLEMENT WEATHER CONDITIONS 12 HEALTH, FIRE AND POLICE REGULATIONS 12
COMPLIANCE AND ENFORCEMENT 12
APPEALS 13
VENDOR PARTICIPATION AND BOARD GUIDELINES 13-17
General Vendor 14
Specialty Foods (pre-packaged) 15
Non -Profit Organizations 15
Downtown Retail Merchant Vendor 16
Food Service Vendors 16
Entertainment, Political, Commercial & Miscellaneous Vendors 16-18 2

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PURPOSE:

Our purpose is to create a weekly, vibrant, community market night with a family atmosphere for residents and visitors.

GOALS:
• Provide a venue for community activities and organizations • Create a positive image of downtown Beaumont
• Provide a diverse selection of arts, crafts, entertainment, and food • Promote downtown as a center for social, civic and retail activities • Expose residents and visitors to downtown stores, services and businesses • Enhance the community
STRUCTURE, OVERSIGHT, AND SCHEDULE:

Beaumont Nights at Town Center (BNTC) takes place in the heart of Beaumont on Beaumont Avenue between Sixth Street and Eighth Street every Thursday night beginning in June. The street is closed to vehicular traffic and then transformed into a festive, pedestrian market. Vendor booths are set up on both sides of the street, and visitors are able to stroll through the traffic- free event.

BNTC oversight is provided by the City of Beaumont. City staff will evaluate each application to ensure that proposed activities meet the purpose and goals mentioned above. 3

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LOCATION AND CONTACTS
Event Location: Beaumont Avenue between Sixth Street and Eight Street Event Hours: Weekly on Thursday 5:00 p.m. to 9:00 p.m.

General information and questions:

City of Beaumont:

Economic Development Department
550 E. 6th Street
Beaumont, CA 92223
Telephone: (951) 769-8520
E -Mail: [email protected]
Web Address: www.BeaumontCA.gov
Seller's Permit:

State Board of Equalization
35-900 Bob Hope Dr., Ste. 280
Rancho Mirage, CA 92270-1768
Telephone: (760) 770-4828
website: www.boe.ca.gov
Health Department:

Riverside County Department of Environmental Health
554 S. Paseo Dorotea
Palm Springs, CA 92264
Telephone: (760) 320-1048
or
4065 County Circle Drive
Riverside, CA 92503
CalFire: Clay Shepard, Fire Safety Supervisor
550 E. Sixth Street
Beaumont, CA 92223
Telephone: (951) 769-8520
cshepard@beaumontcagov
4

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I. PROCESS FOR VENDORS
The following are the steps in the application process:

Submission of a completed business license application and payment of any required fees must be provided at City Hall. Incomplete applications will not be processed.

City Hall office location is listed on the Contacts page. The fees necessary for submission may be paid by cash, money order, credit card (MasterCard, Visa or Discover), or by check made payable to the City of Beaumont; A valid identification with picture shall be required as proof of identity.

Applications must contain the names, addresses, telephone numbers, web address (if applicable) and signatures of the responsible persons.

Review of application by City staff
City staff will screen and review the application.

Rejection of the application
City staff will accept, reject, or recommend modifications to the applicant's application based on the following guideline questions. The City of Beaumont does not discriminate on the basis of race, religion, creed, color, gender, sexual orientation, national origin, or political persuasion. • Does this vendor qualify under the approved BNTC Rules and Regulations? • Are the proposed vendor's merchandise and/or service beneficial to the purpose and goals of BNTC?
• Are the proposed merchandise and/or service unique to BNTC, as opposed to merchandise and/or services already offered at BNTC?
• Is the proposed booth design within the guidelines established by the BNTC? • Has the proposed vendor provided City staff with recent photographs of his/her booth setup, and signage
Upon the approval by City staff and receipt of payment of applicable fees, City staff shall issue a business license allowing participation in BNTC. The new vendor is subject to the availability of spaces within particular categories.
5

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II. APPLICATION PROCESS FOR VENDORS
A. Vendors may be required to submit an application to maintain status as a vendor. City staff will review the history of the applicant, and determine whether or not:

1. The vendor consistently followed the BNTC Rules and Regulations

2. The vendor received prior written warnings

3. BNTC Staff has had complaints about the vendor's products or services

4. The vendor's necessary permits, insurance, and licenses are up-to-date III. FEES AND PERMITS
A. Vendors must remain current with the following documents:

1. City of Beaumont business license

2. Liability insurance, or private insurance with the City of Beaumont named as additional insured

3. Seller's permit

4. Riverside County Health permit (for food service vendors ONLY)

5. Any other local, County, State of Federal licenses or permits as required B. To obtain these permits, see Location and Contacts list on page four.

W. COMPLIANCE WITH FEDERAL, STATE, LOCAL LAWS AND STATUTES The acceptance and use of any selling space at BNTC constitutes an agreement by any and all vendors, and persons helping or working with such vendors, to comply with all BNTC Rules and Regulations and all city, state, and federal laws.

A. BNTC vendors must comply with all federal, state, and local laws and statutes concerning child labor. Unlawful employment of minors, under any federal, state, or local laws is prohibited. Such violation shall be deemed as noncompliance with BNTC Rules and 6

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Regulations.

B. DBMN vendors and their employees must comply with the Americans with Disabilities Act (ADA), which provides for equal access and opportunity for individuals with disabilities in public accommodations.

C. All vendors must understand and comply with any and all federal and state laws relating in any manner to their goods and services. For example, vendors of artwork must understand and comply with all copyright and/or trademark laws that may govern the reproduction and/or sale of such artwork. Not understanding the law will never be an adequate excuse used by vendors for violating a law.

D. Vendors must work professionally, cooperatively, and reasonably with both the customer and BNTC Staff to resolve complaints. Vendors must also fully comply with BNTC Rules and Regulations and are required to sign the acknowledgement contained on the application.

E. Vendors must participate once their space is allocated. BNTC shall proceed as scheduled, unless a weather emergency is declared. There shall be no fee credit given to a vendor if he/she decides not to participate on any night for whatever reason. There also is no fee credit given should BNTC be cancelled due to city holidays, rain, wind, or any other unforeseen circumstances.

F. A vendor who wants to change or add products to his/her approved list must request approval from City staff prior to selling any new items.

G. It is the responsibility of the vendor to notify the City Staff, in writing, no later than the Monday before the next BNTC, if he/she will be absent from that event.

A vendor who fails to notify City staff prior to an absence shall be charged with an unexcused absence. A vendor with one or more unexcused absences in one (1) month period or two (2) or more unexcused absences within a three (3) month period shall be subject to suspension, and possible revocation of his/her participation in BNTC.

H. When a vendor has decided to terminate participation in BNTC, he/she must notify the City staff, in writing, before the first Thursday of the month of the departure. No fee credit or refund shall be given if a vendor notifies City staff of departure after the first Thursday of the month.

I. Sales privileges and spaces cannot be sold, sublet, assigned or transferred. 7

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J. Power cords must be completely taped down to limit liability for the vendor and conform to City of Beaumont safety requirements. Additionally, power cords must take the shortest route from the receptacle to the booth to minimize tripping hazards.

K. Power must be supplied from (quiet generators) as approved by staff.

L. All vendor lighting shall be fluorescent, LED, or low voltage halogen.

M. Crock pots, rice cookers, coffee brewers, electrical skillets, heat lamps, portable air conditioners, portable electrical heaters, etc., or anything a city employee deems to have a large wattage draw, must be provided power by a "quiet generator" approved by staff.

N. All booth lighting shall be confined to the booth and designed to prevent spillage into other booths or glare into the eyes of visitors.

O. No alcoholic beverages are to be consumed or sold within a booth.

P. Merchants' windows may not be obscured at any time by vendors' boards, banners, or other large displays or equipment. Vendors are not allowed to prop up or hang any merchandise on any wall, building, tree or utility pole.

Q. Vendors are not guaranteed a specific booth location. City staff has the authority to assign and reassign spaces. Any vendor requesting reassignment of booth space must notify the staff, in writing. City staff reserves the right to refuse assignment of space to any vendor or applicant.

R. Dimensions of the space allocated to each vendor are approximately twelve feet wide and twelve feet from the curb (12 ft. wide x 12 ft. from curb). Booth height: twelve feet (12 ft.) maximum. Vendors shall not move into the middle of the street with their booths, this is a violation of health and safety regulations.

S. The vendor shall provide maximum visibility and access to merchant businesses that remain open during BNTC hours. Therefore, a vendor's booth height will be a major consideration in booth space allocation. Contact City staff if any booth modification is desired.

T. All trailers need to be approved by the staff and should fit within the BNTC booth dimensions of twelve feet wide and twelve feet from the curb (12 ft. wide x 12 ft. from the curb). One (1) additional booth space may be granted to accommodate a larger trailer subject to space availability. Trailers should be clean and must present an attractive, professional image consistent with the goals and purposes of BNTC.

U. Vendors must stay within their assigned spaces and out of fire lanes at all times. It is the 8

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vendor's responsibility to be aware of the fire lanes.

V. Vendors shall identify their booths with appropriate signage (including business name) within the dimensions of twelve inches in height by eighteen inches in length (12 in. H. x 18 in. L.).

The signage with a drawing, photograph or sample for review by City staff should be included in the application.

W. All tables used within a booth space must be covered. Farmers Market vendors may use table skirts in lieu of full table covers. Covers or table drapes should be neat and clean and should not touch the ground.

X. A weighted canopy is recommended for use by all vendors. Nails or anchors cannot be driven into the pavement, structures, utility poles or trees. A canopy without the top (or a tent) is not allowed to be erected without approval from staff and must serve a viable purpose.

Y. No rolling clothing racks will be allowed without approval from City staff.

Z. Vendors must remove all boxes and containers used in the transportation of their merchandise BEFORE BNTC begins for the evening. Empty boxes may be stored under tables as long as they are NOT visible from all sides (e.g., under a drape).

AA. Vendors must display a valid BNTC permit at all times during setup, operation, and tear down.

BB. If the booth involves food sales, the vendor must clearly display all relevant documents or permits demonstrating compliance with Riverside County Department of Environmental Health regulations.

V. ON -SITE STANDARDS OF CONDUCT
A. BNTC vendors, employees and family members shall be appropriately dressed. Clothing must be neat, clean, in good repair, and appropriate for on the job appearances at all times.

B. No person shall deface or otherwise abuse the downtown buildings, plants, trees, utility poles or city property.

C. No person or business participating in BNTC shall state, imply, or otherwise suggest that the City of Beaumont endorses, sponsors, or supports the views of his/her/its organization, candidate, product, or service.

D. Non -entertainment vendors shall neither use amplified sound nor play music or make loud 9

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noises that can be heard outside their assigned spaces.

E. Vendors shall not solicit customers from outside their selling spaces.

F. Hawking, selling outside of booth, loud, or aggressive behavior is strictly prohibited.

G. Any entertainer performing on the street shall maintain the volume of the music so as not to disturb his/her surrounding vendors.

H. It is each vendor's responsibility to report to the onsite BNTC Staff any hazardous condition they observe in or around the vendor's booth. If the problem cannot be remedied immediately, the vendor shall be relocated temporarily to another space.

I. A vendor who violates a city, county, state, or federal regulation is subject to automatic permit revocation. This includes, but is not limited to, illegal/inappropriate public behavior, traffic regulations, and threats to public safety.

J. Vendors are responsible for the actions of their employees, associates, volunteers and independent contractors working for them. Vendors shall be courteous to other vendors, the public, and BNTC staff.

VI. BOOTH SETUP, LOAD -IN, AND LOAD -OUT PROCEDURES
A. Setup begins one hour prior to the event start time. The city begins barricading the streets at approximately 3:00 p.m.

1. Vendors must not park on the closed street after that time.

2. Vendors may unload vehicles '/2 hour prior to setup onto the sidewalk as long as they do not impede required ADA accessible pathways, safe pedestrian flow or vehicular traffic.

However, they MAY NOT begin to setup or unpack items on the curb.

3. Vendor vehicles may be unloaded and then moved and parked outside of the event perimeter prior to the scheduled event start time.

4. By NO LATER THAN 10:00 p.m. vendors are to be packed up and out of the traffic lanes.

5. A vendor shall be in violation of BNTC procedures if his/her booth is not ready for business at the start of the event, or if he/she closes down before 9:00 p.m., the official end of the event.

6. A vendor shall receive one (1) Vendor Pass for his/her vehicle. The Vendor Pass must be 10

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displayed in the front windshield to gain entry to BNTC. Setup and tear down shall go as follows:

1. Vendors must park their vehicles in their assigned location and unload onto the sidewalk.

2. Vendors must move their vehicles off the street immediately after unloading.

3. Vendors may not set up their booth while their vehicle remains parked on the street.

4. A vendor's canopy or tent must be dismantled and their booth items must be packed up and on the sidewalk before their vehicle is allowed on the street for load -out.

B. Vendors shall enter the closed off sections of Beaumont Avenue from the intersections of Beaumont Avenue and Seventh Street or Beaumont Avenue and Eight Street. Vendor vehicles must follow identified entry and exit routes when entering and leaving the event. Citations shall be issued to violators of these rules.

C. Vendors and their employees shall park outside the perimeters of the event.

D. BNTC vendors who in their application submitted to the City staff have demonstrated a need to park inside the perimeters of the event, and have received approval, may be exempt from (C) above.

E. No vendor shall bring his/her vehicle onto Beaumont Avenue from the time the event has started until the time it ends.

F. BNTC shall notify all vendors, in advance, when changes in event hours go into effect.

G. Vendors must not, at any time, move any traffic control devices, such as barricades, bollards, signs, or delineators. Citations shall be issued to the violators of these rules.

H. Vendors must police all streets, curbs, sidewalks and areas surrounding their booths and remove all litter and stains that result from their activities. When removing or dismantling booth space, all vendors must clean their own spaces of all debris. If a space is left in poor condition, the vendor will be in violation of BNTC procedures and may be charged for any clean-up cost. City will comply with SB1383
VII. EMERGENCY PROCEDURES FOR INCLEMENT WEATHER CONDITIONS A. City Staff shall inform vendors if the event must be canceled due to dangerous weather 11

BEAUMONT
-CALIFORNIA-
conditions.

B. BNTC shall remain open until emergency weather conditions are declared. Vendors are prohibited from driving their vehicles onto the closed street early, or depart early, due to weather conditions, unless directed by the City Staff.

C. The decision to call an emergency shutdown of BNTC is at the exclusive discretion of the City of Beaumont City Manager or their designee.

D. Credit and refunds shall not be given to vendors when weather emergency is declared.

E. When an emergency has been declared, vendors shall immediately cease operations.

F. It is the vendor's responsibility to provide his/her own coverings to protect merchandise and products from weather -related conditions.

VIII. HEALTH, FIRE, AND POLICE REGULATIONS
A. Cooperation with local health, fire, and police departments is essential. Vendors must be aware of and comply with code requirements. Specific questions regarding the interpretation of codes should be directed to the appropriate agency listed in the Location and Contacts list on page four (4).

B. Any furniture or equipment used within the booth space must first be approved by the City staff. Any vendor selling combustible products, using propane or other combustibles, or performing open-air cooking, must provide a fire extinguisher (2A-1 OBC Type) and receive the approval of CalFire.

C. Propane users require a fire department permit. All use of propane in conjunction with cooking, heating, crafting, or demonstrating gas -fueled merchandise, must be pre -approved by the CalFire before a permit can be issued.

IX. COMPLIANCE AND ENFORCEMENT
A. BNTC vendors must comply with BNTC purpose, goals, rules and regulations.

B. BNTC is an event for the enjoyment of citizens and visitors who contribute to the area's tourism industry. Vendors shall not antagonize or offend residents, visitors or other vendors and shall do everything possible to encourage and promote the festive nature of BNTC.

C. Noncompliance with any BNTC rule or regulation, including offensive conduct, or conduct which is noncompliant with the rules, regulations or applicable law is grounds for 12

BEAUMONT
-CALIFORNIA-
suspension or revocation of the BNTC permit.

D. A suspension or permit revocation of the BNTC permit shall be issued by City staff, in writing, specifying the effective date of, and grounds for, the suspension or revocation.

E. Products not approved by BNTC are PROHIBITED. A citation will be issued for violation of rules and regulations, and all noncompliant items must be removed immediately.

F. Vendors who receive more than one written warning shall not be permitted to operate their booth until cleared by City staff.

X. APPEALS FOR APPLICATION DENIAL
A. If an application is denied an appeal may be made, in writing, to the City of Beaumont, City Manager, who shall reconsider the denial. The appeal must be filed within fifteen (15) days of the denial date. The City Manager's decision shall be final.

APPEALS FOR SUSPENSION / REVOCATION
B. Upon suspension or revocation of a BNTC permit, the vendor shall have the right to appeal the suspension or revocation to the City Manager. Such appeal must be made within fifteen (15) days of the issuance of the suspension or revocation, and any such suspension or revocation shall be effective until the time designated in the suspension is exhausted or overturned on appeal. The City Manager shall review the appeal and issue a decision within 5 working days.

The City Manager's decision shall be final.

XI. VENDOR PARTICIPATION & GUIDELINES
Each BNTC vendor must meet the criteria of one of the following categories:

A. GENERAL VENDOR

1. At least twenty-five percent (25%) of any art craft, jewelry or wearable item(s) offered for sale must be the handcrafted work of the artist who will be selling the wares at the booth.

Items that are merely hand -assembled, and comprised only of commercially -available manufactured parts, shall not be considered handcrafted for the purpose of BNTC. The artist must be present unless a representative of the artist has been approved by City staff.

2. A vendor's merchandise shall be reviewed and evaluated according to the goals and guidelines of BNTC. Staff shall also evaluate the quality of the items, raw materials, workmanship, uniqueness, and appropriateness of the items for BNTC. It is within the 13

BEAUMONT
-CALIFORNIA-
discretion of City staff to deny applications based upon these criteria.

3. A vendor may not receive merchandise, directly or indirectly, from any current or former vendor who has been suspended and/or had his/her selling rights terminated.

B. FOOD (PRE-PACKAGED)

1. All pre-packaged Specialty Foods must comply with every state and federal packaging requirements.

2. For the purpose of BNTC, distributors of products are excluded.

C. NON-PROFIT ORGANIZATIONS

1. Applicants shall be assigned space at the event on a first -come, first -served basis and may have that space on a rotational basis at the City's discretion.

2. Nonprofits must provide proof of their current nonprofit [501(c)(3)or(c)(4)] status including nonprofit number. Verification must be provided at the time of application.

3. Nonprofits may pass out informational materials promoting the nonprofit.

4. Nonprofits may accept donations on site.

5. Nonprofits must obtain Department of Justice letter for any raffles conducted at BNTC.

6. Nonprofits may sell event tickets for fundraising events benefiting the nonprofit.

7. Nonprofits may sell merchandise/items at their booth that represents the organization, i.e. calendars, mugs, t -shirts, etc.

8. City sponsored departments or organizations are exempt from nonprofit regulations as approved by City staff.

D. DOWNTOWN RETAIL MERCHANT VENDOR

1. Retail Merchants located within the designated Downtown area shall be allowed to sell items regularly found within their stores.
14

BEAUMONT
-CALIFORNIA-

2. No downtown retail merchant shall be given a preference of location.

3. All items sold at BNTC must be listed and approved City staff.

4. The number of vendors assigned in this category shall not exceed 30% of total number of BNTC vendors on any given month.

E. FOOD SERVICE VENDOR

1. BNTC is intended to be a walk -able event, and not a sit- down dining experience.

2. BNTC food service vendors must comply with requirements imposed by the Riverside County Department of Environmental Health. These requirements include securing and continuously maintaining an annual Riverside County Department of Environmental Health food permit. Please contact City staff for additional information regarding selling food at BNTC.

3. All BNTC food service vendors and all support staff within the booth are required to have a Food Handlers Card on display in the booth.

4. Vendor vehicles must be moved out of the event perimeter prior to commencement of the event.

5. All areas must be kept neat and clean at all times.

6. No food preparation producing smoke may take place unless approved by the City staff.

F. ENTERTAINMENT
Entertainers who wish to perform at BNTC must contact the City staff to be screened and scheduled.

G. THERAPUETIC MASSAGE
The vendor must be a licensed therapist, and each individual therapist or masseuse working in the booth must have his/her own separate City of Beaumont business license. All licenses must be posted inside the booth at all times.
15

BEAUMONT
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H. CORPORATE SPONSORSHIP
A business that does not meet the criteria under any category guidelines may participate in BNTC by becoming a Corporate Sponsor. Examples of potential sponsors include radio stations, newspapers, etc. As a sponsor no direct sales shall be allowed during BNTC.

Interested applicants shall contact City staff for more information regarding sponsorship.

I. COMMERCIAL VENDOR
A business that does not meet the proper criteria under any aforementioned category guidelines may participate in BNTC by becoming a Commercial Vendor. Examples of potential commercial vendors shall include real estate firms, medical/dental offices, and other service businesses. No direct sales shall be allowed during BNTC by these businesses.

Interested applicants shall contact City staff for more information regarding vendor packages.

J. COLLECTABLES VENDOR
The definition for BNTC purposes of a collectable is an item that is worth far more than it appears because of its rarity and/or demand. Common categories of collectibles include antiques, toys, coins, comic books, and stamps.

K. ANTIQUES VENDOR
The definition for BNTC purposes of an antique is any work of art, piece of furniture, decorative object, or the like, created or produced in a former period, or, according to U.S. customs laws, 50 years or more before date of purchase. 16

BEAUMONT
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Staff Report
TO: City Council
FROM: Robert L. Vestal, Public Works Director
DATE March 19, 2024
SUBJECT: Downtown Streetlight Discussion
Description Discussion and direction on downtown streetlight design and installation in support of market night.

Background and Analysis:

On November 1, 2022, City Council adopted the first amendment to the FY23-27 Capital Improvement Plan (CIP) which included creating the Downtown Streetlight Replacement (CIP R-19) project with a budget of $1,000,000 from general funds.

City staff is requesting City Council's direction to use the Downtown Streetlight Replacement project to install street and pedestrian lighting to increase safety and enhance the streets along the downtown market night area.

Option 1- Consultant and Contractor
On February 16, 2024, City staff received a scope and fee from GHD to include a conceptual streetlight design for the Downtown Revitalization project and perform a conceptual lighting design for the downtown market night area. GHD is currently developing the plans for the Downtown Revitalization project. The fee associated with this work is $12,910.

The intent would be for GHD to develop a downtown market night lighting concept that could be scaled to the Downtown Revitalization project. GHD would identify lighting fixture options and layout based on a desktop survey of existing conditions. The deliverable for the downtown market area would be a scaled plot plan. The City would hire another consultant to develop the plot plan into a complete bid package containing plans, specifications, and estimate (PS&E). Subsequent to PS&E's, staff would bid and hire the lowest responsive bidder in accordance with the Beaumont Municipal Code.

Preliminary construction cost is estimated to range from $750,000 to $1,500,000 for the downtown market night area, depending on final fixtures and arrangement. The total project schedule is estimated to be 12-18 months.

Option 2- City Staff
In an effort to provide City Council options and an accelerated schedule, City staff has developed a plan that uses existing decorative downtown streetlight fixtures and a layout that mimics other cities.

Fixtures
Throughout Beaumont's Downtown and Towncenter areas, the City currently uses a combination for standard street lights and decorative post top lights. The standard streetlights consist of a 30-40 foot -tall pole, mast arm, and a luminaire that extend over the street (Figure 1). The post top lights consist of a 15 -foot -tall decorative pole with an acorn -type luminaire (Figure 2).

Figure 1- Standard Streetlight

Figure 2 - Post Top Streetlight
Layout
For the downtown market night area, staff is recommending using both streetlight types to provide a complete lighting plan. The standard streetlighting are more vehicle oriented and will generally occur at intersections and at -250-foot intervals. Standard LED streetlights usually operate at 45-90 watts and produce -5000-9000 lumens. Along Beaumont Avenue, standard streetlights already exist. Staff is not recommending modifying the standard streetlights along Beaumont Avenue or adding any to the surrounding street.

Staff is recommending installing post top streetlights spaced -75-foot intervals on both sides of the street. Post tops streetlights will offer enhanced pedestrian and vehicular lighting. The post top streetlights will be on a separate circuit and can be turned on/off independently from the standard streetlights. The post tops streetlights operate at 40 watts and produce -4300 lumens. Additionally, the post top streetlights can be dimmed within a certain range.

The spacing for post tops streetlights is based on the produced lumens and the desired effect. Staff recently visited two cities that have similar layouts, King Street in Alexandria, VA and Euclid Avenue in Ontario, CA. King Street has a post top streetlight spacing at 30-50 foot intervals but uses a lower lumen per pole (Figure 3 & 4). Euclid Avenue has a post top streetlight spacing of -75-foot intervals (Figure 5).

In addition to Beaumont Avenue, staff is recommending including a portion of Seventh Street, from Beaumont Ave to Magnolia Avenue, and a portion of Magnolia Avenue, from Seventh Street (south) to Seventh Street (north) (Figure 6 and Attachment A). The additional streets provide a safe walking path from available public parking on Magnolia Avenue.

Staff recommends providing a separate electrical circuit with power outlets available to the public market night vendors located in secure (lockable) pedestals at key locations.

The circuit will be based on available capacity and will be limited to 15 -amps (Figure 7).

Staff also recommends installing sidewalk, curb, and accessible ramps as shown on the lighting plan in Attachment A. The new concrete would ensure connectivity through the entire downtown market night area and public parking.

Preliminary construction cost is estimated to be -$500,000 which includes all discussed items. The total project schedule is estimated to be 3-6 months. Staff is capable of completing this project; however, it will reduce the streets maintenance crew by 50% for the duration of construction.

Figure 3 - King Street, Alexandria, VA

Figure 4 - King Street, Alexandria, VA
Figure 5 - Euclid Avenue, Ontario, CA

69ZZ 40 6£ZZ abed
T1
z
L16!N ja)aey uMoJuMoQ - 9
r
ca'
0 v
z
v
(-)
CD

EXISTING STREET LIGHT (STANDARD)

EXISTING STREET LIGHT (POST TOP)
• PROPOSED STREET LIGHT (POST TOP)
C PROPOSED CURB. SIDEWALK. OR RAMP

Figure 7 - Outdoor Power Outlets
Fiscal Impact:

The cost to prepare this staff report is estimated to be $1,000.

All cost associated with the design and installation of downtown streetlighting in support of the downtown market night will be paid from the Downtown Streetlight Replacement (CIP R-19) project. The following is the project accounting summary:

R-19 Downtown Streetlight Replacement Project Accounting Summary Funding Summary
Funding Year
Funding Source
Amount
22/23
General Fund
$1,000,000
Total Project Funding = $1,000,000
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
$50,000
$950,000
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$50,000
$950,000
$0
$0
$0
$0
Project Summary Totals
$1,000,000
$0
$0
$1,000,000
Recommended Action:

Discussion and direction to staff with the following options:
a. Direct staff to engage GHD to design a conceptual lighting plan, or b. Direct staff to install streetlights in conformance with Option 2 and subsequent discussion.

Attachments:

A. Downtown Market Night Streetlight Plan
B. GHD Scope and Fee

EXISTING STREET LIGHT (STANDARD)

EXISTING STREET LIGHT (POST TOP)
• PROPOSED STREET LIGHT (POST TOP)
t:] PROPOSED CURB, SIDEWALK, OR RAMP

320 Goddard, Suite 200
Irvine, CA 92618
www.ghd.com
February 16, 2024
Kyle Warsinski
Economic Development Manager
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
RE: Proposal for additional services for the Downtown Beaumont Revitalization Plan Dear Mr. Warsinski:

GHD appreciates the opportunity to present our proposal for additional services related to pedestrian oriented street lighting concepts for the Downtown Beaumont Revitalization Plan. We understand that the City and Public Works department have a mandate to implement these lighting enhancements in the near term for safety, walkability, urban character, and as an "early win" demonstrating the City's commitment to Downtown. This near -term phase will be approximately two blocks in length and will facilitate regular public street fairs and similar events.

Proposed Scope The work will be added to the existing contract as a new Task, and will proceed as follows:

Subtask 1- Conceptual Pedestrian Lighting for Downtown Revitalization Streetscapes: Determine a generalized streetscape pedestrian lighting strategy with conceptual placement, spacing, and recommended fixture type for Beaumont Ave, 6th Street improvements. Deliverables will include symbology incorporated into the plans already developed for the Downtown study area.

Subtask 2 — Conceptual Lighting Placement for Beaumont Ave between 6th and 8th St: First, confirm that the proposed road reconfiguration allows near -term lighting alignment to coordinate with long term streetscape proposals. Then, determine a recommended conceptual placement of fixtures based on a "desktop" survey of existing conditions. The deliverable will be scaled plot sheets, which may be used for a public bid package, rough costing, utility service coordination, and will inform a PSE effort.

Subtask 3 — Identify Fixture Options: Develop a memo identifying 3 to 4 fixture products of varying type, all appropriate to the proposed urban character of an evolving and revitalized Downtown Beaumont. One option is an "acorn" type used at Orange Ave near the Civic Center and will be provided to GHD by the City. The product options must provide 110 power outlets or voltage/amperage as appropriate to support street fair entertainment and vendors.

The proposed additional fee is based on Subtasks 1 through 3 above. An intended fee was not indicated by the City.

Should the City have additional funds set aside for this task beyond our proposed fee, or should a greater level of service be desired, the GHD team recommends focusing on these additional Subtasks, and will revise this proposal as needed:
- Survey of Existing Conditions to support construction documentation and installation, including below -grade utilities and service capacity.
- Construction Documentation for near -term installation. GHD advises a 30% PSE for a bridging document for bids and initial permitting review, otherwise GHD can provide a 100% PSE.

Pricing Package based on construction documents and coordination with the selected lighting manufacturer. 4 The Power of Commitment

Proposed Fee The team for this additional service and related labor estimate is provided below. We are happy to revise and respond if additional or other services are needed:

Personnel
Jonathan Linkus
Frank Penry
Erick Osorno
Tom Hesse!
Lesley Legaspi
Tori Chesbro
Task Role & Rate (Approx.16% Discount)
Urban Design / PM
Road Design / Task Lead
Electrical Engineering
Streetscape Design Lead
Streetscape Design Team
Administrative
$
180
220
206
180
120
150
Hours Labor
8 2
40 $ 8,240
4 $ 720
16 $ 1,920
1 $ 150
1,440
440
$ 12,910
We look forward to elevating Downtown Beaumont by way of long-term vision and near -term "wins" and agree that this proposed pedestrian street lighting is a good early step. Please contact Jonathan Linkus with any questions regarding this proposal.

Sincerely,
Charles Smith AICP, LEED AP
Project Director
949.585.5257
[email protected]
Jonathan Linkus AICP, LEED AP
Project Manager
949.585.5265
[email protected]

BEAUMONT
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Staff Report
TO: City Council
FROM: Nicole Wheelwright, Deputy City Clerk
DATE March 19, 2024
SUBJECT: Invitation from the City of Banning to Join an Ad -Hoc Committee Regarding the Banning Animal Shelter
Description Mayoral appointment of two Council Members to join the Banning ad -hoc committee.

Background and Analysis:

An email was received from Mayor Pro Tem Rick Minjares from the City of Banning, inviting two Council members to join an ad -hoc committee to discuss the future of the Banning Animal Shelter and potentially create a regional shelter between Morongo, Banning, Beaumont and Cabazon. Staff has reached out to obtain details of the meeting dates and times and will update City Council during the item presentation.

Fiscal Impact:

The estimated cost to prepare this staff report is $75.00.

Recommended Action:

Mayoral appointment of two Beaumont City Council Members to the Banning Animal Shelter Ad -Hoc Committee.

BEAUMONT
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Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
DATE March 19, 2024
SUBJECT: Set Time, Date and Place for Special Workshop
Description Set the time, date and place to review the first draft of the FY2024-2025 budget.

Background and Analysis:

City staff is requesting that the City Council establish the time, date and place for a special workshop. The workshop would be held for City Council discussion and direction on the Fiscal Year 2024-2025 Budget. City staff recommend Tuesday, April 30th at 5:00 PM at City Hall, 550 E 6th St. Beaumont, CA 92223.

Fiscal Impact:

The estimate cost to prepare this report is $50.

Recommended Action:

Establish a time, date and place for a special workshop.

BEAUMONT
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Staff Report
TO: City Council
FROM: Nicole Wheelwright, Deputy City Clerk
DATE March 19, 2024
SUBJECT: Summer Meeting Schedule
Description Determination of any cancellations of meetings during the summer months.

Background and Analysis:

In July of 2021, 2022 and 2023, City Council voted to cancel the first meeting in July due to its proximately to the Independence Day holiday. The same discussion is being presented this evening to determine if there is a consensus to cancel any meeting dates during the summer months. City staff recommends that Council at least consider the July 2 meeting date for cancellation.

Fiscal Impact:

Estimated cost to prepare this report is $50.

Recommended Action:

Discuss and direction to staff.

S:Enp

A T T O R N E Y S
BILLING DEPARTMENT REPLY To:
[email protected] Palm Springs, California
March 5, 2024
CITY OF BEAUMONT PROFESSIONAL SERVICES THRU: 2/29/2024
TOTAL DUE:

Sincerely,

SBEMP, LLP
By: Accounting Department
$119,884.45

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Professional services through: 2/29/2024: Invoice # 85550 Amount
BALANCE DUE — PLEASE SUBMIT PAYMENT: 3 533.75

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA Indian Wells, CA Orange County, CA San Diego, CA T (760) 322-2275
New Jersey New York
T (760) 322- 9240 T (714) 435-9591 T (619) 501-4540 T (609) 955-3393 T (212) 829-4399

SEP

A T T OR N Y S
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
March 4, 2024
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Starlite
Professional services through: 2/29/2024: Invoice # 85552 Amount
BALANCE DUE — PLEASE SUBMIT PAYMENT: §21C329.00

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA Indian Wells, CA Orange County, CA San Diego, CA T (760) 322-2275
New Jersey New York
T (760) 322- 9240 T (714) 435-9591 T (619) 501-4540 T (609) 955-3393 T (212) 829-4399

SEP

A T T OR N Y S
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
March 4, 2024
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Urban Logic
Professional services through: 2/10/2024: Invoice # 85619 Amount
BALANCE DUE — PLEASE SUBMIT PAYMENT: §L4ICK 10

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA Indian Wells, CA Orange County, CA San Diego, CA T (760) 322-2275
New Jersey New York
T (760) 322- 9240 T (714) 435-9591 T (619) 501-4540 T (609) 955-3393 T (212) 829-4399

SEP

A T T OR N Y S
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
March 4, 2024
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Wright
Professional services through: 2/29/2024: Invoice # 85553 Amount
BALANCE DUE — PLEASE SUBMIT PAYMENT: 1 542.30

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA Indian Wells, CA Orange County, CA San Diego, CA T (760) 322-2275
New Jersey New York
T (760) 322- 9240 T (714) 435-9591 T (619) 501-4540 T (609) 955-3393 T (212) 829-4399

SEP

A T T OR N Y S
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
March 4, 2024
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont -Gen Lit
Professional services through: 2/29/2024: Invoice # 85554 Amount
BALANCE DUE — PLEASE SUBMIT PAYMENT: 4 345.00

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA Indian Wells, CA Orange County, CA San Diego, CA T (760) 322-2275
New Jersey New York
T (760) 322- 9240 T (714) 435-9591 T (619) 501-4540 T (609) 955-3393 T (212) 829-4399

SEP

A T T OR N Y S
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
March 4, 2024
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont-Labor&Employ
Professional services through: 2/29/2024: Invoice # 85555 Amount
BALANCE DUE — PLEASE SUBMIT PAYMENT: 119.50

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA Indian Wells, CA Orange County, CA San Diego, CA T (760) 322-2275
New Jersey New York
T (760) 322- 9240 T (714) 435-9591 T (619) 501-4540 T (609) 955-3393 T (212) 829-4399

SEP

A T T OR N Y S
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
March 4, 2024
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont-OverRetainer
Professional services through: 2/29/2024: Invoice # 85556 Amount
BALANCE DUE — PLEASE SUBMIT PAYMENT: §2 2C :)

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA Indian Wells, CA Orange County, CA San Diego, CA T (760) 322-2275
New Jersey New York
T (760) 322- 9240 T (714) 435-9591 T (619) 501-4540 T (609) 955-3393 T (212) 829-4399

SEP

A T T OR N Y S
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
March 4, 2024
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont -Retainer
Professional services through: 2/29/2024: Invoice # 85557 Amount
BALANCE DUE — PLEASE SUBMIT PAYMENT: §1500.00

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA Indian Wells, CA Orange County, CA San Diego, CA T (760) 322-2275
New Jersey New York
T (760) 322- 9240 T (714) 435-9591 T (619) 501-4540 T (609) 955-3393 T (212) 829-4399

FY 2024
Beginning Fund Estimated
Balance Revenues

PROPRIETARY/ENTERPRISE FUNDS
February FYTD 2024 Actual
Activity Revenues
FY 2024
Budgeted
Expenditures
February
Activity
FYTD 2024
Actual % T/D Ending Fund
Expenditures Balance
840 Community Facilities District (202,817,899.71) 18,442,029.00 129,342.55 11,906,894.15 65% 18,442,029.00 16,500,723.25 0% (207,411,728.81) 860 Evidence 2,472.14 - 114.22 718.16 - 25.00 3,165.30
TOTALS (202,815,427.57) 18,442,029.00 129,456.77 11,907,612.31 65% 18,442,029.00 - 16,500,748.25 89% (207,408,563.51)

FY 2024 Budgeted February
Beginning Fund Balance Revenues Activity
FYTD 2024 Actual
Receipts
FY 2024 Budgeted
Expenditures
February
Activity
FYTD 2024 Actual
Disbursements
T/D Ending Fund
Balance

GOVERNMENTAL FUNDS
100 GENERAL FUND 35,456,303.91 67,853,103.00 10,248,805.23 38,237,004.14 56% 75,559,564.00 2,842,685.95 30,262,653.86 40% 43,430,654.19 120 SELF INSURANCE 6,329,219.38 445,000.00 24,196.93 397,726.58 0% 70,000.00 68,400.94 0% 6,658,545.02 200 GAS TAX - 1,566,996.00 125,569.72 1,068,964.58 68% 1,566,996.00 783,523.00 50% 285,441.58 201 SB1 2,329,870.55 1,353,950.00 146,421.64 850,914.57 63% 2,018,738.00 (25.00) 0% 3,180,810.12 202 MEASURE A 2,895,980.53 743,600.00 100,849.80 524,832.80 71% 2,264,528.00 75,924.48 3% 3,344,888.85 205 AQMD 267,785.11 72,300.00 17,302.41 41,523.20 57% 90,000.00 86,834.10 0% 222,474.21 210 PEG 35,711.17 19,238.00 4,314.96 22% 14,630.00 - 4,566.70 31% 35,459.43 215 CDBG/GRANTS (407,984.19) 4,183,450.00 14,262.67 60,986.42 1% 4,981,581.00 627,267.47 13% (974,265.24) 220 COPS 523,785.60 159,459.00 - 136,244.56 85% 171,992.00 - 146,481.26 85% 513,548.90 225 ASSET SEIZURES (STATE) 294,397.72 685.34 4,019.22 0% 25.00 0% 298,391.94 230 ASSET SEIZURES (FEDERAL) 59,719.24 16.32 38,458.77 0% 0% 98,178.01 240 OTHER FUNDS 409,241.73 72,839.00 19,752.47 60,208.22 83% 164,970.00 35,747.56 78,353.57 47% 391,096.38 250 CFD-ADMIN 1,329,821.12 1,802,415.00 7,659.17 31,747.43 2% 1,854,890.00 148,683.28 8% 1,212,885.27 255 CFD-MAINTSVCS 70,092.92 3,950,426.00 24,853.16 2,615,615.94 66% 4,851,993.00 361,382.21 7% 2,324,326.65 260 CFD-PUBLIC SAFETY 197,521.59 1,086,506.00 5,682.56 822,504.45 76% 1,086,506.00 - 0% 1,020,026.04 500 GENERAL CAPITAL PROJECTS 39,101,617.32 117,960,732.00 8,376.49 12,599,496.93 11% 115,593,732.00 2,877,719.36 19,240,500.73 17% 32,460,613.52 510 CFD CAPITAL PROJECTS 13,214,314.25 1,058,869.00 - 241,275.25 0% 10,487,937.00 526,412.67 0% 12,929,176.83 550 DIF 6,728.22 - 120.16 0% - - 0% 6,848.38
552 BASIC SERVICES DIF 1,703,433.15 238,218.00 19,644.75 161,859.00 68% 813,664.00 698,664.34 0% 1,166,627.81 554 GENERAL PLAN DIF 231,129.48 27,953.00 1,900.00 16,622.94 59% - 0% 247,752.42 555 RECREATIONAL FACILITIES DIF 2,500,479.58 391,556.00 30,654.11 276,349.61 71% 900,000.00 0% 2,776,829.19 556 TRAFFIC IMPACT DIF 1,371,765.82 174,068.00 11,601.02 119,468.60 69% 984,378.00 - 101,942.71 10% 1,389,291.71 558 RAILROAD CROSSING DIF 2,809,846.12 195,490.00 12,467.04 149,177.32 76% 773,561.00 - 210,616.62 0% 2,748,406.82 559 POLICE FACILITIES DIF 1,874,579.00 282,666.00 23,043.21 172,018.09 61% 1,515,854.00 - 35,746.97 0% 2,010,850.12 560 FIRE STATION DIF 5,799,822.34 354,691.00 23,190.95 271,554.49 77% 4,700,000.00 - 1,959,443.11 0% 4,111,933.72 562 ROAD AND BRIDGE DIF 12,090,362.68 1,388,471.00 105,621.76 4,826,614.02 348% 12,641,021.00 - 1,721,257.02 0% 15,195,719.68 566 EMERGENCY PREPAREDNESS DIF 806,387.02 344,446.00 27,725.94 183,300.38 53% - - 0% 989,687.40 567 COMMUNITY PARK DIF 2,981,755.80 624,440.00 86,743.10 288,103.05 46% 2,414,828.00 - 0% 3,269,858.85 568 REGIONAL PARK DIF 1,977,512.20 - - 35,252.77 0% 1,871,479.00 37,994.24 0% 1,974,770.73 569 NEIGHBORHOOD PARK DIF 3,770,090.08 756,574.00 104,973.28 351,538.83 46% 1,349,000.00 - 0% 4,121,628.91 570 PASS THROUGH DIF 6,882,593.93 - 0% 9,758,000.00 1,627,900.03 0% 5,254,693.90 850 Beaumont Financing Authority 35,953,179.63 3,080,846.00 - 2,515,397.96 82% 3,080,846.00 - 2,428,021.90 0% 36,040,555.69 855 Beaumont Public Improvement Authori 47,777,680.32 3,023,346.00 - 2,723,295.94 90% 3,023,346.00 - 2,723,125.97 0% 47,777,850.29 TOTALS 140,031,289.44 207,107,456.00 64,587,817.28 31% 264,604,034.00 63,955,697.18 24% 147,442,457.44

FY 2024
Beginning Fund Estimated
Balance Revenues

PROPRIETARY/ENTERPRISE FUNDS
February FYTD 2024 Actual
Activity Revenues
FY 2024
Budgeted
Expenditures
February
Activity
FYTD 2024
Actual % T/D Ending Fund
Expenditures Balance
564 RECYCLED WATER DIF 4,119,073.25 442,851.00 29,892.32 539,169.05 122% 3,972,634.00 - (18,895.87) 0% 4,677,138.17 600 INTERNAL SERVICE FUND 8,359,174.89 1,814,483.00 - 1,019,031.75 56% 7,140,037.00 7,712.03 1,305,019.74 18% 8,073,186.90 700 WASTEWATER 7,574,329.71 13,461,665.00 94,694.03 7,323,136.42 54% 13,765,222.36 527,106.15 8,134,334.50 59% 6,763,131.63 705 WASTEWATER DIF 9,714,063.78 2,172,351.00 282,052.17 1,984,378.67 91% 9,435,221.00 121,476.53 1% 11,576,965.92 710 WASTEWATER CAPITAL PRO 107,266,694.48 24,277,012.00 - 3,654,844.41 15% 24,548,883.00 178,376.55 3,995,792.70 16% 106,925,746.19 750 TRANSIT (75,904.84) 3,032,770.00 252,223.24 2,468,758.37 81% 3,032,769.24 183,875.48 1,774,249.47 59% 618,604.06 755 Transit GASB 68 Fund 512,421.35 - - - 0% - - - 0% 512,421.35 760 TRANSIT CAPITAL PROJECTS 2,515,106.61 14,151,692.00 1,363,138.70 1,458,004.98 10% 14,151,692.00 1,278,813.07 1,489,012.22 11% 2,484,099.37 TOTALS 139,984,959.23 59,352,824.00 2,022,000.46 18,447,323.65 31% 76,046,458.60 2,175,883.28 16,800,989.29 22% 141,631,293.59

Notice of Vacancies for City of Beaumont Boards and Commissions The Beaumont City Council is seeking to fill six (6) vacancies on the Beaumont Financial and Audit Committee, Economic Development Committee and the Planning Commission.

Financial and Audit Committee: Seeking applications to fill one (1) vacancy for a partial term through December 2025 for the following position:
• Resident/Business Owner Member — 1 seat available
This position shall either be a resident and/or must own a business operating within the City of Beaumont.

The Committee meets on a quarterly basis on the fourth Monday of the month at 6:00 p.m. to review financial reports and be the oversight of finance related items as directed by City Council. This is a non - compensated position.

Economic Development Committee: Seeking applications to fill four (4) vacancies for a term of two (2) years consisting of the following positions:
• Beaumont Business Community Member — 1 seat available • Industry Expert — 1 seat available
• Alternate Member — 2 seats available
These positions shall either be residents and/or own or represent a business operating within the City.

The Committee meets regularly on the second Wednesday of each month at 4:00 p.m. to discuss and act in an advisory capacity to develop an Economic Development Strategic Plan for growth and recommend a vision for the future of Beaumont. This is a non -compensated position.

Planning Commission: Seeking applications to fill one (1) seat for a partial term through December 2024 for the following position:
• Commissioner — 1 seat available
This position must be a resident.

The Committee meets regularly on the second Wednesday of each month at 4:00 p.m. The Planning Commission instructs the Community Development Department to exercise administrative duties where applicable including the determination of plot plans, variances and conditional use permits. The Commission conducts public hearings to consider and make recommendations to the City Council regarding general plan amendments, zone changes, zone variances, and specific plans, tentative parcel maps and tentative tract maps. The Commission considers appeals of determinations made by the Community Development Director regarding site plan reviews, signage plans, and temporary use permits.

This position is compensated with a stipend of $50 per month.

Applications are available online at www.BeaumontCa.gov under Committees and Commission. The Beaumont City Council will conduct a review of applicants at its regularly scheduled meeting on Tuesday, April 16, 2024, at 6:00 p.m. Completed applications received by 5:00 p.m. on Thursday, April 4, 2024, will be considered. Questions regarding the application process may be directed to the Deputy City Clerk at (951) 572-3196.