CITY COUNCIL CLOSED & REGULAR SESSION
AGENDA
Beaumont Financing Authority
Beaumont Successor Agency (formerly RDA)
Beaumont Utility Authority
Beaumont Parking Authority
Beaumont Public Improvement Authority
Community Facilities Districts: 93-1, 2016-1, 2016-2, 2016-3, 2016-4, 2019-1, 2021-1, 2022-1, and 2023-1
Tuesday, September 3, 2024
Closed Session: 4:30 PM Regular Meeting: 6:00 PM
550 E. Sixth Street, Beaumont, CA
Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk’s office at 550 E. 6th Street during normal business hours.
MEETING PARTICIPATION NOTICE
This meeting will will be recorded for live streaming as well as open to public attendance. Please use the following link during the meeting for live stream access: beaumontca.gov/livestream Public comments will be accepted using the following options.
1. Written comments will be accepted via email and will be read aloud during the corresponding item of the meeting. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council. Comments can be submitted anytime prior to the meeting as well as during the meeting up until the end of the corresponding item. Please submit your comments to:
[email protected] with "Public Comment" in the subject line.
2. Phone-in comments will be accepted by joining a conference line prior to the corresponding item of the meeting. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council. Please use the following phone number to join the call (951) 922 - 4845.
3. In-person comments are accepted by notifying the City Clerk using a provided Request to Speak Form prior to the start of the Public Comment Period. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council.
In compliance with the American Disabilities Act, if you require special assistance to participate in this meeting, please contact the City Clerk's office using the above email or call (951) 572 - 3196.
Notification 48 hours prior to a meeting will ensure the best reasonable accommodation.
Pages
CLOSED SESSION
A.CALL TO ORDER
Mayor Fenn, Mayor Pro Tem Lara, Council Member Voigt, Council Member White, Council Member Martinez
B.PUBLIC COMMENTS REGARDING CLOSED SESSION
B.1 Conference with Legal Counsel Regarding Potential Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4)
3 Potential Cases
B.2 Conference with Labor Negotiators Pursuant to Government Code Section 54957.6.
Agency Designated Representative: City Manager Elizabeth Gibbs or her designee.
Employee Organizations: Police Officers Association; SEIU; and Unrepresented Employees: Chief of Police, Community Services Director and Manager Professional Technical
B.3 Public Employee Performance Evaluation Pursuant to Govt Code Section 54957
Title: City Manager
B.4 Conference with Labor Negotiators Pursuant to Government Code Section 54957.6.
Agency Designated Representatives: Mayor David Fenn and Councilmember Jessica Voigt.
Unrepresented Employee: City Manager
B.5 Conference with Legal Counsel Regarding Anticipated/Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) and/or (2) and/or (3)
Worker's Compensation Case Nos. 4A2308GPQX4-0001 and
4A2308GPQJH-0001
B.6 Conference with legal counsel - significant exposure to litigation- pursuant to government code section 54956.9(d)(2) and/or (3) One Potential Case Involving Claim by L.L., an Individual v. City of Beaumont, et al.
C.ADJOURNMENT TO CLOSED SESSION
REGULAR SESSION
D.CALL TO ORDER
Mayor Fenn, Mayor Pro Tem Lara, Council Member Voigt, Council Member White, Council Member Martinez
Report out from Closed Session
Action on any Closed Session Items
Action of any Requests for Excused Absence
Invocation
Pledge of Allegiance
Adjustments to the Agenda
Conflict of Interest Disclosure
E.ANNOUNCEMENTS / RECOGNITION / PROCLAMATIONS /
CORRESPONDENCE
E.1 Introduction of New City Staff
F.PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA)
Any one person may address the City Council on any matter not on this agenda.
If you wish to speak, please fill out a “Public Comment Form” provided at the back table and give it to the City Clerk. There is a three (3) minute time limit on public comments. There will be no sharing or passing of time to another person.
State Law prohibits the City Council from discussing or taking actions brought up by your comments.
G.CONSENT CALENDAR
Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. Approval of all Ordinances and Resolutions to be read by title only.
G.1 Ratification of Warrants 6
Recommended Action:
Ratify Warrants dated:
08.09.2024
G.2 Approval of Minutes 32
Recommended Action:
Approve Minutes dated August 20, 2024
G.3 Improvement Agreement and Security 43
Subdivision Improvement Agreement and Security for Plot Plan 2018- 0119 for Public Works Street Improvements for project Beaumont Landing.
Recommended Action:
Approve Subdivision Improvement Agreement for Plot Plan 2018-0119 for Street Improvement.
G.4 Performance Bond Exoneration and Survey Monuments 142 Performance bond exoneration for street improvements associated with Tract Map No. 31462, and survey monuments associated with Tract Map No. 27971-10, Tract Map No. 27971-1, Tract Map No. 27971-11, and Tract Map No. 27971-12
Recommended Action:
Authorize City staff to issue a Bond Exoneration Letter for Performance and Payment Bonds for (Project / Bond Number / Improvement):
Tract Map No. 31462 / 1001124448 / Street•
Tract Map No. 27971-10 / CMS0348855 / Monumentation•
Tract Map No. 27971-1 / 1155908 / Monumentation•
Tract Map No. 27971-11 / CMS048856 / Monumentation•
Tract Map No. 27971-12 / CMS048857 / Monumentation•
H.YOUTH COUNCIL REPORT
Beaumont Youth Council Report Out and City Council Direction I.PUBLIC HEARINGS
Approval of all Ordinances and Resolutions to be read by title only.
I.1 Public Hearing to Adopt Urgency Ordinance Regarding Homeless Encampments
360
Ordinance establishing clear policies to urgently address homeless encampments.
Recommended Action:
Hold a Public Hearing and adopt effective immediately if passed by a four-fifths vote, “An Urgency Ordinance of the City of Beaumont, California, Adding Chapter 9.43 ‘Camping’ to the Beaumont Municipal Code and Amending Certain Provisions of Chapter 10.08 Related to ‘Parking’”.
J.ACTION ITEMS
Approval of all Ordinances and Resolutions to be read by title only.
J.1 Beaumont-Cherry Valley Water District Annual Encroachment Cooperative Agreement
371
Establish an Annual Encroachment Cooperative Agreement (Annual Permit) for Beaumont-Cherry Valley Water District (BCVWD) regarding right-of-way encroachments and pavement restoration.
Recommended Action:
Authorize the City Manager to execute the City of Beaumont & Beaumont Cherry Valley Water District Cooperative Agreement Regarding Right-of- Way Encroachments & Pavement Restoration.
J.2 Re-Appropriation of Fiscal Year 2024 Unexpended Expenditures and Project Funding Rollovers
402
Approval to reappropriate unexpended expenditures and project rollovers.
Recommended Action:
Approve the proposed reappropriation of General Fund expenditures and other funds in the amount of $1,515,440 and the rollover of all open prior year projects.
J.3 Downtown Grease Trap Improvement Program – Funding Agreement – 410 E. Sixth Street (ED2024-0003)
406
Consideration of a Funding Agreement for installation of a grease interceptor at the property located at 410 E. Sixth Street.
Recommended Action:
Approve the Funding Agreement with David Shimshon for Grease Trap Improvements for the property located at 410 E. Sixth Street.
J.4 Fee Waiver Request for a Minor Special Event 415
Consideration of a Resolution for a fee waiver request for HCN Bank’s Annual Trunk or Treat Event for Special Event application and Temporary Sign Permit PLAN2024-0093. Strategic Plan Target #5 – Quality of Life/Well-Being, Priority Level 2, Goal #5 Increase community events, arts and culture.
Recommended Action:
Approve by title only, “A Resolution of the City of Beaumont Authorizing the Waiver of the Minor Special Event Permit Application Deposit and Temporary Sign Permit Fee for the Annual HCN Bank Trunk or Treat Event”.
K.LEGISLATIVE UPDATES AND DISCUSSION
K.1 2024 Legislative Updates - Public Safety 433
L.ECONOMIC DEVELOPMENT UPDATE
Economic Development Committee Report Out and City Council Direction M.CITY TREASURER REPORT
Finance and Audit Committee Report Out and City Council Direction N.CITY CLERK REPORT
O.CITY ATTORNEY REPORT
P.CITY MANAGER REPORT
Q.FUTURE AGENDA ITEMS
Assessment for the need for additional community center(s) (Future)• Annexation Agreement with the County (Future)•
Report of City-owned properties (September)•
Structural integrity of truck routes (Future)•
Business Incentive Program options (September)•
R.COUNCIL REPORTS
Martinez
White
Voigt
Lara
Fenn
S.ADJOURNMENT
The next regular meeting of the Beaumont City Council, Beaumont Financing Authority, the Beaumont Successor Agency (formerly RDA), the Beaumont Utility Authority, the Beaumont Parking Authority and the Beaumont Public Improvement Agency is scheduled for Tuesday September 17, 2024, at 6:00 p.m. unless otherwise posted.
1 CITY COUNCIL CLOSED & REGULAR SESSION
MINUTES
August 20, 2024
Closed Session: 4:30 PM Regular Meeting: 6:00 PM
550 E. Sixth Street, Beaumont, CA
Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk’s office at 550 E. 6th Street during normal business hours _____________________________________________________________________
CLOSED SESSION
A. CALL TO ORDER at 4:30 p.m.
Present: Mayor Fenn, Mayor Pro Tem Lara, Council Member Voigt (at 4:40pm), Council Member White, Council Member Martinez
B. PUBLIC COMMENTS REGARDING CLOSED SESSION
B.1 Conference with Legal Counsel Regarding Potential Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4).
3 potential cases
Case 1: No reportable action
Case 2: No reportable action
Case 3:
Motion by Council Member Voigt
Second by Mayor Pro Tem Lara
To initiate a lawsuit to secure the City’s interest in the Seneca Springs Lift Station.
B.2 Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
2 Property: Approximately 52 acres of vacant land described as APN 417- 020-034.
Agency Negotiator: City Manager Elizabeth Gibbs or her designee.
Negotiating Parties: City of Beaumont as potential Seller and Enterprise One, Inc as potential purchaser.
Under negotiation: Price and Terms.
No reportable action
B.3 Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
Property: Approximately 6.26 acres of vacant land described as North of West 4th street and South of SR 60 and East of Beaumont Crossroads Logistics with APN 424-010-007.
Agency Negotiator: City Manager Elizabeth Gibbs or her designee.
Negotiating Parties: City of Beaumont as potential Purchaser and LASSEN DEVELOPMENT PARTNERS, LLP, a Delaware limited liability partnership as seller.
Under negotiation: Price and Terms.
No reportable action
B.4 Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
Property: Property described as vacant land with APN Numbers: 418- 091-013, 014, 015 and a portion of 016 located North of 5th street and West of Edgar in Beaumont, CA.
Agency Negotiator: City Manager Elizabeth Gibbs or her designee.
Negotiating Parties: City of Beaumont as potential purchaser and Doug Jones as potential seller.
Under negotiation: Price and Terms.
No reportable action
B.5 Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
Property: Approximately 30 acres of vacant land described as APN 404- 140-007.
Agency Negotiator: City Manager Elizabeth Gibbs or her designee.
Negotiating Parties: City of Beaumont as potential purchaser and Silva Family Trust and Bianchi Properties Limited as potential seller.
Under negotiation: Price and Terms.
No reportable action
B.6 Conference with legal counsel - significant exposure to litigation- pursuant to Government Code Section 54956.9(d)(2) and/or (3)
One potential case.
3 No reportable action
C. ADJOURNMENT TO CLOSED SESSION
REGULAR SESSION
D. CALL TO ORDER at 6:15 p.m.
Present: Mayor Fenn, Mayor Pro Tem Lara, Council Member Voigt, Council Member White, Council Member Martinez
Report out from Closed Session
Action on any Closed Session Items
Action of any Requests for Excused Absence
Invocation
Pledge of Allegiance
Adjustments to the Agenda: Move Items J3 and J7 after I3. Pull Item G10 Conflict of Interest Disclosure: Voigt has a conflict of interest with Items G11, I3, J3, and J7
E. ANNOUNCEMENTS / RECOGNITION / PROCLAMATIONS /
CORRESPONDENCE
Introduction of Battalion Chief Ryan Dutton
Introduction of Economic Development Manager Joel Belding
F. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA)
No comments
G. CONSENT CALENDAR
Voigt has a conflict of interest with item G.11 and will recuse if discussed.
Item G.10 pulled and tabled for a future meeting.
Motion by Council Member White
Second by Council Member Lara
To approve Items G1-G9 and G11
Approved by a unanimous vote
G.11 – Abstain: Voigt
4 G.1 Ratification of Warrants
Ratify Warrants dated:
06.28.2024
07.03.2024
07.15.2024
07.22.2024
07.29.2024
G.2 Approval of Minutes
Approve Minutes dated July 16, 2024.
G.3 Resolution to Adopt the FY23 State Homeland Security Program Request to approve the Resolution to Adopt the FY23 State Homeland Security Program Grant Award for the City of Beaumont.
Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont, California, Authorizing Certain City Officials of the City of Beaumont or Designee to Accept the Fiscal Year 2023 Award in the Amount of Seven Thousand Eight Hundred Fifty-Nine Dollars ($7,859), Grant No. 2023-0042 and to Authorize all Documents in the Furtherance Thereof.”
G.4 Adopt a Resolution Authorizing the Mayor and the Chief of Police to Sign a Federal Equitable Sharing Agreement that Will Allow the City to Receive Federally Forfeited Assets from Adjudicated Cases, Pursuant to the Federal Equitable Sharing Program
Adopt a Resolution Authorizing the Mayor and the Chief of Police to Execute a Federal Equitable Sharing Agreement.
Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont Authorizing the Mayor and the Chief of Police to Execute a Federal Equitable Sharing Agreement.” G.5 Authorize the City Manager to Sign an Assignment Consent Letter for Public Trust Advisors, LLC Ownership Structure Change
Authorize the City Manager to sign an Assignment Consent Letter to consent to the City’s Investment Advisors, Public Trust, LLC, to contributing equity ownership in Public Trust in exchange for equity ownership of TA PMA Holdings, LLC.
Authorize the City Manager to sign the Assignment Consent Letter for Public Trust Advisors, LLC ownership structure change.
G.6 FY2023-2024 4th Quarter Budget Update and Financial Status Report
5 Receive a report on the status of the City’s budget and financial status as of June 30, 2024, and approve recommended budget adjustments.
Receive and file report, and;
Approve recommended budgets adjustments as outlined in
Attachment B
G.7 City of Beaumont Accounts Receivable as of June 30, 2024 Accounts Receivable Balances at Fiscal Year End.
Receive and file.
G.8 FY2023-2024 4th Quarter Investment Report
FY2023-2024 investment activity report for the months of April through June 2024.
Receive and file report.
G.9 Acceptance of Dedication of Parcel – Mesa Lift Station Accept dedication of parcel for the Mesa Lift Station and the Mesa Lift Station Upgrade Project.
Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont, California, Accepting Parcel for Mesa Lift Station (Parcel B as Shown on Parcel Map No. 31368, Recorded In Book 229 of Parcel Maps, In Pages 46-53, Inclusive, Riverside County Records).”
G.11 Tri Pointe Bond Exoneration
Performance bond exonerations for Tract Map No. 31468-6, and Tract No. 34290. Maintenance bond exonerations for Tract Map No. 31468-5, and Tract No. 31468-7.
Accept the public improvements, authorize the Mayor to sign the Certificate of Acceptance, and authorize city staff to issue a bond exoneration letter for Performance and Maintenance Bonds for (Project / Bond Number / Improvement):
• Tract Map No. 31468-6 / 5022637 / Street
• Tract Map No. 34290 / 52BSBDL9439 / Street and Storm Drain • Tract No. 31468-5 / 5022636-M / Street & Storm Drain
• Tract No. 31468-7 / 82296452-M / Street, Storm Drain & Sewer
H. YOUTH COUNCIL REPORT
6 Recruitment period is open.
I. PUBLIC HEARINGS
Approval of all Ordinances and Resolutions to be read by title only.
I.1 Public Hearing and Consideration of Proposed Amendments to the Beaumont Municipal Code Chapter 9.03 “Regulations of Special Events”, “Definitions” Section 9.03.020.I. (PLAN2024-0064)
Recommended amendments to the Beaumont Municipal Code Section
9.03.020.I.1 and 9.03.020.I.2 related to definitions for major and minor special events to be consistent with the current fee schedule.
Public Hearing opened at 6:25 p.m.
No comments
Motion by Mayor Fenn
Second by Mayor Pro Tem Lara
Continue the public hearing to a future date to allow staff additional time to propose CPI adjustments to the fee schedule.
Approved by a unanimous vote
I.2 Public Hearing of Tentative Parcel Map 38953 (PM2024-0003) for Consideration of a Finance and Conveyance Map to Subdivide 110.19 Acres into Six (6) Parcels, located in Planning Area 20 of the Oak Valley & SCPGA Golf Course Specific Plan. APN: 413-790-010
An application for a Tentative Parcel Map 38953 for Consideration of a Finance and Conveyance Map located in Planning Area 20 of the Oak Valley & SCPGA Golf Course Specific Plan.
Public Hearing opened at 6:29 p.m.
M. Lopez - Spoke to a concern of recently purchasing a home with a view lot and is now being built behind.
Public Hearing closed at 6:32 p.m.
Motion by Council Member White
Second by Mayor Pro Tem Lara
To a pprove Tentative Tract Map No. 38953 (PM2024-0003) subject to the Development Agreement and the attached conditions of approval; and
Direct staff to prepare a Notice of Determination for the Applicant to file with the Riverside County Clerk Recorder.
7 Approved by a unanimous vote
I.3 Public Hearing and Consideration of a Resolution for the First Amendment to the City’s FY 2025-2029 Capital Improvement Plan
Approval of a Resolution to amend the five-year FY 2025-2029 Capital Improvement Plan (CIP).
Council Member Voigt recused for Items I.3, J.3. and J.7 Public Hearing opened at 6:43 p.m.
No comments
Public Hearing closed at 6:43 p.m.
Motion by Council Member White
Second by Mayor Fenn
To w aive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont Amending the Five-Year Capital Improvement Plan for Fiscal Years 2025-2029”; and
Approve a budget adjustment in the amount of $1,700,000.
Approved
J. ACTION ITEMS
J.3 Authorization to Issue a Purchase Order to the County of Riverside in an Amount Not to Exceed $1,383,753 for the Purchase of a Smeal Type 1 Pumper Fire Engine – Capital Improvement Project (CIP) No. F25-02 Purchase of a fire engine to add to the City’s fleet.
Motion by Council Member Martinez
Second by Mayor Pro Tem Lara
Approve a purchase order to the County of Riverside in an amount not to exceed $1,383,753 for the purchase of a Smeal Type 1 Pumper Fire Engine allocated to Capital Improvement Project No. F25-02.
Approved
Ayes: Martinez, White, Lara, Fenn
Recused: Voigt
J.7 Approve Purchase Order Change Order for the County of Riverside Fire Department in the Amount of $440,444
Change order in the amount of $440,444 for Fire Services.
Motion by Mayor Pro Tem Lara
Second by Council Member Martinez
8 To a pprove purchase order change order for the County of Riverside Fire Department in the amount of $440,444.
Approved
Ayes: Martinez, White, Lara, Fenn
Recused: Voigt
J.1 Traffic Impact Analysis Guidelines
Approve the Traffic Impact Analysis (TIA) Guidelines.
Motion by Council Member White
Second by Council Member Voigt
To approve the Traffic Impact Analysis Guidelines performed by Fehr and Peers, dated August 2024, and direct staff to develop an implementation and enforcement policy for future consideration.
Approved by a unanimous vote
J.2 Truck Route Study
Results of the Truck Routing Study and Recommended Improvements.
Motion by Council Member Voigt
Second by Mayor Fenn
To a pprove the Truck Route Study performed by Fehr and Peers, dated August 2024, and direct staff to develop an implementation and enforcement policy for future consideration.
Approved by a unanimous vote
J.4 Discussion and Direction on the Future Use of the City-owned Facility Located at 500 Grace Avenue and Update on the Surplus Land Act City Council requested that staff bring forth an item for discussion and direction.
Direction to staff to create a building assessment report.
J.5 Approve a Two-Year Service Contract with Flock Safety in an Amount Not- to-Exceed $225,900
Request to approve a two-year service contract with Flock Safety for the addition and service of 36 additional Flock cameras.
9 Motion by Council Member Voigt
Second by Mayor Pro Tem Lara
To a pprove the two-year service contract with Flock Safety for a total of $225,900; authorize the City Manager to execute the contract on behalf of the City; and authorize a purchase order in an amount not to exceed $117,900 for FY 2024-2025.
Approved by a unanimous vote
J.6 Approve Professional Services Agreement with Avenu Insights & Analytics for Tax Compliance Auditing Services
Strategic Plan – Level #2, Target #4, Goal #3 – Develop a strategy for revenue development.
Motion by Mayor Pro Tem Lara
Second by Mayor Fenn
Approve a Professional Services agreement with Avenu Insights & Analytics in an amount not to exceed $157,625 for a three-year period.
Approved by a unanimous vote
J.8 Purchase Order for Scott Fazekas & Associates in an Amount Not-to- Exceed $250,000
To approve a purchase order for Scott Fazekas & Associates (SFA) for plan check services.
Items J.8 and J.9 were taken in one action.
Motion by Council Member White
Second by Council Member Martinez
Approve a purchase order in the amount of $250,000 for Scott Fazekas & Associates.
Approved by a unanimous vote
J.9 Authorize a Five Year Copier Agreement with Konica Minolta City-wide leasing of multi-function copiers.
Authorize the City Manager to execute a five-year Premier Advantage Agreement and Lease Schedule A with Konica Minolta for an amount not to exceed $352,560.00.
10 J.10 Summer 2024 Beaumont Nights at Towncenter Summary Review Cost Summary and Discuss Future Plans for Beaumont Nights at Towncenter.
Direction to staff to make adjustments to the dates and times and to move towards a deposit-based program for vendors.
J.11 Approval of City Attorney Invoices for the Month of July 2024 City Attorney Pinkney recused on this item.
Motion by Council Member White
Second by Mayor Pro Tem Lara
Approve invoices in the amount of $112,418.23.
Approved by a unanimous vote
K. LEGISLATIVE UPDATES AND DISCUSSION
L. ECONOMIC DEVELOPMENT UPDATE
M. CITY TREASURER REPORT
N. CITY CLERK REPORT
O. CITY ATTORNEY REPORT
P. CITY MANAGER REPORT
Report of from summer swim lessons hosted by the City.
Q. FUTURE AGENDA ITEMS
• Assessment for the need for additional community center(s) (Future) • Annexation Agreement with the County (Future)
add: Report of City owned properties
11 R. COUNCIL REPORTS
Martinez - gave a report out from the National Night Out event and thanked everyone involved.
Voigt - Attended the Finance and Audit Committee.
Fenn - Attended parks events, an apartment groundbreaking, Water Alliance meeting, Tnow, Passcom, Beaumont Chamber Breakfast and Veterans event.
Lara - Attended the State of the District, thanked grounds staff for the upkeep of the Sports Park.
White - Attended the State of the District and Veteran's event.
S. ADJOURNMENT at 10:39 p.m.
The next regular meeting of the Beaumont City Council, Beaumont Financing Authority, the Beaumont Successor Agency (formerly RDA), the Beaumont Utility Authority, the Beaumont Parking Authority and the Beaumont Public Improvement Agency is scheduled for Tuesday September 3, 2024, at 6:00 p.m. unless otherwise posted.
Staff Report
TO: City Council
FROM: Robert L Vestal, Public Works Director
DATE September 3, 2024
SUBJECT: Improvement Agreement and Security
Description Subdivision Improvement Agreement and Security for Plot Plan 2018- 0119 for Public Works Street Improvements for project Beaumont Landing.
Background and Analysis:
The City requires all developers to provide security for public improvements consisting of, but not limited to, sewer, street, storm drain, utility, and survey monuments per the City of Beaumont Municipal Code 16.56.010.
PLOT PLAN 2018-0119 Beaumont Landing
On June 9, 2020, the Planning Commission approved the Conditional Use Permit 2018- 0021. The project is a commercial development on an approximately 3.03-acre that would involve constructing an 18-pump fuel station; a 3,800-square-foot convenience store; a 1,500-square-foot car wash; and a 4,000-square-foot restaurant with a drive- through. The convenience store, car wash, and gas station are proposed to be developed on Parcel 1 while the restaurant with a drive-through and a water quality basin are proposed to be developed on Parcel 2. The project will provide a total of 56 parking spaces. Desert Lawn Drive would be realigned and renamed, Desert Lawn South. it would be constructed along the southern border of the proposed developed areas of the project site, curving up into Parcel 2 to align with the existing Desert Lawn Drive configuration on the northeast corner of the project site. A water quality retention basin is proposed to be developed on the southeast side of the project site, just south of the Desert Lawn Drive realignment. A conservation easement would be located within the southeastern corner of the project site, consisting of approximately 0.35 acres. The project would not include development or disturbance within the conservation easement. Access to the project site would be provided via two driveways on Desert Lawn South.
Figure 1- Vicinity Map
The principal, Beaumont Landing, LLC. is proposing to construct all street improvement work associated with the following improvements:
Public Works No. 2020-0578, as shown on City File No. 3376, under bond number CIC1953967 for PP 2018-0119.
Public Works No. 2020-0579, as shown on City File No. 3377, under bond number CIC1953966 for PP 2018-0119.
Beaumont Landing LLC., has provided a security agreement and security in the form of a bond for public improvements. The agreement has been reviewed by staff and found to be consistent with the Beaumont Municipal Code. The following table is a summary of the securities.
Table 1
PROJECT BOND
NUMBER
Type of
Improvement
Principal
PP2018-0119 CIC1953967 Street BEAUMONT LANDING,
LLC
PP2018-0119 CIC1953966 Sewer BEAUMONT LANDING,
LLC
City staff recommends that the City Council accept the Security Agreement and securities listed in Table 1.
Fiscal Impact:
The cost of preparing the staff report is estimated to be $350. The developer maintains all associated improvements during the construction and maintenance period. The City is not liable for public improvement maintenance until the public improvements are accepted into the City’s publicly maintained system.
Recommended Action:
Approve Subdivision Improvement Agreement for Plot Plan 2018-0119 for Street Improvement.
Attachments:
A. PP2018-0119 – Street Improvement Agreement Package
B. PP2018-0119 – Sewer Improvement Agreement Package
ADJUSTED PARCEL 'A'
BEING A PORTION OF PARCEL 2 OF GRANT DEED DOCUMENT NO. 2019-0369148, RECORDED SEPTEMBER 19, 2019, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY AND A PORTION OF THE VACATED SOUTH FRONTAGE ROAD, NOW KNOW�fS DESERT LAVVM DRIVE, AS SHOWN ON STREET RIGHT OF WAY VACATION 23-SV-001 RECORDED ON H1v1-0l:\ 7-,._ ,20.ti\ol\S INST.NO. U);z.,(-a:>R,'--'4'3 '-r, AND LYING WITHIN THE NORTHEAST QUARTER OF FRACTIONAL Sl::CTION 5, TOWNSHIP 3 SOUTH , RANGE 1 WEST, SAN BERNARDINO MERIDIAN, SITUATE IN THE CITY OF BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL 2 AS DESCRIBED IN SAID GRANT DEED 2019-0369148 AND LYING ON SOUTHEASTERLY RIGHT OF WAY LINE OF OAK VALLEY PARKWAY SHOWN AS SAN TIMOTEO CANYON ROAD ON STATE RIGHT OF WAY MAP NOS. 987102 AND 987103, DATED MARCH 22, 1962 AT COUNTY SURVEYOR'S MAP FILE NOS. 204-283 AND 204-284; THENCE ALONG SAID RIGHT OF WAY LINE, S60°18'08"W A DISTANCE OF 101.64 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVED RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE 99°35'35" AN ARC LENGTH OF 52.15 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 270.00 FEET TO WHICH A RADIAL LINE BEARS S50°42'33"W;
THENCE SOUTHEASTERLY ALONG THE CURVED RIGHT OF WAY LINE OF SOUTH FRONTAGE ROAD AS SHOWN ON SAID RIGHT OF WAY MAPS THOUGH A CENTRAL ANGLE OF 32°20'37" AN ARC LENGHT OF 152.42 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1,525.00 AND TO WHICH A RADIAL LINE BEARS S18°21'57"W; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°26'09" AN ARC LENGHTH OF 171.30 FEET TO THE BEGINNING OF A NON-TANGENT LINE, AND TO WHICH A RADIAL LINE BEARS N24°48'05"E;
THENCE N24 °56'48"E A DISTANCE OF 165.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 10 AS SHOWN ON SAID RIGHT OF WAY MAPS AND BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1,600.00 FEET AND TO WHICH A RADIAL LINE BEARS N29°16'16"E; THENCE NORTHWESTERLY ALONG SAID CURVED RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 02 °19'26" AN ARC LENGTH OF 64.89 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 650.00 FEET AND TO WHICH A RADIAL LINE BEARS N26°56'50"E; THENCE CONTINUING NORTHWESTERLY ALONG SAID CURVED RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 18°28'33" AN ARC LENGHTH OF 209.60 FEET TO THE POINT OF BEGINNING.
CONTAINING A TOTAL AREA OF 51,309.62 SF. / 1.178 ACRES, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
SUBJECT TO EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, RIGHTS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD, IF ANY Legal Description
Exhibit "A"
ADJUSTED PARCEL 'B' -CONTINUED
THENCE ALONG SAID CURVED RIGHT OF WAY LINE THE FOLLOWING 2 COURSES: NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12 °57'22" AN ARC LENGTH OF 670.45 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1,594.95 FEET TO WHICH A RADIAL LINE BEARS N29°43'30"E;
THENCE CONTINUING NORTHWESTERLY ALONG SAID CURVED RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 09°18'50" AN ARC LENGTH OF 259.27 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID SOUTH FRONTAGE ROAD AND THE BEGINNING OF A NON-TANGENT LINE TO WHICH A RADIAL LINE BEARS N20°24'40"E;
THENCE ALONG SAID SOUTH LINE, S85 °43'39"E A DISTANCE OF 150.68 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE, S80°16'05"E A DISTANCE OF 53.15 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1,525.00 FEET AND TO WHICH A RADIAL LINE BEARS N28"24'46"E;
THENCE LEAVING SAID SOUTH LINE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°36'41" AN ARC LENGTH OF 96.12 FEET TO THE POINT.OF BEGINNING.
CONTAINING A TOTAL AREA OF 111,699.45 GROSS SF./ 2.564 ACRES, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
SUBJECT TO EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, RIGHTS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD, IF ANY.
DesignCivilCivil DesignBYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEENGINEER OF WORKR.C.E.SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 16 SHEETSATLAS CIVIL DESIGN, INC.872 HIGUERA STREETSAN LUIS OBISPO, CA 93401CONTACT: TYLER H. JOHNSONTEL: (213) 810-8470GMHGMHTHJAS NOTED02/22/202120-071BEAUMONT LANDING1396 DESERT LAWN DRIVE,BEAUMONT, CA 92223BENCHMARK:4 INCH PVC PIPE WITH SCREW ON PLUG, 1INCH ABOVE GROUND SURFACE, LOCATED1.4 MILES WEST OF INTERSTATE 10 TO SANTIMOTEO CANYON RD, AND FRONTAGE ROADON SOUTHEAST SIDE OF INTERSTATE 10, 0.1MILE SOUTHEAST ALONG FRONTAGE ROAD,SOUTH AND ACROSS THE ROAD FROM AGUY POLE 25.9 FEET SOUTH OF THECENTERLINE OF FRONTAGE ROAD, 1.8 FEETWEST OF A POWERPOLE AND 1.5 FEET EASTOF A WITNESS POST.ELEV. 2468.07, NAVD 88PW2020-0578ATLASADDED POLE LOCATIONS1/19/22SHEET INDEXC1.0TITLE SHEETPRIVATE PROPERTY 8/9/2021Tyler H. Johnson2/9/202402/09/2024EXP. 9/20242/9/202433762/16/242/16/2403/04/2024Page 85 of 437
AHEADSIGNAL1512129E4441490E1512132E1512130E1512131E1512133E44534274E4453428E1512134E (GUY)11512137EDESERT LAWN DRIVEOAK VALLEY PARKWAYEASTBOUND I-10 ON RAMP( IN FEET )GRAPHIC SCALE01001" = 50' 05050DesignCivilCivil DesignBYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEENGINEER OF WORKR.C.E.SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 16 SHEETSATLAS CIVIL DESIGN, INC.872 HIGUERA STREETSAN LUIS OBISPO, CA 93401CONTACT: TYLER H. JOHNSONTEL: (213) 810-8470GMHGMHTHJAS NOTED02/22/202120-071BEAUMONT LANDING1396 DESERT LAWN DRIVE,BEAUMONT, CA 92223BENCHMARK:4 INCH PVC PIPE WITH SCREW ON PLUG, 1INCH ABOVE GROUND SURFACE, LOCATED1.4 MILES WEST OF INTERSTATE 10 TO SANTIMOTEO CANYON RD, AND FRONTAGE ROADON SOUTHEAST SIDE OF INTERSTATE 10, 0.1MILE SOUTHEAST ALONG FRONTAGE ROAD,SOUTH AND ACROSS THE ROAD FROM AGUY POLE 25.9 FEET SOUTH OF THECENTERLINE OF FRONTAGE ROAD, 1.8 FEETWEST OF A POWERPOLE AND 1.5 FEET EASTOF A WITNESS POST.ELEV. 2468.07, NAVD 88PW2020-0578ATLASADDED POLE LOCATIONS1/19/22WEST HALFEAST HALFEARTHWORK QUANTITIESC2.0INDEX MAPTyler H. Johnson2/9/202402/09/2024EXP. 9/202433762/16/242/16/2403/04/2024Page 86 of 437
AHEADSIGNAL1512129E4441490E1512132E1512130E1512131EOAK VALLEY PARKWAY DEMOLITION NOTES( IN FEET )GRAPHIC SCALE0401" = 20' 02020DesignCivilCivil DesignBYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEENGINEER OF WORKR.C.E.SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 16 SHEETSATLAS CIVIL DESIGN, INC.872 HIGUERA STREETSAN LUIS OBISPO, CA 93401CONTACT: TYLER H. JOHNSONTEL: (213) 810-8470GMHGMHTHJAS NOTED02/22/202120-071BEAUMONT LANDING1396 DESERT LAWN DRIVE,BEAUMONT, CA 92223BENCHMARK:4 INCH PVC PIPE WITH SCREW ON PLUG, 1INCH ABOVE GROUND SURFACE, LOCATED1.4 MILES WEST OF INTERSTATE 10 TO SANTIMOTEO CANYON RD, AND FRONTAGE ROADON SOUTHEAST SIDE OF INTERSTATE 10, 0.1MILE SOUTHEAST ALONG FRONTAGE ROAD,SOUTH AND ACROSS THE ROAD FROM AGUY POLE 25.9 FEET SOUTH OF THECENTERLINE OF FRONTAGE ROAD, 1.8 FEETWEST OF A POWERPOLE AND 1.5 FEET EASTOF A WITNESS POST.ELEV. 2468.07, NAVD 88PW2020-0578ATLASADDED POLE LOCATIONS1/19/22MATCHLINE - SEE SHEET 4STREET CONSTRUCTIONONSITE EROSION CONTROLEXISTING DRY UTILITIESC3.0DEMOLITION PLAN - WESTEXISTING FEATURE RELOCATIONSLEGENDTyler H. Johnson2/9/202402/09/2024EXP. 9/202433762/16/242/16/2403/04/2024Page 87 of 437
32470.701512133E44534274E4453428E1512134E (GUY)DESERT LAWN DRIVEEASTBOUND RAMPDEMOLITION NOTES( IN FEET )GRAPHIC SCALE0401" = 20' 02020DesignCivilCivil DesignBYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEENGINEER OF WORKR.C.E.SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 16 SHEETSATLAS CIVIL DESIGN, INC.872 HIGUERA STREETSAN LUIS OBISPO, CA 93401CONTACT: TYLER H. JOHNSONTEL: (213) 810-8470GMHGMHTHJAS NOTED02/22/202120-071BEAUMONT LANDING1396 DESERT LAWN DRIVE,BEAUMONT, CA 92223BENCHMARK:4 INCH PVC PIPE WITH SCREW ON PLUG, 1INCH ABOVE GROUND SURFACE, LOCATED1.4 MILES WEST OF INTERSTATE 10 TO SANTIMOTEO CANYON RD, AND FRONTAGE ROADON SOUTHEAST SIDE OF INTERSTATE 10, 0.1MILE SOUTHEAST ALONG FRONTAGE ROAD,SOUTH AND ACROSS THE ROAD FROM AGUY POLE 25.9 FEET SOUTH OF THECENTERLINE OF FRONTAGE ROAD, 1.8 FEETWEST OF A POWERPOLE AND 1.5 FEET EASTOF A WITNESS POST.ELEV. 2468.07, NAVD 88PW2020-0578ATLASADDED POLE LOCATIONS1/19/22MATCHLINE - SEE SHEET 3 C4.0DEMOLITION PLAN - EASTSTREET CONSTRUCTIONONSITE EROSION CONTROLEXISTING DRY UTILITIESEXISTING FEATURE RELOCATIONSLEGENDTyler H. Johnson2/9/202402/09/2024EXP. 9/202433762/16/242/16/2403/04/2024Page 88 of 437
AHEADSIGNAL1512129E4441490E1512132E1512130E1512131EOAK VALLEY PARKWAY EROSION CONTROL NOTES( IN FEET )GRAPHIC SCALE0401" = 20' 02020DesignCivilCivil DesignBYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEENGINEER OF WORKR.C.E.SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 16 SHEETSATLAS CIVIL DESIGN, INC.872 HIGUERA STREETSAN LUIS OBISPO, CA 93401CONTACT: TYLER H. JOHNSONTEL: (213) 810-8470GMHGMHTHJAS NOTED02/22/202120-071BEAUMONT LANDING1396 DESERT LAWN DRIVE,BEAUMONT, CA 92223BENCHMARK:4 INCH PVC PIPE WITH SCREW ON PLUG, 1INCH ABOVE GROUND SURFACE, LOCATED1.4 MILES WEST OF INTERSTATE 10 TO SANTIMOTEO CANYON RD, AND FRONTAGE ROADON SOUTHEAST SIDE OF INTERSTATE 10, 0.1MILE SOUTHEAST ALONG FRONTAGE ROAD,SOUTH AND ACROSS THE ROAD FROM AGUY POLE 25.9 FEET SOUTH OF THECENTERLINE OF FRONTAGE ROAD, 1.8 FEETWEST OF A POWERPOLE AND 1.5 FEET EASTOF A WITNESS POST.ELEV. 2468.07, NAVD 88PW2020-0578ATLASADDED POLE LOCATIONS1/19/22MATCHLINE - SEE SHEET 6ONSITE EROSION CONTROLC5.0EROSION CONTROL PLAN - WESTLEGENDTyler H. Johnson2/9/202402/09/2024EXP. 9/202433762/16/242/16/2403/04/2024Page 89 of 437
1512133E44534274E4453428E11512137EDESERT LAWN DRIVEI-10 EASTBOUND RAMPEROSION CONTROL NOTES( IN FEET )GRAPHIC SCALE0401" = 20' 02020DesignCivilCivil DesignBYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEENGINEER OF WORKR.C.E.SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 16 SHEETSATLAS CIVIL DESIGN, INC.872 HIGUERA STREETSAN LUIS OBISPO, CA 93401CONTACT: TYLER H. JOHNSONTEL: (213) 810-8470GMHGMHTHJAS NOTED02/22/202120-071BEAUMONT LANDING1396 DESERT LAWN DRIVE,BEAUMONT, CA 92223BENCHMARK:4 INCH PVC PIPE WITH SCREW ON PLUG, 1INCH ABOVE GROUND SURFACE, LOCATED1.4 MILES WEST OF INTERSTATE 10 TO SANTIMOTEO CANYON RD, AND FRONTAGE ROADON SOUTHEAST SIDE OF INTERSTATE 10, 0.1MILE SOUTHEAST ALONG FRONTAGE ROAD,SOUTH AND ACROSS THE ROAD FROM AGUY POLE 25.9 FEET SOUTH OF THECENTERLINE OF FRONTAGE ROAD, 1.8 FEETWEST OF A POWERPOLE AND 1.5 FEET EASTOF A WITNESS POST.ELEV. 2468.07, NAVD 88PW2020-0578ATLASADDED POLE LOCATIONS1/19/22MATCHLINE - SEE SHEET 5 ONSITE EROSION CONTROLC6.0EROSION CONTROL PLAN - EASTLEGENDTyler H. Johnson2/9/202402/09/2024EXP. 9/202433762/16/242/16/2403/04/2024Page 90 of 437
AHEADSIGNAL1512129E4441490E1512132E1512130E1512131EOAK VALLEY PARKWAY AABB24602470248010+0011+0012+0013+0014+0015+002470248011+0012+0013+0014+0015+002470248011+0012+0013+0014+0015+00HOR SCALE: 1''=20'VERT SCALE: 1''=10'PROFILE: TC - RIGHTHOR SCALE: 1''=20'VERT SCALE: 1''=10'PROFILE: TC - LEFTCURB DATA TABLENO.LENGTHΔ/BEARINGΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔRADIUSCONSTRUCTION NOTESCONSTRUCTION NOTES - OFFSITEHOR SCALE: 1''=20'VERT SCALE: 1''=10'HOR SCALE: 1''=20'VERT SCALE: 1''=10'PROFILE: CR-124702480247024800+000+80247024800+000+60HOR SCALE: 1''=20'VERT SCALE: 1''=10'PROFILE: CR-2( IN FEET )GRAPHIC SCALE0401" = 20' 02020DesignCivilCivil DesignBYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEENGINEER OF WORKR.C.E.SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 16 SHEETSATLAS CIVIL DESIGN, INC.872 HIGUERA STREETSAN LUIS OBISPO, CA 93401CONTACT: TYLER H. JOHNSONTEL: (213) 810-8470GMHGMHTHJAS NOTED02/22/202120-071BEAUMONT LANDING1396 DESERT LAWN DRIVE,BEAUMONT, CA 92223BENCHMARK:4 INCH PVC PIPE WITH SCREW ON PLUG, 1INCH ABOVE GROUND SURFACE, LOCATED1.4 MILES WEST OF INTERSTATE 10 TO SANTIMOTEO CANYON RD, AND FRONTAGE ROADON SOUTHEAST SIDE OF INTERSTATE 10, 0.1MILE SOUTHEAST ALONG FRONTAGE ROAD,SOUTH AND ACROSS THE ROAD FROM AGUY POLE 25.9 FEET SOUTH OF THECENTERLINE OF FRONTAGE ROAD, 1.8 FEETWEST OF A POWERPOLE AND 1.5 FEET EASTOF A WITNESS POST.ELEV. 2468.07, NAVD 88PW2020-0578ATLASADDED POLE LOCATIONS1/19/22MATCHLINE - SEE SHEET 8MATCHLINE - 15+60.00 DESERT LAWN DRIVESTREET IMPROVEMENT PLAN (WEST)STREET SECTIONSADA RAMP DETAILSC7.0DESERT LAWN DRIVE CENTERLINENOTE:Tyler H. Johnson2/9/202402/09/2024EXP. 9/202433762/16/242/16/2403/04/2024Page 91 of 437
32470.701512133E44534274E4453428E1512134E (GUY)I-10 EASTBOUND RAMPCONSTRUCTION NOTESCONSTRUCTION NOTES - OFFSITECURB DATA TABLENO.LENGTHΔ/BEARINGΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔRADIUS16+0017+0018+0019+0020+0021+002470248016+0017+0018+0019+0020+0021+002470248016+0017+0018+0019+0020+0021+00HOR SCALE: 1''=20'VERT SCALE: 1''=10'PROFILE: TC - RIGHTHOR SCALE: 1''=20'VERT SCALE: 1''=10'PROFILE: TC - LEFTHOR SCALE: 1''=20'VERT SCALE: 1''=10'( IN FEET )GRAPHIC SCALE0401" = 20' 02020DesignCivilCivil DesignBYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEENGINEER OF WORKR.C.E.SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 16 SHEETSATLAS CIVIL DESIGN, INC.872 HIGUERA STREETSAN LUIS OBISPO, CA 93401CONTACT: TYLER H. JOHNSONTEL: (213) 810-8470GMHGMHTHJAS NOTED02/22/202120-071BEAUMONT LANDING1396 DESERT LAWN DRIVE,BEAUMONT, CA 92223BENCHMARK:4 INCH PVC PIPE WITH SCREW ON PLUG, 1INCH ABOVE GROUND SURFACE, LOCATED1.4 MILES WEST OF INTERSTATE 10 TO SANTIMOTEO CANYON RD, AND FRONTAGE ROADON SOUTHEAST SIDE OF INTERSTATE 10, 0.1MILE SOUTHEAST ALONG FRONTAGE ROAD,SOUTH AND ACROSS THE ROAD FROM AGUY POLE 25.9 FEET SOUTH OF THECENTERLINE OF FRONTAGE ROAD, 1.8 FEETWEST OF A POWERPOLE AND 1.5 FEET EASTOF A WITNESS POST.ELEV. 2468.07, NAVD 88PW2020-0578ATLASADDED POLE LOCATIONS1/19/22MATCHLINE - SEE SHEET 5MATCHLINE - 15+60.00 STREET IMPROVEMENT PLAN (EAST)DESERT LAWN DRIVEC8.0DESERT LAWN DRIVE CENTERLINENOTE:Tyler H. Johnson2/9/202402/09/2024EXP. 9/202433762/16/242/16/2403/04/2024Page 92 of 437
11+00.0012+00.0014+00.0013+23.7816+00.0017+72.9619+00.0014+78.1020+00.00( IN FEET )GRAPHIC SCALE0401" = 20' 02020DesignCivilCivil DesignBYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEENGINEER OF WORKR.C.E.SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 16 SHEETSATLAS CIVIL DESIGN, INC.872 HIGUERA STREETSAN LUIS OBISPO, CA 93401CONTACT: TYLER H. JOHNSONTEL: (213) 810-8470GMHGMHTHJAS NOTED02/22/202120-071BEAUMONT LANDING1396 DESERT LAWN DRIVE,BEAUMONT, CA 92223BENCHMARK:4 INCH PVC PIPE WITH SCREW ON PLUG, 1INCH ABOVE GROUND SURFACE, LOCATED1.4 MILES WEST OF INTERSTATE 10 TO SANTIMOTEO CANYON RD, AND FRONTAGE ROADON SOUTHEAST SIDE OF INTERSTATE 10, 0.1MILE SOUTHEAST ALONG FRONTAGE ROAD,SOUTH AND ACROSS THE ROAD FROM AGUY POLE 25.9 FEET SOUTH OF THECENTERLINE OF FRONTAGE ROAD, 1.8 FEETWEST OF A POWERPOLE AND 1.5 FEET EASTOF A WITNESS POST.ELEV. 2468.07, NAVD 88PW2020-0578ATLASADDED POLE LOCATIONS1/19/22SECTION A-A DESERT LAWN DRIVESECTION B-B OAK VALLEY PARKWAYCURB RAMP DETAILS CR-3 AND CR-4CURB RAMP DETAILS CR-5 AND CR-6C9.0STREET SECTIONS AND DETAILSTyler H. Johnson2/9/202402/09/2024EXP. 9/202433762/16/242/16/2403/04/2024Page 93 of 437
DESERT LAWN DRIVEBBHOR SCALE: 1''=20'VERT SCALE: 1''=4'PROFILE: R-WALL-1246024701+002+003+004+005+006+00CONSTRUCTION NOTESCONSTRUCTION NOTES - OFFSITE246024707+00( IN FEET )GRAPHIC SCALE0401" = 20' 02020DesignCivilCivil DesignBYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEENGINEER OF WORKR.C.E.SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 16 SHEETSATLAS CIVIL DESIGN, INC.872 HIGUERA STREETSAN LUIS OBISPO, CA 93401CONTACT: TYLER H. JOHNSONTEL: (213) 810-8470GMHGMHTHJAS NOTED02/22/202120-071BEAUMONT LANDING1396 DESERT LAWN DRIVE,BEAUMONT, CA 92223BENCHMARK:4 INCH PVC PIPE WITH SCREW ON PLUG, 1INCH ABOVE GROUND SURFACE, LOCATED1.4 MILES WEST OF INTERSTATE 10 TO SANTIMOTEO CANYON RD, AND FRONTAGE ROADON SOUTHEAST SIDE OF INTERSTATE 10, 0.1MILE SOUTHEAST ALONG FRONTAGE ROAD,SOUTH AND ACROSS THE ROAD FROM AGUY POLE 25.9 FEET SOUTH OF THECENTERLINE OF FRONTAGE ROAD, 1.8 FEETWEST OF A POWERPOLE AND 1.5 FEET EASTOF A WITNESS POST.ELEV. 2468.07, NAVD 88PW2020-0578ATLASADDED POLE LOCATIONS1/19/22SECTION B-BRIP-RAP DETAIL1PLANSECTIONCONCRETE V-DITCH2C10.0RETAINING WALL PLANNOTETyler H. Johnson2/9/202402/09/2024EXP. 9/202433762/16/242/16/2403/04/2024Page 94 of 437
44534274E4453428EI-10 EASTBOUND RAMPDESERT LAWN DRIVEGRADING AND DRAINAGE CONSTRUCTION NOTESHOR SCALE: 1''=20'VERT SCALE: 1''=4'PROFILE: SD-12460247024802460247024800+001+002+00 2+20( IN FEET )GRAPHIC SCALE0401" = 20' 02020DesignCivilCivil DesignBYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEENGINEER OF WORKR.C.E.SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 16 SHEETSATLAS CIVIL DESIGN, INC.872 HIGUERA STREETSAN LUIS OBISPO, CA 93401CONTACT: TYLER H. JOHNSONTEL: (213) 810-8470GMHGMHTHJAS NOTED02/22/202120-071BEAUMONT LANDING1396 DESERT LAWN DRIVE,BEAUMONT, CA 92223BENCHMARK:4 INCH PVC PIPE WITH SCREW ON PLUG, 1INCH ABOVE GROUND SURFACE, LOCATED1.4 MILES WEST OF INTERSTATE 10 TO SANTIMOTEO CANYON RD, AND FRONTAGE ROADON SOUTHEAST SIDE OF INTERSTATE 10, 0.1MILE SOUTHEAST ALONG FRONTAGE ROAD,SOUTH AND ACROSS THE ROAD FROM AGUY POLE 25.9 FEET SOUTH OF THECENTERLINE OF FRONTAGE ROAD, 1.8 FEETWEST OF A POWERPOLE AND 1.5 FEET EASTOF A WITNESS POST.ELEV. 2468.07, NAVD 88PW2020-0578ATLASADDED POLE LOCATIONS1/19/22SEE SHEET 8 FOR CONTINUATION C11.0STORM DRAIN PLAN AND PROFILENOTESTyler H. Johnson2/9/202402/09/2024EXP. 9/202433762/16/242/16/2403/04/2024Page 95 of 437
EASTBOUND RAMPSIGNAGE NOTESSTRIPING LEGENDAHEADSIGNALOAK VALLEY PARKWAY ( IN FEET )GRAPHIC SCALE0401" = 20' 02020DesignCivilCivil DesignBYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEENGINEER OF WORKR.C.E.SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 16 SHEETSATLAS CIVIL DESIGN, INC.872 HIGUERA STREETSAN LUIS OBISPO, CA 93401CONTACT: TYLER H. JOHNSONTEL: (213) 810-8470GMHGMHTHJAS NOTED02/22/202120-071BEAUMONT LANDING1396 DESERT LAWN DRIVE,BEAUMONT, CA 92223BENCHMARK:4 INCH PVC PIPE WITH SCREW ON PLUG, 1INCH ABOVE GROUND SURFACE, LOCATED1.4 MILES WEST OF INTERSTATE 10 TO SANTIMOTEO CANYON RD, AND FRONTAGE ROADON SOUTHEAST SIDE OF INTERSTATE 10, 0.1MILE SOUTHEAST ALONG FRONTAGE ROAD,SOUTH AND ACROSS THE ROAD FROM AGUY POLE 25.9 FEET SOUTH OF THECENTERLINE OF FRONTAGE ROAD, 1.8 FEETWEST OF A POWERPOLE AND 1.5 FEET EASTOF A WITNESS POST.ELEV. 2468.07, NAVD 88PW2020-0578ATLASADDED POLE LOCATIONS1/19/22SIGNAGE & STRIPING PLANDESERT LAWN DRIVE (EAST)MATCHLINE - SEE TOP RIGHT MATCHLINE - SEE BOTTOM LEFTDESERT LAWN DRIVE (WEST)STOPLEFT LANEMUSTTURN LEFTC12.0SPEEDLIMIT30Tyler H. Johnson2/9/202402/09/2024EXP. 9/202433762/16/242/16/2403/04/2024Page 96 of 437
SIGNAGE NOTESSTRIPING LEGENDAHEADSIGNALOAK VALLEY PARKWAYDE S
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( IN FEET )GRAPHIC SCALE0401" = 20' 02020DesignCivilCivil DesignBYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEENGINEER OF WORKR.C.E.SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 16 SHEETSATLAS CIVIL DESIGN, INC.872 HIGUERA STREETSAN LUIS OBISPO, CA 93401CONTACT: TYLER H. JOHNSONTEL: (213) 810-8470GMHGMHTHJAS NOTED02/22/202120-071BEAUMONT LANDING1396 DESERT LAWN DRIVE,BEAUMONT, CA 92223BENCHMARK:4 INCH PVC PIPE WITH SCREW ON PLUG, 1INCH ABOVE GROUND SURFACE, LOCATED1.4 MILES WEST OF INTERSTATE 10 TO SANTIMOTEO CANYON RD, AND FRONTAGE ROADON SOUTHEAST SIDE OF INTERSTATE 10, 0.1MILE SOUTHEAST ALONG FRONTAGE ROAD,SOUTH AND ACROSS THE ROAD FROM AGUY POLE 25.9 FEET SOUTH OF THECENTERLINE OF FRONTAGE ROAD, 1.8 FEETWEST OF A POWERPOLE AND 1.5 FEET EASTOF A WITNESS POST.ELEV. 2468.07, NAVD 88PW2020-0578ATLASADDED POLE LOCATIONS1/19/22SIGNAGE & STRIPING PLANOAK VALLEY PARKWAYSTOPC13.0INTERSTATE15Tyler H. Johnson2/9/202402/09/2024EXP. 9/202433762/16/242/16/2403/04/2024Page 97 of 437
DesignCivilCivil DesignBYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEENGINEER OF WORKR.C.E.SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 16 SHEETSATLAS CIVIL DESIGN, INC.872 HIGUERA STREETSAN LUIS OBISPO, CA 93401CONTACT: TYLER H. JOHNSONTEL: (213) 810-8470GMHGMHTHJAS NOTED02/22/202120-071BEAUMONT LANDING1396 DESERT LAWN DRIVE,BEAUMONT, CA 92223BENCHMARK:4 INCH PVC PIPE WITH SCREW ON PLUG, 1INCH ABOVE GROUND SURFACE, LOCATED1.4 MILES WEST OF INTERSTATE 10 TO SANTIMOTEO CANYON RD, AND FRONTAGE ROADON SOUTHEAST SIDE OF INTERSTATE 10, 0.1MILE SOUTHEAST ALONG FRONTAGE ROAD,SOUTH AND ACROSS THE ROAD FROM AGUY POLE 25.9 FEET SOUTH OF THECENTERLINE OF FRONTAGE ROAD, 1.8 FEETWEST OF A POWERPOLE AND 1.5 FEET EASTOF A WITNESS POST.ELEV. 2468.07, NAVD 88PW2020-0578ATLASADDED POLE LOCATIONS1/19/22C14.0DETAIL SHEET - 1Tyler H. Johnson2/9/202402/09/2024EXP. 9/202433762/16/242/16/2403/04/2024Page 98 of 437
DesignCivilCivil DesignBYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEENGINEER OF WORKR.C.E.SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 16 SHEETSATLAS CIVIL DESIGN, INC.872 HIGUERA STREETSAN LUIS OBISPO, CA 93401CONTACT: TYLER H. JOHNSONTEL: (213) 810-8470GMHGMHTHJAS NOTED02/22/202120-071BEAUMONT LANDING1396 DESERT LAWN DRIVE,BEAUMONT, CA 92223BENCHMARK:4 INCH PVC PIPE WITH SCREW ON PLUG, 1INCH ABOVE GROUND SURFACE, LOCATED1.4 MILES WEST OF INTERSTATE 10 TO SANTIMOTEO CANYON RD, AND FRONTAGE ROADON SOUTHEAST SIDE OF INTERSTATE 10, 0.1MILE SOUTHEAST ALONG FRONTAGE ROAD,SOUTH AND ACROSS THE ROAD FROM AGUY POLE 25.9 FEET SOUTH OF THECENTERLINE OF FRONTAGE ROAD, 1.8 FEETWEST OF A POWERPOLE AND 1.5 FEET EASTOF A WITNESS POST.ELEV. 2468.07, NAVD 88PW2020-0578ATLASADDED POLE LOCATIONS1/19/22C15.0DETAIL SHEET - 2Tyler H. Johnson2/9/202402/09/2024EXP. 9/202433762/16/242/16/2403/04/2024Page 99 of 437
DesignCivilCivil DesignBYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEENGINEER OF WORKR.C.E.SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 16 SHEETSATLAS CIVIL DESIGN, INC.872 HIGUERA STREETSAN LUIS OBISPO, CA 93401CONTACT: TYLER H. JOHNSONTEL: (213) 810-8470GMHGMHTHJAS NOTED02/22/202120-071BEAUMONT LANDING1396 DESERT LAWN DRIVE,BEAUMONT, CA 92223BENCHMARK:4 INCH PVC PIPE WITH SCREW ON PLUG, 1INCH ABOVE GROUND SURFACE, LOCATED1.4 MILES WEST OF INTERSTATE 10 TO SANTIMOTEO CANYON RD, AND FRONTAGE ROADON SOUTHEAST SIDE OF INTERSTATE 10, 0.1MILE SOUTHEAST ALONG FRONTAGE ROAD,SOUTH AND ACROSS THE ROAD FROM AGUY POLE 25.9 FEET SOUTH OF THECENTERLINE OF FRONTAGE ROAD, 1.8 FEETWEST OF A POWERPOLE AND 1.5 FEET EASTOF A WITNESS POST.ELEV. 2468.07, NAVD 88PW2020-0578ATLASADDED POLE LOCATIONS1/19/22C16.0AACONCRETEWASHOUT1INLET PROTECTION DETAIL2CONSTRUCTION ENTRANCE DETAIL3GRAVEL BAG DETAIL4FIBER ROLL DETAIL5CONCRETE WASH OUT AREATyler H. Johnson2/9/202402/09/2024EXP. 9/202433762/16/242/16/2403/04/2024Page 100 of 437
ADJUSTED PARCEL 'A'
BEING A PORTION OF PARCEL 2 OF GRANT DEED DOCUMENT NO. 2019-0369148, RECORDED SEPTEMBER 19, 2019, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY AND A PORTION OF THE VACATED SOUTH FRONTAGE ROAD, NOW KNOW�fS DESERT LAVVM DRIVE, AS SHOWN ON STREET RIGHT OF WAY VACATION 23-SV-001 RECORDED ON H1v1-0l:\ 7-,._ ,20.ti\ol\S INST.NO. U);z.,(-a:>R,'--'4'3 '-r, AND LYING WITHIN THE NORTHEAST QUARTER OF FRACTIONAL Sl::CTION 5, TOWNSHIP 3 SOUTH , RANGE 1 WEST, SAN BERNARDINO MERIDIAN, SITUATE IN THE CITY OF BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL 2 AS DESCRIBED IN SAID GRANT DEED 2019-0369148 AND LYING ON SOUTHEASTERLY RIGHT OF WAY LINE OF OAK VALLEY PARKWAY SHOWN AS SAN TIMOTEO CANYON ROAD ON STATE RIGHT OF WAY MAP NOS. 987102 AND 987103, DATED MARCH 22, 1962 AT COUNTY SURVEYOR'S MAP FILE NOS. 204-283 AND 204-284; THENCE ALONG SAID RIGHT OF WAY LINE, S60°18'08"W A DISTANCE OF 101.64 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVED RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE 99°35'35" AN ARC LENGTH OF 52.15 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 270.00 FEET TO WHICH A RADIAL LINE BEARS S50°42'33"W;
THENCE SOUTHEASTERLY ALONG THE CURVED RIGHT OF WAY LINE OF SOUTH FRONTAGE ROAD AS SHOWN ON SAID RIGHT OF WAY MAPS THOUGH A CENTRAL ANGLE OF 32°20'37" AN ARC LENGHT OF 152.42 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1,525.00 AND TO WHICH A RADIAL LINE BEARS S18°21'57"W; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°26'09" AN ARC LENGHTH OF 171.30 FEET TO THE BEGINNING OF A NON-TANGENT LINE, AND TO WHICH A RADIAL LINE BEARS N24°48'05"E;
THENCE N24 °56'48"E A DISTANCE OF 165.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 10 AS SHOWN ON SAID RIGHT OF WAY MAPS AND BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1,600.00 FEET AND TO WHICH A RADIAL LINE BEARS N29°16'16"E; THENCE NORTHWESTERLY ALONG SAID CURVED RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 02 °19'26" AN ARC LENGTH OF 64.89 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 650.00 FEET AND TO WHICH A RADIAL LINE BEARS N26°56'50"E; THENCE CONTINUING NORTHWESTERLY ALONG SAID CURVED RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 18°28'33" AN ARC LENGHTH OF 209.60 FEET TO THE POINT OF BEGINNING.
CONTAINING A TOTAL AREA OF 51,309.62 SF. / 1.178 ACRES, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
SUBJECT TO EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, RIGHTS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD, IF ANY Legal Description
Exhibit "A"
ADJUSTED PARCEL 'B' -CONTINUED
THENCE ALONG SAID CURVED RIGHT OF WAY LINE THE FOLLOWING 2 COURSES: NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12 °57'22" AN ARC LENGTH OF 670.45 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1,594.95 FEET TO WHICH A RADIAL LINE BEARS N29°43'30"E;
THENCE CONTINUING NORTHWESTERLY ALONG SAID CURVED RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 09°18'50" AN ARC LENGTH OF 259.27 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID SOUTH FRONTAGE ROAD AND THE BEGINNING OF A NON-TANGENT LINE TO WHICH A RADIAL LINE BEARS N20°24'40"E;
THENCE ALONG SAID SOUTH LINE, S85 °43'39"E A DISTANCE OF 150.68 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE, S80°16'05"E A DISTANCE OF 53.15 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1,525.00 FEET AND TO WHICH A RADIAL LINE BEARS N28"24'46"E;
THENCE LEAVING SAID SOUTH LINE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°36'41" AN ARC LENGTH OF 96.12 FEET TO THE POINT.OF BEGINNING.
CONTAINING A TOTAL AREA OF 111,699.45 GROSS SF./ 2.564 ACRES, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
SUBJECT TO EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, RIGHTS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD, IF ANY.
DesignCivilCivilDesignBYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEENGINEER OF WORKR.C.E.SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 7 SHEETSATLAS CIVIL DESIGN, INC.872 HIGUERA STREETSAN LUIS OBISPO, CA 93401CONTACT: TYLER H. JOHNSONTEL:(213) 810-8470GMHGMHTHJAS NOTED4/1/202120-071BEAUMONT LANDING1396 DESERT LAWN DRIVE,BEAUMONT, CA 92223BENCHMARK:4 INCH PVC PIPE WITH SCREW ON PLUG, 1INCH ABOVE GROUND SURFACE, LOCATED1.4 MILES WEST OF INTERSTATE 10 TO SANTIMOTEO CANYON RD, AND FRONTAGE ROADON SOUTHEAST SIDE OF INTERSTATE 10, 0.1MILE SOUTHEAST ALONG FRONTAGE ROAD,SOUTH AND ACROSS THE ROAD FROM AGUY POLE 25.9 FEET SOUTH OF THECENTERLINE OF FRONTAGE ROAD, 1.8 FEETWEST OF A POWERPOLE AND 1.5 FEET EASTOF A WITNESS POST.ELEV. 2468.07, NAVD 88PW2020-0579ATLASADDED POLE LOCATIONS1/19/22335SANITARY SEWER IMPROVEMENT PLANS FORBEAUMONT LANDINGCITY OF BEAUMONT, COUNTY OF RIVERSIDE, CALIFORNIAAPN: 414-090-007 & 414-090-005SEC. 5, TWP. 3 S., RGE 1 W., SBMPROJECT INFORMATIONBASIS OF BEARINGSBENCHMARKABBREVIATIONS335LEGENDSHEET INDEXLEGAL DESCRIPTIONPROJECT AREA SUMMARYPUBLIC UTILITIES/ SERVICES NOTIFICATIONTITLE SHEETC1.0EMWD SEWER NOTESPUBLIC UTILITIES/ SERVICESDECLARATION OF RESPONSIBLE CHARGECODE INFORMATION02/09/2024EXP. 9/2024Tyler H. Johnson2/9/20242/16/242/16/2433772/26/202403/04/2024Page 135 of 437
12460.3622497.2632470.7042466.40AHEADSTOPSTOPSTOPSTOPSTOPSTOPSTOPAHEADSIGNALEASTBOUND RAMPDESERT LAWN DRIVEO A
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YOAK VALLEY PARKWAY( IN FEET )GRAPHIC SCALE01601" = 80'08080DesignCivilCivilDesignBYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEENGINEER OF WORKR.C.E.SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 7 SHEETSATLAS CIVIL DESIGN, INC.872 HIGUERA STREETSAN LUIS OBISPO, CA 93401CONTACT: TYLER H. JOHNSONTEL:(213) 810-8470GMHGMHTHJAS NOTED4/1/202120-071BEAUMONT LANDING1396 DESERT LAWN DRIVE,BEAUMONT, CA 92223BENCHMARK:4 INCH PVC PIPE WITH SCREW ON PLUG, 1INCH ABOVE GROUND SURFACE, LOCATED1.4 MILES WEST OF INTERSTATE 10 TO SANTIMOTEO CANYON RD, AND FRONTAGE ROADON SOUTHEAST SIDE OF INTERSTATE 10, 0.1MILE SOUTHEAST ALONG FRONTAGE ROAD,SOUTH AND ACROSS THE ROAD FROM AGUY POLE 25.9 FEET SOUTH OF THECENTERLINE OF FRONTAGE ROAD, 1.8 FEETWEST OF A POWERPOLE AND 1.5 FEET EASTOF A WITNESS POST.ELEV. 2468.07, NAVD 88PW2020-0579ATLASADDED POLE LOCATIONS1/19/22INDEX MAPC2.0SHEET 3.0SHEET 4.0SHEET 5.0VICINITY MAP02/09/2024EXP. 9/2024Tyler H. Johnson2/9/20242/16/242/16/24337703/04/2024Page 136 of 437
AHEAD
STOP
STOP STOP STOPOAK VALLEY PARKWAYDESERT LAWN DRIVE
SEWER CONSTRUCTION NOTES243024402450246031+0032+0033+0034+0035+0036+00HOR SCALE: 1''=20'VERT SCALE: 1''=4'PROFILE: OAK VALLEY PRKWY( IN FEET )GRAPHIC SCALE0401" = 20' 02020DesignCivilCivilDesignBYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEENGINEER OF WORKR.C.E.SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 7 SHEETSATLAS CIVIL DESIGN, INC.872 HIGUERA STREETSAN LUIS OBISPO, CA 93401CONTACT: TYLER H. JOHNSONTEL:(213) 810-8470GMHGMHTHJAS NOTED4/1/202120-071BEAUMONT LANDING1396 DESERT LAWN DRIVE,BEAUMONT, CA 92223BENCHMARK:4 INCH PVC PIPE WITH SCREW ON PLUG, 1INCH ABOVE GROUND SURFACE, LOCATED1.4 MILES WEST OF INTERSTATE 10 TO SANTIMOTEO CANYON RD, AND FRONTAGE ROADON SOUTHEAST SIDE OF INTERSTATE 10, 0.1MILE SOUTHEAST ALONG FRONTAGE ROAD,SOUTH AND ACROSS THE ROAD FROM AGUY POLE 25.9 FEET SOUTH OF THECENTERLINE OF FRONTAGE ROAD, 1.8 FEETWEST OF A POWERPOLE AND 1.5 FEET EASTOF A WITNESS POST.ELEV. 2468.07, NAVD 88PW2020-0579ATLASADDED POLE LOCATIONS1/19/22SEWER EXTENSION PLAN AND PROFILE -1C3.0MATCHLINE - STA 36+20.00 MATCHLINE - SEE SHEET 402/09/2024EXP. 9/2024Tyler H. Johnson2/9/20242/16/242/16/24337703/04/2024Page 137 of 437
12460.36AHEADSIGNAL1512129E1512130EOAK VALLEY PARKWAY2440245024602470SEWER CONSTRUCTION NOTES37+0038+0039+0040+0041+0042+00HOR SCALE: 1''=20'VERT SCALE: 1''=4'PROFILE: OAK VALLEY PRKWY( IN FEET )GRAPHIC SCALE0401" = 20' 02020DesignCivilCivilDesignBYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEENGINEER OF WORKR.C.E.SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 7 SHEETSATLAS CIVIL DESIGN, INC.872 HIGUERA STREETSAN LUIS OBISPO, CA 93401CONTACT: TYLER H. JOHNSONTEL:(213) 810-8470GMHGMHTHJAS NOTED4/1/202120-071BEAUMONT LANDING1396 DESERT LAWN DRIVE,BEAUMONT, CA 92223BENCHMARK:4 INCH PVC PIPE WITH SCREW ON PLUG, 1INCH ABOVE GROUND SURFACE, LOCATED1.4 MILES WEST OF INTERSTATE 10 TO SANTIMOTEO CANYON RD, AND FRONTAGE ROADON SOUTHEAST SIDE OF INTERSTATE 10, 0.1MILE SOUTHEAST ALONG FRONTAGE ROAD,SOUTH AND ACROSS THE ROAD FROM AGUY POLE 25.9 FEET SOUTH OF THECENTERLINE OF FRONTAGE ROAD, 1.8 FEETWEST OF A POWERPOLE AND 1.5 FEET EASTOF A WITNESS POST.ELEV. 2468.07, NAVD 88PW2020-0579ATLASADDED POLE LOCATIONS1/19/22SEWER EXTENSION PLAN AND PROFILE -2C4.0MATCHLINE - STA 36+20.00 MATCHLINE - SEE SHEET 3 SEE SHEET 5 FOR CONTINUATION02/09/2024EXP. 9/2024Tyler H. Johnson2/9/20242/16/242/16/24337703/04/2024Page 138 of 437
AHEAD1512129E4441490E1512132E1512130E1512131EDESERT LAWN DRIVEOAK VALLEY PARKWAY ℄℄SEWER CONSTRUCTION NOTES246024702480249010+0011+0012+0013+0014+0015+00℄ ℄
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℄℄℄SEWER DATA TABLENO.BEARINGLENGTH( IN FEET )GRAPHIC SCALE0401" = 20' 02020DesignCivilCivilDesignBYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEENGINEER OF WORKR.C.E.SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 7 SHEETSATLAS CIVIL DESIGN, INC.872 HIGUERA STREETSAN LUIS OBISPO, CA 93401CONTACT: TYLER H. JOHNSONTEL:(213) 810-8470GMHGMHTHJAS NOTED4/1/202120-071BEAUMONT LANDING1396 DESERT LAWN DRIVE,BEAUMONT, CA 92223BENCHMARK:4 INCH PVC PIPE WITH SCREW ON PLUG, 1INCH ABOVE GROUND SURFACE, LOCATED1.4 MILES WEST OF INTERSTATE 10 TO SANTIMOTEO CANYON RD, AND FRONTAGE ROADON SOUTHEAST SIDE OF INTERSTATE 10, 0.1MILE SOUTHEAST ALONG FRONTAGE ROAD,SOUTH AND ACROSS THE ROAD FROM AGUY POLE 25.9 FEET SOUTH OF THECENTERLINE OF FRONTAGE ROAD, 1.8 FEETWEST OF A POWERPOLE AND 1.5 FEET EASTOF A WITNESS POST.ELEV. 2468.07, NAVD 88PW2020-0579ATLASADDED POLE LOCATIONS1/19/22SEE SHEET C4.0 FOR CONTINUATION SANITARY SEWER PLAN AND PROFILEC5.002/09/2024EXP. 9/2024Tyler H. Johnson2/9/20242/16/242/16/24337703/04/2024Page 139 of 437
DesignCivilCivilDesignBYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEENGINEER OF WORKR.C.E.SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 7 SHEETSATLAS CIVIL DESIGN, INC.872 HIGUERA STREETSAN LUIS OBISPO, CA 93401CONTACT: TYLER H. JOHNSONTEL:(213) 810-8470GMHGMHTHJAS NOTED4/1/202120-071BEAUMONT LANDING1396 DESERT LAWN DRIVE,BEAUMONT, CA 92223BENCHMARK:4 INCH PVC PIPE WITH SCREW ON PLUG, 1INCH ABOVE GROUND SURFACE, LOCATED1.4 MILES WEST OF INTERSTATE 10 TO SANTIMOTEO CANYON RD, AND FRONTAGE ROADON SOUTHEAST SIDE OF INTERSTATE 10, 0.1MILE SOUTHEAST ALONG FRONTAGE ROAD,SOUTH AND ACROSS THE ROAD FROM AGUY POLE 25.9 FEET SOUTH OF THECENTERLINE OF FRONTAGE ROAD, 1.8 FEETWEST OF A POWERPOLE AND 1.5 FEET EASTOF A WITNESS POST.ELEV. 2468.07, NAVD 88PW2020-0579ATLASADDED POLE LOCATIONS1/19/22DETAIL SHEET - 1C6.002/09/2024EXP. 9/2024Tyler H. Johnson2/9/20242/16/242/16/24337703/04/2024Page 140 of 437
DesignCivilCivilDesignBYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEENGINEER OF WORKR.C.E.SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 7 SHEETSATLAS CIVIL DESIGN, INC.872 HIGUERA STREETSAN LUIS OBISPO, CA 93401CONTACT: TYLER H. JOHNSONTEL:(213) 810-8470GMHGMHTHJAS NOTED4/1/202120-071BEAUMONT LANDING1396 DESERT LAWN DRIVE,BEAUMONT, CA 92223BENCHMARK:4 INCH PVC PIPE WITH SCREW ON PLUG, 1INCH ABOVE GROUND SURFACE, LOCATED1.4 MILES WEST OF INTERSTATE 10 TO SANTIMOTEO CANYON RD, AND FRONTAGE ROADON SOUTHEAST SIDE OF INTERSTATE 10, 0.1MILE SOUTHEAST ALONG FRONTAGE ROAD,SOUTH AND ACROSS THE ROAD FROM AGUY POLE 25.9 FEET SOUTH OF THECENTERLINE OF FRONTAGE ROAD, 1.8 FEETWEST OF A POWERPOLE AND 1.5 FEET EASTOF A WITNESS POST.ELEV. 2468.07, NAVD 88PW2020-0579ATLASADDED POLE LOCATIONS1/19/22DETAIL SHEET - 2C7.002/09/2024EXP. 9/2024Tyler H. Johnson2/9/20242/16/242/16/24337703/04/2024Page 141 of 437
Staff Report
TO: City Council
FROM: Robert L Vestal, Public Works Director
DATE September 3, 2024
SUBJECT: Performance Bond Exoneration and Survey Monuments
Description Performance bond exoneration for street improvements associated with Tract Map No. 31462, and survey monuments associated with Tract Map No. 27971 -10, Tract Map No. 27971-1, Tract Map No. 27971-11, and Tract Map No. 27971-12 Background and Analysis:
The City requires all developers to provide construction security for public improvements consisting of, but not limited to, street improvements, sewer improvements, storm drain improvements, and survey monumentation. After the improvements are constructed, City staff verifies that no liens have been filed, that the improvements are completed in accordance with the project’s conditions of approval, design standards, and City requirements, and that all punch list items have been addressed. Once verified, the City Council may exonerate the construction security and accept a one-year maintenance security.
During the one-year maintenance period, the developer maintains all associated improvements. After the one-year term has elapsed, the developer may petition the City Council to accept the improvements into the publicly maintained system and exonerate the maintenance security.
The principals are requesting that the performance and payment bonds listed in Table No. 1 be exonerated and that the City Council accept the corresponding maintenance bond for a period not less than one year.
City staff has verified that the improvements were constructed in accordance with the project’s conditions of approval, design standards, and City requirements and that all punch list items have been addressed.
Table No. 1 – Bond Summary
Project Performance
Bond
Number
Improvement File
Number
Principal
Tract Map
No. 31462
1001124448 Street
Improvements-
Phase 4A
3281C SDC Fairway
Canyon, LLC
Tract map
No. 27971-10
CMS0348855 Monumentation N/A RSI Communities-
California LLC
Tract Map
No. 27971-1
1155908 Monumentation N/A RSI Communities-
California LLC
Tract Map
No. 27971-11
CMS048856 Monumentation N/A RSI Communities-
California LLC
Tract Map
No. 27971-12
CMS0348857 Monumentation N/A RSI Communities-
California LLC
Therefore, City staff recommends that the City Council accept the maintenance security and authorize it. The City staff will issue a bond exoneration letter for the performance and payment bonds. The survey monuments do not require a maintenance bond.
Fiscal Impact:
The cost of preparing the staff report is estimated to be $350. The principal maintains all associated improvements during the maintenance period. The City is not liable for public improvement maintenance until the public improvements are accepted into the City’s publicly maintained system. Survey monuments do not require maintenance.
Recommended Action:
Authorize City staff to issue a Bond Exoneration Letter for Performance and Payment Bonds for (Project / Bond Number / Improvement):
• Tract Map No. 31462 / 1001124448 / Street
• Tract Map No. 27971-10 / CMS0348855 / Monumentation
• Tract Map No. 27971-1 / 1155908 / Monumentation
• Tract Map No. 27971-11 / CMS048856 / Monumentation
• Tract Map No. 27971-12 / CMS048857 / Monumentation
Attachments:
A. PW 2023-1077 - TR 31462 Street Bond-x Package
B. PW2024-0093-TR27971-10 Monumentation x Package
C. PW2024-0011-TR27971-1 Monumentation x Package
D. PW2023-1039-TR27971-11 Monumentation x Package
E. PW2023-1040-TR27971-12 Monumentation x Package
PW2023-1077
R01360016
3,915.00
11/7/2023
[COMPANY NAME]
Punch List
Project Name: Fairway Canyon Infrastructure Street – Phase 4A Parcel Map 31462
Tract No. 31462
PW2023-1077 Bond No. 1001124448
Inspected By: Jason Craghead Page: 1 of 1 Date: 1/18/2024, Updated on 6/14/24
Item
No. Description
Completed by
Construction
(Sign/Date)
Accepted by
(Sign/Date)
1 missing Improvements Sheet 12, 13, and
14 on plans
Omitted 4/17/24 (Per
Robert V)
2 S/S of Sorenstam, between Janzen /
Weiskopf R&R 2 S/W panels per Riverside
County Std Plan No. 401
Jason Craghead
2/29/24
Jason Craghead
3/1/24
3 Appl Thermoplastic Striping on Sorenstam
from Tukwet – Faldo Street
Jason Craghead
1/29/24
Jason Craghead
1/30/24
4 Intersection of Tukwet / Sorenstam,
Replace / Repair asphalt patch in middle
of the intersection as marked
Jason Craghead
3/11/24
3/15/24
5 N/E corner of Oak Valley Parkway /
Tukwet Curb Ramp has cracking, R&R per
Riv County Std. 403 case A
Jason Craghead
3/8/24
Jason Craghead
3/15/24
6 Replace damaged Speed Limit post at the
intersection of Tukwet / Roxy
Jason Craghead
4/17/24
Jason Craghead
4/17/24
7 S / E corner of Tukwet / Mickelson, top
landing on Curb Ramp not in ADA
compliance Riv. Co 403 case A
Jason Craghead
3/8/24
Jason Craghead
3/15/24
8 N / W corner of Tukwet / Oak valley
Parkway, chipped Curb.
Jason Craghead
3/8/24
Jason Craghead
3/15/24
9 On Sorenstam East of Tukwet Detail 22
(Raised Pavement Markers) missing.
Install per Signing and Striping Plan
Jason Craghead
4/17/24
Jason Craghead
4/17/24
10 Second Street Light North of Oak Valley
Parkway on Tukwet was replaced due to
damage from a vehicle.
Alex Stanko
07-05-24
Alex Stanko
07-05-24
Replace 14 Watt bulbs with 40 Watt.
(Part of above item #10)
[COMPANY NAME]
Punch List
Project Name:
Tract No.
PW Bond No.
Inspected By: Page: Date:
Item
No. Description
Completed by
Construction
(Sign/Date)
Accepted by
(Sign/Date)
11 Streetlights on Tukwet between Josh Dr /
Zachary Way in Center median are not
functioning
Alex Stanko
07-05-24
Alex Stanko
07-05-24
12 The first Streetlight S of Sorenstam on
Tukwet is not functioning
Alex Stanko
07-05-24
Alex Stanko
07-05-24
14 125109 jefferson Ave. Suite 200
Murrieta, CA 92562
951-200-6840 PHASE 2PHASE 1&
2/22
03/09/2022
AS-BUILT
OAK VALLEY PARKWAY15+0016+0017+0018+0019+0014+0013+0012+0011+0010+00142RIGHT22452245 2245LEFTRIGHT22602260C.L.2260LEFTMATCHLINE - 19+50.00 - SEE SHEET 3
IDENTICAL
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IDENTICAL
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24+0025+0026+0027+0028+0029+0030+0031+0023+0022+0021+0020+0019+0019+50.00 - MATCH LINE - SEE SHEET NO. 2 143RIGHT22952295C.L.2295LEFTMATCHLINE 30+00.00 SEE SHEET 4
IDENTICAL
POINTS IDENTICAL
POINTS
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POINTS25109 jefferson Ave. Suite 200Murrieta, CA 92562951-200-6840SORENSTAM DRIVECONSTRUCTION NOTES30+00.00 - MATCH LINE - SEE SHEET NO. 4SORENSTAM DRIVE03/09/2022Page 170 of 437
CONSTRUCTION NOTES
30+00.00 - MATCH LINE - SEE SHEET NO. 314
441+25.00
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SHEET
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25109 jefferson Ave. Suite 200
Murrieta, CA 92562
951-200-6840
33+00
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2300
2300
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2300
LEFT
32+0030+00 31+0030+00.00 - MATCH LINE - SEE SHEET NO. 334+00 35+00 36+00 40+00 41+0037+00 38+00 39+00IDENTICALPOINTSIDENTICALPOINTSIDENTICALPOINTSIDENTICALPOINTSIDENTICALPOINTSIDENTICALPOINTSIDENTICALPOINTSIDENTICALPOINTSIDENTICALPOINTSRIGHT 2315
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03/09/2022
CONSTRUCTION NOTES14541+25.00 - MATCH LINE - SEE SHEET NO. 4 50+50.00 - MATCH LINE - SEE SHEET NO. 625109 jefferson Ave. Suite 200Murrieta, CA 92562951-200-6840FUTURE STREET46+0048+0049+0050+0051+0043+00RIGHT23602360C.L.2360LEFTRIGHT23902390C.L.2390LEFT42+0041+0044+0045+0047+00IDENTICAL POINTS
IDENTICAL
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IDENTICAL
POINTSFUTURE STREETFUTURE STREET03/09/2022Page 172 of 437
CONSTRUCTION NOTES14650+50.00 - MATCH LINE - SEE SHEET NO.5MICKELSON DR.25109 jefferson Ave. Suite 200Murrieta, CA 92562951-200-684053+0052+0051+0054+0056+0055+0054+0063+00RIGHT24052405C.L.2405LEFT50+0053+92.16 END CONSTRUCTION - JOIN EXISTING IMPROVEMENTS 03/09/2022Page 173 of 437
14 725109 jefferson Ave. Suite 200
Murrieta, CA 92562
951-200-6840 35+00.00 - MATCH LINE - SEE SHEET NO. 816052535455 49 50
51 2240
C.L.
2240
LEFT
2240
RIGHT
CONSTRUCTION NOTES
FUTURE STREET
FUTURE STREET
03/09/2022
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35+00.00 - MATCHLINE - SEE SHEET 744+00.00 - MATCHLINE - SEE SHEET 9 2320 2320
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25109 jefferson Ave. Suite 200
Murrieta, CA 92562
951-200-6840
SEE SHEET 14SECONDARY AC
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03/09/2022
14 925109 jefferson Ave. Suite 200
Murrieta, CA 92562
951-200-6840
CONSTRUCTION NOTES
2310
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44+00.00 - MATCHLINE - SEE SHEET 853+00.00 - MATCHLINE - SEE SHEET 10 2310 RIGHT
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141059+25.00 - MATCH LINE - SEE SHEET NO. 1153+00.00 - MATCH LINE - SEE SHEET NO.9CONSTRUCTION NOTES 2295 RIGHT 2295 C.L. 2295 LEFT53+00.00 - MATCHLINE - SEE SHEET 9 59+25.00 - MATCHLINE - SEE SHEET 11
2285 LEFT25109 jefferson Ave. Suite 200Murrieta, CA 92562951-200-6840IDENTICAL POINTS
2285C.L. 2285RIGHTIDENTICAL
POINTS
IDENTICAL
POINTS
03/09/2022Page 177 of 437
1411CONSTRUCTION NOTES59+25.00 - MATCH LINE - SEE SHEET NO. 10TUKWET CANYON PARKWAYTUKWET CANYON PARKWAY 2290 RIGHT 2290 C.L. 2290 LEFT59+25.00 - MATCH LINE - SEE SHEET NO. 10 2290 RIGHT 2290 C.L. 2290 LEFT25109 jefferson Ave. Suite 200Murrieta, CA 92562951-200-6840PHASE 1PHASE 2 03/09/2022Page 178 of 437
14 1225109 jefferson Ave. Suite 200
Murrieta, CA 92562
951-200-6840
CONSTRUCTION NOTES
03/09/2022
14 1325109 jefferson Ave. Suite 200
Murrieta, CA 92562
951-200-6840
CONSTRUCTION NOTES
03/09/2022
14 1425109 jefferson Ave. Suite 200
Murrieta, CA 92562
951-200-684020+00.00 - MATCH LINE - SEE SHEET NO.13F
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03/09/2022
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
(951) 769-8520
www.ci.beaumont.ca.us
BOND EXONERATION APPLICATION
Bond Type: Performance Maintenance Final Monument Inspection Other:________
1. Contact’s Name ________________________________________Phone___________
2. Contact’s Address _______________________________________________________ City/State/Zip
5.Contact’s E-mail_________________________________________________________
3. Developer Name ______________________________________Phone____________ (If corporation or partnership application must include names of principal officers or partners)
4. Developer Address _____________________________________________________ City/St/Zip
5. Description of Bonds (including Bond Number, Tract Map/Application number, Lot number, and description of improvements covered):
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________
6.CERTIFICATION OF ACCURACY AND COMPLETENESS: I hereby certify that to the best of my knowledge the information in this application and all attached answers and exhibits are true, complete, and correct.
________________________________________________________________________ Print Name and Sign –Contact/Applicant Date
7. Contractor shall indemnify, defend, and hold harmless the City and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor’s performance of work hereunder or its failure to comply with any of its obligations for which this Bond exoneration is requested, except for such loss or damage which was caused by the active negligence of the City. ________________________________________________________________________ Print Name and Sign –Contact/Applicant Date
Case No. ________________
Receipt No. ______________
Fee $____________________
Date Paid ________________
Chris Carlaccini 657-292-5781
6440 Oak Canyon Suite 200 Irvine CA 92618
[email protected]
Talyor Morrison 647-292-5781
6440 Oak Canyon Suite 200
Olivewood Monumentation for TR 27971-10 (PA10) - Perf/Payment Bonds Bond # CMS0348855
Chris Carlaccini 6/20/2024
Chris Carlaccini 6/20/2024
PW2024-0093
R01580940
3,915.00
7/12/2024
8. Developer/Contractor has completed all the following items prior to requesting release or has included them in the application.
x Remove and replace concrete and AC as needed where lifting. x Provide AC crack fill as needed. Crack fill/seal shall be hot asphaltic emulsion. x Provide Type II slurry coat for all road surfaces.
x Restore/Verify pavement striping/markings.
x Restore/Verify blue dots and signage as needed.
x Clean and camera sewer. Provide report and video copy of camera survey. x Provide all final geotechnical reports.
x Provide Engineers’ certification for line and grade within Right-of-Way. x Provide Landscape Architects Certification as required. ________________________________________________________________________ Print Name and Sign –Contact/Applicant Date
Chris Carlaccini 6/20/2024
[COMPANY NAME]
Punch List
Project Name: Olivewood Monumentation Bond
Tract No. 27971-10 (PA10)
Final Monument
Inspection
PW2024-0093 Bond No. CMS0348855
Inspected By: Alex Stanko Page: 1 Date: August 6, 2024
Item
No. Description
Completed by
Construction
(Sign/Date)
Accepted by
(Sign/Date)
1 No items to report. Alex Stanko
8-6-24
Alex Stanko
8-6-24
Stantec Consulting Services Inc.
735 East Carnegie Drive Suite 280, San Bernardino CA 92408-3588
July 30, 2024
File: 2042 495812
Robert Vestal
City of Beaumont
Public Works Department
550 E. 6th Street
Beaumont, CA 92223
Reference: Final Monuments – Tract No. 27971-10
Dear Robert,
Please be advised that the final monuments for Tract No. 27971-10 have been set. The centerline ties for this map are enclosed for your review and approval.
The developer has compensated us for the setting of these monuments. Please release the monument bond or cash deposit for this map.
Thank you for your help in this matter.
Regards,
Stantec Consulting Services Inc.
Ray E. Mansur, PLS
Senior Principal, Geospatial Services
Phone: (949) 923-6012
[email protected]
\\us0328-ppfss02\2042\active\2042495810\record\mapping\cl_ties\tr27971-10\monu_map no 27971-10_let.docx
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
(951) 769-8520
www.ci.beaumont.ca.us
BOND EXONERATION APPLICATION
Bond Type: Performance Maintenance Final Monument Inspection Other:________
1. Contact’s Name ________________________________________Phone___________
2. Contact’s Address _______________________________________________________ City/State/Zip
5.Contact’s E-mail_________________________________________________________
3. Developer Name ______________________________________Phone____________ (If corporation or partnership application must include names of principal officers or partners)
4. Developer Address _____________________________________________________ City/St/Zip
5. Description of Bonds (including Bond Number, Tract Map/Application number, Lot number, and description of improvements covered):
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________
6.CERTIFICATION OF ACCURACY AND COMPLETENESS: I hereby certify that to the best of my knowledge the information in this application and all attached answers and exhibits are true, complete, and correct.
________________________________________________________________________ Print Name and Sign – Contact/Applicant Date
7. Contractor shall indemnify, defend, and hold harmless the City and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor’s performance of work hereunder or its failure to comply with any of its obligations for which this Bond exoneration is requested, except for such loss or damage which was caused by the active negligence of the City. ________________________________________________________________________ Print Name and Sign – Contact/Applicant Date
Case No. ________________
Receipt No. ______________
Fee $____________________
Date Paid ________________
PW2024-0011
R01562195
3,915.00
4/23/2024
8 Chris Carlaccini 657-292-5781
6440 Oak Canyon Suite 200 Irvine CA 92618 [email protected]
Talyor Morrison
6440 Oak Canyon Suite 200 Irvine CA 92618 TR 27971-1 Final Monument. Release of Bond 1155908
Chris Carlaccini 2/21/2024
Chris Carlaccini 2/21/2024
8. Developer/Contractor has completed all the following items prior to requesting release or has included them in the application.
Remove and replace concrete and AC as needed where lifting. Provide AC crack fill as needed. Crack fill/seal shall be hot asphaltic emulsion. Provide Type II slurry coat for all road surfaces.
Restore/Verify pavement striping/markings.
Restore/Verify blue dots and signage as needed.
Clean and camera sewer. Provide report and video copy of camera survey. Provide all final geotechnical reports.
Provide Engineers’ certification for line and grade within Right-of-Way. Provide Landscape Architects Certification as required. ________________________________________________________________________ Print Name and Sign – Contact/Applicant Date
Chris Carlaccini 2/21/2024
[COMPANY NAME]
Punch List
Project Name: Final Monument Release of Bond
Tract No. 27971-1
PW2024-0011 Bond No. 1155908
Inspected By: Jason Craghead Page: 1 of 1 Date: 7/18/24 Item
No. Description
Completed by
Construction
(Sign/Date)
Accepted by
(Sign/Date)
1 Please provide a Tract Map with the
proper Street Name Signs
Jason Craghead
7/30/24
Jason Craghead
7/31/24
2 Provide COC recording information for CL
tie sheet(s)
Richard Godsey
8/8/24
Richard Godsey
8/8/24
• • BOSANA
LANE ARTISAN PLACE-023596908/07/2024Page 250 of 437
• • OLIVEWO
O
D
W
A
Y ARTISAN PLACESEVILLA
W
A
Y-023596908/07/2024Page 251 of 437
• • OLEA COURTBOSANA LANE
-023596908/07/2024Page 252 of 437
• • BOSANA LANEPIENZA
WAY-023596908/07/2024Page 253 of 437
• • PIENZA WAYSE
V
I
L
L
A
W
A
Y-023596908/07/2024Page 254 of 437
NUMBER OF LOTS: 69
NUMBER OF LETTERED L ACTS : 6
ACREAGE OF LOTS: 1343 AC.
ACREAGE OF LETTERED LOTS: 4.41 AC.
TOTAL ACREAGE: 1784 AC.
OF HEREBY STATE THAT WE ARE 7W OWNERS OF 7W LAND AMCLUDED WITHIN THEE SUBDMSION SHOWN HfEREEON, 7NAT or ARE THE AMC Y PERSONS *MS£ CONSENT IS NECESSARY 70 PASS A CLEAR TITLE TO SHAD LAND; rAm r sw CANSE7VT 70 THE MAKING AIWAD RECORDING OF THIS SUBDIVISIOW AMP AS SHOWN w HIN THE D/S11NC77VE• &WDER L#W
OF HEREBY DEEDICA7E TO THE CRY OF BFAtl& NT, FOR S7REET AAV PUBLIC UIXITY PURPOSES, LOT 'A' NEAR7Z NVD PARKWAY SOUNH), LOT 'B' (VANO£RBNCT WAY), LOT 'C' (GOLDE7V GALE WAY), LOT 'D' (RALEIGH STREET), LOT 'f' (CUM19E_aAND WAY), AND LOT 'F' (T,ACOYU4 COURT).
OF ALSO MERE?' DEDICATE TO 71•I!E" CRY OF BEEAUNOW,, A SE)WR EASEMENT OAfW L075 8 AND 28 AS St"ON HEREONN f " P CO NSTRUC7TON AMD MONI ENANCE OF SEi1+E'R FACIL /TIESS, OF Ih7fEBY AETA1/V LOTS 61? ANO M #WACLUSIVE, FOR COIi )W N OPEN SPACE AW LAAV5C4PE AA4W ENANCE, AS SMOON h0REOIV, 70 OURSELVES, OUR SUCCESSORS, ASSIGNf ES AW LOT OWNERS w7w THIS 7Rr4CT.
L V WEARX4AV LLC,
A DEZAWARLF LAV7ED L14BA+LRY COMPANY
f7DEllY IW1 7A%WL TITLE INSURANCE COWANY, AS 7JR l= UhgX - R DEED OF T7mUST RECORDED JMY 31, 2W6 AS MISSTRIlWNT MD. 2006- 557501, OF OFf7C4 RECORDS, AN M/S7RU4R7VT ENTTn" 'SECOND AMEWDED AAAD RESTATED COAT 7+?UC770N DEED OF TRUST AND fTX7URE FXAW' RECORDED OCTOBER 04, 2007 AS INS7RU49W A00 2007- 0619882, OF OI~FIC/AL RECORDS
AEFLITY AM £ INSURA E ANY
s
BY. Z ; A YN
SENIOR VALE PRESIDENT
STATE OF MEW YORK )
SS
COUNTY OF NEW YORE )
ON BrETORE W, THEE UNDERSIGNED, PERSONALL Y APPEARED
PERSOWLLY KNOWN TO ME (AR PREOVLED TO ME ON THE 84SIS OF S477SFAC70RY EVIDENCE) 70 BE 7HE PERSON(o WMOSE NAAIE x lsl#e SUBSCRIBEED 70 7N£ W"IN A+Y57RUMJ w MAD ACKNOwC.EDGED 70 w rAmT ME1.%W1lytE9" EXECUTED 7W SAAB IN HISAWf1?W N AUTHORIZED GAPACITYaes, Am 77,64T BY HM/lb "RQ/7Tj0T Sr.A A lURE X AN THE NVSTRUWFNT THE PERSON(, OR rW ENI77TY(ti r lJIAON BlEWF OF WHOC'H IINE PEfRSOAIjX ACTED, EXECUTED 7NE /NS7RU40£NT.
MY COMIIIISS/ON EXPIRES Aty Z t"s
IN THE CITY OF BEAUMONT, COUNTY OF RIVERS /DE, STATE OF CAL IFORNIA TRACT NO. 27971 - 1
BEING A SUBDIKSION OF PARCEL 1 AND LOT 'W' OF PARCEL MAP NO. 34880, RECORDED IN BOOK AW PAGES t= THROUGH 7*, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA WITHIN SECTION 6, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN.
FEBRUARY 2014 STANTEC CONSULTING INC.
l =&% T IFY rM T A BOND IN THE SUM OF j A64S BEEN EXECUTED - !'fLF13 W4 M THE BI f" SU k750RS OF THE COUNTY OF RIVERSIDE, CALIFORNIA, CONDMON LIP OF ALL TAXES, STATE; C06 D MSICIPAL, OR LOCAL, AND ALL SPECIAL ASSESSME7VT. C7ED AS TAXES, WHICH AT THE lWT OF 7H'£ fX/W OF _LIMP W'7H THE COUNTY RECORDER AREA bFV AGAINST ,WD PROPERTY BUT NOT YFT PAYABLE AND SAID &WD HAS BEEN DULY APPROVED BY SAID.. id4*h OF SUPERVISORS PT Ff i
CASH OR SURETY TAX BOND
DON KENT
COUNTY TAX COLD R
or DEPUTY
PURSUANT TO SECTION 66436 OF 79£ SUBDIMVN A NP ACT, THE SIGAATURES OF 7HE FOLLOWING OWNERS OF £ASEM£NT5 AND /OR OTHER INTERESTS HAVE BEEN OMII7ED:
1. SOUINERN PACIFIC PIPELINES, A CORPORATION, MOLDER OF AN EASEMENT FOR PIPELINES AS RECORDED JUNI£ 16, 1955 AS INSTRUMENT NO. 39399 OF Of FACIAL RECORDS OF RIVERSIDE COUNTY. THE EXACT LOC477ON ANV EXTENT OF SAND EASEAIEENT IS MOT DISCLOSED OF RECORD.
PRELIMINARY GEOTECHNI CAL ffAfS 1GAT70N REEPORT aw TENTATIVE TRACT Amp NO. 27971 041 ED OCM8ER 6, 2006 AS PROI/ECT N0. 700136 m4s PREPARED BY PACIf7C SOULS E7VGI awlLAG, Imc AS REQUIRED BY SECTIONS 17853 OF THEE CALIFORNIA HEALTH AND S VY CODE AND /S REQUIRED BY SEC770N 66434.5 OF 77•i£ CALIFORNIA GOVERAWNT CODE. A COPY OF SAAR REPORT IS ON FILE FOR PUBLIC INSPEC77ON IN THE CITY ENGINEERS OfTICE.
STATE OF
COUNTY 06ICAn&A-, )
ON BEFORE
PEERSONALL )rAPPE RED 1 ^ p Awa % j wI
NNO PROVED 70 M£ ON 79£ BASIS OF S477SFACTORY EMENCE 70 BE THE PERSON`8f WHOSE IiRM£48j IS,WP' SUBSCRIBED TO THE Wf7HIN INSTRUMENT AND ACKNOWLEDGED TO AAE THAT HE14PC1Nvr'M EXECUTED THE SAME IN MS / jIW11W W AUTHORIZED CAPACI YaM, AND THAT BY MSIAeP/U&W SIGNATUREX ON TIME INSTRUMENT THE PERSON', OR THE ENTITY UPON BEHALF OF WHICH THE PERSONBj' ACTED, EXECUTED THE INSTRUMENT.
l CERTIFY UNDER PENAL 1Y OF PERJURY, UNDER TH£ LAWS OF THE STATE' OF CALIFORNIA, 77VAT THE fOREGOING PARAGRAPH IS THE IJ'PUE AND CORRECT.
W/7NESS MY HAND.-
M al 4m" iv_ -f9wlM-4
SIGNATURE
PRINT NAME)
MY COMMISSION EXPIRES Ar
MY PRINCIPAL PLACE OF B'lJS /N SS lS _ • COUNTY.
2014- o467ca7 g
O U6aJA-L toe
SHEET 1 OF 5 SHEETS 1 Ll
RECORDER'S SrA TEMENT
FILED THIS Z Y Of -F a .CAEIN 20-d,
AT l BOOK OF MAPS, AT
PAGES - , AT THE REQUEST OF THE
CITY CLERK OF THE CITY OF BEAUMONT.
FEE •
LARRY W. WARD
ASSESSOR - COUNTY CLEW - RECORDER
BY.• ?&4 DEPUTY
SUBDMSION GUARANTEE.• 1TY NATIONAL TITLE COAAIPANY
Ff. : I l
l HEREBY CERTIFY 7HAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS LATE, THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE #"#v MAP FOR UNPAID STATE, COUNTY, MUNICIPAL, OR LOCAL TAXES OR SPECIAL. ASSESSMENTS COLLECTED AS TAXES, .tf9ftG9 LArI TED.• D A ;-, , 201-+ DON KENT, COU/VTY TAX COLLECTOR
BY DEPUTY
THIS AMP WAS PREPARED BY ME OR UNDER MT DRfC77ON A W !S 84SED ON A FIELD SURVEY RV CONFORMANCE WITH THE REOUIRfM£ti/TS OF 774E SOROMSION MAP ACT AND LOCAL ORDINANCE AT rHE REEOUE57 OF L V HEARTLAND, LLC ON FEBRUARY, 2014. / HEREBY STA IF T)5b+1 T ALL MONUMENTS ARE OF IW CHARACTER AND OCCUPY 7N£ POSR70NS INDICATED, OR rmr THEY WLL BE SET IN ACCORDANCE W N THE TERMS OF THE wNUArfNT AGREEMENT FOR THE AMP, AND rmT 7NE AK3NUME7VT5• ARE OR mu BEE, SUFf7CIENT TO ENABLE THE SURVEY TO BE RETRACED, ANAD rM T THIS Rh AL AMP SUBSTANTIALLY CONfORMS TO THE CONDMONALL Y APPROVED TENTATIVE AMP. IH/S SURVEY IS TRUE AND COMPLETE AS SHOWN.
L14 _, 20.LY SP LA/y0
S GRAYE. AM UR, P.L.S. 185
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T
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l HEREBY STATE THAT / HAVE EXAMINED 7HE WgTHIIN AMP, THAT THE SUBDMSJON AS SHOWN HEREON /S SUBSTANTIALLY 7HE SAME AS IT APPEARED ON 7HE AMENDED 7EWA77VE AGAP OF TRACT NO. 27971, BY rW BEAUMONT CRY CDUNCK ON AUGUST 2, 2005, AND ANY APPROVED AL 7ERA 77ON 7WRE10f Tm r ALL PROVISIONS OF 74E SUBDMSION AMP ACT AND OF T77LE 16 OF THE BEAUMONT MUNICIPAL CODE APWLIC AE AT THE 77AC OF THE APPROVAL OF THE 7ENTA77VF AMP HAVE BEEN COMPILED W M, 7h AT l AM S477SRTED 7h4T rHE AMP /S 7ECHmc ALLY CORRECT, THAT 71YE PLANS f0R 1NE DRAINS, DRAINAGE WCIRKS, Amo SEWERS SUFf7C/ENT 70 PROTECT ALL L07S /N THE SUBDIVISION FROM FLOODS HAVE BEEN APPROVED; THAT A COMPLETE SET OF PLANS FOR 7N£ CONS7RUC770N OF ALL REWIRED IMPROVEMEN S hHS' BEEN f7L£D WIRY 7HE COMMUNITY DEVELOPMENT DEPAmmENT AND rmT n4f` SAME HAVE BEEEN CHECKED AND APPROVED, AAV THAT ALL IMPROVEMENTS HAVE BEEN COMPLETED AN ACCORDANCE WITH 7HE APPROVED PLANS OR 7N4T IW SUBDMDER HAS ENTERED INTO AGREEMENT wm THE CITY OF BEAUMONT COVERING COEA#'L£T10N OF ALL IMPROVEMENTS AND SPECIFYING 79E 77ME FOR COMPLETING THE SAME AS MAY BE REWIRED BY CONDII?ONS OF APPROVAL DA TED AUGUST 2, 2005.
FOR. DEEPAK MOOR ANI, R.C.E. 51047
CITY ENGINEER, CITY OF BEAUMONT`
LA47ED: L & Cif 20 —A BY
DENNIS W. ANDA, P f S 6359
EXPIRES' 12/31/20
LAW _ ,A
l EQY CERTIFY 1NAT S P WAS APP VED BY rHE CITY COUNCIL OF rW CITY AF BFAU INT ON DRAY OF 20-!'1 AND rwr THE DEFERS OF DEEDK'A>TONS DEPICTED HEREON WERE NOT ACCEPTED. 77-IE CITY COUNCIL AMY,, HOWEVER, BY RESOLU77ON AT ANY LATER LMI7; AND w HOOT FURTHER AC77ON BY THE SUBDMDER, RESCIND IrS AC77ON AND ACCEPT 7N£ fZXLOWING D6Q1C4770N(S) AND IMPROVEW - AU5 FOR PUBLIC USE WHICH ACCEPTANCE SHALL BE RECORDED IN THE RIVERSIDE COUNTY RECORDER.
FOR S7REET AND PUBLIC U77LITY PURPOSES LOT A' (HEAR7LAN0 PARKWAY SOUTH), LOT 18' (VANDERBILT WAY),
LOT 'C' (GOLDEN GATE WAY), LOT 'D' (RALEIGH STREET), LOT 'E' (CUMBERLAND WAY), AIMD LOT 'F' (TAC &A
COURT),
THE EASEMENT FOR SELLER PURPOSES OVER LOTS 8 AND 28.
LZ41E0: I X ` 11 20
C/lY CLERK BEA( NT
RIVERSIDE ALIFO lA
U4 1
1. TWT Ab. 27971 -1 CONMACS 17.& AC1+Pa 6POSS
z 7AWT AV 27971 -1 CONTA4W 0 M0 FREED LOTS Aw LETTERED L073 1 NW&CH 7 - (SM,EErs).
3. B[JVrtAW S1 734CKS SPWL COMrDW 70 E USTAY(G 2D WG REGU[A7X W. 4 M~r fA5E11lWS 9W BE KEPT FRIEE GIF fiMA M AW ABS7RUC7M Q h" SET 1 l.P. ffl"ASW Pt 2S 7185', fZM..
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ALL AtVRAWN75 AW SET ACCORDhW TO RAfFSW CAUKY OiRWAVE A40 461.9 6 7
TRACT NO 27977 - 7
BEING A SUBDIVISION OF PARCEL 1 AND LOT 'W' OF PARCEL MAP NO. 34880, RECORDED IN BOOK 237, PAGES 67 THROUGH 76, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA WITHIN SECTION 6, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN.
FEBRUARY, 2014 STANTEC CONSULTING INC.
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17005.01
1 16842 Von Karman Avenue, Suite 150, Irvine, CA 92606
T 949.753.8111
CannonCorp.us
City of Beaumont
Public Works
550 E. 6th Street
Beaumont, CA 92223
In accordance with Section 66497 of the Subdivision Map Act of the State of California I hereby give notice that the final monuments for Tract Map No. 27971-1 and its corresponding tie sheets have been set and are available for inspection.
I also certify that I have been paid for my work. The deposit to guarantee the placement of all survey monuments can be released to the depositor.
Sincerely,
__________________________________
J Braley L.S. 8446
[COMPANY NAME]
Punch List
Project Name: Taylor Morrison (Olivewood)
Tract No. 27971-11
PW 2023-1039 Bond No. CMS048856 Final Monument
Inspected By: Alex Stanko Page: 1 Date: July 5, 2023
Item
No. Description
Completed by
Construction
(Sign/Date)
Accepted by
(Sign/Date)
1 Could not locate Centerline Tags on
Buccella Ln. (3 total) due to Slurry Seal.
Need to uncover to verify location.
Alex Stanko
08-13-24
Alex Stanko
08-13-24
2 Could not locate Centerline Tags on Arezzo
Ct. (4 total) due to Slurry Seal. Need to
uncover to verify location.
Alex Stanko
08-13-24
Alex Stanko
08-13-24
***UPDATED PUNCH LIST 08-13-2024***
Stantec Consulting Services Inc.
735 East Carnegie Drive, Suite 280, San Bernardino CA 92408-3583
August 12, 2022
File: 2042 495810
Attention: Robert Vestal
City of Beaumont
Reference: Deferred Monumentation for Tract No. 27971-11 Dear Robert,
Please be informed that the survey monument bond amount for Tract No. 27971-11, per Map filed in Book 444, pages 37-40 has been determined to be $14,000.00.
Regards,
STANTEC CONSULTING SERVICES INC.
Minh Le, PLS
Project Surveyor
Phone: (949) 293-5047
[email protected]
\\US0328-PPFSS01\workgroup\2042\active\2042495810\record\mapping\cl_ties
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
Stantec Consulting Services Inc.
735 East Carnegie Drive Suite 280, San Bernardino CA 92408-3588
June 15, 2023
File: 2042 495812
Robert Vestal
City of Beaumont
Public Works Department
550 E. 6th Street
Beaumont, CA 92223
Reference: Final Monuments – Tract No. 27971-11
Dear Robert,
Please be advised that the final monuments for Tract No. 27971-11 have been set. The centerline ties for this map are enclosed for your review and approval.
The developer has compensated us for the setting of these monuments. Please release the monument bond or cash deposit for this map.
Thank you for your help in this matter.
Regards,
Stantec Consulting Services Inc.
Ray E. Mansur, PLS
Senior Principal, Geospatial Services
Phone: (949) 923-6012
[email protected]
\\US0328-PPFSS01\workgroup\2042\active\2042495810\record\mapping\cl_ties\tr27971-11
City of (}3eaumont BEAUMONT -�-
550 E. 6th Street
Beaumont, CA 92223
(951)769-8520
www.ci.beaumont.ca.us
Case No. PW2023---IO 0 Receipt No. RQl'B.91201 Fee$ 3,'-f Date Paid
BOND EXONERATION APPLICATION
Bond Type: □Performance □Maintenance �Final Monument Inspection □Other: ----
1. Contact's Name Darren Bolton Phone9 51 704 5503 -------------------
2.Contact's Address 6440 OAk Canyon Suite 200 Irvine Ca 92618
5.Contact's E-maildbolton@ta ylormorrison.com
City/State/Zip
3.Developer Name Talyor Morrison Phone _____ _ (If corporation or partnership application must include names of principal officers or partners) 4.Developer Address _6 _44_0_O_a_k_C_a _n�yo_n_S _ui _te_2_0 _0 ______________ _City/St/Zip
5.Description of Bonds (including Bond Number, Tract Map/Application number, Lot number, and description of improvements covered):
TR 27971 12 Final Monument Release of Maint. Bond CMS0348857
6.CERTIFICATION OF ACCURACY AND COMPLETENESS: I hereby certify that to the best of my knowledge the information in this application and all attached answers and exhibits are true, complete, and correct.
Darren Bolton 6/9/23
Print Name and Sign -Contact/ Applicant Date
7.Contractor shall indemnify, defend, and hold harmless the City and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor's performance of work hereunder or its failure to comply with any of its obligations for which this Bond exoneration is requested, except for such loss or damage which was caused by the active negligence of the City.
Darren Bolton 6/9/23
Print Name and Sign -Contact/Applicant Date
[COMPANY NAME]
Punch List
Project Name: Taylor Morrison (Olivewood)
Tract No. 27971-12
PW 2023-1040 Bond No. CMS0348857 Final Monument
Inspected By: Alex Stanko Page: 1 Date: July 5, 2023
Item
No. Description
Completed by
Construction
(Sign/Date)
Accepted by
(Sign/Date)
1 Could not locate Centerline Tag at Entry
Gate on Castello Ln. (See Sheet 2 of 8).
Uncover to verify location.
Alex Stanko
08-13-24
Alex Stanko
08-13-24
2 Could not locate Tag on Top of Curb on
Corvina Wy. Lot 16 (See Sheet 6 of 8).
Uncover to verify location.
Alex Stanko
08-13-24
Alex Stanko
08-13-24
3 Could not locate Tag on Top of Curb on
Frantoio St. Lot 45 (See Sheet 8 of 8).
Uncover to verify location.
Alex Stanko
08-13-24
Alex Stanko
08-13-24
***UPDATED PUNCH LIST 08-13-2024
Stantec Consulting Services Inc.
735 East Carnegie Drive, Suite 280, San Bernardino CA 92408-3583
August 12, 2022
File: 2042 495810
Attention: Robert Vestal
City of Beaumont
Reference: Deferred Monumentation for Tract No. 27971-12 Dear Robert,
Please be informed that the survey monument bond amount for Tract No. 27971-12, per Map filed in Book 444, pages 41-44 has been determined to be $14,000.00.
Regards,
STANTEC CONSULTING SERVICES INC.
Minh Le, PLS
Project Surveyor
Phone: (949) 293-5047
[email protected]
\\US0328-PPFSS01\workgroup\2042\active\2042495810\record\mapping\cl_ties
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
Stantec Consulting Services Inc.
735 East Carnegie Drive Suite 280, San Bernardino CA 92408-3588
June 15, 2023
File: 2042 495812
Robert Vestal
City of Beaumont
Public Works Department
550 E. 6th Street
Beaumont, CA 92223
Reference: Final Monuments – Tract No. 27971-12
Dear Robert,
Please be advised that the final monuments for Tract No. 27971-12 have been set. The centerline ties for this map are enclosed for your review and approval.
The developer has compensated us for the setting of these monuments. Please release the monument bond or cash deposit for this map.
Thank you for your help in this matter.
Regards,
Stantec Consulting Services Inc.
Ray E. Mansur, PLS
Senior Principal, Geospatial Services
Phone: (949) 923-6012
[email protected]
\\US0328-PPFSS01\workgroup\2042\active\2042495810\record\mapping\cl_ties\tr27971-12
Staff Report
TO: City Council
FROM: Sean Thuilliez, Chief of Police
DATE: September 3, 2024
SUBJECT: Public Hearing to Adopt Urgency Ordinance Regarding Homeless Encampments
Description Ordinance establishing clear policies to urgently address homeless encampments.
Background and Analysis:
On July 25, 2024, after the United States Supreme Court issued its ruling in Grants Pass v. Johnson, which ruled that cities can enforce camping laws, Governor Gavin Newsom issued an executive order directing all state and local municipalities to establish and enforce policies that address the urgent issue of homeless encampments across California.
The proposed Camping Ordinance aligns with Governor Newsom’s executive order and provides a framework for the City to effectively address illegal camping. The proposed ordinance will provide the City with the necessary authority to manage and enforce regulations related to illegal camping within City limits by prohibiting camping on public and private property without proper authorization, empowering City staff to enforce these regulations, and authorizing the cleanup of abandoned campsites to ensure public spaces remain safe and clean.
The proposed ordinance was publicly posted on August 23, 2024.
Additionally, the approval of this ordinance will include an update to Beaumont Municipal Code Chapter 10.08, which will remove the provision that currently allows individuals to camp in their vehicles for longer than one day. This update is necessary to ensure consistency and to prevent prolonged vehicle camping, whic h can contribute to public health and safety issues.
Pursuant to Government Code Section 36937(b), an ordinance can be adopted immediately on an urgency basis if passed by a four-fifths vote of the City Council for the preservation of public peace, health, or safety. Given the urgency to comply with
the Governor’s executive order and address public health concerns related to illegal camping, it is recommended that this ordinance be adopted immediately.
Fiscal Impact:
The estimated cost to prepare the report is $850. The Police Department currently has a robust homeless outreach program in place under the adopted budget. No additional costs are anticipated and if approved, this ordinance will further enhance current efforts rather than require new or additional resources.
Recommended Action:
Hold a Public Hearing and adopt effective immediately if passed by a four -fifths vote, “An Urgency Ordinance of the City of Beaumont, California, Adding Chapter 9.43 ‘Camping’ to the Beaumont Municipal Code and Amending Certain Provisions of Chapter 10.08 Related to ‘Parking’”.
Attachments:
A. Proposed Ordinance
B. Exhibit A to Ordinance
C. Proposed Parking Ordinance Edits
ORDINANCE NO. ____
AN URGENCY ORDINANCE OF THE CITY OF
BEAUMONT, CALIFORNIA, ADDING CHAPTER 9.43
“CAMPING” TO THE BEAUMONT MUNICIPAL
CODE AND AMENDING CERTAIN PROVISIONS OF
CHAPTER 10.08 RELATED TO “PARKING”
WHEREAS, on June 28, 2024, the United States Supreme Court issued its ruling in Grants Pass v. Johnson, which among other things, held that the Eighth Amendment does not prohibit cities from enforcing laws regulating camping on public property; and
WHEREAS, following the Grants Pass decision, Governor Newsom issued an executive order directing state agencies and departments to adopt clear policies that urgently address encampments, and encouraging local agencies to take proactive steps to remove the same; and
WHEREAS, the City Council has determined that it is imperative to act with urgency to address dangerous encampments, which subject individuals living in them to unsanitary conditions, extreme weather, predatory and criminal activity, and widespread substance use, among other things, harming their health, safety, and well-being, and which also threaten the safety and viability of nearby businesses and neighborhoods and undermine the cleanliness and usability of parks, and other public resources; and
WHEREAS, the City Council finds that this Ordinance should be adopted on an urgency basis pursuant to the authority in Government Code section 36937(b) which provides that an ordinance passed by the City Council takes effect "immediately" if it is passed by a four-fifths vote of the City Council "for the immediate preservation of the public peace, health or safety" and contains "a declaration of facts constituting the urgency."
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. URGENCY FINDINGS AND STATEMENT OF PURPOSE AND INTENT.
Pursuant to the requirements of California Government Code section 36937, subdivision (b), the City Council has determined that the provisions contained herein are necessary for the immediate preservation of the public peace, health, or safety within the City. Encampments subject unsheltered individuals living in them to unsanitary conditions, extreme weather, predatory and criminal activity, and widespread substance use, among other things, harming their health, safety, and well-being, and also threaten the safety and viability of nearby businesses and neighborhoods and undermine the cleanliness and usability of parks, and other public resources. The City of Beaumont in particular has experienced significant flooding due to the presence of encampments in flood zones and other flood sensitive areas. City facilities and the environment have already been damaged by these encampments. Further, public defecation and public urination and other unsanitary conditions occurring at these encampments and at other facilities, create unsanitary conditions for both the occupants and visitors.
In light of the Governor’s Executive Order directing state agencies to begin immediately clearing dangerous encampments, the City anticipates an influx of encampments to be erected in the City as they move from neighboring cities/areas due to closures. For example, Caltrans has already begun clearing encampments on the freeway on/off ramps, which will and has already led to increased and/or enlargement of encampments within the City. The State has not only encouraged local agencies to take proactive steps to remove such dangerous encampments, but has confirmed its commitment to holding local jurisdictions accountable to reduce encampments, including by strengthening and enforcing requirements that local jurisdictions plan for their fair share of housing and by conditioning state funding on rigorous reporting and measurable performance metrics.
Immediate action is necessary to enact procedures regulating these encampments and to preserve the public peace, health, safety and welfare.
SECTION 2. Chapter 9.43 “Camping” is hereby added to Title 9 - Public Peace, Morals and Welfare of the Code of Ordinances--City of Beaumont, CA (“Beaumont Municipal Code”) as set forth on Exhibit A, which Exhibit is attached hereto and incorporated herein by this reference.
SECTION 3. Beaumont Municipal Code Sections 10.08.075 and 10.08.076 are hereby amended to read as follows:
10.08.075 - Camping or sleeping in motor vehicles prohibited.
Except as provided in Section 10.08.076, it shall be unlawful for any person to camp or sleep in any motor vehicle in any public place in the City.
10.08.076 - Permitted sleeping area.
Sleeping in a motor vehicle shall be permitted in the Civic Center parking lot between the hours of 10:00 p.m. and 6:00 a.m., provided the same is limited to not more than one consecutive night.
SECTION 4. This Urgency Ordinance is not a project within the meaning of Section 15378 of the State CEQA (California Environmental Quality Act) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. In the event that this Urgency Ordinance is found to be project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment.
SECTION 5. This Urgency Ordinance is adopted as an urgency measure pursuant to section 36937 of the Government Code. This Ordinance is necessary as an emergency measure for preserving the public peace, health, and safety of the City and its residents.
SECTION 6. Pursuant to section 36937 of the Government Code, this Urgency Ordinance shall become effective immediately upon adoption.
SECTION 7. The City Clerk shall certify to the adoption of this Urgency Ordinance and cause publication once in a newspaper of general circulation.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the ______ day of September 2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
David Fenn, Mayor
Attest: ______________________
Nicole Wheelwright, Deputy City Clerk
Approved as to form:
_______________________
John O. Pinkney, City Attorney
Chapter 9.43
“CAMPING”
9.43.010 - Purpose
The streets and public areas within the City should be readily accessible and available to residents and the public at large. Using these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. Such activity can constitute a public health and safety hazard that adversely impacts neighborhoods and commercial areas, as well as poses a danger to the individuals living in them. Furthermore, Camping on private property without the consent of the owner, proper sanitary measures, and for other than a minimal duration, adversely affects private property rights as well as public health, safety, and welfare of the City.
The purpose of this chapter is to maintain streets, parks, and other public and private areas within the City in a clean, sanitary, and accessible condition and to adequately protect the health, safety, and public welfare of the community and its residents.
Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property.
9.43.020 - Definitions
"Camp" means to place, pitch, erect, or occupy camp facilities, or to use camp paraphernalia for the purpose of, or in a way that facilitates outdoor sheltering for living accommodation purposes or for remaining outdoors overnight; or to live temporarily in a camp facility or outdoors.
"Camp facilities" include one or more temporary, makeshift, or hand-built structures or shelters not intended for long-term or continuous occupancy, and include, but are not limited to, tents, huts, vehicles, vehicle camping outfits or other temporary shelter. "Camp paraphernalia" means personal property used to facilitate occupancy of an area, and includes, but is not limited to, bedrolls, bedding, tarpaulins, cots, beds, sleeping bags, hammocks, cooking facilities, camp stoves, buckets and similar equipment, mattresses, couches, dressers or other furniture. "City Manager" means the City Manager or designee.
"Establish" means setting up or moving equipment, supplies, or materials onto public or private property to "camp" or operate camp facilities. "Maintain" means keeping or permitting equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities. "Operate" means participating or assisting in establishing or maintaining a camp or camp facility.
"Store" means to put aside or accumulate for use when needed, to put aside for safekeeping, to place or leave in a location.
Chapter 9.43
“CAMPING”
"Stored personal property" means any tangible property a person may deposit in a location with an intent to recover at a later time. Tangible property includes, but is not limited to goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, and personal items such as luggage, backpacks, clothing, documents, medication, and household items. Stored personal property excludes intentionally discarded refuse, trash, and/or tangible property.
9.43.030 - Unlawful Camping.
A. Except as provided in Municipal Code Section 10.08.076, it is unlawful and a public nuisance for any person to camp; to occupy, establish, maintain or operate any camp facilities, or use camp paraphernalia for the purpose of establishing or maintaining a temporary shelter in the following areas:
1. Any public property; or
2. Any private property.
a. This chapter does not intend to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than one consecutive night. In addition, this chapter does not intend to prohibit overnight camping on public property as required by State or Federal law.
b. Nothing in this chapter is intended to prohibit or make unlawful activities of an owner of private property or other lawful user of private property that are normally associated with and incid ental to the lawful and authorized use of private property for residential or other purposes; and provided further, nothing is intended to prohibit or make unlawful, activities of a property owner or other lawful user if such activities are expressly authorized by the Beaumont Municipal Code or other laws, ordinances and regulations.
C. Notwithstanding the above, the City Manager may, as provided in Section 9.03 et seq. of the Beaumont Municipal Code, issue a temporary permit to allow camping on public or private property in connection with a special event.
D. This Section shall not apply to any event involving camping that is approved or sponsored by the City, or to any person camping, occupying camp facilities, or using camp paraphernalia on public property specifically designated for such purpose.
9.43.040 - Unlawful Storage of Personal Property on Public and Private Property It shall be unlawful and a public nuisance for any person to leave stored personal property on public property or private property without the consent of the property owner
Chapter 9.43
“CAMPING”
or except as otherwise approved by the City Manager, Police Chief, Public Works Director, or any of their designees.
Stored personal property left on public or private property in violation of this section may be impounded pursuant to the provisions of this chapter.
9.43.041 - Impounding Stored Personal Property
A. The Police Chief, or his or her designee, is authorized to impound stored personal property located on public property or private property without the consent of the property owner pursuant to the provisions of this chapter. The Police Chief is authorized to adopt written policies and procedures to implement the provisions of this chapter. Nothing in this chapter shall be construed to limit or otherwise interfere with State law regarding the impounding of evidence related to a crime.
B. Stored personal property may be impounded and disposed of without notice if there is a cause to reasonably believe that the stored personal property is:
1. Perishable;
2. Contaminated with feces, urine or bodily fluid;
3. Infested with insects;
4. Contaminated with mold or mildew;
5. Intentionally discarded;
6. An immediate threat to public health or safety.
C. Stored personal property may be impounded without notice if there is a cause to reasonably believe that the stored personal property is:
1. Evidence of a crime; or
2. Evidence in a criminal investigation; or
3. Unlawful to possess.
D. Except as provided above, stored personal property located on public property or private property without the consent of the property owner may be impounded after providing 24-hour actual or posted notice as provided in this section.
E. Actual notice shall be deemed provided by placing on or near the stored personal property a writing containing the following information:
1. A general description of the stored personal property;
2. The location of the stored personal property;
3. The date and time the notice was placed; and
4. A statement that the stored personal property has been deposited in violation of Chapter 9.43.040 and will be impounded by the City if the stored personal property is not removed within 24 hours of issuance of actual notice.
Chapter 9.43
“CAMPING”
F. Posted notice shall be deemed provided by erecting at least one sign in a conspicuous place stating that any stored personal property found in a described area may be removed and impounded if not claimed and removed within 24 hours after being discovered. The sign shall provide a phone number and address where a person may receive information to recover his or her personal property.
G. After the notice period has expired, the stored personal property shall be deemed abandoned and may be impounded. Prior to impounding stored personal property, the City will provide notice in a conspicuous place at or near where the stored personal property was located with the following information:
1. A general description of the stored personal property;
2. The location of the stored personal property;
3. The date and time the notice was placed; and
4. A statement that the stored personal property has been impounded by the City and the process to re-claim.
9.43.042 - Impounding Personal Property after Closure
Notwithstanding Section 9.43.041, any stored personal property located in any area that is posted with conspicuous signs indicating the area is closed to the public may be immediately impounded without notice. The posted signs must contain language indicating that all stored personal property found during the hours the area is closed will be impounded. The sign shall describe where the stored personal property will be stored, including a telephone number and the address where a person may receive information regarding how to recover the personal property.
9.43.043 - Storage and Disposal of Impounded Personal Property A. Stored personal property that is impounded pursuant to this chapter shall be stored by the City for a period of 90 days. If the owner of the stored personal property is reasonably ascertainable, the Police Chief, or his or her designee, shall promptly notify the owner of the procedure to claim his or her personal property.
B. The Police Chief, or their designee, shall return the stored personal property to its owner upon presentation of satisfactory evidence of ownership.
C. In the event the stored personal property is not claimed within 90 days, it may be subject to disposition as determined by the Police Department and in accordance with applicable State and Federal statutes.
9.43.050 – Violation - Penalty
Chapter 9.43
“CAMPING”
In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be subject to penalties as provided in Beaumont Municipal Code Chapter
1.16 and/or issued an administrative citation pursuant to Beaumont Municipal Code Chapter 1.17. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Section 1.16.040.
9.43.060 - Severability.
If any provision of this chapter is rendered illegal, invalid, or unenforceable, all other parts of this chapter shall remain in full force and effect.
Chapter 10.08
“PARKING”
10.08.075 - Camping or sleeping in motor vehicles prohibited.
Except as provided in Section 10.08.076, it shall be unlawful for any person to camp or sleep in any motor vehicle in any public place in the City. between the hours of 10:00 p.m. of one day and 6:00 a.m. of the next day.
10.08.076 - Permitted sleeping area.
Sleeping in a motor vehicle shall be permitted in the Civic Center parking lot between the hours of 10:00 p.m. and 6:00 a.m., provided the same is limited to not more than one consecutive night.
Staff Report
TO: City Council
FROM: Robert L. Vestal, Public Works Director
DATE September 3, 2024
SUBJECT: Beaumont-Cherry Valley Water District Annual Encroachment Cooperative Agreement
Description Establish an Annual Encroachment Cooperative Agreement (Annual Permit) for Beaumont-Cherry Valley Water District (BCVWD) regarding right-of-way encroachments and pavement restoration.
Background and Analysis:
The California Legislature, in enacting the Public Utilities Code (commencing with Section 10001) explicitly authorized the City to require encroachment permits to regulate the terms and conditions of street excavation by utilities owned by “municipal corporations” as that term is broadly defined to include cities, counties, water districts and irrigation districts like the BCVWD. Further, the California Legislature enacted Streets & Highways Code section 1921 providing cities authority over maintenance of city streets: “The governing body of any city shall have jurisdiction to prescribe the requirements for maintenance, including the maintenance of drainage, of all streets within the limits of the city.”
In 1982, City Council adopted Chapter 12.12, “Excava tions,” of the Beaumont Municipal Code (BMC) through Ordinance No. 544 to regulate the use of City streets for excavations and encroachments, maintenance, planting and removal of trees, and the issuance, modification, and revocation of permits for such use s.
On November 19, 2019, City Council adopted Chapter 12.31, “Street Cut Moratorium,” of the BMC through Ordinance No. 1113. The moratorium requires that no trenching or excavation shall be permitted in any street that has been newly constructed, or reconstructed, for a period of five (5) years after completion of, or from recordation of a notice of completion. For streets that have been recently slurry sealed, fog sealed, or other surface additive, the pavement surface shall not be cut or opened for a pe riod of three (3) years from completion. The City Engineer may grant exceptions to the moratorium for emergencies that endanger life or public health and safety; work that is
mandated by City, State, or Federal legislation; and services to buildings or pro perties where no other reasonable means of providing service exists.
Beaumont-Cherry Valley Water District
Since 2020, BCVWD has obtained approximately 224 separate permits in accordance with Beaumont Municipal Code section 12.12. Out of those permits, 94 permits occurred within moratorium streets and were granted an exception. The average annual number of permits for BCVWD is 61. Refer to Table 1 for a summary of encroachment permits.
Per the City’s adopted fee schedule, an encroachment permit is subjec t to an application fee of $60, the actual cost of office staff time, and a deposit for the City inspector's time. A typical fee for a non-moratorium BCVWD permit is $500. A typical fee for a moratorium BCVWD permit is $660. Moratorium permits generally require additional inspection time to ensure compliance with BMC. The average annual cumulative City fee for permits and associated City inspections is approximately $20,000.
For each BCVWD permit, the City spends approximately one hour of office time an d approximately two to four hours for inspection. On average, the City annually spends 61 hours of office time and 151 hours of inspection time on BCVWD permits (212 hours total).
Table 1 – Summary of Encroachment Permits
Description 2020 2021 2022 2023 2024 Total
3-Year
Average
(2021-
2023)
All Permits
# of permits 241 205 324 276 154 1200 268
BCVWD Permits
# of permits 8 66 74 42 34 224 61
BCVWD Permit
City Fees ($) $400 $3,300 $26,549 $29,230 $16,208 $75,688 $19,693 BCVWD Permits
City Time (hrs) 28 231 259 147 119 784 212
BCVWD has requested the City consider entering into a Cooperative Agreement to facilitate an Annual Permit. City staff worked with BCVWD staff to develop a mutually beneficial Annual Permit. Refer to Attachment A for the Annual Permit and supporting documents. The following is a summary of the significant terms of the Annual Permit:
Effective for one year (Initial Term)
City Council may extend one year (Renewal Term)
a. Both parties shall evaluate the effectiveness of the agreement City Manager may extend subsequent years (Renewal Term(s)) BCVWD shall be responsible for providing appropriate traffic control and insurance
BCVWD shall make repairs in accordance with the mutually agreed -upon standards shown and referenced in the agreement
City shall permit BCVWD to repair moratorium streets in accordance with the mutually agreed-upon standards shown and referenced in the agreement City shall permit BCVWD to operate under modified Street Cut Moratorium requirements as defined in Annual Permit
BCVWD shall warranty the trench repair and applicable portion of public street BCVWD shall self-inspect all work
City reserves the right to inspect all work at the City’s cost BCVWD shall notify the City of all encroachment work
BCVWD shall pay the City $3,660 annually plus cumulative annual CPI adjustment after the Initial Term
BCVWD shall indemnify the City
The city attorney has reviewed the proposed agreement as presented.
Fiscal Impact:
The estimated cost to prepare this staff report is $2,500.
All fees related to the Annual Permit will be deposited into the General Fund via account GL100-0000-4325-0000. City inspections, if any, will be paid through the Public Works Department’s operational budget.
Recommended Action:
Authorize the City Manager to execute the City of Beaumont & Beaumont Cherry Valley Water District Cooperative Agreement Regarding Right-of-Way Encroachments & Pavement Restoration.
Attachments:
A. Agreement
CITY OF BEAUMONT & BEAUMONT CHERRY VALLEY WATER DISTRICT
COOPERATIVE AGREEMENT
REGARDING RIGHT-OF-WAY ENCROACHMENTS & PAVEMENT RESTORATION
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This COOPERATIVE AGREEMENT, (the “Agreement”), is made and entered into as of ____________________, 2024, by and between the City of Beaumont, a municipal corporation and general law city of the State of California, (the “City”), and the Beaumont Cherry Valley Water District, (the “District”), a public agency organized and existing pursuant to Division 11 (commencing with Section 20500) of the California Water Code. The City and District are sometimes respectively referred to as “Party” and collectively as the “Parties.” I. Recitals
A. The City is invested through Section 7 of Article XI of the California Constitution to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. It is through the City’s police powers that it is constitutionally authorized to regulate and protect the public health, safety, and welfare within its corporate boundaries.
B. In furtherance of its constitutional police powers, the City has enacted its Municipal Code inclusive of Title 12 “Streets, Sidewalks and Public Places.” C. To ensure for the public health, safety and welfare, the City adopted Chapter 12.12 “Excavations” through Ordinance No. 544 adopted in 1982 to regulate the use of City streets for excavations and encroachments, the maintenance, planting and removal of trees, and the issuance, modification and revocation of permits for such uses.
D. The City’s regulatory authority over the use of public streets includes Municipal Code section 12.12.040 “Permit – Required for encroachments and excavations” that states:
“No person, including firm, corporation, public district, public agency or political subdivision, shall make any excavation in, or construct, install or maintain any improvement, structure or encroachment in, on, over or under, any City street or the right- of-way thereof without first obtaining from the City Engineer a permit therefor, or maintain the same without such permit or in violation of the terms or conditions thereof.” E. The City, through its Public Works Department, has adopted a Paving Restoration and Trench Repair standard (the “Trench Repair Standard”) applicable to all applicants requesting to excavate the City’s public streets for installation of utility lines and other similar purposes. Among the requirements of the Trench Repair Standard is a trench repair area extending a minimum of one (1) foot beyond the trench width and a two-inch (2”) mill and grind of existing asphalt concrete pavement with construction of new two- inch (2”) asphalt concrete paving extending a minimum of two (2) feet beyond the trench repair area and as otherwise required pursuant to the Trench Repair Standard. The Trench Repair Standard is typical of similar standards adopted by other cities and counties and is incorporated herein as Attachment 1.
F. The City routinely invests its public funds into the preservation, restoration and maintenance of its public streets that are often degraded over time due to the periodic
CITY OF BEAUMONT & BEAUMONT CHERRY VALLEY WATER DISTRICT
COOPERATIVE AGREEMENT
REGARDING RIGHT-OF-WAY ENCROACHMENTS & PAVEMENT RESTORATION
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installation of various encroachments for public utilities and other improvements, including domestic water or recycled water transmission pipelines and appurtenances installed for the benefit of the District.
G. To safeguard and protect the City’s investment of its public funds into its public streets, the City adopted Ordinance No. 1113 on November 19, 2019, enacting Chapter 12.31 “Street Cut Moratorium” to its Municipal Code with the stated purpose “…to minimize pavement degradation, maintain structural integrity of streets, maintain a smooth surface for all modes of transportation, and reduce negative visual impacts. By having a street cut moratorium, contractors or utilities companies with proposed projects that require excavation of roadways can more effectively plan and review conflicts that may be encountered.”
H. The City’s regulatory authority over the use of public streets includes Municipal Code section 12.31.010 “Moratorium on trenching or excavation of streets” that states: “No trenching or excavation shall be permitted in any street that has been constructed, or reconstructed, the pavement surface shall not be cut or opened for a period of five years after completion of, or from recordation of a notice of completion. On a slurry sealed street, the pavement surface shall not be cut or opened for a period of three years from completion.”
I. District, has secondary rights to the use of public streets within the City for the purposes of and in furtherance of the statutory rights the District enjoys pursuant to the California Water Code.
J. The City’s police powers prevail over the regulation of encroachments into and within its public streets, pursuant to case law inclusive of Montgomery v. Railway Company 104 Cal. 186, 189 (1894) holding that cities were best positioned to resolve conflicting demands between uses of their own streets: “when a public street in a city is dedicated to the general use of the public, it involves its use subject to municipal control and limitations for all the uses and purposes of the public as a street.” K. District is granted a statutory franchise (as opposed to a private franchise) to build waterworks across public streets, subject to the provisions of California Water Code section 22431: “A district may construct any works across any watercourse, road, railway, conduit, or other property subject or devoted to public use in a manner that will afford security to life and property. The district shall restore the property crossed as near as may be to its former state or as not to have impaired unnecessarily its usefulness.” L. The California Legislature, in enacting the Public Utilities Code (commencing with Section 10001) explicitly authorized the City to require encroachment permits to regulate the terms and conditions of street excavation by utilities owned by “municipal corporations” as that term is broadly defined to include cities, counties, water districts and irrigation districts like the District. Further, the California Legislature enacted Streets & Highways Code section 1921 providing cities authority over maintenance of city streets: “The governing body of any city shall have jurisdiction to prescribe the requirements for
CITY OF BEAUMONT & BEAUMONT CHERRY VALLEY WATER DISTRICT
COOPERATIVE AGREEMENT
REGARDING RIGHT-OF-WAY ENCROACHMENTS & PAVEMENT RESTORATION
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maintenance, including the maintenance of drainage, of all streets within the limits of the city.”
M. District has applied for and received encroachment permits from the City in accordance with Beaumont Municipal Code section 12.12.040 authorizing the District and its assignees the ability to excavate within and along the City’s public streets to install (or remove) domestic water transmission and distribution lines, non-potable water lines, services, and appurtenances, (the “District Facilities”), subject to the Trench Repair Standard equally applied by the City on its various other encroachment permittees.
N. District has requested the City to consider entering into a Cooperative Agreement facilitating an annual encroachment permit for the purposes of performing work within the City’s public streets related to the District Facilities , (the “Annual Permit”).
O. District has also requested the City to consider implementing a modified trench repair, backfill and pavement restoration standard in the Annual Permit.
P. Under the provisions of this Cooperation Agreement by and between the City of Beaumont and Beaumont-Cherry Valley Water District, BCVWD shall incorporate by Resolution (BCVWD Resolution 2024-xx, Attachment 2) requiring an express liability for and warranty against trench and pavement failures as a condition precedent to the City of Beaumont’s acceptance of the modified trench repair, backfill and pavement restoration standard.
Q. It is understood by the Parties that BCVWD’s Board policy adopted by Resolution 2024- xx reflects its statutory obligations set forth in California Water Code section 22431 and does not otherwise invalidate or supersede such legal obligations applicable to water and irrigation districts.
R. The Parties acknowledge that the District has not heretofore adopted a formal policy providing an express liability for and warranty against trench and pavement failures in its work to excavate public streets related to the District Facilities. The Parties further acknowledge and agree that the District is statutorily required to restore the City’s public streets “as near as may be to its former state or as not to have impaired unnecessarily its usefulness” pursuant to California Water Code section 22431.
S. The District agrees to comply with the provisions of California Water Code section 22431 and to incorporate a formal warranty policy into this Agreement as a condition precedent to City’s approval to enter into this Agreement and to consider a modified trench repair, backfill and pavement restoration standard specific to the District. See Attachment 3 for BCVWD Paving Restoration and Trench Repair Standard.
T. It is the intent of the Parties to enter into this Agreement for an initial one (1) year term to determine: (1) the effectiveness of the Annual Permit in protecting the public health, safety and welfare, as well as preserving the overall maintenance of the City’s public streets, and (2) the effectiveness of the BCVWD Paving Restoration and Trench Repair
CITY OF BEAUMONT & BEAUMONT CHERRY VALLEY WATER DISTRICT
COOPERATIVE AGREEMENT
REGARDING RIGHT-OF-WAY ENCROACHMENTS & PAVEMENT RESTORATION
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standard implemented by the District to prevent further pavement degradation of the City’s public streets as listed under Item 1., S.
AGREEMENT
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and District agree as follows:
Section 1: Incorporation of Recitals
1.1 The Recitals set forth above are incorporated into and made a part of this Agreement as fully as if set forth verbatim herein and shall constitute a substantive part of this Agreement.
These Recitals are true and correct and the Parties are bound thereby. By signing this Agreement, City and District acknowledge reading, understanding, and agreement to all the Recitals.
Section 2: Term of Agreement
2.1 Effective Date. This Agreement shall become effective on the date first written above.
2.2 Term of Agreement. The term of this Agreement shall commence upon the Effective Date and shall remain in effect for one (1) year (“Initial Term”). The Initial Term shall be considered a “proving period” to consider the effectiveness of the Agreement in accordance with Recital T and is subject to termination by either Party pursuant to the provisions herein. The term of this Agreement may be extended as the discretion of the Parties in accordance with Section
2.3 herein. Accordingly, this agreement shall serve as the Annual Permit for the Initial Term.
2.3 Consideration of Extension of Agreement. During the proving period throughout the Initial Term, the Parties shall periodically meet and confer on the effectiveness of the Agreement as meeting the requirements and obligations of both Parties, and specifically as to the City’s satisfaction that District has complied with its obligations otherwise required pursuant to California Water Code section 22431 requiring restoration of the City’s public streets in accordance with the provisions herein. Subject to formal consideration by the City’s City Council upon the conclusion of the Initial Term, the City in its sole discretion may extend the Agreement for a Renewal Term as set forth in Section 2.4 herein. For the purposes of the City’s consideration of an extension of the Agreement, t he District has discretion to provide notice to City to terminate the Agreement during the Initial Term pursuant to the provisions herein and forego City’s consideration of an extension, and to return to the City’s procedures for issuance of encroachment permits to the District in accordance with Beaumont Municipal Code section 12.12.040 inclusive of its adopted Trench Repair Standards.
2.4 First Extension of Agreement. Provided this Agreement has not been terminated by either Party during the Initial Term thereof and subject the City’s formal consideration of an extension of this Agreement pursuant to Section 2.3 herein and an affirmative direction given by the City Council to grant the extension, this Agreement may be extended by the City Manager for a one (1) year term (“Renewal Term”). Accordingly, this agreement shall
CITY OF BEAUMONT & BEAUMONT CHERRY VALLEY WATER DISTRICT
COOPERATIVE AGREEMENT
REGARDING RIGHT-OF-WAY ENCROACHMENTS & PAVEMENT RESTORATION
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continue to serve as the Annual Permit for the Renewal Term.
2.5 Automatic Extension of Agreement. Provided the Parties agree on the effectiveness of the Agreement as meeting the requirements and obligations of both Parties, and specifically as to the City’s satisfaction that District has complied with its obligations otherwise required pursuant to California Water Code section 22431. requiring restoration of the City’s public streets in accordance with the provisions herein , following the First Extension provided by Section 2.4 herein, the term of this Agreement may be automatically extended by the City Manager for subsequent one (1) year Renewal Terms. Accordingly, this agreement shall continue to serve as the Annual Permit for the subsequent Renewal Term(s).
Section 3: District Encroachment Work to be Performed
3.1 Scope of Work. This Agreement provides for the City’s issuance of an Annual Permit in accordance with Beaumont Municipal Code section 12.12.040 providing District, its agents, contractors, employees, representatives, and consultants the right to perform work related to the District Facilities including routine maintenance, minor repairs, emergency repairs, installation of services, or removal of District Facilities within the City’s public streets (the “Encroachment Work”). Accordingly, upon issuance of an Annual Permit the District is hereby authorized to perform the Encroachment Work within and along the City’s public streets pursuant to the terms and conditions of this Agreement.
3.2 Traffic Control Plans. District shall be solely responsible for ensuring the Encroachment Work is performed at all times (either directly by District or on behalf of District by its contractors or other assignees) in a manner safeguarding and protecting the public health, safety and welfare. Accordingly, District shall be responsible for incorporating such traffic control, traffic detour, and related traffic plans meeting the standards set forth by the latest edition of the California Manual on Uniform Traffic Control Devices (“MUTCD”), the Watch Area Traffic Control Handbook (“WATCH”), and similar standards as are necessary to provide traffic safety for vehicles, bicyclists, pedestrians, and the like, (“Traffic Control Plans”). The District’s sole responsibility and liability for protecting the public during all of its Encroachment Work in accordance with District’s Traffic Control Plans is a condition precedent to the City’s issuance of an Annual Permit. The absence of the City’s approval of District’s Traffic Control Plans shall in no way relieve District of its sole legal responsibility to provide for and protect the public during its Encroachment Work as provided herein , and as otherwise statutorily required pursuant to California Water Code section 22431 .
3.3 City Notification of Deficient Traffic Control. Notwithstanding the provisions of Section 3.2 herein, the City reserves the right to provide notice to District at any time City observes that District’s Encroachment Work is proceeding with Traffic Control Plans that do not adequately safeguard the public health and safety. Notice shall be provided to District by any means practical and in a manner that gives details as to the location of the Encroachment Work and elements of the Traffic Control Plans that are, in the City’s opinion, deficient to safeguarding the public health and safety. District shall promptly evaluate and implement such revisions to its Traffic Control Plan as are reasonably necessary to improve traffic safety related to its Encroachment Work.
CITY OF BEAUMONT & BEAUMONT CHERRY VALLEY WATER DISTRICT
COOPERATIVE AGREEMENT
REGARDING RIGHT-OF-WAY ENCROACHMENTS & PAVEMENT RESTORATION
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3.4 District Warranty for Trench Repairs and Pavement Restoration. District hereby expressly acknowledges and agrees that pursuant to California Water Code section 22431 that the District shall perform its Encroachment Work within and along the City’s public streets in a manner that will afford security to life and property. Further, District hereby expressly acknowledges and agrees that the District has a statutory obligation to restore the City’s public streets as near as may be to its former state or as not to have impaired its usefulness.
District’s statutory obligations herein shall be considered the “District Warranty” subject only to the following two exceptions:
a) The District Warranty shall not apply to its Encroachment Work to the extent the City issues an encroachment permit to a separate permittee allow ing for excavation within the City’s public street at a location parallel to and within six (6) feet (as measured from centerline to centerline) to District’s Encroachment Work. The District Warranty shall apply from the date District completes restoration of the City’s public street up to the date the City’s permittee excavates in proximity to District’s Encroachment Work as set forth herein.
b) The District Warranty shall not apply to its Encroachment Work to the extent the City issues an encroachment permit to a separate permittee allowing for excavation within the City’s public street at a location perpendicular to and within ten (10) feet (as measured from centerline of crossing encroachment) to District’s Encroachment Work.
The District Warranty shall apply from the date District completes restoration of the City’s public street up to the date the City’s permittee excavates in proximity to District’s Encroachment Work as set forth herein.
c) Upon notification by City that District’s Encroachment Work has resulted in failure of trench backfill or associated pavement restoration, and provided the exceptions as noted in the preceding two paragraphs do not apply, District shall be responsible for performing additional trench repair and pavement restoration to the defective Encroachment Work subject to the BCVWD Paving Restoration and Trench Repair Standard as identified in Attachment 3, (the “Trench Repair Work”). The Trench Repair Work shall be completed within sixty (60) days of City’s notification. District’s failure to promptly perform the Trench Repair Work may be considered a finding of default of District’s obligations herein, and grounds for City’s termination of this Agreement pursuant to the provisions herein.
3.5 BCVWD Paving and Trench Repair Standard. City hereby agrees to permit BCVWD to perform trench repairs in accordance with the BCVWD Modified Restoration & Trench Repair, hereby incorporated herein as Attachment 3, on the condition that the District satisfies the District Warranty pursuant to Section 3.4 herein. District shall ensure that it provides for inspection and materials testing to ensure the District Trench Repair Standard is completed to required standards as follows:
a) Trench backfill compaction (extending from pipe zone up to the pavement base material (aggregate base material)) meets or exceeds 90% relative compaction;
CITY OF BEAUMONT & BEAUMONT CHERRY VALLEY WATER DISTRICT
COOPERATIVE AGREEMENT
REGARDING RIGHT-OF-WAY ENCROACHMENTS & PAVEMENT RESTORATION
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b) Unsuitable backfill material shall be replaced, when necessary, with suitable material and compacted as identified under Item 3.5, a) above.
c) Crushed Aggregate Base (pavement base material) shall be utilized pursuant to the latest edition of the “Greenbook” Standard Specifications for Public Works Construction (depth matching existing structural section, or 8” minimum) which meets or exceeds 95% relative compaction;
d) Asphalt concrete pavement shall meet Greenbook Standards or as directed by the City Engineer.
3.6 Moratorium Streets. District acknowledges and agrees that the provisions of Beaumont Municipal Code Chapter 12.31 are applicable to this Agreement. To the extent that District’s Encroachment Work is necessary within the City’s public streets subject to the provisions of Beaumont Municipal Code Chapter 12.31, with the following modifications:
a) 12.31.030. - [Information required when requesting moratorium exception.]- Site Specific Annual Encroachment Permit Notification Letter and Encroachment Permit Notification and Supplemental Information Form shall be used by BCVWD to request exceptions. See Template of Notification Letter and Encroachment Permit Notification and Supplemental Information Form included under Attachment 4. b) 12.31.040. - [Street paving/restoration if exception is approved.] –the BCVWD Paving Restoration and Trench Repair (Attachment 3) Standard is permitted as an alternative to the requirements in section 12.31.040.
c) 12.31.050. - [Permit and fees.] – BCVWD’s executed annual permit satisfies the requirements of this section subject to the requirements of this Agreement.
3.7 City Inspection. The City may, at its sole discretion, perform backfill compaction testing of District’s Encroachment Work to ensure the District Trench Repair Standard requirements are being satisfied by District, and District shall provide City reasonable access to perform such inspections as it deems necessary.
3.8 Schedule for Pavement Restoration Work. District shall promptly perform all such required trench backfill and compaction repairs, with suitable temporary asphalt concrete pavement, as is necessary to reopen the public street as soon as practicable following completion of the Encroachment Work. District shall complete removal of temporary asphalt concrete pavement, and construction of permanent pavement structural repairs and asphalt concrete paving pursuant to the BCVWD Paving Restoration and Trench Repair Standard (the “Permanent Repairs”) no later than sixty (60) days following completion of the related Encroachment Work. District’s failure to timely complete the Permanent Repairs may be considered a finding of default of District’s obligations herein, and grounds for City’s termination of this Agreement pursuant to the provisions herein.
CITY OF BEAUMONT & BEAUMONT CHERRY VALLEY WATER DISTRICT
COOPERATIVE AGREEMENT
REGARDING RIGHT-OF-WAY ENCROACHMENTS & PAVEMENT RESTORATION
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3.9 Government Code section 4216 Regional Notification – Dig Alert. District acknowledges and agrees that it is subject to the provisions of California Government Code Section 4216 as the “Operator” of the District Facilities. Accordingly, this Agreement in no way relieves District of its legal obligations pursuant to the provisions commencing with Government Code section 4216 applicable to regional notification of excavations within the City’s public streets.
3.10 District Notification of Encroachment Work. District shall provide the City through its Public Works Department prompt notification of its exercise of the Annual Permit with submittal of a Site-Specific Annual Encroachment Permit Notification Letter and Encroachment Permit Notification and Supplemental Information Form (see Attachment 4 for sample letter and form) and to perform Encroachment Work within the City’s public streets. Notification shall be provided to the City weekly and not later than Friday with a complete listing of location(s) and description of the Encroachment Work scheduled for the subsequent week, if any.
District shall also provide advance notification (unless an emergency repair is required that provides imminent danger to the public) to the Beaumont Unified School District (“BUSD”) for any Encroachment Work occurring on the City’s public streets within any designated School Zone and within one (1) mile to any school site. District shall schedule Encroachment Work within School Zones or near school sites at times not interfering with student access and typically after school hours or on weekends as may b e necessary. In certain circumstances when District’s Encroachment Work within School Zones or near school sites must be performed during school hours, District shall provide written advance notice at least fifteen (15) days prior to commencing with such Encroachment Work to both the City and BUSD.
Section 4: Payment and Compensation
4.1 In consideration of the City’s issuance of an Annual Permit and monitoring for District’s compliance with the terms and conditions of this Agreement, District shall pay to the City the sum of three thousand six hundred and sixty dollars ($3,660) due and payable in advance upon the Effective Date of this Agreement, (the “Permit Fee”). The Permit Fee shall cover all fees and costs, including City administration and inspection fees, applicable to the Encroachment Work authorized pursuant to the Annual Permit. The Permit Fee is subject to adjustment annually pursuant to the Consumer Price Index for All Urban Consumers (CPI -U) for the Riverside-San Bernardino-Ontario region, (the “CPI”). The Permit Fee shall be payable with each successive Annual Permit issued by the City (if any).
4.2 The City reserves the right to assess District such additional charges to the extent that District’s Encroachment Work has resulted in failure of trench backfill or associated pavement restoration, and Trench Repair Work is deemed necessary by the City in accordance with Section 3.4(c) herein. Additional charges shall be consistent with the City’s schedule of fees for inspection services generally applicable to permittees performing work pursuant to encroachment permits, and shall be payable by District within thirty (30) days notice thereof.
Section 5: Insurance and Liability
CITY OF BEAUMONT & BEAUMONT CHERRY VALLEY WATER DISTRICT
COOPERATIVE AGREEMENT
REGARDING RIGHT-OF-WAY ENCROACHMENTS & PAVEMENT RESTORATION
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5.1 Insurance. District hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Encroachment Work authorized under this Agreement pursuant to an Annual Permit issued by the City, and District hereby agrees to comply with all laws applicable to worker safety including but not limited to Cal -OSHA.
Therefore, throughout the duration of this Agreement, District hereby covenants and agrees and to require its Assignees, as defined below to maintain insurance in conformance with the requirements set forth below:
a) Commercial general liability insurance in an amount of not less than $2,000,000 per occurrence and $5,000,000 in the aggregate; District agrees to have its insurer, or to require its agents, contractors, subcontractors employees, representatives, and consultants (the “Assignees”) insurer to endorse the general liability coverage required herein to include as additional insured’s the City, its officials, employees and agents.
District also agrees to require all its contractors and subcontractors to provide the same coverage required hereunder.
b) Business Auto Coverage in an amount no less than $1,000,000 per accident. If District’s Assignees’ employees will use personal autos in performance of the Encroachment Work hereunder, District shall provide evidence of personal auto liability coverage for each such employee of the Assignees.
c) Workers’ Compensation coverage for any of District’s and Assignees’ employees that will be performing Encroachment Work hereunder. District shall ensure its Assignees will have a state-approved policy form providing statutory benefits as required by California law. The provisions of any workers’ compensation will not limit the obligations of District or its Assignees under this Agreement. District expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
5.2 General Conditions pertaining to Insurance Coverage. District shall ensure that it and its Assignees comply with the following requirements relating to Insurance Coverage:
a) No liability insurance coverage provided shall prohibit District or its Assignees from waiving the right of subrogation prior to a loss. District and its Assignees waives all rights of subrogation against City regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise. b) Prior to commencing any Encroachment Work under this Agreement, District shall furnish City with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.
c) All required policies shall be issued by a highly rated insurer with a minimum A.M. Best
CITY OF BEAUMONT & BEAUMONT CHERRY VALLEY WATER DISTRICT
COOPERATIVE AGREEMENT
REGARDING RIGHT-OF-WAY ENCROACHMENTS & PAVEMENT RESTORATION
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rating of “A:VII”). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to City. d) Self-insurance does not comply with these insurance specifications. District acknowledges and agrees that that all insurance coverage required to be provided by District and its Assignees, shall apply first and on a primary, non- contributing basis in relation to any other insurance, indemnity or self-insurance available to City. e) All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises. District nor its Assignees shall not make any reductions in scope of coverage (e.g., elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
f) District agrees to provide immediate notice to City of any claim or loss against District or its Assignees arising out of the Encroachment Work performed under this Agreement. City assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
Section 6: Indemnification
6.1 District and City agree that City, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to District’s Encroachment Work whether self-performed by the District or through any Assignee. Accordingly, the provisions of this indemnity are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to City. District acknowledges that City would not enter into this Agreement in the absence of the commitment of District and its Assignees to indemnify and protect City as set forth herein.
6.2 To the fullest extent permitted by law, District shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys’ fees incurred by City, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to District’s Encroachment Work whether self-performed by the District or through any Assignee. District’s obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which District (and/or District’s Assignees and/or employees) is alleged to be an employee of City. All obligations under this provision are to be paid by District as they are incurred by City.
CITY OF BEAUMONT & BEAUMONT CHERRY VALLEY WATER DISTRICT
COOPERATIVE AGREEMENT
REGARDING RIGHT-OF-WAY ENCROACHMENTS & PAVEMENT RESTORATION
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6.3 Without affecting the rights of City under any provision of this Agreement or this Section 6, District shall not be required to indemnify and hold harmless City as set forth above for liability attributable solely to the fault of City, provided such fault is determined by agreement between the Parties or the findings of a court of competent jurisdiction.
Section 7: Termination
7.1 Either Party may terminate this Agreement, with or without cause, at any time by giving ten (10) days written notice to the other Party.
Section 8: Miscellaneous Provisions
8.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiation, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors or assigns.
8.2 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of that provision, or the remaining provisions of this Agreement unless the invalid pro vision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
8.3 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successor and assignees.
8.4 Third Party Beneficiary. Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.
8.5 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, delivered or sent b y facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post office if by mail; (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed
CITY OF BEAUMONT & BEAUMONT CHERRY VALLEY WATER DISTRICT
COOPERATIVE AGREEMENT
REGARDING RIGHT-OF-WAY ENCROACHMENTS & PAVEMENT RESTORATION
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as follows:
City of Beaumont Beaumont-Cherry Valley Water District 560 E. Sixth Street 560 Magnolia Avenue
Beaumont, CA 92223 Beaumont, CA 92223
Attn: City Manager Attn: General Manager
8.6 Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.
IN WITNESS WHEREOF, the Parties hereby have made and executed this Agreement to be effective as of the day and year first above written.
CITY:
City of Beaumont, a municipal corporation
and general law city of the State of California
By:
DISTRICT:
Beaumont Cherry Valley Water District, a
public agency organized and existing
pursuant to Division 11 (commencing with
Section 20500) of the California Water Code
By:
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ATTACHMENT 1
Paving Restoration & Trench Repair Standard
August 2021
Follows this page.
08/11/2021
Attachment 1
”
08/11/2021
Attachment 1
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ATTACHMENT 2
BCVWD Resolution 2024-XX
Follows this page.
RESOLUTION 2024-__
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
BEAUMONT-CHERRY VALLEY WATER DISTRICT
ESTABLISHING THE DISTRICT'S RESPONSIBILITY FOR
REPAIR OF SOIL SUBSIDENCE OVER DISTRICT -OWNED
FACILITIES WHERE THE DISTRICT HAS FULL CONTROL
OVER CONSTRUCTION ST ANDARDS AND COMPACTION
WHEREAS, the Beaumont-Cherry Valley Water District ("District") is committed to maintaining the integrity and reliability of its water distribution i nfrastructure, which includes pipelines, reservoirs, and other facilities (collectively referred to as "District facilities"); and
WHEREAS, soil subsidence, defined as the gradual sinking or settlement of the ground’s surface, can adversely affect the District Facilities, potentially leading to infrastructure damage, safety hazards, and service disruptions; and
WHEREAS, the responsibility for correcting trench subsidence over water lines, reclaimed water lines, and other facilities owned and operated by the District is an issue of concern between the District, the County of Riverside, the cities within and outside District boundaries (“local agencies”) as well as developers; and
WHEREAS, the District has received claims and even lawsuits for trench subsidence where the District had no control over trench compaction above the facilities zone, even though the District controlled zone was not found to be part of the problem ; and WHEREAS, the District has discussed the proposed policy regarding control of trench compaction and commensurate warranties of same with local agencies and developers ; and WHEREAS, it is in the best interest of the District and its ratepayers to establish clear guidelines for addressing and repairing soil subsidence over or near District facilities to ensure public safety and the continued reliable operation of its water distribution system and to help alleviate disputes with local agencies and developers; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Beaumont -Cherry Valley Water District as follows:
1. District Responsibility:
a. The District shall be responsible for the investigation, assessment, and repair of any soil subsidence that occurs directly over or in close proximity to District -owned facilities, where such subsidence may affect the integrity, safety, or operation of those facilities.
b. The District assumes responsibility for compaction and proper installation of its facilities including, but not limited to, Pipelines, Trench Backfill, Subgrade, Base, and Pavement, provided District had full control and supervision of the entire compaction and construction process.
c. The District assumes responsibility for compaction and proper installation of its facilities, including Pipelines and Trench Backfill, where pavement construction is provided by others, provided District had full control and supervision of the entire compaction and construction process within the trench. The District will not Attachment 2
assume any liability or warrant Subgrade, Base, and Paving Work over District facilities performed by other parties who are not subject to District inspection and construction requirements.
d. The District will not assume continuing responsibility for trench subsidence if any entity or party disturbs the trench compaction, for whatever reason, after initial District inspection and acceptance.
e. In those cases where a local agency or other controlling party decides that compaction above the pip e zone on a pipeline project remains under its jurisdiction, District will not accept any responsibility for future remediation of any trench subsidence.
2. Financial Responsibility:
a. The District may seek to recover costs associated with subsidence repairs from responsible parties where the subsidence is determined to be caused by external factors, such as third-party activities or natural phenomena beyond the District's control.
b. The District will charge a fee to cover the expense of providing services when District assumes responsibility for the construction and compaction standards of its pipeline facilities.
3. Repair Protocol: Upon identification of soil subsidence over or near District facilities, the District shall:
a. Conduct an immediate investigation to assess the extent of the subsidence and its potential impact on the facilities
b. Develop and implement a repair plan that addresses the subsidence and ensures the long-term stability and safety of the affected area c. Monitor the repaired area as necessary to ensure that the subsidence issue has been adequately resolved and does not recur
4. Coordination with Other Agencies: The District shall coordinate with local, state, and federal agencies as needed when subsidence may affect public safety, adjacent properties, or infrastructure not owned by the District.
5. Public Communication: The District shall keep affected customers and the general public informed about the nature and status of subsidence repair activities, ensuring transparency and addressing any concerns that may arise.
6. Insurance and Liability: The District shall maintain adequate and appropriate insurance coverage to address any potential liabilities arising from subsidence repairs, including coverage for any third-party claims.
7. Severability: If any provision of this Resolution is held invalid, the remainder of this Resolution shall remain in full force and effect.
8. Supersession: To the extent that the terms and provisions of this Resolution may be inconsistent or in conflict with the terms and conditions of any prior resolution, the terms of this Resolution shall prevail, and such prior resolutions are hereby superseded.
ADOPTED this _______ day of ____________, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
DRAFT UNTIL APPROVED DRAFT UNTIL APPROVED
_____________________________ _________________________________
Director John Covington, President of the Director Lona Williams, Secretary to the Board of Directors of the Board of Directors of the
Beaumont-Cherry Valley Water District Beaumont-Cherry Valley Water District
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ATTACHMENT 3
BCVWD Modified Pavement Restoration and Trench Repair
Follows this page.
08/22/2024
Attachment 3 -
BCVWD
Modified Pavement Restoration and Trench
Repair Standard
08/22/2024Page 395 of 437
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ATTACHMENT 4
BCVWD Site Specific Annual Encroachment Permit Notification Letter and Encroachment Permit Notification and
Supplemental Information Form
Follows this page.
Month Date, 2024
Robert Vestal
Public Works Director
City of Beaumont
550 E. 6th St.
Beaumont, CA 92223
Re: Annual Encroachment Permit Notification Letter
Address
BCVWD Annual Encroachment Permit Tracking No.: (Number) 24-00X
Dear Mr. Vestal:
The Beaumont Cherry Valley Water District is providing this notification in accordance with requirements set forth in the City’s Annual Encroachment Permit procedures.
This notification is to identify that the District is preforming either a maintenance activity or is experiencing a leak at this location and needs to perform this maintenance work or repair this leak.
Sincerely,
Mark Swanson or James Bean
Director of Engineering / Director of Operations
BEAUMONT-CHERRY VALLEY WATER DISTRICT
Attachments:
1. Photos of leak activity
2. Encroachment Permit Application
Attachment 4
Beaumont -Cherry Valley Water District
City of Beaumont Annual
Encroachment Permit Notification
and Supplemental Information
EP No. Blanket_24-001_
Moratorium Area Excavation
Yes No
A Leak Information
A.1. Location
Nearest Address
Nearest Cross Street
A. 2. Date
Date Leak First Reported
Reported by: Customer Employee
A.3. Excavation
Excavation within Street required: Yes No
A.3.1. Estimated Excavation/Pavement Cut
A.3.1.1 Cut Width (Transverse to Pipe)
A.3.1.2
A.4. Anticipated Backfill within Excavated Area
Sand within Pipe Zone (to 12" Above Existing Pipeline)
Class II Aggregate Base Between Top of Pipe Zone and Bottom of A.C. Pavement
A.5. Anticipated Concrete Restoration Required
Yes No
If Yes: 560‐C‐3250 Concrete Other Concrete
B. Location Description
B.1 Mid‐Block Cul de Sac Corner Other:
B.2.
Apparent Physical Leak Location:
Under Street
Under Curb & Gutter
Under Sidewalk
Behind Sidewalk/Curb Other
2 FT 3 FT 4 Ft 5 FT
6 Ft 7 FT 8 FT Other
Cut Length (Longitudinal to Pipe)
2 FT 3 FT 4 Ft 5 FT
6 Ft 7 FT 8 FT Other
EP No.
B.3. Attachment 1 Photos and Proposed Repair Attached
Yes No
C. Pavement Condition/Status
C.1. Old Pavement
C.2. Street Construction or
Reconstruction (within last 5
years)
Street Grind & Overlay (within
last 5 years)
Slurry Street Seal (within 3
years)
C.3. Other:
D. Description of Anticipated Work
D.1. Water Main Repair
Leak on Water Main Existing Valve Replacement/Maintenance Connection to Existing Water Main Other:
Comments/Notes:
D.2. Water Main Lateral Repair
Fire Hydrant Lateral New Water Service Installation
Fire Service Lateral Air Valve Lateral
Existing Water Service Leak Blow Off Lateral
Sample Site Lateral
Other:
D.2.1. Complete Retrofit required Necessitating Street Excavation and Complete Service Replacement Yes No
Polyethelyne Water Service
Galvanized Water Service
Copper Water Service
Comments/Notes:
E. Moratorium Pavement Cut
Does Proposed Encroachment fall within City of Beaumont Streets Covered by City Street Cut Moratorium (Ord. 12.31.01)?
Yes No
F. Reason for Work
Work F-2 Mandated Work F-3 Building Service
Endanger Life
Endanger Public Health
Endanger Public Safety
Work Mandated: City
Work Mandated: State
Work Mandated: Federal
Service to Building/Property
with no other access
Other
F-1 Emergency
EP No.
Provide reason for if for Emergency Work (describe dangers) e.g. School Area done without Notification:
Notes:
BCVWD EMPLOYEE SIGNATURE DATE
FIELD SUPERINTENDENT REVIEW APPROVED REJECTED
Comments:
FIELD SUPERINTENDENT SIGNATURE DATE
EP No.
Attachment 1
Comments:
Comments:
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
DATE September 3, 2024
SUBJECT: Re-Appropriation of Fiscal Year 2024 Unexpended Expenditures and Project Funding Rollovers
Description Approval to reappropriate unexpended expenditures and project rollovers.
Background and Analysis:
FY24 Unexpended Expenditures
Per the City of Beaumont Financial Management Policy, unexpended appropriations cannot be used in subsequent fiscal years unless re-appropriated by the City Council.
Unexpended expenditures result in an increase in fund balance when actual revenues exceed expenditures at the end of the fiscal year (FY). In the case of planned use of reserves, the reserves are left within the fund balance and are available for allocation.
Re-appropriation of these funds will allow for the budgetary authorization of the requ ests below that were budgeted in FY24 and for various reasons could not be spent and need to be re-appropriated into the FY25 budget.
General Fund
In FY24, the City Council approved various one-time purchases within the FY24 budget.
Due to on-going projects, shipping delays and unanticipated service delays, the items or services were not completed within FY24. Attachment A provides a detailed listing of requested carryover items for re-appropriation within the FY24 budget. The need for these items or contractual obligations should be recognized within the FY25 spending authority provided by the City Council. Below is the department needs for re - appropriation in the amount of $1,266,163. All department requests were included within the FY24 appropriated budget.
Department Amount
Administration $31,500
City Council $100,000
City Clerk $526
Economic Development $929,313
Finance $22,741
Building $19,410
Police $90,147
Public Works $15,058
Community Services $12,468
Parks and Grounds $45,000
Wastewater
Wastewater operations have on-going projects that will continue into FY25, Wastewater is requesting re-appropriation of FY24 funds to cover invoices until the projects are complete. These items are also provided in detail in Attachment A.
Department Amount
Wastewater $61,140
Internal Service Fund
The Internal Service Fund (ISF) has an allocated amount for FY24 for vehicles that have not yet been received. ISF is therefore requesting the re-appropriation of FY24 funds to carry over to FY25 for the purchase of vehicles.
Fund Amount
Internal Service Fund – Vehicles $82,782
Other Special Revenue Fund
Fund Amount
CFD Admin $52,475
Other Special Revenues $52,880
Grand Total of All Re-Appropriations = $1,515,440
Project Funding Rollovers
Capital Improvement Projects are budgeted in the first year of programming in the Capital Improvement Plan (CIP). These funds are not always spent in the year of appropriation. Many projects span over multiple years and require reappropriation to
keep within the spending authority of the funds providing the funding source. All open project budgets and purchase orders will be rolled over until closed in the CIP.
Fiscal Impact:
The impact of General Fund adjustments is to increase expenditure authority by $1,266,163 and will reduce the fund balance in the General Fund by the same amount.
All other funds will increase expenditure authority by $249,277 and decrease their respective fund balances by the same amount.
The estimated cost to prepare this report is $520.
Recommended Action:
Approve the proposed reappropriation of General Fund expenditures and other funds in the amount of $1,515,440 and the rollover of all open prior year projects.
Attachments:
A. Budget Adjustment Form
DATE:9/3/2024DEPARTMENT NAME:FinancePREPARED BY:Jennifer UstationAPPROVED BY*Account Number for Example onlyRevenue = (Credit) Expense = DebitRevenue = (Credit) Expense = Debit Debit (Credit)ACCOUNT NUMBER ACCOUNT DESCRIPTIONCURRENT BUDGET ADJUSTMENT NEW BUDGET AMTExplanations / Justification100‐2050‐8060‐0000 Vehicles‐ 90,147.00 90,147.00 10‐8 Retrofit PO Rollover100‐1235‐7096‐0000 Program Costs 250,000.00 881,308.00 1,131,308.00 Downtown Incentive Program100‐1235‐7068‐0000 Contractual Services 224,750.00 48,005.00 272,755.00 Downtown Revitalization Plan100‐2150‐7068‐0000 Contractual Services 15,000.00 19,410.00 34,410.00 Energov Fixes, Upgrades and Enhancements100‐1200‐7068‐0000 Contractual Services 266,500.00 31,500.00 298,000.00 Consultant Services still needed100‐1150‐7068‐0000 Contractual Services 334,600.00 526.00 335,126.00 Project still ongoing100‐1225‐7068‐0000 Contractual Services 177,290.00 22,741.00 200,031.00 DIF study and Staff Augmentation Project still ongoing100‐3250‐7070‐0000 Software 395,952.00 5,587.00 401,539.00 Goods not received yet due to lead time100‐3250‐7012‐0000 Street Light Maintenance 75,000.00 9,471.00 84,471.00 Goods not received yet due to lead time100‐1550‐8040‐0000 Equipment‐ 12,468.00 12,468.00 Equipment to be installed in FY25100‐6050‐7156‐0000 Weed Abatement 75,000.00 45,000.00 120,000.00 Services completed in July700‐4050‐7900‐0000 Contingency 110,250.00 16,940.00 127,190.00 Project not completed700‐4051‐7068‐0000 Contractual Services 247,875.00 44,200.00 292,075.00 Project not completed250‐0000‐7068‐0000 Contractual Services 183,601.00 52,475.00 236,076.00 Arbitrage Compliance Project Ongong240‐2320‐7070‐0000 AMR Program‐ 52,880.00 52,880.00 Items not received till FY25100‐1050‐7034‐0000 Sponsorships 134,000.00 100,000.00 234,000.00 Reimbursement for BCVPD600‐5050‐8060‐0000 Vehicles 440,708.00 82,782.00 523,490.00 Vehicles not yet received‐ TOTALS1,515,440.00$ Net EffectCity of BeaumontBudget Adjustment FormFY 2024/2025C:\Users\bnavas\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\0DLEZ25P\Budget adjustment form ‐ blank: Budget Adjustment Form (2)Page 405 of 437
Staff Report
TO: City Council
FROM: Joseph Cale, Management Analyst
DATE September 3, 2024
SUBJECT: Downtown Grease Trap Improvement Program – Funding Agreement – 410 E. Sixth Street (ED2024-0003)
Description Consideration of a Funding Agreement for installation of a grease interceptor at the property located at 410 E. Sixth Street.
Background and Analysis:
On September 1, 2021, the City received a new Statewide Waste Discharge Requirements Order for sanitary sewer systems. One of the requirements of this order was to require certain existing restaurants to install new facilities, a grease trap or grease interceptor. Discharge compliance from all restaurants and other industrial users within the City is necessary for the City’s adherence to the state order, which results in groundwater quality preservation, reduced spills, lower environmental impacts, and reduced sewer rates.
On December 6, 2022, the City Council approved the establishment of the Downtown Incentive Program which was launched in 2023. The program included the following incentives:
• Downtown Façade Improvement Program or Business Improvement Program • Business Attraction and Expansion Program
• Pre-Application Fee Waiver
• Building Investigation Fee Waiver
• Sewer Connection Fee Deferral
• Grease Trap Program
• Fire Sprinkler Installation Program (added in September 2023)
The Grease Trap/Interceptor incentive program was developed to support the few restaurants which were open and in operation as of that date.
Business retention and encouraging expansion of these restaurants within the downtown area stimulates private investment, supports customer patronage and retains dining opportunities leading to preservation of sales tax revenues.
Staff has received an application for the grease trap incentive program for the property located at 410 E. Sixth Street. The subject site contains a commercial building roughly 1,300 square feet in size, which was occupied by Casa Palacios at the time of install.
The application requests funding for reimbursement under the program for the installation of a grease interceptor for a business which was open and in operation as of September 1, 2021. The installation of the grease interceptor has already taken place, and the business is in compliance with our Wastewater departments regulations.
The application contains the required two (2) bids to perform the work, and a letter explaining their challenges obtaining a third bid. The lowest bid totals $27,850. The applicant opted to select another bid in the amount of $33,200. The applicant made this decision with the understanding that the City’s incentive program dictates that reimbursement of funds will be based on the lowest responsible bid (Grease Trap Program Guidelines Section III.B.b).
The funding agreement (Attachment A) provides for a 1:1 dollar match for eligible improvements. Based on the lowest bid, the maximum program grant amount for this project is $13,925.00. The agreement specifies the requirements of the program in accordance with the program policies and procedures. Some of these requirements include paying prevailing wage, obtaining a building permit for the work to be performed, passing a final inspection, and submitting receipts and proof of payment for the work performed.
Staff will review the receipts, proof of payment, and confirm the project was performed in compliance with the funding agreement. Upon approval, the City will reimburse the awardee up to $13,925.00 pursuant to the attached agreement.
General Plan Consistency:
The proposed project is in conformance with the General Plan Economic Development and Fiscal Implementation Action EDF23 to establish and continue to improve City programs providing grants or loans for commercial rehabilitation and improvement.
EDF23 is a medium, ongoing priority for Economic Development that is consistent with the General Plan Implementation by providing multiple incentive programs to the areas of the core downtown.
Fiscal Impact:
Staff estimates the cost to prepare this staff report and funding agreement, including legal review to be $300.
There is currently $176,389 allocated to incentive program costs in the FY2024 -25 Budget GL Fund 100-1235-7096. Sufficient funds exist should the City Council approve the proposed agreement.
The total not to exceed amount under the agreement is $13,925.00.
Recommended Action:
Approve the Funding Agreement with David Shimshon for Grease Trap Improvements for the property located at 410 E. Sixth Street.
Attachments:
A. Funding Agreement – Grease Trap Improvements 410 E. Sixth Street
Incorporated by Reference:
City of Beaumont General Plan
City of Beaumont Zoning Ordinance
City of Beaumont Municipal Code Section 13.09.13 0
Contents of City of Beaumont Department Project File ED2024-0003 Grease Trap Program Guidelines
Grease Trap Program Flyer
Staff Report
TO: City Council
FROM: Carole Kendrick, Interim Community Development Director DATE September 3, 2024
SUBJECT: Fee Waiver Request for a Minor Special Event
Description Consideration of a Resolution for a fee waiver request for HCN Bank’s Annual Trunk or Treat Event for Special Event application and Temporary Sign Permit PLAN2024-0093. Strategic Plan Target #5 – Quality of Life/Well-Being, Priority Level 2, Goal #5 Increase community events, arts and culture
Background and Analysis:
On August 2, 2024, HCN Bank submitted a special event and temporary sign applications (see Attachment C), in addition to a request for consideration of waiving the minor special event application deposit and temporary sign permit fee for their annual Trunk or Treat event (see Attachment D), to be held at HCN Bank located at 1540 E. 6th Street on October 29, 2024, from 5pm – 8pm. This event occurs every year which is free for the community and anticipates a total attendance of 450 citizens.
In March 2023, City Council adopted Resolution No. 2023-03, which established user fees for certain specified services. The new fee schedule went into effect on July 1 , 2023, and included the category of Special Event – Minor, which has a deposit-based fee of $500 to be applied to fully allocated hourly rates of staff as well as any outside costs and temporary signs have a flat fee of $170.
At the November 7, 2023, Council meeting, a Special Event Permit Application Fe e Waiver Policy was adopted. The policy outlined the purpose and eligibility requirements for receiving a fee waiver including:
Purpose “…establish parameters for waiving the Special Event Permit Application deposit for community-wide events, homeowner associations or community associations events and other activities or events which provide a direct benefit to the public.”
Eligible Applicants
o Intergovernmental Cooperation
o Non‐Profit Organization
o Entity whose event positively meets the consideration criteria o Official City of Beaumont Sponsored or Co-Sponsored event
Evaluation Criteria
o Whether the event is a benefit to the community.
o Whether the event creates positive publicity for the city. o The city’s cost of providing services for/to the event. o Whether there are revenues that can be used to offset the impact of a fee waiver on the general fund.
o Whether the event promotes education, public health, public welfare or public safety.
Ineligible Events
o Organizations based outside City of Beaumont (unless the demonstrated benefits are primarily to the residents of Beaumont)
o Events or activities that are not open to the public
o Events that are political in nature or by individuals seeking political office or elected officials for the purpose of an election campaign o Religious organizations seeking space or facilities for religious services o Corporate events
o Family or social gatherings
o Events that provide no community benefit
o Trainings that charge for participation
o Events which charge a fee for entry
o Projects or organizations who have failed to fulfill their obligations during previous events or activities or failed to comply with conditions of approval resulting in an impact to public health or safety
o Events scheduled that would conflict with already planned City of Beaumont community events
This event does not require any road closures or other staff assistance , is free and open to the public, which meets the criteria required by the Special Event Fee Waiver Application Policy (see Attachment B). Review and processing of this application was approximately $750.00 in staff time.
This request also meets Strategic Plan Target #5 – Quality of Life/Well-Being, Priority Level 2, Goal #5 Increase community events, arts and culture.
Fiscal Impact:
The Minor Special Event Deposit is $500, and the Temporary Sign Permit is a flat fee of $170, for a maximum fee waiver of $670.
The cost to prepare this staff report is approximately $350.
Recommended Action:
Approve by title only, “A Resolution of the City of Beaumont Authorizing the Waiver of the Minor Special Event Permit Application Deposit and Temporary Sign Permit Fee for the Annual HCN Bank Trunk or Treat Event”.
Attachments:
A. Resolution Waiving the Special Event and Temporary Sign Fees B. Special Event Fee Waiver Policy
C. Special Event Application
D. Fee Waiver Request
E. Levine Act Statement
1 RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY OF BEAUMONT
AUTHORIZING THE WAIVER OF THE MINOR SPECIAL EVENT
PERMIT APPLICATION DEPOSIT AND TEMPORARY SIGN
PERMIT FEE
FOR THE ANNUAL HCN BANK TRUNK OR TREAT EVENT
WHEREAS, HCN Bank hosts an annual trunk or treat event each year in October at 1540 E. Sixth Street; and
WHEREAS, HCN Bank collaborates with the City of Beaumont in helping to improve the quality of life for its residents by hosting this community event every year; and WHEREAS, HCN Bank wishes to continue the path of cooperation and alliance with the City of Beaumont and has requested a fee waiver for the minor special event permit application deposit and temporary banner permit fee; and
WHEREAS, the City Council desires to waive the minor special event permit application deposit and temporary sign permit fee for the HCN Bank as it serves a public interest.
NOW, THEREFORE, BE IT RESOLVED, that the City of Beaumont does authorize a fee waiver of the minor special event permit application deposit and temporary sign permit fee for the HCN Bank annual trunk or treat event to be held October 29, 2024, and finds that the fee waiver serves a valid public purpose in that the fee waiver will support the betterment of residents and youth within the Beaumont community.
MOVED, PASSED AND ADOPTED this 3rd day of September, 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
By: ____ __________ David Fenn, Mayor, City of Beaumont
2 ATTEST:
Nicole Wheelwright
DEPUTY CITY CLERK
By: _____________
11.7.23 CC
Special Event Permit Application
Fee Waiver Policy
Purpose
The purpose of the fee waiver policy is to establish fiscally responsible guidelines to equitably evaluate and consider fee waiver requests for one-time events through the Special Event Permit Application process. These guidelines establish parameters for waiving the Special Event Permit Application deposit for community-wide events, homeowner associations or community associations events and other activities or events which provide a direct benefit to the public.
For purposes of this policy, the term “fee waiver” is the granting of a reduction or dismissal of the deposit required for filing and processing the Special Event Permit Application.
Special Event
A special event is any temporary event, as further described herein, not exceeding thirty days whether indoors or outdoors, or on improved or unimproved public or private property. It also refers to any event or activity that may result in the closure of any public streets, or any activities which may temporarily require the installation of materials or devices using building, electrical, mechanical, plumbing, flammable or similar materials. Special events may include, but are not limited to, short-term events such as any show, circus, concert, festival, carnival, dance open to the public, exhibition, walk-a-thon, marathon run, cycling event, pumpkin patch, outdoor sales and other event as identified in Beaumont Municipal Code Chapter 9.03 Regulation of Special Events.
Eligible Applicants
Fees may be waived when such action is determined by the City of Beaumont to serve a public purpose and be in the best interest of the City, its residents, and the service applicant. Eligible organizations include the following:
11.7.23 CC
Intergovernmental Cooperation
Non-Profit Organization
Entity whose event positively meets the consideration criteria Official City of Beaumont Sponsored or Co-Sponsored event (Per Approved Sponsorship)
Evaluation Criteria
The city will consider the following when reviewing a special event fee waiver request:
1. Whether the event is a benefit to the community.
2. Whether the event creates positive publicity for the city.
3. The city’s cost of providing services for/to the event.
4. Whether there are revenues that can be used to offset the impact of a fee waiver on the general fund.
5. Whether the event promotes education, public health, public welfare or public safety.
Eligible and Ineligible Fees and Events
Eligible:
1. Special Event Permit Application deposit
2. Banner Permit or other temporary, event related signage permit fee Organizations can receive up to four Special Event Permit Application fee waivers within a 12- month period.
Ineligible Costs or Fees:
1. Staffing or labor costs (i.e. overtime for staff working outside of normal operations), security costs, utility reimbursement costs, deposits for
11.7.23 CC
damages to facilities, refuse removal cost, custodial costs, maintenance costs, and any other applicable costs
2. Insurance or other fees as required by the City and/or ordinance
3. Any fees, permits or other items required by outside agencies
4. City of Beaumont business license fees unless otherwise specified in the Beaumont Municipal Code
Ineligible Events:
1. Organizations based outside City of Beaumont (unless the demonstrated benefits are primarily to the residents of Beaumont)
2. Events or activities that are not open to the public
3. Events that are political in nature or by individuals seeking political office or elected officials for the purpose of an election campaign
4. Religious organizations seeking space or facilities for religious services
5. Corporate events
6. Family or social gatherings
7. Events that provide no community benefit
8. Trainings that charge for participation
9. Events which charge a fee for entry
10. Projects or organizations who have failed to fulfill their obligations during previous events or activities or failed to comply with conditions of approval resulting in an impact to public health or safety
11. Events scheduled that would conflict with already planned City of Beaumont community events (e.g., Freedom Festival, Blizzard Bash, etc…) Policy and Procedures
The Community Development Department recognizes the value of working with and supporting organizations to provide services and programs that benefit the Beaumont community. Charging fees is a standard practice when individuals, private groups, government or non-profit groups wish to process requests to hold events. Fees charged for applications help cover the cost of providing such
11.7.23 CC
services. This policy is established for determining when applicable fees (e.g., application deposit) established by the City of Beaumont’s adopted Fee Schedule may be waived.
The policy is effective to the extent a fee waiver can be considered without negatively impacting the City’s budget or current operations.
Submit a written request for fee waiver with the Special Event Permit Application with all other required materials to the Planning Department.
If the request involves approval from other City departments, the request will be forwarded as part of the review process.
Fee waiver requests will be assessed by the Community Development Department and City Manager’s Office, based on the requirements in this policy.
Upon review, the City Manager or his or her designee, will make a recommendation to the City Council for final approval or denial.
The Planning Department will notify the applicant in writing of the final decision.
Within forty-five (45) days of completion of the event for which a fee waiver was given, the organization should provide a written report to the Planning Department, to include at a minimum the number of participants, event revenue and expenses, and a description of the benefit to the City.
Failure to abide by the procedures set forth in this policy or conditions of approval for the application may result in the respective permittee being denied the current and any future fee waiver requests. Organizations that fail to cancel the approved event less than 30 days before their scheduled event and/or that fail to abide by this policy may forfeit their ability to request future fee reductions or waivers or enter into Partnerships with the City for the following twelve (12) months.
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
(951) 769-8520
www.ci.beaumont.ca.us
Special Event Information
For Applicants wishing to apply for a Special Event Permit .
1. Please submit your application at least four (4) weeks prior to you event. If you want to have your event at a City Facility, please check with Community Services regarding availability prior to completion.
2. All vendors shall have a City of Beaumont Business License. Please be aware that Business License Applications should be submitted at least 2 weeks prior to the event.
3. There is no application fee for the Special Event application, however are reviewing the requests fees maybe required for needed Fire, police, or Community Services time, based on the type of event.
4. For events on private property a Temporary Use Permit maybe required to be submitted and approved by the Community Development Department.
5. For events on Public Property (i.e. Parks) a Facility Use Permit may be required to be submitted and approved by the Community Services Department.
6. Any signs wanted for the event must be approved by the Community Development Department and must meet the requirements of the Municipal Code.
7. Violations of any conditions issued as part of your approval may lead to immediate revocation and possible fines.
8. All non profit vendors/applicants shall apply for a standard annual business license which shall be issued at no charge. (with submittal of 501c3 letter)
APPLICANT (Organization Conducting Event)
YES NO
__________
__________
EVENT CONTACTS
FOR THE OFFICE OF CULTURAL AFFAIRS COORDINATED EVENTS ONLY:
GENERAL EVENT INFORMATION
City of Beaumont
550 East Sixth Street
Beaumont, Ca 92223
Phone: (951)769-8520 Fax: (951)769-8526
DAY TEL:__(____)______________ ALTERNATE TEL:__(____)______________ FAX:_____________________
SPECIAL EVENT PERMIT APPLICATION - CITY OF BEAUMONT
ORGANIZATION:____________________________________________________________ ADDRESS:_________________________________ CITY/STATE:_____________________ ZIP:___________ TEL:__(____)______________ FAX:__(____)______________ EMAIL:____________________________________ Is this a non-profit organization? If yes, provide tax identification number Can members of the general public join this organization? PRIMARY'S NAME:__________________________________ EMAIL:___________________________________ ADDRESS:_________________________________ CITY/STATE:_____________________ ZIP:___________ DAY TEL:__(____)______________ ALTERNATE TEL:__(____)______________ FAX:_____________________ ALTERNATE CONTACT:________________________________ EMAIL:__________________________________ ADDRESS:_________________________________ CITY/STATE:_____________________ ZIP:___________ ____ On a City street…………..Name of street(s):________________________________________________________ Website:________________________________________________________________________________________ Public Information Contact Name:______________________ Public Information Contact Phone#:__(____)__________ EVENT NAME:_________________________________________________________________________________ TYPE: (Parade, Festival, Run, Ceremony, ect.):__________________________________________________________ LOCATION: Check and complete all applicable lines
____ On the Downtown Parade Route (STREET)
____ In the Downtown Festival Site ( STREET)
____ In a City park…………….Name of Park(s):_________________________________________________________ ____ On a Paseo or Plaza……..Name of Paseo or Plaza(s):_________________________________________________ Page-1 of 4
FINAL CLEANUP: Date:__________ Time of Day: am/pm Indicate when the event site will be completely cleaned & reopened for normal use
City Office Use Only:
____ On private property……..Event location address:____________________________________________________ Assessor's parcel number(s) of event location:___________________________________ BEGIN SETUP: Date:_______ Time of Day: am/pm Indicate when you will take possession of the event site to begin event setup
ACTUAL EVENT DAY/DATE(S): TIME OF DAY: Est. Daily Attendance _______________________ (Start) am/pm (End) am/pm ___________________________ _______________________ (start) am/pm (End) am/pm ___________________________ _______________________ (start) am/pm (End) am/pm ___________________________ Number of attendees by age: Youth (under 18):__________ Adult:__________ Total attendance:__________________________ Number of attendees present during the most crowded period of event:_______________________________________________ HCN Bank
1540 E. 6th St Beaumont, CA 92223
951 766-4195 951 769-7915
x
x
Linda Hanley [email protected]
1540 E. 6th St Beaumont, CA 92223
951 236-1919 951 766-4195
Sinthia Canales [email protected]
1540 E. 6th St Beaumont, CA 92223
951 248-2044 951 481-9535
www.hcnbank.com
Trunk or Treat
Trunk or Treat Event
x 1540 E 6th St., Beaumont, CA 92223
10/29/24
Tuesday October 29 450
??450 aprox
300
10/29
12:00
5:00 pm 8:00 pm
9:00 pm
YES NO
YES NO
information (address, email and phone) for this individual should be included in the letter.
Page-2 of 4
Business Name__________________________ Tel _(____)____________________ Email___________________ For Private Property Event, a letter from the property owner (or an agent authorized by the owner) must be included with this application. The letter should be on company letterhead acknowledging their approval of the event, knowledge of the date, time and activities scheduled to take place. Contact closure.
Director of Environmental Services or his/her designee if the following conditions are met: the event occurs on a City street or on a City-owned site, facility or public park and has an average daily attendance of at least 1,000 persons.
Signature______________________________________________________________ Date___________________ Print Name___________________________________________________ Title_____________________________ _____ _____ Will there be any food and/or beverages prepared, sold or served at the event? _____ _____ Will there be sales of any kind? _____ _____ Will there be any activity connected to the event? (Examples: live animal display, parachute jump). _____ _____ Do you require any City services? (Examples: traffic control, tow zone, street barricades, electrical power, ect.)
If you answered NO to all of the questions in this section, you have completed this application. Sign the Declaration below, attach the Mandatroy Site Diagram or Route Map and submit your application. If you answered YES to ANY of the questions in this section, please complete the remainder of this application.
DECLARATION
As the authorized representative of the applicant, I hereby declare that:
Applicant shall have first obtained all approvals and paid any license fee or other fee required by the copyright owner.
SPECIAL EVENT PERMIT APPLICATION - CITY OF BEAUMONT
EVENT DESCRIPTION
_____ _____ Was this event held last year? If yes, where_______________________ Attendance?______________ _____ _____ Is this a Charitable fundraiser? If yes, for what cause?________________________________________ _____ _____ Is there an attandance fee? Fee per person: $________ Fee collected in advance?________ _____ _____ Is this event open to the public? _____ _____ Will any equipment be used on the event site? (Examples: fence, tent, canopy, table, chair, stage, trash container, dumpster, booth, amplified sound system, musical instruments, carnival ride, parade float, portable toilet, ect.)
_____ _____ Will the event require the closure of any public street or traffic lane?
SPECIFIC EVENT INFORMATION
_____ _____ Will there be any areas within the event that will be for private use only? (Example:VIP area, ect.) MANDATORY ATTACHMENTS: Required to be submitted with every application. Reference page ii for instructions. _____EVENT NARRATIVE: Please provide a description of the event theme, purpose,schedule of activities, entertainment, food, beverages (including alcohol), cleanup plan, ect. _____SITE DIAGRAM: For activities on public and private property: a detailed drawing depicting the proposed latout, including the location of booths, tables, stages, fences, dumpsters, signage, portable toilets and all other event equipment. For any activity on private property: diagram must also show all marked parking spaces, adjacent streets, residential units, and indicate the linear feet from the event boundary to streets and residences. _____ROUTE MAP: For parades, runs, walks and races on public streets or sidewalks: a map of the proposed route, route, start and finish points, direction of movement and proposed street closures including the specific lane(s) requiring
1. The information contained in this application and attachment(s) is true, complete and to the best of my knowledge.
2. Applicant agrees to defend, indemnify and hold harmless City, its officers, agents and employees from and against any and all claims, demands, causes of action, or liabilities incurred by City, its officers, agents, or employees, arising from Applicant's acts or omissions under this Agreement or any act of omission of the Applicant's permission or invitation of Applicant, except as may arise from the negligence or willful misconduct of City, its officers, agents, contractors, or employees. In any action or claim against City in which Applicant is defending City, City shall have the right to approve legal counsel providing City's defense and such approval shall not be reasonably withheld.
3. Applicant has received and understands the information contained in the Special Events Guidelines and will adhere to required arrangements listed within these Guidelines.
4. Applicant will pay for actual costs of any City services provided for your event within 30 days from receipt of City invoice. copyright law.
6. Applicant will provide access to the City's Special Event recycling service provider at a level of service established by the
5. No copyrighted musical or visual arts composition shall be performed or played, weather amplified, televised, in the form of a mechanical recording or personal rendition, or otherwise in connection with any use of City property, unless the Without limitation of any other provision, Applicant's indemnification of City as set forth in a permit or authorization to conduct an event, shall include indemnifying and saving City harmless from and against any and all liability or responsibility whatsoever for any infringement of an/or other violation of the right of any such copyright owner under any x 1540 E 6th St 450
x
x
x
x
x
x
x
x
x
x
8/15/2024
Linda Hanley
HCN Bank 236-1919 [email protected]
YES No
YES NO
YES NO
YES NO
YES NO
SPECIAL EVENT PERMIT APPLICATION - CITY OF BEAUMONT
ADDITIONAL EVENT INFORMATION
Equipment / Source of Power
1. ______ ______ Will the event be fenced? ……. Do you want the City to provide fencing? YES:______ NO:______
2. ______ ______ Will there be parade floats?
Food and Beverage
3. ______ ______ Will ther be a tent or conopy? …….. If yes, date being erected:____________ Size(s):_____________
4. ______ ______ Will amplified sound equipment be used?
5. ______ ______ Will electrical power be used...Do you want the City to provide electrical power?Yes:___NO:___
6. ______ ______ Will a generator be used?
7. ______ ______ Will there be a stage?........ If yes, date being set up:_____________ Removal date:_____________
8. ______ ______ Will heaters be used?............. If yes, indicate heater type:_________________________________
9. ______ ______ Will there be booths?.........If yes, complete the following information:
# of sales booths:___________________ # of non-sales booths:_______________ Total booths:___________________ Booth setup date:___________ Setup time:_____________ Booth removal date:_____________ Removal time:____________ Vendor arrival date:________________ Arrival:__________________
10. Total tables that will be set up (outside of booths):_____________________________
18. ______ ______ Will you require a "No Parking" tow zone?
11. ______ ______ Will alcohol be sold or served?....... If yes, Beer?__________ Wine?__________ Other? __________
12. ______ ______ Will there be food preparation?
13. ______ ______ Will there be cooking booths?
14. Indicate all cooking methods: Electrical appliance:______________________ Liquid fuel device:______________________ Wood/Charcoal BBQ:______________________ Deep Fryer:______________________ Sales
15. ______ ______ Will any items be sold?
16. ______ ______ Will vehicles be sold?
17. ______ ______ Are you requesting a Vendor Zone? Applicable to Downtown events only - this controls vendor carts around your event.
Traffic and Parking Control
_________________________________________________________________________________ Page-3 of 4
_________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Additional information describing above responses:______________________________________________
19. ______ ______ Will you require a traffic control officer?
20. ______ ______ Are you requesting that any public street or traffic lane be closed for your event? Miscellaneous Activities
21. ______ ______ Will ther be a circus or carnival?
22. ______ ______ Will there be fireworks/pyrotechnics?
23. ______ ______ Will there be aircraft or a parachute jump?
24. ______ ______ Will there be live animals?
25. ______ ______ Will there be items that produce extra trash/litter ((flyers, box lunches, ect.)? Describe: __________________________________________________________________________
26. ______ ______ Will there be any other type of activity not listed here? Describe: __________________________________________________________________________ x
x
x
x
x x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
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Car trunks will be decorated and each car will be handing out candy to the kids x
This is an annual event for the community.
BEAUMONT
POLICE DEPARTMENT
______________________________________
Sean Thuilliez, Chief of Police
“Commitment to Community”
MEMORANDUM
To: City Council
From: Sean Thuilliez, Chief of Police
Date: September 3, 2024
Re: 2024 Legislative Updates
In my capacity as the Beaumont Chief of Police, I maintain an active role in associations to enhance the position of public safety for the City of Beaumont. One such role is my position as the 2nd Vice President of the California Police Chiefs Association (CPCA) and Vice Chair of our Legislative Committee. CPCA maintains an active role in areas of legislation to achieve reasonable policy change and provide a voice to balance approaches that aim to deteriorate public safety.
As election politics heat up and public opinion continues to swing in favor of add ressing the rise in crime and general lack of safety, state representatives are responding ahead of November’s General Election. In turn, CPCA witnessed a marked change in the outcomes of early policy committees, which have historically been diametrically opposed to public safety interests on every issue.
This memo presents for your awareness a short list of general legislative topics and several high-profile measures CPCA is actively engaged on.
1. POLICE K9s
With ongoing attempts to eliminate, or dramatically reduce the scope of police K9 units, CPCA coordinated with the Peace Officers Research Association of California (PORAC) and California State Sheriffs’ Association (CSSA) at the start of the year to introduce our own bill – AB 3241 (Pacheco).
Through policy committee hearings, the opposing measure, AB 2042 (Jackson), was forced to be amended several times to address our major concerns. Leadership in the Assembly then brokered several conversations between parties. With final language agreed upon, CPCA, PORAC, and others are set to withdraw opposition to AB 2042. Given the fact the watered-down version of AB 2042 had a very high probability of getting signed into law, removing all potentially harmful language was the best strategy. AB 2042 is currently held under submission in the Appropriations committee and AB 3241 is awaiting third reading.
UPDATE: Language in both bills have been negotiated or agreed upon, although ACLU and others continue to oppose the bills because they do not ban K9s or define them as deadly force.
BEAUMONT
POLICE DEPARTMENT
______________________________________
Sean Thuilliez, Chief of Police
“Commitment to Community”
2. RETAIL THEFT
Arguably the highest profile issue, retail theft has become central to the debates regarding the problems with our criminal justice system. There are two primary tracks moving forward this year – an initiative filed by the California District Attorneys Association (CDAA) and major retailers (Proposition 36), and the legislative efforts supported by the Speaker, Pro tem, and Governor. The legislative efforts include multiple bills from the Senate and Assembly, which are fairly comprehensive in totality but stop short of amending Proposition 47. Proposition 36, which CPCA took early support of in the Fall, amends Proposition 47 on both the drug and retail side.
UPDATE: Authored by CPCA, we have a resolution template prepared to seek City Council’s formal support (NOTE: League of Cities took a support position in July).
3. TECHNOLOGY RESTRICTIONS
Privacy groups and the ACLU are continuing their attempts to ban or limit the use of various technologies by law enforcement. This includes bans on facia l recognition, restriction on geo-fence warrants, and limits on information storage and sharing. Despite these efforts, CPCA and our coalition partners have continued holding the line against any draconian restrictions and outright bans. The most significant threat this year remains AB 1463 (Lowenthal), which would restrict automated license plate reader (ALPR) data sharing/storage by putting a strict 60-day data purge requirement in place statewide for any information not connected to an ongoing investigation.
UPDATE: AB 1463 was held in the Senate Judiciary Committee in July and is done for the year.
4. EDUCATION STANDARD
A top priority at the start of this year is fixing the errant interpretation by POST that existing law requires all prospective law enforcement officers to have both a bachelor’s degree and a “modern policing degree” by the fall of 2025. CPCA developed consensus around an immediate fix that would delay implementation until 2029 and clarify one degree alone would suffice.
UPDATE: AB 852 (Jones-Sawyer) has been introduced that contains the immediate fixes needed, and includes a 36-month allowance to complete the associate degree upon completion of the Academy.
BEAUMONT
POLICE DEPARTMENT
______________________________________
Sean Thuilliez, Chief of Police
“Commitment to Community”
5. SPONSORED/SUPPORT BILLS
AB 933 (Wahab): AI Generated Sexually Abusive Material This bill specifies that computer-generated images, for purposes of statutes that criminalize child pornography, include images generated using artificial intelligence (AI).
UPDATE: Passed the Senate and currently held in Assembly Appropriations. SB 796 (Alvarado-Gil): Criminal Threats
This bill amends the definition of “criminal threat” so that threatening to commit a crime that will result in death or great bodily injury at a school or place of worship will be punishable as an alternate felony-misdemeanor.
UPDATE: Passed the Senate and Assembly Public Safety Committee, currently held in Assembly Appropriations.
SB 804 (Dahle): CSO Hearsay Testimony
This bill authorizes law enforcement civilians to provide hearsay testimony at preliminary hearings.
UPDATE: SB 804 was held in Senate Public Safety Committee last year but was able to pass through at the beginning of this session; it has passed both the Senate and Assembly and is currently in the engrossment and enrollment process.
AB 2766 (Low/Dixon): Prop57 Credit Disclosure
One of CPCA’s legislative priorities this year is to gain more information about the good conduct credits being awarded by California Department of Corrections and Rehabilitation (CDCR) under Prop57. Towards that goal, AB 2766 makes specific information about an inmate’s credits releasable under a Public Record Act request.
UPDATE: AB 2766 was watered down by Assembly Appropriations but continues to move forward and is pending in the Senate Appropriations Committee.
SB 1264 (Grove): Cannabis Testing
CSSA and CPCA are working together to push a fix for the ambiguity in existing law around cannabis testing of law enforcement. SB 1264, as originally drafted, would have clearly exempted all law enforcement from cannabis testing prohibitions. However, opposition from SEIU and others forced amendments to limit the bill to only sworn officers.
UPDATE: Despite coordinated efforts by CPCA and CSSA, AB 1264 was defeated in the Assembly Labor Committee due to SEIU opposition.
BEAUMONT
POLICE DEPARTMENT
______________________________________
Sean Thuilliez, Chief of Police
“Commitment to Community”
6. TOP OPPOSE BILLS
SB 50 (Bradford): Prohibits Low-Level Traffic Stops
Although this bill was defeated on the very last night of session last year, it remains on the Assembly Floor and will be eligible later this year. We expect amendments to emerge at some point from the author, although it is unlikely any changes will remove CPCA fundamental opposition to the premise that officers are making prejudicial and biased stops.
UPDATE: Still pending on Assembly Floor and will be voted on in the coming weeks. SB 94 (Cortese): LWOP Reform
This was also one of the final bills we defeated at the end of last year, but one we also expect to reemerge with amendments. Again, it is unlikely any changes will meaningfully address all the various concerns CPCA has raised by undoing prior court decisions on these types of cases.
UPDATE: Awaiting third reading on Assembly Floor and will be voted on in the coming weeks. AB 3021 (Kalra): Notification Mandate
A new bill from this year, AB 3021, would require a Miranda-style warning to be read to every immediate family member of an individual seriously injured or killed by law enforcement. While this type of notification is standard in most cases already, the bill requires it immediately and, in every situation, which does not account for instances where law enforcement may have just cause to withhold that information.
UPDATE: This bill barely passed the Assembly and is now awaiting third reading in the Senate Appropriations Committee; it will be voted on in the coming weeks. AB 2354 (Bonta): Vacatur Relief
Also, a new bill, AB 2354 expands existing law allowing a court to vacate charges if shown the crime was a direct result of the victimization of human trafficking or domestic violence. While CPCA is sympathetic to these situations, AB 2354 would expand relief to all felonies, remove requirements the crime was a “direct” result of being a victim, requires destruction of all records, and more. As drafted, AB 2354 is a major expansion that fails to find a proper balance.
UPDATE: This bill was defeated in Assembly Public Safety.
BEAUMONT
POLICE DEPARTMENT
______________________________________
Sean Thuilliez, Chief of Police
“Commitment to Community”
SB 1282 (Smallwood-Cuevas): Felony Diversion
This bill sought to allow for felony diversion programs, modeled after existing misdemeanor diversion programs, at the local level.
UPDATE: This bill was defeated on the Senate Floor.
SB 99 (Umberg): Military Equipment
A late gut-and-amend, SB 99 would effectively ban local law enforcement from using any drones manufactured in China, or otherwise banned by the US Department of Defense. CPCA has engaged the author, who is willing to make substantive amendments – although it remains to be determined if there are amendments sufficient to address our concerns.
UPDATE: This bill barely passed the Assembly Public Safety Committee and is held now in Assembly Appropriations.