Creative People, Practical Solutions"
City of Beaumont
Pennsylvania Avenue Widening Project Amendment Request #2 (CEQA) Table 1. Task Description and Cost Proposal
Pennsylvania Avenue Widening Project Amendment #2 (CEQA) r'SN 4. T• fl�Jfi
- T = _ ! • --
Hours Fee ($)
1. Project Description Updates
• Review revised Plans and coordinate with City/Engineer • Revise Project Description for City Approval
• Environmental Mapping — Revise per New CAD files
18 Environmental Technical Studies Coordination and QC/Edits • Air Quality
• Biological Resources
• Cultural Resources
• Hazardous Materials
• Noise
• Water Quality
3. Environmental Document/Analysis Updates — Due to:
• CEQA IS/MND — Draft Environmental Document (DED) —
Changes in Project Description, SB743/Traffic Study and updated technical studies.
4. PM. Project Management
• Additional Project Management/Meetings/Coordination
50 $3,756
$10,392
100
20 $21,280
$4,504
Subtotal
188 [ $39,932
Subconsultant Technical Analysis/Study Updates
• Air Quality — New project description & SB743/Traffic Study • Biological Resources — New footprint, time-lapse & DBESP • Cultural Resources Addendum — New footprint
• Hazardous Materials — New footprint & time-lapse
• Noise — New project description & SB743/Traffic Study • Paleontology — Field survey per SB County Museum
TBD
$8,538
$5,000
$1,880
No change
$7,218
$1,960
Subtotal
TBD $24,596
Tota
188 $64,528
Assumptions and Exclusions:
1. The Project will not require Caltrans review or approval of the Environmental Document or Technical Studies. The City is the CEQA Lead Agency and there is no NEPA nexus.
2. No additional project description changes will occur as of the 95% plans provided to M&N in June -July of 2020. Project description changes may require a revised scope of work.
3. This scope of work is valid for 90 days, and is consistent with the original 47 -week project schedule. Any delays beyond M&N's control may require a revised scope of work.
4. The scope of work assumes no new significant environmental impacts will be triggered due to the project description changes made in June -July 2020 or due to new 58743 legislation.
1111011 moffatt & nichol
5
Creative People, Practical Solutions
ENTECH CONSULTING GROUP
Pr r;:•:!a r: - L•'Vrre.r1wt ',TO/ • C."r> ',VTR r'rTM>V .11 a.crc:r: •.rt 3r Scope of Work
City of Beaumont Pennsylvania Avenue Widening
Air Quality & Noise GHG of Work
DATE: May 20, 2020
PREPARED FOR: Stephanie Oslick
PREPARED BY: Michelle A. Jones, Principal Entech Consulting Group Purpose and Objective
The City of Beaumont proposes to widen Pennsylvania Avenue consistent with the General Plan Circulation Element, in the central part of the City of Beaumont along the 1-10 corridor from its existing two-lane configuration to four lanes, to accommodate projected growth and current congestion. The portion of Pennsylvania Avenue to be widened is a 2,700 -foot -long segment (0.51 miles) between 6th Street on the north.
Air Quality Scope of Work
As part of the environmental analysis, an air quality and greenhouse gas analysis must be prepared to satisfy the CEQA requirements. The air quality and greenhouse gas analysis will require demonstrating whether or not the project will:
1. Conflict with or obstruct implementation of the applicable air quality plan;
2. Violate any air quality standard or contribute substantially to an existing or projected air quality violation;
3. Result in a cumulatively considerable net increase of any criteria pollutant for which the project is non -attainment under applicable federal or state ambient air quality standards (including releasing emissions which exceed quantitative thresholds for ozone precursors);
4. Expose sensitive receptors to substantial pollutant concentrations; or
5. Create objectionable odors affecting a substantial number of people.
6. Generate greenhouse gas emissions, either directly or indirectly that may have a significant impact on the environment
7. Conflict with an applicable plan, policy, or regulation adopted to reduce the emissions of greenhouse gases
Threshold of Significance Evaluation for Project Construction Impacts The focus of the construction analysis will be on the pollutant of greatest concern, PM2.5, and Ozone. The project area is currently nonattainment for Ozone, PM2.5, and PM10. Significant increases in these pollutants can lead to adverse health effects as well as nuisance concerns. PM2.5 emissions are produced from excavation, grading demolition, vehicle travel, and paved and unpaved surfaces. The use of diesel -powered construction equipment produces ozone precursor emissions and combustion -related particulate emissions. Emission calculation tools such as the Sacramento Roadway Construction Emission model will be used to quantify emissions from construction and compared to SCAQMD thresholds to determine significance.
City of Beaumont Pennsylvannia Widening
AQ/GHG Scope of Work May 2020
Page11
ENTEC:Iu CONSULTING GROUP
!'c I>rtsc; • /_•'srIFfri. atVtif • C Sfl? . V%OY 11 t.s tn; tff T Threshold of Significance Evaluation for Operational Impacts The most recent version of the EMFAC2017 model will be utilized to obtain daily emission levels for all criteria pollutants from the operation of the project. These daily emission levels will be compared to the SCAQMD thresholds to determine significance.
CO Hot -Spot Screening Analysis: At a local level, the project will be screened to determine if the project worsens air quality for CO. If the project is determined to have a potential to worsen air quality impacts a detailed analysis will be conducted. It is assumed that this project will not trigger a detailed analysis. The project will be screen utilizing the traffic study to determine if one of the following conditions occur
• Will Level of Service (LOS) on one or more streets or at one or more intersections in the project vicinity will be reduced to LOS E or F? or
• Will the project substantially worsen an already existing LOS F on one or more streets or at more or more intersections in the project vicinity?
Greenhouse Gas/Climate Change- Quantification of GHG will be performed to determine emission levels from both the construction and operational aspects of the proposed project. EMFAC2017 will be utilized to estimate CO2 emissions from the construction and operation of the proposed project. The analysis will discuss project implementation measures that can be employed to reduce the GHG emissions and potential climate change impacts from the projects. Utilizing the analysis identified above, an Air Quality Technical Report will be prepared in accordance with provisions of CEQA requirements.
Air Quality Budget
Staff Name
Michelle Jones/
Principal
Total
Hourly Rate
$170.76
Air Quality & GHG Analysis
50 $8,538.00
Total Hours
50 Total Costs
$8,538.00
Noise Scope of Work
These proposed improvements along Pennsylvania Avenue may have the potential to change noise levels in areas that are sensitive to changes in noise levels. Projects of this type are required to undergo CEQA review to identify the environmental impacts of the project and determine whether identified impacts are significant. Impacts will be considered significant if the noise level exceeds the Land Use Compatibility Criteria for the adjacent land use category as established in the City of Beaumont's General Plan noise element. Information developed from the CEQA noise analysis will support the development of the environmental documentation for the project.
Conduct On Site Monitoring of Sensitive Receptors
Entech Consulting Group will conduct a reconnaissance of the project area to determine sensitive land use categories. Residential land uses south of the Auto Zone near Pennsylvania Avenue and those within 200 feet North of E 6th a. have been identified in the project area. Field measurements will be City of Beaumont Pennsylvannia Widening
AQ/GHG Scope of Work May 2020
ENTECII CONSULTING GROUP
1'r n,A7A rt• El,,,TOV,Ntt max¢ • C::srR.. rxar .'L2zraar.�sar performed at these sensitive land uses to determine the existing noise environment by taking and up to three (3) short-term measurements during the nosiest hour (during free -flowing traffic conditions with the highest volume), which typically occurs between 10 am and 2 pm. Measurements will be conducted utilizing a Type 1 noise meter and in accordance with generally acceptable environmental noise standards for field measurement as defined by the Caltrans Technical Noise Supplement Manual (September, 2013).
Predictive Noise Modeling
Entech Consulting Group will conduct noise modeling to predict current, future no -build and build alternatives using the appropriate noise predictive model TNM 2.5 (Traffic Noise Model) at sensitive land uses. Prediction is based on inputs such as projected traffic volume (average daily traffic), traffic mix (percentage of truck traffic), topography, and distance of the project from the receivers. Predicted noise impacts will be presented for the future build condition and compared to the land use compatibility criteria for the associated land use category.
Construction Noise
Entech Consulting Group will perform a construction noise analysis to predict construction noise levels from the project site to demonstrate compliance with the noise ordinance.
Mitigation
Mitigation measures will be discussed to reduce noise associated with the construction of the project.
CEQA Checklist Noise Questions
The Entech will prepare a Technical Noise Report to respond to the CEQA checklist questions related to noise.
Staff Name
Cammila
Blasquez/
Environmental
Scientist
Michelle
Jones/
Principal
Total
Hourly Rate
$ 83.22
$174.76
Field Monitoring
16 $1,331.52
TNM Modeling/Analysis
8 $1,398.08
Technical Memo/ CEQA Questions
20 $3,495.20
Total Hours
16 28
$6,224.80
Other Direct Costs
Sound Level Meter Rental
$750
Travel Costs
$243
Total Costs
$7,217.80
Assumptions
Moffit & Nichol will provide traffic data and design files for the project alternatives.
City of Beaumont Pennsylvannia Widening
AQ/GHG Scope of Work
May 2020
ERICHO SYSTEMS
PreVralek & Pre ervat o'ii'
November 11, 2020
Stephanie S. Oslick, AICP, ENV SP
West Coast Director of Environmental Services
Moffatt & Nichol
4225 East Conant Street
Long Beach, CA 90808
47 1st Street, Suite 1
Redlands, CA 92373-4601
(909) 307-5633
RE: Proposal for Determination of Biologically Equivalent or Superior Preservation (DBESP) Pennsylvania Avenue Widening
Beaumont, Riverside County, California
Dear Stephanie:
Jericho is pleased to provide this Proposal to Determination of Biologically Equivalent or Superior Preservation (DBESP) for the above -referenced Project.
PROJECT UNDERSTANDING
The proposed Project encompasses approximately 2,800 linear feet of roadway along Pennsylvania Avenue, between 1St Street and 6th Street. Plans are to widen the roadway from two lanes to four lanes, for a potential total Project Impact area of approximately 13 acres, based on engineering plans from the City of Beaumont.
In June 2018, Jericho conducted a biological assessment and a Multiple Species Habitat Conservation Plan (MSHCP) Consistency Analysis. The result of these studies identified Riparian/riverine resources were found within a segment below the UPRR/I-10 corridor. Due to presence of Riverine/Riparian resources, MSHCP requires that a Determination of Biologically Equivalent or Superior Preservation (DBESP) must be developed that addresses the replacement of lost functions of habitats regarding the listed species, if these species cannot be avoided. This analysis is separate from any regulatory review/permitting by the CDFW and RWQCB.
SCOPE OF WORK
Task 1: Determination of Biologically Equivalent or Superior Preservation As identified in Section 6.1.2 of the MSHCP, Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools, riparian/riverine areas are defined as areas dominated by trees, shrubs, persistent emergent plants, or emergent mosses and lichens which occur close to or are dependent upon nearby freshwater, or areas with freshwater flowing during all or a portion of the year. Conservation of these areas is intended to protect habitat that is essential to a number of listed or sensitive water -dependent fish, amphibian, avian, and plant species. This analysis is independent from considerations given to "waters of the U.S." and "waters of the State" under the Clean Water Act and the California Fish and Game Code. "Experience the Jericho Difference" jericho-systems.com
Stephanie S. Oslick
Proposal for DBESP and HMMP — Pennsylvania Ave
November 11, 2020
In accordance with the MSHCP, if a project will impact riparian/riverine habitat, no matter how small the acreage of impact and an avoidance alternative is not feasible, then a DBESP will be needed to ensure replacement of any lost functions and values associated with loss riparian/riverine habitat will be biological equivalent or superior to the existing habitat. The DBESP is separate from the regulatory permitting process (i.e., USACE CWA Section 404, RWQCB CWA Section 401, and CDFW Section 1602).
Prior to preparing the DBESP, Jericho will conduct a pre -application meeting with the County and the applicant to review the proposed Project which will help guide the design and the DBESP process.
A DBESP will be prepared that will include the following information:
• Definition of the project area;
• A written project description, demonstrating why an avoidance alternative is not possible; • A written description of biological information available for the project site including the results of resource mapping;
• Quantification of unavoidable impacts to riparian/riverine areas associated with the project, including direct and indirect effects;
• A written description of project design features and mitigation measures that reduce indirect effects, such as edge treatments, landscaping, elevation difference, minimization, and/or compensation through restoration or enhancement;
o Mitigation measures developed during the regulatory permit process with the CDFW will be used to offset impacts to riparian/riverine habitat as appropriate. If additional mitigation is necessary, for riparian/riverine habitat, additional mitigation measures will be included. • A finding demonstrating that although the proposed project would not avoid impacts, with proposed design and compensation measures, the project would be biologically equivalent or superior to that which would occur under an avoidance alternative without these measures, based on one or more of the following factors:
o Effects on Conserved Habitats;
o Effects on the listed species; and
o Effects on riparian Linkages and function of the MSHCP Conservation Area.
Prior to approval of the DBESP, the Wildlife Agencies (i.e., USFWS, CDFW, and the RCA) will be notified and provided a 60 -day review and response period on the draft report. The proposed scope of services includes preparation of a DBESP to be reviewed by (1) the Client, and (2) the Wildlife Agencies. This task includes the distribution of up to six (6) hard copies (3 for the distribution of the draft report and 3 for the distribution of the final report) of the DBESP, response to two (2) sets of comments, and updates to the DBESP as appropriate.
FEE SCHEDULE
Jericho is sensitive to the needs of all of our clients and their budgets. Our approach is designed to save the client money and time by providing a flat rate for services. The cost is identified as follows:
Stephanie S. Oslick
Proposal for DBESP and HMMP — Pennsylvania Ave
November 11, 2020
Tasks
Cost
Task 1 Determination of Biologically Equivalent or Superior Preservation $5,000
Total
$5,000
PROJECT SCHEDULE
The work to complete these tasks can begin upon authorization of our proposal and contract acceptance.
Based on our recent experience with DBESP processing through the County, it is anticipated that work will be complete within approximately three to six months from authorization of this task. Jericho will work expeditiously with the agencies as we are aware of the needs to complete this project as soon as possible.
Jericho appreciates the opportunity to continue to be of service. If you have any questions or need any clarifications, feel free to contact me at (909) 307-5633 or at shav(tijericho-systems.com Sincerely,
Shay Lawrey, President
111
CRM TECH
1016 E. Cooley Drive, Suite A/B
Colton, CA 92324
July 15, 2020
Moffatt & Nichol
3780 Kilroy Airport Way, Suite 600
Long Beach, CA 90806
Stephanie S. Oslick, AICP, ENV SP
SCOPE OF WORK AND COST PROPOSAL
Addendum Report to a Previously Completed
Cultural Resource Assessment
And for a Paleontological Survey/Assessment
For the Pennsylvania Avenue Street Widening Project
City of Beaumont, Riverside County, California
CRM TECH is submitting to Moffatt & Nichol ("Client"), this proposal to conduct an addendum study for the project referred to above. Between June and September 2018, CRM TECH completed a historical/archaeological resources study for the project. Since then some changes have been made in the project area, such that some parts of current project area were not included in the earlier study. Those areas now need to be inspected for cultural resources. An addendum report will be prepared to present the results of the cultural investigation of those additional areas.
Additionally, at this time, a paleontological survey is also required. The tasks and cost of completing the paleontological survey/assessment are presented separately in this document.
Scope of Work: Cultural Resources Addendum
In order to complete a cultural resources assessment of the additional area, CRM TECH would accomplish the following tasks:
1. Use the provided shape files of the boundaries of the new, additional areas that were not included in the earlier study and produce maps of them on historic -period and current maps and aerial images for use when reviewing the records search and historical background research results and during the field survey; appropriate figures will be included in the addendum report.
2. Review the results of the historical/archaeological resources records search previously completed for the project area for information regarding previously completed cultural resource studies and previously recorded cultural resources in the project area and vicinity.
3. Review the general prehistorical and historical background research previously completed to, once again, become familiar with the prehistorical and historical context of the area and for information about previous land uses and development trends within and around the project area.
Tel: 909 824 6400 Fax: 909 824 6405
4. Conduct a field survey of the new, previously unsurveyed parts of the project area following professional archaeological procedures; this will include, among other standard procedures, inspecting the entire ground surface of the previously unsurveyed areas, documenting the current conditions, and taking overview photographs.
5. Prepare an addendum report to document the methods and findings of Tasks 1-4, stating our results, conclusions, and recommendations for cultural resources with regards to these new areas.
Cost: Cultural Resources Addendum
CRM TECH proposes to complete the tasks listed above for the addendum report for this project for a cost of $1,880.00.
Scope of Work: Paleontological Survey/Assessment
To satisfactorily complete the paleontological survey/assessment of the entire project area, CRM TECH will conduct the following tasks:
1. Using the digitized data of the entire project area, produce a figure showing the project area on one or more geologic maps of the area.
2. Review the paleontological resources records search completed by the San Bernardino County Museum for information regarding geological formations and other information regarding paleontologically sensitive sediments and paleontological resources within and near the project area.
3. Review pertinent paleontological literature and geological maps for information regarding geological formations and paleontological resources in the project area and vicinity.
4. Conduct a field survey of the entire project area following standard professional paleontological procedures.
5. Prepare a report to document the methods and findings of Tasks 1-4, identifying any potential fossil - bearing soils and paleontological resources within the project area, if any, discussing their possible significance, and recommending subsequent courses of action for paleontological compliance for the project.
Cost: Paleontological Resource Survey/Assessment
CRM TECH proposes to complete the paleontological study for a cost of $1,960.00.
Total Cost: Both Studies
This results in a combined cost for both the cultural resources addendum study and the paleontological resources survey/assessment of $3,840.00.
Reimbursable Expenses
No reimbursable expenses or indirect costs will be added to our invoices. The prices include items such as mileage, copying and printing, and administrative fees.
Pennsylvania Widening
Cultural Add & Paleo
Payment Schedule
The full amount will be due upon completion of the final reports.
Project Schedule
Start date: Immediately upon authorization to proceed.
Completion date: The study will be completed by a date agreed upon by CRM TECH and the Client; CRM TECH may be able to complete these studies in approximately 2 weeks.
Agreement
If the Client agrees to the terms and conditions of this proposal, an authorized signature below will constitute a contract and an agreement to proceed. Alternatively, this document can be incorporated into the Client's standard subconsultant agreement.
Submitted by:
Michael Hogan
CRM TECH
Agreed to by an Authorized Representative of Moffatt & Nichol:
Signature
Printed name and title Date
Pennsylvania Widening
Cultural Add & Paleo
THIRD AMENDMENT
TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BEAUMONT
AND MOFFATT & NICHOL FOR ENVIRONMENTAL SERVICES FOR
PENNSYLVANIA AVENUE GRADE SEPARATION (CIP 2017-012)
THIS THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 15th day of November , 2022, by and between the CITY OF BEAUMONT, a general law city, ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and MOFFATT & NICHOL, a California corporation whose address is 4225 East Conant Street. Long. Beach, CA 90808 ("CONTRACTOR") in consideration of the mutual promises and purpose contained herein, the parties agree as follow:
1. RECITALS
This Third Amendment is made with respect to the following facts and purpose that the parties agree are true and correct:
A. On December 19, 2017, the City and MOFFATT & NICHOL, entered into that certain agreement entitled "Agreement for Professional Services by Independent Contractor" for
ENVIRONMENTAL DOCUMENTATION SERVICES FOR THE PENNSYLVANIA
AVENUE INTERCHANGE IMPROVEMENT PROJECT, PENNSYLVANIA AVENUE
WIDENING PROJECT AND THE PENNSYLVANIA AVENUE GRADE SEPARATION PROJECT ("Agreement").
B. City has requested a further change in scope to the work under the Agreement regarding NEPA compliance for the Pennsylvania Avenue Grade Separation Project and CONTRACTOR has requested that the scope of work should be increased as provided in the Proposal dated November 2, 2022, a copy of which is attached hereto as Exhibit "A", and incorporated herein by this reference.
2. AMENDMENT
Section 1 of the Agreement is hereby amended to extend the term of the agreement until the services are completed, but not to exceed one (1) year or December 19, 2023.
Section 2 of the Agreement is hereby amended to add to the Services those services identified in the Proposal attached hereto as Exhibit "A".
Section 4.01 of the Agreement is hereby amended to increase the maximum compensation under the Agreement as follows: Under previous Amendments, compensation was set at four hundred and eleven thousand, six hundred and sixty-nine dollars ($411,669). Per this Third Amendment, compensation is increased by the maximum amount of one hundred and forty-four thousand, seven hundred and five dollars ($144,705) as provided in the Proposal attached hereto
as Exhibit "A" resulting in total compensation under the Agreement not to exceed five hundred and fifty-six thousand, three hundred and seventy-four dollars ($556,374).
The recitals to this Amendment are deemed incorporated herein by this reference. All other terms of the Agreement not expressly amended by this Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereby have made and executed this Third Amendment to Professional Services Agreement to be effective as of the day and year first above -written.
CITY:
CITY OF BEAUMONT
By:
Lloyd White, Mayor
ATTEST
APPROVED AS TO FORM
John( ey, City Attorney
CONTRACTOR:
MOFFATT & NICHOL
By:
Print Name: Shelly Anghera
Title: Vice President
EXHIBIT "A"
PROPOSAL DATED November 2, 2022
4225 E. Conant Street
Long Beach, CA 90808
moffatt & nichol
November 2, 2022
(562) 590-6500
www.moffattnichol.com
Mr. Jeff Hart
City of Beaumont Public Works Director
550 E. 6th Street
Beaumont, CA 92223
Subject: Pennsylvania Avenue Grade Separation Project - Amendment Request #3 for Environmental Documentation Services (NEPA)
Dear Mr. Hart:
Moffatt and Nichol (M&N) is pleased to provide the City of Beaumont with continued assistance on the Pennsylvania Avenue Grade Separation Project. This amendment request is to our existing contract dated December 19, 2017 to provide "Environmental Documentation Services for Pennsylvania Avenue Interchange Improvement Project, Pennsylvania Avenue Widening Project and the Pennsylvania Avenue Grade Separation Project." Specifically, this Amendment #3 request is to (1) extend the contract beyond December 19, 2023 for one additional year, (2) provide environmental services associated with National Environmental Policy Act (NEPA) services for the Pennsylvania Avenue Grade Separation Project (Grade Sep Project) due to the City obtaining federal funds by FHWA to help build the Grade Sep Project, and (3) updating our billing rates (as the original contact was approved in December 2017.
Amendment #1 dated January 2, 2019 was approved for (1) extending the contract to December 19, 2020 (term of agreement) to December 19, 2023, and (2) providing Regulatory and Multiple Species Habitat Conservation Plan (MSHCP) services specifically for the Pennsylvania Avenue Widening Project (additional services and compensation). Amendment #1 services were not included in the original 2017 contract because the original contract was only for services during the environmental document phase (technical studies and the environmental document), and these regulatory services are completed during final design, which is the project phase after the environmental document phase.
Amendment #2 dated February 2, 2021 was approved for (1) extend the contract beyond December 19, 2020, and (2) provide continued California Environmental Quality Act (CEQA) services for the Pennsylvania Avenue Widening Project (Widening Project) due to project description changes, changes to the CEQA Environmental Checklist, revision to USACE regulations on Waters of the United States definition, and new SB743 legislation (requirement to analyze vehicles miles travelled) that occurred in June -July 2020 after production of the environmental documentation had already commenced. Since 2019 and in June -July 2020, the Widening Project has undergone design changes from the original 95% Plan Set, regulatory changes (SB743 implementation and USACE jurisdiction definition), and changes in CEQA that require additional effort to complete the tasks. Design changes include removing the sidewalk from the east side of Pennsylvania Avenue, incorporating new structural Best Management Practices (BMP)s and a moffatt & nichol
1 Creative People, Practical Solutions
City of Beaumont
Pennsylvania Avenue Grade Separation Project Amendment Request #3 (NEPA) revised project footprint. These project description changes will require additional effort to update the supportive technical analysis/studies already completed and update environmental resource analyses in the IS/MND.
In Summer 2022, the City decided to procure federal funds from FHWA to help build the Grade Sep project. Since there will now be a federal nexus, the Grade Sep project is federalized, and NEPA compliance is required. Per NEPA Assignment, Caltrans acts on behalf of FHWA, and therefore the NEPA document and technical studies need to comply with Caltrans processes and templates (as applicable). A Preliminary Environmental Study (PES) will be required, which identifies the type and level of any required technical studies and the type of NEPA environmental document. At this time, it is anticipated that a NEPA Categorical Exclusion will be the appropriate environmental document to demonstrate NEPA compliance. Further, the following technical studies may also be required (to be confirmed once the PES is approved by Caltrans):
• Part of the project is located with the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP) and possible waters of the US/State. See attached Biological Scope of Work from Noreas, Inc.
• The Union Pacific Railroad is a recorded historic site in the area, and excavation is anticipated for this project. The project will need to comply with Section 106 of the National Historic Preservation Act. See attached Cultural Scope of Work from CRM Tech. • The project is located within City and Union Pacific right-of-way, a Phase I Initial Site Assessment (to determine any hazardous materials within the project site) will likely be needed. See attached Phase I ISA Scope of Work from Leighton. • The project will have a vertical change to the Pennsylvania Avenue alignment, a Noise Study Report (NSR) will likely be needed. See attached Noise Scope of Work from Entech Consulting Group.
• A paleontological sensitivity assessment may be needed for this project. See attached Palaeontological Scope of Work from CRM Tech.
M&N respectfully requests additional authority to prepare/process technical analyses associated with the NEPA environmental document (for $33,700), and an additional $111,005 for optional tasks (pending requirements identified with PES approval) for a total of $144,705). The tasks, fees, assumptions and exclusions are included in Attachment A Scope of Work.
If you have any questions or require additional information, please contact me at 562-317-3491.
We look forward to working with you.
Sincerely,
MOFFATT & NICHOL
Stephanie S. Oslick, AICP, ENV SP
Project Manager
Encl: Attachment A: Scope of Work and Fee and proposals from subconsultants 'w'® moffatt & nichol
2 Creative People, Practical Solutions.®
City of Beaumont
Pennsylvania Avenue Grade Separation Project Amendment Request #3 (NEPA) Attachment A
(Scope of Work and Fee)
TASK 1— PROJECT DESCRIPTION AND PRELIMINARY ENVIRONMENTAL STUDY (PES) M&N will prepare the project description for inclusion in the Caltrans Preliminary Environmental Study (PES), consistent with the latest Caltrans Local Assistance Procedures Manual — Chapter 6 (dated November 2021).
Scope of work:
• Coordinate with Project Engineer for updated Plan Set and CAD Files. • Prepare and submit PES to City and Caltrans for review (and approval by Caltrans).
Deliverable:
• Draft and Final Preliminary Environmental Study (PES), which includes Project Description TASK 2 — NEPA ENVIRONMENTAL DOCUMENT
M&N will prepare the NEPA environmental document (assumed to be a Categorical Exclusion with Caltrans acting as the NEPA Lead Agency), consistent with the Project Description and PES described under Task 1 above.
Scope of work:
• Prepare Draft and Final NEPA Categorical Exclusion for City and Caltrans review (and Caltrans approval)
Deliverables:
• Prepare Draft and Final NEPA Categorical Exclusion
Please note —Task 2 was already included as part of the original contract, so additional budget is now needed as the original contract was approved in December 2017.
TASK 3 — PROJECT MANAGEMENT
M&N will manage the environmental document, coordination with subconsultants, billing, invoicing and contract between the City and M&N's subconsultants. • No specific deliverable for this Task.
'i`g moffatt & nichol
3 Creative People, Practical Solutions
City of Beaumont
Pennsylvania Avenue Grade Separation Project Amendment Request #3 (NEPA) TASK 4 — ENVIRONMENTAL TECHNICAL STUDIES (Optional)
M&N will coordinate with the technical specialists to provide the Project Description, Environmental Project Footprint and respond to requests for information needed to prepare environmental technical studies. M&N oversight will include quality control for adequacy of analysis and findings consistent with NEPA. Although our experience with Caltrans has indicated that environmental technical studies become "dated" after two or three years, to the greatest extent possible, environmental analyses prepared for adjacent projects (including Pennsylvania Avenue Widening Project) will be used.
Scope of work:
• Coordinate with specialists to prepare environmental technical studies consistent with that is identified in the Caltrans approved PES (Task 1). • Oversee and Quality Control of environmental technical studies as identified in the Caltrans approved PES (Task 1). Optional scope/fee are attached to this document for Biological Resources, Cultural Resources, Hazardous Materials, Noise and Paleontology. • Coordinate with City as needed regarding findings of the technical analyses.
Deliverable
• Draft and Final Environmental Technical Studies (per NTP from City based on Caltrans approved PES).
TASK 5 — REGULATORY PERMITTING (Optional)
If needed, M&N will prepare regulatory permitting applications to impacts to wetlands or Waters of the US/Waters of the State from the US Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and/or California Department of Fish and Wildlife (CDFW).
Scope of work:
• Coordinate with applicable regulatory agencies and submit permit applications.
Deliverable:
• Regulatory agency permit applications (assuming USACE Nationwide Permit, RWQCB 401 Certification, and CDFW 1600).
Table 1. Task Description and Cost Proposal
Pennsylvania Avenue Grade Separation Project - Amendment #3 (NEPA) Task Description Hours Fee ($)
1. Project Description and Preliminary Environmental Study (PES) • Project Description for City Approval
• Prepare PES and submit to City and Caltrans (for Caltrans review and approval)
moffatt & nichol
130
$23,100
4 Creative People, Practical Solutions.®
City of Beaumont
Pennsylvania Avenue Grade Separation Project Amendment Request #3 (NEPA) Task Description
Hours Fee ($)
2. NEPA Environmental Document
• NEPA Categorical Exclusion (and Caltrans Coordination)
3. Project Management
• Project Management/Meetings/Coordination
22 $4,220
22 $4, 640
Subtotal
174 $33,700
4. Environmental Technical Studies (Optional pending Caltrans Approval of PES)
• Biological Resources
• Cultural Resources
• Hazardous Materials (ISA)
• Noise
• Paleontology
TBD
$56,000
$10,740
$7,900
$17,025
$2,740
Subtotal (Optional)
TBD
$94,405
5. Regulatory Permitting (Optional)
• USACE, RWCQB, and/or CDFW
100
$16,00
16,600
Subtotal (Optional Tasks 4 and 5)
TBD $111,005
6,380
Total (includes Tasks 1-3 and Optional Tasks 4-5) 188 $144,705 Assumptions and Exclusions:
1. The Project will require Caltrans review and approval of the Environmental Document and Technical Studies. Caltrans is the NEPA Lead Agency.
2. No additional project description changes will occur as of the 65% plans provided to M&N.
Project description changes may require a revised scope of work.
3. This scope of work is valid for 90 days. Any delays beyond M&N's control may require a revised scope of work.
4. The scope of work assumes no significant environmental impacts as defined by NEPA, which would require a higher -level environmental document to be prepared (e.g., Environmental Assessment or Environmental Impact Statement).
5. It is assumed that no sensitive species (e.g., threatened or endangered species) will be present within the project study area.
6. Up to five environmental resource technical studies are included as optional (Task 4).
After Caltrans approval of the PES (Task 1), the specific technical studies required for this project will be identified and inform which technical studies will needed. The specific scope of work for each of the technical studies are included to this document.
No work will commence unless required and M&N obtains NTP from the City. 7 Regulatory permitting is included as an optional task (Task 5). No work will commence unless required and M&N obtains NTP from the City. Any permitting application fees will be paid by the City.
h," moffatt & nichol
5 Creative People, Practical Solutions.®
REAS
CITY OF BEAUMONT'S PENNSYLVANIA AVENUE GRADE SEPARATION PROJECT
SCOPE OF WORK & FEE PROPOSAL
October 19, 2022
Ms. Stephanie Oslick
Moffatt & Nichol
4225 East Conant Street
Long Beach, CA 90808
SUBJECT: CITY OF BEAUMONT'S PENNSYLVANIA AVENUE GRADE SEPARATION PROJECT — SCOPE
OF WORK & FEE PROPOSAL
NOREAS Inc. (NOREAS) is pleased to provide this scope of work and fee proposal to assist Moffatt & Nichol (MN) with the City of Beaumont's Pennsylvania Avenue Grade Separation Project (hereafter referred to as the "Project"). For the purposes of this scope of work (SOW), the proposed "study area" is limited to <_ 10 -acres — located in the City of Beaumont, County of Riverside, California.
The following tasks will be completed on a time and materials basis:
➢ TASK 1. BIOLOGICAL SURVEY, ANALYSIS & BIOLOGICAL TECHNICAL REPORT; ➢ TASK 2. WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) CONSISTENCY REPORT;
➢ TASK 3. DELINEATION OF WETLANDS, WATERWAYS AND MSHCP RIPARIAN/RIVERINE RESOURCES;
➢ TASK 4. BURROWING OWL SURVEY & REPORT;
➢ TASK 5. NARROW ENDEMIC PLANT SURVEYS & REPORT; AND
➢ TASK 6. NATURAL ENVIRONMENT STUDY
TASK 1. BIOLOGICAL SURVEY, ANALYSIS & BIOLOGICAL TECHNICAL REPORT NOREAS will review resource databases, local resource management plans, aerial photos, and other readily available commercial data to determine the location and types of biological resources that have the potential to exist in the region and within the Project's study area. The literature review will support the development of all written deliverables within this SOW. NOREAS shall also perform: pedestrian based biological surveys; conduct vegetative mapping; and complete habitat assessments to determine the presence — or absence, of special status species habitat within the study area. Field work will disclose and evaluate the onsite habitat conditions; and determine the potential for occurrence of common and special status species, their habitats, and sensitive land cover types. In general, the field analysis and data collection will focus on identification and estimation of the approximate acreages of various land cover types that occur within Project's limits. A stand-alone Biological Technical Report (BTR) will be prepared for the Project which details the results of the literature review, pedestrian based biological surveys, and data analysis. The report will present the existing biological resources within the study area, and describe the following:
✓ The methods used in identifying and assessing biological resources, the personnel who conducted the studies, contacts made with agencies — if any, and limitations associated with the data analysis;
✓ The environmental setting will include both the biological and physical setting within and adjacent to the study area; and
➢ The results, including presence/absence of special status species habitats, riparian or other sensitive natural communities, etc.
1IPage
16361 Scientific Way, Irvine, CA 92618
NCREAS
�= .ng ,
CITY OF BEAUMONT'S PENNSYLVANIA AVENUE GRADE SEPARATION PROJECT
SCOPE OF WORK & FEE PROPOSAL
TASK 2. WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP)
CONSISTENCY REPORT
The Project is within Western Riverside Multiple Species Habitat Conservation Plan (MSHCP) boundaries and is subject to a determination that Project activities are consistent with the policies within Section
6.0 of the MSHCP. Accordingly, analysis and data synthesis will focus on identification and estimation of the approximate acreage of various vegetation communities that would likely be affected from Project implementation. Project specific biological data will be analyzed based upon MSHCP consistency requirements. For example, since the Project is within MSHCP boundaries (Badlands Area Plan — not within a Cell Group, or Criteria Cell) it is subject to a determination that proposed Project activities are consistent with MSHCP Section 6.0 (i.e., riparian/riverine [Section 6.1.2], and species survey requirements [Sections 6.1.3 and 6.3.2]). As a result, a stand-alone report will be prepared by NOREAS to analyze the Project based upon MSHCP consistency specifications (e.g., effects on MSHCP Covered Species, Core Areas, Linkages, and Conservation Area Configuration). In addition, this analysis will consider the degree to which the Project incorporates the siting and design criteria defined within the MSHCP (i.e., guidelines for wildlife, best management practices [BMP's] and so forth).
TASK 3. DELINEATION OF WETLANDS, WATERWAYS AND MSHCP RIPARIAN/RIVERINE RESOURCES NOREAS proposes to evaluate available data (i.e., previously prepared environmental documents, memos, reports and fact sheets for the Project, National Wetland Inventory, Aerial Photographs, United States Geological Survey [USGS] maps, MSHCP Transportation and Land Management Agency Geographic Information Services Database, Regional Conservation Authority GIS Data Mapping Tool, etc.) and delineate jurisdictional wetlands, waterways, and those locales that satisfy the MSHCP's Section 6.1.2 definition of Riparian/Riverine Resources pursuant to the substantive provisions set forth within the following:
✓ US Army Corps of Engineers (USACE) Wetland Delineation Manual; ✓ Lichvar and Wakeley's Interim regional supplement to the USACE Wetland Delineation Manual Arid West Region Direction on Delineating Arid Streams; 1 USACE and Environmental Protection Agency's June 2007 issued Clean Water Act (CWA) Jurisdiction Following the U.S. Supreme Court's Decision in Rapanos v. United States & Carabell v. United States guidance document;
1 Mesa Field Guide: Mapping Episodic Stream Activity (Vyverberg et al. 2014) (MESA); ✓ A Field Guide to Lake and Stream Bed Alteration Agreements Sections 1600 — 1607; and ✓ Section 6.1.2 of the WRMSHCP, Volume I.
NOREAS will prepare a written delineation report to indicate the presence or absence of wetlands, Waters of the United States (WoUS), Waters of the State (WoS), and MSHCP Riparian/Riverine Resources within the study area. The aforementioned document will represent an estimate of jurisdictional boundaries using the most recent regulations, written policies, and guidance from the regulatory agencies. However, only the USACE, Regional Water Quality Control Board (RWQCB), California Department of Fish and Wildlife (CDFW), MSHCP Environmental Programs Department (EPD), and the Regional Conservation Authority (RCA) can make a final determination of special aquatic resource areal boundaries and jurisdiction. The field delineation and analysis methods, results and 1 For the purposes of this analysis, a special aquatic resource area is defined as any potential: United States Army Corps of Engineers jurisdictional wetland and/or waterway feature pursuant to Section 404 of the Clean Water 21 Page 16361 Scientific Way, Irvine, CA 92618
N REAS
CITY OF BEAUMONT'S PENNSYLVANIA AVENUE GRADE SEPARATION PROJECT
SCOPE OF WORK & FEE PROPOSAL
conclusions will be presented within a single technical report (i.e., Delineation Report). Field work will be completed in accordance with established protocols for analysis and public disclosure of special aquatic resource area boundaries. It is anticipated that minimal differences in terrain, vegetation density, weather and visibility will allow 2 biologists to complete the proposed field activities in no more than 2 days.
TASK 4. BURROWING OWL SURVEY & REPORT
The study area is within a designated Western Riverside MSHCP Burrowing Owl Survey Area. To that end, the MSHCP requires surveys for Burrowing Owl in areas where suitable habitat is identified. The proposed survey protocol for Burrowing Owls was taken directly from the MSHCP, Instructions for Burrowing Owl Surveys for the Western Riverside Multiple Species Habitat Conservation Plan Area (2006). The focused surveys will be comprised of the following tasks:
✓ One burrow survey and an additional 4 separate survey events shall be conducted from one hour before sunrise to two hours after sunset;
✓ Biologists will examine burrows for owl sign, and map owl locations with a global position system on Project maps — if appropriate; and
✓ Burrowing owl sightings will be counted and mapped - identifying occupied / unoccupied burrows, and sign.
It is anticipated that differences in terrain, vegetation density, private property, topographic relief, etc., will allow biologists to complete the field surveys in four (4) calendar days. After completion of the above referenced surveys, a final report will be developed. This report will discuss survey methods and results. Appropriate maps showing potential burrow locations shall also be included.
TASK 5. NARROW ENDEMIC PLANT SURVEYS & REPORT
The study area is within a designated survey area for MSHCP Narrow Endemic Plants. Pursuant to MSHCP specifications, surveys for the following species will be required:
➢ Marvin's onion, April -May; and
> Many -stemmed dudleya, April -July.
Focused surveys will coincide with known flowering period of above referenced special status plant species. Reference populations for representative species will be visited prior to initiation of field surveys. This will be done to objectively validate survey timing, findings and document local variations in flowering phenology. Prior to initiating plant surveys, known plant populations in the region are observed; safeguarding that the surveys appropriately coincide with the observation period of targeted species during wetter/drier-than-normal years. The field survey methods, results and conclusions will be provided within a written stand-alone Technical Report. This SOW assumes that differences in terrain, vegetation density and visibility will allow 2 biologists to complete the field work in no more than 3 calendar days.
Act; Regional Water Quality Control Board jurisdictional water pursuant to their legal authority in accordance with Section 401 of the Clean Water Act and as defined within Section 13050(e) (et seq.) of the California Water Code via the Porter -Cologne Water Quality Control Act; California Department of Fish and Wildlife bed, bank, channel or riparian locations jurisdictional pursuant to Section 1600 (et seq.) of the California Fish and Game Code and locales that satisfy the MSHCP's definition of Riparian/Riverine.
Wage Page 16361 Scientific Way, Irvine, CA 92618
N REAS
CITY OF BEAUMONT'S PENNSYLVANIA AVENUE GRADE SEPARATION PROJECT
SCOPE OF WORK & FEE PROPOSAL
TASK 6. NATURAL ENVIRONMENT STUDY
A California Department of Transportation (CALTRANS)-compliant Natural Environment Study (NES) will be prepared based on the results of the previous described biological surveys and analysis. The NES will describe the existing biological resources within the study area and detail how the Project may affect those resources. The NES will summarize technical documents (e.g., stand-alone focused species studies, delineation report, etc.) related to effects on biological resources in the study area for use in a Project specific environmental document. The NES will conform to the most current version of the CALTRANS NES template - as provided in Volume 3 (Biological Resources), Chapter 2 (Natural Environment Study) of the SER. Furthermore, the NES will be prepared in accordance with CALTRANS' Quality Control Guidance for Standard Biological Technical Documents and Reports. The NES will also provide language and minimization measures for use within the Project specific environmental document.
ASSUMPTIONS
• NOREAS will be provided with the physical limits / boundaries of the study area. Project boundaries and the roughly 10 -acre.
• This SOW does not include any formal federal or state Endangered Species Act consultations. • This SOW does not include any discretionary permitting. • This SOW does not include a Determination of Biologically Equivalent or Superior Preservation (DBESP) report.
• NOREAS anticipates that one (1) administrative draft and one (1) final version of work products will be provided via email. Drafts will be revised in accordance with one round of formally submitted comments.
• NOREAS will be provide with authorization and assist NOREAS in arranging access to the Project, if necessary.
• SOW includes no focused amphibian, mammal, Delhi Sands Flower -loving Fly or Criteria Area plant surveys.
• The services to be performed by NOREAS will be conducted in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances. Opinions relating to presence, absence, or potential for occurrence of biological resources will be based on limited data and actual conditions may vary from those encountered at the times and locations where the data were obtained; despite the use of due professional care.
41 Page
16361 Scientific Way, Irvine, CA 92618
N • R€AS
CITY OF BEAUMONT'S PENNSYLVANIA AVENUE GRADE SEPARATION PROJECT
SCOPE OF WORK & FEE PROPOSAL
FEE ESTIMATE
Consulting services described herein are effective October 19, 2022 and are expected to extend to December 31, 2023. NOREAS will provide the scope of services described herein on a time and materials basis, and will not exceed the level of effort estimate provided below without written authorization from MN.
TASK 1. BIOLOGICAL SURVEY, ANALYSIS &
BIOLOGICAL TECHNICAL REPORT
$ 5,000.00
TASK 2. WESTERN RIVERSIDE MULTIPLE SPECIES
HABITAT CONSERVATION PLAN (MSHCP)
CONSISTENCY REPORT
TASK 3. DELINEATION OF WETLANDS, WATERWAYS
AND MSHCP RIPARIAN/RIVERINE RESOURCES
TASK 4. BURROWING OWL SURVEY & REPORT
$7,500.00
$10,000.00
$7,000.00
TASK 5. NARROW ENDEMIC PLANT SURVEYS &
REPORT
TASK 6. NATURAL ENVIRONMENT STUDY
Total
$6,500.00
$20,000.00
$56,000.00
If you have any questions about the scope or fee estimate, please contact me at your earliest convenience.
PRESENTED BY:
Lenny Malo, Vice President —10/19/22
NOREAS, Inc.
Wage
16361 Scientific Way, Irvine, CA 92618
CRM TECH
1016 E. Cooley Drive, Suite AB
Colton, CA 92324
Moffatt & Nichol
4225 East Conant Street
Long Beach, CA 90808
Stephanie S. Oslick
COST PROPOSAL AND SCOPE OF WORK
October 12, 2022
Historic Property Survey, Archaeological Survey, and Historic Resource Evaluation Reports And Paleontological Resources Sensitivity Assessment for the Pennsylvania Grade Separation (NEPA) Project
City of Beaumont, Riverside County, California
CRM TECH is pleased to submit to Moffatt & Nichol ("Client"), this proposal for the project referenced above. All three projects are at or near the intersection of Pennsylvania Avenue and the I-10 Freeway, in the City of Beaumont, Riverside County, California.
The Pennsylvania Grade Separation undertaking is located where Pennsylvania Avenue crosses the Union Pacific Railroad tracks. The Area of Potential Effects (APE) is the railroad right-of-way (approximately 200 feet wide) extending east and west of Pennsylvania Avenue for a total of approximately 2,500 feet.
Due to federal nexus (NEPA, with Caltrans District 8 as the Lead Agency), the survey will comply with Section 106 of the National Historic Preservation Act and in accordance with Caltrans' Environmental Handbook (Volume 2): Cultural Resources. We know that the Union Pacific Railroad is a recorded historic site in this area. All of this information is taken into account in this proposal.
Scope of Work
To comply with the requirements for the cultural resource assessment for this undertaking, CRM TECH will complete the following tasks:
1. Contact the local Caltrans office to discuss any concerns, to review any records or documents that they may have regarding the property, and to ensure that we complete the work as they require (project management).
2. Digitize the APE boundaries into our GIS mapping program and produce maps of it and the vicinity on appropriate current and historic -period maps and aerial images (and geologic maps); these will be used during the records searches, background and geomorphological research, Native American scoping, field survey, and for inclusion in the report, as appropriate [this is not the required APE map (see below)].
Tel: 909 824 6400 Fax: 909 824 6405
1S\ CAM TECH
II
3. ***Request the required historical resources records search using of the California Historical Resources Inventory and other sources of the subject property and immediate vicinity from the Eastern Information Center, University of California, Riverside; this will provide information regarding previous cultural surveys and the types of cultural resources that have been recorded in the vicinity which will help us to understand the prehistoric and historic resource context of the area (in terms of both density and types of resources) and help us develop a preliminary assessment of the cultural sensitivity of the APE.
4. Pursue general prehistorical and historical background information using archaeological, ethnographic, and historical literature as well as early maps to develop the prehistorical and historical context of the area and for information about previous land uses and development trends within and near the APE.
5. Complete a geomorphologic literature and map search to determine the prehistoric/historic landscapes of the area and possible human use of those landscapes to help assess the sensitivity of the subsurface of APE (the vertical APE) for potential significant buried cultural resources, as required by the Section 106 process.
6. Request a sacred lands file search from the Native American Heritage Commission and contact the appropriate Native American representatives (as directed by Caltrans) from the list supplied by the Commission to see if they have any knowledge of Native American resources in and around the project area or have any concerns regarding the projects; follow-up phone calls will be made to groups that do not reply in a reasonable time (this will be done according to Caltrans requirements and timeline for the undertaking).
7. As required by Section 106 and Caltrans requirements, conduct site -specific historical studies, including archival research, interviews, and consultations with local historical societies and/or other representatives of the local community concerning the APE, as necessary, to determine past land uses and owners and to explore historical associations or important historical events.
8. Conduct a field survey of the APE following professional archaeological procedures, which would include, among other standard procedures, systematically inspecting the APE and taking detailed notes and photographs to document the current conditions.
9. Field record any artifacts, features, sites or structures greater than 45 years of age; this would include, among other processes, detailed note taking, plotting the location with a handheld GPS, taking photographs of specific items or, and making scaled drawings (as appropriate).
10. Complete standard site record forms (DPR 523) on any cultural resources that merit formal recordation under guidelines set forth by the California State Office of Historic Preservation.
11. Prepare a draft Historic Property Survey Report (HPSR), a draft Archaeological Survey Report (ASR), and a draft Historic Resources Evaluation Report (HRER) according to standard Caltrans format; these reports will document the methods and findings of the procedures outlined above, identify known and potential historic properties within or adjacent to the APE, discuss their integrity and possible historical significance under criteria of the California Environmental Quality Act and/or the National Register of Historic Places, incorporate comments and recommendations from the Tribes (if any), and recommend subsequent courses of actions regarding cultural resources, as necessary.
12. Review any comments, plan and organize responses to them, and prepare another set of draft reports that incorporates the comments and suggested changes/additions.
13. Review another round of comments from the same and/or different Caltrans personnel and plan and organize responses to comments and prepare the reports accordingly.
It is understood that the necessary APE map will be prepared by Moffatt & Nichol or some other subconsultant.
Pennsylvania Grade Separation
��\ CM TECH
Additional services subsequent to the conclusion of the study, such as attendance and presentation at public hearings and written response to public comments, will be provided as needed. Additional funds may be needed if Caltrans makes additional revision requests that should have been included during the first review and/or that go beyond what would be reasonable.
Cost for the NEPA Cultural (Caltrans District 8) Study
CRM TECH will complete the tasks listed above for a cost of $10,740.00.
The price assumes that Moffatt & Nichol, or some other entity, will prepare the necessary APE map for Caltrans approval (CRM TECH can provide guidance if necessary).
This price is based on the assumption that Caltrans will not require the study to include an Indirect APE.
That is, the price is only for the cultural resource study of the Direct APE.
Additional services subsequent to the conclusion of the study, such as attendance at meetings and responding to an inordinate number of comments and revision requests, if necessary, will be billed at a flat hourly rate of $140.00 per hour.
Paleontological Study
The Client requests that we also conduct a paleontological sensitivity assessment of the APE. It is assumed that Caltrans is not going to request this study but, rather that it be conducted to satisfy the City.
To provide the requested information, CRM TECH will complete the following tasks:
1. Use the digitized project area boundary and produce maps of it and the vicinity on a geologic map for use during the paleontological research and field inspection, and for inclusion in the report.
2. Request a paleontological resources records search from the Western Science Center, Hemet.
3. Review pertinent paleontological literature and geological maps for information regarding geological formations and paleontological resources in the project area and vicinity.
4. Conduct a field survey of the project area following standard professional paleontological procedures; surface soils and current conditions, including any previous impacts will be noted and representative photographs will be taken during that time (no charge if conducted at the same time as the archaeological survey).
5. Prepare a report to document the methods and findings of Tasks 1-4, identifying any potential fossil - bearing soils (and paleontological resources) within the project area, assessing the possibility of impacting paleontological resources during project construction, and recommending subsequent courses of action for paleontological resource compliance for the project area.
Cost: Paleontological Resource Assessment
CRM TECH proposes to complete the paleontological study for a cost of $2,740.00. The cost of the paleontological study proposed here, however, is valid only if CRM TECH conducts both the archaeological and paleontological studies for this property at the same time.
Pennsylvania Grade Separation
11�CHM TECH
Total Cost: Both Technical Studies
This results in a combined cost for both the cultural resources study and the paleontological resources assessment of $13,480.00.
Reimbursable Expenses
The prices quoted here include items such as mileage, copying and printing, Information Center charges, and administrative fees. No reimbursable expenses or indirect costs will be added to our invoices.
Payment Schedule
Progress billings will be made as work proceeds. The remaining balance will be due upon completion of the reports.
Project Schedule
Start date: Immediately upon authorization to proceed.
Completion date: To be determined in agreement with the Client.
Agreement
If the Client agrees to the terms and conditions of this proposal, this document can be incorporated into the Client's standard subconsultant agreement.
Submitted by:
Michael Hogan
CRM TECH
Pennsylvania Grade Separation
,Leighton
66 a Anniversary
October 11, 2022
Moffatt & Nichol
4225 East Conant Street
Long Beach, CA 90808
Attention: Stephanie S. Oslick, AICP, ENV SP
Leighton Consulting, Inc.
A Leighton Group Company
Proposal No. RC22-444
Subject: Proposal to Perform a Phase I Initial Site Assessment (ISA)/ Environmental Site Assessment (ESA)
Pennsylvania Avenue Grade Separation Project
Beaumont, California
INTRODUCTION
Leighton Consulting, Inc. (Leighton) is pleased to submit this proposal to conduct a Phase I Initial Site Assessment (ISA) / Environmental Site Assessment (ESA) for the Pennsylvania Avenue Grade Separation Project in the City of Beaumont.
We understand that this site includes a 2,500 foot linear area within 200 feet of the Union Pacific Railroad Right of Way south of Interstate 10. We understand that there are no site access restrictions.
PROPOSED SCOPE OF PHASE I ISA/ESA
This proposed Phase 1 ISA/ESA will be performed in general accordance with current ASTM "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessments Process" E 1527-13. In addition, our services will be provided in accordance with "Standards and Practices for All Appropriate Inquiries (AAI) 40CFR Part 312." Leighton will also utilize ASTM E 2600-10 Tier 1 screening as a guide to assess vapor encroachment. More specifically, the following tasks are included in our proposed scope of services:
Records Review
A search of selected government databases will be ordered from an environmental database provider. The report will meet government records search requirements of 17781 Cowan, Irvine, CA 92614 T: 949.250.1421
www.leightongroup.com
Phase 1 ISA/ESA Proposal, Pennsylvania Avenue Grade Separation Project RC22-444 E 1527-13 (Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process). The database listings will be reviewed within the specified minimum search distances established by E 1527-13 and AAI. The lists will include:
Federal: NPL, CERCLIS, RCRA, IC/EC Registries, ERNS and State and Tribal: NPL-equivalent, CERCLIS-equivalent, landfill and/or solid waste disposal sites, leaking storage tank lists, registered storage tank lists, IC/EC control registries, voluntary cleanup sites, and brownfield sites.
We will review reasonably ascertainable historical sources of information that shows the subject site dating back to first developed use, or back to 1940, whichever is earlier.
Reviewed resources may include one or more of the following: aerial photographs, fire insurance maps, property tax files, recorded land title records. USGS 15 and/or 7.5 - minute USGS topographic maps, local street directories, building department records, zoning/land use records, and other historical sources. We will also review reasonably ascertainable available published local geologic literature to evaluate geologic setting and types of geologic formations beneath this site. Our review will include reasonably ascertainable published information for depths to groundwater, general quality of groundwater under the site, direction of ground water flow and water -bearing lithologies.
If provided to us by you or others, we will also review geotechnical and environmental reports for mention of environmental conditions at this site.
We will contact appropriate city, county, state and federal agencies who may have information regarding the occurrence of hazardous materials/waste at the site, including registered aboveground and underground storage tanks, landfills, contaminated sites, records of emergency release response reports, contaminated public wells. A street address for the subject property is typically required by the city and county agencies in order to review their file. Should it be found that files exist for the subject site, this proposal includes up to four hours for file reviews. If we find that extensive files exist for the subject site or files exist for adjacent properties, we may recommend that a review of agency files may be warranted as part of a supplemental task to this Phase! ISA/ESA for an additional fee.
If provided by the client or others (free of charge), we will review a 50 -year Chain of Title document, for names of previous owners of the site and for mention of hazardous materials/waste at the site.
ZLeighton
Phase 1 ISA/ESA Proposal, Pennsylvania Avenue Grade Separation Project RC22-444 Site Reconnaissance
We will visit the site for an observational reconnaissance to look for exposed and visible indications of environmental conditions. Where safe access is available, we will view inside and outside of onsite structures. This includes observations of the current conditions of the onsite structures, roads, potable water supply, sewage disposal system, hazardous substances and petroleum products, aboveground and underground storage tanks or vent pipes, fill pipes or access ways indicating an underground storage tank, odors, pools of liquid, sumps, drums, polychlorinated biphenyls (PCBs) containing equipment, heating and/or cooling system, stains or corrosion, pits, ponds or lagoons, stained soil or pavement, stressed vegetation, solid waste, wastewater (including clarifiers), wells and dumping. The site reconnaissance will be conducted by a qualified environmental professional as defined in ASTM E 1527-13 and AAI.
Land use of immediately adjacent properties will be visually and/or physically observed and documented and conditions indicative of hazardous materials or potential hazardous materials concerns will be documented, to the extent possible. Current site conditions will be photographed.
Interviews
A reasonable attempt will be made to interview present and/or past owners, lessees, key site manager, occupant, and employees (if they have been identified by the client, and are available and cooperative) for additional information about past and present site usage. The name, addresses, and phone numbers of the current and past owners, and/or lessees, of the subject site needs to be provided by the client. A reasonable attempt will also be made to interview local government officials for information regarding hazardous waste disposal or other environmental issues that may exist at the site.
A Phase I ISA/ESA Owner/Site Contact Interview Form (attached) should be completed by the owner and occupant of this site and returned to us. Information provided on this form :- In important part of +k 1:16'I ISA/ESA We will interview selected adjacent tenants (if they are available during our site reconnaissance and cooperative) for additional information about past and present site usage.
/.Leighton
Phase 1 ISA/ESA Proposal, Pennsylvania Avenue Grade Separation Project RC22-444 Report Preparation
Up to three hard copies and one electronic copy of our report summarizing our findings, conclusions, and recommendations will be prepared and submitted to you. The report will state data gaps due to a lack of or inability to obtain information on the site despite Leighton's good faith efforts.
Scope Exclusions and Limitations
The proposed scope does not include the following:
Subsurface exploration and/or testing of any kind,
Air, water, soil, asbestos or lead -based paint or other media sampling or analyses, Investigation for radioactivity, radon or methane gas,
Investigation for mold, mildew or other biohazards,
Handling or disposal of hazardous materials,
Consideration of possible future contamination of the site from adjacent or surrounding facilities or properties, and/or
Responses to agency comments.
An environmental site assessment cannot wholly eliminate uncertainty regarding potential for recognized environmental conditions (RECs) in connection with a property.
Performance of the Phase! ISA/ESA is intended to reduce, but not eliminate, uncertainty regarding the potential for RECs in connection with a property, and this practice recognizes reasonable limits of time and cost.
INFORMATION REQUIRED FROM CLIENT
The current ASTM E 1527-13 Phase 1 ISA/ESA standards and/or AAI require certain items to be provided by the client. Our fee is contingent upon the following:
Title and/or judicial record documents must be reviewed by the client for environmental liens or activity and use limitations. Alternatively, Leighton can order an environmental lien search at an additional cost and turnaround time.
Liens or activity and use limitations due to environmental conditions at the site must be declared to Leighton prior to Leighton conducting the site reconnaissance. ,Leighton
Phase 1 ISA/ESA Proposal, Pennsylvania Avenue Grade Separation Project RC22-444 Specialized environmental knowledge or environmental experience on the part of the client especially with regards to environmental conditions at the site must be declared to Leighton prior to Leighton conducting the site reconnaissance.
Commonly known or reasonably ascertainable information that the client may be aware of must be declared to Leighton prior to Leighton conducting the site reconnaissance.
Special price reductions from the fair market value of the property due to environmental conditions at the site must be declared to Leighton prior to Leighton conducting the site reconnaissance.
We also request you provide the following information, if available:
Owner Contact Information: Name, address and phone number of the current and past owners, and/or lessees, for this site,
Owner/Tenant Interview Form: A Phase I ISA/ESA Owner/Site Contact Interview Form completed by the following (if available and cooperative): property owner, property manager, property tenant and/or a person with knowledge of past use of the subject site,
User Questionnaire: A Phase I ISA/ESA User Questionnaire Form completed by you (the "user" of the Phase I ISA/ESA),
Prior Reports: Previous geotechnical or environmental reports for this site, Title: A 50 -Year Chain of Title document for each parcel this site encompasses, and Plans: Reproducible or electronic copies of site development plan(s) and/or topographic map with property boundaries (needed prior to the start of our reconnaissance).
Please note that confidential or private reports or drawings of the site cannot be reviewed by us and described in our report, unless they are provided by you.
SCHEDULE
Leighton will provide written updates on potential issues if/when discovered. Assuming we have unhindered access to the site for our reconnaissance, and we receive information requested in the prior section in a timely manner, then our Phase 1 ISA/ESA report will be issued within 15 to 20 business days following our receipt of written authorization to proceed. It should be noted that some regulatory agencies require up to six weeks to respond to our request for information. Therefore, information received after Leighton
Phase 1 ISA/ESA Proposal, Pennsylvania Avenue Grade Separation Project RC22-444 our report submittal, which materially changes our conclusions, will be presented to you in an addendum letter.
FEES AND TERMS
Proposed Fixed Fee
Leighton will conduct the described tasks for a fixed fee of Seven Thousand Nine Hundred Dollars ($7,900.00). If additional field or laboratory services are required, these supplemental services will be provided in accordance with Leighton's current Professional Fee Schedule. We understand that the scope and tasks for this project are not subject to either California or Federal prevailing wage laws.
Leighton will conduct a search for Environmental Liens and Activity Use and Limitations for the subject site as described in ASTM E 1527-13. According to the information provided, one parcel and one owner is associated with the subject site. If additional owners are found during the research of liens, or if the deed documentation has separate deed references (purchased at separate times) or if found to split, additional fees may be incurred that were not included as a part of this proposal.
Terms and Conditions
If our proposed scope, fee, terms and conditions are acceptable to you, please send us a contract for review and a notice to proceed.
Leighton
Phase 1 ISA/ESA Proposal, Pennsylvania Avenue Grade Separation Project RC22-444
CLOSURE
We look forward to working with you on this project. If you have questions regarding our proposal or information that would update our scope of work, please call us at your convenience at 866-LEIGHTON directly at the phone extension and/or e-mail address listed below.
Respectfully submitted,
LEIGHTON CONSULTING, INC.
Meredith Church, PG
Principal Geologist
Extension 4208, [email protected]
MDC/Ir
Attachments: Phase I ISA/ESA Owner/Site Contact Interview Form Phase I ISA/ESA User Questionnaire Form
Distribution: (1) Addressee
%/. Leighton
Leighton
Phase I ISA/ESA Owner/Site Contact Interview Form
Interviewee Name: Title:
Address: Phone:
Relationship to Property:
Name of Property Owner:
Address of Property Owner:
Site Name:
Property Address:
Previous Street Names/Numbers:
General Business Type/Present Property Use:
Property Utilization during Ownership:
Assessor Parcel #: Grant Total Square Footage:
Total # of Buildings: Date Built:
Name and Address of Past Owners (include dates of ownership):
Past Property Uses (include dates):
Source of Potable Water Supply (municipal/groundwater wells):
Sewage Disposal (municipal/septic) (provide name of utility):
Means of Heating/Cooling (gas, electric, heating oil, etc.):
Fuel Source for Heating/Air Conditioning (provide name of utility):
Neighboring Property Types (commercial/industrial/residential):
Current Uses of Adjoining Properties: North:
South:
East:
West:
Phase I ESA Owner/Site Contact Interview Form
ARE THERE NOW, OR HAVE THERE BEEN IN THE PAST, ANY OF THESE ITEMS ONSITE OR ON ADJACENT PROPERTIES:
ITEM YES NO UNK ADJACENT
PROPERTY
•
Hazardous Materials
•
Hazardous Waste ❑
❑
1 •
MSDS Sheets
_
_
❑
•
Underground Storage Tanks (USTs)
❑
•
Aboveground Storage Tanks (ASTs)
•
Vent Pipes, fill pipes, or access ways indicating
a fill pipe to an underground storage area
❑
❑
❑
❑
•
Odors
❑
Drums
n
■
•
•
Electrical or hydraulic equipment known to
contain Polychlorinated Biphenyls (PCBs)
❑
❑
❑
Stained soil or surfaces
❑
❑
_
•
•
Drains —
❑
❑
1. •
Sumps
❑
•
Clarifier
_
Pits, ponds, or lagoons
r
1 �
n
7 •
Stressed vegetation
_
L
•
Areas for dumping solid waste (landfill)
F
•
Wastewater
•
Wells (groundwater, oil, and/or gas) ❑
•
Septic Systems ❑
■
_
❑
•
Fill Material (if fill material is on site, please
state source of fill)
❑
❑
■
CLeighton
Phase I ESA Owner Site Contact Interview Form
ADDITIONAL QUESTIONS:
YES
NO 1 UNK
REMARKS
Has the Site been used as any of the following: gas station, motor repair facility, commercial printing facility, metal plating, dry cleaners, photo developing laboratory, junkyard, or landfill, or as a waste treatment, storage, disposal,
processing, or recycling facility? If so, state which type of facility.
Are you aware of any Phase I or Phase II environmental site assessments, soil sampling reports, geotechnical or geologic reports, environmental compliance audit reports,
environmental permits, registrations for USTs or ASTs,
community right -to -know plans, environmental safety plans or reports regarding hazardous waste generation for the Site? Do you know of any notices or correspondence from any
government agency relating to past or current violations of environmental laws with respect to the Site or relating to environmental liens encumbering the Site?
Do you know of any pending, threatened, or past litigation or administrative proceedings relevant to hazardous substances or petroleum products in, on or from the Site?
Do you know of any notices from any governmental entity regarding any possible violation of environmental laws or possible liability relating to hazardous substances or
petroleum products?
Do you know of any environmental concerns associated with the Site? If so please state in remarks column.
Do you know of any environmental concerns associated with any adjacent or nearby properties? If so please state in remarks column.
Additional Comments:
Preparer presents that to the best of the preparer's knowledge the above statements and facts are true and correct, and to the best of the preparer's actual knowledge no material facts have been suppressed or m isstated.
Signature
/.Leighton
Date
Leighton
mu -
Phase I ISA/ESA Users Questionnaire
Project Name:
Complete and Correct Address(es) of the Property and APN(s):
User Company Name:
User Phone/Email:
User Name/Title:
Interviewee Name and Relationship to Project:
Site Owner:
Reason Phase I is required:
Type of property:
Type of property transaction (e.g., Sale, purchase, exchange):
Any scope of services beyond the ASTM Practice E 1527:
All Parties that will rely on the Phase I report:
Name and Contact Information for Site Contact:
Any special terms or conditions:
Any other pertinent knowledge or experience with the property (e.g., prior reports, documents, correspondence concerning the environmental conditions of the property):
Phase I ESA User Questionnaire
(1). Environmental cleanup liens that are filed or recorded against the site (40 CFR 312.25).
Did a search of recorded land title records (or judicial records where appropriate identify any environmental liens filed or recorded against the property under federal, tribal, state or local law? n Yes 1 n No If Yes, Describe:
(2). Activity and land use limitations (AULs) that are in place on the site or that have been filed or recorded in a registry (40 CFR 312.26).
Did a search of recorded land title records (or judicial records where appropriate) identify any AULs, such as engineering controls, land use restrictions or institutional controls that are in place at the property and/or have been filed or recorded against the property under federal, tribal, state or local law? ❑ Yes 1 ❑ No If Yes, Describe:
(3). Specialized knowledge or experience of the person seeking to qualify for the Landowners Liability Protections (LLP) (40 CFR 312.28).
Do you have any specialized knowledge or experience related to the property or the property or nearby properties? For example, are you involved in the same line of business as the current or former occupants of the property or an adjoining property so that you would have specialized knowledge of the chemicals and processes used by this type of business? ❑Yes 1 Fl No
If Yes, Describe:
(4). Relationship of the purchase price to the fair market value of the property if it were not contaminated (40 DRF 312.29).
Does the purchase price being paid for this property reasonably reflect the fair market value of the property? ❑ Yes 1 ❑ No
If you conclude that there is a difference, have you considered whether the lower purchase price is because contamination is known or believed to be present at the property? ❑ Yes 1 ❑ No If Yes, Describe:
(5). Commonly known or reasonable ascertainable information about the property (40 CFR 312.30).
Are you aware of commonly known or reasonably ascertainable information about the property that would help the environmental professional to identify conditions indicative of releases or threatened releases? For example, as user, (a.) Do you know the past uses of the property? ❑ Yes 1 ❑ No (b.) Do you know of specific chemicals that are present or once were present at the property? ❑ Yes 1 ❑ No (c.) Do you know of spills or other chemical releases that have taken place at the property? ❑ Yes 1 ❑ No (d.) Do you know of any environmental cleanups that have taken place at the property? ❑ Yes 1 ❑ No If Yes, Describe:
(6). The degree of obviousness of the presence of likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation (40 CFR 312.31).
Based on your knowledge and experience related to the property are there any obvious indicators that point to the presence or likely presence of contamination at the property? ❑ Yes 1 ❑ No If Yes, Describe:
Signature Date Signed
7Leighton
ENTECII CONSULTING GROUP
Pr_1.1,1M: • ENV IRCW.1.11srU. • C lANTRL/CYrnm-
Scope of Work
Pennsylvania Avenue Grade Separation Project
Noise Scope of Work
DATE:
PREPARED FOR:
PREPARED BY:
October 10, 2022
Stephanie Oslick, West Coast Director of Environmental Services, Moffatt & Nichol Michelle A. Jones, Principal Entech Consulting Group
Purpose and Objective
The City of Beaumont proposes to widen Pennsylvania Avenue in the central part of the city along the 1-10 corridor from its existing two-lane configuration to four lanes, to accommodate projected growth and current congestion. The portion of Pennsylvania Avenue to be widened is a 2,700 -foot - long segment (0.51 miles) from Mile Post 562.64 to 563.50. In addition, there will also be an approximate 2,500 -foot shoofly that will be constructed within the Union Pacific Right of Way. The project is required to undergo NEPA/Categorical Exclusion documentation. Therefore, a Noise Study Report (NSR) is required that meets Caltrans requirements, as Caltrans is the Lead Agency for the project. The NSR will summarize the noise analysis results following updated established protocols and guidelines outlined in the Caltrans Local Assistance Procedures Manual, the Caltrans Noise Protocol (April 2020), and the Caltrans TeNS Manual (September 2013).
Scope of Work
Task 1: Project Coordination Caltrans District 8 Noise Staff Entech Consulting Group will work with Moffat Nichol to obtain concurrence from Caltrans District 8 Oversight staff, the City of Beaumont on model inputs, assumptions, applicable regulatory requirements to evaluate noise impacts, and methodology used for the noise analysis. A noise workplan will be developed to communicate the parameters of the noise study for agency approval.
Changes that occur after the approval of the noise study workplan and/or increase the scope of work outlined in this proposal will be considered out of scope and additional budget will be requested to cover changes.
Task 2: Conduct On -Site Monitoring of Sensitive Receptors A reconnaissance of the area project area will be conducted to determine existing land use activities, developed lands, and undeveloped lands for which development is planned, designed, and programmed, which may be affected by noise from the project. A listing of sensitive receptors and associated noise measurement sites will be provided. The selection of sensitive receptors and noise measurement sites will follow the Caltrans TeNS document's guidance. A review of land development projects in the area will be conducted to determine if these areas have been approved and whether noise abatement will need to be considered as part of this project. One (1) long-term measurement and up to three (3) short-term measurements will be taken to characterize the existing environment and to assist with model calibration.
Task 3: Predictive Noise Modeling
Noise modeling will be conducted to predict current, future no -build, and one (1) build alternative noise levels using the appropriate noise predictive model TNM 2.5. Prediction is based on inputs Pennsylvannia Avenue Grade Separation October 2022
Page I 1
ENTECH CONSULTING GROUP
Ptn.Vtitvc: • EN r/RONAIENTII, • C'0.58TRUCT,aV At, v,ctncav, such as projected traffic volume (average daily traffic), traffic mix (percentage of truck traffic), topography, and distance of the project from the receptors. The design year's peak hour noise for the proposed project will be modeled at selected noise -sensitive receptors based on forecast traffic volumes. Modeling must be adequate to accurately predict the noise levels at each of the receptors, assess the number of properties within 500 feet of the project that are impacted or will be impacted, and determine the increase in traffic noise. Predicted noise impacts for the future build alternatives will be compared to the future no -build alternative to determine if a noise impact will occur. If a noise impact occurs, noise abatement will be considered.
Task 4: Noise Abatement Evaluation
In accordance with FHWA and Caltrans requirements, noise abatement measures will be considered at locations along the alignment where traffic noise impacts are predicted, if necessary. If traffic noise impacts are predicted at the sensitive receptors, noise abatement measures must be evaluated at these locations. Noise abatement is only considered where frequent human use occurs, and a lowered noise level would be of benefit. A feasible and reasonable analysis will be performed at sensitive receptor locations where a traffic noise impact was predicted. Noise abatement will be evaluated at impacted sensitive receptor locations by varying wall heights until a 5dBA reduction in the future noise level is achieved. Other considerations such as topography, access requirements, other noise sources, and safety considerations will be included as part of the feasible review. Those sensitive receptors that are determined to be feasible will undergo a reasonableness review. During the reasonableness review, the Caltrans design goal of 7 dB will be used to if a recommended barrier can meet at least a 7 dB or noise reduction at one or more of the benefited receptors and meet the requirements of a cost -benefit analysis.
Task 5: Development of the NSR
Entech will prepare a NSR based on the Caltrans annotated outline dated April 2015. The NSR shall be prepared in accordance with Caltrans and FHWA requirements to support the CEQA/NEPA environmental documentation. The NSR shall consider impacts to frequent outdoor use areas, as defined by FHWA.
A Draft Technical Noise report would be developed and circulated to the project team internally electronically for review and comment. The comments from the project team would be incorporated and incorporated into a Draft NSR and would be developed and circulated to Caltrans and the City of Beaumont. It is assumed that Caltrans will review the technical noise report for a completeness review within 5 days of submittal. After the completeness review, Caltrans and the City of Beaumont will provide comments to the project team. Comments received from Caltrans and the City of Beaumont will be reviewed and incorporated and a final version of the NSR will be developed and circulated for Caltrans approval.
Assumptions
Moffatt & Nichol will provide traffic data and design files for the project alternatives.
Moffatt & Nichol will provide mapping of land use zoning info for affected parcels.
Moffatt & Nichol will develop report figures that meet Caltrans mapping requirements for the NSR report.
Moffatt & Nichol will provide MicroStation overlay files using Entech's TNM coordinates to delineate receiver locations, roadway information and other modeling input data (see example).
Pennsylvannia Avenue Grade Separation October 2022
ENTECH CONSULTING GROUP
PLANNING • E.V171Z Y.4I:'%ttt • CONNTR '(iIO;V MINAGea1/flVT This scope is limited to one internal team review and one round of response to comments from Caltrans District 8 and the City of Beaumont.
Pennsylvannia Avenue Grade Separation October 2022
ENTECH CONSULTING GROUP
/'cas: INC: • EVY/ft(AVM1L!AR:4/. - C'O:'S%RUCIVCIN Aig.v jor_n,rxr Budget
Staff Name
Staff Noise
Analyst
Noise
Analyst
Principal
Total
Hourly Billing Rate
$92.38
$150.00
$200.19
Task 1: Coordination with Caltrans District 8 Noise
Staff-Workplan Development
0 0
12 $2,402.28
Task 2: Conduct On -Site Monitoring of Sensitive
Receptors
24 0
0 $2,217.12
Task 3: Predictive Noise Modeling
0 24
0 $3,600.00
Task 4: Noise abatement evaluation
0 8
0 $1,200.00
Task 5: Development of the Draft and Final NSR
response to comments
0 0
30 $6,005.70
Subtotal Costs
24 32
42 $15,425.10
Other Direct Costs
Sound Level Meter Rental
$750/meter
2 $1,500
Travel -mileage
$100
Total Costs
$17,025.10
Pennsylvannia Avenue Grade Separation October 2022
ENTECH CONSULTIN G G ROUP
Pf .:INN/NC • ENVIRONA01r¢ • C'O.NNT RUUT,Uh' A'l LV IGEAJ/CV,- Example Mapping
66Z I. 40 £9Z I- abed
r
LE C ENO
* REX - RECEIVER SITE
* CAL - CALIBRATION SITE
+ LT - LCNC-TERM M EASUREMENT
• ST - SMOR -TERM MEA SUREMENT
.tis+.. 4,11. ..j "{
fir r�'
\ '•
a, NOR DS TROM
A
SFR OR S - SINGLE FAM ILY RESIDENCE
MFR OR M-MUiTIFAESLY RESIDENCE
COMM OR C - COMMERCIAL
b • - BENEFITED RESIDENC E
7 J
J,C PENNY
rt
-
BARNES
NOBLES
+.� —• _ tom
--_— - EXISTING PROPERTY WALL
• EXISTING SOUNDW ALL
•�--� - PROPOSED SOUNCWALL
KIND SSOUNDWR i
Page I.
COSTCO
}rY z ,
�lhT.
1N 'w
X7 ,x
IIn 120011
N M�
on UN MA 9Wn
R;
PARSONS
COMM
0 i 5
w
I-10 CORRIDOR ALTERNATIVE 3
NOISE RECEIVER & BARRIER LOCATIONS
JUNE 12 . NM
FIGUnC S
umont
FOURTH AMENDMENT TO AGREEMENT FOR INDEPENDENT CONTRACTOR
THIS FOURTH AMENDMENT TO AGREEMENT OF SERVICES BY INDEPENDENT CONTRACTOR ("Amendment") is made and effective as of the 5th day of December 2023 by and between the CITY OF BEAUMONT ("CITY"), a general law city, and MOFFATT & NICHOL, a California Corporation (hereinafter called "CONTRACTOR") in consideration of the mutual promises and purpose contained herein, the parties agree as follow:
RECITALS
This Amendment is made with respect to the following facts and purpose that the parties agree are true and correct:
A. On December 19, 2017, CITY and CONTRACTOR entered into that certain agreement entitled "Agreement for Professional Service by Independent Contractor ("Agreement") for ENVIRONMENTAL DOCUMENTATION SERVICES FOR THE
PENNSYLVANIA AVENUE INTERCHANGE IMPROVEMENT PROJECT,
PENNSYLVANIA AVENUE WIDENING PROJECT AND THE PENNSYLVANIA AVENUE GRADE SEPARATION PROJECT.
B. On January 2, 2019, the City and Contractor entered into the "First Amendment to Agreement for Professional Services" to extend the term of contract and increase the scope of services.
C. On February 2, 2021, the City and Contractor entered into the "Second Amendment to Agreement for Professional Services" to extend the term of contract and increase the scope of services.
D. On November 15, 2022, the City and Contractor entered into the "Third Amendment to Agreement for Professional Services" to extend the term of contract and increase the scope of services.
E. Contractor has provided a Letter of Extension dated November 13, 2023, to extend the term of the Agreement a final time and add the scope of sewer relocation work, and close out the tasks of Pennsylvania Avenue Interchange Project and Pennsylvania Avenue Widening Project.
AMENDMENT
Section 1. Term of Agreement in accordance with Section 1 of the Agreement, the parties agree to extend the term of the Agreement by one (1) year. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate December 19, 2024, unless earlier terminated by the parties in accordance with the Agreement. The Agreement is hereby amended as follows: CONTRACTOR agrees to provide the services ("Services") as follows: ENVIRONMENTAL DOCUMENTATION SERVICES ("Services") per revised Exhibit "A" dated November 13, 2023, and any other services which the City may request in writing. All Services shall be performed in the manner and
according to the timeframe set forth in the Proposal. CONTRACTOR designates Stephanie Oslick as CONTRACTOR's professional responsible for overseeing the Services provided by CONTRACTOR.
The recitals to this Amendment are deemed incorporated herein by this reference. All other terms of the Agreement not expressly amended by this Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to be effective as of the day and year first above -written.
CITY:
CITY OF BEAUMONT
By:
David Fenn, Mayor
ATTEST:
By:
Ni le Wheelwright, De . u City Clerk
CONTRACTOR:
Moffatt & Nichol
By:
Print Name: Malgorzata S Nichol
Title:
Vice President
EXHIBIT "A"
PROPOSAL
4225 E. Conant Street
Long Beach, CA 90808
(562) 590-6500
www.moffattnichol.com
November 13, 2023
Mr. Dustin Christensen
City of Beaumont Principal Engineer
550 E. 6th Street
Beaumont, CA 92223
Subject: Pennsylvania Avenue Grade Separation Project - Amendment Request #4 for Inclusion of Sewer Relocation and Update From Caltrans Local Assistance to Caltrans Oversight Process
Dear Mr. Christensen:
Moffatt and Nichol (M&N) is pleased to provide the City of Beaumont with continued assistance on the Pennsylvania Avenue Grade Separation Project. This amendment request is to our existing contract dated December 19, 2017 to provide "Environmental Documentation Services for Pennsylvania Avenue Interchange Improvement Project, Pennsylvania Avenue Widening Project and the Pennsylvania Avenue Grade Separation Project." Specifically, this Amendment #4 request is to (1) extend the contract beyond December 19, 2023 for one additional year to December 19, 2024, (2) add in the sewer relocation work to move the City sewer from under Pennsylvania Avenue to Massachusetts Avenue, and (3) update the scope of work for the Pennsylvania Avenue Grade Separation Project to be consistent with the Caltrans oversight (not Local Assistance) project development process.
Further, no additional work will be performed on the Pennsylvania Avenue Interchange Improvement Project or the Pennsylvania Avenue Widening Project — both of these projects will be closed -out and remaining funds will be unencumbered as follows:
• Pennsylvania Interchange ($105,210.78 remaining)
• Pennsylvania Widening ($317.90 remaining)
Amendment #1 dated January 2, 2019 was approved for (1) extending the contract to December 19, 2020 (term of agreement) to December 19, 2023, and (2) providing Regulatory and Multiple Species Habitat Conservation Plan (MSHCP) services specifically for the Pennsylvania Avenue Widening Project (additional services and compensation). Amendment #1 services were not included in the original 2017 contract because the original contract was only for services during the environmental document phase (technical studies and the environmental document), and these regulatory services are completed during final design, which is the project phase after the environmental document phase.
Amendment #2 dated February 2, 2021 was approved for (1) extend the contract beyond December 19, 2020, and (2) provide continued California Environmental Quality Act (CEQA) services for the Pennsylvania Avenue Widening Project (Widening Project) due to project h„g moffatt & nichol
1 Creative People, Practical Solutions.®
City of Beaumont
trade Separation Project Amendment Request #4 (Sewer Relocation and Caltrans Oversight) description changes, changes to the CEQA Environmental Checklist, revision to USACE regulations on Waters of the United States definition, and new SB743 legislation (requirement to analyze vehicles miles travelled) that occurred in June -July 2020 after production of the environmental documentation had already commenced. Since 2019 and in June -July 2020, the Widening Project has undergone design changes from the original 95% Plan Set, regulatory changes (SB743 implementation and USACE jurisdiction definition), and changes in CEQA that require additional effort to complete the tasks. Design changes include removing the sidewalk from the east side of Pennsylvania Avenue, incorporating new structural Best Management Practices (BMP)s and a revised project footprint. These project description changes will require additional effort to update the supportive technical analysis/studies already completed and update environmental resource analyses in the IS/MND.
Amendment #3 dated November 15, 2022 was approved for (1) extend the contract one year to December 19, 2023, and (2) provide National Environmental Policy Act (NEPA) services for the Pennsylvania Avenue Grade Separation Project (Grade Sep Project) due to the City obtaining federal funds by FHWA to help build the Grade Sep Project. At the time of the original contract, it was not anticipated that compliance with NEPA would be required.
In Summer 2022, the City decided to procure federal funds from FHWA to help build the Grade Sep project. Since there will now be a federal nexus, the Grade Sep project is federalized, and NEPA compliance is required. Per NEPA Assignment, Caltrans acts on behalf of FHWA, and therefore the NEPA document and technical studies need to comply with Caltrans processes and templates (as applicable). At the time of Amendment #3, it was anticipated that the project would go through the Local Assistance Process, where a Preliminary Environmental Study (PES) would be required. The PES document identifies the type and level of any required technical studies and the type of NEPA environmental document (anticipated to be a NEPA Categorical Exclusion). The following technical studies may also be required:
• Part of the project is located with the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP) and possible waters of the US/State. To be prepared by Noreas, Inc.
• The Union Pacific Railroad is a recorded historic site in the area, and excavation is anticipated for this project. The project will need to comply with Section 106 of the National Historic Preservation Act. To be prepared by CRM Tech. • The project is located within City and Union Pacific right-of-way, a Phase I Initial Site Assessment (to determine any hazardous materials within the project site) will likely be needed. To be prepared by Leighton Consulting, Inc.
• The project will have a vertical change to the Pennsylvania Avenue alignment, a Noise Study Report (NSR) will likely be needed. To be prepared by Entech Consulting Group. • A paleontological sensitivity assessment may be needed for this project. To be prepared by CRM Tech.
h/hig moffatt & nichol
2 Creative People, Practical Solutions.®
City of Beaumont
is Ave. Grade Separation Project Amendment Request #4 (Sewer Relocation and Caltrans Oversight) M&N respectfully requests a time extension (to complete this work not to exceed December 19, 2024) to incorporate the sewer relocation and follow the Caltrans oversight process. No additional fees are being requested; however, some of the existing fees may be shifted from previous tasks to account for different work tasks associated with this Amendment (and Caltrans requirements). The tasks, assumptions, and exclusions are included in Attachment A Scope of Work.
If you have any questions or require additional information, please contact me at 562-317-3491.
We look forward to working with you.
Sincerely,
MOFFATT & NICHOL
Stephanie S. Oslick, AICP, ENV SP
Project Manager
Encl: Attachment A: Scope of Work
h/i, moffatt & nichol
3 Creative People, Practical Solutions.®
City of Beaumont
Pennsylvania Ave. Grade Separation Project Amendment Request #4 (Sewer Relocation and Caltrans Oversight) Attachment A
(Scope of Work and Fee)
TASK 1— PROJECT DESCRIPTION
M&N will prepare the project description for inclusion in the technical studies and the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) environmental documents.
Scope of work:
• Coordinate with Project Engineer for updated Plan Set and CAD Files.
Deliverable:
• Draft and Final Project Description
TASK 2 — CEQA ENVIRONMENTAL DOCUMENT
M&N will prepare the CEQA environmental document (assumed to be a Categorical Exemption with Caltrans acting as the CEQA Lead Agency), consistent with the Project Description described under Task 1 above.
Scope of work:
• Prepare Draft and Final CEQA Categorical Exemption for City and Caltrans review (and Caltrans approval)
Deliverables:
• Prepare Draft and Final CEQA Categorical Exemption
TASK 3 — NEPA ENVIRONMENTAL DOCUMENT
M&N will prepare the NEPA environmental document (assumed to be a Categorical Exclusion with Caltrans acting as the NEPA Lead Agency), consistent with the Project Description described under Task 1 above.
Scope of work:
• Prepare Draft and Final NEPA Categorical Exclusion for City and Caltrans review (and Caltrans approval)
Deliverables:
• Prepare Draft and Final NEPA Categorical Exclusion
w, moffatt & nichol
4 Creative People, Practical Solutions.®
City of Beaumont
Pennsylvania Ave. Grade Separation Project Amendment Request #4 (Sewer Relocation and Caltrans Oversight) TASK 4 — ENVIRONMENTAL TECHNICAL STUDIES
M&N will coordinate with the technical specialists to provide the Project Description, Environmental Project Footprint and respond to requests for information needed to prepare environmental technical studies. M&N oversight will include quality control for adequacy of analysis and findings consistent with CEQA and NEPA.
Scope of work:
• Coordinate with specialists to prepare required environmental technical studies. Studies include the following: Biological Resources, Cultural Resources, Hazardous Materials, Noise and Paleontology.
• Oversee and Quality Control of environmental technical studies. • Coordinate with City as needed regarding findings of the technical analyses.
Deliverable:
• Draft and Final Environmental Technical Studies for review/approval by City and Caltrans.
TASK 5 — REGULATORY PERMITTING
If needed, M&N will prepare regulatory permitting applications to impacts to wetlands or Waters of the US/Waters of the State from the US Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and/or California Department of Fish and Wildlife (CDFW).
Scope of work:
• Coordinate with applicable regulatory agencies and submit permit applications.
Deliverable:
• Regulatory agency permit applications (assuming USACE Nationwide Permit, RWQCB 401 Certification, and CDFW 1600).
TASK 6 — PROJECT MANAGEMENT
M&N will manage the environmental document, coordination with subconsultants, billing, invoicing and contract between the City and M&N's subconsultants.
Deliverable:
• No specific deliverable for this Task.
FEE
Existing budgetary authority will be used to complete tasks associated with Amendment #4, and no additional fees are being requested. Please note that some individual tasks may be more/less than what was previously identified, due to compliance with the Caltrans oversight process. 11l®, moffatt & nichol
5 Creative People, Practical Solutions.®
City of Beaumont
Pennsylvania Ave. Grade Separation Project Amendment Request #4 (Sewer Relocation and Caltrans Oversight) Assumptions and Exclusions:
1. The Project will require Caltrans review and approval of the Environmental Document and Technical Studies. Caltrans is the CEQA and NEPA Lead Agency.
2. No additional project description changes will occur as of the 65% plans provided to M&N.
Project description changes may require a revised scope of work.
3. This scope of work is valid for 90 days. Any delays beyond M&N's control may require a revised scope of work.
4. The scope of work assumes no significant environmental impacts as defined by CEQA and/or NEPA, which would require a higher -level environmental document to be prepared (e.g., CEQA Initial Study/Mitigated Negative Declaration, CEQA Environmental Impact Report, NEPA Environmental Assessment, or NEPA Environmental Impact Statement).
5. It is assumed that no federal and/or state sensitive species (e.g., threatened or endangered species) will be present within the project study area.
6. If regulatory permitting is needed, any permitting application fees will be paid by the City.
moffatt & nichol
6 Creative People, Practical Solutions.®
BEAUMONTA C A L I F O R N I
California Levine Act Statement
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Beaumont City Council Member from participating in any action related to a contract or application if he or she receives any political contributions totaling more than $250 within the previous twelve months, and for three months following the date a final decision from the business or applicant.
The Levine Act also requires a member of the Beaumont City Council who has received such a contribution to disclose the contribution on the record of the proceeding.
Current Beaumont City Council Members are listed at:
https://www.beaumontca.gov/29/City-Council
Proposers are responsible for accessing this link to review the names prior to answering the following questions.
1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any Beaumont City Council Member in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action?
YES If yes, please identify the Council Member(s):
X NO
2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contribution of more than $250 to any Beaumont City Council Member in the 12 months following any Council action related to your proposal or application? YES If yes, please identify the Council Member(s):
X NO
Answering yes to either of the two questions above does not preclude the Beaumont City Council from awarding a contract or approving an application or any subsequent action. It does however, preclude the identified Council Member(s) from participating in any actions related to your proposal or application.
9/13/2024
u_geo6 .2)-i-L.
Date Signature of authorized individual
Moffatt & Nichol/Weixia Jin
Company/Applicant Name
City of Beaumont 1 550 E. 6th Street, Beaumont, CA 92223 1 (951) 769-8520 1 BeaumontCA.gov
BAUME ONTA -C A L I F O R N I
Staff Report
TO: City Council
FROM: Robert Vestal, Public Works Director
DATE: October 1, 2024
SUBJECT: Intent to Vacate a Portion of Euclid Avenue and a Portion of Third Street Description A Resolution of the City of Beaumont declaring its intention to vacate a portion of Euclid Avenue between Third Street and 560 feet south of Third Street and a portion of Third Street between Euclid Avenue and 300 feet east of Euclid Avenue.
Background and Analysis:
On October 26, 2022, Planning Commission approved Plot Plan PP2022-0458 (Project) for the construction and operation of an outdoor storage yard with a 400 square foot office trailer and three (3) storage sheds with one (1) at 2,400 square feet and two (2) at 3,000 square feet on a 3.40 -acre parcel located on the southeast corner of Euclid Avenue and Third Street in the Community Commercial (CC) Zone (APN: 418-210-019).
Euclid Avenue and Third Street are designated as Local Street (60' ROW). The conditions of approval for the Project require the Project to verify that the appropriate right-of-way exists to achieve the required 30 -feet half -width ROW per the General Plan.
Furthermore, the conditions of approval for the Project require the Project to accommodate a cul-de-sac at Third Street along the easterly terminus of the project.
To conform to the Local Street and cul-de-sac standards, the Project proposes portions of the existing right-of-way to be vacated. This requires two actions: dedication of the right-of-way and subsequently vacating unnecessary right-of-way.
EUCLID AVENUE
C
I
i
UEE PAGE 2 I I
T.P.D. B.
6 THIRD STREET
(N 89°43'42 324.96")
C+9
S 89°43'42" W 145.33' - _ C1
L6a
(s. 7¢41' h
7,35
RS 15889 RIV_ CO. PARCEL'A'
5,737 SQ_ FT.
5 4 3 I
POR. BLOCK 144
MB 6/16&17 ,8. 0.
i I
Figure 1— Third Street Portion to Vacate
T_P.O.B
L
1 �L9
w
Fin
THIRD STREET
N 89°43'42' E
- SEE PAGE 1
1 6 5 1 4 I 3 I 2
I
I
PARCEL 'B' I
—5,190 SQ_ FT: — — — -
- — — — — — 7 n — —
8 I I 7
RS 158/89 RiV. Co.- —
10 —FOR. BLOCK 144
12 11
--MR 16&17 S.[3.CC.-
14 I I 13
I I ---
I I
16 I i 15
J L_ ----
SECOND STREET
(VACATED)
10 Figure 2 — Euclid Avenue Portion to Vacate
BEAUMONT AVENUE (HWY 79)
2 BEAUMONT AVENUE (HWY 79)
Vacation of a Portion of Euclid Avenue and a Portion of Third Street Before the City Council approves the vacation of a portion of Euclid Avenue and a portion of Third Street, it must comply with all the provisions of the California Streets and Highway Code (SHC) applicable for General Vacations. Section 8320 of the SHC allows for the City Council to initiate a street vacation proceeding by causing the City Clerk to set a hearing date for the proposed street vacation. Section 8320 requires the City Council to cause the City Clerk to set the date, hour, and place of the street vacation hearing. Section 8320 also requires specific notices be published by the legislative body before the street vacation hearing date. Prior to the public hearing, City staff will cause the publishing and posting of the notices required by the SHC.
Section 8320(2) of the SHC requires the City to publish the Notice of Hearing for the proposed street vacation at least fifteen days (15) before the hearing date. Section 8322(a) requires the legislative body to publish the Notice of Hearing for the proposed street vacation in a daily, semi-weekly, or weekly newspaper published and circulated in the city. City staff will publish all such notices.
Section 8323 of the SHC regulation requires the legislative body to post notices of street vacation along the line of the street at least two weeks before the public hearing. The notices shall be posted not more than 300 feet apart, but at least three (3) notices shall be posted. City staff will cause the posting of all such notices prior to the public hearing.
At the hearing of the proposed street vacation, proposed to be held at the regular meeting of the City Council on October 15, 2024, Section 8324 requires the legislative body to hear evidence by persons interested in the proposed street vacation. Section 8324 allows the legislative body to adopt a resolution to vacate the proposed street, if the City Council finds, from all the evidence submitted, that the street described in the notice of hearing is unnecessary for present or prospective public use.
In conjunction with adopting a resolution to vacate the proposed street, Section 8341 requires that the resolution to vacate the street include a recital for the reservation of existing easements such as existing utility easements and existing emergency access easements, if required by the public agency. For this street vacation, City staff has determined that existing public utility easements shall be reserved as provided in the attached Resolution.
Staff has reviewed the California SHC provisions that a legislative body must follow when processing a street vacation. City staff will adhere to all of the regulations established by the SHC by initiating a proceeding for the proposed street vacation, scheduling a hearing date for the proposed street vacation, and by publishing the required notice of hearing in the local newspaper and posting the same. City staff
recommends City Council adopt a Notice of Intent for the proposed street vacation of a portion of Euclid Avenue between Third Street and 560 feet south Third Street and a portion of Third Street between Euclid Avenue and 300 feet east Euclid Avenue for the date of the public hearing scheduled on October 15, 2024, under the SHC.
Fiscal Impact:
The cost to prepare this staff report is estimated to be $1,500. There is no fiscal impact associated with the recommended action.
Recommended Action:
Waive the full reading and adopt by title only, "A Resolution of The City of Beaumont Declaring its Intention to Vacate a Portion of Euclid Avenue between Third Street and 560 feet south Third Street and a Portion of Third Street between Euclid Avenue and 300 feet east Euclid Avenue".
Attachments:
A. Notice of Vacation Resolution
B. Vacation Plat and Legal
C. Draft Euclid Ave and 3rd St Vacation Resolution
D. SHC General Vacation references
RESOLUTION NO.
A RESOLUTION OF THE CITY OF BEAUMONT DECLARING ITS INTENTION TO VACATE A PORTION OF EUCLID AVENUE BETWEEN E THIRD STREET AND 560
FEET SOUTH E THIRD STREET AND A PORTION OF E THIRD STREET BETWEEN EUCLID AVENUE AND 300 FEET EAST EUCLID AVENUE
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Beaumont, State of California, as follows:
SECTION 1. That the Council hereby elects to proceed under Section 8300, et seq., of the Streets and Highways Code, also known as the Public Streets, Highways and Service Easements Vacation Law.
SECTION 2. That The City Council hereby declares its intention to vacate a portion of Euclid Avenue between E Third Street and 560 feet south E Third Street and a portion of E Third Street between Euclid Ave and 300 feet east Euclid Avenue, as shown on the plat and legal description, on file in the Office of the City Clerk, a legal description of which is attached hereto, as Exhibit "A" and by this reference made a part thereof.
SECTION 3. That the City Council hereby fixes the 5th of November, at 6:00 P.M., in the City Council Chambers, located at 550 E. Sixth Street, Beaumont, California, which date is more than fifteen days after the adoption of this resolution, as time and place for hearing all persons objecting to the proposed vacation for the purpose of determining whether said street, highway or public service easement is necessary for present or prospective public use.
SECTION 4. That the City shall cause notices to be posted conspicuously along the line of the street or part thereof proposed to be vacated at least two weeks before the hearing, not more than three hundred feet apart and not less than three signs shall be posted, each of which shall have a copy of this resolution on them, and shall have the following title in lettering not less than one inch in height: "NOTICE OF HEARING TO VACATE STREET."
SECTION 5. The subject vacation shall be subject to the easements, rights, reservations and exceptions for existing private and public utilities.
SECTION 6. The City Clerk shall cause this resolution to be published twice for two successive weeks in a newspaper published in the City before the date set for the hearing.
SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in full force.
MOVED, PASSED AND ADOPTED this 1st day of October of 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
By:
David Fenn, Mayor, City of Beaumont
ATTEST:
Elaine Morgan
CITY CLERK
By:
EXHIBIT "A'
(attach legal description and plat)
Recording Requested By:
City of Beaumont
When Recorded Mail To:
City of Beaumont Planning Dept.
550 E. Sixth Street
Beaumont, CA 92223
NOTICE OF STREET VACATION NO. 2023-SV-002
RECORDED OWNER(S)
Pierce Hardy Limited Partnership,
AFFECTED ASSESSOR PARCEL NUMBER(S)
418-210-019
LEGAL DESCRIPTION OF ADJUSTED PARCEL
SEE EXHIBIT "A" AND EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SIGNATURE OF RECORD OWNER(S) (MUST BE NOTARIZED)
DEPARTMENT USE OLNY
Print Name
Signature
Title : (4 y if appli.. ble) Awl
Date: II1ItG
Illl
L . L
MAIL TAX STATEMENTS TO:
Pierce Hardy Limited Partnership
1019 Route 519
Eighty Four, PA 15330
VicZ, Restdc t -
This Notice of Street Vacation No. 2023-SV-002 is approved By: Jay S. Fahrion, P.L.S. No. 8207
Title: City Surveyor, City of Beaumont
Signed:
4/a
SURVEY DEPARTMENT APPROVAL
Date:
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On 'l . ate before me, �i rte, 1,.7/ ; r
(l re insert name and title of the%officer)
personally appeared
i r► -_/ --- - - - �_
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged _to me that executed the same in (his/ er/#h-etr authorized capacity(ies), and that by hi er eir signature(- on the instrument the person(s)-, or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
MARY J. BURNS
Notary Public - California
=1 Riverside County
° Commission # 2378529
�:t o•"'� My Comm. Expires Nov 11, 2025
(Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of Cali#srnia i?
County of ,\J Qbin\,n
on =JU.‘At 15, x©0_ 3 before me, 1014 QtrQ �� _ ;4�� 6 lE�r-r (i
nsert name and itle of the officer)
personally appeared—kh(Lvt L—• eyor\P• V ?.
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature`
(Seal)
Commonwealth of Pennsylvania - Notary Seal
Tamara R. DeMarino, Notary Public
Washington County
My commission expires November 3, 2026
Commission number 1225445
Member, Pennsylvania Association of Notaries
EXHIBIT "A" - LEGAL DESCRIPTION
STREET RIGHT-OF-WAY VACATION No. 2023-SV-002
PARCEL 'A'
IN THE CITY OF BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT
PORTION OF THE SOUTH HALF OF THIRD STREET, AND ALL THAT CERTAIN PORTION OF BLOCK 144 OF THE AMENDED MAP FOR THE TOWN OF BEAUMONT AS SHOWN BY MAP ON FILE IN BOOK 6, PAGES 16 AND 17 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, LYING WITHIN SECTION 10, TOWNSHIP 3 SOUTH, RANGE 1 WEST OF THE SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE CENTERLINE INTERSECTION OF THIRD STREET AND EUCLID AVENUE AS SHOWN BY RECORD OF SURVEY FILED IN BOOK 158, PAGE 89 OF RECORDS OF SURVEY;
THENCE NORTH 89°43'42" EAST ALONG THE CENTERLINE OF SAID THIRD STREET, 45.00 FEET;
THENCE SOUTH 00°16'18" EAST, PERPENDICULAR TO SAID CENTERLINE, 30.00 FEET TO A PARALLEL LINE, 30.00 FEET SOUTH OF SAID CENTERLINE OF THIRD STREET AND THE TRUE POINT OF BEGINNING;
THENCE SOUTH 44°43'43" WEST, 14.14 FEET TO A POINT ON THE WESTERLY
PROLONGATION OF THE SOUTH LINE OF SAID THIRD STREET, SAID SOUTH LINE BEING PARALLEL WITH AND 40.00 FEET SOUTH OF SAID CENTERLINE OF THIRD STREET, AS SHOWN ON SAID RECORD OF SURVEY;
THENCE NORTH 89°43'42" EAST ALONG SAID PARALLEL LINE, 91.44 FEET TO THE WESTERLY CORNER OF PARCEL 6643-1.3 PER GRANT DEED TO THE STATE OF CALIFORNIA RECORDED JUNE 13, 1989 AS INSTRUMENT NUMBER 193499 OF OFFICIAL RECORDS OF SAID COUNTY;
THENCE CONTINUING ALONG SAID LAND GRANTED TO THE STATE OF CALIFORNIA THE FOLLOWING TWO (2) COURSES AS SHOWN BY SAID RECORD OF SURVEY; SOUTH 77°26'27" EAST, 135.09 FEET
NORTH 89°43'42" EAST, 66.83 FEET TO AN ANGLE POINT ON THE BOUNDARY OF
SAID LAND GRANTED TO THE STATE OF CALIFORNIA, SAID POINT BEING ON THE WEST LINE OF BEAUMONT AVENUE (STATE HIGHWAY 79) AS SHOWN ON SAID RECORD OF SURVEY;
PAGE 1 OF 4 PAGES
EXHIBIT "A" - LEGAL DESCRIPTION
STREET RIGHT-OF-WAY VACATION No. 2023-SV-002
PARCEL 'A' (CONTINUED)
THENCE NORTH 00°17'23" WEST ALONG SAID WEST LINE, 70.00 FEET TO SAID
CENTERLINE OF THIRD STREET, BEING ALSO A POINT ON A NON -TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 48.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 89°43'42" EAST;
THENCE SOUTHWESTERLY ALONG SAID NON -TANGENT CURVE, AN ARC LENGTH OF
87.97 FEET THROUGH A CENTRAL ANGLE OF 105°00'34" TO THE BEGINNING OF A TANGENT LINE;
THENCE NORTH 75°15'44" WEST, 50.01 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 100.00 FEET;
THENCE WESTERLY ALONG SAID TANGENT CURVE, AN ARC LENGTH OF 26.20 FEET THROUGH A CENTRAL ANGLE OF 15°00'33" TO A LINE PARALLEL WITH AND 30.00 FEET
SOUTH OF (AS MEASURED AT RIGHT ANGLES) SAID CENTERLINE OF THIRD STREET, THENCE SOUTH 89°43'42" WEST ALONG SAID PARALLEL LINE,
145.33 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 5,737 SQUARE FEET, MORE OR LESS.
SUBJECT TO ALL COVENANTS, RESERVATIONS, RIGHTS, RIGHT-OFWAYS AND EASEMENTS OF RECORD, IF ANY.
SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCED MADE A PART HEREOF.
PAGE 2 OF 4 PAGES
EXHIBIT "A" - LEGAL DESCRIPTION
STREET RIGHT-OF-WAY VACATION No. 2023-SV-002
PARCEL 'B'
IN THE CITY OF BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT
PORTION OF THE EAST HALF OF EUCLID AVENUE, AND ALL THAT CERTAIN PORTION OF BLOCK 144 OF THE AMENDED MAP FOR THE TOWN OF BEAUMONT AS SHOWN BY MAP ON FILE IN BOOK 6, PAGES 16 AND 17 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, LYING WITHIN SECTION 10, TOWNSHIP 3 SOUTH, RANGE 1 WEST OF THE SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE CENTERLINE INTERSECTION OF THIRD STREET AND EUCLID AVENUE AS SHOWN BY RECORD OF SURVEY FILED IN BOOK 158, PAGE 89 OF RECORDS OF SURVEY;
THENCE NORTH 89°43'42" EAST ALONG THE CENTERLINE OF SAID THIRD STREET,
45.00 FEET;
THENCE SOUTH 00°16'18" EAST, PERPENDICULAR TO SAID CENTERLINE, 30.00 FEET TO A PARALLEL LINE, 30.00 FEET SOUTH OF SAID CENTERLINE OF THIRD STREET; THENCE SOUTH 44°43'43" WEST, 14.14 FEET TO A POINT ON THE WESTERLY
PROLONGATION OF THE SOUTH LINE OF SAID THIRD STREET, SAID SOUTH LINE BEING PARALLEL WITH AND 40.00 FEET SOUTH OF SAID CENTERLINE OF THIRD
STREET, AS SHOWN ON SAID RECORD OF SURVEY, AND THE TRUE POINT OF BEGINNING;
THENCE NORTH 89°43'42" EAST ALONG SAID WESTERLY PROLONGATION, 5.00 FEET
TO THE EAST LINE OF SAID EUCLID AVENUE AS SHOWN ON SAID RECORD OF
SURVEY, BEING ALSO THE EAST LINE OF THAT PARCEL OF LAND GRANTED TO THE STATE OF CALIFORNIA BY GRANT DEED RECORDED JUNE 13, 1989 AS INSTRUMENT NUMBER 193499 OF OFFICIAL RECORDS OF SAID COUNTY,
PAGE 3 OF 4 PAGES
EXHIBIT "A" - LEGAL DESCRIPTION
STREET RIGHT-OF-WAY VACATION No. 2023-SV-002
PARCEL 'B' (CONTINUED)
THENCE SOUTH 00°16'16" EAST ALONG SAID EAST LINE, 520.24 FEET TO THE
CENTERLINE OF SECOND STREET (VACATED), AS SHOWN ON SAID RECORD OF SURVEY MAP;
THENCE SOUTH 89°42'45" WEST ALONG SAID CENTERLINE, 10.00 FEET TO A PARALLEL LINE, 30.00 FEET EAST OF SAID CENTERLINE OF EUCLID AVENUE; THENCE NORTH 00°16'16" WEST ALONG SAID PARALLEL LINE, 515.24 FEET; THENCE NORTH 44°43'43" EAST, 7.07 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 5,190 SQUARE FEET, MORE OR LESS.
SUBJECT TO ALL COVENANTS, RESERVATIONS, RIGHTS, RIGHT-OFWAYS AND EASEMENTS OF RECORD, IF ANY.
SEE EXHIBIT "B" ATTACHED HERTO AND BY THIS REFERENCED MADE A PART HEREOF.
PAGE 4 OF 4 PAGES
EXHIBIT "B" - MAP
STREET RIGHT-OF-WAY VACATION No. 2023-SV-002
EUCLID AVENUE
r
NORTH
0 60
120
1"=60'
SEC. 10, T.3S., R.1W., S.B.M.
SEE PAGE 2
SURVEYOR'S NOTES
INDICATES STATE OF CALIFORNIA
RIGHT-OF-WAY PER GRANT DEED
RECORDED JUNE 13, 1989 AS INSTRUMENT
No. 193499, O.R.
- INDICATES AREA OF VACATION AS
DESCRIBED IN ATTACHED EXHIBIT "A"
P.O.C. - INDICATES POINT OF COMMENCEMENT
T.P.O.B. -- INDICATES TRUE POINT OF BEGINNING
( ) - INDICATES RECORD DATA PER RS 158/89.
T.P.O.B. THIRD STREET
(N 89°43'42" E 324.96')
? S 89°43'42" W 145.33' — _i Cl
L6 I —
6 iS 6'27" E 135.099
�
RS 158/89 RIV. CO.
5 4
POR. BLOCK 144
MB 6/16&17 S.B.CO.
CURVE DATA
CURVE
RADIUS
LENGTH
DELTA
TANGENT
C1
100.00'
26.20'
15°00'33"
13.17'
C2
48.00'
87.97'
105°00'34"
62.57'
LINE DATA
LINE
BEARING
DISTANCE
L1
N 89°43'42" E
45.00'
L2
S 00°16'18" E
30.00'
L3
N 75°15'44" W
50.01'
L4
(N 00°17'23" W)
(70.00')
L5
(N 89°43'42" E)
(66.83')
L6
N 89°43'42" E
91.44'
L7
S 44°43'43" W
14.14'
L5
PARCEL 'A'
5,737 SQ. FT.
3 I 2
`.L
J
BEAUMONT AVENUE (HWY 79)
PAGE 1 OF 2 PAGES
EXHIBIT "B" - MAP
STREET RIGHT-OF-WAY VACATION No. 2023-SV-002
SURVEYOR'S NOTES
- INDICATES STATE OF CALIFORNIA
RIGHT-OF-WAY PER GRANT DEED
RECORDED JUNE 13, 1989 AS INSTRUMENT
No. 193499, O.R.
-- INDICATES AREA OF VACATION AS
DESCRIBED IN ATTACHED EXHIBIT "A"
P.O.C. INDICATES POINT OF COMMENCEMENT
T.P.O.B.
- INDICATES TRUE POINT OF BEGINNING
( ) - INDICATES RECORD DATA PER RS 158/89.
P.O.C.
T.P.O.B. �T
L8
L11-,
� I
3 40'
THIRD STREET
_ N 89°43'42" E
b • SEE PAGE 1
L9
W
z N
Lu
Q �
0 J
U
D
61 o
0 z
w
0 O
6 5 1 4 1 3
PARCEL 'B'
5,190 SQ. FT.
F
LINE DATA
LINE
BEARING
DISTANCE
L1
N 89°43'42" E
45.00'
L2
N 00°16'18" W
30.00'
L8
S 44°43'43" W
14.14'
L9
N 89°43'42" E
5.00'
L10
S 89°42'45" W
10.00'
L11
N 44°43'43" E
7.07'
I 2 I
I
I I
I I
L _I
8 II 7
-RS 158/89 RIV. CO. -
10 I I 9
- POR. BLOCK 144- -
12 11
-MB 6/16&17 S.B.CO.-
14 I I 13
I I
16 I I 15
SECOND STREET
(VACATED)
L10
BEAUMONT AVENUE (HWY 79)
0 oN
NORTH
100
200
1"=100'
SEC. 10, T.3S., R.1W., S.B.M.
PAGE 2 OF 2 PAGES
RESOLUTION NO.
A RESOLUTION OF THE CITY OF BEAUMONT VACATING THE
STREET RIGHT-OF-WAY EASEMENT FROM EUCLID AVENUE
BETWEEN E THIRD STREET AND 560 FEET SOUTH E THIRD
STREET, AND E THIRD STREET BETWEEN EUCLID AVE AND
300 FEET EAST EUCLID AVENUE
WHEREAS, the City Council initiated a proceeding to vacate the existing street right-of- way within Euclid Avenue and E 3rd Street, on October 1, 2024, and at least fifteen days have elapsed since the initiation of such proceedings; and
WHEREAS, the City Clerk has set a hearing on this date by fixing the date, hour, and place of the hearing and causing the publishing and posting of the notices required by the California Streets and Highway Code (SHC) 8340 et. seq.
WHEREAS, the City wishes to vacate the street right-of-way only if the street vacation conforms to the provisions of the (SHC); and
WHEREAS, a notice of the hearing on the proposed street vacation was published for at least two successive weeks prior to the hearing in a daily, semiweekly, or weekly newspaper published and circulated in the City;
WHEREAS, at least two weeks before the day set for the hearing, the City posted three conspicuous notices of vacation along the line of Euclid Avenue and E Third Street not more than 300 feet apart;
WHEREAS, SHC Section 8340 requires that the legislative body determine if reservation of existing utility easements is required in the right of way that is to be vacated, and in this case, reservation of such existing utility easement is required; and WHEREAS, SHC Section 8320 requires the legislative body to schedule and hold a public hearing on the street is to be vacated and to hear evidence presented by anyone who has opposition to the street vacation; and
WHEREAS, SHC Section 8324 allows the legislative body to determine based on the evidence whether the street is unnecessary for present or prospective public use, and if such a finding is made the street may be vacated by adopting a resolution to vacate the street; and
WHEREAS, Staff recommends the street vacation of Euclid Ave and E Third Street to proceed if the City Council makes the required findings.
NOW, THEREFORE, BE IT RESOLVED, that the City of Beaumont does authorize the vacation of Euclid Avenue and E Third Street per the following provisions:
Provision 1. All existing public utility easements are hereby reserved within area of Euclid Avenue and E Third Street being vacated.
Provision 2. This resolution along with the legal description and plat for the vacation of Euclid Avenue and E Third Street, in the form attached hereto as Exhibit "A" and made a part hereof by this reference, shall be recorded with the Riverside County Clerk Recorder's Office by the City Clerk.
MOVED, PASSED AND ADOPTED this 5th day of November 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
By:
David Fenn, Mayor, City of Beaumont
ATTEST:
Elaine Morgan
CITY CLERK
By:
EXHIBIT "A'
(attach legal description and plat)
LEGISLATIVE INFORMATION
Home Bill Information
California Law
Publications Other Resources My Subscriptions My Favorites Code: Select Code v Section: 1 or 2 or 1001
Search
Up^ Add To My Favorites
STREETS AND HIGHWAYS CODE - SHC
DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] (Division 9 added by Stats. 1941, Ch. 79. ) PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] (Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. )
CHAPTER 3. General Vacation Procedure [8320 - 8325] ( Chapter 3 added by Stats. 1980, Ch. 1050, Sec. 29. ) 8320. (a) The legislative body of a local agency may initiate a proceeding under this chapter in either of the following ways:
(1) On its own initiative, where the clerk of the legislative body shall administratively set a hearing by fixing the date, hour, and place of the hearing and cause the publishing and posting of the notices required by this chapter. (2) Upon a petition or request of an interested person, at the discretion of the legislative body, except as provided in subdivision (e) of Section 8321, where the clerk of the legislative body shall administratively set a hearing by fixing the date, hour, and place of the hearing and cause the publishing and posting of the notices required by this chapter.
(b) The notices required by this chapter shall contain both of the following:
(1) A description of the street, highway, or public service easement proposed to be vacated and a reference to a map or plan, that shows the portion or area to be vacated and includes a statement that the vacation proceeding is conducted under this chapter. In the case of a street or highway, the description shall include its general location, its lawful or official name or the name by which it is commonly known, and the extent to which it is to be vacated.
In the case of a public service easement, the description shall identify it with common certainty. The map or plan showing the location of the street, highway, or public easement proposed to be vacated is sufficient compliance with this paragraph.
(2) The date, hour, and place for hearing all persons interested in the proposed vacation. The date shall not be less than 15 days after the initiation of proceedings.
(Amended by Stats. 1998, Ch. 876, Sec. 20. Effective January 1, 1999.) 8321. (a) Ten or more freeholders may petition the board of supervisors to vacate a street or highway under this chapter. At least two of the petitioners shall be residents of the road district in which some part of the street or highway proposed to be vacated is situated and shall be taxable therein for street or highway purposes. (b) Five or more freeholders may petition the board of supervisors to vacate a public service easement under this chapter. At least one of the petitioners shall be a resident of the township in which the public service easement proposed to be vacated is situated.
(c) The residence address of each petitioner shall be set forth in the petition. (d) The board of supervisors may require the payment of a fee for filing a petition to defray the expenses of investigations, mailings, publications, and postings under this chapter. (e) Upon the filing of a petition and the making of the deposit, if any, required under this section, the board of supervisors, by order, shall fix the date, hour, and place of the hearing on the petition. At least two weeks before the day set for the hearing, the clerk of the board shall mail a notice of the date, hour, and place of the hearing to each of the petitioners at the address set forth in the petition. (f) Nothing in this section shall affect the rightof a le tiv to initiate a proceeding under this chapter upon its own initiative, or upon petition or request 6f aen r eO pr on, or prevent the board of supervisors from
vacating a street, highway, or public service easement without charging costs if the board determines it is in the public interest to do so.
(Amended by Stats. 1981, Ch. 64, Sec. 1.)
8322. (a) Except as provided in subdivisions (b) and (c), notice of the hearing on the proposed vacation shall be published for at least two successive weeks prior to the hearing in a daily, semiweekly, or weekly newspaper published and circulated in the local agency conducting the proceeding and which is selected by the legislative body for that purpose or by the clerk or other officer responsible for the publication where the legislative body has not selected any newspaper for that purpose.
(b) If the proceeding is conducted by a city and there is no daily, semiweekly, or weekly newspaper published and circulated in the city, the notice shall be published in some newspaper published in the county in which the city is located.
(c) Notice need not be published under this section where there is no daily, semiweekly, or weekly newspaper published and circulating in the county in which the local agency conducting the proceeding is located. (Amended by Stats. 1998, Ch. 876, Sec. 21. Effective January 1, 1999.) 8323. At least two weeks before the day set for the hearing, the legislative body shall post conspicuously notices of vacation along the line of the street, highway, or public service easement proposed to be vacated. The notices shall be posted not more than 300 feet apart, but at least three notices shall be posted. If the line of the street, highway, or public service easement proposed to be vacated exceeds one mile in length, the legislative body may, in lieu of posting not more than 300 feet apart, post notices at each intersection of another street or highway with the street, highway, or public service easement to be vacated and at one point approximately midway between each intersection, but at least three notices shall be posted. (Amended by Stats. 1998, Ch. 876, Sec. 22. Effective January 1, 1999.) 8324. (a) At the hearing, the legislative body shall hear the evidence offered by persons interested. (b) If the legislative body finds, from all the evidence submitted, that the street, highway, or public service easement described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street, highway, or public service easement. The resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation not be recorded until the conditions have been satisfied.
(Amended by Stats. 1998, Ch. 876, Sec. 23. Effective January 1, 1999.) 8325. (a) The clerk shall cause a certified copy of the resolution of vacation, attested by the clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the recorder of the county in which the property is located. No fee shall be charged for recordation. (b) Upon such recordation, the vacation is complete.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
LEGISLATIVE INFORMATION
Home Bill Information
California Law
Publications Other Resources My Subscriptions My Favorites Code: Select Code v Section: 1 or 2 or 1001
Search
Up^ Add To My Favorites
STREETS AND HIGHWAYS CODE - SHC
DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] (Division 9 added by Stats. 1941, Ch. 79. ) PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] (Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. )
CHAPTER 5. Reservation and Preservation of Easements [8340 - 8349] ( Chapter 5 added by Stats. 1980, Ch. 1050, Sec. 29. )
ARTICLE 1. Reservation of Easements [8340 - 8341] (Article 1 added by Stats. 1980, Ch. 1050, Sec. 29. ) 8340. In a proceeding to vacate a street or highway:
(a) A public entity may reserve and except from the vacation the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated.
(b) A local agency may reserve and except from vacation an easement for a future street or highway, unless the local agency finds that the street or highway is unnecessary for prospective public use. (c) If there are in -place public utility facilities that are in use, a public entity shall, unless the legislative body determines the public convenience and necessity otherwise require, reserve, and except from the vacation any easement and right necessary to maintain, operate, replace, remove, or renew the public utility facilities. (d) A public entity may reserve and except from the vacation, or may grant to another state or local public agency, an easement and right, at any time or from time to time, to construct, maintain, operate, replace, remove, and renew vehicular or nonvehicular trails for use by the public in, upon, over, and across a street or highway proposed to be vacated.
(Amended by Stats. 1990, Ch. 248, Sec. 1.)
8341. (a) In a proceeding to vacate a street or highway, if the legislative body determines that the public convenience and necessity require the reservation and exception of easements and rights -of -way for works enumerated in Section 8340, such reservations and exceptions shall be recited in the resolution of vacation, in addition to any other matter required to be recited therein. The recital may describe the reservations and exceptions by reference to a precise map which is recorded or to which reference is made in the resolution and which is permanently maintained by the public entity.
(b) Subsequent proceedings of the public entity in relation to the vacation, including a deed or conveyance of title to or an interest in the property, are subject to, and governed by, the reservations and exceptions recited in the resolution of vacation and the deed or conveyance shall contain a recital to that effect. (Added by Stats. 1980, Ch. 1050, Sec. 29.)
BAUME ONTA -C A L I F O R N I
Staff Report
TO: City Council
FROM: Elizabeth Gibbs, City Manager
DATE October 1, 2024
SUBJECT: Presentation and Discussion of City -owned Properties Description City Council requested an item be brought forward to discuss current City - owned properties and their use.
Background and Analysis:
At the August 20, 2024, City Council meeting, the Mayor requested that staff bring forth an item for presentation and discussion on City -owned properties. Specifically, the request included what the City currently owns and what is the usage; what properties are not being used at this time but may have a proposed use; and identification of unused or vacant land. The map will be presented during the meeting.
Fiscal Impact:
Staff estimates the cost to prepare this staff report is approximately $187. There is no fiscal impact as this is a discussion item only.
Recommended Action:
Discuss and provide staff to direction.
Beginning Fund Balance
(unaudited)
FY 2025 Budgeted August FYTD 2025 Actual
Revenues Activity Receipts
%
FY 2025 Budgeted August FYTD 2025 Actual
Expenditures Activity Disbursements
T/D Ending Fund
Balance
GOVERNMENTAL FUNDS
100 GENERAL FUND 36,593,689.00 68,117,655.00 4,588,178.74 3,748,823.30 6% 66,734,916.00 3,259,990.99 4,643,854.25 7% 35,698,658.05 120 SELF INSURANCE 6,496,766.58 3,129.72 4,983.71 0% - 0% 6,501,750.29 200 GAS TAX 392,616.25 1,565,135.00 159,545.37 165,951.91 11% 1,565,135.00 463.33 0% 558,104.83 201 SB1 3,034,573.00 1,449,419.00 146,971.45 157,901.24 11% 2,349,111.00 0% 3,192,474.24 202 MEASURE A 2,037,746.65 923,257.00 1,003.91 1,598.61 0% 1,534,800.00 - 0% 2,039,345.26 205 AQMD 225,928.49 71,431.00 90.57 144.22 0% 215,500.00 55,132.58 0% 170,940.13 210 PEG 39,238.41 12,367.00 3,009.93 29.62 0% - 0% 39,268.03 215 CDBG/GRANTS 270,293.11 68,290.00 11,316.27 23,725.46 35% 4,298,816.00 - 0% 294,018.57 220 COPS 533,940.28 105,237.00 254.12 17,071.32 16% 343,467.00 - 4,601.31 1% 546,410.29 225 ASSET SEIZURES (STATE) 301,747.31 2,944.00 758.32 19,928.10 0% 286,462.00 1,261.00 1,261.00 0% 320,414.41 230 ASSET SEIZURES (FEDERAL) 99,628.27 597.00 9,385.44 9,430.97 0% - 0% 109,059.24 240 OTHER FUNDS 364,125.81 75,756.00 353.76 1,223.15 2% 137,951.00 347.17 16,845.23 12% 348,503.73 250 CFD-ADMIN 1,315,660.07 1,366,197.00 1,065.13 1,459.14 0% 1,713,672.00 33,565.18 33,565.18 2% 1,283,554.03 255 CFD-MAINTSVCS 2,865,993.16 4,811,910.00 49,718.93 780.98 0% 5,306,769.00 - 0% 2,866,774.14 260 CFD-PUBLIC SAFETY 1,228,302.79 1,589,899.00 19,325.53 504.15 0% 1,587,924.00 - 0% 1,228,806.94 500 GENERAL CAPITAL PROJECTS 49,826,444.34 122,916,835.00 30,903.32 53,651.68 0% 161,393,230.00 576,990.47 554,200.88 0% 49,325,895.14 510 CFD CAPITAL PROJECTS 12,789,445.76 2,127.00 6,062.71 9,654.16 0% 8,394,734.00 - - 0% 12,799,099.92 550 DIF 6,953.76 225.54 0% 0% 7,179.30
552 BASIC SERVICES DIF 1,260,259.93 222,523.00 59,056.42 95,688.80 43% 34,356.00 0% 1,355,948.73 554 GENERAL PLAN DIF 259,207.52 22,475.00 5,745.69 9,334.26 42% 0% 268,541.78 555 RECREATIONAL FACILITIES DIF 2,927,376.13 349,589.00 92,608.39 149,927.00 43% 900,000.00 0% 3,077,303.13 556 TRAFFIC IMPACT DIF 1,384,793.72 135,510.00 34,994.98 56,893.80 42% 1,155,712.00 0% 1,441,687.52 558 RAILROAD CROSSING DIF 2,808,338.99 164,743.00 38,232.87 62,146.16 38% 126,387.00 0% 2,870,485.15 559 POLICE FACILITIES DIF 2,104,156.48 253,688.00 69,555.17 112,691.97 44% 780,447.00 0% 2,216,848.45 560 FIRE STATION DIF 2,052,117.26 301,752.00 9,749.16 17,290.01 6% 914,321.00 0% 2,069,407.27 562 ROAD AND BRIDGE DIF 15,773,764.49 1,192,000.00 319,808.36 519,895.02 44% 11,266,029.00 0% 16,293,659.51 566 EMERGENCY PREPAREDNESS DIF 1,116,453.57 301,712.00 82,580.65 133,858.56 44% 0% 1,250,312.13 567 COMMUNITY PARK DIF 3,489,341.69 1,090,088.00 2,762.49 5,403.36 0% 4,318,218.00 0% 3,494,745.05 568 REGIONAL PARK DIF 1,937,374.41 1,413.00 918.38 1,462.41 0% 1,842,925.00 0% 1,938,836.82 569 NEIGHBORHOOD PARK DIF 4,389,769.73 1,337,895.00 3,422.28 6,665.08 0% 1,349,000.00 0% 4,396,434.81 570 PASS THROUGH DIF 5,265,664.00 - 0% 6,362,815.00 0% 5,265,664.00 850 Beaumont Financing Authority 36,084,524.56 3,079,842.00 - 0% 3,079,842.00 0% 36,084,524.56 855 Beaumont Public Improvement Authorit 47,778,722.72 3,153,743.00 - 0% 3,153,743.00 0% 47,778,722.72 TOTALS 157,926,046.96 208,452,444.00 5,750,508.06 5,388,343.69 3% 291,146,282.00 3,872,154.81 5,309,923.76 2% 158,004,466.89
Beginning Fund FY 2025
Balance Estimated
(unaudited) Revenues
PROPRIETARY/ENTERPRISE FUNDS
August FYTD 2025 Actual
Activity Revenues
FY 2025 FYTD 2025
% Budgeted August Activity Actual
Expenditures Expenditures
%
T/D Ending Fund
Balance
564 RECYCLED WATER DIF 4,767,543.29 332,463.00 93,561.88 154,772.71 47% 1,943,687.00 - 0% 4,922,316.00 600 INTERNAL SERVICE FUND 8,096,677.74 1,578,920.00 3,144.21 5,006.79 0% 3,909,193.00 130,585.46 130,585.46 3% 7,971,099.07 700 WASTEWATER 8,124,478.74 14,830,049.00 (685,631.97) 253,697.38 2% 14,891,189.00 478,602.47 737,716.53 5% 7,640,459.59 705 WASTEWATER DIF 12,531,507.97 2,041,765.00 730,619.96 1,181,069.95 58% 8,162,910.00 - 0% 13,712,577.92 710 WASTEWATER CAPITAL PRO 104,682,118.16 15,630,847.00 0% 18,163,627.00 (3,103.09) 17,460.29 0% 104,664,657.87 750 TRANSIT 395,788.90 3,278,071.00 287,558.73 775,958.66 24% 3,278,071.00 226,097.61 403,427.96 12% 768,319.60 755 Transit GASB 68 Fund 512,421.35 - 0% - - 0% 512,421.35 760 TRANSIT CAPITAL PROJECTS 2,478,499.47 21,739,637.00 0% 21,739,637.00 0% 2,478,499.47 TOTALS 141,589,035.62 59,431,752.00 429,252.81 2,370,505.49 4% 72,088,314.00 832,182.45 1,289,190.24 2% 142,670,350.87
FY 2025
Beginning Fund Estimated August Activity
Balance (unaudited) Revenues
PROPRIETARY/ENTERPRISE FUNDS
FYTD 2025 Actual
Revenues
FY 2025 FYTD 2025
% Budgeted August Activity Actual % T/D Ending Fund
Expenditures Expenditures Balance
840 Community Facilities District (178,375,048.90) 20,753,937.00 215,065.25 - 0% 20,144,790.00 0% (178,375,048.90) 860 Evidence 3,533.34 - 121.95 255.68 - 3,789.02
TOTALS (178,371,515.56) 20,753,937.00 215,187.20 255.68 0% 20,144,790.00 0% (178,371,259.88)