Beaumont City Council
November 19, 2024

BEAUMONT
t c. I I U F u l A

SPECIAL EVENT PERMIT APPLICATION - CITY OF BEAUMONT

CITY OF BEAUMONT
550 E. 6th Street
Phone (951) 769-8520
BeaurnontCa.gov
APPLICANT (Organization Conducting Event)
ORGANIZATION: Beaumont Cherry Valley Recreation and Park District ADDRESS: 390 W Oak Valley ParkwayClly/sTATE: Beaumont. CA TEL:_( 951) 845-9555 FAX: ( 951 ) 845-9557
YES NO
X
ZIP: 92223
EMAIL: [email protected]
Is this a non-profit organization? If yes, provide tax identification number X Can members of the general public join this organization?

EVENT CONTACTS
PRIMARY'S NAME: Sarah Salzman EMAIL: [email protected] ADDRESS: 390 W Oak Valley Parkway CITY/STATE: Beaumont, CA ZIP: 92223 DAY TEL: (909) 4355-5139 ALTERNATE TEL: ( ) FAX: 951-845-9557 ALTERNATE CONTACT: Michael Valdivia
ADDRESS: 390 W Oak Valley Parkway CITY/STATE: Beaumont, CA ZIP: 92223 DAY TEL: ( 951) 845-9555 ALTERNATE TEL: ( ) FAX: 951-845-9557 EMAIL: [email protected]
FOR THE OFFICE OF CULTURAL AFFAIRS COORDINATED EVENTS ONLY:

Website: bcvparks.com
Public Information Contact Name: Public Information Contact Phone#: (

GENERAL EVENT INFORMATION
EVENT NAME: Winterfest
TYPE: (Parade, Festival, Run, Ceremony, ect.): Festival LOCATION: Check and complete all applicable lines
On the Downtown Parade Route (STREET)
In the Downtown Festival Site (STREET)
In a City park Name of Park(s):

On a Paseo or Plaza.......Name of Paseo or Plaza(s):

On a City street Name of street(s):

X On private property Event location address: 650 W Oak Valley Parkway, Beaumont CA, 92223 Assessor's parcel number(s) of event location:

BEGIN SETUP: Date 2-4-24 Time of Day: 8am am/pm indicate when you will take possession of the event site to begin event setup
ACTUAL EVENT DAY/DATE(S): TIME OF DAY: Est. Daily Attendance Friday December 6th (start) 5Pm am/pm (End) 10pm am/pm 500 Saturday December 7th (Start) 12Pm am/pm (End) 8Pm am/em 750 (Start) am/pm (End) am/pm
Number of attendees by age: Youth (under 18): 800 Adult: 450 Total attendance:1 250 Number of attendees present during the most crowded period of event: 650 FINAL CLEANUP: Date: 12-9-24 Time of Day: 5pm am/pm Indicate when the event site will be completely cleaned & reopened for normal use
City Office Use Only:

Page -1 of 3

SPECIAL EVENT PERMIT APPLICATION - CITY OF BEAUMONT

EVENT DESCRIPTION
YES NO 650 W Oak Valley Parkway
X Was this event held last year? If yes, where Attendance? x Is this a Charitable fundraiser? If yes, for what cause? x Is there an attendance fee? Fee per person: $ Fee collected in advance? x Is this event open to the public?
x Will there be any areas within the event that will be for private use only? {Example: VIP area, etc..) MANDATORY ATTACHMENTS: Required to be submitted with every application. Reference page ii for instructions. x EVENT NARRATIVE: Please provide a description of the event theme, purpose, schedule of activities, entertainment, food, beverages (including alcohol), cleanup plan, etc.. x SITE DIAGRAM: For activities on public and private property: a detailed drawing depicting the proposed layout, including the location of booths, tables, stages, fences, dumpsters, signage, portable toilets and all other event equipment. For any activity on private property: diagram must also show all marked parking spaces, adjacent streets, residential units, and indicate the linear feet from the event boundary to streets and residences. x ROUTE MAP: For parades, runs, walks, and races on public streets or sidewalks: a map of the proposed route, route, start and finish paints, direction of movement and proposed street closures including the specific lane{s) requiring closure.

SPECIFIC EVENT INFORMATION
YES NO
Will any equipment be used on the event site? {Examples: fence, tent, canopy, table, chair, stage, trash container, dumpster, booth, amplified sound system, musical instruments, carnival ride, parade float, portable toilet, etc..)
Will the event require the closure of any public street or traffic lane? x Will there be any food and/or beverages prepared, sold, or served at the event? x Will there be sales of any kind?
x Will there be any activity connected to the event? (Examples: live animal display, parachute jump). x Do you require any City services? (Examples: traffic control, tow zone, street barricades, electrical power, etc..)
If you answered NO to all of the questions in this section, you have completed this application. Sign the Declaration below, attach the Mandatory Site Diagram or Route Map and submit your application.

If you answered YES to ANY of the questions in this section, please complete the remainder of this application.

DECLARATION
As the authorized representative of the applicant, I hereby declare that:

1. The information contained in this application and attachment(s) is true, complete and to the best of my knowledge.

2. Applicant agrees to defend, indemnify and hold harmless City, its officers, agents and employees from and against any and all claims, demands, causes of action, or liabilities incurred by City, its officers, agents, or employees, arising from Applicant's acts or omissions under this Agreement or any act of omission of the Applicant's permission or invitation of Applicant, except as maylarise from the negligence or willful misconduct of City, its officers, agents, contractors, or employees. In any action or claim against City in which Applicant is defending City, City shall have the right to approve egal counsel providing City's defense and such approval shall not be reasonably withheld.

3. Applicant has received and understands the information contained in the Special Events Guidelines and will adhere to required arrangements listed within these Guidelines.

4. Applicant will pay for actual costs of any City services provided for your event within 30 days from receipt of City invoice.

5. No copyrighted musical or visual arts composition shall be performed or played, weather amplified, televised, in the farm of a mechanical recording or personal rendition, or otherwise in connection with any use of City property, unless the Applicant shall have first obtained all approvals and paid any license fee or other fee required by the copyright owner.

Without limitation of any other provision, Applicant's indemnification of City as set forth in a permit or authorization to 2onduct an event, shall include indemnifying and saving City harmless from and against any and all liability or responsibility whatsoever for any infringement of an/or other violation of the right of any such copyright owner under any .opyright law.

5. Applicant will provide access to the City's Special Event recycling service provider at a level of service established by the Director of Environmental Services or his/her designee if the following conditions are met: the event occurs on a City street Jr on a City -own ite, f�ci� y 9r ubli park has an average daily attendance of at least 1,000 persons.

Signature /V ! A A Date 11-7-24
Print Name S f a 'Salzman
Business Name BCVRPD
Tel ( 909) 435-5139
Title Activities Manager
Email [email protected]
For Private Property Event, a letter from the property owner (or an agent authorized by the owner) must be included with this application. The letter should be on company letterhead acknowledging their approval of the event, knowledge of the date, time and activities scheduled to take place. Contact information (address, email and phone) for this individual should be included in the letter.

Page -2 of 3

SPECIAL EVENT PERMIT APPLICATION - CITY OF BEAUMONT

ADDITIONAL EVENT INFORMATION
Equipment / Source of Power
YES No

1. X Will the event be fenced? Do you want the City to provide fencing? YES: NO:

2. lie X Will there be parade floats?

3. X Will there be a tent or canopy? If yes, date being erected: Size(s):

4. X Will amplified sound equipment be used?

5. x Will electrical power be used. Do you want the City to provide electrical power? Yes: NO: x

6. x Will a generator be used?

7. x Will there be a stage? If yes, date being set up: 12-4-24 Removal date: 12-9-24

8. X Will heaters be used?. If yes, indicate heater type:

9. x Will there be booths?. If yes, complete the following information:
# of sales booths: Unkown g of non -sales booths: Total booths:

Booth setup date: 12-6-24 Setup time: 12pm Booth removal date: 12-7-24 Removal time: 8pm Vendor arrival date: 12-.5:24 Arrival: 12pm

10. Total tables that will be set up (outside of booths): 8-10 Food and Beverage
YES NO

11. X Will alcohol be sold or served? If yes, Beer? Wine? Other?

12. X Will there be food preparation?

13. x Will there be cooking booths?

14. Indicate all cooking methods: Electrical appliance: x Liquid fuel device: x Wood/Charcoal BBQ: x Deep Fryer: x
Sales
YES NO
15, x Will any items be sold?
16, x Will vehicles be sold?

17. x Are you requesting a Vendor Zone? Applicable to Downtown events only- this controls vendor carts around your event.

Traffic and Parking Control
YES NO

18. x Will you require a "No Parking" tow zone?

19. x Will you require a traffic control officer?

20. x Are you requesting that any public street or traffic lane be closed for your event? Miscellaneous Activities
YES NO

21. X Will there be a circus or carnival?

22. x Will there be fireworks/pyrotechnics?

23. x Will there be aircraft or a parachute jump?

24. x Will there be live animals?

25. X Will there be items that produce extra trash/litter ((flyers, box lunches, etc..)? Describe:

26. x Will there be any other type of activity not listed here? Describe: Jumpers, Hay Ride throughout park, Snow Hill
Additional information describing above responses:

Page -3 of 3

Special Events Insurance Requirements
Special events can include a variety of situations including but not limited to the use of City space for parties and other events or events occurring at the local parks.

REQUIREMENTS:

The Special Event Sponsor shall procure and maintain for the duration of the event insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Special Event Sponsor's operation and use of the premises. The cost of such insurance shall be borne by the Special Event Sponsor.

Minimum scope of insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage.

2. Workers' Compensation insurance as required by the State of California and Employers' Liability insurance (for Special Events Sponsors with Employees).

3. Property insurance against all risks ()floss to any tenant improvements or betterments if any.

Minimum Limits of Insurance:

Special Events Sponsor shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence per bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other from with a general aggregate lirnit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Workers' Compensation as required by the State of California.

3. Employers' Liability: $1,000,000 each accident. $1,000,000 policy limit bodily injury by disease, $1,000,000 each employee bodily injury by disease.

4. Property Insurance: Full replacement cost with no coinsurance penalty provision.

Deductible and Self -Insured Retentions:

Any deductible or self -insured must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductions or self -insured retentions or respect the City, its officers, officials, employees, and volunteer; or the Special Events.

Sponsors shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions:

1. The City of Beaumont, its officers, officials, employees, and volunteers are to be covered as insured with respect to liability arising out of ownership, maintenance, or use of that part of the premises leased to the Special Events Sponsor. 1

2.The Special Events Sponsor's insurance coverage shall be primary insurance as respects the City of Beaumont, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Special Events Sponsor's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days prior written notice has been provided to the City.

Acceptability of Insurer:

Insurance is to be placed with insurer with a current A.M. Best's rating of no less than A: VII, Unless otherwise acceptable to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

Verification of Coverage:

Special Events Sponsor shall furnish the City with endorsements effecting coverage required by this clause.

The endorsements are to be signed by a person authorized by that Insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before the special events permit becomes effective. However, failure to do so shall not operate as a waiver of these insurance requirements. As an alternative to the City's forms, the Special Events Sponsor's insurer may provide completed copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. Coverage shall be equal to that provided to the first named insured. Any limitations on coverage application only to the City shall not be acceptable.
2

RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY OF BEAUMONT

AUTHORIZING THE WAIVER OF THE MAJOR SPECIAL EVENT

PERMIT APPLICATION DEPOSIT AND ASSOCIATED CITY FEES

FOR THE ANNUAL BEAUMONT CHERRY VALLEY

RECREATION AND PARK DISTRICT WINTERFEST EVENT
WHEREAS, Beaumont Cherry Valley Recreation and Park District hosts an annual Winterfest event each year in December at 390 W. Oak Valley Parkway; and WHEREAS, Beaumont Cherry Valley Recreation and Park District collaborates with the City of Beaumont in helping to improve the quality of life for its residents by hosting this community event every year; and
WHEREAS, Beaumont Cherry Valley Recreation and Park District wishes to continue the path of cooperation and alliance with the City of Beaumont and has requested a fee waiver for the major special event permit application deposit and associated City fees; and WHEREAS, the City Council desires to waive the major special event permit application deposit and associated City fees for Beaumont Cherry Valley Recreation and Park District as it serves a public interest.

NOW, THEREFORE, BE IT RESOLVED, that the City of Beaumont does authorize a fee waiver of the major special event permit application deposit for the Beaumont Cherry Valley Recreation and Park District annual Winterfest event to be held December 6, 2024 through December 7, 2024, and finds that the fee waiver serves a valid public purpose in that the fee waiver will support the betterment of residents and youth within the Beaumont community.

MOVED, PASSED AND ADOPTED this 19th day of November, 2024.

AYES:

NOES:

ABSTAIN:

ABSENT:

By:

David Fenn, Mayor, City of Beaumont
1

ATTEST:

Nicole Wheelwright

DEPUTY CITY CLERK
By:
2

BEAUMONTA O R N 1 -
Staff Report
TO: City Council
FROM: Elizabeth Gibbs, City Manager
DATE November 19, 2024
SUBJECT: Authorize a Budget Adjustment, Changes to Position Allocation and Changes to Uniform Compensation Plan
Description Staff requests a budget adjustment and authorization for the positions of Community Development Director and Economic Development Director.

Background and Analysis:

On September 17, 2024, Council authorized the addition of the Community Development Director position to the Uniform Compensation Plan with the understanding staff would bring back a budget adjustment when necessary. Staff and administration continued to evaluate the Community Development Department organizational structure and staffing levels. The Department workload supports additional personnel requests. Due to these workloads, staff also requests the addition of an Economic Development Director classification.

The Economic Development Director position is vital to the success of multiple projects and programs which City Council has prioritized and authorized, including the implementation of the Downtown Revitalization Plan; the Business Concierge program; property management of the California Ave building, Grace Ave building, and future strategically targeted building purchases; vacant land acquisition; economic development marketing; and, managing and marketing the business/residential incentive program. Furthermore, a heavy focus on attracting, negotiating, and retaining important retail and commercial businesses to increase general fund revenues will require a skillset only found in an executive level position.

The absence of an Economic Development Director can significantly hinder a community's ability to grow, adapt, and prosper economically. Without strategic leadership, business support, and effective program management, a local government risks losing investment opportunities, fostering an environment of inefficiency, and experiencing slower economic growth. By creating and filling this position, the City can maintain a competitive edge, support local businesses, and drive long-term prosperity.

Fiscal Impact:

The addition of the Community Development Director and Economic Development Director will result in an estimated annual cost of $590,182. After utilizing salary savings from vacancies, the remainder needed for FY25 is approximately $178,342 funded by unprogrammed General Fund revenues. The cost to prepare this staff report was $475.

Recommended Action:

Approve a budget adjustment of $31,157 to department 1350.

Approve the addition of one Economic Development Director.

Approve a budget adjustment of $147,185 to department 1235.

Attachments:

A. Proposed Organizational Charts
B. City Uniform Compensation Plan
C. Budget Adjustment Form

Community Development Department
Chief Building Official
Plans Examiner (1)
Community Development
Director
1 Community Enhancement
Officers (2)
Permit Technicians (2)
Building Inspectors (3)
Draft, November 19, 2024
Assistant Fire Marshall
Contracted thru Fire Dept
Fire Safety Specialist (1)
Contracted thru Fire Dept

Senior Planner
Assistant Planner (2)

Economic Development Department
Economic Development
Director
Management Analyst
Draft, November 19, 2024
Economic Development
Manager

BEAUMONT
- COMPENSATION PLAN -
Adopted by City Council November 19, 2024
Effective November 19, 2024
Position
MOU Assigned To
Salary
First Step
Range
Top Step
Accountant
SEIU
57 67
Account Technician I
SEIU
46 56
Account Technician II
SEIU
50 60
Administrative Services Director
Employment Contract
92 102
Animal Control Officer I
SEIU
46 56
Animal Control Officer II
SEIU
50 60
Assistant Director of Finance
Manager/Professional/Technical
83 93
Assistant Planner
SEIU
56 66
Associate Engineer
SEIU
64 74
Budget Analyst
Manager/Professional/Technical
62 72
Building/Grounds/Maintenance Supervisor
Manager/Professional/Technical
60 70
Building/Grounds/Maintenance Worker
SEIU
40 50
Building Inspector
SEIU
54 64
Building Permit Technician I
SEIU
42 52
Building Permit Technician II
SEIU
48 58
Building Plans Examiner
SEIU
59 69
Bus Driver
SEIU
37 47
Chief Building Official
Manager/Professional/Technical
84 94
Chief of Police
Employment Contract
98 108
City Engineer / Public Works Director
Employment Contract
92 102
City Manager
Employment Contract
102
112
Community Development Director
Employment Contract
92 102
Community Enhancement Officer I
SEIU
48 58
Community Enhancement Officer II
SEIU
52 62
Community Services Director
Employment Contract
84 94
Community Services Officer
POA
48 58
Customer Service Coordinator I
SEIU
34 44
Customer Service Coordinator II
SEIU
40 50
Deputy City Manager
Employment Contract
94 104
Deputy City Clerk
Manager/Professional/Technical
66 76
Director of Water Reclamation
Employment Contract
85 95
Economic Development Director
Employment Contract
90 100
Economic Development Manager
Manager/Professional/Technical
74 84
Engineering Development Technician I
SEIU
46 56
Engineering Development Technician II
SEIU
48 58
Environmental Compliance Program Specialist
Manager/Professional/Technical
63 73
Executive Assistant
Manager/Professional/Technical
55 65
Finance Director
Employment Contract
92 102
GIS Analyst
SEIU
55 65
Grants Analyst
SEIU
60 70
Grounds/Parks/Facilities Manager
Manager/Professional/Technical
74 84
Dated: November 19, 2024
UuFog c(55:0/of 9/(in

Position
HR/Payroll Technician
MOU Assigned To
SEIU
Salary
First Step
46 Range
Top Step
56 HR/Risk Analyst
Manager/Professional/Technical
60 70
Information Technology Manager
Manager/Professional/Technical
83 93
IT Analyst I
SEIU
53 63
IT Analyst II
SEIU
61 71
Lead Building/Grounds Maintenance Worker
SEIU
46 56
Lead Bus Driver
SEIU
43 53
Lead Dispatcher
POA
52 62
Lead Street Maintenance Worker
SEIU
50 60
Lead Support Services Specialist
Police Officers Association
44 54
Lifeguard
SEIU
27 32
Mechanic
SEIU
46 56
Management Analyst I
SEIU
54 64
Management Analyst II
SEIU
60 70
Payroll / Benefits Supervisor
Manager/Professional/Technical
65 75
Planning Manager
Manager/Professional/Technical
80 90
Police Cadet
31 31
Police Captain
Police Management
93 103
Police Corporal
Police Officers Association
72 82
Police Lieutenant
Police Management
88 98
Police Officer
Police Officers Association
66 76
Police Sergeant
Police Officers Association
78 88
Police Services Manager
Manager/Professional/Technical
73 83
Police Trainee
49 49
Pool Manager
SEIU
34 39
Principal Engineer
Manager/Professional/Technical
74 84
Principal Management Analyst
Manager/Professional/Technical
70 80
Procurement/Contract Specialist
SEIU
57 67
Project Manager (CIP)
Manager/Professional/Technical
71 81
Public Information Officer
Manager/Professional/Technical
72 82
Public Safety Dispatcher I
Police Officers Association
44 54
Public Safety Dispatcher II
Police Officers Association
50 60
Public Works Inspector
SEIU
59 69
Records Technician
SEIU
46 56
Recreation Coordinator
SEIU
46 56
Recreation Specialist
SEIU
26 36
Recreation Manager
Manager/Professional/Technical
69 79
Senior Engineer
Manager/Professional/Technical
74 84
Senior Management Analyst
Manager/Professional/Technical
65 75
Senior Planner
Manager/Professional/Technical
70 80
Street Maintenance Supervisor
Manager/Professional/Technical
61 71
Street Maintenance Worker
SEIU
46 56
Support Services Specialist I
Police Officers Association
34 44
Support Services Specialist II
Police Officers Association
40 50
Support Services Supervisor
Police Officers Association
60 70
Transit Manager
Manager/Professional/Technical
74 84
Dated: November 19, 2024
unFog lkfai tfaii9'lun

Position
Vehicle Maintenance Supervisor
MOU Assigned To
Manager/Professional/Technical
Salary
First Step
Range
Top Step
65 75
Wastewater Collections Supervisor
Manager/Professional/Technical
62 72
Wastewater Collection System Worker I
SEIU
48 58
Wastewater Collection System Worker II
SEIU
52 62
Wastewater Plant Operator I
SEIU
53 63
Wastewater Plant Operator II
SEIU
59 69
Wastewater Plant Operator III
SEIU
63 73
Wastewater Plant Operator IV
SEIU
67 77
Wastewater Plant Operator V
SEIU
71 81
Wastewater Plant Supervisor
Manager/Professional/Technical
67 77
Water Safety Instructor
SEIU
27 32
Dated: November 19, 2024 Un/R e -552t tSii 9lun Page 3 of 2

BEAUMONT

CALIFORNIA
DATE:

City of Beaumont
Budget Adjustment Form
FY 2024/2025
11/15/2024
DEPARTMENT NAME: Finance
PREPARED BY: JenniferUstation

APPROVED BY
*Account Number for Example only
Revenue = (Credit)
Expense = Debit
Revenue = (Credit)
Expense = Debit
Debit
(Credit)

ACCOUNT NUMBER

ACCOUNT DESCRIPTION

CURRENT BUDGET

ADJUSTMENT

NEW BUDGET AMT
Explanations /Justification
100-1235-6010-0000
Salaries
216,615.00
99,110.00
315,725.00
100-1235-7027-0000
Health/Fitness
1,200.00
300.00
1,500.00
100-1235-6030-0000
Car Allowance
5,400.00
2,700.00
8,100.00
100-1235-6020-0000
Health Insurance
41,817.00
11,160.00
52,977.00
100-1235-6023-0000
Disability
1,051.00
507.00
1,558.00
100-1235-6024-0000

PERS/PEPRA
50,588.00
28,948.00
79,536.00
100-1235-6022-0000
Workers Comp
186.00
2,982.00
3,168.00
100-1235-6028-0000
Life Insurance
149.00

37.00 186.00
100-1235-6034-0000
Medicare
3,532.00
1,441.00
4,973.00
100-1350-6010-0000
Salaries
631,859.00
(3,362.00)
628,497.00
100-1350-7027-0000
Health/Fitness
6,000.00
150.00
6,150.00
100-1350-6030-0000
Car Allowance
5,400.00
2,700.00
8,100.00
100-1350-6020-0000
Health Insurance
83,567.00
10,230.00
93,797.00
100-1350-6023-0000
Disability
2,500.00
(101.00)
2,399.00
100-1350-6024-0000

PERS/PEPRA
92,424.00
21,656.00
114,080.00
100-1350-6022-0000
Workers Comp
19,382.00
(101.00)
19,281.00
100-1350-6028-0000
Life Insurance
372.00

34.00 406.00
100-1350-6034-0000
Medicare
9,962.00
(49.00)
9,913.00
TOTALS
$ 178,342.00
Net Effect

BAUME ONTA -C A L I F O R N I
Staff Report
TO: City Council
FROM: Robert L. Vestal, Public Works Director
DATE: November 19, 2024
SUBJECT: Donation Agreement for 6.26 Acres of Real Property Description Donation Agreement between Lassen Development Partners, LLLP, and the City of Beaumont for 6.26 Acres of real property located in the County of Riverside (APN:424-010-007).

Background and Analysis:

Phase 11 of the Potrero Interchange Project requires access control along the project limits of State Highway Route 60 (SR -60). Consequently, one connection point must be eliminated, which currently provides access to the Hall property (APN:424-010-019).

The Hall property is not coincident with any other public right-of-way and eliminating the connection point would render the property landlocked. Refer to Figure 1 — Hall Property Access.

To prevent the property from being landlocked, the City must obtain an easement through a neighboring parcel to provide an alternative legal and physical means of access. RCTC and City staff have been working diligently to secure a feasible easement from neighboring properties. The two property owners adjacent to the Hall property, to the east, are not willing to grant an easement, and significant improvements would be required for the City to make the potential easement traversable. However, Lassen Development Partners, LLLP (Lassen), the property owners to the south of the Hall property, are willing to donate the property to the City. This donation would allow the City to grant an easement to the Hall property.

LASSEN PROPERTY
Lassen is the owner of real property commonly referred to as APN: 424-010-007, totaling approximately 6.26 acres, located south of the Hall property, in the County of Riverside. The property is subject to a Settlement Agreement and Release between Sierra Club, Timoteo Land Investors, LLC, and Timoteo Lan Development. Refer to

Attachment B for Settlement Agreement. The Settlement Agreement has several terms which impact the property. One of which is as follows:

1. Developer agrees, in connection with seeking entitlements for development of APN no. 421-020-007 to use best efforts to persuade any approving agencies or regulatory entities that any open space or conservation requirements they may impose will be on the portion of that parcel located northerly of the Conservation Easement that the Developer is already granting related to Cooper's Creek and under the Streambed Alteration Agreement No. 1600-2012-0136-R6. In the event that no regulatory authority requires any open space or conservation requirements in connection with entitlements for development of APN no. 421- 020-007, then Developer shall offer a perpetual Restrictive Covenant and/or Conservation Easement to, first, the entity, if any, that has accepted the land marked "23"; second, the Riverside Land Conservancy or other similar entity over this portion of the parcel; and, third, if such offer is not accepted, shall itself prepare and record a Perpetual Open Space and Land Conservation Covenant and Deed Restriction over this same portion of APN no. 421-020-007 marked "24" on Exhibit B. The Perpetual Open Space and Land Conservation Covenant and Deed Restriction shall reserve in perpetual open space and land conservation that area marked "24," while permitting as compatible uses environmental maintenance and monitoring (e.g. planting, invasive plant removal, litter removal), and a passive recreational trail or bike lane.

DONATION AGREEMENT
A Donation Agreement was developed to identify the responsibilities of the City and Lassen. Refer to Attachment A for Donation Agreement. The following are significant terms of the Donation Agreement:

City agrees to complete those mitigation requirements applicable to the Property as required by the following agreements:
• The City hereby assumes the remaining obligations under the Settlement Agreement and Release dated as of April 2017 applicable to the Property, a copy of which has been delivered to the City on or prior to the Execution Date.
• The City hereby acknowledges and agrees to maintain MPLD II Inland Empire LLC ("MLPD") as its agent and representative for the satisfaction of the obligations set forth under Section 24 of the Release Agreement, and to

reimburse MPLD for 24% of all cost incurred by MPLD under Section 24 of the Release Agreement, and to pay invoices to MPLD within 30 days of receipt. City agrees that the 24% reimbursement amount is a reasonable portion of the amount incurred by MPLD under Section 24 related to the Property.
• The City hereby assumes the rights and obligations of the Developer under the Agency on or prior to the Execution Date and agrees to allow MLPD to continue to act as its Agent and Representative under such letter. • The City hereby agrees to be the signatory and obligated party under the draft Conservation Easement currently drafted to be by and between Beaumont Crossroads Logistic II Park Association ("Beaumont Crossroads") and the Developer, as Grantor, in favor of Rivers and Lands Conservancy ("RLC"), as Grantee, solely as it relates to the Property, a copy of which has been delivered to the City on or prior to the Execution Date, including assuming the obligations of the Developer as guarantor set forth therein. For the sake of clarity, City shall not assume the forgoing obligations applicable to the Retained Parcel identified as Assessor's Parcel Number 424-010-008. • The City hereby agrees to be the signatory and obligated party under the draft Endowment Management Agreement, currently drafted to be by and between Beaumont Crossroads, the Developer, and RLC, including assuming the obligations of the Developer to fund its portion of the Endowment Assessment pursuant to the Property Analysis Record (PAR) as shown in Exhibit C solely as it relates to the Property. For the sake of clarity, City shall not assume the forgoing obligations applicable to the Retained Parcel identified as Assessor's Parcel Number 424-010-008.

Due to the project schedule and vulnerability of the project funding for Potrero Interchange — Phase I I , RCTC and City staff are recommending City Council approve the Donation Agreement and subsequent obligations. The Donation Agreement has a 60 -day feasibility period commencing on the date of the Donation Agreement.

Figure 1 - Hall Property Access
Fiscal Impact:

The estimated cost of this staff report is $1,500.

The value of the donated land is not known. City staff will need to obtain an appraisal report for financial statement purposes. The Finance Department has $9,000 budgeted in 100-1225-7068-0000 for this service.

The Endowment Assessment pursuant to the Property Analysis Record is estimated to be $200,000 and will be paid from the Potrero Interchange Project (CIP 2016-003).

The cost to develop and manage the Hazardous Materials Management Plan is estimated to be $453,816 and will be paid from the Potrero Interchange Project (CIP 2016-003).

Please refer to the following project accounting chart and table for a summary of project funding and budget:

Estimated Project Cost= $71,304,000
CIP 2016-003 Potrero Phase II Project Budget Summary
Pro'ect
Component
Budget Encumbered
i
Budget
Prnr�lanagemert
Preliminary Services
E
Design
$4,408,658 $(3,245,390) $(845,492) $1,163,268
Right -of -Way
Constructio
$1,340,972 $(4,980) $(4,348) $1,335,992
,441,3
$55,441,370'
Construction Management $10,113,000
$10,113,000
Equipment
1 $71,304,000
$(3,250,370)
$(849,840)

Recommended Action:

Authorize the City Manager to execute a Donation Agreement between Lassen Development Partners, LLLP, and the City of Beaumont for 6.26 Acres of real property located in the County of Riverside (APN:424-010-007).

Attachments:

A. Donation Agreement
B. Settlement Agreement

PROJECT: SR -60 Potrero II
APN: 424-010-007

DONATION AGREEMENT
THIS DONATION AGREEMENT ("Agreement") is made this day of , 2024 (the "Execution Date") by and between the CITY OF BEAUMONT, a general law city and municipal corporation, herein called "City," and LASSEN DEVELOPMENT PARTNERS, LLLP, a Delaware limited liability partnership, herein called "Developer." The City and Developer are sometimes individually referred to as "Party" and collectively as "Parties." WHEREAS, Developer is the owner of certain real property commonly referred to as APN 424-010-007) totaling approximately 6.26 acres, located in the unincorporated area of the County of Riverside, and as more particularly described on Exhibit A attached hereto (the "Property") and wishes to offer to dedicate the Property in fee to the City as provided herein; WHEREAS, in return, City will agree to complete certain mitigation requirements to offset impacts from Developer's project as specifically provided in this Agreement that are applicable to the Property.

NOW, THEREFORE, City and Developer agree as follows:

1. Dedication of Property. Developer shall offer to dedicate the Property in fee to City and City shall accept the offer of dedication of the Property, or interest therein, upon the terms and conditions set forth in this Agreement.

1.1 City agrees to complete those mitigation requirements applicable to the Property as required by the following agreements:

1. The City hereby assumes the remaining obligations under the Settlement Agreement and Release dated as of April 2017 applicable to the Property, a copy of which has been delivered to the City on or prior to the Execution Date.

2. The City hereby assumes responsibility for the Property being one of the Retained Parcels as defined in the Partial Assumption and Release (the "Release Agreement") between the Developer and MPLD II Inland Empire LLC ("MLPD"), a copy of which has been delivered to the City on or prior to the Execution Date. The City hereby acknowledges and agrees to maintain MPLD as its agent and representative for the satisfaction of the obligations set forth under Section 24 of the Release Agreement, and to reimburse MPLD for 24% of all cost incurred by MPLD under Section 24 of the Release Agreement, and to pay invoices to MPLD within 30 days of receipt. City agrees that the 24% reimbursement amount is a reasonable portion of the amount incurred by MPLD under Section 24 related to the Property.

3. The City hereby assumes the rights and obligations of the Developer under the Agency and Representation letter Dated February 7, 2020, a copy of which has been delivered to the City 1 17336.00629\42467966.11

on or prior to the Execution Date, and agrees to allow MLPD to continue to act as its Agent and Representative under such letter.

4. The City hereby agrees to be the signatory and obligated party under the draft Conservation Easement currently drafted to be by and between Beaumont Crossroads Logistic II Park Association ("Beaumont Crossroads") and the Developer, as Grantor, in favor of Rivers and Lands Conservancy ("RLC"), as Grantee, solely as it relates to the Property, a copy of which has been delivered to the City on or prior to the Execution Date, including assuming the obligations of the Developer as guarantor set forth therein. For the sake of clarity, City shall not assume the forgoing obligations applicable to the Retained Parcel identified as Assessor's parcel Number 424- 010-008.

5. The City hereby agrees to be the signatory and obligated party under the draft Endowment Management Agreement, currently drafted to be by and between Beaumont Crossroads, the Developer, and RLC, including assuming the obligations of the Developer to fund its portion of the Endowment Assessment pursuant to the Property Analysis Record (PAR) as shown in Exhibit C solely as it relates to the Property. For the sake of clarity, City shall not assume the forgoing obligations applicable to the Retained Parcel identified as Assessor's parcel Number 424-010-008.

2. Obligations of Developer.

2.1 Fee Interest. Upon acceptance by City, Developer shall convey, assign and transfer its fee interest in the Property to City, free and clear of all liens, encumbrances, easements, leases (recorded or unrecorded), bonds, assessments, and taxes except for (i) liens for non - delinquent property taxes and assessments, and (ii) those liens and encumbrances and easements which, in the sole discretion of City, are acceptable pursuant to Section 6.

2.2 Representations and Warranties of Developer. Developer represents and warrants to City that as of the date of this Agreement and as of the Close of Escrow:

2.2.1 Hazardous Substances. To Developer's actual knowledge, and except as disclosed in reports prepared by City's consultants based on investigations of the Property undertaken during the Feasibility Period, the Property is: (i) free from Hazardous Substances; (ii) contains no buried or partially buried storage tanks located on the Property; (iii) has not been used for the generation, storage or disposal of any Hazardous Substance and no Hazardous Substance has been spilled, disposed of, or stored on, under, or at the Property; and (iv) has never been used as a dump or landfill.

2.2.2 Compliance with Law. To Developer's actual knowledge, the Property is in material compliance with all applicable Laws and Environmental Laws.

2.2.3 Leases. No leases, licenses, or other agreements allowing any third party rights to use the Property are or will be in force as of the Closing.

2.2.4 Litigation and Investigations. There is no pending, or to Developer's actual knowledge threatened, litigation, administrative proceeding, or other legal or governmental action with respect to the Property, and Developer has received no notice, 2 17336.00629\42467966.11

warning, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Property are or have been in violation of any Laws or Environmental Laws, or informing Developer that the Property is subject to investigation or inquiry regarding the violation of any Laws or Environmental Laws.

2.2.5 Condition of Property. To Developer's actual knowledge, there are no natural or artificial conditions upon the Property or any part of the Property that could result in a material and adverse change in the condition of the Property.

2.2.6 Access to the Property. There is vehicular access to the Property either directly through a public right of way or through a recorded easement.

2.2.7 No Insolvency Proceedings. Developer has not (i) made a general assignment for the benefit of creditors; (ii) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by its creditors; (iii) suffered the appointment of a receiver to take possession of all or substantially all of its assets; (iv) suffered the attachment or other judicial seizure of substantially all of its assets; or (v) admitted in writing its inability to pay its debts as they come due.

2.2.8 No Other Agreements, Undertakings or Tenancies. Developer will not enter into any agreements or undertake any new obligations prior to Close of Escrow which will in any way burden, encumber or otherwise affect the Property without the prior written consent of the City.

2.2.9 Disclosure. To Developer's actual knowledge, Developer has disclosed to City all pertinent non-proprietary, non -privileged information, records, and studies in Developer's possession relating to the Property, including any reports or studies concerning Hazardous Substances. To Developer's actual knowledge, all information that Developer has delivered to City, either directly or through Developer's agents, is accurate and Developer has disclosed all material facts concerning the operation, development, or condition of the Property.

Developer shall promptly notify City of any facts that would cause any of the representations contained in this Agreement to be untrue as of the Close of Escrow. If City reasonably concludes that a fact materially and adversely affects the Property, including without limitation, by reason of a fact discovered by City during the Feasibility Period, City shall have the option to terminate this Agreement by delivering written notice to Developer and Escrow Agent. If City terminates this Agreement pursuant to this Section, Escrow Agent shall cancel the Escrow and Developer shall be responsible for all costs of escrow.

2.3 Indemnity. Developer agrees to indemnify City and agrees to defend and hold City harmless from all loss, cost, liability, expense, damage, or other injury, including without limitation, reasonable attorneys' fees and expenses, to the fullest extent not prohibited by applicable law, and all other costs and expenses incurred by reason of, or in any manner resulting from (i) the breach of any warranties and representations in Section 2.2, and (ii) all third -party claims for Developer's intentional acts or willful misconduct related to the Property occurring prior to the Close of Escrow.
3 17336.00629\42467966.11

2.4 Definitions.

2.4.1 "Environmental Laws" means all federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance (as defined subsequently in this Agreement), or pertaining to occupational health or industrial hygiene (and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Property), occupational or environmental conditions on, under, or about the Property, as now in effect, including without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and the Superfund Amendments and Reauthorization Act of 1986 (SARA) [42 U.S.C.A. §§ 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (RCRA) and the Solid Waste Disposal Act [42 U.S.C.A. §§ 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA) [33 U.S.C.A. §§ 1251 et seq.]; the Toxic Substances Control Act (TSCA) [15 U.S.C.A. §§ 2601 et seq.]; the Hazardous Materials Transportation Act (HMTA) [49 U.S.C.A. §§ 5101 et seq.]; the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) [7 U.S.C.A. §§ 136 et seq.]; the Clean Air Act (CAA) [42 U.S.C.A. §§ 7401 et seq.]; the Safe Drinking Water Act (SDWA) [42 U.S.C.A. §§ 300f et seq.]; the Surface Mining Control and Reclamation Act of 1977 (SMCRA) [30 U.S.C.A. §§ 1201 et seq.]; the Emergency Planning and Community Right -to -Know Act of 1986 (EPCRA or EPCRTKA) [42 U.S.C.A. §§ 11001 et seq.]; the Occupational Safety and Health Act of 1970 (OSHA) [29 U.S.C.A. §§ 655, 657]; the California laws regarding the underground storage of hazardous substances [H & S C §§ 25280 et seq.]; the Hazardous Substance Account Act [H & S C §§ 25300 et seq.]; the California laws regarding hazardous waste control [H & S C §§ 25100 et seq.]; the Safe Drinking Water and Toxic Enforcement Act of 1986 [H & S C §§ 25249.5 et seq.]; the Porter -Cologne Water Quality Control Act [Wat C §§ 13000 et seq.], and any amendments of or regulations promulgated under the statutes cited above and any other federal, state, or local law, statute, ordinance, or regulation now in effect that pertains to occupational health or industrial hygiene, and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Property, or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use.

2.4.2 "Hazardous Substances" includes without limitation:
(i) Those substances included within the definitions of "hazardous substance," "hazardous waste," "hazardous material," "toxic substance," "solid waste," or "pollutant or contaminant" in CERCLA, RCRA, TSCA, HMTA, or under any other Environmental Law;
(ii) Those substances listed in the United States Department of Transportation (DOT) Table [49 CFR 172.101], or by the Environmental Protection Agency (EPA), or any successor agency, as hazardous substances [40 CFR Part 302]; (iii) Other substances, materials, and wastes that are regulated or classified as hazardous or toxic under federal, state, or local laws or regulations; and 4 17336.00629\42467966.11

(iv) Any material, waste, or substance that is: a petroleum or refined petroleum product, asbestos, polychlorinated biphenyl, designated as a hazardous substance pursuant to 33 U.S.C.A. § 1321 or listed pursuant to 33 U.S.C.A. § 1317, a flammable explosive, or a radioactive material.

2.4.3 "Developer's Actual Knowledge" means the present, actual, personal knowledge of Erik Engelstad, and Steve St Clair, Partners for the Developer, without any independent investigation, research or inquiry or any obligation to do so (and without any personal liability therefore). Erik Engelstad is the person in Developer's organization with the most knowledge with respect to the Property.

3. Escrow. By this Agreement, City and Developer establish an escrow ("Escrow") with a reputable title company chosen by City (the "Escrow Agent"), subject to the provisions of the standard conditions for acceptance of escrow and the terms and conditions in this Agreement, with a signed counterpart of this document to be delivered as escrow instructions to Escrow Agent.

In the event of any conflict between the terms of this Agreement and the standard conditions for acceptance of escrow, the terms of this Agreement shall control. City's agent for matters related to the Closing of Escrow shall be the Executive Director or his designee.

4. Feasibility Period.

4.1 During the period commencing on the date of this Agreement and terminating on a date which is sixty (60) days from the date of this Agreement ("Feasibility Period"), City may undertake at City's expense an inspection of the Property. Said inspection may include: (i) a review of the physical condition of the Property, including but not limited to, inspection and examination of soils, environmental factors, Hazardous Substances, if any, and archeological information relating to the Property; (ii) a review and investigation of the effect of any zoning, maps, permits, reports, engineering data, regulations, ordinances, and laws affecting the Property; a Phase 1 Environmental Report and any addition environmental report recommended thereby and (iii) any other matter that the City determined is relevant. Within ten (10) days following the full execution of this Agreement by both parties, Developer shall deliver to City copies of all architectural plans, surveys, specifications, and other documents pertaining to the legal, development, physical, geological, or environmental condition of the Property that are owned by or in the possession or control of Developer.

4.2 If City's environmental consultant requires additional time to determine the existence and extent of any Hazardous Substances on the Property, City shall have the right, exercisable by delivering written notice to Developer prior to the expiration of the Feasibility Period, to extend the Feasibility Period for up to an additional sixty (60) days to complete the testing.

4.3 If City disapproves of the results of the inspection and review or the results of any Phase I Environmental Report, City may elect, prior to the last day of the Feasibility Period (or any extension thereof), to terminate this Agreement by giving Developer written notification prior to the last day of the Feasibility Period (or any extension thereof). If City fails to properly notify Developer of the intent to approve or terminate this Agreement, City shall be deemed to have terminated this Agreement .
5 17336.00629\42467966.11

5. Access.

5.1 Access to the Property during the Feasibility Period shall be given to City, its agents, employees, or contractors during normal business hours upon at least one (1) business day's notice to Developer, at their own cost and risk, for any purposes, including, but not limited to, inspecting the Property, taking samples of the soil, and conducting an environmental audit (including an investigation of past and current uses of the Property). City shall indemnify and defend Developer against and hold Developer harmless from all losses, costs, damages, liabilities, and expenses, including, without limitation, reasonable attorneys' fees arising out of City's entry onto the Property or any activity thereon by City or its agents, employees, or contractors prior to the Close of Escrow except to the extent any such losses, costs, damages, liabilities, and expenses arise out of the gross negligence or willful acts of Developer. Any entry onto the Property by City or its agents, employees, or contractors shall be at reasonable times. Prior to entry onto the Property, City shall provide Developer with an insurance certificate for the Property showing currently in effect general liability insurance in the amount of no less than $2,000,000 and listing Developer as an additional named insured. The provisions of this Section shall survive the Close of Escrow. Notwithstanding anything herein to the contrary, City and Developer agree that City shall not incur any liability hereunder merely by the discovery of an "Existing Adverse Condition" (as defined below) regardless of whether such Existing Adverse Condition, once revealed, negatively impacts the value of the Property or otherwise causes Developer to incur liabilities, costs or expenses. The term "Existing Adverse Condition" shall mean an adverse condition existing on or with respect to the Property that is discovered or revealed by City in the course of its Property inspection hereunder.

5.2 In addition to the provisions of Section 4.1, City and its agents, employees, or contractors shall have the right, from the date of this Agreement until the Closing Date, to contact any federal, state, or local governmental authority or agency to investigate any matters relating to the Property; provided, however, that City shall not disclose any matter to such authority or agency regarding the results of City's due diligence investigation of the Property without Developer's prior written consent. Developer agrees to cooperate reasonably with City and its agents, employees, or contractors in the inspection of the Property and agrees to deliver to City all information in Developer's possession or control pertaining to the condition of the Property, including engineering and environmental reports, studies, tests, monitoring results, and related documentation, provided that such cooperation does not require Developer to expend any out-of- pocket costs.

6. Title.

6.1 Immediately following the execution of this Agreement by both Parties, Developer and City shall cause Escrow Agent to issue to City a preliminary report ("Preliminary Report") (with a copy to Developer) for a Standard Coverage ALTA Owner's Policy (with regional exceptions) of Title Insurance (sometimes formerly referred to as a CLTA Title Insurance Policy) for the Property, setting forth all liens, encumbrances, easements, restrictions, conditions, pending litigation, judgments, administrative proceedings, and other matters affecting Developer's title to the Property, together with copies of all documents relating to title exceptions referred to in the Preliminary Report.
6 17336.00629\42467966.11

6.2 City shall approve or disapprove, in writing to Developer with a copy to Escrow Agent, each exception shown on the Preliminary Report and each encroachment, overlap, or boundary line dispute, or any other matter that materially and adversely affects title to the Property (each an "Exception") within twenty (20) business days following the receipt of the Preliminary Report or the opening of Escrow, whichever is later. City's failure to object within the twenty (20) day period shall be deemed to be a disapproval of the Exceptions. The Exceptions approved by City hereunder shall be referred to as the "Approved Exceptions."

6.3 If any Exception is disapproved or deemed disapproved (each a "Disapproved Exception"), Developer shall have the right, but not the obligation, within thirty (30) days following expiration of the twenty (20) day period provided under Section 6.3 above, to cause each Disapproved Exception to be discharged, satisfied, released, or terminated, as the case may be, of record, and in a form that is reasonably satisfactory to City and Escrow Agent, all at Developer's sole cost and expense. Developer agrees to deposit into Escrow the sum sufficient to discharge any Disapproved Exception that may be discharged only by the payment of money. If Developer is unable or unwilling to obtain a discharge, satisfaction, release, or termination of any Disapproved Exception within the period specified above, then this Agreement shall automatically terminate ten (10) business days after expiration of the 30 -day period for curing the Disapproved Exceptions or after Developer advises City in writing that Developer is unable or unwilling to cause such discharge, satisfaction, release, or termination, whichever occurs first, unless within such 10 -business -day period City waives in writing such Disapproved Exception, in which event such Disapproved Exception shall be deemed an Approved Exception under this Agreement. If this Agreement terminates pursuant to the foregoing sentence, then Developer shall pay all charges of the Escrow Agent in connection with this transaction, including the charges of the surveyor and environmental engineering company; and the Parties shall be relieved of all further obligations and liabilities to each other under this Agreement except as otherwise provided herein, and all funds and documents deposited with Escrow Agent shall be promptly refunded or returned, as the case may be, by Escrow Agent to the depositing Party. Anything above to the contrary notwithstanding, it is understood and agreed that City's indemnity obligations under Section 5 shall not terminate upon termination of this Agreement pursuant to this or any other provision hereof.

7. INTENTIONALLY DELETED.

8. Close of Escrow.

8.1 Title. Simultaneously with the Close of Escrow, Escrow Agent shall issue a Standard Coverage ALTA Owner's Policy (with regional exceptions) of Title Insurance ("Title Policy") (sometimes formerly referred to as a CLTA Title Insurance Policy) in the amount of $1,000,000.00, subject only to (i) liens for real property taxes, bonds, and assessments not then due, and (ii) the Approved Exceptions.

8.2 Developer's Deposits into Escrow. Developer shall deposit with Escrow Agent on or prior to the Close of Escrow the following documents:
(a) a Grant Deed (the form of which is acceptable to City and City's legal counsel, a form of which is attached hereto in Exhibit B) executed and acknowledged by 7 17336.00629\42467966.11

Developer, conveying to City good and marketable fee simple title to the Property, subject only to the Approved Exceptions ("Deed");
(b) Developer's affidavit of nonforeign status as contemplated by Section 1445 of the Internal Revenue Code of 1986, as amended ("FIRPTA Affidavit"); (c) all funds required to be placed in escrow by Developer; (d) Developer's approval of the draft of Escrow Agent's closing statement.

8.3 City's Deposits into Escrow. City shall deposit with Escrow Agent on or prior to the Close of Escrow City's approval of the draft of Escrow Agent's closing statement and the executed Certificate of Acceptance accepting title to the Property, a copy of which is attached hereto as Exhibit "B".

8.4 Closing Date. The conveyance of the Property to City and the closing of this transaction ("Close of Escrow") shall take place within fifteen (15) days following City's approval of the Property under Section 6 following the expiration of the Due Diligence Period ("Closing Date").

8.5 Closing Statements. No more than two days prior to the Closing Date, Escrow Agent shall deliver to City and to Developer, for their respective approvals, drafts of Escrow Agent's closing statement showing all receipts and disbursements of the Escrow.

8.6 Closing Instructions. On the Closing Date (or any extension thereof), Escrow Agent shall close Escrow as follows:
(a) record the Deed (marked for return to City) with the Riverside County Recorder;
(b) issue the Title Policy;
(c) prorate taxes, assessments, rents, and other charges as provided in Section 8.7 below;
(d) prepare and deliver to both City and Developer one signed copy of Escrow Agent's closing statement showing all receipts and disbursements of the Escrow; (e) deliver to City the FIRPTA Affidavit, and the Withholding Affidavit; and
(g) If Escrow Agent is unable to simultaneously perform all of the instructions set forth above, Escrow Agent shall notify City and Developer and retain all funds and documents pending receipt of further instructions jointly issued by City and Developer.
8 17336.00629\42467966.11

8.7 Closing Costs and Prorations. Developer shall pay the following closing costs and prorations through the Close of Escrow as follows:
(a) Developer shall pay all governmental conveyancing fees and taxes due upon transfer of the Property, except that no documentary transfer tax will be payable with respect to this transaction, pursuant to Revenue and Taxation Code Section 11922; (b) Developer shall pay the recording charges in connection with recordation of the Deed; except that this Deed is entitled to be recorded without a fee pursuant to Government Code Section 27383 because the Deed is for the benefit of a public agency; (c) Developer shall pay all charges in connection with issuance of a Standard Coverage ALTA Owner's Policy (with regional exceptions) of Title Insurance (sometimes formerly referred to as a CLTA Title Insurance Policy) in the amount of $1,000,000; (d) Developer shall pay all costs associated with environmental reports, including the Phase I Environmental Site Assessment Report, and any further testing and reports which may be reasonably necessary as a result of such report as approved by Developer; and
(e) Developer shall pay all fees and charges levied by Escrow Agent.

8.8 Real Estate Taxes, Bonds, and Assessments. Developer shall pay real property taxes at the Close of Escrow based on the most current real property tax bill available, including any additional property taxes that may be assessed after the Close of Escrow but that relate to a period prior to the Close of Escrow, regardless of when notice of those taxes is received or who receives the notice. Developer may seek reimbursement from the Riverside County Tax Assessor's office for any property taxes that have been assessed for a period after the Close of Escrow as City is a public agency exempt from payment of such taxes. City further agrees to cooperate with Developer to provide any necessary information to the Assessor's office in connection with such request for refund. All installments of any bond or assessment that constitutes a lien on the Property at the Close of Escrow shall be paid by Developer.

8.9 Possession. Possession of the Property shall be delivered to City at the Close of Escrow.

9. Acceptance. The acceptance of the Property by City and the Closing of Escrow (as defined in Section 8) are subject to the satisfaction of the following no later than the Closing Date:
(a) City's approval of the condition of the Property as provided in Section 4 and title to the Property as provided in Section 6. In addition, Developer shall remove any debris or trash from the Property prior to the Close of Escrow; (b) The representations and warranties of Developer set forth in Section 2.2 shall be true and accurate as of the Closing Date;
(c) Developer's performance of all obligations under this Agreement; 9 17336.00629\42467966.11

(d) No adverse material change shall have occurred with respect to the condition of the Property from the end of the Feasibility Period through the Closing Date; and (e) Escrow Agent being prepared to issue the Title Policy on the Close of Escrow, subject only to the Approved Exceptions.

10. Except as otherwise detailed within this Agreement, the performance by the City of its obligations under this Agreement shall relieve the City of any and all further obligations or claims on account of the acceptance of the offer of dedication.

11. This Agreement and Escrow may be terminated by City upon three (3) days written notice to Developer and Escrow Agent if the conditions to closing set forth in Section 9 have not been fulfilled on or before the Closing Date. Upon termination by City pursuant to this Section 10, Developer shall be responsible for all costs and expenses of Escrow Agent.

12. As used in this Agreement, notice includes but is not limited to, the communication of any notice, request, demand, approval, statement, report, acceptance, consent, waiver and appointment. All notices must be in writing. Notice is given either (i) when delivered in person to the person or company intended named below, or (ii) when sent via reputable overnight courier (such as Federal Express), addressed by name and addressed to the party or persons intended, as follows:

To City: City of Beaumont
Beaumont Civic Center
550 E. 6th Street
Beaumont, CA 92223
Phone: (951) 769-8520
Attention: City Manager
With copy to: City Attorney
John Pinkney, SBEMP
74774 Highway 111
Indian Wells, CA 92210
Phone (760) 322-2275
To Developer: Lassen Development Partners, LLLP
3900 S Wadsworth Blvd STE 440
Lakewood CO 80235
Phone: (303) 953-5118
Attention: Erik Engelstad
With copy to: Developer Attorney
Moye White, LLP
Attn: Zaki Robbins
3615 Delgany Street Suite 1100
Denver, CO 80216-3997
Phone: (303) 813-3857
10 17336.00629\42467966.11

until such time as a party gives notice of the change of address in accordance with the terms of this section.

13. This Agreement shall not be changed, modified or amended except upon the written consent of the Parties hereto.

14. This Agreement is the result of negotiations between the Parties and is intended by the Parties to be a final expression of their understanding with respect to the matters herein contained. This Agreement supersedes any and all other prior agreements and understandings, oral or written, in connection therewith. No provision contained herein shall be construed against the City solely because it prepared this Agreement in its executed form.

15. Developer, their assigns and successors in interest, shall be bound by all the terms and conditions contained in this Agreement, and all the parties thereto shall be jointly and severally liable thereunder.

16. This Agreement is not binding until executed by the City Manager or Mayor.

17. Notwithstanding any other provision of this Agreement or any other agreement between any of the Parties hereto, once the Property is conveyed to and accepted by the City, then the City shall have no obligation to return the Property to the Developer under any circumstances, except in the sole and exclusive discretion of the City.

18. This Agreement may be executed in one or more counterparts. Each shall be deemed an original and all, taken together, shall constitute one and the same instrument. 11 17336.00629\42467966.11

SIGNATURE PAGE FOR THE DEDICATION AGREEMENT BETWEEN THE CITY

OF BEAUMONT AND LASSEN DEVELOPMENT PARTNERS, LLLP
IN THE WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly -authorized representatives on the date and year set forth below.

DEVELOPER
Lassen Development Partners, LLLP
Date: 10/31/2024
By: Lassen Development Partners GP, LLC, a
Delaware limited liability company,
its general partner
By:
76 -
Charles Hibben, Manager
CITY
City of Beaumont
Date:

By:

Elizabeth Gibbs, City Manager
Approved as to Form:

By:

City Attorney
12 17336.00629\42467966.11

EXHIBIT "A"

LEGAL DESCRIPTION OF PROPERTY

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED

AREA OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

THAT PORTION OF LAND SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF

CALIFORNIA, BEING THAT PORTION OF THE EAST ONE HALF OF THE WEST ONE HALF OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 SOUTH, RANGE 1

WEST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS, LYING WITH ASSESSORS PARCEL NO. 424-010-007, BEING A PORTION OF THE PROPERTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 7, SAID POINT BEING NORTH 84° 59' 13" EAST, 2650.57 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 7 AND SOUTH 84° 59' 13" WEST, 2650.57 FEET FROM THE NORTHEAST QUARTER OF SAID SECTION 7;THENCE ALONG THE NORTH LINE OF SAID SECTION 7, NORTH 84° 59' 13" EAST, 662.64 FEET TO THE WEST LINE OF SAID

EAST ONE HALF OF THE WEST ONE HALF OF THE NORTHEAST QUARTER OF SECTION 7, SAID POINT BEING SOUTH 84° 59' 13" WEST, 1987.93 FEET FROM THE NORTHEAST QUARTER CORNER OF SAID SECTION 7; THENCE LEAVING SAID NORTH SECTION 7 LINE AND ALONG SAID WEST LINE, SOUTH 00° 20' 23" EAST, 874.33 FEET TO THE POINT OF BEGINNING.

THENCE CONTINUING ALONG SAID WEST LINE OF THE EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 7, SOUTH 00° 20' 23" EAST, 1797.87 FEET TO THE SOUTHWEST CORNER OF SAID EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 7, SAID POINT BEING NORTH 85° 00' 41" EAST, 667.91 FEET FROM THE CENTER OF SAID SECTION 7; THENCE

LEAVING SAID WEST LINE, AND ALONG THE SOUTH LINE OF SAID EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 7, NORTH 85° 00' 21" EAST 667.91 FEET TO THE SOUTHEAST CORNER OF SAID EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 7, SAID POINT BEING SOUTH 85° 00' 41" WEST, 1335.81 FEET FROM THE EAST QUARTER CORNER OF SAID SECTION 7; THENCE LEAVING SAID SOUTH LINE AND ALONG THE EAST LINE OF EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 7, NORTH 00° 27' 10" WEST, 1494.61 FEET TO A NON -TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1206.00 FEET, THE RADIAL TO SAID POINT BEARS SOUTH 13° 45' 43" WEST; THENCE LEAVING SAID EAST LINE AND NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07° 16' 56", AN ARC DISTANCE OF 153.28 FEET TO A TANGENT LINE; THENCE LEAVING SAID CURVE AND ALONG SAID TANGENT LINE NORTH 68° 57' 21" WEST, 555.08 TO THE POINT OF BEGINNING.

APN: 424-010-007
13 17336.00629\42467966.11

EXHIBIT B

GRANT DEED
14 17336.00629\42467966.11

Recorded at request of and return to:

City of Beaumont
Beaumont Civic Center
550 E. 6th Street
Beaumont, CA 92223
Attn: City Manager

FREE RECORDING
This instrument is for the benefit of
the City of Beaumont, and is entitled to be
recorded without fee. (Govt. Code 6103)
(Space above this line reserved for Recorder's use)

GRANT DEED
PROJECT: SR -60 Potrero II
APN: 424-010-007
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LASSEN DEVELOPMENT PARTNERS, LLLP, a Delaware limited liability partnership, herein called "Grantor", hereby GRANTS to CITY OF BEAUMONT, a general law city and municipal corporation ("Grantee"), the real property in the unincorporated area of the County of Riverside, State of California, described as:
[EXHIBIT "A' ATTACHED]
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the _ day of , 2024.

Lassen Development Partners, LLLP,
a Delaware limited liability limited partnership
By: Lassen Development Partners GP, LLC,
a Delaware limited liability company,
its general partner
By
Charles Hibben, Manager

ATTACH NOTARY ACKNOWLEDGEMENT
15 17336.00629\42467966.11

STATE OF

COUNTY OF
§
§
§
Personally appeared before me, , Notary Public,
, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and who acknowledged that he executed the within instrument for the purposes therein contained, and who further acknowledged that he is the Lassen Development Partners GP, LLC, a Delaware limited liability company, general partner of LASSEN DEVELOPMENT PARTNERS, LLLP, a Delaware limited liability limited partnership, and is authorized to execute this instrument.

WITNESS my hand, and official seal, this day of , 2024.

Notary Public
16 17336.00629\42467966.11

CERTIFICATE OF ACCEPTANCE
This is to certify that the real property conveyed by LASSEN DEVELOPMENT PARTNERS LLLP, a Delaware limited liability partnership, on the Grant Deed dated , 2024, to the CITY OF BEAUMONT, a general law city and municipal corporation (Grantee), is hereby accepted by the undersigned officer on behalf of the Grantee, pursuant to authority conferred by resolution of the City Council, and the Grantee consents to recordation thereof by its duly authorized officer.

GRANTEE:

Date: , 2024
CITY OF BEAUMONT, a general law city and municipal corporation By: Elizabeth Gibbs, City Manager
17 17336.00629\42467966.11

SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("Agreement") is entered into this th day of April 2017, by and among Sierra Club, a California not -for-profit corporation ("Petitioner"), on the one hand, and Timoteo Land Investors, LLC and Timoteo Land Development (jointly, "Developer"), on the other hand. Petitioner and Developer are sometimes referred to herein as a "Party," and collectively as the "Parties."
WHEREAS, Developer applied to the City of Beaumont ("City") for certain land use entitlements necessary to develop the Hidden Canyon Industrial Park project, including for Plot Plan 16 -PP -02, to facilitate the development of a 196.52 -acre Industrial Center with 2.86 million square feet of floor area within two buildings (the "Project"); WHEREAS, on September 6, 2016, the City Council of the City of Beaumont approved the Developer's application for Plot Plan I6 -PP -02 needed to develop and construct the Project; WHEREAS, on October 6, 2016, Petitioner filed a Petition for Writ of Mandate challenging the Project, alleging legal violations under the California Environmental Quality Act ("CEQA") and California Water Code (the "Lawsuit"); and WHEREAS, the Parties have engaged in settlement negotiations, and have reached terms, as set forth herein, upon which to settle their disputes, and wish to avoid litigation and resolve their disputes concerning the Project on the terms set forth herein.

NOW, THEREFORE, the Parties hereby agree as follows:

A. Construction -Related Terms: All terms set forth herein must be required of Developer and the Project and must be incorporated into the construction contract with the general contractor.

1. Emissions Control. All off -road diesel -powered construction equipment greater than 25 horsepower must meet Tier 4 emission standards. Tier 4 or Tier 3 equipment may be used.

In addition, all construction equipment must be outfitted with Best Available Control Technology (BACT) devices certified by the California Air Resources Board ("CARB").

The general contractor must certify that these requirements have been satisfied, and a copy of each unit's certified tier specifications, BACT documentation, and CARB or the South Coast Air Quality Management District ("SCAQMD") operating permit, and the contractor's certification must be emailed monthly to Petitioner upon request.

2. No Diesel -Powered Portable Generators. Diesel -powered portable generators must not be used at any time.

3. Air Quality Complaints. Prior to the start of grading, Developer must post legible, durable, weather-proof signs at the property's frontage which state in English and Spanish: (i) Diesel trucks servicing the Project must not idle for more than 5 minutes; and (ii) the name and telephone numbers of an authorized individual to be contacted to resolve dust and air quality complaints, and a phone number to SCAQMD and CARB to report violations. These signs must remain posted on the property until construction is 11411305.04/0C
371103-0003214.10-17/keflal

complete and must be of a size easily readable from the street. All dust complaints must be resolved in 24 hours.

4. Lunch Vendor Services. Lunch vendor services must be provided on -site during construction to minimize the need for off -site vehicle trips.

5. Setback from Coopers Creek and Wildlife Corridors. A1I construction and grading activities must include any setbacks set forth in the MSHCP, the Army Corps Section 404 Permit (SPL-2013-00802-JEM), the Regional Board Section 401 Certification (SARWQCB Project No. 322013-18), the CDFW Section 1601 Agreement (SAA No. 1600-2101-0136-R6) (collectively, the "Agency Permits"), and City of Beaumont Resolution No. 2007-16, and shall comply with the applicable mitigation plans set forth in those Agency Permits. The setback area must be clearly delineated with orange fencing throughout grading and construction. No form of (concrete or graded) catch basins, detention basins, or any other man-made drainage/runoff or water conveyance structure shall be allowed within Coopers Creek or within the minimum setbacks set forth in this section. The Developer shall record a Restrictive Covenant or Conservation Easement, in a form approved by the U. S. Army Corps of Engineers, to the Riverside Land Conservancy or other similar entity, over the 10.95 acres of riparian and wetland habitat within Cooper's Creek to remain undeveloped, designated and managed as open space in perpetuity. In addition, the water quality basins to be constructed within the Project, adjacent to the 10.95 acres of riparian and wetland habitat within Cooper's Creek shall serve as additional buffer between the Creek and the Project buildings and parking areas.

The Developer shall vegetate the water quality basins with native species and will not plant any invasive plant species within it, and shall provide fencing as necessary for public safety and to prevent access from the buildings and parking areas to the riparian and wetland habitat within Cooper's Creek. Finally, within 60 days after completion of the new bridge over Cooper's Creek, the Developer will remove the three existing access bridges in order to create high quality in -stream habitat.

B. Operational/Design-Related Terms: All terms set forth herein are required of the Developer and required of the Project. Developer may assign the duties set forth herein to any end user and, in such an instance, Developer must incorporate the below requirements as contract provisions into any contract for the sale, lease, and/or transfer of the property to any purchaser, assignee, tenant, owner, operator etc. of the Project.

1. Plug -ins for Refrigeration. If refrigerated trucks are to be used on the premises, the Developer must install plug -ins sufficient to accommodate all refrigerated units.

2. No Diesel Yard Trucks. Developer shall encourage any future owner, operator or tenant not to use diesel -powered "yard goats," hostlers or forklifts.

3. Electrical Charging for Forklifts. Developer must design and construct the Project with the infrastructure necessary to support electrical charging stations for charging on -site electrical forklifts or similar on -site equipment that future tenants may use. The electrical charging stations must be clearly labeled with permanent, durable, weatherproof signage. Developer must provide any tenant or purchaser with detailed I141805.04/0C
371103-0003214-10-17/kef/al
2

information about the availability of this infrastructure. Prior to final site plan approval, these improvements must be delineated on the Project site plan and emailed and mailed to Petitioner.

4. Alternatively Fueled Vehicles:
a. To the extent not in conflict with code or other legal requirements (including any requirements of the Americans With Disabilities Act or other similar requirements), Developer must designate a minimum of 30 parking spaces for alternatively fueled vehicles (including electric and hybrid vehicles) in locations closest in proximity to the Project buildings' main and employee entries. These spaces must be marked with permanent signs specifying that non -alternatively fueled vehicles will be towed at the owner's expense, and listing the number of a designated towing company. b. Developer must at a minimum install at least ten (10) DC Quick Charge/ Fast Charge EVSE charging units and twenty (20) Level 2 EVSE charging units onsite, prior to the issuance of an occupancy permit. Project building plans must include the location, type of EVSE, wiring schematics, and electrical calculations to verify the electrical system has sufficient capacity to charge simultaneously all the electric vehicles at all designated EV charging spaces at their full rated amperage. All EVSE charging stations must be open to the public at no cost; or at a maximum, for the cost of electricity.

EVSE charging stations must be designated with readily visible, permanent signs on - site stating their availability for public use. On -site permanent signs must also designate that vehicles improperly parked in EVSE charging parking spaces will be towed at the owner's expense, and list a phone number for a designated towing company. Permanent signs at the Quick Charge/ Fast Charge stations must also indicate a two-hour parking limit. A permanent, two-sided, sign promoting the availability of each charging station must be placed along the street right-of-way, facing traffic, nearest the access driveway to each facility, so as to be visible to traveling motorist in each direction. Developer must maintain all EVSE charging units in good working condition for a minimum of fifteen (15) years. Charging station parking spaces must be in addition to the 30 parking spaces listed in B.4.a. c. Developer must conduct an annual review, during the term of Developer's ownership, for up to six years following the occupancy of the buildings to determine the level of use of alternatively fueled vehicles and whether there is further demand for alternatively fueled parking. The annual review must consist of a survey of vehicles parked in the Project's parking lots on a normal business day during busy working hours. If Developer sells the Project prior to the end of the six years, it shall encourage the new owner to continue such surveys. Copies of the annual reviews must be provided to the City and Petitioner via mail and email upon completion. d. At Least ten percent of the total auto parking spaces for each building must be capable of supporting installation of future EVSE as defined in B.4.b., with service connections provided to those spaces and labeled. Prior to final site plan approval, 1141805.04/oc
371103-00032/4-10-17/keffal

EVSE capable parking spaces must be delineated on the Project site plan, which must be provided to Petitioner by email upon completion.

5. Carpool/ Vanpool Parking. The Project must provide preferential parking for carpools and vanpools for 5% of the total parking spaces. Locations and configurations of proposed preferential parking for carpools and vanpools are subject to review and approval by the City. On -site signs must designate that vehicles improperly parked in carpool/vanpool parking spaces will be towed at the owner's expense, and must list a phone number for a designated towing company. Prior to final site plan approval, preferential parking for carpools and vanpools must be delineated on the Project site plan, which must be provided to Petitioner via email upon completion.

6. Idling Prohibited Signage. All truck and trailer parking areas must provide permanent large lettered, reflective signs prohibiting idling for more than five minutes and requiring trucks turn off headlights once docked or parked. These signs must be printed in both English and Spanish and readily visible from cabs at all such parking areas, dock doors, and entry points.

7. SmartWay. Developer must provide detailed information to Project tenants regarding the U.S. Environmental Protection Agency's SmartWay program, and encourage Project tenants to begin implementing SmartWay programs.

8. Improved Landscaping. Developer must use only native or drought tolerant landscaping on the Project site. In addition, Developer must plant and maintain at least twenty (20) California Coastal Live Oak yearling trees from seedlings harvested and germinated from existing trees within 5 miles of the Project site. Seedlings may be harvested and germinated in cooperation with the Riverside Lands Conservancy and Moreno Valley College/ Moreno Valley College Biology Lab (Felice Galacia, Chair). In addition, London Plane or California Sycamore trees or similar trees shall be planted and maintained onsite, particularly around the Project's automobile parking areas. Developer shall encourage any future owner, operator, or tenant to endeavor to obtain 50% shade coverage within 10 years. In the event of tree death, trees will be replaced with same species. Palm trees must not be planted on the Project site. Developer also agrees to landscape with plants know to capture diesel PM, including e.g. bottlebrush, conifers (such as Italian Stone Pine), and similar vegetation with rough or sticky surfaces.

9. Concrete Parking Lots to Reduce Heat Island Effect. Developer must use concrete instead of asphalt in the parking lots. Concrete must have an initial solar reflectance value of at least .30 as determined in accordance with American Society for Testing and Materials (ASTM) Standards E 1980 or E1918.

10. Renewable Energy:
a. Developer must design and construct the roof of the buildings to accommodate maximally sized photovoltaic (PV) solar arrays taking into consideration limitations imposed by other rooftop equipment, building and fire code requirements, and other physical or legal limitations. Developer must develop each Project building with the l 141805.04/0C
371103-00032/4-10-17/keflal

necessary electrical system and other infrastructure to accommodate maximally sized PV arrays in the future. The electrical system and infrastructure must be clearly labeled with noticeable and permanent signage which informs future tenant/purchasers of the existence of this infrastructure. Prior to final site plan approval, these improvements must be delineated on the Project site plan and emailed and mailed to Petitioner.
b. Developer must install solar PV system(s) on the roof(s) of the building(s) and/or in Project parking areas to provide a total of at least 60 kW AC electrical power. The installation of the solar PV system must be completed and fully operational prior to the issuance of an occupancy permit. Developer must notify Petitioner of the completion of installation of the solar cells and provide Petitioner with proof of completion by mail and email.
c. Additional High Energy Demand Improvements: In the event a "High Energy Consumption User" will occupy and/or utilize the Project, Developer shall consider, and shall encourage a future owner/operator to consider, installing additional solar PV cells on the roof of the building to provide 20% additional -kW of AC electrical power, which represents a 20% increase over that required per building as outlined in Section B. 10.b. A "High Energy Consumption User" is a tenant or end user that anticipates using 25% or more of the total area of any of the buildings for refrigeration or other high energy demand equipment. Developer must provide Petitioner evidence of any additional solar PV installed for the Project by email following building occupancy.

11. Cool Roof for Reduction of Heat Island Effect. Roof areas not covered by PV must be constructed to comply with 2016 CalGreen Nonresidential Voluntary Measure A5.106.11.2, Tier 2 [Table A5.106.11.2.3].

12. LEED Silver Certification Standards. The Project buildings must be designed and built to meet the standard for LEED Silver Certification under the LEED v.4 Building Design and Construction Standards for Core and Shell Development set forth by the U.S. Green Building Council. The measures listed on Exhibit "A" must be implemented by Developer in order to meet the standard for LEED Silver Certification.

13. Electric Landscaping Equipment. Yard maintenance/ landscaping crews must utilize only electric or CARB equipment certified to the highest current standards in all areas covered by this agreement now and in the future.

14. Incentivize Carpooling. Developer shall encourage Project tenants to provide incentives to their employees who carpool.

15. Dark Sky Lighting. The Project shall meet all City Dark Sky Lighting Ordinance requirements.

16. Trip Reduction Plan. Developer will encourage tenants to develop a trip reduction plan to achieve 1.5 average vehicle ridership (AVR) if the Project employs fewer than 250 stationary employees. Developer shall provide evidence of the development and 1141505.04/OC
371103-00032/4.10-17/kef/al

implementation of any such plans to Petitioner via mail and email within six months of building occupancy and annually for five (5) years.

17. Promoting Electric Vehicles. Developer must acquire one alternatively fueled vehicle (either electric or plug-in hybrid at Developer's option), which it will offer to Project tenant for its business use, and which must be used for a minimum of five years solely within the Inland Empire. In the event that the Project tenant does not need or want use of the alternatively fueled vehicle, Developer must use the vehicle for business purposes solely within the Inland Empire and ideally Beaumont. Developer must provide Petitioner with evidence of completion of this requirement via email following issuance of the occupancy permit.

18. No Diesel Generators. There must be no diesel powered generators allowed on the site.

19. Contribution to Center for Community Action and Environmental Justice. Within 30 days following execution of this agreement, Developer must contribute $30,000 to CCAEJ to use at their sole discretion. Developer's contribution must constitute Developer's sole obligation with respect to this term. Proof of contribution must be submitted to Petitioner within 30 days of payment.

20. Setback from Coopers Creek and Wildlife Corridors/Open Space Buffer Zone. All Project developed areas must include any setbacks set forth in the Agency Permits and City of Beaumont Resolution No. 2007-16 and Developer shall comply with all requirements set forth in the Agency Permits. In general, this buffer zone should be maintained as protected open space for the benefit of sensitive biological uses and residents. No portion of this setback area may be utilized for operational activities such as parking, drive aisles, or outside storage. The developer shall install signage along the edge of the developed area stating that the Creek and Corridor are protected wildlife habitat; to keep out; and to remain on any designated trails. In addition, the water quality basins to be constructed within the Project, adjacent to the Cooper's Creek Conservation Easement area shall serve as additional buffer between the Creek and the Project buildings and parking areas. The Developer shall vegetate the water quality basins with native species and will not plant any invasive plant species within it, and shall provide fencing as necessary for public safety and to prevent access from the buildings and parking areas to the Conservation Easement Area.

21. Compliance with Urban/Wildland Interface Guidelines. The Project must comply with the MSHCP guidelines for urban/wildland interface.

22. Cooper's Creek Connectivity Reserve. The Project will be developed in compliance with the Cooper's Creek Special Connectivity Reserve and Policy Area terms (est. 2007), except where exceeded by this agreement.

23. Deed Restriction/Offer of Dedication of Trail Easement. The Developer shall offer a non -endowed perpetual Restrictive Covenant and/or Conservation Easement to the Riverside Land Conservancy or other similar entity over the northeast comer of APN no. 421-020-006 (aka, as recently renumbered, APN no. 424-010-002) that is outside of the 1141805.04/0C
371103-00032/4-10-17/kef/al
-0-

Conservation Easement that the Developer is already granting over other portions of that assessor's parcel pursuant to its obligation under the Streambed Alteration Agreement No. 1600-2012-0136-R6. This portion is colored pink and marked with "23" on the attached Exhibit B. The purpose of the Restrictive Covenant and/or Conservation Easement is to maintain this area in permanent open space and land conservation.

In the event the Riverside Land Conservancy or other entity does not accept the offered conservation easement, Developer shall prepare and record a Perpetual Open Space and Land Conservation Covenant and Deed Restriction over this same portion of APN no. 421-020-006 marked "23" on Exhibit B. The Perpetual Open Space and Land Conservation Covenant and Deed Restriction shall reserve in perpetual open space and land conservation that area marked "23," while permitting as compatible uses environmental maintenance and monitoring (e.g. planting, invasive plant removal, litter removal), and a passive recreational trail or bike lane. Any Restrictive Covenant or Conservation Easement shall be final and recorded prior to the issuance of the certificate of occupancy. Copies of the any Restrictive Covenant or Conservation Easement shall be provided to Petitioner by mail and email.

In addition, the Developer will make an offer of dedication to the City of Beaumont of a trail or bike lane easement over this same northeast corner of APN no. 421-020-006.

24. Open Space/Conservation Related to APN no. 421-020-007. Developer agrees, in connection with seeking entitlements for development of APN no. 421-020-007 (aka, as recently renumbered, APN no. 424-010-004), to use best efforts to persuade any approving agencies or regulatory entities that any open space or conservation requirements they may impose will be on the portion of that parcel located northerly of the Conservation Easement that the Developer is already granting related to Cooper's Creek and under the Streambed Alteration Agreement No. 1600-2012-0136-R6. This portion of that parcel is colored green and marked with "24" on the attached Exhibit 13.

In the event that no regulatory authority requires any open space or conservation requirements in connection with entitlements for development of APN no. 421-020-007, then Developer shall offer a perpetual Restrictive Covenant and/or Conservation Easement to, first, the entity, if any, that has accepted the land marked "23"; second, the Riverside Land Conservancy or other similar entity over this portion of the parcel; and, third, if such offer is not accepted, shall itself prepare and record a Perpetual Open Space and Land Conservation Covenant and Deed Restriction over this same portion of APN no. 421-020-007 marked "24" on Exhibit B. The Perpetual Open Space and Land Conservation Covenant and Deed Restriction shall reserve in perpetual open space and land conservation that area marked "24," while permitting as compatible uses environmental maintenance and monitoring (e.g. planting, invasive plant removal, litter removal), and a passive recreational trail or bike lane. Copies of any Restrictive Covenant or Conservation Easement shall be provided to Petitioner by mail and email.

In addition, if the Developer is required to offer or record Restrictive Covenant or Conservation Easement under this term, Developer will at the same time make an offer of dedication to the City of Beaumont of a trail or bike lane easement over this same corner marked "24" of APN no. 421-020-007.
1141805.04/0C
371103-0003214-10-17/kef/al

25. Storm Water Design. Developer shall implement all applicable regulatory requirements with regard to storm water design. Prior to issuance of the grading permit, Developer will provide Petitioner with its approved Water Quality Management Plan.

26. Traffic Mitigation.
a. Streets or roads crossing Coopers Creek. Any private public street or road which crosses over Coopers Creek in the Specific Plan area; or results from traffic demands generated from the Specific Plan (i.e. 4th street); must comprise a vehicular bridge and, if possible, provide for bicycle and pedestrian use. The separate bike/ pedestrian/ lanes must be a minimum 5- feet in width for each type of lane or trail on either side of the bridged roadway and built in compliance with City requirements.

In addition, any streets or roads crossing Coopers Creek must include adequate corridor area under the bridge to allow for sufficient wildlife movement under the bridge.

C. Other Terms.

1. Dismissal of Lawsuit. Within 10 days of the execution and delivery of this Agreement, Petitioner must file a request for dismissal, with prejudice, of the Action, including all respondents and real parties, in its entirety.

2. Payment of Attorney's Fees. Within 10 days of the Court's dismissal of the Action, with prejudice, Developer must reimburse Petitioner for its legal expenses in the agreed upon amount of $30,000. Petitioner's counsel must provide Developer with its taxpayer identification number as a condition to the payment. Except for this payment, each Party must bear its own costs of suit, including attorney's fees, incurred in the Action.

3. Mutual General Releases.
a. Except as set forth in this Agreement, Petitioner (on behalf of itself and its predecessors and successors) hereby releases Developer and City and their respective owners, affiliates, members, officers, employees, agents, predecessors, successors, assigns, assignees, successors -in -interest, principals, partners, managers, representatives, attorneys, and all persons and entities acting by, through, under or in concert with them, or any of them, from any and all claims, demands, liabilities, obligations, costs, expenses, fees, actions, and/or causes of action that Petitioner has or had, except as expressly reserved herein, arising out of, or connected to, directly or indirectly to the Project approval or the Lawsuit (including the existence, prosecution or defense thereof), whether known, unknown or suspected, and Petitioner hereby waives the provisions of Civil Code section 1542, which provides as follows:

Section 1542. (General Release - Claims Extinguished.) A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. 1141805.04100
371103-00032/4-10- I 7/keflal

The release in this Section 3(a) is a separate consideration for the release contained in Section 3(b), and Petitioner would not have executed this Agreement nor agreed to this Section 3(a) but for the release contained in Section 3(b). Petitioner does not waive any claims, demands, liabilities, obligations, costs, expenses, fees, actions, and/or causes of action which do not arise out of the Project approvals or the Litigation. b. Except as set forth in this Agreement, Developer (on behalf of itself, its predecessors and successors) hereby releases Petitioner and its respective owners, affiliates, members, officers, employees, agents, attorneys, and all persons and entities acting by, thru, under or in concert with them, or any of them, from any and all claims, demands, liabilities, obligations, costs, expenses, fees, actions, and/or causes of action that Developer has or had, except as expressly reserved herein, arising out of, or connected to, directly or indirectly to the Project approval or the Lawsuit (including the existence, prosecution or defense thereof), whether known, unknown or suspected, and Developer hereby waives the provisions of Civil Code section 1542, which provides as follows:

Section 1542. (General Release - Claims Extinguished.) A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

The release in this Section 3(b) is a separate consideration for the release contained in Section 3(a), and Developer would not have executed this Agreement nor agreed to this Section 3(b) but for the release contained in Section 3(a). Developer does not waive any claims, demands, liabilities, obligations, costs, expenses, fees, actions, and/or causes of action which do not arise out of the Project approvals or the Litigation. c. Each Party expressly waives and relinquishes all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction, with respect to the claims released hereunder.
d. Each of the Parties has executed this Agreement voluntarily, with full knowledge of its significance, and with the express intention of affecting the legal consequences provided by a waiver of California Civil Code Section 1542.

4. Exclusive Remedies. The Parties' sole and exclusive remedy for breach of this Agreement must be an action for specific performance or injunction. In no event will any Party be entitled to monetary damages for breach of this Agreement. In addition, no legal action for specific performance or injunction can be brought or maintained until:
(a) the non -breaching Party provides written notice to the breaching Party which explains with particularity the nature of the claimed breach, and (b) within thirty (30) days after receipt of said notice, the breaching Party fails to cure the claimed breach or, in the case of a claimed breach which cannot be reasonably remedied within a thirty (30) day period, the breaching Party fails to commence to cure the claimed breach within I I4I 605.04/OC
371103-00032/4-10-I 7/kerial

such thirty (30) day period, and thereafter diligently complete the activities reasonably necessary to remedy the claimed breach.

5. Governing Law; Venue. This Agreement shall be deemed executed and delivered within the State of California; the rights and obligations of the Parties hereunder must be governed, construed and enforced in accordance with the laws of the State of California.

The venue for any dispute arising from or related to this Agreement, its performance, and its interpretation must be the Superior Court of California, County of Riverside.

6. Entirety of Agreement. This Agreement is entered into in full compromise of disputed claims. It is fully acknowledged by all parties hereto that the execution of this Agreement and the payment of consideration and performance hereunder is not and must not be construed in any way as any admission of liability or wrongdoing on the part of any of the parties hereto, and that all parties completely and expressly deny any liability and merely intend by their actions pursuant hereto to avoid prolonged and further litigation. This Agreement represents and contains the entire agreement and understanding among the parties hereto with respect to the subject matter of this Agreement and supersedes any and all prior written and oral agreements and understandings. This Agreement may be amended or modified only through a writing executed by all the Parties.

7. Assignment. Developer may assign and delegate any or all of its obligations under this Agreement to any purchaser, assignee, tenant, end user, etc. of the Project, without consent of Petitioner. The obligations of Developer under this agreement must be assigned via assignment contract and by incorporating the terms herein into contract provisions for the sale, lease, and/or transfer of the property to any purchaser, assignee, tenant, end user, etc. of the Project. Developer must provide notice to Petitioner of assignment upon execution of any assignment contract. Any purchaser, assignee, tenant, end user, etc. thereby accepts, and must be subject to, the obligations of this Agreement.

8. Severability. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

9. Notice. Any notice or communication given or permitted to be given under this Agreement must be deemed to have been given three (3) calendar days following deposit of such notice or communication in the United States mail with first class postage prepaid, certified mail return receipt requested, and addressed as follows:

If to Developer:

Neil Brandom
1300 Quail, Suite 100
Newport Beach, CA 92660
[email protected]
1141805.04/OC
371103.00032/4-10-17/keflal
-10-

With a copy to:

William R. Devine, Esq.

Allen Matkins Leek Gamble Mallory & Natsis LLP
1900 Main Street, Fifth Floor
Irvine, CA 92614
[email protected]
If to Petitioner:

Sierra Club
Attn: Aaron Isherwood, Coordinating Attorney
Environmental Law Program
2101 Webster St., Suite 1300
Oakland, CA 94612
[email protected]
With a copy to:

Kimberly Foy, Esq.

Johnson, Smith & Foy
P.O. Box 1029
Temecula, CA 92593
[email protected]

10. Modification. This Agreement may be amended or modified only through a writing executed by all the Parties.

11. Further Assurances. The Parties shall act in good faith and shall take all further actions reasonably necessary to effectuate the letter and the spirit of this Agreement.

12. No Obligation to Develop. Nothing in this Agreement obligates Developer to proceed with development of the Project, and the Parties acknowledge that the decisions of whether or not to proceed with such development, and the timing of such development, are solely within Developer's discretion.

13. Authorization. Each individual signing this Agreement represents and warrants that he or she has been authorized to do so by proper action of the party on whose behalf he or she has signed, and no other or further consent or signature is required.

14. Advice of Counsel; Joint Preparation. This Agreement was prepared by all Parties, and no Party shall be deemed the drafter or have any ambiguities construed against it. Each Party and each person signing this Agreement represents that it has been advised to consult with, and has consulted with its own independent attorney regarding the 1]41805.04/OC
371103-00032/4-10-17/kega1

meaning and consequences of signing this Agreement. Each Party represents that it has read and understands this Agreement and any attached exhibits, and has entered into and signed this Agreement freely and voluntarily without duress, fraud, undue influence or coercion.

15. Successors and Assigns. This Agreement shall bind and benefit the Parties and their respective successors and assigns.

16. Counterparts. This Agreement may be executed in any number of counterparts each of which must be deemed an original and all of which must constitute one and the same agreement. with the same effect as if all parties had signed the same signature page. Any signature page of this Agreement may be detached from any counterpart of this Agreement and reattached to any other counterpart of this Agreement identical in form hereto but having attached to it one or more additional signature pages.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first set forth above.

DEVELOPER:

By:

Name: AJE/L 2.4.4)Q11-0-4--‘
Title: 6t4 a igr-
PETITIONER:

By: XI/
Name: /f? /2-`f' 2 —
Title: Cho/i2,
t 141605.04/00
371103.00032/4- I0-17Ae0al
_12_

Exhibit "ATT
LEED Silver Certification Items that must be Utilized
• Alternative Transportation:
o Bicycle Storage & Changing Rooms: The project will provide secure bicycle lockers within 200 yards of the building entrances for 5% or more of all building users and must provide shower facilities with water conserving shower heads and changing facilities in the building for 0.5% of full-time equivalent occupants. o Low Emission and Fuel Efficient Vehicles: The project will provide preferred parking for low -emission and fuel efficient vehicles for >5% of the total vehicle parking capacity of the site.
o Parking Capacity: The project will meet, but not exceed the number of parking stalls required by the local zoning requirements and must provide preferred parking for carpools and vanpools for 5% of the total parking spaces as set forth in Term B.6 of the Settlement Agreement.
• Site Development:
o Maximum Open Space: As approved by the City, the project will provide vegetated open space within the project boundary in accordance with the local zoning's open space requirement.
• Water Efficient Landscaping:
o The project will reduce potable water consumption for irrigation by 50% from a calculated mid -summer baseline case.
• Storm Water Design:
o Quality Control: Developer will implement the City -approved Storm Water Pollution Prevention Program (SWPPP).
• Water Use Reduction:
o The project will utilize water reduction usage measures, such as very low flow toilets.

The Project will employ strategies that in aggregate use 30% less water than the water use baseline calculated for the Project buildings (not including irrigation). • Optimize Energy Performance: The Project will demonstrate a percentage improvement in the proposed Project buildings" performance rating compared to the baseline Project buildings' performance rating.
• Enhanced Commissioning: The project will verify the building's systems operate and perform as intended.
• Construction Waste Management: The project will recycle and/or salvage a minimum of 50% (by weight) of non -hazardous construction and demolition debris. 1141805.04/OC
371303-0003214-10-17/ke>'!el
-1 -

• Recycled Content: The project will use materials with recycled content such that the sum of post -consumer recycled content plus one-half of the pre -consumer content constitutes at least 10% (costbased) on the total value of the materials in the project. • Regional Materials: The project will use building materials or products that have been extracted, harvested or recovered, as well as manufactured, within 500 miles of the project site for a minimum of 20% (cost -based) of the total materials value. • Increased Ventilation: The project will increase breathing zone outdoor air ventilation rates to all occupied spaces by at least 30% above the minimum rates required by ASHRAE Std. 62.1-2004.
• Construction IAQ Management Plan: The project will develop and implement an Indoor Air Quality (IAQ) Management Plan for the construction and pre -occupancy phases of the building.
• Low Emitting Materials: The project will utilize only those paints and coatings that comply with LEED Indoor Environmental Quality standards. • Innovation in Design: The project will utilize locally -sourced concrete and interior fixtures providing a 40% water use savings.
• LEED Accredited Professional: At least one principal participant of the project team will be a LEED Accredited Professional (AP).
• Heat Island Effect-Nonroof: Use hardscape materials with an SRI of at least 29. • Recycling of All Used Materials: Recycling bins will be provided throughout the site for recycling during the operation of the building. Recycling of construction waste will be required to the greatest degree practicable.
• Low -flow Urinals: Very low flow urinals will be used in the facility which will provide a 30% reduction in water use over typical low -flow urinals. • Automatic turn on and off for lavatory faucets -- reduce use from baseline 1/2 gal. per minute: These products will be installed throughout the building. • Photo Sensors for Lighting: Motion sensors will be installed in the office areas of the building to turn off all lighting (except security lighting) when these areas of the building are not occupied. At least 3% of the roof must be comprised of roof -mounted skylights, which will provide substantial natural light in the warehouse areas. Sensors will be installed in the warehouse areas to automatically turn off artificial area lighting when ambient light is adequate.
• Reduce carpet and flooring glue toxics by environmentally friendly carpet and nontoxic glue: Only low VOC carpeting, paint and adhesives will be used throughout the building.
1141805.04/0C
371 103-00032/4-10-17I1ceflal

• 50% of Construction Waste Salvaged or Recycled: The project will salvage or recycle as much construction waste as is feasible, but in no case less that 50% by weight of such waste. The project may utilize recycled (crushed) concrete during construction for temporary access roads and for paving base where acceptable. The project is directing green waste from clearing operations during construction, to a location for mulching and may be re -used.
• Thermal Controls in Various Work Spaces: The warehouse area is not heated or cooled, utilizing a controlled air exchange system to moderate interior temperatures. The office and commercial areas will be served by a number of 11 VAC zones each with its own controls. The units will be equipped with an automatic time switch with an accessible manual override that allows operation of the system during off -hours. • Monitoring system that keeps track of all systems so that response can be quick if one of the systems does not function properly: The Project will include a building systems monitoring program.
• Independent Venting for Toxic Places: The storage of toxic materials, as identified by the State of California, will be in accordance with all applicable building code requirements. Separate ventilation systems will be provided for storage areas for hazardous chemicals in order to minimize and control pollutants in the buildings. The Project will provide entryway systems to prevent the infiltration of dirt and particulates into the indoor environment.
• The building occupant/owner must share whole -project energy and water usage data for at least five years with the US Green Building Council or Green Building Certification Institute. Developer will provide all documentation used to secure LEED Silver certification including any tenant operational documentation. Such documentation requirements will be addressed in the lease documents.
1141805.04IOC
371103.00032/4-10-17/keilal

EXHIBIT B
10' MADE EASEMENT FOR
FIBER OPTIC CABLE '•a .

MAY 21. 2002 AS FM.

NO. 2002-269038, O.R.

FUTURE 4th STREET
Pu.N Bauman,
=AK"1.1.11.11PINneftenBrd CppeNr'gacl S.a Fry..
agrw.rwl, IeswneM Lo[Mm
'Yew., cn. 6 e2 ec
Jt EaabI.J , n . E 92 Sc
MI 9rrge Ae+a.etotw Lyanr�rvna. ww A0ec
Nr,y.Is u..,IUi— ----

GLENN WKOS ASSOCEA TES
E,np !B
, uan. TN 41,
50' MADE EASEMENT TO

METROPOLITAN WATER
WATER DISTRICT. REC.

OCTOBER 11, 1930 IN
BK. 144, PG. 80, O.R.

INODEN CANYON INDUSTRIAL PARA

SPLCIF IC PLAN PROACT

BAUME ONTA -c A L I F O R N I
Staff Report
TO: City Council
FROM: Carole Kendrick, Interim Community Development Director DATE November 19, 2024
SUBJECT: Planning Project and Building Permit Tracking
Description Analysis of project and permit tracking with suggestions to reduce processing times and establish measurable results.

Background and Analysis:

On October 1st at the City Council meeting, Councilmember White inquired regarding tracking of planning projects and building permits.

Mandates
The Permit Streamlining Act (Govt Code § 65921) applies only to "development projects" as defined in Govt Code § 65928 "development project" defined as: Any project undertaken for the purpose of development, including a project involving the issuance of a permit for construction or reconstruction but not a permit to operate. Does not include any ministerial projects proposed to be carried out or approved by public agencies.

Does not apply to legislative land use decisions, such as amendments to the zoning ordinance or general plan, the approval or disapproval of final subdivision maps (Govt Code § 65927), permits for ministerial projects (Govt Code § 65928), projects which do not involve the exercise of governmental discretion, administrative appeals (Govt Code § 65922).

The clock starts when applicant submits a completed permit application. The agency has 30 days to inform applicant whether the application is complete (Govt Code § 65943). If Agency fails to inform the applicant within that 30 -day period, the application is "deemed complete" IF the application included the statement that it is an application for a development project even if the application is deficient (Govt Code § 65943).

A new 30 -day period begins with each re -submission of an application (Govt Code § 65943). Agencies are prohibited from requiring that applicants waive, or agree to

extend, these time limits (Govt Code § 65940.5). Agencies are required to make lists available to the public that specify in detail the information required for each application (Govt Code § 65940), lists may be revised but such revisions generally apply prospectively only and not to pending applications (Govt Code § 65942). Agencies are prohibited from requiring applicants to submit at the initial application stage all information required by the agency to take final action on the project (Govt Code § 65944)
California Environmental Quality Act (CEQA)
An agency must complete its initial environmental study 30 days after a private project application is accepted as complete or deemed complete and determines whether to require the preparation of an Environmental Impact Report (EIR) or Negative Declaration.

Failure to make this determination within 30 days does not nullify the agency's determination to require further environmental review, as CEQA's time limits are directory, not mandatory. There's no sanction for agency's failure to comply and the 30 -day time limit for completing the initial environmental study may be extended by 15 days if the applicant consents.

Negative Declaration
• Must be adopted 180 days after the application is accepted as complete • 60 days after adoption of the Negative Declaration (or project is determined exempt from CEQA), agency must approve, disapprove or conditionally approve the project
• An unreasonable delay by the applicant in meeting requests necessary for the preparation of the Negative Declaration may serve to delay the approval period, or even result in project disapproval (CEQA Guidelines § 15109)
Subdivision Map Act
A tentative map may not be deemed approved under the Permit Streamlining Act under any circumstances unless the map satisfies all applicable subdivision regulations (Govt Code § 66452.4). A tentative map may not be deemed approved under the Permit Streamlining Act unless due process requirements, such as notice and a hearing, are satisfied (Horn v Ventura County).

Case Studies
Staff has compiled a sample set of planning case studies from various application processes to demonstrate how similar projects were handled in the past, showing the feasibility and potential success of a proposed development. This may also help address any concerns by providing clear examples of how a project aligns with planning policies and regulations.

Summit Station (Legislative) included nine (9) applications that were submitted on August 20, 2021. The entire entitlement process was completed in 14 months, with applicant resubmittals occurring from one (1) to three (3) months. A timeline of the project's history is provided below:
• 8.20.21 Application Paid
• 9.16.21 DRC
• 10.21.21 Scoping Meeting
• 12.28.21 Resubmittal
• 1.13.22 DRC
• 2.11.22 Resubmittal
• 2.24.22 DRC
• 4.14.22 Resubmittal
• 4.21.22 DRC
• 6.06.22 Resubmittal
• 6.28.22 Planning Commission
• 7.19.22 City Council (cancelled)
• 10.18.22 City Council
Beaumont Village (Quasi -Judicial) included six (6) applications that were submitted on July 30, 2019. The entire entitlement process took approximately five (5) years with applicant submittals occurring between two (2) to nine (9) months at an overall average of over 6.6 months between resubmittals.
• 7.30.19 Submittal & Paid
• 8.06.19 Transmittal
• 9.19.19 Incomplete Letter
• 4.27.20 Resubmittal
• 5.07.20 DRC
• 3.01.21 Resubmittal
• 3.25.21 DRC
• 11.27.21 Resubmittal
• 6.03.22 Resubmittal
• 6.30.22 DRC
• 8.17.22 Resubmittal
• 9.08.22 DRC
• 2.13.23 Resubmittal
• 3.02.23 DRC
• 10.09.23 Resubmittal
• 1.05.24 Resubmittal
• 1.25.24 DRC
• 3.26.24 Resubmittal
• 5.08.24 Planning Commission
• 5.21.24 City Council (continued)
• 6.12.24 Planning Commission
• 7.16.24 City Council
Administrative Plot Plan/Certificate of Occupancy Case Studies

Spiritualist Boutique Administrative Plot Plan and Certificate of Occupancy (CofO) had a total processing time of five (5) months. Significant delays were the result of not receiving the signed conditions of approval in a timely manner. • 7.8.24 Applied and Invoice sent
• 7.15.24 Invoice Paid
• 7.25.24 DRC
• 8.1.24 Conditions of Approval
Sent
• 9.1.24 Conditions of Approval
Sent
• 9.5.24 Conditions of Approval
Sent
• 10.11.24 Conditions of Approval
Sent

10.15.24 Conditions of Approval
Sent
• 10.23.24 Received Signed COA
• 10.23.24 CofO Entered and
Routed

10.25.24 and 10.28.24 Review
Completed
• 10.29.24 Invoice sent
• 11.8.24 Fees Paid

11.13.24 Inspection Complete
Nata Construction Administrative Plot Plan and Certificate of Occupancy (CofO) had a total processing time of seven (7) weeks.
• 7.1.24 Applied and Invoice sent
• 7.1.24 Invoice Paid
• 7.11.24 DRC
• 7.18.24 Conditions of Approval
Sent
• 7.18.24 Received Signed COA
• 7.19.24 CofO Entered and
Routed
• 7.24.24 Review Completed
• 7.24.24 Invoice sent
• 7.24.24 Fees Paid
• 8.16.24, 8.20.24, 8.21.24
Inspection Complete
A flowchart is provided as Attachment A that details the building permit process.

Attachment B shows the workflow for the Administrative Plot Plan and CofO process.

Staff Recommendations to Further Enhance Customer Experience Business Concierge Services
Having a dedicated business concierge service can lead to a more favorable business environment, attracting and retaining businesses, creating jobs, and ultimately improving the economic vitality of the community. The assigned business concierge will ultimately help to simplify complex processes, provides valuable resources, and foster collaboration —all of which contribute to a more robust and sustainable local economy.

With the Economic Development Manager position vacant, the business concierge service is currently assigned to the Management Analyst position until such time as the Manager position is filled and can be reassigned to the Manager. Additionally, on

tonight's agenda is staff's recommendation to create an Economic Development Director position, which will solidify the full implementation of City Council's vision for this program.

Public Development Review Committee (DRC)
In October, staff implemented applicant invitations to the DRC. In just a short time, the changes have been well received by the development community as the applicant now has access to all relevant departments to discuss project concerns and solutions.

How to Videos
The Building Department has created the first of a series of "how to" videos for the public and development community in English and Spanish. How to schedule an inspection is available on YouTube and is linked through the City's website at https://www.beaumontca.gov/1342/How-to-Videos .

The Building Department is working on additional "how to" videos that include creating an account, submitting online and converting handouts to videos. "How to" videos will also be created for opening new businesses, planning application processes, and other frequently asked questions about the overall development process.

Revision to the Administrative Plot Plan Process
As staff is working with our consultant on the Zoning Code update, it was identified that the City may want to consider merging the Administrative Plot Plan and the Minor Plot Plan. Both applications are approved administratively, unless a Minor Plot Plan is conditioned for Planning Commission and/or City Council review.

The Beaumont Municipal Code Section 17.02.070.6.1 states that an administrative plot plan application, not requiring a public hearing, shall be required for the following:
a. Occupancy or assumption of a structure where building occupancy classification will change from the previously established or permitted use.

Occupancy or assumption of an existing use or business which conforms to this Zoning Ordinance and does not change building occupancy classification does not require an Administrative Plot Plan but does require an updated Business License.
b. Site plans for a single-family dwelling unit on an existing legal lot and other residential projects with two to four dwelling units on one legal lot. c. Development plans that are exempt from the California Environmental Quality Act.

Occupancy and single-family residential applications go through a process through the Planning Department before construction plans can be submitted for a building permit.

The recommendation is to remove the Administrative Plot Plan (APP) application and allow occupancy and single-family residential applications to submit for a building permit. The removal of the APP would reduce the number of applications, and timing for residents and the development community.

Building permits are currently routed to Planning for review and consistency with their (APP). Planning staff can conduct the planning review under the building permit.

Generally, this proposal will streamline the process but will reduce the identification of issues early on in the process.

Fees may need to be established for cost recovery efforts for planning review under building permits.

Adding Online Tracking — Planning and Public Works Cases The City's current software has the ability for the public to track the progress of their application and/or permit. The applicant must first create an account and have the case number readily available. Currently only building permits can be tracked online. The Planning Department is working on identifying workflows to be added into our application types, that once established would allow for online tracking of Planning cases. Public Works will also provide online tracking, specifically due to the number of studies that are reviewed by Public Works in conjunction with Planning applications.

Reporting
The City's permitting system includes standard and custom reports. The Building Department produces regular reports that identify plan checks that have not been completed during the prescribed time frame. This report is then provided to all staff members that are listed. Community Development and Public Works staff intend to produce similar reports regarding overdue tasks and will monitor them frequently to ensure accountability.

Fiscal Impact:

The cost to prepare this report is approximately $500.

Recommended Action:

Discussion and direction to staff.

Attachments:

A. Building Permit Process Flow Chart
B. Administrative Plot and Certificate of Occupancy Flow Chart Incorporated by Reference:

City of Beaumont 2040 General Plan
City of Beaumont Zoning Ordinance
City of Beaumont Strategic Plan
Permit Streamlining Act
California Environmental Quality Act (CEQA)
California Subdivision Map Act
City of Beaumont Planning Department Project File Tentative Parcel Map 37440 PM2019-0006, Plot Plan PP2019-0222, Conditional Use Permits CUP2017-0010, CUP2019-0037, CUP2019-0038, Mitigated Negative Declaration & Mitigation Monitoring & Reporting Program ENV2019-0010, Specific Plan (SP2021-0005), Tentative Parcel Map 38223 (PM2021-0009), General Plan Amendment (PLAN2021-0656), Plot Plan (PP2021-0388), Plot Plan (PP2021-0390), Plot Plan (PP2021-0391), Environmental Impact Report (ENV2021-0017), Administrative Plot Plans (PP2024-0035) and (PP2024-0038)

Building Permit Process

COMMUNITY DEVELOPMENT
START
1 Applicant has
obtained
development
approval from the
Planning Department
1 Applicant submits
Permit Application,
Plans and Payment
Corrections and
Resubmits
Plans Routed to
Departments for
Review
All Department
Approved Plans
1 Outside Agency
Approvals
Determined
Applicant Contacted
to Submit Required
Documents
/\
4—)

BEAUMONT
—C A L I F O R N I A —
Permit Fees
Calculated
v
Invoice Emailed to
Applicant
1 Payment Received
Y
Applicant Issued
Permit
1 PLAN REVIEW

COMPLETE

1 Current
Process
DRC Meeting -
planning staff receives
department comments
Comment/ Conditi0
o
letter is provided to
application for review
and signature
Zoning
Verification
form
Completed
Applicant completes
New Business
Application/CofO
application.
all
Development Review
Committee
Scheduled
Building Staff receive
Certificate of Occupancy
application and provides
invoice to applicant.

Application inputte
and provides invoice for
applicant.

Once payment has be
received, applicant can
now request fire and
building inspections.

CofO
and BL
Issued

BAUME ONTA -C A L I F O R N I
Staff Report
TO: City Council
FROM: Nicole Wheelwright, Deputy City Clerk
DATE November 19, 2024
SUBJECT: City Council Meeting Dates for 2025
Description A review of holidays and conferences in 2025 to avoid a conflict of schedule.

Background and Analysis:

This item provides a snapshot of holidays and conferences that may pose a conflict of schedule with the regularly scheduled City Council Meetings. Staff is recommending a cancellation of the following City Council Meetings:

City Council Meeting Date
Event / Holiday
January 7, 2025
Agenda packet preparation falls on City
Hall closure days
May 20, 2025
Last day of ICSC Conference
July 1, 2025
Historically, the Council has voted to go
dark the first meeting in July
August 5, 2025
In 2024 Council voted to also go dark for
the first meeting in August
Fiscal Impact:

Staff estimated the cost to prepare this staff report to be $75.

Recommended Action:

Approve the list of meeting cancellations and direct the City Clerk's Office to post cancellation notices for each.

S:EP
BILLING DEPARTMENT REPLY To:
[email protected] Palm Springs, California
November 7, 2024
CITY OF BEAUMONT PROFESSIONAL SERVICES THRU: 10/31/2024 TOTAL DUE:

Sincerely,

SBEMP, LLP
By: Accounting Department
$144,268.26

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
ww.

SEiP

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
November 7, 2024
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Baker
Professional services through: 10/31/2024: Invoice # 90446 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$1,402.50

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
November 7, 2024
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Blackwell
Professional services through: 10/31/2024: Invoice # 90447 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$572.00

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
November 7, 2024
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*BP CEQA
Professional services through: 10/31/2024: Invoice # 90448 Amount
BALANCE DUE — PLEASE SUBMIT PAYMENT: $27,723.10

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
November 7, 2024
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Cazares&Rosa
Professional services through: 10/31/2024: Invoice # 90449 Amount
BALANCE DUE — PLEASE SUBMIT PAYMENT: $16,716.30

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
November 7, 2024
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*CCV Holdings
Professional services through: 10/31/2024: Invoice # 90450 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$4,107.60

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
November 7, 2024
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Fernley
Professional services through: 10/31/2024: Invoice # 90451 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$39.00

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
November 7, 2024
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Iloputaife
Professional services through: 10/31/2024: Invoice # 90452 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$1,182.50

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

SEiP

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
November 7, 2024
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Police Dept
Professional services through: 10/31/2024: Invoice # 90453 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$3,083.10

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
November 7, 2024
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*SenecaSprings
Professional services through: 10/31/2024: Invoice # 90454 Amount
BALANCE DUE — PLEASE SUBMIT PAYMENT: $16,848.30

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
November 7, 2024
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*SierraClub
Professional services through: 10/31/2024: Invoice # 90455 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$15.95

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

SEiP

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
November 7, 2024
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont* Webb
Professional services through: 10/31/2024: Invoice # 90456 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$3,972.30

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
November 7, 2024
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Wright
Professional services through: 10/31/2024: Invoice # 90457 Amount
BALANCE DUE — PLEASE SUBMIT PAYMENT: $14,331.61

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
November 7, 2024
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont -Gen Lit
Professional services through: 10/31/2024: Invoice # 90458 Amount
BALANCE DUE — PLEASE SUBMIT PAYMENT: $10,941.50

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

SEiP

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
November 7, 2024
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont-Labor&Employ
Professional services through: 10/31/2024: Invoice # 90459 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$95.60

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
November 7, 2024
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont-OverRetainer
Professional services through: 10/31/2024: Invoice # 90461 Amount
BALANCE DUE — PLEASE SUBMIT PAYMENT: $35,685.90

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
November 7, 2024
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont -Retainer
Professional services through: 10/31/2024: Invoice # 90462 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$7,551.00

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com