Agenda packet — Beaumont City Council, June 17, 2025 (part 5 of 21)

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14. INDEMNIFICATION/ INSURANCE REQUIREMENTS
A. Duty to Defend and Indemnify.

CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be frilly protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' tees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either as set forth herein. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein.

To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CI'I"Y, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and/or employees) is alleged to be an employee of CITY. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY.

Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.

B. Insurance.

CONTRACTOR shall procure, pay for, and maintain during the term of this Agreement:
1) Commercial Liability Insurance with a minimum combined single limit coverage of $1,000,000 per occurrence, and a $2,000,000 General Aggregate Limit for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof. 2) Workers Compensation Insurance to cover obligations imposed by federal and state statutes having .jurisdiction or employees engaged in the performance of the work or services of not less than $1,000,000 per accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. Workers Compensation Insurance will be obtained as required by applicable law and in amounts as required by applicable law.
3) CONTRACTOR shall furnish evidence of such coverage to CITY and will provide 30 days' written notice of policy lapse or cancellation, or of a material change in policy terms. 4) CONTRACTOR does not own any vehicles. However, CONTRACTOR does have coverage for non -owned vehicles under its commercial liability policy. Therefore, CONTRACTOR does not carry and shall not be obligated to carry separate automobile liability coverage. 5) CONTRACTOR shall not commence work under this Agreement until it has furnished evidence of the insurance coverage required by this Section to CITY. For Commercial Liability insurance policies, CONTRACTOR shall provide CITY, prior to commencement of work, with a separate endorsement which states that the policy contains the following language:
(a)
the insurer waives the right of subrogation against CITY and CITY'S elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers; and (b) insurance shall be primary non-contributing.
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6) All insurance required by this Agreement shall be carried only by responsible insurance corn panics licensed and admitted, or otherwise legally authorized to carry out insurance business in California with a current A.M. Best's rating of no less than A:VIL C. No Third Party Beneficiaries.

The provisions of this Section are solely for the benefit of the Parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. This Section 14 shall survive termination of this Agreement.
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15. STATE AND FEDERAL TAXES
As CONTRACTOR k not CITY'S employee, CONTRACTOR shall be responsible for paying all required state and federal taxes owed by CONTRACTOR. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that:
a. CITY will not withhold FICA (Social Security) from CONTRACTOR'S payments; b. CITY will not make state or federal unemployment insurance contributions on CONTRACTOR'S behalf;
c. CI'T'Y will not withhold state or federal income tax from payment to CONTRACTOR; d. CITY will not make disability insurance contributions on behalf of CONTRACTOR; and e. CITY will not obtain workers' compensation insurance on behalf of CONTRACTOR.

16. TERMINATION
A. Expiration.

If the term of this Agreement expires and is not extended in accordance with other provisions of this Agreement, then CONTRACTOR shall be paid all amounts due CONTRACTOR hereunder with respect to all periods through the date of termination, including CONTRACTOR's basic fees under Section 7A with respect to animal licenses or renewals that are in process at the time of termination.

13. For Cause.

CITY may, at its option and without prejudice to any other remedy it may be entitled by law or in equity, or elsewhere under this Agreement, terminate this Agreement due to a material default by CONTRACTOR in the performance of the Services under this Agreement, but if and only if CONTRACTOR fails to cure the default within thirty (30) days after being given written notice of such default by CITY. For purposes of this section, written notice will be deemed delivered to CONTRACTOR if sent by e-mail, facsimile, or first class mail_ In the event of such termination, CONTRACTOR shall be entitled to payment for all amounts due CONTRACTOR hereunder with respect to all periods through the date of termination, including CONTRACTOR's basic fees wider Section 7A with respect to animal licenses or renewals that are in process at the time of termination.

C. Termination of Licensing Program.

CITY may terminate this Agreement upon not less than ninety (90) days prior notice to CONTRACTOR if CITY determines to terminate its animal licensing program. Upon such termination, CONTRACTOR shall be entitled to payment for all amounts due CONTRACTOR hereunder with respect to all periods through the date of terrination plus an additional amount (the "Cancellation Fce") equal to the sum of all compensation payable to CONTRACTOR under this Agreement for the three calendar months in which the highest monthly compensation was payable to CONTRACTOR hereunder during the twelve (12) calendar months preceding the date of termination (or if shorter during the period front the Execution Date until the date of termination). The parties agree that the Cancellation Fee is reasonable compensation to CONTRACTOR for its lost revenue resulting from the early termination of this Agreement by CITY and is not a penalty.

17. UNFORESEEN CIRCUMSTANCES/FORCE MAJEURE
CONTRACTOR shall not be responsible for ally delay or omission in the performance of any of CONTRACTOR's obligations under this Agreement to the extent caused by natural disaster, power outages, war, civil disturbance, labor dispute or other cause beyond CONTRACTOR's reasonable control. To the extent CONTRACTOR is able to do so, CONTRACTOR shall provide notice to CITY of any event described in this Section within ten (10) business days after the occurrence of such event.
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18. RIGHT OF CITY TO INSPECT RECORDS
CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, during the term of this Agreement and for a period of three (3) years following the term of this Agreetnent to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR may elect to maintain books, records and documents in an electronic format, in a database, on paper, or a combination of the aforementioned. After the termination of this Agreement, paper records and supporting documents will either be shipped to CITY or destroyed, at CITY'S option, at CITY'S expense. Records that relate to any litigation, appeals, or settlements of claims arising from performance under this Agreement shall be made available until a final disposition has been made of such litigation, appeals, or claims.

19. NOTICES
Any notice, payment, statement, or demand required or permitted to be given hereunder by either Party to the other shall be effected by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be addressed to the Parties at the addresses appearing below, but each Party may change its address by written notice in accordance with this Section. Mailed notices shall be deemed communicated as of three (3) days after mailing.

Notices to CITY shall be addressed as follows:

City of Beaumont
Attn: ChiefofPolice
660 Orange Avenue
Beaumont, CA 92223
Telephone: 951-769-8500
Fax: 951-769-8508
E-mail: [email protected]
Attn: Chief of Police
Notices to CONTRACTOR shall be addressed as Iollows:

Chris Richey, President
PctData, Inc.

P.O. Box 141929
Irving, Texas 75014-1929
8585 N Stemmons Fwy, Suite 1100-N
Dallas, Texas 75247
214-821-3106
(if mailed)
(if delivered)
(facsim i lc)
Any such notice shall be effective (a) if delivered personally or by courier, when received, (b) if sent by overnight courier, when received, (c) if mailed, on the second business day after being mailed as described above, and (d) if sent by confirmed (either personal or machine) written telecommunication, when dispatched. Any Party may change any of its contact information for notices upon not less than ten (10) days' prior notice to the other Party in accordance with this Section.

The provisions of this Section shall not govern the means of submission of invoices by CONTRACTOR to CITY under this Agreement.

20. CONTRACTOR'S SYSTEM
CITY acknowledges that CONTRACTOR has developed and coordinated proprietary means and methods of performing the Services and related know-how, skills, and property (collectively, the "System"). The System includes, among other items, an interactive website, databases, software, and related items. The System is special and unique to CONTRACTOR and has been developed by CONTRACTOR at great cost and expense to CONTRACTOR. CITY acknowledges that CITY - 10 -

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is not acquiring any rights in or to the System, and that the System is and will remain the sole and exclusive property of CONTRACTOR. CITY further acknowledges and agrees that any information that CITY obtains related to the use, formulation or operation of the System that is not generally known is CONFIDENTIAL, may only be used by CITY for the limited purposes described in this Agreement, and may not be disclosed to any third parties except as may be required under applicable law or with CONTRACTOR's prior, express written consent in CONTRACTOR's sole discretion.

Upon the termination of this Agreement, any information and materials, in whatever media or format, related to the System that CITY has in its possession will be returned to CONTRACTOR or destroyed at CONTRACTOR's option. CITY agrees that it will not attempt to discover, duplicate, or replicate the System in any manner.

21. MISCELLANEOUS
A. Governing Law.

This Agreement shall be governed by and construed in accordance with the taws of the State of California.

B. Entire Agreement.

This Agreement, including any exhibits hereto, supersedes any and all prior agreements, whether oral or written, between the Parties hereto with respect to the rendering of services by CONTRACTOR for CITY and contains all the covenants and agreements between the Parties with respect to the rendering of such services in any manner whatsoever. Each Party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding.

No other agreements or conversation with any officer, agent, or employee of CITY, prior to execution of this Agreement, shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY.

C. Severability.

In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement.

D. Successors and Assigns.

CONTRACTOR shall not assign this Agreement to any person or entity without the express written agreement of CITY which CITY may withhold in its absolute discretion. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors, and, except as otherwise provided herein, their assigns.:

E. General.

All references in this Agreement to sections and other subdivisions refer to corresponding sections and other subdivisions of this Agreement unless the context indicates otherwise. Titles appearing at the beginning of any such sections or subdivisions are for convenience only and shall not constitute part of such sections or subdivisions and shall be disregarded in construing the language contained in such sections or subdivisions. These words "this Agreement", "tills instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. Words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. Words in any gender (including the neutral gender) shall include any other gender, unless the context otherwise requires. Examples shall not be construed to limit, expressly or by implication, the matter they illustrate. The word "includes" and its derivatives shall mean "includes, but is not limited to" and corresponding derivative expressions. The term "or" includes "and/or." All exhibits attached to this Agreement are incorporated herein by reference. No consideration shall be given to the - I -

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fact or presumption that one Party had a greater or lesser hand in drafting this Agreement. All references herein to "$", "dollars", or other sums of money shall refer to U.S. Dollars. References in this Agreement to "business days" shall refer to days other than Saturdays, Sundays, or other days on which CITY offices are closed. Any references in this Agreement to "days" other than business days shall refer to calendar days. Time is of the essence of this Agreement. No delay or forbearance in asserting any right or enforcing any obligation under this Agreement shall constitute a waiver of such right or obligation.

F. Authorization.

Each of the Parties represents and warrants to the other that this Agreement has been duly authorized by all necessary corporate or governmental action on the part of the representing Party and that this Agreement is fully binding on such Party.

G. Counterparts.

This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and ail of which together shall constitute one and the same instrument.

II. Captions.

The captions to the various clauses of this Agreement are for information purposes only and shall not alter the substance of the terms and conditions of this Agreement.

I. Waiver.

The Parties agree that waiver by the other of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.

J. Venue,
All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California. - 12 -

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EXECUTED by CITY and by CONTRACTOR on the respective dates set forth below to be effective as of the Execution Date.
"CITY"

CITY OF BEAUMONT
California municipal corporation
By: - -
Mike Lara
Its: Mayor
Date:

ATTEST:

City Clerk
APPROVED AS TO FORM:

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
City Attorney
"CONTRACTOR"
PETDATA, INC.

Texas for -pr fcorporation
j
✓° "
By: (j
Printed Name: C I C +S,7 1 e✓ A e, c l , y
Title: Veer (It `/
Date:

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EXHIBIT A
Description of Services
This exhibit is attached to and a part of the above and foregoing Agreement for Animal Licensing Services (Agreement). Terms used in this exhibit that are not defined in this exhibit but which are defined elsewhere in the Agreement shall have the respective meanings given to them in the other provisions of the Agreement.

In the event of any conflict between any of the provisions of this exhibit and the other provisions of the Agreement, the other provisions of the Agreement shall control.

CONTRACTOR RESPONSIBILITIES
Process License Applications
A. Receive and process animal license applications through the mail.

B. Provide online licensing and process applications initiated through CONTRACTOR's website.

C. Enter new and renewal license applications into CONTRACTOR's proprietary database.

D. Deposit, or transmit for deposit, all receipts collected for license fees, with the exception of those payments made via credit card, into a Bank Account.

E. Mail license tags within I0 business days after receipt of payment and complete documentation as required by local ordinance and/or CITY policy.

P. Update license information in CONTRACTOR'S database and issue replacement tags as needed.

G. If CONTRACTOR collects any payments due CITY from Licensees via credit card transactions that are paid to CONTRACTOR, those payments will be deposited, or transmitted for deposit, into a Bank Account within 15 business days after the end of the calendar month in which collected.

2. Mail License Notices
A. Mail renewal and reminder notices for expiring animal licenses. Renewal notices will be mailed in the month prior to the license expiration date, or as otherwise agreed upon between CONTRACTOR and CITY.

B. Mail billing notices to pet owners who have vaccinated a pet against rabies but have not licensed, if CITY collects rabies vaccination reports from veterinarians.

3. Customer Service for Licensing Program
A. Provide customer service to pet owners via phone, email and mail, and respond to requests in a timely fashion.

B. Provide customer service to CITY staff, and respond to CITY requests in a timely fashion.

C. Provide online access to licensing data to appropriate personnel via CONTRACTOR's proprietary website, at no additional charge.

4. Manage Reports from Authorized Registrars and Veterinary Clinics A. Process and enter license sales records from any registrars and veterinary clinics authorized to self animal licenses.
1) Track tag inventories at all authorized registrars, and reconcile reports. 2) Invoice authorized registrars for licenses sold as needed

13. Process and enter rabies vaccination records from local veterinary clinics ifrabies reporting is required by CITY.

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C. Follow up with delinquent clinics and registrars and report delinquent clinics and registrars to CITY as needed.

5. Provide veterinarians and other authorized registrars with reasonable quantities of supplies (reporting forms, applications or vaccination certificates, citizen mailing envelopes, etc.) necessary to sell license tags and/or report rabies vaccinations to CONTRACTOR. Supplies are to be printed in one color with the design and layout to be determined by CONTRACTOR.

6. Reporting to CITY
A. Send reports to CITY within 15 business days after the end of each month including the number of licenses sold a each location.

B. Provide statistical reports to CITY as requested within a timely manner. Depending on the information requested, CONTRACTOR can provide most reports within five business days.

CITY RESPONSIBILITIES
Purchase license tags to CONTRACTOR's specifications and ship them to CONTRACTOR.

CONTRACTOR recommends that tags be shipped directly from tag vendor to CONTRACTOR to reduce shipping costs.

2. Report CITY license sales electronically or by mail at least monthly by the 10th calendar day of the month far the prior month's sales.

3. Give CONTRACTOR at feast 60 days' notice of license fee or ordinance changes.

4. Respond to CONTRACTOR inquiries hi a timely fashion.

5. Provide feedback to CONTRACTOR regarding program and customer matters.

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BEAUMONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Thaxton Van Belle, Director of Water Reclamation
Sunshine Sanchez, Management Analyst
DATE June 17, 2025
SUBJECT: Follow -Up Report No. 7 — Local State of Emergency — Sewer Mainline Failure and Emergency Repairs in Fairway Canyon
Description City is retroactively pursuing environmental permits due to local emergency caused by the sewer mainline failure in Fairway Canyon.

Background and Analysis:

On March 3, 2025, City staff were notified of a major sewer mainline failure in the Fairway Canyon community caused by slope erosion behind Hogan Drive homes. The incident led to a manhole collapse and a subsequent 15 -inch sewer mainline failure, resulting in a raw sewage spill and the need for emergency response measures.

On March 4, 2025, the City Council adopted a Resolution titled, "A Resolution Of The City Council Of The City Of Beaumont Declaring A Local Emergency And Authorizing The City Manager To Take Necessary Action", which authorized emergency expenditures in an amount not to exceed $500,000, directed staff to provide ongoing reports at each subsequent City Council meeting under California Public Contract Code Section 22050, and authorized the City Manager to take all necessary actions to mitigate further damage and ensure public health and safety.

On March 18, 2025, staff brought a follow-up status report regarding the emergency repairs in Fairway Canyon. No action was taken, but updated pictures were provided, along with an estimated amount of $21,000 that had been expended.

On April 1, 2025, staff brought a follow-up status report regarding the emergency repairs in Fairway Canyon. The full financial impact to date was $432,101, including requisitions added and costs on bypass pumping, equipment and fuel. Staff were approved for an additional $500,000, increasing the total allocation to $1,000,000 to cover the costs for repairs.

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On April 15, 2025, staff provided a follow-up regarding the emergency repairs in Fairway Canyon, which included construction progress updates with pictures and expenditures paid to date.

On May 6, 2025, staff provided an update on construction activity with pictures of completed items.

On June 3, 2025, the City Council re -ratified the Local Emergency Declaration through a second resolution.

On the recommendation of legal counsel, the emergency status remains open while the City pursues environmental permits retroactively.

The costs are displayed in the table below:

Expenditures as of May 30, 2025
Encumbered
Amount Spent
Fuel for bypass pumps
$
2,346.00
$ 7,035.00
Miscellaneous equipment
$
1,294.00
$ 2,590.00
Electrical
$
8,627.00
$ 8,627.00
Charles King (Bypass pumps)
$
40,000.00
$ 23,552.00
Weaver Grading
$
389,500.00
$ 354,500.00
Legal Services
$
-
$ 30,995.00
Total
$
441,767.00
$ 427,299.00
Fiscal Impact:

All emergency -related costs were paid from the Wastewater contingency account.

Although this account has exceeded its budget, Wastewater Fund revenues are tracking higher than anticipated, therefore no reserve funds will be required. Overall, the Wastewater Fund remains within its total appropriated budget.

The estimated cost to prepare this staff report is $150.

Recommended Action:

Direct staff to return at the next Council meeting with a follow-up report on environmental permits.

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BEAUMONT
-C A L I F O R N I A-7
Staff Report
TO: City Council
FROM: Elizabeth Gibbs, City Manager
Nicole Wheelwright, Deputy City Clerk
DATE June 17, 2025
SUBJECT: Second Amendment to Professional Services Agreement with Omni Pro, Inc.

Description Agreement with Omni Pro Inc. for document imaging and quality control services to be extended for one year.

Background and Analysis:

On July 7, 2023, the City entered into a Professional Services Agreement with Omni Pro, Inc., to provide document imaging and quality control services to digitize City records. This Agreement was amended on March 5, 2024, to extend the term of the agreement to July 7, 2025, and to increase the maximum compensation not to exceed Three Hundred and Thirty Thousand Dollars and Zero cents ($330,000.00).

To date, Omni Pro Inc. has digitized over 1,200,000 pages of City records ranging from letter size to large format plan sheets. Omni Pro Inc. also provides quality control checks, indexing, and boxing for long-term storage on City property.

Based on visual evaluation, this project is roughly 75% complete. The remaining documents to be digitized include a substantial amount of large format plan sheets which take more time to image. There are still funds remaining within the project budget.

At this time, staff is only recommending to extend the term of the contract through June 30, 2026, to allow time to complete the project.

Fiscal Impact:

There is no additional fiscal impact associated with this Second Amendment with Omni Pro Inc. Of the $330,000 allocated to this contract, $100,336 is still remaining to complete the project. This project has been budgeted for in GL account 100-1150-7068.

The costs of preparing this staff report is estimated to be $120.

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Recommended Action:

Approve the Second Amendment to the Agreement with Omni Pro Inc. to extend the term to June 30, 2026.

Attachments:

A. Agreement C23-75 — Omni Pro Inc.

B. First Amendment to Agreement C23-75
C. Second Amendment to Agreement C23-75

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City of Beaumont Agreement#
C23-75

AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 7th day of July, 2023, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and Omni Pro, Inc., a California Corporation, whose address is 780 E. Francis Street, Unit Q, Ontario, CA 91761 ("CONTRACTOR").

RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:

A. CITY desires to engage CONTRACTOR to provide Document Imaging and Quality Control Services; and
B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "A" and incorporated herein by this reference; and
C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows:

1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after one (1) year(s) unless extended by the parties with the approval of the City Council of the CITY.

2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") as follows: Document Imaging and Quality Control Services per Exhibit "A". A1I Services shall be performed in the manner and according to the timeframe set forth in the Proposal.

CONTRACTOR designates Akin Mohammed as CONTRACTOR'S professional(s) responsible for overseeing the Services provided by CONTRACTOR.

3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.

4. Compensation.
1

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City of Beaumont Agreement#
C23-75

4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed Seventy Five Thousand Dollars and Zero Cents ($75,000.00).

4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing.

4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY's:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment.

4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advise CONTRACTOR in writing of the disputed portion.

5. Obligations of CONTRACTOR.

5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement, or contain additional terms that purport to bind the CITY other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.

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City of Beaumont Agreement#
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hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement.

5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports.

5.04 CONTRACTOR is responsible for paying, when due, all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker's compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from C0NTRACTOR's failure to comply with this provision.

5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be famished in conformance with local, state and federal laws, rules and regulations.
5,06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity.

5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States.

5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any Ca1PERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY's advance written approval.

5.09 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Thug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug - free workplace.

5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder.

6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall 3

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City of Beaumont Agreement#
C23-75
comply with all laws applicable to worker safety including but not limited to Cal -OSHA.

Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit "B" are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR shall provide the following types and amounts of insurance:

6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured's CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.

6.02 Business Auto Coverage in an amount no less than $1 million per accident.

If CONTRACTOR or CONTRACTOR's employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person.

6.03 Workers' Compensation coverage for any of CONTRACTOR's employees that will be providing any Services hereunder. CONTRACTOR will havea state -approved policy form providing statutory benefits as required by California law. The provisions of any workers' compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents.

6.04 Optional Insurance Coverage. Choose and check one: Required _ /Not Required X ; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed .by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY.

7. General Conditions pertaining to Insurance Coverage

7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise.

7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.

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City of Beaumont Agreement#
C23-75
suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.

7.04 Self-insurance does not comply with these insurance specifications.

CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non- contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY.

7.05 All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY's protection without CITY's prior written consent.

7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.

8. Indemnification.

8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either as set forth herein.

Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed 'to provide the fullest protection possible under the law to CITY.

CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein.
a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement.

CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and/or employees) is alleged to be an employee of CITY.

All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY.
5

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City of Beaumont Agreement#
C23-75
b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.
8A. Indemnification Design Professionals.
8A.01 In the event that CONTRACTOR is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, CONTRACTOR shall indemnify, and hold harmless the City, its officers, employees, trustees and members ("Indemnified Parties") from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney's and consultants' fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death ("Claim(s)"), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties.

The cost to indemnify, hold harmless, and defend charged to CONTRACTOR shall not exceed CONTRACTOR'S proportionate percentage of fault.

9. Additional Services. Changes and Deletions.

9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services.

CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing.

9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council.

10. Termination of Agreement.

10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days' written notice to CONTRACTOR.

10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. 6

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Citr of Beaumont Agrcemrutk
C23-75
Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY.

11. Status of CONTRACTOR.

1.1.01 CONTRACTOR shall perform the Services in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY's City Manager as provided for in this Agreement.

11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, CaIPERS, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.

11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of CITY and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the CITY is located. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement.

12. Ownership of Documents: Audit.

12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY.

12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY.

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City of Beaumont Agreement#
C23-75
compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY's agents for examination all of such records and shall permit CITY's agents to audit, examine and reproduce such records.

13. Miscellaneous Provisions.

13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.

13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. .

13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY's conflict of interest policy.

13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs, in addition to any other relief to which that party may be entitled.

13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in -the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.

13.06 CONTRACTOR covenants that neither it nor any officer or principal of its fine has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder.

CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.

13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and 8

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City of Heaumom A yreement#
L:3-75
during the term of this Agreement.

13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall unmediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR.

13.09 Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.

CITY:

CITY BEAUMONT
B
City Manager
Eli beth M. Gibbs,
CONTRACTOR:

OMNI PRO, INC.

By:

Print Name:

Title:

Yy1,b}}4\rn wn.-en
9

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BEAUMONT BID# CC23-19
Akin MOHAMMED
OMNI PRO INC 780 E. Francis St Unit Q Ontario Ca 91761
age • o

City of Beaumont Request for Proposal

BEAUMONT
EXHIBIT "B"
Document Imaging & Quality Control
Services
Professional Services Agreement

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AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the X day of XXX 2023, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and XXX, whose address is XXX ("CONTRACTOR").

RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:

A. CITY desires to engage CONTRACTOR to provide XXX Services and B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "A" and incorporated herein by this reference; and
C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows:

1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after XX (X) year(s) unless extended by the parties with the approval of the City Council of the CITY.

2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") as follows: XXX per Exhibit "A". All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates XXX as CONTRACTOR'S professional(s) responsible for overseeing the Services provided by CONTRACTOR.

4. Compensation.

4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall

Page 5651 ends

not increase any rate without the prior written consent of the CITY. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed XXX ($XXX).

4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing.

4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15t) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY's:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment.

5. Obligations of CONTRACTOR.

5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all personnel, materials and equipment required to perform the Services. CONTRACTOR shall provide its own offices, telephones, vehicles and computers and set its own work hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement.

Page 5662 ends

5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.

5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity.

5.09 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug - free workplace.

5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder.

6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal -OSHA.

Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached

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hereto as Exhibit "B" are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR shall provide the following types and amounts of insurance:

6.02 Business Auto Coverage in an amount no less than $1 million per accident.

If CONTRACTOR or CONTRACTOR's employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person.

6.03 Workers' Compensation coverage for any of CONTRACTOR's employees that will be providing any Services hereunder. CONTRACTOR will have a state -approved policy form providing statutory benefits as required by California law. The provisions of any workers' compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents.

6.04 Optional Insurance Coverage. Choose and check one: Required _ /Not Required ; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY.

7. General Conditions pertaining to Insurance Coverage

7.03. All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of "A:VII"). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.

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7.04 Self-insurance does not comply with these insurance specifications.

8. Indemnification.

Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY.

All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY.
b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of

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CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.
8A. Indemnification Design Professionals.
8A.01 In the event that CONTRACTOR is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, CONTRACTOR shall indemnify, and hold harmless the City, its officers, employees, trustees and members ("Indemnified Parties") from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney' s and consultants' fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death ("Claim(s)"), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties.

The cost to indemnify, hold harmless, and defend charged to CONTRACTOR shall not exceed CONTRACTOR'S proportionate percentage of fault.

9. Additional Services, Changes and Deletions.

CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing.

9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge ofa condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council.

10. Termination of Agreement.

Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY.

Page 5706 ends

11. Status of CONTRACTOR.

11.01 CONTRACTOR shall perform the Services in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY's City Manager as provided for in this Agreement.

11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, Ca1PERS, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.

12. Ownership of Documents; Audit.

12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY's agents for examination all of such records and shall permit CITY's agents to audit,

Page 5717 ends

examine and reproduce such records.

13. Miscellaneous Provisions.

13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY's conflict of interest policy.

13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.

13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder.

CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.

13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or

Page 572 ends

through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR.

IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.

CITY: CONTRACTOR:

CITY OF BEAUMONT XXX
By: By: mmni Prn
XXX,
Print Name: A
Ile
‹in Moiammec
Title: President

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EXHIBIT "A"

PROPOSAL
(insert behind this page)

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Cover Letter/Introduction:

City of Beaumont
Grace Wichert
550 E. 6th St
Beaumont Ca 92223
RE: Bid # CC23-19
Omni Pro Inc is pleased to respond to RFP #CC23-19 for City Wide Document Imaging and Quality Control Services that will be performed on site.

We understand that we will need to prep, digitize, and index paper records that are currently stored in various locations across City facilities. These documents come in a variety of sizes like letter -sized, large format maps, plat a velum paper plans, comb -bound booklets, post -it notes, receipts, photos etc. Scanning will be conducted on site, at the city facility. Our machines are equipped to scan both front and back of paper, automatically verify orientation, scan documents as small as 1.5 x 3inches and as large as 11 x17 inches in a single scan. Our equipment is also equipped to de -skew, de -speckle, remove blank pages, and fill in hole punches.

I believe that our knowledge and over 20 years of experience in the record management industry serving the needs of various commercial and government entities, coupled with our expertise in the handling of fragile, historic, and sensitive documents for scanning and archiving is just what your respectable Organization needs for the success and completion of this project and the satisfaction of your organization.

I certify that Our Company meets and exceed all your minimum requirements of the RFP.

Myself Johanna Jimenez Operation Manager and Akin Mohammed President are authorized to bind and negotiate on behalf of the company.

Your consideration of my proposal is highly appreciated.

Johanna Jimenez
j of imenez@omni p roinc . net
909-902-0064
780 E. Francis St Suite Q
Ontario CA 91761
Akin Mohammed
Amohammed@omniproinc,net
909-938-1169

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OMNI PRO INC
References:

We have served the needs of various organizations like the following:

1. State of Alaska Department of Public Safety
5700 East Tudor Road
Anchorage, AK 99507
Michael Bouwkamp
907-269-717
Sorted, prepared, scanned, indexed, and destroyed records.

2. City Of Long Beach
333 W. Ocean Blvd, 12th Floor
Long Beach, Ca. 90802
Scott Otta
562-570-6783
Prep and scan archive records

3. City Of Banning
99 E. Ramsey Street
Banning, CA 92220
Edith Garcia
951-922-3193
Prepared, scanned, indexed, and reassembled records.

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OMNI PRO INC
Firm Profile:

Omni Pro, Inc. has been in business for over 20 years but was Incorporated in 2010. Our area of operation spans the entire state of California and beyond. Omni Pro Inc.. has 30 employees Including field record technicians. Our daily workload includes but is not limited to retrieving, scanning, indexing, and processing thousands of records for our clients. We also provide record conversion and management services for law firms, healthcare providers and public agencies, utilizing customized records management system to meet their individual and specific needs. Omni Pro principal office is located at 780 E Francis St. Suite Q. Ontario Ca. 91761
Proposed Team:

Team members are required to complete a Chain of Custody training, Confidentiality and HIPPA review. Additionally, we require a fingerprint background check that is performed annually and a 7 -panel drug test for all employees. This ensures that we can utilize your team members on all project types. Including CJIS (Criminal Justice Information System), medical financial, and other sensitive information.

Below is a list of key personnel that will be involved with this project. •
.
•
•
•
•
Akin Mohammed Account Executive/President/Assigned Representative Johana Jimenez
Alexia Ascencio
Maria De Jesus
Edmar Jimenez
Project Manager
Quality Control Manager
Scanning/Indexing Technician
Scanning/Indexing Technician
Project Manager: responsible for all activities relating to the project/technical guidance for planning, directing, assigning, and monitoring task operations, plans, recommends and implements the project and task activities and modifications. Confirms quality of work and finalizes job.

Qualification: Bachelor's Degree + seven years experience Quality Control Manager: ensures products meet quality and efficiency standards.

Qualification: Bachelor's Degree + five years additional experience in production.

Scanning Technician: Operates digital imaging equipment in the production of image acquisition from a variety of source documents. Scans hard copies to file, following project operating procedures. Inspects finished work for sharpness, density of line, position, count, and sizes. Operates document scanners and related equipment.

Qualification: Thorough knowledge of materials and equipment utilized in the document imaging processes. Five years of experience performing document scanning work.

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OMNI PRO INC
Approach
Omni Pro Inc supports a strong communication and reporting process, providing clients with all desired reports and invoices in a timely manner. Omni Pro Inc ensure regularly scheduled meetings as requested by the city representative.

Step 1- Project Setup
Each task performed begins with the team member logging in at the beginning using unique login credentials. This provides us with a complete audit trail for all transactions and tasks.

Compiling and maintaining a chain of custody also allows the ability to conduct daily QC performance measurement for all personnel. For this project we will bring three scanners and three pcs, we will set up scanning perimeters upon arrival based on the needs of the project.

Step 2- Document/ Record Preparation
The prep team will be responsible for removing staples and paper clips, sticky notes and any other items that would impede scanning. Sticky notes are placed in a blank area or blank page before scanning. During this process the team will sort documents and or boxes into document types and include separation sheets. The documents are never separated from the folders. Folders remain in their original box and are transferred to the scan station. This box is the records" "home" throughout the entire migration process. It is also identified as a batch within Omni Pro, Inc's system and allows them to track any file and/or document back to the box to address any issues, discrepancies, etc. that may be found during any one of the QC stages.

Step 3- Scanning
The scanning technician will be responsible for viewing each page as it is processed through the scanners, verifying orientation, and removal of blank pages etc. It is always our objective to capture the best image possible on all documents. Some documents may require a grey scale and/or color scan to capture the desired details (especially if the original document is not of good quality.) We expect these items to be clarified upon completion of the validation/test run phase.

Omni Pro, Inc will provide an equal or better image than the original. Our scanners have the capacity to scan up to 600 dpi, detect double page feed, automatically remove blank pages, save files under PDF, JPG, Tiff etc. We are equipped to scan letters, legal, carbon, tabbed and large paper. Our with all of these measures in place it allows consistency. We intend to use the following scanners.
• Fujitsui Fi-6700, Fi-6800
• Kodak i-3400
• Scan Optic S0300
• Kip Large Format Scanners

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OMNI PRO INC
We will also be utilizing Kofax VRS, PaperStream, Simplelndex software and other proprietary software.

Step 4- Indexing
Indexing will be done based on the pre -agreed schema provided. Data will be keyed in by two separate technicians for comparison and accuracy. OCR will be performed as necessary or required. Our indexing system has the capability to keep related documents together by linking the numbering system used to each other.

Step 5- Quality Control
Each completed batch will then be transferred to our processing server where our document processing system will check the quality of each image, de -skew it, etc. and make sure that each image meets the predetermined parameters. This is followed by random visual checks by the quality control staff.

Step 6- Project Delivery
Upon completion and final inspection, all data and images can be delivered in a removable encrypted drive or can be transmitted to the customer via a secured transmission channel such as ONE DRIVE.

Backup Procedures
If a malfunction of a scanner should arise, we maintain backup scanners to replace that scanner allowing us to maintain the production speed.

Page 579 of 2775 ends

OMNI PRO INC
Project Schedule:

Timeline
h
al
Prep and Scan per Week
Phase 2
QC and Index per Week Deleivery Per Week
15 boxes
15 Boxes 15 Byes
Phase 1
Prep and scon Weekly goo'
Phase 2 Phase 3
Complete ESC and Index scanned
documents
Succesfufl transmission of all completed
work

Page 580 of 2775 ends

OMNI PRO INC
Current and Outstanding Contracts:
1) Department of Veterans
Active
Scheduled to arrive in house week of June 26, 2023 and to be completed by August 31,2023 we have other members assigned to handle this project. 2) Beaverhead
Active
Scheduled to commence on August 1St, 2023 and to be completed by November 2023

Page 581 of 2775 ends

EXHIBIT "B"

CERTIFICATES OF INSURANCE AND ENDORSEMENTS
(insert behind this page)

Page 582 of 2775 ends

AC©Rb CERTIFICATE OF LIABILITY INSURANCE
ttr..I
DATE (r +T171)
05/26/2023
This CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER
Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA
5 Concourse Parkway
Suite 2150
Atlanta GA, 30328
_

CONTACT
AYE:

PHONE
n (888 202-3007 FAx
Ale k� Y,� Are, Not:

EADDDDREss: [email protected]
IMSURERIs1 AFFORDING COVERAGE NANC B
INSURER A; Hiscox Insurance Company Inc 10200

INSURED
Omni pro, inc
708 E Francis St Ste Q
Ontario, CA 91761
INSURER S:
- -
INSURER C:

INSURERD:

INSURER E : -
INSURER F: -

COVERAGES
CERTIFICATE NUMBER:

REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

BIER ADM SueR POLICY EFF POLICY OP
LTR - TYPE OF INSURANCE elan ANTI POLICY NUMBER IMMPDD/YYYY1 einconerrn LIMITS A
X

COMMERCIAL GENERAL

CLAIMS -MADE
LIABILITY EACH OCCURRENCE $ 1,000,000

DAMAGE TO RENTED
X OCCUR PREMISES fEEa occurrence) S 100,000
MED EXP Lamy one person) $ 5,000
N UDC-5137078-CGL-22 04/13/2022 04/13/2023 PERSONAL & ADV INJURY $ 1.000,000 GENT.
^
AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 O -

POLICY JE
OTHER:

LOC PRODUCTS -COMPIOP AGG S SIT Gen. Agg
$

AUTOMOBILE

LIABILITY

ANY AUTO
OWNED

AUTOS ONLY
COMBINED SINGLE Lt MIT ;
(Ea aazdentl
BODILY INJURY (Per person) S
X
SCHEDULED BODILY INJURY (Peracrdent) S
AUTOS UDC-5137078-CGL-22 04/13/2022 04/13/2023

HIRED NON - OWNED PROPERTY DAMAGE
AUTOS ONLY X AUTOS ONLY Mee acodentl $
CGL HNOA Lunt $ 300,000
finer omsrer, s

UMBRELLA LIAB
EXCESS 11AB

OCCUR EACH OCCURRENCE S

CLAIMS -MADE AGGREGATE S
DED RETENTION$ S _ -

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRIETORIPARTNER/EXECUTIVE
OFFICERIMEMBER EXCLUDED?
(Mandatory in NH)
If yyeees describe under
DESCRIPTIONOFOPERATIONSbedow
PER H

IITE ER
YIN --
- NIA EL EACH ACCIDENT S
`— -
E.L DISEASE - EA EMPLOYEE S
-
E.LDISEASE -POLICY LIMIT S
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached If more apace Is required) Document Scanning

CERTIFICATE HOLDER
City of Beaumont

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORILEO REPRESENTATIVE
ACORD 25 (2016/03)

Page 583 of 2775 ends

The ACORD name arid logo are registered marks of ACORD

City of Beaumont Request for Proposal
Document Imaging & Quality Control
BEAUMONT Services
-CALIFORNIA-
EXHIBIT "D"
Pricing Sheet

Page 584 of 2775 ends

City Of Beaumont

BEAUMONT
--CALIFORNIA-
Pricing Sheet
City -Wide Document Imaging &
Quality Control Services
Description of Page Size
Firm, Fixed Unit Price
Scan 8.5 X11 _
$ .05 per image
Scan 8.5 X 5.5
$ .05 per image
Scan 11 X 17
$ .07 per image
Scan 7 X 8.5
$ .05 per image
Scan 24 X 6
$ .35 per image
Scan 24 X 42
$ .75 per image
Scan 8.5 X 14
$ .10 per image
Scan 32 X 48
$ .75 per image
$
Image Processing
$ Included per image
Indexing
$ .10 per image
Extract Image
$ Included per image
Manual De -Skew & Crop to remove borders
$ Included per image
Single Inspect and Report Image Quality Report
$ Included per image
Double Inspect and Report Image Quality
$ Included per image
Enhance and Replace for Poor Quality Image (non-
drawing)
$.10 per image
Enhance and Replace Poor Quality Image (Drawing)
$ .25 per image
Mask Unwanted Documents
$ .10 per image
Reverse Dual Polarity _
$ .05 per image
Document Preparation
$ 35.00 per hour
Project Management/ Consultation
$100.00 per hour
Data Processing programming necessary for files
interface
$ 100.00 per hour
Additional/ Optional Services:

Set Up Fee
150
*all additional services Contractor deems necessary to complete the project must be quoted and included in the Pricing Sheet.

Page 585 of 2775 ends

ACORO®
`� CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
05/26/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

PRODUCER
Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA
5 Concourse Parkway
Suite 2150
Atlanta GA, 30328

CONTACT
NAME:

PHONE
Ext): (888) 202-3007 A , No):

ADDRESS: [email protected]

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: Hiscox Insurance Company Inc
10200

INSURED
Omni pro, Inc
708 E Francis St Ste Q
Ontario, CA 91761
INSURER B :

INSURER C:

INSURER D :

INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER:

REVISION NUMBER:

INSR
LTR

TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)
LIMITS
A
X

COMMERCIAL GENERAL LIABILITY
Y
UDC-5137078-CGL-22
04/13/2023
04/13/2024

EACH OCCURRENCE
$ 1,000,000

PR S RENTED
PREEMMI E SES ( (Ea occurrence)
$ 100,000

CLAIMS -MADE
X
OCCUR
MED EXP (Any one person)
$ 5,000

PERSONAL&ADVINJURY
$ 1,000,000
GEN'L
X

AGGREGATE
POLICY
OTHER:

LIMIT APPLIES
E r
PER:

GENERAL AGGREGATE
$ 2,000,000

PRODUCTS - COMP/OP AGG
$ S/T Gen. Agg
$

AUTOMOBILE
X

LIABILITY

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY
X

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
UDC-5137078-CGL-22
04/13/2023
04/13/2024

COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$

PROPERTY DAMAGE
(Per accident)
$
CGL HNOA Limit
(per occurrence)
$ 300,000

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS -MADE

EACH OCCURRENCE
$

AGGREGATE
$
$
DED
RETENTION $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N/A
UDC-5137078-WC-22 STATUTE
04/13/2023
04/13/2024
PER
OTH-
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Document Scanning
The City of Beaumont, its elected and appointed officers, employees, agents and volunteers are named as additional insured as required by written contract with respect to General Liability and Auto Liability. 30 Days' Notice of Cancellation to certificate holder, 10 days for non-payment of premium applies.

CERTIFICATE HOLDER

CANCELLATION
City of Beaumont
550 E. 6th Street
Beaumont CA, 92223

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD nameRa@l g2s7elt5I marks of ACORD

FIRST AMENDMENT TO AGREEMENT FOR INDEPENDENT CONTRACTOR

THIS FIRST AMENDMENT TO AGREEMENT OF SERVICES BY INDEPENDENT CONTRACTOR ("Amendment") is made and effective as of the 5th day of March, 2024 by and between the CITY OF BEAUMONT ("CITY"), a general law city, and Omni Pro Inc., (hereinafter called "CONTRACTOR") in consideration of the mutual promises and purpose contained herein, the parties agree as follow:

RECITALS
This Amendment is made with respect to the following facts and purpose that the parties agree are true and correct:

A. On July 7th, 2023, CITY and CONTRACTOR entered into that certain agreement entitled "Agreement for Professional Service by Independent Contractor ("Agreement") for Document Imaging and Quality Control Services.

B. City has requested an extension of the term of the contract and compensation.

AMENDMENT
Section 1. of the Agreement is hereby amended to extend the term for an additional year; terminating July 7, 2025, unless extended by the parties with the approval of City Council.

Section 4. of the Agreement is hereby amended to increase the maximum compensation as follows: Under the current Agreement, compensation was set at a maximum not to exceed amount of Seventy Five Thousand Dollars and Zero Cents ($75,000.00). Per this First Amendment, compensation is increased by an additional Two Hundred Fifty-five Thousand Dollars and Zero Cents ($255,000.00) as provided in the Proposal attached here to as Exhibit "A" resulting in total compensation not to exceed Three Hundred and Thirty Thousand Dollars and Zero Cents ($330,000.00).

The recitals to this Amendment are deemed incorporated herein by this reference. All other terms of the Agreement not expressly amended by this Amendment shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to be effective as of the day and year first above -written.

Page 587 of 2775 ends

SIGNATURE PAGE TO FIRST AMENDMENT TO AGREEMENT FOR

SERVICES BY INDEPENDENT CONTRACTOR

CITY OF BEAUMONT
CITY:

CITY OF BEAUMONT
By e —e ✓ AA_
David Fen Mayor
ATTEST:

By:

NicdJ Wheelwright, D p ty City Clerk
APPROVED AS TO FORM:

By:

John O. Pinkney, City Attorney
CONTRACTOR:

Omni Pro Inc.

By:

Print Name: 3 Drtolnlo t P r► e
Title: f? P►^ot,}h 7w -

Page 588 of 2775 ends

SIGNATURE PAGE TO FIRST AMENDMENT TO AGREEMENT FOR

SERVICES BY INDEPENDENT CONTRACTOR

CITY OF BEAUMONT
CITY:

CITY OF BEAUMONT
ATTEST:
13y:

Nicc e Wheelwright, D
CONTRACTOR:

Omni Pro Inc.
rP/✓�tn-- By,
David Fenn Mayor
ty City Clerk
APPROVED AS TO/FORM:

By: " 7,1"Z
John 0. Pinkney, City-ttorney
Print Name: 3 c 1Gr1W of 3 i nn e o e
Title: 0,p ,ei-ca.,hbyi itA in 06

Page 589 of 2775 ends

EXHIBIT "A"

PROPOSAL

Page 590 of 2775 ends

Omni Pro Inc
PO Box 825
Chino CA 91708
Name / Address
City of Beaumont
Attn: City Manager
550 E. 6th Street,
Beaumont, Ca 92223
Estimate
Date
Estimate #
2/19/2024
14 Project
Description
Qty
U/M
Cost
Total
Scan and Index records duration of 12 to 15 months
between $14,000.00 to $17,000.00 per month
Estimate at lowest range 12 x 14,000.00= 168,000
Estimate at highest range 15 X 17,000.00= 255,000
Estimate not to exceed $255,000.00
255,000.00
255,000.00
This is an estimate and subject to change based on amount of pages Total $255,000.00
Customer Signature

Page 591 of 2775 ends

City of Beaumont Contract Number:

C23-75.2

SECOND AMENDMENT TO AGREEMENT FOR SERVICES BY INDEPENDENT

CONTRACTOR

THIS SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR ("Amendment") is made and effective upon signature by and between the CITY OF BEAUMONT ("CITY"), a general law city, and Omni Pro Inc., (hereinafter called "CONTRACTOR") in consideration of the mutual promises and purpose contained herein, the parties agree as follow:

RECITALS
This Amendment is made with respect to the following facts and purpose that the parties agree are true and correct:

A. On July 7th, 2023, CITY and CONTRACTOR entered into that certain agreement entitled "Agreement for Services by Independent Contractor ("Agreement").

B. On March 5th, 2024, CITY and CONTRACTOR amended the agreement to extend the term through July 7, 2025, and increased the maximum compensation not to exceed Three Hundred and Thirty Thousand Dollars and Zero Cents ($330,000.00).

AMENDMENT
Section 1. Term of Agreement in accordance with Section 1 of the Agreement, the parties agree to extend the term of the Agreement through June 30, 2026. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate, unless earlier terminated by the parties in accordance with the Agreement or extended by the parties of the Agreement is hereby amended as follows: CONTRACTOR agrees to provide the services ("Services") as follows: Document Imaging and Quality Control Services ("Services") and any other services which the City may request in writing.

The recitals to this Amendment are deemed incorporated herein by this reference. All other terms of the Agreement not expressly amended by this Amendment shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to be effective as of the day and year first above -written.

Page 592 of 2775 ends

City of Beaumont Contract Number:

C23-75.2

SIGNATURE PAGE TO SECOND AMENDMENT TO AGREEMENT FOR

SERVICES BY INDEPENDENT CONTRACTOR
CITY:

CITY OF BEAUMONT

CITY OF BEAUMONT
CONTRACTOR:

By:

Print Name:

By:

Elizabeth M. Gibbs, City Manager Title:

Page 593 of 2775 ends

City of Beaumont Contract Number:

C23-75.2

Page 594 of 2775 ends

BEAUMONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Kirk Pelser, Economic Development Director
Julie Van Hook, Public Information Officer
DATE June 17, 2025
SUBJECT: 2025 ICSC Las Vegas Conference
Description Report out on Mayor Lara, Councilmember Martinez and City Staff attendance at the May 2025 ICSC Conference.

Background and Analysis:

ICSC Las Vegas is the organization's premier event and takes place annually in May. It is a two -three day gathering of industry experts, dealmakers, and jurisdictions, engaged in promoting innovation and evolution in commercial real estate. ICSC provides an environment that facilitates the creation of connections, catalyzation of deals, and formation of public policy. The name ICSC used to stand for "International Council of Shopping Centers" but was rebranded in 2021, primarily due to e -commerce coming to the forefront. ICSC is now known as the brand and not an acronym, with the tag line of "Innovating Commerce Serving Communities."
City representatives who attended:
• Mike Lara — Mayor
• Julio Martinez — Councilmember
• Elizabeth Gibbs — City Manager
• Gus Romo — Deputy City Manager
• Kirk Pelser — Economic Development Director
• Laura James - Economic Development Manager
• Julie Van Hook — Public Information Officer
• Joseph Cale — Management Analyst
• Shannan Doyle — Executive Assistant
• Michael Busch - consultant
This year, the event included approximately 1,000 exhibitors from around the globe and had an estimated attendance of 34,000. The exhibitor list is attached to this staff report

Page 595 of 2775 ends

as Attachment A. The list of attendees/retailers is proprietary information and is prohibited from being reproduced or distributed.

This year's event began on May 18, 2025, with professional development workshops, a keynote presentation, an opening reception, and the global awards ceremony. The City team commenced activities on May 18 and toured the Downtown Las Vegas Container Park, a unique open-air commercial retail center largely constructed of metal shipping containers occupied by small, entrepreneurial businesses. This was followed by an early evening reception that was co -hosted by a large residential developer, Shea Properties, the engineering firm of Albert Webb & Associates, and the law firm of Allen Matkins. City representatives were able to meet with the reception hosts, neighboring city representatives, as well as 5th District Supervisor Gutierrez at the reception.

The convention floor portion of ICSC commenced on Monday, May 19th, at 8:00 a.m.

Team Beaumont had a full day of meetings and industry engagement. In prior years, the City participated in shared booth arrangements with Riverside County and other cities.

For 2025, the City invested in creating its own dedicated presence with an individual booth which proved to be especially effective. Our forward -facing presence allowed our team to directly engage with approximately 400 convention attendees. As shown in Attachment B, these photos highlight the City's booth display and marketing material developed for the event. Staff created five new flyers, an economic development brochure, and five marketing videos showcasing key vacant properties within Beaumont — tools that effectively told the City's story and drew interest from prospective investors and tenants. Staff also participated in an unprecedented eleven pre -scheduled meetings during the convention with developers, brokers and retail tenants interested in the growing Beaumont market. Many of these retail and hospitality users are highly motivated to establish a presence in the Pass Region and recognize Beaumont's superior demographics and fiscal stability within the region.

For competitive industry reasons, the names of these businesses must remain confidential for now, but they do represent highly desirable users that would bring significant economic activity in terms of sales tax, property tax and employment. For additional networking opportunities, the Council and staff rotated operating the booth and exploring the venue.

The City's attendance at this year's conference fostered relationships between the City and various retailers and developers, as well as providing staff and Council with valuable insight into the economic development process. These relationships are vital to the expansion of the local economy and the elevation of the City.

Staff also plans to attend the upcoming ICSC Western Regional gathering in Palm Springs from September 28-30, 2025. This will create additional opportunities for

Page 596 of 2775 ends

networking, as well as inspire the development of new strategies ahead of ICSC Las Vegas 2026.

Fiscal Impact:

The cost to prepare this staff report is estimated at $250. Additionally, a fully furnished dedicated 10x20 booth cost $11,500, which included seating for 10, an information desk, storage, electrical service, and visual design — featuring a branded wall display with large -format graphics and coordinated front counter to create a cohesive professional presence.

Costs for travel, including:
• Lodging (9 Rooms): $5,750.58
• Flights (2 Council Members and 2 Staff Members: $1,383.84 • Uber Costs (To and from the Airport, Hotel and Convention Center: $310.41 • Total Travel: $7,444.83
Grand Total: $18,944.83
Recommended Action:

Receive and file.

Attachments:

A. ICSC 2025 List of Exhibitors
B. Booth Photos and Economic Development Material

Page 597 of 2775 ends

Attachment A
ICSC LAS VEGAS 2025
Company Listing as of 5/28/25
Name
4th Dimension Properties
58 INC I Shelby County EDC
7 -Eleven Inc.

A Plus Guard, LLC
A&G Realty Partners, LLC
ABBELL ASSOCIATES, LLC.

Abernathy Development Company, LLC
Acadia Realty Trust
Accruent
Ackerman & Co
Acoustiblok, Inc.

ACRE Commercial Real Estate
Acres
Action Behavior Centers
ADA Compliance Consultants
Adams County Community & Economic Development
Adams County Development Council
Advan Research Corporation, LLC
Advance Auto Parts
Adventure Golf & Sports
Agora Realty & Management
Agree Realty
Ahold Delhaize
Aislelabs
AJ Dwoskin & Associates, Inc.

Alabama League of Municipalities
Albanese Cormier Holdings, LLC
Booth
858Y
5104P
632V
1727X
4450S
4014Q
5455R
34411
5744R
3318G
2112U
3177K
2305U
2025W
2109U
868Y
920U
1831X
339W
1331Y
815U
1022V
5631Q
1529X
3468K
348X
3421G

Page 598 of 2775 ends

Alexander & Baldwin 3373K
All County Paving 1603U
ALL OUT Parking Lots 1328X
Alliant Insurance Services, Inc. 1921V
Alpha Real Estate Advisors 1113U
ALTO Real Estate Funds N256
Ambius Inc 5008P
AmCap 4160S
American Lighting 1201U
American Textile Recycling Service 1629X
Anchor Retail 3318G
Anton Systems, Inc. 2111U
APMG Awning Partners Manufacturing Group 1528X
ARCTRUST 4837R
ARF GLOBAL 1926X
Arizona Partners 4931Q
Aronov Realty Management, Inc. 2906G
Asana Partners 2328X
Asbestways Solutions Corp. 1702U
Ashkenazy Acquisition Corp. 3629H
Ashley Group 5044R
Aston Properties 150Y
AT&T Mobility 3751J
ATAS International, Inc. 1803U
Athena Property Management 5157S
Atlantic Retail 3318G
Atlas Asphalt 1930Y
Auburn University - Masters of Real Estate Development 2325W AUTOParkit 1154X
AutoZone, Inc. 107U
Avison Young 2960J
AW Services Group 1503U

Page 599 of 2775 ends

Azi ra
B+E
Bang Realty
Basser Kaufman
BC Wood Properties
Beall Corp
Bedrock Detroit
Bellevue Square
Benderson Development Company, LLC
Berkeley Capital Advisors
Beta
BH Properties
Big V Property Group
Bitcoin Standard Deposits
Blackwater Real Estate, LLC
Bluebird Building Systems
Bohler
Bojangles' Restaurants, Inc.

Bonchon Restaurants
Bottomline
Bowe Digital
BRDG
Breslin Realty Development Corp.

BridgeCore Capital Inc
BrightLife Designs
Brisky Net Lease
Brixmor Property Group
Broad Reach Retail Partners
Broadstone Net Lease, Inc.

Bucksbaum Properties
Building Engines, a JLL Company
Buildout
1818V
4157S
5159S
3419G
3466J
1224X
2932H
3546J
5122Q
SMR230
453Y
5337R
3325G
FC 24
5455R
1931Y
SMR231
5230Q
350V
5757S
1624W
5714O
153Y
FC 13
1713V
1623W
3119G
310U
5457S
3258J
3018G
5051S

Page 600 of 2775 ends

Burlington Stores, Inc.

Butler Enterprises
Buxton
By Love Inc.

C.F. Smith Property Group
Cadillac Fairview
Cafaro
Caldwell Insurance Services
Caleres
Callaway Chamber of Commerce
Calvert Street Group
Cambridge Innovation
Capital Retail Properties
Capitol Real Estate Advisors, Inc.

Carnegie Companies, Inc.

Carpionato Group
CASTO
CBB Bank
CBL Properties
CBRE
CCA Acquisition Company, LLC
Celina Economic Development Corporation
Centennial Real Estate
CenterCal Properties, LLC
CenterCheck
Centralia Outlets/R.K. Getty Corp
Certified Waste Solutions
ChainLinks Retail Advisors, Inc.

ChainXY Solutions Inc.

Charles Company
Chase Bank
Chase Properties Ltd.
4845R
3500F
5121Q
2225W
FC 20
37341
3063J
1329X
839W
1827X
740W
1426X
3475K
4007Q
FC 17
5223Q
4744R
2703U
3518G
3019G
3173K
619V
3549J
N258
813U
1527X
318U
4607Q, 4707Q
518U
5301O
5136R
4251S

Page 601 of 2775 ends

Checkers & Rally's
Chicken Salad Chick
Children of America
Chipotle Mexican Grill
Choice Hotels International, Inc.

Christianson Companies
CIM Group, Inc.

Circle K
Citrin Cooperman
City of Albertville
City of Anaheim
City of Andalusia
City of Auburn
City of Aurora
City of Beaumont, CA
City of Bellevue Nebraska
City of Bellflower
City of Birmingham
City of Bullhead City
City of Carson
City of Chino
City of Columbia Economic Development
City of Costa Mesa
City of Dana Point
City of Fontana
City of Fountain Valley
City of Garden Grove
City of Grapevine - Grapevine, TX
City of Hammond, Indiana
City of Hoover, Alabama
City of La Vergne, Tennessee
City of Lehi
637W
5237R
207U
118V
407U
1115U
28521
5723Q
FC 26
908U
2224W
1435Y
1627W
263Y
1927X
2621V
5235R
608U
5340R
1156Y
248X
1728X
238W
447X
463Y
752Y
958Y
5034R
845X
5103P
5250S
1327X

Page 602 of 2775 ends

City of Madisonville
City of McHenry
City of Menifee
City of Mentor
City of Miami Gardens
City of Montclair
City of Moreno Valley
City of North Port, FL
City of Ontario
City of Orlando
City of Portland
City of Rancho Santa Margarita
City of Rialto
City of Riverside
City of Roanoke
City of Rosemead
City of San Jacinto
City of San Luis
City of Santa Ana
City of Signal Hill
City of St. Louis
City of Westminster
City of White House
Club Car Wash
Cobblestone Hotels
Cocca Development, Ltd
Coldwell Banker Commercial Affiliates
Colliers
Columbus Awning Company
Complete Signs
Complete Solutions & Sourcing
CompStak
2223V
2124W
4857S
962Y
556Y
241X
4337R
5817O
4937R
5649S
2604U
2122W
5202P
N262
1524W
937V
5005P
2026X
953X
2327X
4961S
1910U
2620V
353Y
5658S
5015P
4631Q
4009Q
1928X
2331X
912V -F
1522W

Page 603 of 2775 ends

Coniq
Connect CRE
ContactSwing.AI
Continental Realty Corporation
Continuum Partners, LLC
COR Development Company, LLC
CORFAC International
CoStar Group
COUNCIL Real Estate
CP Partners
Crawford Square Real Estate Advisors, LLC
CREtelligent
CREW Network
Crexi
Crossman & Company
Crosspoint Realty Services Inc/Sansome Pacific
Crunch Fitness (Franchise)
CSSI Services, LLC
CTO Realty Growth
Cullinan Properties LTD
Curbline Properties
Cushman & Wakefield
Dairy Queen
DalMoros Fresh Pasta To Go
Daly&Black P.C.

Datum
David Cronheim Mortgage Corp.

De Rito Partners, Inc.

DealPoint Merrill
DealSumm
Defease with Ease I Thirty Capital Financial
Dekra-Lite
3276K
1114U
1602U
3265J
Meeting Room
S218
5156S
1721V
28471
4010Q
316U
4445R
1531Y
253Y
2861J
S M R221
5012P
631 V
FC 27
5244R
5328Q
3036H
3064J
5531Q
5637R
4730R
1817V
4016Q
816V
240W
739W
5652S
2213U

Page 604 of 2775 ends

Del Taco

DEPASQUALE, KELLEY & COMPANY
Development Corporation of Mercedes
Development Management Group, Inc.

Dexter Laundry, Inc.

Dhanani Private Equity Group
Dine Brands Global
Divaris Real Estate
Diversified Partners
Division 9 Commercial Construction Inc.

DLC Management Corporation
Dollar General Corporation
Dollar Tree & Family Dollar
Domino's
DPEG Insurance Agency LLC
DRA Advisors LLC
Driven Brands
Duckfund Real Estate Inc
Duro-Last Roofing
DWS
East Montgomery County Improvement District
Eastern Retail Properties
ECAM
ECHO Realty
Economic Development Corporation of Lea County
EDCUtah
EDENS
EDGE Realty Partners
Edgewood Properties, Inc.

Edinburg Economic Development Corporation
Efidol
Elaut Group USA/Coast to Coast Entertainment
5105P
FC 11
516U
5507O
5716O
911U
239W
3318G
1711V
2722W
4044R
5145R
4921Q
835V
1009U
2837H
2504U
5032R
2024W
5229Q
3370K
5247R
912V -A
3451J
5456S
5259S
3137H
5315P
3366J
707U
1704U
5818O

Page 605 of 2775 ends

Elcan and Associates Inc 5231Q
ElectriCities of N.C., Inc. 852X
Electrify America N261
Elev8 Group 2605U
Embree Development Group, Inc. 5144R
Encore Real Estate Investment Services, LLC 5215P
Endeavor Real Estate Group 4550S
Envision Charging 100LS
EOS Fitness 205U
Equity, LLC. 540W
Esri 1825W
Essential Growth Properties/1045 Property Management Group 4950S Essential Properties Realty Trust 5256S
Ethan Conrad Properties 2020V
Everest Systems 2225V
Evergreen Devco, Inc 3676K
EVgo Fast Charging 1530Y
Evium Charging 1804U
Examen 4915P
Excel Engineering 2127X
EXFLEX Property Services 4018Q
Extended Stay America 5611O
Exteros, Inc. 455Y
EyeCatch Digital Signage & LED 1731Y
Fairway Investments SMR229
Falcon Rappaport & Berkman LLP 1431Y
Falcon Realty Advisors 3318G
Federal Realty Investment Trust 2819G
Ferguson Properties 3318G
Fidelis Realty Partners 5218Q
Fifth Corner FC 19
Fifth Dimension 652X

Page 606 of 2775 ends

First Hartford Realty Corporation 5004P
First National Realty Partners 4156S
First Washington Realty, Inc. 3264J
Fitness International, LLC 4048S
Five Below Inc. 232V
Flaum Management Company Inc. / LLD Enterprises 5645R
Flocke & Avoyer Commercial Real Estate 5204P
Florida International University 2224X
FlowRider 431V
Forney Economic Development Corporation/City of Forney 2028X Fortis Net Lease FC 10, FC 14
Franklin Street 4207Q
Freddy's Frozen Custard and Steakburgers 936V
Fujimi, Inc. 2411V
FullSpeed Automotive 548X
Fyxt 1505U
G4CM 2302U
Gashapon- Bandai Namco Toys& Collectibles America Inc. 1058Y Gator Investments 434W
GBT Realty Corporation 4730Q
Gibraltar Management Co., Inc. 4831Q
GK Development Inc. 5331Q
Glenwood 754Y
Glimcher Group Inc. 5323Q
Global Roofing Group 2303U
GlobeSt. 2228X
Goddard Systems, LLC 209U
Golden Corral 941X
Goodale and Barbieri Company 640W
Goodman Real Estate Services Group LLC 4352S
Gordon Brothers 4944R
GoTo Foods 532V

Page 607 of 2775 ends

Graco Real Estate Development 4040R
Graham Corporation 4344R
Grant & Lewis 716U
Graystone Capital Advisors 4656S
Grease Guard LLC 5613O
Great Clips Inc. 5322Q
Green Team Worldwide Environmental Group 1056Y
GreenLite 2329X
Grossman Development Group 3502F
H Mart Inc 508U
Hadler Realty Co. 2873K
Halpern Enterprises, Inc. 5242R
Hamburg Place 4904P
Hanley Investment Group Real Estate Advisors 4054S
Hard Corner LLC 4658S
Hawkins Companies 5504P
HdL Companies 647X
Heartland Dental, LLC 607U
Heidenberg Properties Group 1619V
Hendon Properties, LLC 3776K
Henry, A Carlisle Company 1734Y
High Inspectations 3377K
Hill Partners, Inc. 3260J
Hilton 5306P
Hines 2872K
Horizon Group Properties, Inc. 2874K
Horvath & Tremblay 4245R
HTeaO 531V
Hubexo NA, Inc 910U
Hunden Partners 758Y
Hurst Euless Bedford (HEB) Economic Development Foundation 4953S HUTTON / ModWash 5248S

Page 608 of 2775 ends

Hyatt Hotels Corporation
ICON International, Inc.

ID Plans
IDS Real Estate Group
Ignite Retail Partners
IHG Hotels & Resorts
Impeccable Brands
Impruv Painting & Contracting
Indie Signs
Inland Real Estate Group of Companies, Inc., The
InSite Real Estate
Inspire Brands
Institutional Property Advisors
International Property Syndications, LTD c/o Triple Five Group of Companies
InvenTrust Properties Corp.

Irvine Company
IVIS Security
J.C. BAR
Jack In The Box
Jamestown, LP
Jersey Mike's Franchise Systems
Jet Waste Services
JH Real Estate Partners, Inc.

JINUSHI USA INC.

JLL
JM & ADA Associates LLC
JMP Holdings
Jordon Perlmutter & Co.

Joshi & Associates
JR & Co.

Kalibrate
5209P
5257S
912V -E
2805G
1222X
5718P
1815V
1402U
5816O
3408G
5232Q
332V
4307Q
3632H
3566J
3533H
843X
5356S
5105P
3274K
5849Q, 5850Q,
5855Q
432W
5157S
1117U
3018G
5013P
3366J
3724H
3178K
2202U
5512P

Page 609 of 2775 ends

Kansas Commerce
Kassin Sabbagh Realty
Katz & Associates
Kennedy Funding
Kentro Group
KeyBanc Capital Markets
Kidder Mathews
Kiddie Academy
Kimco Realty
Kimley-Horn
Kin Properties
King Energy
King Solarman Inc.

Kite Realty Group
KLA Schools Franchise
KLNB

KOHAN RETAIL INVESTMENT GROUP
Kolena
Konover South Development Corporation
Kossman Development Company
KPR Centers
KPS Commercial Construction
KW Commercial
L3 Capital
Land and Parcel LLC
Land id
Landmark Property & Development LLC
Laundrolab/2u
LeadOrigin
LeaseAbstract Al (Saanvi FutureTech Pvt. Ltd.)
Lee & Associates Commercial Real Estate Services
Legacy Franchise Concepts
5820O
32431
4644R
FC 29
3172K
FC 25
4449S
322V
3319G
SMR222
4930Q
1112U
1226Y
30501
2227X
3353J
1913V
2402U
4545R
3578K
3400F
841X
2515V, 35401
5557S
643X
2105U
1515V
1802U
2203U
2505U
1323X
734V

Page 610 of 2775 ends

Legend Properties
Lev
Levcor, Inc.

Levin Management Corp.

Lewis Retail Centers
Lincoln Property Company
Lindner Properties / American Realty & Development / Thessing Commercial Realty
Little Caesar Enterprises, Inc.

LocateAl, Inc.

LOCATION. Commercial Real Estate
LOGIC Commercial Real Estate
Long View Equity, LLC
Lorain County Commissioners
Lormax Stern Development Company
Lowe's Companies, Inc.

LQ Commercial
LRA Real Estate Group
LVT
M&M Realty Partners
Macerich
Madison Commercial Real Estate Services
Mag Mile Capital
Magnolia Development Corporation
Malachite Group
Maly Realty and TKG
Mansfield Equities
Mapes Canopies
Marco's Franchising, LLC
Marcus & Millichap/IPA
Marriott International, Inc.

Mason Asset Management, Inc.
2405U
1630Y
3600F
3272K
3367J
3579K
S208
5731Q
811U
5030Q
3318G
2323W
1707U
4905P
5123Q
4356S
2723V
938W
3366J
120V
3273K
FC 22
5612O
4447R
Meeting Room
S216
5300U
445X
321V
4307Q
5710P
231V

Page 611 of 2775 ends

Matanky Realty Group
Mathias Properties
Matthews Real Estate Investment Services
Mattiace Properties Inc.

Mavis Tire Supply
MCB Real Estate, LLC
McDonald's US Restaurant Development
McDougal Companies
Meridian Capital Group
Metro Commercial Real Estate Inc.

Metron
Meyer C. Weiner Company
Midland Atlantic Properties
Midwood Investment & Development
Miller Capital Advisory, Inc.

Milrose Consultants

MIMCO, LLC
Miromar Development Corp
Mister Car Wash
Mohr Partners, Inc.

Morguard Corporation
Morongo Band of Mission Indians
Moses Lake Chamber of Commerce
MRB Contractors, LLC
MRI Software
MRP Capital Group
Murphy USA
NAI Global
Nairn Management Group
Nassimi Realty, LLC
National Association of REALTORS®
National Construction Rentals
4330Q
5044R
2832H
4731R
1046X
2978K
5131Q
4551S
3376K
2801G
1227X
5201O
1027V
963Y
N263
5009P
5006P
1424W
5610P
2705U
3165J
1335Y
922U
1706U
N265
5607O
720V
4531Q
539V
4533Q
4544R
711U

Page 612 of 2775 ends

National Realty & Development Corp.

National Sign Systems
National Tax Group
Navajo Nation Shopping Centers, Inc.

NaviRetail
Neighbor.com
Net Lease Alliance

NETSTREIT
Net -Trade Ventures, Inc.

New England Development
New Leaf Energy Electric Vehicle Charging
Newmark
NewMark Merrill Companies, Inc.

NewQuest
Next Realty, LLC
NextSite
NNN REIT, Inc.

Northmarq
Northwest Retail Group
O.V.P. Management, Inc.

OASE North America
Oberfeld Snowcap Inc.

O'Connor Property Management, LLC

OH TX MGNT
Oil Changers
Oklahoma City Chamber of Commerce
Ollie's Bargain Outlet, Inc.

OMA
OptiPave System
Orion Real Estate Group
Oxford Properties Group
Pacific Retail Capital Partners
3470K
2721V
5010P
5721P
FC 15
2130X
5345R
SMR225
5821P
3231H
1902U
3519G
5644R
4037R
3375K
2407V
4854S
2936H
1315V
2803G
1611V
3165J
3771K
1634Y
506U
5314P
340W
1434Y
2029X
5120P
3162J
N260

Page 613 of 2775 ends

Palmer Capital, Inc.

Panda Restaurant Group
Papa John's International
Pappas Investments
Paramount Realty
Paramount Specialty Finance
ParaSell, Inc.

ParGo Al, Inc.

ParkHelp Technologies
Partners
Partnership for Economic Development
Pate Companies
PatternAl, Inc.

Pave America National Services
PEBB Enterprises
Pegnato Roof Intelligence Network
Permitflow
Peterson Companies
Pharma Property Group
Philips International
Phillips Edison & Company
PickleRage
PiinPoint
Pine Tree
Placer.ai
Planet Air
Planet Fitness
Plaza Properties, Inc. - RESOLUT RE
Pohl Jensen
PorterSlPs by Porter Corp
Potbelly Sandwich Works
Powering America (NECA & IBEW)
SMR224
617V
1016V
5614O
SMR228
2502U
5114P
2321V
1631Y
5437R
2129X
2003U
1823W
2002U
448X
912V -G
1708U
4031Q
4938R
5522Q
4131Q
2121V
5354S
3655J
1219V, 3750J
1617U
132V
4830Q
5245R
1427X
2005U
5819O

Page 614 of 2775 ends

PraCon Global Investment Group
Precisely
Precision Contractors
Preferred Growth Properties
Preflex inc.

PREIT
Prestige Properties & Development Co., Inc.

Prime Net Lease
Primestor Development, Inc.

PrimeTime Amusements
Primrose Schools
Prince George's County Economic Dev. Corp.

Pro Signs
Progressive Materials, LLC
Project Queens
Projectmates / Systemates, Inc.

Pulley
Qdoba Mexican Eats
Quantitative Analysis
Quick Quack Car Wash
QuickChek
QuikTrip Corporation
Quine and Associates, Incorporated
Radial Power LLC
Raider Hill Advisors
Raise the Roof Logistics
Raising Cane's Chicken Fingers
Rappaport
RARE Connection
RCG Ventures LLC
RD Management LLC
Read King
5254S
Meeting Room
S217
317U
5234R
2420V
35411
3720G
5239R
220V
2704U
417U
1415V
5102P
421V
1703U
2125W
1923V
1012V
1430Y
440W
720V
5431Q
4844R
2326W
3219G
1911U
108U
3407G
139W
3078K
4145R
4350S

Page 615 of 2775 ends

ReadySpaces
Realice - Ice Rink Technologies
Realnex LLC
Realty Income Corp.

Realty Resources, Incorporated
RealtyLink LLC
REBLIE
RED Development
Red Mountain Group, Inc.

Regency Centers
Regency Properties
Reliable Properties

RESOLUT RE
Restaurant Brands International Inc.

Retail Brokers Network
Retail Lease Trac, Inc
Retail Planning Corporation
Retail Strategies/Retail Specialists
Retransform
RFA Consulting
Rhino Investments Group
Rhino Realty Group, Inc
RIPCO Real Estate LLC
River Oaks Properties
Rivercrest Realty Investors
Riverside County Office of Economic Development
Rivian
RJL Real Estate Consultants
RKAA Architects, Inc.

RMD Global Inc
Robert B. Aikens and Associates, LLC
RockStep Capital
5615O
2104U
2415V
4645R
3318G
4357S
2009U
36481
3621G
30471
4913P
1215V
4830Q
818V
3607G
5639R
3158J
648X
2011U
2720V
5446S
5656S
3419G
3657K
240X
31491
3210F
3657K
5049S
1237Y
3652J
4057S

Page 616 of 2775 ends

Rocky Mountain Chocolate Factory, Inc.

Roof Experts
Roofing Projects
Rosenshein Associates
Royalty Roofing
Rural King
Sabonn
Sage
San Bernardino County Economic Development
San Gabriel Valley Economic Partnership
San Patricio County EDC
Sands Investment Group
Saul Centers, Inc.

Savers — GreenDrop
Schlosser Development
Schostak Brothers and Co., Inc.

Scooter's Coffee
SDI Realty
Seaman Corporation
Seguin Economic Development Corporation
Select Strategies Realty
Selig Enterprises, Inc.

Servion Commercial Loan Resources
Shea Properties Inc
SHOP Companies
ShopCore Properties
ShopOne Centers
Shopping Center Business Magazine/France Media, Inc
Signs Unlimited
SimonCRE
Simply Tec
Site Source Retail Broker Network
658Y
1525W
2521V
5025Q
817U
4345R
718U
1628X
2979K
856Y
2128X
5052S
3702F
5214P
4057S
33461
406U
4945R
1148X
951X
SMR220
4558S
FC 23
3663K
5304O
3530H
3467J
1925W
611U
1007U
1705U
5630Q

Page 617 of 2775 ends

SiteRise
Sites USA
SITESEER Technologies
Sitewise Analytics
SiteZeus
SJC Ventures
Skilken Gold
Skyline Seven Real Estate
Skyrock Capital
Slim Chickens
Smalls Sliders
Smoothie King
Soft Play
Sonesta International Hotels
Sonny's The CarWash Factory
Spectrum Commercial Real Estate, Inc.

Speed Queen Laundry
Speedy Sweep NV Inc.

SPERRY
Spinoso Real Estate Group
SpinXpress
Spirit Halloween Superstores
Sport Clips, Inc.

Springstead and Associates
SRS Real Estate Partners
St. Nick's Christmas Lighting
Starbucks Coffee Company
Stark Enterprises
State Permits, Inc.

Steak N' Shake
Stern Risk Partners LLC
Stevens Industries, Inc.
914U
1725W
2115V
5348S
5251S
SMR227
5045R
5509O
5549S
732V
219V
719V
2008U
1905U
639W
5824P
1819V
1502U
5448S
3507G
1235Y
229V
422V
5539R
4107Q
2421V
1124V
36391
1626X
418U
1008U
1635Y

Page 618 of 2775 ends

Stirling 3649J
STORE Capital 345X
Storm Checks 4743R
StormTrap 641X
StreetScapes 1821W
STRIVE 4358S
STRONG Pilates 2723W
Subway Real Estate 4811P
Summit Properties USA 210U
Summit Realty Partners, Inc. 638W
Sunstar Vending Inc. 1152Y
Super Star Car Wash 324V
SURMOUNT 5113P
SVN International 5753S
Symphony Towers Infrastructure 1903U
Synthesis National Title & Escrow Group 1813U
Tanger Inc. 3567J, N254
Tango 5545R
TCN Worldwide 2809G
TD Commercial Group 2229X
TeamCalifornia 750X
TERRELL ECONOMIC DEVELOPMENT CORPORATION 5614P
The Boulder Group 36421
The Broadbent Company 4331Q
The CCIM Institute 4514Q
The Cordish Companies 4729Q
The DESCO Group 5444R
The Development Association of Superior and Douglas County WI 560Y The DiMarco Group LLC 1048X
The Feil Organization 4530Q
The Festival Companies 3236H
The Good Feet Store 152Y

Page 619 of 2775 ends

The Harlem Irving Companies, Inc.

The Home Depot Inc.

The Joint Chiropractic
The Krausz Companies
The Kroger Company

THE LEAD FEST
The Learning Experience
The McGarey Group
The Picklr Inc
The Pollard Group Ltd./Stone Real Estate
The Retail Coach, LLC
The Retail Connection
The Sembler Company
The Sports Facilities Companies
The Staenberg Group
The TJX Companies, Inc.

The UPS Store
The Vireo Group
The Wendy's Company
The Woodmont Company
Thomas English Retail Real Estate, LLC
Thrive Real Estate Group/Goodwill
Tommy's Express Car Wash
Toolkit Services
Town of Erie
Town of Firestone
Tractor Supply Company
Tradeline LLC
Trademark Property Company
Transwestern
Travis Star Corp.

Tri State Commercial Realty Services LLC
5021P
3371K
840W
4130Q
5050S
410U
5620Q
33481
953V
3159J
5344R
4300Q
5130Q
5722P
3666J
5730Q
4908P
645X
5511P
3401F
4859S
520V
708U
2523W
848X
4951S
5852Q
2424W
3175K
3767J
1535Y
5519Q

Page 620 of 2775 ends

Tri-Cities, Washington
Tri-Land Properties, Inc.

Trinity Real Estate Investment Services
Triple Net Financial
Tropical Smoothie Cafe, LLC
TSCG
Tutis Group, Inc. dba Illuno
Twin Rivers Capital, LLC
TWS Facility Services
U.S Jaclean, Inc.

U.S. Bridge
University of Utah - Master of Real Estate Development
Upper West Side PHX
Urban Edge Properties
UrbanMeritage, LLC Grossman Development Corp.

US Property Trust
USC Ross Program in Real Estate
VADA Vented Roofs
Valvoline
Varco Pruden Buildings
Venture Commercial Real Estate, LLC
Venture Retail Partners
Vestar
Vicinia
Village of Calumet Park
Village of Matteson
Virtual Guard, Inc.

Volt Solar Energy
VPS (Vehicle Protection Services)
W. P. Carey
Walgreens
Walmart Inc.
1922W
3262J
5346S
FC 28
833V
4885P
2418V
1110U
457Y
1534Y
5342R
2330X
2725W
3354J
3502F
1121V
762Y
2102U
217V
1330Y
4844R
609U
37441
1513V
1625W
656Y
956Y
2214U
2110U
4438R
5330Q
4818Q

Page 621 of 2775 ends

Washington D.C. Economic Partnership
Waterstone Defeasance, LLC
Weathermatic
Weitzman
Welco Realty, Inc.

Wertz Real Estate Investment Services
West Bay Capital, LLC
West Hive Capital
Western Colloid Roofing Systems
Western Retail Advisors
Westland Real Estate Group
Westwood Financial
Wheeler Real Estate Company
Whitestone REIT
Wide Angle Marketing
Widewaters
Wilder
Willoughby Roofing & Sheet Metal, Inc.

Wireless Telematics, LLC
WLS Lighting Systems
WMG Development
Woodbury Corporation
Woodcrest Capital
Woof Gang Bakery & Grooming
Woolbright Development
wpg
WS Development
Wulfe & Co.

Wyld Oaks
X Team Retail Advisors
Xpand I A Linville Team Partners Company
Yardi
33411
733V
2103U
3253J
3720G
FC 12
FC 30
4159S
650X
3318G
5336R
3766J
2862J
1521V
1606U
5156S
3017G
2304U
1010U
912V -B
4752S
1315V
2514V
309U
SMR226
2812G
SMR219
3022G
5559S
4745R
542X
2013V

Page 622 of 2775 ends

Yum! Brands
Zaremba Group, LLC
Zaxby's Franchising, LLC
5718Q
5357S
5430Q

Page 623 of 2775 ends

Attachment B

Page 624 of 2775 ends

Page 627 of 2775 ends

Page 628 of 2775 ends

Highland
San
Bernardino
lip
Colton ...../:

Grand Terrace
t
Redlands
Lorna Linda

BEAUMONT
Mentene
Prime 84 Acre
Retail Development
Opportunity 0 ;o
Freeway Visible
Full Utilities Available
Multiple Parcels

OWATCH NOW
-CALIFORNIA-
Yucaipa
2nd Street and Pennsylvania Avenue
Adjacent to the I-10 Freeway with accessibility from Beaumont, Banning, San Jacinto, Yucaipa, and Redlands.

With easy access to major transportation
corridors and a growing, vibrant community,
this location is positioned to become a
centerpiece of Beaumont's economic and
lifestyle growth. Its versatility makes it
perfect for visionary developers looking to
design a destination that attracts residents
and visitors alike.

This site has unmatched potential for
creating a dynamic hub that blends shopping,
dining, and professional spaces.
>1mi
to Interstate I-10
88mi
to Port of Los Angeles/
Long Beach
•
w
110k 139k
within 15 minutes daily traffic counts

38.5k $121k
with 15 minutes average HH Income
BeaumontCa.gov t RyF 2775 [email protected]

San
Bernardino
Colton
Grai'nd Terrace
•
Highland
Redlands
Loma Linda

BEAUMONT
Mentbrte
Desirable 30 Acre
Retail Development
Opportunity
Freeway Visible
Futt Utilities Available
Single Ownership

WATCH NOW
Marketplace at Oak Valley
Adjacent to the I-10 Freeway with accessibility from Beaumont, Banning, San Jacinto, Yucaipa, and Redlands.

Yucaipa
-C A L I F OR N I A -
With high visibility, excellent access to major
transportation routes, and proximity to a fast-
growing population, this 30 -acre site offers an
exceptional opportunity for retail development
in Beaumont. Located near upcoming major
retail anchors and surrounded by new housing,
schools, and thriving neighborhoods, it's an
ideal canvas for creating a vibrant destination
that brings together shopping, dining, and
lifestyle experiences.
to interstate I-10
88mi
to Port of Los Angeles/
Long Beach
•
•
110k 97k
within 15 minutes daity traffic counts

38.5k $121k
with 15 minutes average HH Income
BeaumontCa.gov Pagmektt-eit 2175 [email protected]

Highla i gip -
an .
- EV
Bern`rdino _- ''
Cotton i
Loma Linda
Grand Terrace
Redlands
\ Strategic 16 -Acre
Hotel & Retail
Opportunity
Full Utilities Available
Freeway Visible
Two Owners
Oak Valley Circle
The signalized corner of West Beaumont has strong visibility and accessibility from the I-10 Freeway off of Oak Valley Parkway.

Merrtene
4) WATCH Now
Yucaipa

BEAUMONT
-CALIFORNIA-
ar'
Located on a prime 16 -acre site along Oak
Valley Parkway, this property offers an
exceptional hotel and retail development
opportunity in a thriving, high -visibility area.

With a nearby regional retail center in
development, this site is perfectly positioned to
capture the attention of both locals and
visitors.

With excellent access to major thoroughfares, a
growing population, and strong consumer
demand, this location is ready to bring your
vision to life.
.2mi 88mi
to Interstate I-10
to Port of Los Angeles/
Long Beach
167k 97k
within 15 minutes daily traffic counts
o
59k $121k
with 15 minutes average HH Income
BeaumontCa.gov
Pa 7Y2s6$ 2775 [email protected]

F ighland
San
Bernardino
Colton` �•
7 w
21 Acre Site
with I-10 Frontage
Loma iinda
Redlands
Merit one
d Terrace
Full Utilities Available
Freeway Visible
Single Ownership

WATCH NOW
6th Street & Xenia Avenue

BEAUMONT
-CALIFORNIA-
20 acres of developable land in the heart of Beaumont and good accessibility from Beaumont, Banning, San Jacinto, Yucaipa, and Redlands
Discover 21 acres of prime development
opportunity in the heart of Beaumont.

Strategically Located with excellent access to
transportation, this site offers unparelleted
potential for innovation and growth.
41 o o' 88mi
.6mi
to Interstate l-10 Long Beach
to Port of Los Angeles/
•
112k 139k
within 15 minutes daity traffic counts
39k $121k
with 15 minutes average HH Income
BeaumontCa.gov Pap1670-02'75 [email protected]

San
Bernardino
Highland
Redlands
Yucaipa
'V 1.25 Acre Mixed Use
Site in the Heart of
Downtown
Full Utilities Available
Single Ownership
D

WATCH NOW
Beaumont Ave & 8th Street
-CALIFORNIA-

1.25 acres of prime developable land in the heart of downtown Beaumont, with convenient access to I-10 and SR -60 via Beaumont Avenue and excellent connectivity to Beaumont, Banning, San Jacinto, Yucaipa, and Redlands.

1.25 acres of developable land at a dynamic
crossroads in downtown Beaumont, offering
high visibility, strong traffic flow, and close
proximity to I-10 SR -60 and key city amenities
— an ideal location for retail or mixed -use
development serving Beaumont, Banning, San
Jacinto, Yucaipa, and Redlands.
�oo
>1mi
to Interstate I-10
88mi
to Port of Los Angeles/
Long Beach
•
w
120k 115k
within 15 minutes daily traffic counts
42k $121k
with 15 minutes
average HH Income
BeaumontCa.gov Pagei6
452775 [email protected]

CITY OF BEAUMONT

BEAUMONT
MAY'19 - 20, 2025 1.

MEET US AT ICSC!
55,388 BEAUMONT

POPULATION
ti17,899

HOUSEHOLDS

9.19%
PROJECTED GROWTH 20242029

INTERESTED IN EXPANDING

IN SOUTHERN CALIFORNIA
AND THE PASS AREA?
C1 I7 r`IJ C, IDr.n

CITY MANAGER

DEPUTY CITY MANAGER
******
38 MEDIAN AGE

30.7 �iinIiitIIlIIIIiiii''IIII
c-
$104,524 24%
MEDIAN HOUSEHOLD INCOME IWO% COLLEGE GRADUATE

SCHEDULE A MEETING AND
VISIT US AT BOOTH #1927X
IN THE LOWER SOUTH HALL!

LAURA JAMES

ECONOMIC DEVELOPMENT MANAGER

JOSEPH CALE

MANAGEMENT ANALYST
rLSEI".'

ECONOMIC DEVELOPMENT DIRECTOR
SCHEDULE A MEETING TODAY! CONTACT [email protected]

rA CITY

ELEVATEDJ

MYSTREET COMMUNITY

OVERVIEW
Transportation projects and traffic concerns are the center of modern cities, shaping how we travel, live, and work. As our city continues to grow, so do challenges associated with congestion and maintaining our streets and roadways. Addressing these issues has become paramount to our residents visitors, and travelers to ensure how we travel is safe and efficient. The City Council and Public Works Department continue to make
transportation projects one of the highest priorities, seeking funding through grants, state, and local funding sources.

Capital Improvement Projects (CIP) typically involve a series of stages over several years to ensure proper planning, execution, and project completion. Funding plays a pivotal and complex role which typically involves a combination of grants, regional funding awarded through special districts, and state/local funding sources.

MAJOR TRANSPORTATION PROJECTS
The figure below only contains major transportation projectss POTRERO INTERCHANGE (P1)
Construction of new 6 -lane
Potrero Boulevard overcrossing
(3 -lanes in each direction) with a
temporary connection to
Western Knolls Avenue.

SECOND STREET EXTENSION
Extending Second Street
Marketplace westbound to
Pennsylvania Avenue.

PENNSYLVANIA WIDENING
Widening Pennslyvania
Avenue from two lanes to four
lanes from First to Sixth Street.

BEAUMONT
—CAL 1, O R N I A—
Where is the funding coming from?
enera2 29% Developer Fees
$1
$38M
54% Grants
$70M

PENNSYLVANIA GRADE
Vertical Realignment of Pennsylvania
to bypass under the railroad crossing.

EN
POTRERO INTERCHANGE (P2)
Addition of on/off ramp to
SR 60, as well as the
realignment of Westem Knolls.

Construction is anticipated to
start in fall 2025.
oo

IDENTIFY
Streets, transit,
facilities, parks, etc.

Page
Current funding sources through Fiscal Year 2025

OAK VALLEY INTERCHANGE
Reconfigure existing
interchange and bridge to
improve traffic flow and safety.
■

HIGHLAND SPRINGS
INTERCHANGE Reconfigure
existing interchange to improve
traffic flow and safety.
p
EMMEN

PENNSYLVANIA INTERCHANGE
Reconstructing existing
interchange ramps and
constructing ramps to improve
traffic circulation.

Capital Improvement Projects
D D O

FUNDING
DESIGN

CONSTRUCTION

COMPLETION
Identify and seek
Architects &
Physical process of
All construction work
grant and local
engineers develop
building & other
g
is deemedcomplete.
funding sources.
plans, determine
associated
Currently unfunded.
scope &timeline.
activities.

BEAUMONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Gustavo J. Romo, Deputy City Manager
Robb Steel, Economic Development Consultant
Melody Arechiga, Senior Planner
DATE June 17, 2025
SUBJECT: Development Agreement by and between the City of Beaumont and Beaumont Regency AVG LLC (PLAN2025-0177)
Description Conduct a Public Hearing for Consideration and Approval of a Development Agreement (DA) between the City of Beaumont and Beaumont Regency AVG LLC for the development of a 279,941 square -foot (sf) commercial shopping center at Oak Valley Parkway and the I-10 Freeway (Project) on a 28.95 acre site (Site), Adoption of a Resolution Approving the Off -Site Traffic Improvements Reimbursement Agreement (RA), Adoption of a Resolution to approve Amendment No. 6 to the City Five -Year Capital Improvement Plan for Fiscal Years 2025-2029 (CIP), and Amend the Fiscal Year 2024-2025 Budget. The DA has been determined exempt under Article 12, Section 15183 (Projects Consistent with a Community Plan or Zoning) of the California Environmental Quality Act (CEQA).

Background and Analysis:

Planning Commission Action
On May 28, 2025, the Planning Commission conducted a public hearing, approved a Plot Plan for the retail center layout and design, Variances for reduction in parking and open space, and Sign Program for the subject development with conditions of approval and findings in accordance with Section 15183 of the CEQA Guidelines identifying the Project as exempt from further environmental review. The Commission also recommended approval of the DA to the City Council by adoption of an ordinance of the City Council.

Applicant
On December 19, 2024, Beaumont Regency AVG LLC, a limited liability company formed between the landowner (Oak Valley Village LLC, a California Limited Liability Company) and Regency Centers LP, a Delaware corporation (Applicant) submitted requests for the Project entitlements, including a DA. Regency Centers is a national

Page 637 of 2775 ends

owner, operator, and developer of shopping centers across the United States specializing in anchored shopping centers within suburban communities.

Development Agreements
California Government Code (Section 65864 et. seq.) and City of Beaumont Resolution 1987-34 authorize the negotiation and approval of development agreements.

Development agreements eliminate uncertainty with respect to the development process and promote more orderly and efficient development, thereby improving the local economy. The City wishes to grant such certainty to induce development that creates jobs, provides goods and services to residents, and generates revenues to support public services. Development agreements typically vest certain land use entitlements and provide other support in exchange for consideration that may include extraordinary land dedications, expanded public improvements, accelerated development timing, or general project inducement.

Resolution 1987-34 requires that the City Council, after receiving a recommendation from the Planning Commission, conduct a public hearing and make the following findings to approve a development agreement:

A. The provisions of the agreement are consistent with the general plan and any applicable specific plan; and
B. The development agreement complies with all applicable zoning, subdivision, and building regulations and with the general and any specific plan.

The DA must state the specific duration of the agreement, the permitted uses of the property, the density and intensity of use, the maximum height and size of proposed buildings, and any specific provisions for reservation of dedication of land. The City Council must approve the DA by adoption of an ordinance.

The proposed DA incorporates the required content, and the staff report addresses the required findings.

Development Agreement Negotiation Goals
The Applicant and the City negotiated the DA to accomplish the following goals:
• Develop the Site into a high -quality commercial development that will reduce retail sales leakages, maximize tax revenues to the City, create job opportunities, and provide goods and services currently lacking in the community.

Page 638 of 2775 ends

• Develop a modern community shopping center anchored by a major general merchandise retailer and grocery store, accompanied by an assortment of specialty retail, restaurant, and service businesses.
• Offset the cost of public improvements, thereby rendering the Project economically feasible to develop and operate for the Applicant. • Structure the transaction to limit the Applicant's obligation to pay prevailing wages to the public improvements of the Project by structuring the DA in accordance with State statutory requirements.

In accordance with Labor Code Section 1720(c), if the City "requires the developer to perform construction ...work on a public work of improvement as a condition of regulatory approval of an otherwise private development project, and the City contributes no more money, or the equivalent of money, to the overall project than is required to perform this public improvement work, and the state or political subdivision maintains no proprietary interest in the overall project, then only the public improvement work shall thereby become subject to the payment of prevailing wages." To minimize the risk that the DA triggers an obligation to pay prevailing wages for the construction of the private improvements, the DA only offers reimbursement of actual costs for the public improvements imposed as a condition of regulatory approval and the City does not maintain a proprietary interest in the Project. Consequently, the parties intend that prevailing wage obligations only apply to the construction of the public improvements. The Applicant must defend, indemnify, and hold the City harmless from any claim related to prevailing wage liability, and the parties agree to cooperate to address any such claims to avoid such exposure.

Site Description
The larger property consists of eight (8) vacant parcels totaling 64.3 acres on the south side of Oak Valley Parkway, easterly of the I-10 freeway. The Applicant will carve a

28.95 -acre development site area (Site) from the larger property for the purposes of the Project by processing a lot line adjustment and dedicating remaining portions of the property for habitat conservation, stormwater detention, and other purposes. The Site currently lacks public improvements along its full frontage. The landowner also owns a vacant parcel to the east of the Site that is not part of the current Project but proposed for later development (although it will benefit from the proposed Oak Valley Parkway improvements).

Project Description
The Project would develop in two (2) phases totaling approximately 280,000 square feet (sq. ft., rounded) of commercial uses. The Phase I Project consists of approximately

Page 639 of 2775 ends

230,000 sq. ft. of commercial uses, anchored by an approximately 148,000 sq. ft. Target general merchandise store and an approximately 24,000 sq. ft Sprouts grocery store.

In -line shop space and pads would add another 58,000 sq. ft. of commercial space.

Targeted tenants for the shop space and pads include a variety of fast casual restaurants and service establishments including Cava, Chipotle, Philz Coffee, Starbucks, Bath & Body Works, and Famous Footwear. The Applicant intends to ground lease pads to Target and several outparcel tenants, while also developing its own vertical improvements for direct lease to other tenants.

The Phase II Project would add another large format retailer of approximately 50,000 sq. ft. with parking on approximately five (5) usable acres of the Phase II Site. Potential tenants include, but would not be limited to, Dick's Sporting Goods, Burlington, or TJ Maxx/Marshalls.

If facilitated by an approved and adopted DA, the Applicant would construct horizontal on and off -site improvements for the Phase I Site and the Phase II Site during initial construction to achieve scale economies, minimize future construction disruption, and encourage development of the Phase II Project. During the Phase I Project, the Applicant is required to also rough grade the Phase II Site and construct the detention basin and the slope protection improvements along Noble Creek along with the retaining walls next to the freeway offramp. The Applicant would be responsible to construct the off -site improvements along the full frontage on Oak Valley Parkway from the westbound I-10 freeway off -ramp to a point approximately 700 feet easterly of Oak View Drive ensuring not less than 4 travel lanes in both directions easterly on Oak Valley Parkway. The Project would access Oak Valley Parkway via two full -access signalized intersections at Golf Club Drive and at Oak Valley Plaza and one right in/right out only driveway.

Freeway Sign Digital Display)
The Applicant seeks a waiver of the moratorium on billboard signs from the City for a future "Gateway" digital pylon sign/billboard permitting on and off -site advertising. The proposed location would be at the southeast corner of the Site adjacent to the westbound freeway off -ramp within the Phase II Site. The Applicant also submitted a Sign Program that includes pylon signage, monument signage, and storefront signage for individual tenants. The subject freeway sign is not a part of the approved Sign Program. Therefore, the sign would have to be submitted separately through an amendment to the Sign Program and reviewed through a public hearing by the City's Planning Commission. In addition, the Applicant would be solely responsible for securing permits from other governmental entities with jurisdiction for the digital pylon sign/billboard.

Page 640 of 2775 ends

Except as otherwise provided in the DA, Applicant shall assume all Project costs.

Term
The proposed term of the DA is ten (10) years from the Effective Date. The Effective Date means the later of (i) 30 days after adoption of the ordinance approving the DA, and (ii) the date the Applicant acquires the Property, but in any event not later than June 30, 2026. The Applicant and any successors would be able to request extension of the term for an additional five (5) years subject to the City approval. The ordinance approving the DA would be a legislative act subject to referenda.

Land Use Entitlements (Project Approvals, Applicable Rules and Reserved Rights) Development of the Project would be subject to the approved land use entitlements, consisting of the Project Approvals, Applicable Rules and Reserved Rights as summarized below. The Project Approvals consist of the land use entitlement applications submitted to, and approved by, the Planning Commission using adopted rules, regulations, ordinances and official policies of the City regarding land development as of the Effective Date (the Applicable Rules). With limited exceptions (the Reserved Rights in Section 2.8.2), the DA would grant the Applicant a vested right to develop the Project in accordance with the Project Approvals and the Applicable Rules.

Project Approvals: The Applicant submitted the following land use entitlement applications to the City and the Planning Commission for its Project Approvals (the Planning Commission Staff Report dated May 28, 2025, is attached hereto as Attachment A, providing details regarding the Project Approvals):
• Plot Plan (P2024-0059)
• Parking Variance (V2024-0019)
• Open Space Variance (V2025-0031)
• Sign Program (Plan 2024-0157)
On May 28, 2025, the Planning Commission conducted a public hearing, approved the subject applications, imposed conditions of approval, and made findings in accordance with Section 15183 of the CEQA Guidelines that the Project is exempt from further environmental review because it is consistent with a previously approved general plan and certified environmental impact report. In addition, the Site was the subject of a certified environmental impact report for a larger commercial project in 2007. The Applicant filed a Notice of Exemption with the State Clearinghouse and County Clerk on May 30, 2025 (SCH #2025051384). The Planning Commission adopted Resolution No. 2025-02 making the findings required by Resolution 1987-34 and recommending that the City Council approve the Development Agreement (Attachment B).

Page 641 of 2775 ends

The proposed DA defines the above enumerated land use entitlement approvals as the Planning Entitlements. The Project Approvals encompass the Planning Entitlements and the DA.

Applicable Rules: The Applicable Rules mean: (a) the land use regulations of the City as of the Effective Date of the Ordinance, and (b) future rules that are not inconsistent with the current land use regulations and the proposed DA and agreed upon in writing by Applicant and the City.

The Project may require subsequent ministerial or discretionary permits, licenses, environmental findings, or other similar approvals to develop the Project. The City must impose Conditions of Approval consistent with the Project Approvals and Applicable Rules unless otherwise agreed by the Applicant.

Reserved Rights: The Project would remain subject to all Federal and State Laws, Police Powers, and Uniform Codes as they exist today or as modified in the future.

These include building codes, public improvement construction standards, and other health and safety regulations. If the Applicant proposes to modify the Project in the future, such changes are not Project Approvals, and the Applicant does not retain the vested rights with respect to those changes.

The Applicant and Project would be subject to any lawfully imposed conditions of approval imposed by other governmental agencies. The Project and its occupants would remain subject to all taxes of general applicability (such as sales taxes, transient occupancy taxes, or property taxes).

The Development Agreement does not bind the Applicant to any specific schedule of performance for the private improvements.

Development Fees
The Applicant would also be required to pay all customary planning processing and permit fees for the Project in accordance with the applicable City planning, engineering, building, and development fee schedules. The Applicant would also pay, or cause to be paid, any required processing fees by other regulatory agencies with jurisdiction over the Project at the time and in the manner prescribed. Applicant would solely be responsible for all costs of land use entitlement and building permit issuance/inspection.

The Developer (or its purchaser/users) would be required to pay all Development Impact Fees imposed by the City in accordance with the schedule in effect at the issuance of building permits. The City currently levies 11 distinct capital facility impact

Page 642 of 2775 ends

fees to mitigate the costs of growth upon the City's infrastructure and burden development for its fair share of those costs. The Phase 1 Project would be expected to pay a total of between $3.6 million and $5.0 million in development impact fees to the City, depending upon when building permits are issued (before December 31, 2025, or after as illustrated in the table). The Phase 1 Project would be expected to pay a total of $2.5 million to $3.5 million to the Streets & Bridges (Transportation) Account from which the reimbursement payment for public improvements is proposed. Refer to Fiscal Impact for DIF balance discussion.

Development I npact Fee Estimate
Regency Centers
Oak Valley Village (Target & Other Retail)
Fees Effective 7101125
Fee/Unit Target Other BSF
Fees Effective 1101/26
Project Fee/Unit Target Other BSF Project
Fire Protection Facilities
Police Facilities
Public Facilities
Streets and Bridges
Railroad Crossings
Sewer Facilities
Recycled Water Facilities
Sewer Capacity
Sewer Capacity
General/Advanced Planning
Emergency Preparedness
Storm Drain Facilities
Low Strength
High Strength

0.360

0.270

0.150

10.700

2.810

0.250

0.140

0.900

2.060

0.010

0.002

0.010
53,231
39,923
22,179
1,061,1;i4
415,495
36,966
20,701
133,077
1,479
2%
1,479
29,621
22,216
12,342
dSdSU,3y6
231,207
20,570
11,519

48.737
57,944
823
165
823
82,851
62,139
34,521
1,461,530
646,702
57,536
32,220
181,814
57,944
2,301
460
2,301
City of Beaumont Fees 2,306,959 1,316,361 3,623,320
Fees/BSF

15.60 16.00 15.74

0.430

0.350

0.160

15.050

4.240

0.310

0.140

0.940

2.190

0.010

0.002

0.020
63,581
51,752
23,658
1,115,3325
626,939
45,838
20,701
138,991
1,479
296
2,957
35,380
28,798
13,165
1,1325,314
348,867
25,507
11,519
50,903
61,600
823
165
1,646
98,961
80,550
36,823
3,463,651
975,806
71,344
32,220
189,894
61,600
2,301
460
4,603
3,201,530 1,816,687 5,018,216

21.65 22.08 21.80
The Developer would be required to pay any development impact fees levied by other regulatory agencies with jurisdiction over the Project at the time and in the manner prescribed, including but not limited to Transportation Uniform Mitigation Fee (TUMF), Multiple Species Habitat Conservation Plan (MSHCP), Beaumont Unified School District (BUSD), and Beaumont -Cherry Valley Water District (BCVWD). The Developer (or its purchaser/users) would be required to pay any or all Fair Share Fees imposed by the City or other regulatory agencies with jurisdiction over the Project at the time and in the manner prescribed. The Applicant would be able to seek credit or reimbursement for eligible costs incurred under these programs.

Public Improvements
The Applicant requested a City contribution toward the cost of public improvements imposed as a condition of regulatory approval for the Project. The Public Improvements generally consist of the following:

Page 643 of 2775 ends

• Widening the south side of Oak Valley Parkway to its full width improvement standard the entire length of the Project frontage and extending to a point 700 feet easterly of the centerline of Oak View Drive to provide not less than four full lanes of travel easterly on Oak Valley Parkway (and along the full frontage of landowner's property, including property not included in the current Project). • Installation of two (2) new traffic signals and ancillary intersection improvements at Desert Lawn Parkway and Elm Avenue.
• Modifications to three (3) existing traffic signals and ancillary intersection improvements on Oak Valley Parkway at Oak View Drive, Golf Club Drive, and Oak Valley Plaza.
• Widening and intersection improvements for a Project driveway on Oak Valley Parkway between the I-10 Freeway and Golf Club Drive.
• Install necessary underground utilities (water, sewer, gas, etc.) to support the Project and adjacent properties.
• Underground overhead electrical, cable, phone, and related line utilities in accordance with the Beaumont Municipal Code.

The estimated hard cost of this scope of work is anticipated to be $7.6 million per the Applicant's estimates (the estimate is included as Exhibit D to the Development Agreement). The DA would obligate the City to make a Maximum Reimbursement payment of $6 million toward the "actual" hard and soft costs of these public improvements in accordance with the terms of an Off -Site Traffic Improvements Reimbursement Agreement. Only public improvements that will be owned and maintained by the City of Beaumont are subject to reimbursement per the agreement.

The Nexus Study for the Streets & Bridges development impact fee does not specifically identify the Oak Valley Parkway improvements. In order to make the Maximum Reimbursement payment from this Account as proposed in the Fiscal Impact Section of this staff report, the City's Nexus Study consultant (Willdan) recommended that the City (1) include the new project in the Capital Improvement Program (CIP) and provide a description why it is a reasonable substitute for the project(s) being replaced, and (2) identify the substituted project in the annual AB 1600 report and addressing the other AB 1600 reporting requirements. Staff proposes to amend the 2025-2029 CIP to add a new capital project (R25-16 Oak Valley Widening and Traffic Signals Update Project) in the amount of $6,000,000. Partial funding in the amount of $2,100,000 from the Streets and Bridges Account derives by replacing the following projects from the CIP and from the Nexus Study:

Page 644 of 2775 ends

1. R26-04 Traffic Signal Installation at Future Location

2. R27-04 Traffic Signal Installation at Future Location

3. R28-04 Traffic Signal Installation at Future Location

4. R25-07 Traffic Signal at OVP and Palm Avenue
Total:
$ 600,000
$ 600,000
$ 600,000
$ 300,000
$2,100,000
The remaining funding of $3,900,000 is proposed from General Funds as described in the Fiscal Impact section of this report.

Off -Site Traffic Improvements Reimbursement Agreement
The specific procedures for administering the public improvement project and submitting a reimbursement request are included in the Offsite Traffic Improvement Reimbursement Agreement attached as Attachment C. The Applicant would be required to comply with specified elements of the Public Contract Code and pay prevailing wages to all eligible workers on this component of the Project. The Applicant would be required to secure its obligations by posting bonds for not less than 100% of the estimated project costs. Upon completion, the City would inspect and, if applicable, accept the public improvements as complete, receive post -completion maintenance guarantees and as -built drawings among other items. Thereupon, the Applicant would submit a Reimbursement Request documenting all eligible actual costs of constructing the public improvements by providing invoices, checks, and other documentation reasonably required by the City. The City would review the Reimbursement Request within 30 days after receipt, and if approved, pay the claim within 30 days after approval.

Further, the Applicant must satisfy the following conditions before the City must make the final Maximum Reimbursement payment:

1. Substantially complete the Offsite Traffic Improvements, and

2. Substantially complete the on -site improvements (i.e., horizontal work including grading, asphalt, landscape, utilities, concrete, parking lot lighting, etc. in all material respects), and either:

3. Cause a major retailer with a nation-wide presence having at least 125,000 square feet of floor space to open for business within the Project, or

4. Obtain certificates of occupancy from the City for not less than 50,000 square feet of building space for the Project (to include, as a portion of such square footage, a

Page 645 of 2775 ends

grocery store of at least 20,000 square feet in size) and ensure the City has received at least one dollar of sales revenue originating from the Project.

The projected satisfaction date for these conditions is the 2nd quarter of 2027 with a payment due date in the 3rd quarter of 2027 assuming the Applicant submits a complete reimbursement request.

Permit and Improvement Deferral
It is expected that the Owner/Applicant will diligently pursue all necessary permits from Caltrans for work within the Caltrans right-of-way and related Caltrans facilities within a reasonable timeframe following project approval. However, the Owner/Applicant is concerned with potential Caltrans delays. In the event that the required Caltrans permit is delayed beyond the completion of other public improvements or issuance of the Certificate of Occupancy, it has been the City's practice to allow Owners/Applicants to apply for an Improvement Deferral Agreement. This agreement may allow for the deferral of Caltrans-specific improvements for a period not exceeding one (1) year beyond the issuance of the Certificate of Occupancy. This practice is intended to give tenants the assurance that their Certificates of Occupancy will not be delayed due to circumstances beyond their control.

Digital Display
The Applicant proposes a digital display sign that promotes on and off -site products and opportunities. A conceptual plan that would be considered at a separate public hearing is attached hereto as Attachment D.

Beaumont Municipal Code Section 17.070.030 defines a billboard as a permanent sign structure used for the display of offsite commercial messages. Section 17.070.030.E finds that "the City already has a sufficient number of billboards to satisfy the community's needs for offsite commercial messages, and that any new or additional billboards, which by their very nature cause serious esthetic harm, would negatively impact the appearance of the City. For these reasons, the City completely prohibits the construction, erection or use of any billboards, other than those which legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision is first adopted, except for the relocation of existing billboards pursuant to this section."
The Applicant requests an exception to this prohibition for the Project. The City Council may, via the Development Agreement authorized by ordinance, grant an exception to this prohibition for this Project and for no other within the City. Section 2.2.1 of the proposed DA treats the approval of the digital display sign as a subsequent discretionary approval and the Applicant would be required to submit an application for sign permit approval to the Planning Commission, which will address location, design,

Page 646 of 2775 ends

and operating conditions of approval. The Applicant would also be required to secure all approvals from other jurisdictional authorities including Caltrans under the California Outdoor Advertising Act. If approved, the Applicant would agree to indemnify and hold harmless the City from any and all claims associated with failure to obtain other agency's approval of the digital display.

The Applicant has stated a willingness to discuss public service announcements for the City in the future.

Development Agreement Benefits/Costs
The DA would mitigate uncertainty for the Applicant and improve project feasibility by contributing up to $6 million of City funds to offset the cost of extraordinary public improvements. The City's cost would be recaptured from the following benefits:
• Sales Taxes: Upon Phase 1 Project completion, the City would realize potential gross sales tax revenues of $750,000 per year and net sales tax revenues of $675,000 per year (after assuming a 10% intracommunity transfer factor). Phase 2 could add another $150,000 per year in gross sales taxes upon completion ($135,000 net). The City would also recognize an increase in state and county pool allocations based upon a growing share of the regional sales tax base, with an estimated increase of approximately $81,000 per year upon buildout of Phases 1 and 2 based upon an assumed 10% share of the state and county pool allocations. • Property Taxes: The completed Phase 1 Project produces net new assessed valuations of approximately $77 million. Phase 2 would add another $12 million for total buildout assessed valuations of $89 million. This assessed valuation increase would produce approximately $104,000 per year in new property taxes to the City of Beaumont. In addition, the City would recognize an estimated increase of $85,000 per year in motor vehicle in lieu subventions due to the increased property valuation. • Jobs: Using standard employment multipliers for commercial space, the Project would create an estimated 450 new full and part-time jobs with Phase 1. Phase 2 would add another 100 jobs to the employment base.
• New Goods and Services for Residents: The Project would provide additional shopping and dining opportunities for Beaumont residents, including general merchandise, grocery, specialty retail, and dining. Currently, Beaumont suffers retail sales leakages to surrounding communities for all these merchandise categories.

Upon completion and stabilized occupancy of Phases 1 and 2, the City should receive approximately $1.1 million in net new General Fund revenue annually from sales and

Page 647 of 2775 ends

property taxes, thus, recovering the $3,900,000 initial impact on the General Fund within 3 to 4 years.

Development Agreement Risks
The City accepts certain risks under the terms of the proposed Development Agreement:
• Changes in Land Use Preferences: The DA would generally restrict the City from modifying the land use regulations that apply to the Project for a period of 10-15 years.

Neither a future City Council nor the resident voters of Beaumont would impair the development of the Project as approved for the term of the Development Agreement. • Public Revenues may not materialize in the amount projected: The forecasted revenues are based upon expected tenancies and sales volumes. The DA would provide no minimum revenue guarantee and no assurance that any specific tenant would open for business at the location. General economic conditions (recessions, inflation, consumer trends) would impact the actual performance of the Project and the City's anticipated public improvement investment payback. • Applicant may become entitled to the Maximum Reimbursement amount, but Major Retailer does not construct and or operate a store. Under the terms of the proposed DA, the City may be obligated to make the reimbursement payment for public improvements without the major retailer in operation. The major retailer may have an executed lease with the Applicant, but the Applicant does not have an operating covenant from the major retailer — in other words, an obligation to open a store for business. The public revenues would substantially diminish in this unlikely event; however, the Applicant would be highly motivated to find a suitable replacement tenant(s) to maximize the value of the shopping center.

Importantly, under any of these outcomes, the City would nevertheless benefit from the installed infrastructure and improvements to the circulation system on Oak Valley Parkway. The Site would also be fully improved and ready for immediate development.

Environmental
On May 28, 2025, the Planning Commission determined that the Project Approvals were exempt from CEQA under Article 12, Section 15183 of the CEQA Guidelines because the Project is consistent with a community plan and zoning. On May 30, 2025, the Applicant filed a Notice of Exemption with the County Clerk and State Clearinghouse. The proposed DA is likewise exempt pursuant to Section 15183, and if approved and adopted, the Applicant will file a Notice of Exemption after the second reading of the ordinance.

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Fiscal Impact:

By amending the CIP and the Nexus Study to add the Oak Valley Widening and Traffic Signals Update Project (R25-16), the City may contribute up to $2,100,000 from the Streets & Bridges Development Impact Fee Account. The Applicant and other Project developers would be required to pay an estimated $2.5 million to $3.5 million in Streets & Bridges Development Impact Fees at Phase 1 build out (with an additional $0.75M for Phase 2). Other developments within the City would also contribute to the Streets & Bridges Account prior to the date for reimbursement. The CIP Amendment would establish a priority claim on the Streets & Bridges Account to make the Reimbursement Payment to the Applicant after fulfilling all current obligations against the Account.

If the Streets & Bridges Account does not have adequate funding to make the full Reimbursement Payment, the General Fund would assume responsibility for any residual obligation. The General Fund would loan the shortfall to the Streets & Bridges Account and recover the advance from future developer deposits into the Streets & Bridges account.

The General Fund is obligated for the $3,900,000 residual obligation payable from the following adjustments in the CIP:

BEAUMONT

CAPITAL IMPROVEMENT PROGRAM- CHANGE LOG
FY25-29 AMENDMENT NO. 6
City of Beaumont
CIP
CIP
Pro'ect
Budget Changes Funding
Source
FY Update
Funding
R25-16 Oak Valley Widening and Traffic Signals Update
Project
R25-16 Oak Valley Widening and Traffic Signals Update
Project
R25-16 Oak Valley Widening and Traffic Signals Update
Project
R25-16 Oak Valley Widening and Traffic Signals Update
Project
R25-16 Oak Valley Widening and Traffic Signals Update
Project
F25-02 Fire Engine
R25-11 Street Name Sign (400,000) General Fund
R25 California Storm Drain Replacement (600,000) General Fund $
$
$
2,100,000 DIF -Transportation
2025 New Project
1,000,000 F25-02 Fire Truck Purchase 2025 New Project
404,000 R25-11 Street Name Sign 2025 New Project
R25 California Storm Drain
600,000 Replacement 2025 New Project
1,900,000 General Fund 2025 New Project
(1,000,000) General Fund
$
2025 Budget Change
2025 Close/ Defer
2025 Close /Defer
Proposed Amendment No. 6 to the FY25-29 CIP reallocates General Funds from projects proposed for closing or deferral in the amount of $2,000,000. This necessitates a supplemental General Fund allocation of $1,900,000 to fulfill the $6,000,000 Maximum Reimbursement.

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Section 2.7.1 of the DA would require that the City provide for the Maximum Reimbursement in the City's Capital Improvement Program and Budget at the time of adopting the ordinance. City staff noticed a public hearing concurrent with DA consideration to fulfill this proposed obligation by adopting resolutions amending the CIP and Budget.

The General Fund recovers its total contribution of $3,900,000 from the direct and indirect revenue streams, notably sales taxes, property taxes, and motor vehicle in -lieu taxes. The table below projects the Project revenues and expenses to illustrate the Estimated General Fund Investment Payback
Regency Oak Valley Village Project
General Fund Revenues
Running
Regency GF
Net County/State
Gen Levy
Motor
Annual
Total
Reimbursement
On -Site
Pool
Property
Vehicle
Revenue
General Fund
Net GF
Year ft FY Phase Stage Payment
Sales Allocations
Tax
In Lieu
Total
CashfLow
Investment
1 2026 Phase Construction
-
-
-
-
-
-
-
2 2027 Phasel Construction
-
-
-
-
-
-
-
3 2028 Phase 1 Lease Up (3,900,000)
675,000
68,000
89,000
73,000
905,000
(2,995,000)
(2,995,000)
4 2029 Phasel Lea s ed/P2 Const
675,000
68,000
89,000
73,000
905,000
905,000
(2,099,000)
5 2030 Phase 1 & 2 Stablized Occupancy
810,000
81,000
104,000
85,000
1,080,000
1,080,000
[1,010,000)
6 2031 Phase 1 & 2 Stablized Occupancy
810,000
81,000
104,000
85,000
1,080,000
1,080,000
70,000
7 2032 Phase 1 & 2 StabLized Occupancy
810,000
81,000
104,000
85,000
1,080,000
1,080,000
1,150,000
8 2033 Phase 1 & 2 Stablized Occupancy
810,000
81,000
104,000
85,000
1,080,000
1,080,000
2,230,000
9 2034 Phase 1 & 2 Stabilized Occupancy
810,000
81,000
104,000
85,000
1,080,000
1,080,000
3,310,000
10 2035 Phase 1 & 2 StabLized Occupancy
810,000
81,000
104,000
85,000
1,080,000
1,080,000
4,390,000
Notes:

1. Revenues and expenses are not inflated nor discounted.

2. Pool allocations conservatively assumed at 10% of net on -site sales. anticipated payback period. Based upon the assumptions, the General Fund recovers its initial investment in FY 2031, four years after the Applicant receives the Reimbursement Amount.

Recommended Action:

Conduct Public Hearing and then:

Waive the first full reading and adopt by title only, "An Ordinance (Attachment E) of the City Council of the City of Beaumont Approving a Development Agreement (Attachment F) by and between the City of Beaumont and Beaumont Regency AVG LLC" and making findings that the Development Agreement is exempt from CEQA in accordance with Section 15183 of the CEQA Guidelines.

Adopt Resolution of the City Council (Attachment G) approving the Off -Site Traffic Improvements Reimbursement Agreement to be effective only with the Development Agreement.

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Adopt by title only "A Resolution of the City Council (Attachment H) approving Amending the Five -Year Capital Improvement Plan for Fiscal Years 2025-2029" to include the Maximum Reimbursement Amount of $6 million from the Streets & Bridges Development Impact Fee Account.

Attachments:

A. Planning Commission Staff Report and Attachments
a. CEQA 15183 Exemption Analysis
b. Draft Conditions of Approval
c. Draft Resolution
d. Development Agreement and Off -Site Traffic Improvements Reimbursement Agreement
e. Development Plans
f. Sign Program
g. General Plan Land Use Designation Map
h. Zoning Map
i. Aerial Photograph
j. Parking Variance Request
k. Open Space Variance Request
I. CA ABC License Report 438.22
m. Radius Map and Certification
n. Proof of Publication
B. Planning Commission Resolution No. 2025-02
C. Off -Site Traffic Improvements Reimbursement Agreement D. Billboard Sign — Conceptual Drawing — Reference Only E. Ordinance of the City Council Approving Development Agreement F. Development Agreement
G. City Council Resolution Approving the Off -Site Traffic Improvements Reimbursement Agreement
H. City Council Resolution Amending FY25 CIP
I. Notice of City Council Public Hearing/Proof of Publication J. Budget Adjustment Form

Page 651 of 2775 ends

BEAUMONT
-C A L I F O R N I A
TO:

FROM:

DATE
SUBJECT:

Planning Commissioners
Gustavo J. Romo, Deputy City Manager
Melody Arechiga, Senior Planner
May 28, 2025
Oak Valley Village — Plot Plan (PP2024-0059), Sign Program (PLAN2024- 0157), Variance (V2024-0019 and V2025-0031), Development Agreement (PLAN2025-0177) and Section 15183 CEQA Exemption
Regency Centers, LP
APPLICANT:

Staff Report
Description A Public Hearing to consider a request for approval of a Plot Plan (PP2024-0059), Sign Program (PLAN2024-0157), Variances (V2024-0019 and V2025- 0031) for parking and open space, and Development Agreement (PLAN2024-0177) to construct a commercial center on a 28.95 -acre vacant site comprised of multi -tenant buildings and commercial pad sites totaling approximately 279,941 square feet of retail and restaurant floor area. The project site is located east of Interstate 10 (I-10) and south of Oak Valley Parkway within the Community Commercial (CC) zone (APNs: 414- 070-008, 414-080-001, -002, -003, -004, -005, -006, and 414-090-019). The proposed applications are exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Article 12, Section 15183 (Projects Consistent with a Community Plan or Zoning).

Background and Analysis:

Regency Centers, LP (Applicant) is requesting approval of several applications that were submitted on December 19, 2024. The individual requests are as follows:

Plot Plan (PP2024-0059). A plot plan is required by the Beaumont Municipal Code per Section 17.02.070 to establish a new land use. The proposed land use includes a commercial center comprised of two (2) major tenant buildings, two (2) multi -tenant buildings (including one with a major tenant) and four (4) commercial pad sites for future drive -through restaurants (Attachment E).The project has been conditioned to require the drive -through uses to submit Conditional Use Permits once tenants are identified (Planning Condition of Approval No. 6, Attachment B)

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Sign Program (PLAN2024-0157). The Municipal Code of the City of Beaumont Section

17.07.030.L allows Sign Programs for specific developments as well as special sign districts or special sign overlay zones, or in specific plans of land uses, when approved as required by applicable law, may modify the rules stated as to sign size, height, illumination, spacing, orientation or non -communicative aspects of signs, but may not override or modify any of the basic policies. The proposed sign program is provided as Attachment F to this staff report.

As part of the sign program, the applicant is proposing two (2) monument signs, two (2) pylon signs along Oak Valley Parkway, one (1) freeway pylon sign and sign development standards for the tenants of the two (2) multi -tenant buildings and Pad A.

The Applicant has requested allowances for a billboard sign that are being addressed as part of the Development Agreement and will require a separate application at a future date.

Variance (V2024-0019). The Applicant is requesting a variance from the parking requirements of Table 17.05-1 of the Beaumont Municipal Code. A total reduction of 181 parking stalls is being proposed out of 1,560 required spaces based on the applicant's parking analysis (Attachment J).

Variance (V2025-0031). The Applicant is also requesting a variance from the 7,600 square feet of public open space required by Beaumont Municipal Code per Section

17.03.080.G.6 due to constraints created by meeting other Beaumont Municipal Code requirements, requirements for landscaping and the conveyance of conservation areas to the RCA. The Applicant's request is included as Attachment K. Furthermore, the Applicant has requested a variance as part of the public open space request to allow some reduced dimensions for planter areas to accommodate the site plan layout in certain areas (Beaumont Municipal Code Section 17.06.050.A) Development Agreement (PLAN2025-0177). Government Code, Section 65864- 65869.5 authorizes cities to enter into binding development agreements with the person having legal or equitable interests in real property for the development of such property.

The City of Beaumont Resolution No. 1987-34 establishes procedures for consideration of applications for such agreements.

Article 3, Section 301 of Resolution No. 1987-34 states that after hearing by the Planning Commission, the Planning Commission shall make its recommendation in writing to the City Council. The recommendation shall include the Planning Commission's determination whether or not the Development Agreement is consistent with the required findings.

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The City and Applicant propose to enter into a Development Agreement to make the Project feasible due to the costs associated with infrastructure needs. The Development Agreement vests certain land use entitlements to develop and operate the Project and mitigates risk to ensure the development is not detrimentally affected by future changes to development standards applicable to the Site. Additionally, the Development Agreement obligates the City to reimburse the applicant for certain public improvements that are required by the City as a condition of regulatory approval. The City will realize a variety of public benefits, including expanded access to goods and services, new jobs and public revenues, and improved traffic circulation.

Exemption from the California Environmental Quality Act (CEQA) pursuant to Article 12, Section 15183 (Projects Consistent with a Community Plan or Zoning) Exemption 15183 of CEQA applies to the Project and is consistent with the development density established by existing zoning, community plans and the General Plan for which an Environmental Impact Report (EIR) was previously certified.

Additionally, the City of Beaumont previously prepared and certified an EIR for a similar and larger project on the Site in 2007 (SCH#2006011015). Please see the Environmental Documentation section of this staff report for more information and Attachment A for the analysis of compliance with Section 15183 of the CEQA Guidelines.

Project Setting:

The 28.95 -acre project setting (Site) is currently vacant and consists of eight (8) parcels (i.e., APNs 414-070-008, 414-080-001, -002, -003, -004, -005, -006, and 414-090-019).

The southside of Oak Valley Parkway currently has asphalt curb, no sidewalk, and overhead utility lines and poles. The north side of the street has sidewalk, curb, and gutters. Furthermore, the intersection of Oak Valley Parkway and Golf Club Drive is a signalized intersection with crosswalks and street improvements.

The uses surrounding the subject properties include vacant land adjacent to the east and south of the property. To the north across Oak Valley Parkway is the Oak Valley Plaza, which includes a variety of retail uses, restaurants and a Chevron service station.

To the northwest, also across Oak Valley Parkway, is a 76 gasoline service station and vacant land. Finally, west of the property is Interstate 10.

The project setting can also be seen in the following materials attached to this staff report:
•
•
General Plan Land Use Map (Attachment G)
Zoning Map (Attachment H)
Aerial Photograph (Attachment I)

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The land uses, zoning, and General Plan land use designations of the project site and surrounding area are shown in the following Table:

LAND USE

GENERAL
PLAN
ZONING

PROJECT
SITE
Vacant Land
General
Commercial
(GC)
Community
Commercial
(CC)
NORTH
Vacant land, Commercial
and Single Family
Residential
General
Commercial
(GC), Single
Family
Residential
(SFR)
Community
Commercial
(CC), Specific
Plan (SP)
SOUTH
Vacant Land
Single family
Residential
(SFR)
Specific Plan
(SP)
EAST
Vacant Land
General
Commercial
(GC)
Community
Commercial
(CC)
WEST
Interstate 10
Cal Trans
Cal Trans
Site Design:

The Site consists of eight (8) separate parcels, all of which are vacant and unimproved.

Regency Centers, LP ("Project Applicant") is not proposing to subdivide the property; however, a lot line adjustment has been submitted to the City and is currently under review. Lot line adjustments are reviewed administratively and are not a discretionary application.

Development of the eight (8) parcels will be known as "Oak Valley Village" ("Project").

The Project will be located entirely outside the boundaries of Noble Creek. In December 2007, a Western Riverside County Regional Conservation Authority (RCA) Multiple Species Habitat Conservation Plan (MSHCP) Joint Power Review (JPR) was completed for the Project area. On July 28, 2024, the RCA issued a clerical amendment to the approved JPR. As a result, the Project will convey approximately 23.1 acres of

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conservation area to the RCA. Additional information can be found in the MSHCP consistency section of this staff report and Attachment A.

Furthermore, the Applicant will be required to provide a sewer easement west of the property to maintain access to the existing lift station. These items have been added as conditions of approval (Public Works Conditions No. 45 to 48, Attachment B).

The Project includes the plotting for four (4) freestanding drive-throughs, two (2) major tenant buildings (Major 1 and Major 3 as shown on the site plan), two (2) multi -tenant buildings (Shops 1 and 2, Retail 1 and Major 2). Major 1 is an approximately 147,624 square -foot tenant space that is proposed to be occupied by a nationally recognized retailer. Major 2 is an approximately 23,299 square -foot tenant space that is proposed to be occupied by a nationally recognized grocer. The remaining retail and restaurant space will include nationally recognized brands, as well as local operators.

The freestanding drive -through uses will require separate Conditional Use Permits once tenants and operational standards are established for each use. Individual conditional use permits will provide conditions of approval for each business and will protect other businesses from any violation of the conditions of approval by other tenants. A condition of approval has been added to the Project requiring a Conditional Use Permit application be submitted to the City for review once those tenants are identified (Planning Condition of Approval No. 6, Attachment B).

The Applicant will be maintaining the block walls constructed within and surrounding the site and has indicated that anti -graffiti coating is not an efficient way of removing graffiti.

They are requesting the Planning Commission modify the condition to allow the applicant to simply clean and maintain affected walls and re -paint any areas that have been vandalized by graffiti. This is Planning Condition of Approval No. 31 under Attachment B.

The attached Development Plans (Attachment E) include the site layout, grading, floor plans, elevations and conceptual landscaping.

Circulation and Parking:

A Traffic Impact Analysis was prepared by Linscott, Law, & Greenspan, Engineers (LLG) on March 19, 2025, and reviewed by City staff. The proposed project will provide two (2) driveways for ingress and egress along Oak Valley Parkway. These driveways will be at signalized intersections where the western driveway will align with Golf Club Drive and the eastern driveway will align with the driveway for the Oak Valley Plaza to the north. Both driveways will allow for full turning movements. Additionally, a right -in - only access into the Site is provided between Pad A and Pad B.

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Adequate and compliant vehicle and truck circulation is provided throughout the Proposed Project. Pedestrian access will be provided through paths of travel accessible from the public sidewalk and paths of travel are provided throughout the Site.

The Project is subject to traffic Development Impact Fees (DIFs), among other DIFs.

Further information may be found in the attached Development Agreement (Attachment D).

Pursuant to Beaumont Municipal Code Table 17.05-1, the required parking is as follows:
• Retail uses: one (1) space per 200 square feet of gross floor area • Drive-through/restaurant: one (1) space per 100 square feet of gross floor area, but not less than 10 spaces.

The following table summarizes the required parking and the parking provided by the Proposed Project:

Use
Sq. Ft.

Calculation
Required
Provided
Retail
247,868
1/200
1,239
Shared
Drive-
through/Restaurant
32,073
1/100
321
Shared
Total
279,941
1,560
1,379
The Project is deficient by a total of 181 parking stalls. As a result, the Applicant is requesting a parking variance (V2024-0019) to allow for shared parking due to different peak times and non -conflicting uses located within the commercial center. The Applicant has provided an analysis which states peak parking demand during a weekday would be 1,238 parking spaces and occurs between 12pm and 1 pm and during a weekend the peak demand is 1,316 parking spaces at 1 pm. This would result in a parking surplus of 63 parking stalls based on the analysis provided. The parking analysis is included as Attachment J.

Off -Site Improvements:

The Project will complete all half -width street improvements along Oak Valley Parkway consistent with County of Riverside Road Standards. Improvements include installation of curb, gutter, sidewalk, a raised median, and pavement to accommodate three eastbound through lanes and a Class 2 bike lane. Existing overhead utilities will be undergrounded in accordance with Beaumont Municipal Code Chapter 12.18. New

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streetlights will be installed in compliance with City of Beaumont specifications.

Additionally, the Project is required to construct off -site storm drain improvements adjacent to the northwest project boundary, including a drainage channel, riprap, and a headwall. All half -width improvements will extend beyond the Project's boundary to ensure proper and safe transition to existing conditions.

Furthermore, the Project is required to implement the traffic mitigation measures identified in the approved Traffic Impact Analysis, which include the installation or modification of traffic signals and intersection improvements. These improvements will include new turn lanes, through lanes, and upgraded traffic signal operations to support increased traffic volumes. West of the project site, the locations requiring improvements are the intersections of Desert Lawn Drive at Oak Valley Parkway, the I-10 eastbound off -ramp at Oak Valley Parkway, and the I-10 westbound off -ramp at Oak Valley Parkway. It should be noted that the I-10/Oak Valley Parkway Interchange is a Transportation Uniform Mitigation Fee (TUMF) project; therefore, the Project will be required to pay TUMF to satisfy their I-10 off -ramp improvement obligations. Along the project frontage, the intersections of Golf Club Drive at Oak Valley Parkway and Oak Valley Plaza at Oak Valley Parkway shall be improved, including widening, restriping, and/or modifications to the existing traffic signals. A new, right -in -only driveway is proposed west of Golf Club Drive for additional access to the site. East of the Project Site, the locations requiring improvements are intersections of Oak View Drive at Oak Valley Parkway and Elm Avenue at Oak Valley Parkway.

Architecture:

The Project will have architecture in line with the branding of their nationally recognized tenants and contemporary architecture with minor incorporations of gabled roofs.

The Major 1 building will incorporate a grey color scheme and grey stone veneer along the north and east elevations. Along the south and west elevations, the grey color scheme will continue with joint lines and windows. On all four elevations, the building will incorporate an accent red color in line with the tenants' corporate branding.

Additionally, the building will be accented with Nichiha wood panels (i.e., a fiber cement siding product) on the north and east elevations. Lastly, a white metal awning will be added to the building's main entrances.

The remaining buildings will have a contemporary style with a neutral color scheme comprised of white, beige, and grey colors. Incorporated into the building are varied articulation and roof lines. Additionally, the buildings will be accented with pitched and gabled roofs and a stone veneer.

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The Project elevations and color and materials are included in Attachment E.

Landscape Requirements and Open Space:

The Project incorporates landscape throughout the Site in compliance with Chapter

17.06 of the Beaumont Municipal Code. This includes providing 15% landscaping within the parking area and providing one (1) tree for every six (6) parking stalls to meet the 30% shading requirement within the first ten years of the project. A conceptual landscape plan is included in Attachment E. The Project has been conditioned to submit a Final Landscape Plan. However, due to the Project's physical constraints, a Variance is being requested for public open space as explained in the following paragraphs.

Pursuant to Beaumont Municipal Code Section 17.03.080.G.6 Public Open Space Requirements, developments with 50,000 square feet or more of non-residential floor area on sites of five (5) acres or larger are required to provide public open space. The public open space requirement states that the open space shall provide amenities to enhance the comfort aesthetics, or usability of the space, including trees, landscaping, shades structures, seating, lighting, drinking fountains, public art, or performance areas.

A development of the size of the Proposed Project would require 40 square feet of public open space for every 1,000 square feet of non-residential floor area for the first 100,000 square feet, plus 20 square feet of open space for every 1,000 square feet of non-residential floor area over 100,000 square feet. As a result, the Project requires 7,600 square feet of usable public open space; however, due to parking, access and visibility requirements of the Beaumont Municipal Code as well as the needs of the Project's prospective retailers, the applicant is unable to meet this requirement.

Alternatively, the applicant is proposing other types of open space by providing 4,680 square feet of patio space to allow for outdoor seating. Additionally, the applicant is providing 7,500 square feet of landscape planters and islands as well as conveying to RCA approximately 23.1 acres of conservation area. A copy of the request is included as Attachment K.

Similarly, due to these constraints, the Project Applicant is also requesting a variance from Beaumont Municipal Code Section 17.06.050.A requiring parking lot dividers, islands, planters, and planting areas shall be a minimum of five (5) feet wide and 10 feet long except for that all new or retrofitted tree planter shall be a minimum of nine (9) feet by seven (7) feet, measured to the inside perimeter of the planter, and shall have no less than 48 square feet of permeable soil planting area. The applicant has expressed that not all planter areas will meet this size requirements due to limitations within the site created by meeting other Beaumont Municipal Code requirements and the donation of approximately 23.1 acres of conservation area.

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Alcohol Sales:

The Applicant is proposing the sale of alcohol for their nationally recognized retailer/grocer and an individual grocery store. Alcohol licenses are obtained through the Department of Alcohol and Beverage Control (ABC). The nationally recognized retailer is proposing to apply for an Off -Sale Type 21 (Off -Sale General) and an Off -Sale Type 86 (Instructional Tasting License) licenses. The individual grocer is proposing to apply for an Off -Sale Type 20 (beer and wine only) license. Pursuant to Table 17.03-3 of the Beaumont Municipal Code alcohol sales within a grocery store is a permitted use within the Community Commercial zone.

According to ABC, one (1) on -sale license is allowed for each 2,000 persons in the county and one (1) off -sale license is allowed for each 2,500 persons in the county.

Currently, based on current population ratios, two (2) off -sale licenses are permitted within Census Tract 438.22 and there are currently two existing (2) Off -sale licenses (Attachment L). If the proposed licenses are approved, it would bring the total of off -sale licenses to four(4), which would result in an overconcentration of alcohol licenses.

Therefore, a finding of "Public Convenience and Necessity" (PCN) will be required and is justified due to the nature of use being proposed (i.e., grocer).

Furthermore, the ABC requires that no alcohol licenses be issued within 600 feet, as measured from property line to property line, from public or private schools, public parks, or places of worship. Additionally, new licenses will not be issued if the new retail location is within 100 feet of a residence. The Site is located over a mile from Tournament Hills Elementary and Mountain View Middle School and is not within 100 feet of a residence. The nearest park is Noble Creek Park and is approximately 1,500 feet east from the project site. Therefore, the Project meets these criteria.

Sign Program:

The sign program as proposed includes design guidelines for on -site signage for Pad A, Major 2, Shops 1 and 2, Retail 1, pylon and monument signs. Two monument signs are proposed on the north side of the Project — one north of Pad A and the second at the most easterly entrance to the commercial center. The monument signs are proposed to be an overall height of six (6) feet and eight (8) feet and two (2) and a half (2 1/2) inches wide with a stone veneer.

Additionally, the proposed sign program includes two (2) pylon signs — one located on the southeast corner of the I-10 off -ramp and Oak Valley Parkway and the second is located at the entrance at Golf Club Drive. These pylon signs are proposed at an overall height of 20 feet and nine (9) feet and four (4) inches wide and will be supported by two

Page 660 of 2775 ends

(2) columns with stone veneer. Additionally, the Applicant proposes a freeway -oriented pylon sign at a height of 60 feet and 25 feet wide for on -site advertising.

Furthermore, the sign program identifies other design guidelines for the identification signs of Pad A, Major 2, Shops 1 and 2, and Retail 1 buildings. This includes the placement of wall signs and the tenant name not exceeding 70% of lease frontage and not exceeding maximum of 80% of fascia height. All the signs will require a separate sign permit application for construction and installation.

Lastly, the Applicant proposes an electronic billboard that will be addressed by the Development Agreement and require a separate discretionary approval; therefore, it is not a part of the sign program being considered at this time but will be allowed via separate review and approvals based on the language provided in the Development Agreement.

The proposed sign program is included as Attachment F.

Development Agreement:

The Project Applicant requested consideration of a Development Agreement with the City of Beaumont. The key provisions of the Development Agreement are:

1. Term. The Development Agreement becomes effective upon (a) the date the Ordinance approving the Development Agreement is effective, and (b) when the Applicant acquires fee title to the Property, but in any event not later than June 30, 2026. The Development Agreement extends for 10 years, with one 5 -year option to extend for a total potential term of 15 years.

2. Vesting of Land Use Entitlements. The Development Agreement vests the land use entitlements for the Term of the Development Agreement, reducing the risk of a change in land use rules by a subsequent City Council or citizen initiative and granting the Applicant certainty with respect to the conditions for developing and operating the Project.

3. Reimbursement for Off -Site Traffic Improvements. The City shall reimburse the Applicant for the actual cost for widening and improving Oak Valley Parkway to its full half -width improvement standard (including installation or relocation of utilities). The Applicant shall also install or modify traffic signals adjacent to the site at (a) Golf Club Drive, (b) Oak Valley Plaza, (c) Oak View Drive. The Applicant shall also install or modify offsite traffic signals at (d) Desert Lawn Drive, and (e) Elm Avenue as a mitigation measure under CEQA. The City may adopt a program to recover fair share fees from future development contributing traffic to the off -site intersections for which the City reimbursed the Applicant.

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The reimbursement for actual costs is subject to (i) substantial completion of the Oak Valley public improvements, (ii) substantial completion of the on -site improvements (all horizontal improvements), and (iii) certificates of occupancy for not less than 50,000 square feet of building improvements encompassing a grocery store of not less than 20,000 square feet.

4. Digital Display Sign. Pursuant to Beaumont Municipal Code Section

17.07.030.G (Basic Policies) new billboards are prohibited; however, the City Council has the authority to allow this type of sign by adoption of an ordinance associated with a Development Agreement. The approvals granted by the proposed ordinance would only apply to this property and does not apply to other areas of the City. The Development Agreement only waives the Code prohibition and approves basic concept drawings for the Digital Display, and the Applicant must submit a formal application for subsequent discretionary Planning Commission consideration. The Applicant is responsible for securing permits from any other entity with jurisdiction and indemnifies and holds the City harmless from any costs, expenses, or liabilities resulting from claims related to such approvals.

In exchange for this assistance, the City incentivizes development of a community shopping center providing needed goods and services to the residents of Beaumont and surrounding cities. Upon completion, the Project is forecasted to provide 450 full and part-time jobs, $650,000 per year in net new sales taxes, and $100,000 per year in new property taxes. Residents will also benefit from the improved traffic circulation on Oak Valley Parkway. The Applicant will also pay all City development impact fees due, which may reach $5 million depending upon when building permits are issued.

Multi -Species Habitat Conservation Plan (MSHCP):

The Project is located within a MSHCP criteria area. A Western Riverside County Regional Conservation Authority (RCA) MSHCP Joint Project Review (JPR) was completed in December 2007, which applies to the Project Site. The JPR (07-03-12-02) was approved by the RCA and required the conservation of approximately 23.1 acres of sensitive habitat associated with Noble Creek in the southern portion of the Project Site (i.e., 6.0 acres of the conservation area are within Criteria Cell 940 and 17.1 acres of conservation are outside the conservation cells). The Project is substantially the same as the 2007 project, and the RCA concluded that "the project is consistent with both the criteria and other plan requirements". On July 28, 2024, the RCA issued a clerical amendment to the approved JPR that corrected the actual impact and mitigation/conservation acreages required for the Project.

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The Project is consistent with the JPR clerical amendment and no additional MSHCP compliance is required if the formal conservation of the approximately 23.1 acres of sensitive habitat is conveyed to the RCA.

The JPR determination is included as an attachment to the CEQA Section 15183 exemption analysis (Attachment A).

Development Review Committee (DRC):

The Development Review Committee reviewed the Project for design on January 9, 2025, and April 3, 2025. Staff from the various City departments provided written comments that have been incorporated into the proposed conditions of approval.

Consistency with Adopted Goals, Plans and Programs:

General Plan Consistency:

The proposed use is in conformance with the General Plan for the City of Beaumont.

The land use designation for the Project Site is General Commercial, as shown in Attachment G. The proposed development is consistent with the General Plan Policy

3.4.2, which promotes the development of neighborhood commercial uses in the vicinity of residential neighborhoods and larger commercial retail centers along the major transportation corridors.

Zoning Consistency:

The uses that are proposed are subject to and are consistent with the development standards for the Community Commercial zone. The overall use meets the objectives of the zone. The use and its operations are compatible with uses permitted in the zone, subject to approval of a Plot Plan. The proposed drive -through uses are subject to a Conditional Use Permit. As a result, the Plot Plan has been conditioned to require that the drive -through uses apply for a Conditional Use Permit once tenants have been identified. Furthermore, Pursuant to Beaumont Municipal Code Section 17.02.110, the Applicant has requested a parking and open space variance.

Findings required by Beaumont Municipal Code, Section 17.02.070.G (Plot Plan) and

17.02.110.H (Variance) are provided in this staff report under the findings section.

Environmental Documentation:

An analysis of a CEQA Guidelines Section 15183 exemption (Projects Consistent with a Community Plan or Zoning) was prepared for the project (Attachment A). This section of

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the CEQA guidelines identifies situations for which certain CEQA-compliance procedures may apply. Specifically, Section 15183 of the CEQA Guidelines applies to projects that are consistent with existing zoning, community plan, or general plan policies for which an EIR was previously certified.

The analysis presented in the attached report has demonstrated that the proposed project meets the requirements of CEQA Guidelines Section 15183, and, as such, no additional CEQA review, such as a Subsequent or Supplemental EIR or MND, is required.

Furthermore, a project EIR (SCH 2006011015) was prepared and certified for a similar project on the Project Site in February 2007. The EIR evaluated a 441,709 square -foot general commercial project on the 41.3 -acre project site, and the project then did not proceed at that time. The Project is of less intensity than the project proposed in 2007.

The 2007 EIR was incorporated by reference in the attached analysis pursuant to Section 15150 of the CEQA guidelines.

Prior to the City's determination of a Section 15183 exemption, the City prepared notification for government -to -government consultation under AB 52. The tribes requesting government -to -government consultation included Agua Caliente Band of Cahuilla Indians, Morongo Band of Mission Indians, Pechanga Band of Indians, and Soboba Band of Luiseno Indians. Due to the project being exempt under Section 15183 of the CEQA guidelines, government -to -government consultation was no longer necessary. On May 6, 2025, the City sent notification to the tribes that requested consultation to inform them that the provisions of AB 52 were not applicable to the Project due to the CEQA Section 15183 Exemption and that consultation was considered closed. Included with the letter was a copy of the public hearing notice notifying the tribes of the public hearing.

One response was received as of the preparation of this staff report from Agua Caliente Band of Cahuilla Indians requesting a copy of the previously prepared 2007 EIR.

Public Communications Received:

Property owners located within a 300 -foot radius of the project site were notified of the intended public hearing on May 6, 2025, with a 20 -day hearing notice in addition to a public notice in the Press Enterprise. Additionally, public utilities were notified on May 8, 2025, with a 20 -day notice. The public hearing notice identified the Planning Commission date of May 28, 2025. Proof of the publication for the public hearing is included as Attachment N to this staff report.

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As of the date this staff report was prepared no written or public comments have been received. Any additional comments received prior to the time of the scheduled Planning Commission meeting will be provided to the Commission at the time of the public hearing.

Planning Commission Authority:

Plot Plan: A Plot Plan is required pursuant to Section 17.02.070 to establish a new land use, or to assume an existing land use, consistent with the zoning of the proposed location and requires a public hearing conducted by the Planning Commission. The Beaumont Municipal Code Section 17.02.070.F authorizes the Planning Commission to approve, conditionally approve, or deny the application.

Variance: Pursuant to Section 17.02.110 of the Beaumont Municipal Code, the variance procedure is provided pert Section 65906 of the California Government Code to grant relief from zoning provisions when, because of special circumstances applicable to a property including size, shape, topography, location or surroundings, the strict application of this Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Beaumont Municipal Code Section 17.02.110.F. authorizes the Planning Commission to approve, conditionally approve, or deny the application
Sign Program: The Municipal Code of the City of Beaumont Section 17.07.030.L allows sign programs for specific developments, as well as special sign districts or special sign overlay zones, or in specific plans of land uses, when approved as required by applicable law, may modify the rules stated as to sign size, height, illumination, spacing, orientation or other non -communicative aspects of signs, but may not override or modify any of the basic policies.

Development Agreement: The authority to adopt a development agreement is granted under Government Code Sections 65864-65869.5. Resolution No. 1987-34 of the City of Beaumont requires the Planning Commission, after the hearing, to make a recommendation to the City Council in writing. Findings for a Development Agreement can be found in the findings section of this staff report.

Findings:

Plot Plan

1. The proposed use is permitted, or is substantially similar to a use permitted, within the subject zone and complies with the intent of all applicable provisions of the Zoning Ordinance.

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The Project is subject to and is consistent with the Development Standards for the Community Commercial (CC) zone. Pursuant to Beaumont Municipal Code Table

17.03-3, the zoning allows retail uses, including the sale of alcohol for grocery stores.

The drive -through uses are conditional uses; however, the Project has been conditioned to require Conditional Use Permits be obtained once tenants have been identified.

2. The proposed use is consistent with the objectives, policies, general plan land uses and programs of the general plan and any applicable specific plans.

The Project is in conformance with the General Plan for the City of Beaumont. The land use designation for the Project Site is General Commercial. The proposed development is consistent with the General Plan Policy 3.4.2, which promotes the development of neighborhood commercial uses in the vicinity of residential neighborhoods and larger commercial retail centers along the major transportation corridors.

3. The subject site is physically suitable for the type and intensity of the proposed land use.

The Site is vacant and slopes to the south and west. The proposed project is in a community commercial and residential area that is developed or vacant and is suitable for commercial development.

4. The location, size, design and operating characteristics of the proposed uses are compatible with existing land uses within the general area in which the proposed use is located.

The zoning for the Project Site is Community Commercial and the land use designation is General Commercial. The property to the east has the same zoning and land use designation as the Project Site. To the south lies within the Kirkwood Ranch Specific Plan and has a land use designation of Single Family Residential. The properties to the north of the property are within the Solera Specific Plan and have a land use designation of General Commercial and Single Family Residential. To the west of the subject property is Interstate 10, under the jurisdiction of Caltrans and the State of California. To the north of the property are existing commercial uses including a 76 service station and commercial center with a Rite Aid, Chevron and restaurants. Further north and to the east of the Site are existing single-family dwellings. The proposed uses within the Project are compatible with the surrounding commercially and residentially zoned properties to the north, south, east and west.

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5. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed land use would not be detrimental to the public convenience, health, safety or general welfare.

The Site will be served by the Beaumont -Cherry Valley Water District for water services upon annexation into the district. The Applicant has obtained a will -serve letter from the Beaumont -Cherry Valley Water District. The Project will be served by the City of Beaumont for sewer disposal system. Electricity will be provided by Southern California Edison, and natural gas will be provided by the Southern California Gas Company.

Solid waste and refuse services are provided by Waste Management, Inc. on behalf of the City of Beaumont. The Site can be adequately served and will not be detrimental to public health and safety.

6. The approval of the plot plan permit for the proposed uses is in compliance with the requirements of the California Environmental Quality Act and there would be no significant adverse impacts upon environmental quality and natural resources that cannot be reasonably mitigated and monitored.

An analysis for a CEQA Guidelines Section 15183 exemption has been prepared finding that the project is exempt. The analysis was prepared by Ascent in April 2025. The analysis is included as Attachment A.

Variances

1. That the strict or literal interpretation and application of this Zoning Ordinance would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Zoning Ordinance or would deprive applicants of privileges granted to others in similar circumstances.

The Site is located on parcels zoned Community Commercial with a General Plan land use designation of General Commercial and is intended for commercial uses. The Beaumont Municipal Code parking requirements for specific land uses has not been updated to keep up with parking trends. Furthermore, the open space requirements of the Beaumont Municipal do not consider limitations created by other requirements within the Beaumont Municipal Code and conservation of sensitive habitat and open space.

2. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended development of the property that do not apply to other property in the same zone.

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The Applicant is requesting a parking variance to meet parking trends for shared parking. Furthermore, the open space variance is being requested to meet other municipal code requirements and due to the project dedicating approximately 23.1 acres for conservation of sensitive habitat and open space which has reduced the project site area for development.

3. That the granting of such variance will not constitute the granting of special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone.

The Applicant is requesting a parking variance to meet parking trends for shared parking. The City of Beaumont regularly receives parking variance requests, which have been successfully approved. Furthermore, the open space variance is being requested due to the reduction in the project site area for development as a result of dedicated conservation areas and limitations in meeting other municipal code requirements. Not all properties in the City are subject to conservation requirements.

4. That the granting of such variance will not be materially detrimental to the public health, safety, or general welfare nor injurious to property or improvements in the zone or neighborhood in which the property is located.

Pursuant to Beaumont Municipal Code Section 17.02.070.H In granting a permit, the Community Development Director or Planning Commission may impose such conditions as deemed necessary to ensure that the public health, safety and general welfare are protected and that the proposed use is not a detriment to the community. All conditions shall be binding upon the applicant, heirs, successors, or assignees.

5. That the granting of such variance will not create any inconsistency with any objective contained in the General Plan.

The proposed parking variance will not create an inconsistency with the General Plan objectives and will assist in compliance with the Mobility Element Goal 4.7.4 to review and update the City's parking regulations to ensure that the code is kept current with the parking conditions throughout the City. Community development is currently working on a comprehensive zoning code update that will update parking requirements.

The proposed open space variance is consistent with General Plan policy 3.11.10 that requires the provision of open space linkages and conservation between development projects consistent with the conservation efforts targeted in the MSHCP. A variance of the open space requirement within the commercial center is being requested due to the project already designating approximately 23.1 acres for conservation of sensitive habitat and open space.

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Development Agreement

1. The proposed Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan.

The Project is consistent with the objectives, policies, general land uses, and programs specified in the general plan. The Project Site has a land use designation of General Commercial and is consistent with General Plan Policy 3.4.2, which promotes the development of neighborhood commercial uses in the vicinity of residential neighborhoods and larger commercial retail centers along the major transportation corridors.

2. The proposed Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the applicable zoning district(s) in which the Project is and will be located.

The Project is subject to and is consistent with the Development Standards for the Community Commercial (CC) zone. Pursuant to Table 17.03-3, the retail uses are a permitted use within the Community Commercial zone. The drive-throughs require a conditional use permit, and the Project has been conditioned to require a Conditional Use Permit once tenants are identified.

3. The proposed Development Agreement is in conformity with public convenience, general welfare and good land use practice.

The Project is consistent with Goal 3.4, A City that maintains and expands its commercial, industrial, and other employment -generating land uses and Policy 3.4.1 of the General Plan, continue to promote commercial and industrial development in the Interstate Employment Subarea that capitalizes on the City's location near the I-10 and the SR -60 freeways.

4. The proposed Development Agreement is not otherwise detrimental to the health and safety of the citizens of the City of Beaumont.

Pursuant to Beaumont Municipal Code Section 17.02.070.H, in granting a permit, the Community Development Director or Planning Commission may impose such conditions as deemed necessary to ensure that the public health, safety and general welfare are protected and that the proposed use is not a detriment to the community. All conditions shall be binding upon the applicant, heirs, successors, or assignees.

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5. The proposed Development Agreement will not adversely affect the orderly development of property or the preservation of property values.

Recommended Action:

Hold a public hearing; and,
Approve Plot Plan (PP2023-0059), Sign Program (PLAN2024-0157), Variances (V2024- 0019 and V2025-0031) and CEQA Section 15183 Exemption subject to the attached conditions of approval;
Approve a Finding of Public Convenience and Necessity;
Direct Staff to prepare a Notice of Exemption for the Applicant to file with the Riverside County Clerk Recorder and the State Clearinghouse; and
Waive the full reading and adopt by title only, A Resolution of the Planning Commission of the City of Beaumont Recommending that the City Council of the City of Beaumont Approve and Adopt a Proposed Development Agreement (PLAN2025-0177) by and between the City of Beaumont and Beaumont Regency AVG", subject to the attached conditions of approval.

Attachments:

A. CEQA 15183 Exemption Analysis
B. Draft Conditions of Approval
C. Draft Resolution
D. Development Agreement and Associated Attachments
E. Development Plans
F. Sign Program
G. General Plan Land Use Designation Map
H. Zoning Map
I. Aerial Photograph
J. Parking Variance Request
K. Open Space Variance Request
L. ABC License Report — Census Tract #438.22
M. Radius Map and Certification

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N. Proof of Publication

0. Billboard Sign Conceptual Drawing

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CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Guidelines Section 15183 Compliance for the
Oak Valley Village Project Plot Plan 2024-0059
Prepared for:

City of Beaumont
550 East Gtr, Street
Beaumont, CA 92223
April 2025

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CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Guidelines Section 15183 Compliance for the
Oak Valley Village Project Plot Plan 2024-0059
Prepared for:

City of Beaumont
550 East 61h Street
Beaumont, CA 92223
Prepared by:

Ascent
2550 Fifth Ave, Suite 640
San Diego, CA 92103
April 2025
20240290.01

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TABLE OF CONTENTS
Section Page
1 INTRODUCTION 1

1.1 CEQA Compliance 1

1.2 Relationship to the 2020 General Plan Update EIR 5

1.3 Relationship to the 2007 Project EIR 5

1.4 Relationship to the Approved Western Riverside County Regional Conservation Authority (RCA) Multiple Species Habitat Conservation Plan (MSHCP) Joint Project Review(JPR) 5 2 PROJECT DESCRIPTION 11

2.1 Project Location 11

2.2 Environmental Setting 11

2.3 Project Characteristics 11
3 ENVIRONMENTAL REVIEW CONCLUSION 21

3.1 Overview of CEQA Guidelines Section 15183 21
4 PROJECT -SPECIFIC ENVIRONMENTAL ASSESSMENT 23

4.1 Aesthetics 24

4.2 Agriculture and Forestry Resources 26

4.3 Air Quality 28

4.4 Biological Resources 31

4.5 Cultural Resources 37

4.6 Energy 40

4.7 Geology and Soils 42

4.8 Greenhouse Gas Emissions 45

4.9 Hazards and Hazardous Materials 47

4.10 Hydrology and Water Quality 50

4.11 Land Use and Planning 54

4.12 Mineral Resources 56

4.13 Noise 58

4.14 Population and Housing 60

4.15 Public Services 62

4.16 Recreation 65

4.17 Transportation 67

4.18 Tribal Cultural Resources 71

4.19 Utilities and Service Systems 74

4.20 Wildfire 77
5 REFERENCES 79
Appendices
Appendix A —July 28, 2024 MSHCP JPR Amendment
Appendix B — Focused Traffic Circulation Analysis
City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 20pa0a9 674 of 2775

CEQA Guidelines Section 15183 Compliance
Ascent
Figures
Figure 1-1 Regional Location 2
Figure 1-2 Vicinity Map 3
Figure 1-3 Site Aerial 4
Figure 1-4 Existing General Plan Land Use 6
Figure 1-5 Existing Zoning 7
Figure 1-6 2007 Approved Project Site Plan 9
Figure 2-1 Site Plan 13
Figure 2-2 Retail Elevations 15
Figure 2-3 Major Commercial Elevations 17
Figure 2-4 Landscape Plan 19
City of Beaumont

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Ascent CEQA Guidelines Section 15183 Compliance

LIST OF ABBREVIATIONS
AMSL
APN
AQMP
BACM
BCVWD
BLD
BMP
BUSD

CAL FIRE
CC
CNPS
COA
County EHHM
CUPA
DIF
DTSC
FAR
GC
GHG
HVLP
I-10
ICU
JPR
LID
LOS
LRA
M
MBTA
MLD
MM
MS4
MSHCP
above mean sea level
Assessor's Parcel Number
Air Quality Management Plan
best available dust control measure
Beaumont -Cherry Valley Water District
Beaumont Library District
best management practice
Beaumont Unified School District
California Department of Forestry and Fire Protection
Community Commercial
California Native Plant Society
Condition of Approval
County Department of Environmental Health Hazardous Materials Certified Unified Program Agency
Development Impact Fees
California Department of Toxic Substances Control
Floor -Area -Ratio
General Commercial
greenhouse gas
high volume -low pressure
Interstate 10
intersection capacity utilization
Joint Project Review
Low Impact Development
Level of Service
Local Responsibility Area
Manufacturing zone
Migratory Bird Treaty Act
Most Likely Descendant
Mitigation Measure
Municipal Separate Storm Sewer System
Multiple Species Habitat Conservation Plan
City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 20pa0a9 676 of 2775

CEQA Guidelines Section 15183 Compliance Ascent
NAHC
NNG
NPDES
RAFSC
RCA
RCFD

RTP/SCS
RWQCB
SCE
SCG
SCH
SCIC
SRA
SWPPP
SWRCB
TCM
USACE
USEPA
WQMP
Native American Heritage Commission
non-native grassland
National Pollutant Discharge Elimination System
Riversidian Alluvial Fan Sage Scrub
Regional Conservation Authority
Riverside County Fire Department
Southern California Association of Governments Regional Transportation Plan / Sustainable Communities Strategy
Regional Water Quality Control Board
Southern California Edison
Southern California Gas Company
State Clearinghouse
South Coastal Information Center
State Responsibility Area
Stormwater Pollution Prevention Plan
State Water Resources Control Board
transportation control measure
US Army Corps of Engineers
United States Environmental Protection Agency
Water Quality Management Plan
iv
City of Beaumont

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1 INTRODUCTION
The project applicant is proposing the development of the Oak Valley Village project (herein, "project" or "proposed project"). Specifically, the project would entail the development of an approximately 28.95 acre site into a 279,941 square -foot General Commercial Center. The project site encompasses Assessor's Parcel Numbers (APNs) 414-070-008, 414-080-001, 404-080-003, 414-080-004, 414-080-005, 414-080-006, and 414-090-019, is located south of Oak Valley Parkway and approximately 500 feet east of Interstate 10 (I-10) in the City of Beaumont. The project site's regional location is show in Figure 1-1. The vicinity map is shown in Figure 1-2 and the project site aerial is shown in Figure 1-3.

The City of Beaumont City Council adopted the City's General Plan Update (Beaumont 2040) and certified a Program Environmental Impact Report (herein, "GPU EIR"; State Clearinghouse [SCH] No. 2018031022) in October 2020. The GPU also included a comprehensive update to the City of Beaumont Zoning Code. The GPU EIR was prepared as a Program Environmental Impact Report (Program EIR) in conformance with the California Environmental Quality Act ("CEQA"; California Public Resources Code, Sections 21000, et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.). According to Section 15168 of the CEQA Guidelines, a Program EIR may be prepared on a series of actions that can be characterized as one large project. Use of a Program EIR gives the Lead Agency an opportunity to consider broad policy alternatives and program -wide mitigation measures, as well as greater flexibility to address project -specific and cumulative environmental impacts on a comprehensive scale. The proposed project is consistent with the existing general plan (General Commercial) and zoning (Community Commercial) land use designations.

In addition, a project specific EIR (SCH 2006011015) was prepared in February 2007 for a similar general commercial project on a similar but larger project site (41.3 acres of a 60.5 -acre project site). The EIR was certified in April 2007 and the project did not proceed at that time. Both the 2020 General Plan Update EIR and the 2007 project specific EIR addressed the impact associated with similar, but more intense land uses than proposed by the current proposes project.

1.1 CEQA COMPLIANCE
Article 12 (Special Situations) of the State CEQA Guidelines identifies situations for which certain CEQA-compliance procedures may apply. Specifically, Section 15183(a) of the State CEQA Guidelines states that:
"CEQA mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site. This streamlines the review of such projects and reduces the need to prepare repetitive environmental studies."
Pursuant to Section 15183(c) of the State CEQA Guidelines, "(i)f an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards...then an additional EIR need not be prepared for the project solely on the basis of that impact."
Accordingly, the purpose of the analysis contained herein is to evaluate whether the project would result in impacts that are peculiar to the project or project site, and to determine whether such impacts (if any) can be substantially mitigated by the imposition of uniformly applied development policies or standards. If any impacts cannot be substantially mitigated with uniformly applied development policies or standards, or if the project results in off -site or cumulative impacts that were not previously evaluated in the GPU EIR, then additional environmental review is required for the project. Alternatively, if the project does not result in any impacts beyond what was evaluated and disclosed as part of the GPU EIR, then no additional environmental review would be required.

Additionally, the City of Beaumont previously prepared and certified an EIR for a similar, but larger project on the project site in 2007. The previous 2007 project proposed to develop a larger 60.5 -acre project site into 41.3 acres of general commercial development and 23.1 acres of open space/conservation, and included an evaluation of impacts to air quality, biological resources, cultural resources, hydrology, noise, transportation/traffic, and water quality.

City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 2024-0059 678 of 2775

CEQA Guidelines Section 15183 Compliance
Ascent
Sources: Adapted by Ascent in 2024.

St BERNARDINO
COUNTY
Fontana
Jurupa
Valfry
Mire -no
Valley
Figure 1-1 Regional Location
J hY7119J
1'uIb*M Fukr
Inter Lake
RiVER5I.7E DOCINTIT
Pity"' Lonniori
— mirky Lire
Oty urni
a 3 fi
FARES
FS.RI i ri .
2a24O29O1D1 GIs CCIf
City of Beaumont

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Ascent
CEQA Guidelines Section 15183 Compliance
P:Ojed: Elotridary
Parks
0 LOW 2
ESSt Waild Imes,
2427.44omo1 GIS
Sources: Data downloaded from Riverside County in 2021; adapted by Ascent in 2021.

Figure 1-2 Vicinity Map
City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 202.4-005.9 680 of 2775 3 CEQA Guidelines Section 15183 Compliance
Ascent
Sources: Adapted by Ascent in 2024.
(Project Raundary
9SU 300
FPO
ESC Vim i1Iin g*
="!: 294101 GIS 003
Figure 1-3 Site Aerial
City of Beaumont

Page 681 ends

Ascent CEQA Guidelines Section 15183 Compliance
The 2007 project proposed 441,709 square feet of commercial development. The currently proposed project area was entirely located within the project area evaluated in the 2007 EIR and proposes 279.941 square feet of commercial development, which represents 63% of the previous development proposal intensity. The 2007 EIR is hereby incorporated by reference pursuant to Section 15150 of the CEQA Guidelines. Information from the 2007 EIR is incorporated into this CEQA compliance document.

1.2 RELATIONSHIP TO THE 2020 GENERAL PLAN UPDATE EIR
As shown in the GPU EIR (Figure 1-4), Land Use Plan, the land use designation for the project site is General Commercial (GC), with a maximum Floor -Area -Ratio (FAR) of 0.75. The GPU EIR analyzed the impacts of all future development in the City of Beaumont, with project site evaluated consistent with the GC land use designation. For the General Commercial land use designation, the GPU EIR impact analysis assumed that 70 percent of the General Commercial designated areas would be developed. In addition, the GPU EIR depicts Oak Valley Parkway as an Urban Arterial, four lane divided highway. The project proposes to develop 28,95 acres site into 279,941 square feet of general commercial land uses, which would result in a FAR of 0.22.2, and is consistent with the 2020 General Plan Update and the analysis contained within the GPU EIR.

The 2020 GPU EIR evaluated city-wide impacts to aesthetics, agriculture/forestry, air quality, biological resources, cultural resources, geology & soils, greenhouse gas, Hazards/hazardous materials, hydrology/water quality, land use & planning, mineral resources, noise, population and housing, public services, recreation, transportation/traffic, tribal cultural resources, utilities/service systems, energy, and wildfire.

Existing project site zoning is shown in Figure 1-5.

1.3 RELATIONSHIP TO THE 2007 PROJECT EIR
A project EIR (SCH 2006011015) was prepared and certified for a similar project that included the project site in February 2007. The EIR evaluated a 441,709 square foot general commercial project on a 41.3 -acre portion of the 60.5 acre project site, and the project did not proceed at that time. The 2007 project site plan is shown in Figure 1- 6. The proposed 2007 project was consistent with the general plan land use and zoning designations existing at the time the 2007 EIR was prepared and evaluated project specific impacts to air quality, biological resources, cultural resources, hydrology, noise, transportation/traffic and water quality. The EIR included a series of mitigation measures designed to reduce impacts to less than significant levels and all impacts except air quality were reduced to less than significant. A statement of Overriding Considerations weas prepared for the significant air quality impacts. 2007 EIR analysis and mitigation measures are summarized in Section 4.0.

1.4 RELATIONSHIP TO THE APPROVED WESTERN RIVERSIDE COUNTY

REGIONAL CONSERVATION AUTHORITY (RCA) MULTIPLE SPECIES

HABITAT CONSERVATION PLAN (MSHCP) JOINT PROJECT

REVIEW(JPR)
A Western Riverside County Regional Conservation Authority (RCA) Multiple Species Habitat Conservation Plan (MSHCP) Joint Project Review (JPR) was completed in December 2007 for the proposed project. The JPR (07-03-12- 02) was approved by the RCA and required the conservation of 23.1 acres of sensitive habitat associated with Noble Creek in the southern portion of the 2007 project site. 6.0 acres of the conservation area are within Criteria Cell 940 and 17.1 acres of conservation are outside of conservation cells. The currently proposed project is substantially the same as the 2007 project and the RCA concluded that "the project is consistent with both the criteria and other plan requirements. On July 28, 2024, the RCA issued a clerical amendment to the approved JPR which corrected the actual impact and mitigation/conservation acreages that are required for the proposed project. The currently proposed project is consistent with the JPR clerical amendment and no additional MSHCP compliance is required as long as the formal conservation of the 23.1 acres of sensitive habitat is conveyed to the RCA.

No additional biological resource mitigation measures or MSHCP coordination is required. The July 28, 2024, MSHCP JPR amendment is contained in Appendix A.

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Oak Valley Village General Commercial Project Plot Plan 202.4-O059 682 of 2775 5 CEQA Guidelines Section 15183 Compliance
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Figure 1-4 Existing General Plan Land Use
6 City of Beaumont

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Figure 1-5 Existing Zoning
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8 City of Beaumont

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Source: Image produced by HDR in 2007; adapted by Ascent in 2025.

Figure 1-6 2007 Approved Project Site Plan
City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 2024-0059

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9 2 PROJECT DESCRIPTION

2.1 PROJECT LOCATION
Regionally, the project site is located within the north -central portion of the City of Beaumont (City), Riverside County, California (Figure 2-1). The project site is located south of and adjacent to Oak Valley Parkway, approximately 500 feet east of Interstate 10 (I-10) (Figure 1-1). Noble Creek is located immediately south of the project site.

2.2 ENVIRONMENTAL SETTING
As shown on Figure 1-1, the project would encompass an approximately 28.95 -acre development site (APNs 414-070- 009, 414-080-001, 414-080-003, 414-080-004, 414-080-005, 414-080-006 and 414-090-019). The undeveloped parcel slopes from north to the south towards Noble Creek. Onsite elevations range from 2,525 feet above mean sea level (AMSL) in the northeast portion of the site to 2,480 feet AMSL in the southwestern portion of the site. The site is currently vacant, consisting of generally flat area and is covered by non-native grasses and riversidian sage scrub. The 2007 EIR Cultural Resources Assessment determined that the project site has been included in previous cultural resources studies and that no archaeological sites had been recorded within its boundaries. Existing commercial and single-family residential uses are located to the north, and east of the project site and across Noble Creek to the south.

2.2.1 Existing General Plan Land Use Designation and Zoning According to the 2020 General Plan Update Land Plan Map, the project site has a land use designation of General Commercial (GC) which allows for "Big Box" and "Large Format" retailers within commercial shopping centers, with a maximum FAR of 0.75. The purpose and intent of this land use designation is to allow a mix of retail and restaurant uses that serve adjacent neighborhoods. The proposed project is entirely consistent with the General Commercial general plan land use designation and is well within the 70 percent buildout assumption. The existing general plan designation is shown in Figure 1-4.

The project site is zoned Community Commercial (CC), which allows for community commercial land uses including retail and restaurant uses. Existing City of Beaumont zoning is shown in Figure 1-5. The proposed project is entirely consistent with the existing zoning. The proposed project is being processed as a Plot Plan.

The Community Design Element of the General Plan identifies the project site within the North Neighborhood Sub Area. Projects within the North Neighborhood Sub Area are required to include Design Guidelines that address grading, architectural styles, details and materials, color palettes, landscaping, irrigation, walls and fencing, and other items related to future development.

2.3 PROJECT CHARACTERISTICS

2.3.1 Site Plan
The project proposes the development of the 28.95 -acre project site into 279,941 square feet of general commercial land uses (Figure 2-1). This represents a FAR of 0.22, which is well within the maximum allowable community commercial FAR of 0.75. The project proposes two major retail tenants, one mid -sized retail tenant, one series of shops and four pads (A -D). A total of 1,560 parking spaces are required by the city zoning code, 1,376 parking spaces are provided, which will require a minor variance. Of the 1,376 parking spaces, 214 will be EV ready/capable.

2.3.2 Circulation
The primary vehicular access point would be via driveways along Oak Valley Parkway east of Interstate 10 (I-10). Interior circulation would include two primary travel lanes, parking drive aisles. and parking. A total of 1,376 parking spaces are proposed. A fire department turn around is provided at the southern terminus of the [primary north -south access road.

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Oak Valley Village General Commercial Project Plot Plan 2024-O059rage 687 of 2775 11 CEQA Guidelines Section 15183 Compliance Ascent
Pedestrian circulation is provided within and along the perimeter of the site and along proposed building frontages.

2.3.3 Architecture
The proposed commercial buildings architecture styles are shown in the elevations in Figures 2-2 and 2-3.

2.3.4 Landscaping and Irrigation
The landscape intent is to provide a consistent onsite and street scene landscape for project visitors. A low -moderate plant palette would be used to enhance and complement the commercial architecture while ensuring sustainable landscape practices. Landscaping would include a variety of trees, shrubs, and groundcover. All disturbed areas would be replanted and irrigated. The landscape plan is shown in Figure 2-4.

2.3.5 Utilities
Municipal and private utility services are necessary to serve the project and are currently available within or adjacent to the project site. On -site utility infrastructure necessary to serve the project, including water, sewer, drainage, storm water runoff treatment facilities, and dry utilities, would be installed with the proposed development and would connect to the existing utilities.

DRY UTILITIES
The project site is located within the service areas of the following utility purveyors: Southern California Edison (SCE) (electricity), and Southern California Gas Company (SoCalGas) (natural gas). The project includes installation of on -site utility infrastructure that would connect to the existing facilities adjacent to the project site.

WATER AND WASTEWATER
The Cherry Valley -Beaumont Water District provides water service to the project site. There is an existing water line beneath Oak Valley Parkway. The project includes installation of water lines on -site that would connect to the existing water lines in the adjacent roadways. Wastewater disposal is provided by the City of Beaumont and there is an existing 30 -foot sewer easement along the western project boundary. The existing infrastructure has sufficient capacity to accommodate the proposed uses and existing development, and no upgrades to the existing infrastructure off -site would be required.

STORM DRAINS AND WATER QUALITY FEATURES
Stormwater would flow from the northeast to the southwest via proposed onsite storm drains and surface flow, and would be detained and treated in a surface water quality basin in the southeast corner of the project site, south of Major Building No. 3. Stormwater flows exceeding the capacity of the basin would be discharged to Noble Creek.

2.3.6 Grading
Project grading would require 245,170 cubic yards of cut and 239,470 cubic yards of fill. A total of 24,950 cubic yards of offsite export (including utility trench spoils) would be required. Most of the cut would be from the northern, central, and eastern portions of the site, which would be redistributed in the western and southern portions of the site. Onsite slopes (2:1) would be up to 20 feet in height adjacent to Noble Creek will be created.

REQUESTED ENTITLEMENTS
Requested project entitlements/approvals include the: plot plan approval, parking variance, CEQA exemption adoption and annexation into the Beaumont Cherry Vallet Water District. 12 City of Beaumont

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Figure 2-1 Site Plan
City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 2024-0059

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13 Ascent CEQA Guidelines Section 15183 Compliance
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City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 2024-0059 Page 690 of 2775 15

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City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 2024-0059

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CEQA Guidelines Section 15183 Compliance
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City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 2024-0059

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19 3 ENVIRONMENTAL REVIEW CONCLUSION
The analysis presented in Section 4.0 (Project -Specific Environmental Assessment) of this memorandum demonstrates that the proposed project meets the requirements of CEQA Guidelines Section 15183, and as such, no additional CEQA review, such as a Subsequent or Supplemental EIR or MND, is required for the project. Specifically:
► The proposed project would not result in environmental impacts that are peculiar to the project site not addressed in the 2020 General Plan Update EIR (CEQA Guidelines Section 15183(b)(1)); ► The proposed project is consistent with the project site's adopted 2020 General Plan Update land use designation of "GC — General Commercial (70% maximum buildout)" and there are no environmental effects associated with the proposed project that were not previously analyzed as significant effects by the GPU EIR (CEQA Guidelines Section 15183(b)(2));
► There are no potentially significant off -site or cumulatively considerable impacts of the proposed project that were not discussed in the GPU EIR (CEQA Guidelines Sections 15183(b)(3) and 15183(j)); ► There is no substantial new information which was not known at the time the GPU EIR was certified that would result in a more severe environmental impact beyond the significant impacts previously identified in the GPU EIR (CEQA Guidelines Section 15183(b)(4));
► The GPU EIR was certified in conjunction with the City's adoption of the 2020 General Plan Update, and the proposed project is consistent with the project site's existing 2020 General Plan Update land use designation of "L — Low Density Residential (0.5 du/ac — 2.0 du/ac)." (CEQA Guidelines Section 15183(d)); and ► All of the Standard Conditions of Approval (COAs) and Mitigation Measures (MMs) relied upon by the GPU EIR to reduce environmental effects and that are applicable to the proposed project are feasible and would be implemented as part of the project (CEQA Guidelines Section 15183(e)).

Accordingly, and pursuant to CEQA Guidelines Section 15183, because the proposed project is consistent with the 2005 General Plan Update, and because the proposed project would not result in any new or more severe impacts to the environment beyond what was previously evaluated and disclosed as part of the GPU EIR, no additional environmental review is required for the proposed project beyond the analysis and conclusions provided in Section 4 of this memorandum.

3.1 OVERVIEW OF CEQA GUIDELINES SECTION 15183
Article 12 (Special Situations) of the State CEQA Guidelines identifies situations for which certain CEQA-compliance procedures may apply. Specifically, Section 15183 of the CEQA Guidelines applies to projects that are consistent with existing zoning, community plan, or general plan policies for which an EIR was previously certified. CEQA mandates that such projects shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site. Section 15183 is intended to streamline the review of such projects and reduce the need to prepare repetitive environmental studies.

For projects that meet the requirements of Section 15183, the Lead Agency is required to limit its examination of environmental effects to those effects which the Lead Agency determines, in an initial study or other analysis:
1) Are peculiar to the project or the parcel on which the project would be located; 2) Were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan with which the project is consistent;
3) Are potentially significant off -site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action; or 4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.

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Oak Valley Village General Commercial Project Plot Plan 202.4-O059 693 of 2775 21 CEQA Guidelines Section 15183 Compliance Ascent
If an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, as contemplated by CEQA Guidelines Section 15183(c), then an additional EIR need not be prepared for the project solely on the basis of that impact. Pursuant to CEQA Guidelines Section 15183(h), an environmental effect shall not be considered peculiar to the project or parcel solely because no uniformly applied development policy or standard is applicable to it. Section 15183(e) allows for the analysis to be limited for those significant environmental effects which were previously identified in the prior EIR, and for which all applicable mitigation measures identified by the prior EIR are found to be feasible. For such effects, the Lead Agency is required to make a finding at a public hearing as to whether the feasible mitigation measures would be undertaken.

Pursuant to CEQA Guidelines Section 15183(f), an effect of a project on the environment shall not be considered peculiar to the project or the parcel if uniformly applied development policies or standards have been previously adopted by the city or county with a finding that the development policies or standards will substantially mitigate that environmental effect when applied to future projects, unless substantial new information shows that the policies or standards will not substantially mitigate the environmental effect. The finding shall be based on substantial evidence which need not include an EIR. Such development policies or standards need not apply throughout the entire city or county but can apply only within the zoning district in which the project is located, or within the area subject to the community plan on which the lead agency is relying. Moreover, such policies or standards need not be part of the general plan or any community plan but can be found within another pertinent planning document such as a zoning ordinance. Where a city or county, in previously adopting uniformly applied development policies or standards for imposition on future projects, failed to make a finding as to whether such policies or standards would substantially mitigate the effects of future projects, the decision -making body of the city or county, prior to approving such a future project pursuant to Section 15183, may hold a public hearing for the purpose of considering whether, as applied to the project, such standards or policies would substantially mitigate the effects of the project. Such a public hearing need only be held if the city or county decides to apply the standards or policies as permitted in Section 15183.

Section 15183(j) of the State CEQA Guidelines does not affect any requirement to analyze potentially significant off - site or cumulative impacts if those impacts were not adequately discussed in the prior EIR. If a significant offsite or cumulative impact was adequately discussed in the prior EIR, then Section 15183 may be used as a basis for excluding further analysis of that offsite or cumulative impact.
72 City of Beaumont

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4 PROJECT -SPECIFIC ENVIRONMENTAL ASSESSMENT
The following analysis addresses the potential impacts from the proposed Oak Valley Village Commercial Project in relation to the analysis presented in the GPU EIR that was certified in October 2020 (SCH No. 2018031022) and in the certified EIR for the previous project (February 2007 - SCH 2006011015). The discussion below is formatted to address each of the environmental checklist items identified by Appendix G to the CEQA Guidelines, which also were relied upon by the 2020 GPU EIR and the 2007 project EIR. The analysis assumes that the proposed project would be subject to all applicable Mitigation Measures (MMs) identified by the GPU and project EIRs, applicable Standard Conditions of Approval (COAs) as identified in the GPU EIR, and any standard COAs that have been implemented since the General Plan EIR was certified that are applicable to the proposed project. Applicable MMs, and COAs that were relied upon to evaluate the project's potential environmental effects are listed under the appropriate environmental subject heading in the following subsections.

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4.1 AESTHETICS
Would the project
New
Significant
Impact
New Ability to No Substantial
More Severe Substantially Change from
Impacts Reduce Significant Previous
Impact Analysis
a. Have a substantial adverse effect on a scenic
vista?
b. Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
c. In non -urbanized areas, would the project
substantially degrade the existing visual character
or quality of public views of the site and its
surroundings? (Public views are those that are
experienced from publicly accessible vantage
point). If the Project is in an urbanized area, would
the Project conflict with applicable zoning and
other regulations governing scenic quality?
d. Create a new source of substantial light or glare,
which would adversely affect day or nighttime
views in the area?
The 2020 GPU EIR and the 2007 project EIR evaluated the project site for impacts to Aesthetics.

4.1.1 Applicable 2020 GPU EIR and 2007 Project EIR Mitigation Measures
2020 GPU EIR Mitigation Measures: The 2020 GPU EIR does not include mitigation measures for Aesthetics. 2007 Project EIR Mitigation Measures: The 2007 project EIR does not include mitigation measures for Aesthetics.

4.1.2 Previous Significance Determinations
The 2020 GPU EIR concluded that development associated with the buildout of the Planning Area (city limits and sphere of influence) result in the intensification of existing land uses and the conversion of vacant land into urban land uses; however, project -specific design review of projects proposed in the Planning Area would ensure that development pursuant to the General Plan (Beaumont 2040 Plan) is attractive and cohesive without diminishing the quality of the natural beauty of the general vicinity. Adherence to the Beaumont 2040 Plan goals and policies and project -specific design review of individual projects would result in a less than significant impacts to scenic vistas. In addition, the Planning Area did not propose any land uses which would significantly impact scenic resources within the Planning Area or vicinity, and site specific analysis required by the City's entitlement process and CEQA would ensure that potential scenic impacts of individual proposed projects are disclosed and mitigated to a less -than - significant level, and as such, impacts regarding damaging scenic resources would be less than significant. The 2020 GPU EIR also concluded that implementation of the goals and policies of the Beaumont 2040 Plan would ensure that urbanization of the Planning Area would not result in substantial degradation to the existing visual character or quality of the Planning Area and its surroundings, thus resulting in a less -than -significant impact. As stated in the 2020 GPU EIR compliance with the City's municipal code of ordinances would reduce new sources of substantial light and glare for daytime and nighttime views to a less -than -significant level. Therefore, all impacts were found to be less than significant, and no mitigation measures were required. 24 City of Beaumont

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The 2007 Project EIR did not analyze aesthetics, as the Appendix G Environmental Checklist Form included in the CEQA Statute and Guidelines did not, at the time, have a section addressing aesthetic environmental impacts.

Therefore, a significance determination of the project's potential aesthetic impacts was not determined.

4.1.3 Project -Specific Analysis
The project is located within a non -urbanized area of the city and is not included within a scenic vista. Motorists, cyclists, and pedestrians traveling along Oak Valley Parkway and along the I-10 freeway see partially obstructed views of the project site due to terrain; surrounding land uses include low -density residential and commercial. The proposed commercial development would be of similar scale and height to the existing surrounding land uses and would not obstruct a scenic resource. No scenic highways are located within the project site or in the vicinity of the project site, and no trees, rock outcroppings, or historic buildings are located on the project site in connection with a state scenic highway; the nearest eligible and designated scenic highway is State Route 243 near Banning, approximately 6.5 miles east of the project site. As the project would conform to the underlying existing zoning and General Plan land use designations on -site, and due to the fact that land uses in the vicinity are commercial and low - density residential, development of the project's commercial land uses would not result in significant degradation to the existing visual character or quality of public views of the project site and surroundings. Regarding on -site lighting or glare, lighting for the project would be provided in order to illuminate building entrances, common open space areas, and parking areas largely to provide adequate nighttime visibility for patrons and visitors and to provide a measure of security; however, all exterior lighting would be designed and installed with shielding to reduce glare on to neighboring properties in conformance with City standards, such as Chapter 8.50 of the City's municipal code and the Outdoor Lighting Ordinance. Conformance to the City's municipal code and lighting ordinance standards would ensure that the project would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area.

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4.2 AGRICULTURE AND FORESTRY RESOURCES
Would the project
New
Significant
Impact
New Ability to No Substantial
More Severe Substantially Change from
Impacts Reduce Significant Previous
Impact Analysis
a. Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to non-
agricultural use?
b. Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources
Code section 12220(g)), timberland (as defined by
Public Resources Code section 4526), or
timberland zoned Timberland Production (as
defined by Government Code section 51104(g))?
d. Result in the loss of forest land or conversion of
forest land to non -forest use?
e. Involve other changes in the existing environment,
which, due to their location or nature, could result
in conversion of Farmland, to non-agricultural use
or conversion of forest land to non -forest use?

4.2.1 Applicable 2020 GPU EIR and 2007 Project EIR Mitigation Measures
The 2020 GPU EIR and the 2007 project EIR evaluated the project site for impacts to Agriculture and Forestry Resources.
2020 GPU EIR Mitigation Measures: The 2020 GPU EIR includes the following applicable mitigation measures for Agriculture and Forestry Resources:
► MM -AG -1: Because the State revaluates and changes Farmland designations approximately every two years, to determine the specific impacts to designated Farmland sites shown on Figure 5.2-1— Designated Farmland, as part of any entitlement process for any future development proposal, the project applicant shall use the most current FMMP data available to determine the number of acres of Prime Farmland, Unique Farmland, and Farmland of Statewide Importance that would be permanently converted to a non-agricultural use by the proposed future development. This number shall be referred to as the "Acres of Converted Farmland." If the Acres of Converted Farmland for any future development project is greater than zero, the City shall require the project proponent to provide mitigation in the amount equivalent to the Acres of Converted Farmland. This mitigation may be provided by one or more of the following methods: (i) placement of an agricultural easement on property containing soils that meet the physical and chemical criteria for Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, (ii) cancellation of a Notice of Non -renewal or an agreement not to file a Notice of Non -renewal for Williamson Act contracts on property (or properties), (iii) placement of a new Williamson Act contract on property or properties, or (iv) any combination of (i), (ii),or (iii). Other feasible measures to protect the soils and lands designated by the State FMMP program not listed here can be 26 City of Beaumont

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implemented as determined by the City. This mitigation shall be made a condition of project approval and evidence of mitigation shall be provided to the Beaumont Planning Department prior to the issuance of a grading permit.
► MM -AG -2: In order to allow the operation of produce stands in the Industrial Zoning District as part of the revisions to the Beaumont Zoning Ordinance, Section 17.03.100 and Table 17.03-3 shall be revised to include Produce Stands as a permitted use in the Manufacturing (M) Zone. 2007 Project EIR Mitigation Measures: The 2007 project EIR does not include mitigation measures for Agriculture and Forestry Resources.

Level of Significance with Mitigation Measures
Less Than Significant Impact.

4.2.2 Previous Significance Determinations
The 2020 GPU EIR concluded that the Beaumont 2040 Plan does not designated any lands for agricultural use, and the zoning assigned which permits agricultural use also allows other non-agricultural use. Because there are no exclusive agricultural land use designations included as part of the Beaumont 2040 Plan, up to 50 acres of farmland could eventually be converted to other uses. While certain policies and proposed revisions to the City's Zoning Code support and permit agricultural land uses, the Beaumont 2040 Plan does not require the preservation of designated Farmland, and there are no policies available to mitigate the irreplaceable loss of Prime and Unique Farmland. As a result, new mitigation measure MM -AG -1 was implemented to ensure that impacts regarding the conversion of Farmland to non-agricultural uses are considered less than significant. There are currently no Williamson Act contracted lands within the Planning Area of the Beaumont 2040 Plan, and no impacts would occur regarding Williamson Act lands. No lands within the Planning Area are designated or zoned for forestland or timberland use, and no impacts would occur.

The 2007 Project EIR determined that the project would have a less than significant impact on agricultural resources, as the project site was not zoned for agricultural cultivation, nor was it under a Williamson Act contract or designed as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. The project site was possibly used for agricultural purpose decades ago, but had since remained vacant and undeveloped land, and although the project site might be suitable for agriculture, the project site lacked available irrigation water or irrigation facilities to support agricultural use; in addition, no agricultural lands adjoined the project site, and proposed commercial uses would not convert farmland to non-agricultural use. The 2007 Project EIR determined that there would be no impact.

4.2.3 Project -Specific Analysis
The project site is designated as Farmland of Local Importance, according to the California Department of Conservation's California Important Farmland Finder database (DOC 2025a). However, no agricultural uses, forestland, or timberland production zones exist on the project site. Therefore, the project would not convert active farmland, forestland, or timberland production areas to non -farmland, non-forestland, and non -timberland production uses. The project site is not included in a Williamson Act contract (DOC 2025b). The project site is zoned CC, which allows for community commercial land uses, including retail and restaurant uses. The project would conform to the underlying zoning on -site by developing commercial land uses, including two major retail stores, one mid -sized retail store, and a series of smaller shops. Therefore, there are no impacts that are peculiar to the project site; there are no direct or cumulatively -considerable impacts of the project that were not already evaluated by the 2020 GPU EIR and 2007 Project EIR; and there are no new or more severe impacts to the environment beyond what was previously evaluated and disclosed by the 2020 GPU EIR and 2007 Project EIR.

City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 202.4-0059 699 of 2775 27 CEQA Guidelines Section 15183 Compliance Ascent

4.3 AIR QUALITY
Where available, the significance criteria established by the applicable air New quality management or air pollution control dishict may be relied upon to Significant make the following determinations. Would the project Impact NewAbilityto No Substantial
More Severe Substantially Change from
Impacts Reduce Significant Previous
Impact Analysis
a. Conflict with or obstruct implementation of the
applicable air quality plan?
b. Result in a cumulatively considerable net increase
of any criteria pollutant for which the project
region is non -attainment under an applicable
federal or state ambient air quality standard?
c. Expose sensitive receptors to substantial pollutant
concentrations?
d. Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?
The 2020 GPU EIR and the 2007 project EIR evaluated the project site for impacts to Aesthetics.

4.3.1 Applicable 2020 GPU EIR and 2007 Project EIR Mitigation Measures
2020 GPU EIR Mitigation Measures: The 2020 GPU EIR includes the following applicable mitigation measures for air quality.
► MM-AQ-1: In order to reduce future impacts related to exceedance of air quality standards from criteria pollutants and from TACs impacting sensitive receptors, prior to discretionary approval for development projects subject to CEQA review, project applicants shall prepare and submit a technical analysis evaluating potential air quality impacts, including TAC's where appropriate, to the City of Beaumont for review and approval. The analysis shall be prepared in conformance with current South Coast Air Quality Management District (SCAQMD) methodology for assessing air quality impacts and TACs. Feasible mitigation measures for each future project shall be incorporated, if applicable.
2007 Project EIR Mitigation Measures: The 2007 project EIR included the following mitigation measures for Air Quality:
► MM -4.1-1: All vehicles on the construction site shall travel at speeds less than 15 miles per hour. ► MM -4.1-2: All material stockpiles subject to wind erosion during construction activities, that will not be utilized within three days, shall be covered with plastic, an alternative cover deemed equivalent to plastic, or sprayed with a nontoxic chemical stabilizer.
► MM -4.1-3: Where vehicles leave the construction site and enter adjacent public streets, the streets shall be swept daily or washed down at the end of the work day to remove soil tracked onto the paved surface. Any visible track -out extending for more than fifty (50) feet from the access point shall be swept or washed within thirty (30) minutes of deposition.
► MM -4.1-4: All diesel -powered vehicles and equipment shall be properly operated and maintained. ► MM -4.1-5: All diesel -powered vehicles and gasoline -powered equipment shall be turned off when not in use for more than five (5) minutes.
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► MM -4.1-6: The grading contractor shall utilize equipment with Tier 3 -certified diesel engines for all equipment with an engine power rating of greater than 100 HP.
► MM -4.1-7: The construction contractor shall time the construction activities so as not to interfere with peak hour traffic. To minimize obstruction of through traffic lanes adjacent to the site, a flag person shall be retained to maintain safety adjacent to existing roadways, if necessary. ► MM -4.1-8: The construction contractor shall support and encourage ridesharing and transit incentives for the construction crew.
► MM -4.1-9: The construction contractor shall utilize water -based or low VOC coatings that comply with the most stringent SCAQMD Rule 1113 limits. Spray equipment with high transfer efficiency, such as the high volume -low pressure (HVLP) spray method, or manual coatings application such as paint brush hand roller, trowel, spatula, dauber, rag, or sponge, shall be used to reduce VOC emissions, where practical. ► MM -4.1-10: If construction equipment powered by alternative fuel sources (liquefied petroleum gas/compressed natural gas) is available at comparable cost, the developer shall specify that such equipment be used during all construction activities on the project site.
► MM -4.1-11: The developer shall require the use of particulate filters on diesel construction equipment exceeding 100 HP unless use of such filters is demonstrated to not be practical for use on proposed project. ► MM -4.1-12: All diesel -powered equipment rated at 100 horsepower or higher shall be equipped with engines that meet Tier 3 NOx emission limits.
► MM -4.1-13: The proposed project shall incorporate any available transportation control measures (TCMs). Such measures include, but are not limited to:
• Providing preferential parking spaces for employee carpools and vanpools. • Providing on -street bus shelters and well -lighted, safe paths between site uses. ■ Scheduling truck deliveries and pickups for off-peak hours where feasible. • Delivery trucks shall turn off their engines if the anticipated duration of idling exceeds three minutes.

Level of Significance with Mitigation Measures
2020 GPU EIR: Significant and Unavoidable Impacts.
2007 Project EIR: Significant and Unavoidable Impacts.

4.3.2 Previous Significance Determinations
2020 GPU EIR
The 2020 GPU EIR determined that buildout of the Planning Area in accordance with the Beaumont 2040 Plan would exceed established thresholds, even with the implementation of all feasible mitigation measures outlined above.

Therefore, regarding whether a project would introduce GHG emissions directly or indirectly that may have a significant impact on the environment, this impact was determined to be significant and unavoidable. In terms of whether the project would conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing emissions of GHG, the 2020 GPU EIR concluded that implementation of the Beaumont 2040 Plan would contribute to the reduction of GHG emissions throughout the Planning Area and would not conflict or obstruct with the implementation of the Sustainable Beaumont Plan. It was determined that no impact would occur.

City of Beaumont
Oak Valley Village General Commercial Project Plot Plan 20pa0a9 701 of 2775 29

CEQA Guidelines Section 15183 Compliance Ascent
2007 PROJECT EIR
In terms of consistency with the applicable Air Quality Management Plan, (AQMP), the 2007 Project EIR determined that the project was consistent with the AQMP forecasts for the area and therefore would not contribute a significant impact associated with the implementation of the South Coast Air Quality Management District. Regarding regional air quality emissions, it was determined that the project would contribute to existing air quality violations within the air quality basin during both construction and operation, and as such, cumulative incremental increases in pollutant levels would result in significant impacts at the regional level. In terms of contributing to a local carbon monoxide hotspot, the project was found to be less than significant. Regarding impacts to sensitive receptors, existing sensitive receptors were located 110 feet north of the project site. It was concluded that although operational impacts were projected to exceed air quality standards, long-term operational impacts were unlikely to occur to sensitive receptors since the proposed commercial uses would not generate localized emissions in exceedance of air quality standards.

Regarding objectionable odors, it was concluded that the project's commercial retail space would not create objectionable odors. All impacts were determined to be less than significant, except for daily construction and operational impacts, which would continue to exceed the SCAQMD thresholds even with implementation of mitigation measures.

4.3.3 Project -Specific Analysis
The proposed project would involve the construction of 279,941 square feet of general commercial land uses (retail and restaurant) on a project site of approximately 28.95 acres, whereas the 2007 Project EIR proposed commercial development on a project site of approximately 41.3 acres in size. Because the current project would result in reduced commercial intensity compared to the assumptions of the 2007 Project EIR, it can be concluded that the current project would result in fewer air quality emissions as compared to what was evaluated and disclosed in the 2007 Project EIR, for both construction and operation. Specifically, the current project square footage would be approximately a 37 percent reduction in size compared to the 2007 project. Therefore, it can be assumed that the current project would have approximately 37 percent fewer air quality emissions compared to the 2007 project.

Therefore, consistent with the findings of the 2007 Project EIR, the current project would not conflict or obstruct implementation of an applicable air quality plan, would not expose sensitive receptors to substantial pollutant concentrations, and would not result in other emissions, such as odors, adversely affecting a substantial number of people. However, since the air quality basin is in non -attainment for PM10, Nitrous Oxide, Reactive Organic Gases, and Carbon Monoxide, even with approximately a 35 percent decrease in emissions, construction of the current project would still contribute to these existing air quality violations established by the SCAQMD. Therefore, consistent with the 2007 Project EIR conclusions, cumulative incremental increases in pollutant levels for these non -attainment pollutants would result in a significant impact at the regional level, and impacts would be significant and unavoidable, even after all feasible mitigation measures have been incorporated. Therefore, there are no impacts that are peculiar to the project site; there are no direct or cumulatively -considerable impacts of the proposed project that were not already evaluated by the 2020 GPU EIR and 2007 Project EIR; and there are no new or more severe impacts to the environment beyond what was previously evaluated and disclosed by the 2020 GPU EIR and 2007 Project EIR. 30 City of Beaumont

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Beaumont City CouncilJune 17, 2025

Beaumont City Council
June 17, 2025