Beaumont City Council
November 4, 2025

4 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.

6.04 Self-insurance does not comply with these insurance specifications. Applicant acknowledges and agrees that all insurance coverage required to be provided by Applicant 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.

6.05 All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises. Applicant 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.

6.06 Applicant agrees to provide immediate notice to City of any claim or loss against Applicant or arising out of Applicants services and/or activities while using the Facilities 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.

6.07 The coverage shall contain no special limitations on the scope of protection afforded to City, its directors, officers, employees, or authorized volunteers. If the Applicant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Applicant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

7. Indemnification.

7.01 Applicant 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 Applicant 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. Applicant acknowledges that City would not enter into this Agreement in the absence of the commitment of Applicant to defend, indemnify, and protect City as set forth herein.

a. To the fullest extent permitted by law, Applicant shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, injuries, 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 (i) Applicant’s use or occupancy of the Facilities; (ii) any activity, service, event, or program conducted by Applicant or its guests, inv itees, participants, contractors, or vendors; (iii) the performance of this Agreement; and (iv) any breach of this Agreement by Applicant. Applicants’ obligation to defend, indemnify, and hold harmless shall include any and all claims, suits, and proceedings in which Applicant (and/or Applicant’s agents and/or employees) is alleged to be an employee of City. All obligations under this provision are to be paid by Applicant as they are incurred by City.

5 b. Without affecting the rights of City under any provision of this Agreement or this Section, Applicant 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 i s determined by agreement between the parties or the findings of a court of competent jurisdiction.

8. Changes, Cancellations, and Deletions.

8.01. Any changes to the date, time, or nature of Applicant’s use of the Facilities must be requested in writing and approved in advance by the City. The City reserves the right to deny requests that materially alter the originally approved use, conflict with other scheduled events, or pose health, safety, or liability concerns.

8.02 Applicant shall not use or occupy areas of the Facilities, or City property outside the Facilities, beyond those specifically authorized by this Agreement and the approved Applic ation, without the prior written consent of the City. Unauthorized use may result in immediate termination of Facilities access and forfeiture of deposits or fees.

9. Termination of Agreement. 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 Applicant. Upon termination, Applicant and all participants must vacate the Facilities immediately.

Applicant shall promptly return all keys, access cards, or City property provided in connection with this Agreement.

Any damage to the Facilities shall remain the responsibility of the Applicant.

10. Status of Applicant. Applicant is not an employee of City. Applicant agrees that it is not entitled to the rights and benefits afforded to City’s employees, including disability or unemployment insurance, Workers’ Compensation, retirement, CalPERS, medical insurance, sick leave, or any other employment benefit. Applicant 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. Ownership of Facilities.

11.01 Nothing in this Agreement shall be construed to convey, transfer, assign, or otherwise vest any ownership rights, title, or interest in the Facilities to Applicant. The City expressly retains all ownership rights, title, and interest in and to the Facilities, including but not limited to all buildings, structures, fixtures, equipment, furnishings, improvements, and appurtenances that constitute the Facilities.

11.02 Applicant expressly acknowledges and agrees that: (i) Applicant has no ownership rights or interest in the Facilities; (ii) Applicant shall not claim, assert, or seek to establish any ownership rights or interest in the Facilities at any time during or after the term of this Agreement; (iii) Applicant’s use of the Facilities is limited to the non-exclusive right to use the Facilities solely for the Permitted Use; and (iv) Applicant’s use of the Facilities does not and shall not create any ownership interest, equitable interest, leasehold interest, or other property interest in the Facilities.

11.03 Applicant hereby expressly waives any and all claims, rights, or actions that may arise or that Applicant may otherwise have to assert any ownership interes t in the Facilities. This waiver shall survive the termination of this Agreement.

12. Miscellaneous Provisions.

6 12.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between t he parties hereto with respect to the Applicant’s use of the Facilities and contains all of the covenants and agreements between the parties with respect to Applicant’s use of the Facilities in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.

12.02 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.

12.03 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.

12.04 Severability. If any portion, section, sentence, provision or paragraph 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.

12.05 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

12.06 The recitals set forth in the preamble of this Agreement are hereby incorporated into and made a substantive part of this Agreement as if fully set forth herein.

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

CITY: APPLICANT:

CITY OF BEAUMONT V ohne Liche Kennels, Inc.

By:_______________________ By:_______________________ Mike Lara, City Mayor
Print Print
Name: ____________________ Name: ____________________

Date: _____________________ Date: _____________________

ATTEST:

By: ______________________
Nicole Wheelwright, Deputy City Clerk

Date: _________

APPROVED AS TO FORM:

By: ______________________
John O. Pinkney, City Attorney

Date: _________

7 EXHIBIT “A”

CERTIFICA TES OF INSURANCE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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).

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.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

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

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
10/28/2025
The Smith Sawyer Smith Agency
729 Main St
Rochester IN 46975
Sheena Bitterling
574-223-2166
574-223-8713
[email protected]
Travelers Cas InsCo of Am
19046
VOHNLIC-01

LIBERTY MUTUAL INSURANCE
22659
Vohne Liche Kennels, Inc
7953 North Old Route 31
Denver IN 46926
SiriusPoint Specialty Insurance Corporation
1598155712
C
X
1,000,000
X
100,000
5,000
1,000,000
3,000,000
X
ESP-SP-SS-GL-0000037-02
10/13/2025
10/13/2026
3,000,000
A
1,000,000
X
X
X
BA7X424733
2/16/2025
2/16/2026
Medical Payments
$5,000
C
X
1,000,000
X
ESP-SP-SS-SX-0000015-02
10/13/2025
10/13/2026
B
X
WC5-34S-338167-025
5/1/2025
5/1/2026
500,000
500,000
500,000
The Work Comp policy applies to the business operations located at or stemming from Indiana locations only.

Workers Compensation policy listed only covers Indiana employees.

City of Beaumont
Beaumont Police Department
660 Orange Avenue
Beamont CA 92223

Staff Report

TO: City Council
FROM: Gustavo J. Romo, Deputy City Manager
DATE: November 4, 2025
SUBJECT: Professional Services Agreement with Care Solace for Mental Health Coordination Services Utilizing National Opioid Settlement Funds

Description: Consideration of a Professional Services Agreement with Care Solace, Inc. to provide care coordination services from mental health providers and community social services for all residents utilizing funds received from the national Opioid Settlement Agreements.

Background and Analysis:

The City of Beaumont has received funds from national Opioid Settlement Agreements (OSA) and anticipates receiving funds for the next 5 to 12 years, depending on settlement. This was the result of California joining multiple national lawsuits against manufacturers, distributors, and other entities responsible for aiding the opioid epidemic. The funding share for each state has been determined by an agreement among the states that accounts for the impact of the opioid crisis on the state based on number of overdose deaths, number of residents with Substance Use Disorder (SUD), and number of opioids prescribed as well as the state’s population. California jurisdictions receiving OSA allocations must utilize the opioid funds for substance use prevention, intervention, harm reduction, treatment and recovery services in communities.

Staff is proposing a contract with Care Solace for a three-year term to utilize a portion of funding received by the City of Beaumont under the California Opioid Settlements to provide mental health services to the community. Since receiving the settlement funds in 2022, the City has only been able to use $20,000 (of the total $122,396 paid-out) for an educational program that was later determined not to be eligible. Therefore, staff was considering declining future funds. It came to staff’s attention that several jurisdictions, including the City of Murrieta, were able to expand usage of OSA funds by providing mental health coordination services through Care Solace. The services provided by Care Solace align with the State Department of Health Care Services (DHCS) requirements for using opioid abatement funding. The following table identifies the funds that have been identified for Beaumont from 2022 through 2038:

Total Beaumont Opioid Funds Paid and Estimated 1
Beneficiary Total Paid Total Estimated
City of Beaumont $122,396.23 $372,487.42

Beaumont Opioid Funds Paid and Estimated Per Year
Paid 2022 Paid 2023 Paid 2024 Est. 2025 Est. 2026 Est. 2027 Est. 2028 $23,461.04 $10,130.60 $88,804.59 $33,609.83 $32,565 $24,561.49 $35,466.86

Est. 2029 Est. 2030 Est. 2031 Est. 2032 Est. 2033 Est. 2034 Est. 2035 $34,793.97 $32,225.35 $29,717.57 $29,717.57 $22,810.48 $22,810.48 $22,810.48

Est. 2036 Est. 2037 Est. 2038
$19,044.33 $19,044.33 $13,309.51

Per the State Department of Health Care Services (DHCS), the opioid settlement fund payment timeframes vary by settlement and can last up to 18 years. Funds must be expended or encumbered within five (5) years of receipt. Participating agencies may roll over funds from one year to the next or combine their allocations from multiple opioid settlements to pay for allowable expenditures.2

Care Solace serves as a central hub of care for the provision of social and mental health care coordination services to residents. They provide timely connections to verified mental health providers and local social services, expand on existing programs, and bridge the gaps for needs that exceed the scope of those services. They serve as a coordinated point of entry to mental health and social services and support first responders to crisis centers, social workers, and courts and jails. These services are available to all members of the community regardless of financial status. The idea is to have a tech-enabled human approach with equitable access to reliable, ethical, and high-quality mental health care. The services do not rely on medical insurance coverage, Employee Assistance Programs (EAPs), Medicaid, and sliding scale options for those without insurance. Care Solace’s care coordination simply bridges the gap to behavioral health services for individuals in even the most vulnerable communities.

Care Solace’s three main proprietary services - Care Loop, Care Match, and Care Companions – are intended to amplify the City’s current initiatives and services while filling gaps and offering insights through its proposed Scope of Services (Attachment A).

1 Source: County of Riverside, Opioid Settlement Payouts Data 2025 Spreadsheet 2 Source: January 4, 2024, DHCS Behavioral Health Information Notice No. 24-002

The Provider Database used by Care Solace offers City residents and agencies access to more than 473,000 verified mental health providers, 110,000 of which are in California, including those offering advanced pathways to care. Providers are geocoded, so an individual can select a local provider for in-person sessions, if preferred. Selection filters also include language, ethnicity, age, and specialization among others. All services are confidential, accessible 24/7/365, and can be accessed via phone or internet. The services do not require any special equipment or access speed.

It is important to note that mental health affects everyone. It is well-documented that nearly half of the population will experience a mental health concern during the course of each lifetime. According to the report, “Key Substance Use and Mental Health Indicators in the United States: Results from the 2021 National Survey on Drug Use and Health developed by SAMHSA” (Substance Abuse and Mental Health Services Administration):

● 18.8 percent of adults aged 18 or older (or 46.5 million people) in the past year received inpatient or outpatient mental health services, prescription medication for a mental health issue, or virtual (i.e. telehealth) services. ● Approximately 4 percent of Americans across all income, geographic and ethnic backgrounds live with a chronic, severe and disabling mental illness. ● Approximately 21 percent of adolescents have had a mental health disorder by the age of 18.

Care Solace proposes to assist the City of Beaumont by providing its residents with a streamlined, confidential, and free pathway to mental health and substance use care as follows:
● Connect Residents to Providers: Care Solace has a large database of mental health care and substance use treatment providers. It can match Beaumont residents with professionals based on their specific needs, insurance, and other preferences.
● Personalized Assistance: Care Solace offers a 24/7/365 "Care Companion" team that can guide residents through the process of finding and scheduling appointments. They can even make calls on behalf of the resident, helping them navigate insurance and reduce wait times.
● Addressing Barriers to Care: The service is designed to remove common obstacles to seeking mental health support, such as the difficulty of finding a provider who is accepting new patients or the confusion of navigating different insurance plans. Care Solace can assist residents whether they have private insurance, Medicaid, or no insurance at all.

● Support for the Whole Community: Care Solace works with municipalities to provide community-wide solutions for all residents. The platform can also help with connecting people to social services like housing and food assistance. ● Confidentiality: The service is confidential, and any information shared is securely stored. Users can even access an anonymous self-service tool to search for providers on their own. Care Solace will be required to comply with all applicable federal and state data privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA), the California Consumer Privacy Act (CCPA), and related regulations.

In conclusion, staff believes implementation of the Care Solace Central Hub of Care will provide another powerful tool in Beaumont’s toolkit to connect residents with licensed behavioral health care providers and social services and will further efforts to impact mental health and community well-being through a dedicated funding source.

Purchasing Policy – Sole Source Justification
After considerable research, staff was able to justify a sole-source contract without having to bid the services. Staff determined that no comparable services are available, citing the following key features: 24/7 access, provider matching, warm handoffs, and direct first-responder integration as the basis for bypassing competitive bidding. In addition, several comparable jurisdictions have made a similar determination and awarded sole-source contracts to Care Solace, highlighting relevant justifications within their staff reports, including the cities of Murrieta, Santa Clara, and Stockton.

Per staff’s consensus, a Request For Proposals would not produce a full-service alternative. Without that, the City would likely need to dedicate staff time, resources, and new internal processes to manage and coordinate the program. One advantage of Care Solace is that they offer a turnkey solution and have direct experience administering programs funded by opioid settlement dollars. Given our challenges in deploying these funds, this expertise would be a significant asset. In line with the justification provided by other cities who have made a sole-source determination for a Care Solace agreement, the uniqueness of services along with a proven track record makes a competitive procurement process contrary to the public interest.

Fiscal Impact:

Annual pricing for the City of Beaumont is based on a fee of $1.00 per resident/per year.

There is sufficient funding in the Opioid Settlement Agreements revenue accounts to award a Professional Services Agreement to Care Solace, Inc. in a not-to-exceed amount of $135,000 for a term of three years, to provide social services and mental health care coordination services to Beaumont residents. Therefore, there is no impact to the General Fund or any other non-restricted funds from this action.

Recommended Action:

Staff recommends that the City Council:

1. Approve the Professional Services Agreement with Care Solace, Inc. in the Not-to- Exceed amount of $135,000 for a three-year term to provide social and mental health care coordination services utilizing funds received through the National Opioid Settlement Agreements;

2. Approve of the Business Associate Agreement establishing required safeguards for the protection and handling of Protected Health Information (PHI) in compliance with the Health Insurance Portability and Accountability Act (HIPAA), the California Medical Information Act (CMIA), and other applicable data privacy and security laws; and

3. Authorize the City Manager to take appropriate actions to carry out the purpose and intent of this Agreement.

Attachments:

A. Professional Services Agreement w/Scope of Services
B. Business Associate Agreement
C. Proposal
D. Presentation

1 AGREEMENT FOR PROFESSIONAL SERVICES

BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR (“Agreement”) is made and effective as of the 4th day of November 2025 by and between the CITY OF BEAUMONT, a California municipal corporation (“City”) whose address is 550 E. 6th Street, Beaumont, California 92223, and CARE SOLACE, INC., a Delaware corporation whose address is 120 Birmingham Drive, Suite 200 , Cardiff, California 92007 (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “party” and hereinafter collectively referred to as the “parties.”

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 the following services described in more detail in Exhibit “A” (hereinafter referred to as the “ Proposal” and “Scope of Services”):

Provide a web -based navigation system to assist its clients and the City’s residents , businesses, and any other individual s within the City (together, “ Authorized Users ”) in locating and connecting with mental health treatment providers and community based social services.

B. Contractor further agrees to manage and provide such services (defined below) through a web-based services management platform branded with City’s name (the “ Platform”) on the terms and conditions set forth in this Agreement; and

C. Contractor has made a Proposal to the City to provide such professional services, which Proposal is attached hereto as Exhibit “A” and incorporated herein by this reference; and

D. 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, perso nnel 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.

Document Ref: ADKFM-SFZYF-MVSSQ-ZTUBE Page 1 of 24

2 1.1 Effective Date. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein.

1.2 Service Start Date. Following an onboarding process, Contractor will commence the provision of Services on a go-live date that is mutually agreeable to the Parties, as set forth in Exhibit A (“Service Start Date”).

1.3 Term. Notwithstanding anything in this Agreement to the contrary, the initial term shall be for one (1) year from effective date (“Initial Term”), with two (2) one-year automatic extensions (each, a “ Renewal Term ”) (hereinafter collectively referred to as the “Term”) unless notice is given to terminate per Section 1.4 below. The Agreement shall automatically terminate after three (3) years unless extended by the parties with the prior approval of City’s City Council or authorized representative.

1.4 Continuity of Services . To ensure continuity of Services, Contractor will continue to provide the Services for a grace period of ninety (90) days after expiration of the Initial Term or any Renewal Term to allow for negotiation of a subsequent Renewal Term or new agreement.

During this grace period, all terms of the Agreement shall remain in full force and effect, and any Renewal Term or new agreement beginning after this grace period shall be retroactive to the expiration date. In the event the Parties do not agree to renew this Agreement for a Renewal Term or negotiate a new agreement, Contractor shall have the right to issue an invoice for Services rendered during the aforementioned grace period and City agrees to pay.

2. Services to be Performed. Contractor agrees to provide the services (“Services”) as identified in the Proposal and Scope of Services.

2.1 Services include a non-exclusive, non-transferable right to access and use the Platform during the Term, solely for use by Authorized Users in accordance with the terms and conditions of this Agreement (collectively, the “Services”). Such use is limited to City’s internal use. For purposes of this Agreement, Authorized Users shall also include employees, consultants, contractors, and agents of City: (a) who are authorized by City to access and use the Services under the rights granted to City pursuant to this Agreement; and (b) for whom access to the Services have been licensed hereunder.

2.2 In instances which may involve a covered transaction under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") Contractor will only provide the Services to an Authorized User after obtaining written consent under HIPAA and written agreement to Contractor's Terms and Conditions. Contractor reserves the right to deny, and will deny, any Services to City Authorized Users who do not provide such consent and agreement.

2.3 All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. Contractor designates Anita Ward as Contractor’s Document Ref: ADKFM-SFZYF-MVSSQ-ZTUBE Page 2 of 24

3 Representative responsible for overseeing the Services provided by Contractor (“Contractor’s Representative”). City designates the City Manager, or his or her designee, to act as the Project Manager (“Project Manager”) in connection with the delivery of Services under this Agreement.

Contractor shall supply, at its sole expense, all equipment, tools, materials, and supplies necessary to perform Services. In the event that the Proposal contains terms that are in addition to or in conflict with this Agreement, other than the price for Services, such terms shall not be valid and shall be of no force or effect.

2.4 Contractor is Not a Treatment Provider Nor a Crisis Response Team.

Contractor is not a mental health treatment provider nor a provider network and does not provide mental health treatment or other health care treatment to Authorized Users. No provider -patient relationship is formed by provision of the Services to an Authorized User. Rather, Contractor acts solely as a coordinator by connecting Authorized Users to Treatment Providers (as defined below).

Contractor is not a crisis response team. Contractor does not represent, warrant or guarantee that Treatment Providers or community -based social services are of a particular quality. Contractor shall not be liable for the quality of care provided by Treatment Providers or community -based social services.

2.5 License. Subject to the terms and conditions contained in this Agreement, Contractor hereby grants to City a non-exclusive, non-sublicensable, non-transferable license to use the Documentation during the Term solely for City’s internal business purposes in connection with its use of the Services. For purposes of this Agreement, “ Documentation” means user manuals, handbooks, and guides relating to the Services provided by Contractor to City either electronically or in hard copy form. City shall designate one of its employees as its principal contact for communicating with Contractor regarding technical issues in the provision of the Services and shall notify Contractor of such designation in writing within fifteen (15) days of the execution of this Agreement. City may change its principal contact from time to time by providing written notice to Contractor.

2.6 Use Restrictions. City agrees that it and its Authorized Users’ use of the Services will be in a manner consistent with this Agreement and with all applicable laws and regulations, including trade secret, copyright, trademark, and export control laws. Without limiting the generality of the foregoing, City and its Authorized Users will not, directly or indirectly: (a) reverse engineer, decompile, disassemble, or otherwise attempt to discover or copy the Services or Documentation; (b) modify, translate, o r create derivative works based on the Services or Documentation; (c) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or Documentation; (d) use the Services or Documentation for timesharing or service bureau purposes; (e) provide or use the Services or Documentation for the benefit of a third party; (f) remove any proprietary notices or labels from the Services or Documentation; or (g) use the Services or Documentation for any purpose not permitted by this Agreement.

Document Ref: ADKFM-SFZYF-MVSSQ-ZTUBE Page 3 of 24

4 2.7 Aggregated Data. Contractor will provide to City the following de - identified information collected from the Services: number of visitors, matches (as defined below), and phone appointments. If City desires to obtain personally identifiable information from Contractor related to a particular Authorized User’s use of the Services, City shall obtain and deliver to Contractor a duly executed written authorization from the Authorized User, or their legal guardian if applicable, in a form that complies with applicable law.

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 prior written consent of City.

4. Compensation.

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 are based solely on what the City receives per year from the Opioid Settlement Funds or the per capita (i.e., Annual pricing for the City of Beaumont is based on a fee of $1.00 per resident/per year), whichever is less. In no insta nce shall the compensation exceed Forty -Five Thousand Dollars and Zero Cents ($45,000) per year, and in no event shall the total compensation exceed One Hundred Thirty-Five Thousand Dollars and Zero Cents ($135,000) for the three-year term.

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. Verification that the hours billed, when multiplied by the approved hourly rates, result in the correct total;

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5 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, Cit y 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 hourly rate for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.

5.02 Except as otherwise agreed by the parties, C ontractor will supply all personnel, materials and equipment required to perform the Services. Contractor shall provide its own offices, telephones, vehicles and computers. C ontractor 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 Contractor’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 furnished in conformance with local, state and federal laws, rules and regulations.

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6 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 CalPERS 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 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 including, but not limited to California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act, related to their scope of work and operations. In case of conflict, the most stringent shall apply.

5.11 Contractor shall keep itself informed concerning and shall render all Services hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any federal, state or local governmental entity having jurisdiction in effect at the time service is rendered.

5.12 By executing this Agreement, C ontractor warrants that C ontractor (i) has thoroughly investigated and considered the scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the conditions, circumstances, difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of Services hereunder. Should the C ontractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, C ontractor Document Ref: ADKFM-SFZYF-MVSSQ-ZTUBE Page 6 of 24

7 shall immediately inform the City of such facts and shall not proceed except at C ontractor’s sole risk until written instructions are received from the Project Manager.

Contractor warrants all Services under the Agreement to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later) after t he date of final acceptance, C ontractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non -conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Services (or work of other contractors) damaged by Contractor’s defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, C ontractor’s obligation hereunder to correct defective Services shall be reinstated for an additional one -year period, commencing with the date of acceptance of such corrected Services. All costs associated with such corrective actions and testing, including the rem oval, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor.

In the event that C ontractor fails to fulfil its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the satisfaction of the City, the City shall have the right to correct and replace any defective or non -conforming Services and any work damaged by such services or the replacement or correction thereof at C ontractor’s sole expense. C ontractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

Payment to C ontractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

5.13 Time is of the essence in the performance of this Agreement.

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 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:

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8 6.01 Commercial general liability insurance in an amount of not less than $2,000,000 per occurrence and $4,000,000 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 insurance 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 insurance 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. Sole proprietors with no employees, LLCs, or partnerships using the services of members or partners who do not carry Workers’ Compensation insurance acknowledge that they are not subject to the Workers’ Compensation Act of the State of California and agree to complete a signed workers compensation exemption form.

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.

6.05 Cyber Liability Insurance REQUIRED IF CHECKED HERE ONLY [___] (Technology Professional Liability – Errors and Omissions), with limits not less than $2,000,000 per occurrence or claim, and $2,000,000 aggregate or the full per occurrence limits of the policies available, whichever is greater. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. Contractor will file with City, before beginning professional services, certificates of insurance (Acord Form 25 or equivalent) satisfactory to City evidencing.

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9 6.06 If Claims Made Policies (applies only to professional liability and cyber liability policies):

i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

ii. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

iii. If coverage is canceled or non -renewed and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract work.

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 the same.

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.

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 .

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.

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10 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.

7.07 The coverage shall contain no special limitations on the scope of protection afforded to City, its directors, officers, employees, or authorized volunteers. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, t he City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

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 defend, 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 and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, injuries, 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.

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11 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 . 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 defend, 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.

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12 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. I mmediately 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.

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 or Project 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, CalPERS, 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, Contract or may be permitted to retain original documents, and furnish reproductions to City upon request, at no cost to City.

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13 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 use such 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 perf ormance of this Agreement, nor authorize others to do so, without the prior written consent of City.

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, 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 agr eements 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 dischar ge 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 rel ief 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 a ny litigation between them shall be in Riverside County, California.

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14 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 hereunde r. 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 eco nomic 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 C ity 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 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 immediately 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, section, sentence, provision or paragraph 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.

13.10 Prevailing Wages . Contractor shall be responsible to comply with applicable prevailing wages laws. As a condition of payment, if applicable Contractor shall show proof of payment of wages under applicable state and federal laws and regulations relating to prevailing wages in accordance with the “General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1”, for Riverside County and/or 40 U.S.C. Section 276a, et. seq. Such wage rates shall conform with those posted at City offices and the project site. In the event that the Contractor fails to pay the prevailing wages, the Contractor shall be solely liable for penalties and for the Document Ref: ADKFM-SFZYF-MVSSQ-ZTUBE Page 14 of 24

15 shortfall in wages and shall indemnify, defend and hold harmless City under Section 8.01 against any of the same. The following Labor Code sections are hereby referenced and made a part of this Agreement:

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

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

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

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1776 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

13.11 Covenant Against Discrimination . Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry.

13.12 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or Services by Contractor shall not constitute a waiver of any of the provisions of this Ag reement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

13.13 Rights and Remedies are Cumulative . Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

13.14 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purpose of this Agreement.

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16 13.15 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

13.16 Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably neces sary to carry out the purposes of this Agreement. Unless hereafter specified neither party shall be responsible for the service of the other.

13.17 The recitals set forth in the preamble of this Agreement are hereby incorporated into and made a substantive part of this Agreement as if fully set forth herein.

13.18 Notices. All notices must be in writing and addressed to the relevant party at the address below, or to such other address such party specifies in accordance with this Section.

All notices must be personally delivered or sent prepaid by nationally recognized courier or certified or registered mail, return receipt requested, or such other form of communication agreed upon between the parties. Notice is effective upon receipt.

If to City: If to Care Solace:

City of Beaumont Care Solace, Inc.
550 E. 6th St. 120 Birmingham Drive, Suite 200
Beaumont, California 92223 Cardiff, California 92007
Attn: Elizabeth Gibbs, City Manager Attn: Chad Castruita, Chief Executive Officer Email: [email protected] Email: [email protected]

Any party may change the address or persons to which notice is to be provided by giving written notice of the change of address or persons to the other party.

14. Confidentiality. The parties desire to establish terms governing the use and protection of certain confidential information one party (“Owner”) may disclose to the other party (“Recipient”). For purposes of this Agreement, the term “ Confidential Information” means (a) the terms and conditions of this Agreement, subject to a valid request under the California Public Records Act (“CPRA”), (b) non-public aspects of Contractor’s Platform and the operation thereof, the Services, and Contractor’s business and technical information and data, and (c), City’s information or other data processed, stored, or transmitted by Contractor (“City Data ”). In addition, Confidential Information includes information which is disclosed by an Owner or an affiliate of the Owner to a Recipient in documentary or other tangible form bearing an appropriate Document Ref: ADKFM-SFZYF-MVSSQ-ZTUBE Page 16 of 24

17 label indicating that it is confidential or proprietary in nature, or which, if initially disclosed orally or visually is identified as confidential at the time of disclosure and a written summary hereof, also marked with such a label, is provided to Recipient within fifteen (15) days of the initial disclosure.

Recipient may use Confidential Information of Owner only for the purposes of fulfilling the obligations contemplated in this Agreement and shall protect such Confidential Information from disclosure to others, using the same degree of care used to protect its own proprietary information of like importance, but using no less than a reasonable degree of care. Recipient may disclose Confidential Information received hereunder only as reasonably required to perform its obligations under this Agreement and only to its employees, agents, or contractors who have a need to know for such purposes and who are bound by signed, written agreements to protect the received Confidential Information from unauthorized use and disclosure. The restrictions of this Agreement on use and disclosure of Confidential Information shall not apply to information that: (i) is in the possession or control of Recipient at the time of its disclosure hereunder; (ii) is, or becomes publicly known, through no wrongful act of Recipient; (iii) is received by Recipient from a third party free to disclose it without obligation to Owner; (iv) is independently developed by a Party as evidenced by its written and dated records and without any breach of this Agreement; or (v) is the subject of a written permission to disclose provided by Owner. The Recipient may disclose Confidential Information of Owner pursuant to the requirements of a governmental agency or by operation of law, provided that such Recipient gives Owner written notice thereof as soon as practicable to allow sufficient time for Owner to object to disclosure of such Confidential Information. The requirements of this Section shall prevail over any Confidentiality Agreement between the to the extent the Confidentiality Agreement conflicts with the requirements of this Section.

(a) The Parties acknowledge that City is subject to the California Public Records Act (Cal. Gov. Code § 6250 et seq.) and other public disclosure laws. The scope of Confidential Information under this Agreement shall be reviewed and interpreted to ensure it does not conflict with the City's obligations under the CPRA or other applicable public disclosure laws.

In the event of a public records request that may include information designated as Confidential Information by Contractor, City shall promptly notify Contractor of such request and provide Contractor with a reasonable oppo rtunity to seek a court order preventing disclosure. Nothing in this Agreement shall require City to violate applicable law regarding public access to records.

15. Data Privacy and Security.

15.01 Compliance with Laws. Contractor and City agree to comply with all applicable federal and state data privacy laws and requirements, which may include, without limitation; the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501-6506 (“COPPA”); the Health Insurance Portability and Accountability Act of 1996 (“ HIPAA”); the California Consumer Privacy Act ( CCPA) / CPRA) ; the Welfare and Institutions Code (WIC) §§ 5328 et Document Ref: ADKFM-SFZYF-MVSSQ-ZTUBE Page 17 of 24

18 seq.; the Information Practices Act (IPA) – Civil Code §1798 et seq.; the Family Educational Rights and Privacy Act (FERPA); the Health Information Technology for Economic and Clinical Health Act (“HITECH”); regulations promulgated thereunder including, without limitation, 45 C.F.R. Parts 160 and 164, and as may be amended from time to time; and the California Medical Information Act (“CMIA”) (collectively, “Privacy Laws”).

Contractor and City each agree that City personnel may have access to Protected Health Information (hereinafter “PHI”) that is subject to the requirements of HIPAA (codified at 45 C.F.R.

Parts 160, 162, and 164 and related regulations). In the event that: (i) City is considered to be a HIPAA covered entity; (ii) Contractor is considered to be a HIPAA business associate; and (iii) Authorized Users are providing PHI to Contractor, then Contractor warrants that it will appropriately safeguard PHI (as that term is defined in 45 C.F.R. 160.103), and agrees that to the extent it applies, Contractor will comply with the provisions of 45 C.F.R. 164 Subpart E regarding use and disclosure of PHI. Contractor and City shall execute a Business Associate Agreement.

15.02 Notice of Privacy Policy. The Platform will include links to Contractor’s Notice of Privacy Policy and Terms of Use.

15.03 Security. Authorized Users will be solely responsible for acquiring and implementing technology policies and procedures that maintain the security of their internet connections. As part of the Services, Contractor shall implement commercially reasonable security procedures consistent with prevailing industry standards to protect information provided by City and Authorized Users from unauthorized access.

15.04 Unauthorized Access. Contractor will monitor City’s and Authorized Users’ usage of the Platform and Services. Contractor will promptly report to City any unauthorized access to data or information provided by City to Contractor upon discovery of such access by Contractor, and Contractor will use diligent efforts to promptly remedy any breach of security that permitted the unauthorized access to occur. If Contractor was solely responsible for the security breach and to the extent that Contractor is required by law or statute to notify individuals whose information was provided to Contractor by City, Contractor shall be solely responsible for all such notifications at its expense. In the event City was solely responsible for the breach, City shall reimburse Contractor for any expenses incurred by Contractor in assisting City, upon reasonable request, with any required notifications to affected individuals. If Contractor and City are jointly responsible for the breach, the Parties will attempt to reach an informal resolution as to expenses and, if unable to do so, it will be considered a “Dispute” subject to the dispute resolution provisions set forth in this Agreement.

(a) In the event of any dispute, claim, or controversy arising out of or relating to a data breach, unauthorized access incident, or the allocation of responsibility or Document Ref: ADKFM-SFZYF-MVSSQ-ZTUBE Page 18 of 24

19 expenses under this Section, the parties shall first attempt in good faith to resolve the matter through informal discussions between their designated representatives. If the parties are unable to resolve the dispute within thirty (30) days of written notice by either party, the dispute shall be elevated to senior management of both parties for further good faith negotiations.

If the parties are still unable to resolve the dispute after an additional thirty (30) days, either party may pursue any remedy available at law or in equity in a court of competent jurisdiction in Riverside County, California. Pending resolution of any such dispute, both parties shall continue to perform their respective obligations under this Agreement to the extent not in dispute.

16. Representations and Warranties.

16.01 Contractor. Contractor represents and warrants that it will comply with all applicable federal and state laws and the terms and conditions of this Agreement, and that it does not hold an ownership interest in any of the practices or businesses of the behavioral health or other health care professionals (“ Treatment Providers”) to which it refers. In the event of any breach by Contractor of the foregoing representations and warranties, City will provide written notice of the breach to Contractor with a thirty (30) day option to cure , if practicable, depending on the nature of the breach.

16.02 City. City represents and warrants that: (a) any information it provides to Contractor does not and will not infringe, misappropriate, or otherwise violate any intellectual property right or right of privacy or publicity of any third party; and (b) the performance of its obligations as set forth in this Agreement and the use of the Services by City and its Authorized Users will not (i) violate any applicable laws or regulations, or (ii) cause a breach of any agreements with any third parties.

16.03 DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS A V AILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

CONTRACTOR HEREBY DISCLAIMS ALL W ARRANTIES, EXPRESS OR IMPLIED.

CONTRACTOR DOES NOT WARRANT THAT THE SERVICES WILL BE
UNINTERRUPTED OR ERROR -FREE OR THAT DEFECTS WILL BE CORRECTED.

CONTRACTOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF

MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND

NONINFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CONTRACTOR DOES NOT WARRANT OR MAKE ANY

REPRESENTATION REGARDING THE RESULTS OR THE USE OF THE SERVICES IN

TERMS OF THEIR CORRECTNESS, ACCURACY , RELIABILITY , OR RISK OF INJURY TO Document Ref: ADKFM-SFZYF-MVSSQ-ZTUBE Page 19 of 24

20 CITY OR ANY AUTHORIZED USER’S COMPUTER, NETWORK, MARKET, OR CUSTOMER BASE.

[SIGNATURES ON FOLLOWING PAGE]
Document Ref: ADKFM-SFZYF-MVSSQ-ZTUBE Page 20 of 24

21 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 CARE SOLACE, INC.

By:_______________________ By:_______________________

Attn: Elizabeth Gibbs, City Manager Attn: Anita Ward, Chief Growth Officer Date: _____________________ Date: _____________________

ATTEST:

By: ______________________
Nicole Wheelwright, Deputy City Clerk

Date: _________

APPROVED AS TO FORM:

By: ______________________
John O. Pinkney, City Attorney

Date: _________

10-24-2025
Document Ref: ADKFM-SFZYF-MVSSQ-ZTUBE Page 21 of 24

22 EXHIBIT “A”

PROPOSAL
and

SCOPE OF SERVICES AND FEES

1. Services:

a. Software-as-a-Service. Care Solace will provide a software-as-a-service offering in the form of the Platform, through which City and its Authorized Users will have access to the following Services:

"Care Coordination" Services." Through the Platform's Care Match® self-service portal, Care Solace will administer a screening and referral process, whereby Authorized Users or their legal guardians in need of mental health or other health care or social services are matched to Treatment Provider(s) or appropriate social service organizations.

Upon request by City, Care Solace will provide email/text templates for City to deliver to City residents to remind them of the Services and provide the URL for the Platform.

b. Care Companion™ Services. Care Solace will provide Authorized Users or their lawful guardians with telephone and email access to unlicensed administrative care coordinators (“Care Companions”) who are trained in researching and addressing Treatment Provider availability and health insurance issues. Care Companions will be available to work directly with Authorized User or their lawful guardians 24 hours per day, 7 days per week, 365 days per year.

2. Service Start Date: November 1, 2025, for an Initial Term through October 31, 2026.

3. Fees and Invoicing:

City will pay Care Solace fees consisting of solely on what the City receives per year from the Opioid Settlement Funds or the per capita (i.e., Annual pricing for the City of Beaumont is based on a fee of $1.00 per resident/per year ), whichever is less. However, in no instance shall the compensation exceed the amount of One Hundred Thirty-Five Dollars and Zero Cents ($135,000) for the 3-year term, which equates to Forty-Five Thousand Dollars and Zero Cents ($45,000) per year. Fees will be invoiced thirty (30) days after commencement of services and annually thereafter for each Renewal Term.

Document Ref: ADKFM-SFZYF-MVSSQ-ZTUBE Page 22 of 24

23 EXHIBIT “B”

CERTIFICATES OF INSURANCE

Document Ref: ADKFM-SFZYF-MVSSQ-ZTUBE Page 23 of 24

REF. NUMBER

ADKFM-SFZYF-MVSSQ-ZTUBE

DOCUMENT COMPLETED BY ALL PARTIES ON
24 OCT 2025 13:12:50
UTC

SIGNER TIMESTAMP SIGNATURE

ANITA WARD
EMAIL
[email protected]
SENT
24 OCT 2025 00:37:44
VIEWED
24 OCT 2025 13:12:35
SIGNED
24 OCT 2025 13:12:50

IP ADDRESS

24.240.17.176

LOCATION

NEWNAN, UNITED STATES

RECIPIENT VERIFICATION

EMAIL VERIFIED
24 OCT 2025 13:12:35
Signed with PandaDoc PAGE 1 OF 1

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT
NAME:

FAXPHONE
(A/C, No):(A/C, No, Ext):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $

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

OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS

HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY (Per accident)
$

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $

PER OTH-

STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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.

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).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
10/24/2025
(619) 908-3100
11000
Care Solace Inc.
120 Birmingham Dr, Ste 200
Cardiff By The Sea, CA 92007
19682
19607
41297
A 2,000,000
X 72SBAAZ9RNE 3/23/2025 3/23/2026 1,000,000
10,000
2,000,000
4,000,000
4,000,000
2,000,000A
72SBAAZ9RNE 3/23/2025 3/23/2026
2,000,000A
72SBAAZ9RNE 3/23/2025 3/23/2026 2,000,000
B
72WECAE0EM0 9/23/2025 9/23/2026 1,000,000
1,000,000
1,000,000
C Cyber Liability AB670138003 3/23/2025 Aggregate 3,000,000 D Directors & Officers EKS3565678 3/23/2025 3/23/2026 Occurrence 1,000,000 Re: Operations of the named insured are subject to the terms and conditions of the policy. City of Beaumont, its officials, employees and agents is named as additional insured with respects to the General Liability Policy per the attached endorsement. 30* days notice of cancellation, 10* days notice of cancellation in the event of nonpayment of premium.

City of Beaumont
550 E. Sixth Street
Beaumont, CA 92223
ADDITRE-01 BWELTY
Snapp & Associates Insurance Services
3838 Camino Del Rio N. STE 310
San Diego, CA 92108 [email protected]
Sentinel Insurance Company, Ltd
Hartford Fire Insurance Company
At-Bay Specialty Insurance Company
Scottsdale Insurance Company
X
3/23/2026
X
X
X X
X

ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #

COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

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

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE 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 onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

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

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
10/24/2025
(619) 908-310011000Care Solace Inc.120 Birmingham Dr, Ste 200Cardiff By The Sea, CA 92007196821960733138 A 2,000,000X72SBAAZ9RNE3/23/20253/23/20261,000,00010,0002,000,0004,000,0004,000,0002,000,000A 72SBAAZ9RNE3/23/20253/23/20262,000,000A 72SBAAZ9RNE3/23/20253/23/20262,000,000B 72WECAE0EM09/23/20259/23/20261,000,0001,000,0001,000,000CCyber LiabilityAB6701380033/23/2025Aggregate3,000,000DErrors & OmissionsLHR8655323/22/20253/23/2026Occ $2M/Agg4,000,000Re: Operations of the named insured are subject to the terms and conditions of the policy. City of Beaumont, its officials, employees and agents is named as additional insured with respects to the General Liability Policy per the attached endorsement. 30* days notice of cancellation, 10* days notice of cancellation in the event of nonpayment of premium.

City of Beaumont550 E. Sixth StreetBeaumont, CA 92223
ADDITRE-01BWELTY
Snapp & Associates Insurance Services3838 Camino Del Rio N. STE 310San Diego, CA [email protected] Insurance Company, LtdHartford Fire Insurance CompanyAt-Bay Specialty Insurance CompanyLandmark American Insurance Company X3/23/2026
XXX XX

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SL 30 32 06 21 Page 1 of 3
© 2021, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)

BLANKET ADDITIONAL INSURED BY CONTRACT
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply.

A. The following is added to Section C. WHO IS AN INSURED:

Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit.

A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit.

However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part.

The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured.

The insurance afforded to such additional insured only applies to the extent permitted by law.

The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE . How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS.
a. Vendors
Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions:

This insurance does not apply to:
(a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
(e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
(f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product;

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SL 30 32 06 21 Page 2 of 3
© 2021, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(i) The exceptions contained in Paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.
(2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment
(1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises
(1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
(a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or
(b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(a) In connection with your premises;
(b) In the performance of your ongoing operations performed by you or on your behalf; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if:
(i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and
(ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard".
(2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:

This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including:
(i) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (ii) Supervisory, surveying, inspection, architectural or engineering activities.

This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the “bodily injury”, “property

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SL 30 32 06 21 Page 3 of 3
© 2021, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) damage”, or “personal and advertising injury” arises out of the rendering of or the failure to render any professional service.
e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit (1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit.
(2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
(a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b) "Bodily injury" or "property damage" included within the "products-completed operations hazard". f. Any Other Party
(1) Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(a) In the performance of your ongoing operations performed by you or on your behalf; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if:
(i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and
(ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard".
(2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:

This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, surveying, inspection, architectural or engineering activities.

This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the “bodily injury”, “property damage”, or “personal and advertising injury” arises out of the rendering of or the failure to render any professional service described in Paragraphs f.(2)(a) or f.(2)(b) above.

24 EXHIBIT “C”

BUSINESS ASSOCIATE AGREEMENT

Document Ref: ADKFM-SFZYF-MVSSQ-ZTUBE Page 24 of 24

Calming the Chaos of Mental Health Care
June 2025
[email protected]

My Story

Navigating t he mental healthcare system is complicated.

It takes 60-80 calls on average to find
an available provider who can meet
the needs.

What do I need? Who is in my area?
Who is accepting
new patients?
Who treats
children?
Who takes my
insurance?
Who speaks Spanish?

Individual Therapy Psychiatry
Outpatient Services Partial Hospitalization
Residential Programs Medical Detox
Food AssistanceHousing Assistance
Free & Low Cost Dental & Health Care
Care Solace is a hub, a front door, to all mental
health and social services in a municipality.

We connect all residents to the support they need,
and we navigate the associated chaos of
specialization, insurance, eligibility, and
availability.

We make access to mental health care and social
services easy, inclusive, and dignified
FOR EVERY RESIDENT.

Care Solace has a long history of impact

5 0 0 + C a r e C o m p a n i o n s ™
D e p a r t m e n t s , a g e n c i e s , a n d e m p l o y e e s c o n n e c t t h r o u g h a d e d i c a t e d e m p l o y e r Q R c o d e , o r w i t h a s i n g l e c a l l o r t e x t . O u r C a r e C o m p a n i o n t e a m i s a v a i l a b l e 2 4 / 7 / 3 6 5 i n 2 0 0 + l a n g u a g e s t o c o o r d i n a t e c a r e .

Call a Care Companion
Access the Care Match
C a r e M a t c h ™ S e l f - S e r v e T o o l
F o r a n a n o n y m o u s p a t h w a y t o c a r e , y o u r e m p l o y e e s c a n u t i l i z e C a r e M a t c h , o u r s e l f - s e r v e t o o l , t o f i n d v e r i f i e d p r o v i d e r s o n t h e i r o w n .

W a r m H a n d o f f ®
E m p l o y e r s u s e o u r p r o p r i e t a r y s o f t w a r e t o e a s i l y s u b m i t r e f e r r a l s . W e n a v i g a t e t h e m e n t a l h e a l t h c a r e s y s t e m a n d r e p o r t o n i m p a c t s .

Scan a QR code
6 7 3 K V e r i f i e d P r o v i d e r s
C a r e S o l a c e h a s t h e l a r g e s t n e t w o r k o f v e r i f i e d m e n t a l h e a l t h p r o v i d e r s i n t h e U S , a s w e l l a s s o c i a l s e r v i c e s i n e a c h c o m m u n i t y .

Call a Care Companion
Care Solace Services

Our ServicesO u r M o d e l
Resident accesses Care Solace fromthe county's and cities' website.

Resident can search for help on their ownusing Care Match or call a Care Companionwho will provide personalized support.

Care Solace will match the resident withcustomized resources, coordinate careand closes the loop for the city throughreporting.

Any county staff or
agency
Any business or nonprofit
High-Touch Care Coordination Across Communities
Call a Care Companion
Scan a QR code
Access the website

Murrieta faced access challenges: limited providers, unavailable beds, fragmented services, static shared lists, obstacles related to no insurance and public insurance, scarcity of culturally relevant care, and obscured provider availability. “Our main priority is ensuring that all of our residents have access to necessary resources and solutions. Mental health is a top crisis in America, which led us to partner with Care Solace. Regardless of insurance or severity of need, Care Solace is there for our residents and those that work in Murrieta, seven days a week, 24 hours a day, 365 days a year. Anyone can speak to a live person to help navigate the care system, which is invaluable.” The City of Murrieta, CA launched a three year partnership with Care Solace to close the gaps in access to mental health care and wrap-around social, community, and medical services in support of the 120,000 Murrieta residents, as well as the school district and city departments/agencies, Care Solace serves as a central navigation hub to connect individuals to providers and services.

The Care Match Process

Matches are made using many factors, including:

Location and current contact information
Preferred communication method
Accepted insurances
Language and culture
Age groups
Specializations (DSM-5)
Availability
Care Solace has an unbiased - no “pay to play” relationship with providers.

Care Solace Mental Health
Provider Network
673,000+ in 50 states
108,000 in California

Riverside County Impact: Demographics

Riverside County Impact: Demographics

Riverside County Impact: Mental Health Categories

Riverside County Impact: Treatment Types

Riverside County Impact: Insurance Types

Custom Engagement &
Communication Strategy
Our Care Solace in-house team of
experts work alongside you.

Communications Calendar
for awareness and employee engagement
Communication Mediums
emails, newsletters, webinars, posters, flyers, and more.

Communications Workshops
to explore content, positioning, and channels of
communication

Community engagement
Dignity & cultural/socioeconomic sensitivity
Brochures
Flyers
Social Services
Care Match
Webinars
Videos Stories
Signage

In Stockton, Care Solace is providing care coordination to all city departments, agencies and social services.

Working with the Murrieta city teams for direct resident engagement All city departments
Mayor and City Council
Homeless intervention teams
Employees and HR
First responders - Fire & Police
Community Medical Centers
Stockton Unified School District
Hospitals
County resources
211
988
Example: City of Stockton
caresolace.com/ca-stockton

Examples: Flyers and Signage

Care Match Example

BUSINESS ASSOCIATE AGREEMENT

This Business Associate Agreement (“Agreement”), dated and effective as of November 1, 2025 (“Effective Date”), is by and between City of Beaumont, California (hereinafter “City” or "Covered Entity"), and Care Solace, Inc., a Delaware corporation (hereinafter “Care Solace” or "Business Associate"). City and Care Solace may be referred to individually as “Party,” or collectively as “Parties.”

RECITALS

WHEREAS, the Parties have entered into a business relationship whereby Business Associate has been engaged to provide certain services to Covered Entity pursuant to a separate agreement (the “Services Agreement”), and Business Associate receives, has access to, creates, maintains, or transmits protected health information in order to provide those services;

WHEREAS, Covered Entity and Business Associate intend to protect the privacy and provide for the security of protected health information disclosed to Business Associate in compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”); the Health Information Technology for Economic and Clinical Health Act (“HITECH”); regulations promulgated thereunder including, without limitation, 45 C.F.R. Parts 160 and 164, and as may be amended from time to time; the California Medical Information Act (“CMIA”) to the extent the CMIA is not preempted by HIPAA or HITECH; and other applicable data privacy and security laws and regulations (collectively the “Privacy and Security Regulations”);

WHEREAS, in accordance with the Privacy and Security Regulations, Covered Entity and Business Associate are required to enter into a contract containing specific requirements as set forth in the Privacy and Security Regulations; and

NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS
Terms used in this Agreement that are specifically defined in the Privacy and Security Regulations shall have the same meaning as set forth in those laws. A change to the Privacy and Security Regulations which modifies any HIPAA-defined term or which updates the citation for the definition shall be deemed incorporated into this Agreement.

1.1 “Breach” means the unauthorized acquisition, access, use, or disclosure of PHI which compromises the security or privacy of such information, except where an unauthorized person to whom such information is disclosed would not reasonably have been able to retain such information. The term “breach” does not include the exceptions described in 45 C.F.R. § 164.402(1).

1.2 “Business Associate” has the meaning given to such term under HIPAA, including, but not limited to, 45 C.F.R § 160.103.

1.3 “Covered Entity” has the meaning given to such term under HIPAA, including, but not limited to, 45 C.F.R § 160.103.

1.4 “Data Aggregation” has the meaning given to the term under HIPAA, including, but not limited to, 45 C.F.R. § 164.501.

1.5 “Designated Record Set” has the meaning given to the term under HIPAA, including, but not limited to, 45 C.F.R. §164.501.

1.6 “HITECH” means the Health Information Technology for Economic and Clinical Health Act, Title XIII of the American Recovery and Reinvestment Act of 2009, Public Law 111-005.

1.7 “Individual” has the meaning given to the term under HIPAA, including, but not limited to, 45 C.F.R § 160.103.

1.8 “Protected Health Information” and/or “PHI” has the meaning given to the term under HIPAA, including but not limited to, 45 C.F.R. § 164.103, and includes, without limitation, any PHI provided by Covered Entity to Business Associate as well as PHI created or received by Business Associate on behalf of Covered Entity. Unless otherwise stated in this Agreement, any provision, restriction, or obligation in this Agreement related to the use of PHI shall apply equally to electronic PHI (“EPHI”).

1.9 “Required By Law” has the meaning given to the term under HIPAA, including, but not limited to, 45 C.F.R. § 164.103.

1.10 “Secretary” means the Secretary of the United States Department of Health and Human Services, or designee.

1.11 “Services Agreement” means the underlying agreement(s) that outline the terms of the services that Business Associate provides to Covered Entity.

1.12 “Subcontractor” has the meaning given to the term under HIPAA, including, but not limited to 45 C.F.R. § 164.103.

2. BUSINESS ASSOCIATE OBLIGATIONS

2.1 Request, Use, and Disclosure of PHI. Business Associate agrees that it will use and disclose PHI only in accordance with the terms of this Agreement or as is Required By Law. Business Associate acknowledges that it may use and disclose PHI obtained or created pursuant to the Services Agreement only if the use or disclosure is in compliance with each applicable requirement of HIPAA.

2.2 Permitted Requests, Uses, and Disclosures. Business Associate will not use or disclose PHI except for the purpose of performing Business Associate’s obligations to Covered Entity as described in the Services Agreement, consistent with the requirements of HIPAA and this Agreement, and for other uses and disclosures permitted under this Agreement. Business Associate will not request, use, or disclose PHI in any manner that constitutes a violation of HIPAA. To the extent that Business Associate is carrying out any of Covered Entity’s obligations under HIPAA, Business Associate will comply with all requirements of HIPAA that apply to a covered entity.

In accordance with 45 C.F.R. § 164.504(e)(4), Business Associate may request, use, or disclose PHI:
(a) as is necessary for the proper management and administration of Business Associate, or

(b) to carry out the legal responsibilities of Business Associate.

2.3 Business Associate may disclose PHI for these purposes, in accordance with the provisions of 45 C.F.R. § 164.504(e)(4)(ii), only if either:

(i) the disclosure is Required By Law, or

(ii) Business Associate obtains reasonable assurances from the person to whom Business Associate discloses the PHI that the PHI will be kept confidential and used or further disclosed only as Required By Law or for the purposes for which it was disclosed to the person and that the person will notify Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.

2.3 Minimum Necessary Requirements. Business Associate will request, use, and disclose only the minimum amount of PHI necessary for Business Associate to perform the services for which it has been retained by Covered Entity. Business Associate agrees to comply with the Secretary’s guidance regarding interpretation of the term “minimum necessary.”

2.4 Administrative, Physical, and Technical Safeguards. Business Associate will develop, implement, maintain, and use appropriate safeguards to prevent any use or disclosure of the PHI other than as provided by this Agreement.

Business Associate will implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of EPHI. Business Associate acknowledges that HIPAA provisions regarding administrative safeguards, physical safeguards, technical safeguards, and policies and procedures and documentation requirements at 45 C.F.R. §§ 164.308, 164.310, 164.312 and 164.316 apply to Business Associate in the same manner as to Covered Entity and Covered Entity. Business Associate will comply fully with these provisions of HIPAA.

2.5 Unusable, Unreadable, or Indecipherable PHI. Business Associate will, to the extent feasible, adopt a technology or methodology specified by the Secretary pursuant to 42 U.S.C. § 17932(h) that renders EPHI unusable, unreadable, or indecipherable to unauthorized individuals.

2.6 Agents and Subcontractors. Prior to making any permitted disclosures, Business Associate will ensure that any subcontractors that create, receive, maintain, or transmit PHI on behalf of Business Associate agree in writing to be bound by the same Privacy and Security Regulations that apply to Business Associate under this Agreement, including, but not limited to, those conditions relating to termination of the contract for improper disclosure.

Further, Business Associate shall implement and maintain sanctions against agents and subcontractors, if any, that violate such conditions. Business Associate shall terminate any agreement with an agent or subcontractor, if any, who fails to abide by such obligations.

2.7 Reporting of Illegal, Unauthorized, or Improper Uses or Disclosures. Business Associate will report to Covered Entity any Breach by Business Associate or its agents or subcontractors within thirty (30) calendar days of obtaining knowledge of the Breach. The initial notification, to the extent feasible, will include the identification of each individual whose PHI has been or is reasonably believed to have been accessed, acquired, disclosed, or used during the Breach. As requested, Business Associate will provide Covered Entity with additional information in its possession to enable Covered Entity to comply with its Breach notification obligations. Business Associate will implement a reasonable system for discovery of Breaches.

2.8 Mitigation of Harmful Effect. Business Associate will take commercially reasonable actions to mitigate any harmful effect of a Breach and adopt additional or improve existing safeguards to prevent recurrence.

2.9 Access to PHI. Business Associate will make PHI contained in Designated Record Sets that are maintained by Business Associate or its agents or subcontractors, if any, available to Covered Entity for inspection and copying to enable a Covered Entity to fulfill its obligations under HIPAA. Business Associate will make PHI available for those purposes within ten (10) business days of receipt of a request from Covered Entity.

2.10 Amendments to PHI. Within ten (10) business days of receipt of a request from Covered Entity for an amendment of PHI or an Individual’s record contained in a Designated Record Set, Business Associate or its agents or subcontractors, if any, shall make such PHI available to Covered Entity for amendment and shall incorporate any such amendment to enable Covered Entity to fulfill its obligations under HIPAA, including, but not limited to, 45 C.F.R. § 164.526. If an Individual requests an amendment of PHI directly from Business Associate or its agents or subcontractors, if any, Business Associate will notify Covered Entity in writing within ten (10) business days of the request. Any approval or denial of an amendment of PHI maintained by Business Associate or its agents or subcontractors, if any, shall be the responsibility of Covered Entity. Upon the approval of Covered Entity, Business Associate shall appropriately amend the PHI maintained by it or its agents or subcontractors.

2.11 Accountings of Disclosures of PHI.
a. Business Associate agrees to maintain necessary and sufficient documentation of disclosures of PHI as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures as necessary to fulfill Covered Entity’s obligations under HIPAA, including, but not limited to, 45 C.F.R. § 164.528.

Notwithstanding Section 4.3 below, Business Associate and any agents or subcontractors shall continue to maintain the information required for purposes of complying with this Section 2.11 for a period of seven (7) years after termination of the Agreement.

b. Within ten (10) business days of notice by Covered Entity of a request for an accounting of disclosures of PHI, Business Associate and any agents or subcontractors shall make available to Covered Entity the information required to provide an accounting of disclosures to enable Covered Entity to fulfill its obligations under HIPAA, including, but not limited to, 45 C.F.R. § 164.528. If a request for an accounting is made directly to Business Associate or its agents or subcontractors, Business Associate will notify Covered Entity of the request within ten (10) business days of having received the request. Business Associate will make available to Covered Entity the information required to provide the requested accounting of disclosures. Business Associate will not make any accounting of disclosures directly to an Individual, unless required to do so by law.

2.12 Internal Practices, Books, and Records. Business Associate will make its internal practices, books, and records relating to the use and disclosure of PHI available to the Secretary for purposes of determining Covered Entity and Business Associate’s compliance with HIPAA. Business Associate will notify Covered Entity regarding any PHI that Business Associate provides to the Secretary concurrent with providing the requested PHI to the Secretary.

Upon request by Covered Entity, Business Associate will provide Covered Entity with a copy of the requested PHI.

3. COVERED ENTITY OBLIGATIONS

3.1 Notification of Limitations in Notice of Privacy Practices. Covered Entity shall notify Business Associate of any limitation(s) of which Covered Entity is aware in Covered Entity’s required notice of privacy practices to the extent that such limitation may affect Business Associate’s use or disclosure of PHI.

3.2 Notification of Restrictions on PHI Use or Disclosure. Covered Entity shall notify Business Associate of any restriction of which Covered Entity is aware regarding the use or disclosure of PHI that Covered Entity has agreed to or must comply with to the extent that such restriction may affect Business Associate’s use or disclosure of PHI.

3.3 Notification of Changes or Revocations of Permission. Covered Entity shall provide Business Associate with notice of any grant of, change to, or revocation of permission by Individual to use or disclose PHI within a reasonable period of time after Covered Entity becomes aware of such occurrence to the extent that such event may affect Business Associate’s permitted uses or disclosures of PHI.

4. TERMINATION

4.1 Term and Survival. The term of this Agreement shall be effective as of the Effective Date of this Agreement and continue until terminated by Covered Entity or any underlying Services Agreement expires or is terminated. Any provision related to the use, disclosure, access, or protection of EPHI or PHI or that by its terms should survive termination of this Agreement shall survive termination.

4.2 Termination for Breach.
a. Covered Entity may immediately terminate this Agreement if Covered Entity determines that Business Associate, or any of Business Associate’s agents or subcontractors, has breached a material term of this Agreement, including by engaging in a pattern of activity or practice that constitutes material breach of this Agreement or by violating Business Associate’s obligations under this Agreement. Alternatively, Covered Entity may choose to provide Business Associate with written notice of the material breach and terminate this Agreement if Business Associate has not cured the breach within thirty (30) calendar days of receiving written notice from Covered Entity.

b. Business Associate may immediately terminate this Agreement if Business Associate determines that Covered Entity has breached a material term of this Agreement, including by engaging in a pattern of activity or practice that constitutes material breach of this Agreement or by violating Covered Entity’s obligations under this Agreement.

Alternatively, Business Associate may choose to provide Covered Entity with written notice of the material breach.

At its discretion, Business Associate may terminate this Agreement if Covered Entity has not cured the breach within thirty (30) calendar days of receiving written notice from Business Associate.

4.3 Return or Destruction of PHI.

a. Upon termination of this Agreement for any reason, Business Associate shall return or, at Covered Entity’s request, destroy all PHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity that Business Associate still maintains in any form. If Business Associate destroys the PHI, Business Associate shall certify in writing to Covered Entity that such PHI has been destroyed. This provision applies to PHI that is in the possession of agents or subcontractors of Business Associate. Business Associate will retain no copies of the PHI except as required by law.

b. If Business Associate determines that returning or destroying the PHI is not feasible, Business Associate shall explain to Covered Entity why conditions make the return or destruction of the PHI not feasible. Business Associate will retain the PHI, subject to all of the protections of this Agreement, and limit further uses and disclosures of the PHI to those purposes that make the return or destruction of the PHI infeasible for so long as Business Associate maintains the PHI.

c. If Business Associate determines that it is infeasible to obtain from an agent or subcontractor any PHI in the possession of the agent or subcontractor or to destroy the PHI, Business Associate will provide Covered Entity written notification explaining why obtaining the PHI is infeasible. Business Associate will require the agent or subcontractor to extend the protections of this Agreement to the PHI and limit further uses and disclosures of the PHI to those purposes that make the return or destruction of the PHI infeasible for so long as the agent or subcontractor maintains the PHI.

4.4 Termination of Services Agreement. If this Agreement is terminated for any reason, Covered Entity also may terminate the Services Agreement between the Parties. This provision shall supersede any termination provision to the contrary which may be set forth in the Services Agreement.

5. MISCELLANEOUS

5.1 References to HIPAA. A reference in this Agreement to a Section in HIPAA means the Section as in effect or as amended.

5.2 Compliance with Laws. Business Associate will comply with all applicable Privacy and Security Regulations.

5.3 Changes in Law. If any modification to this Agreement is Required By Law or any other federal or state law affecting this Agreement, or if either Party reasonably concludes that an amendment to this Agreement is required because of a change in federal or state law or changing industry standards, the Party shall notify the other Party of such proposed modification(s) (“Legally-Required Modifications”). Such Legally Required Modifications shall be deemed accepted and this Agreement so amended, if the other Party does not, within thirty (30) calendar days following the date of the notice (or within such other time period as may be mandated by applicable state or federal law), deliver its written rejection of such Legally-Required Modifications.

5.4 Amendment. Except as permitted by Section 5.3, this Agreement shall not be amended, altered, or modified except by an instrument in writing duly executed by the Parties to this Agreement.

5.5 Waiver. No delay or failure of either Party to exercise any right or remedy available hereunder, at law or in equity, shall act as a waiver of such right or remedy, and any waiver shall not waive any subsequent right, obligation, or default. No modification of, addition to, or waiver of any right, obligation, or default shall be effective unless in writing and signed by the Party against whom the same is sought to be enforced.

5.6 Remuneration in Exchange for PHI. Business Associate will not directly or indirectly receive remuneration in exchange for any PHI of an Individual unless Covered Entity has received a valid authorization from the Individual or the exchange is otherwise permitted by law. As permitted by law, Covered Entity may provide remuneration to Business Associate for activities involving the exchange of PHI that Business Associate undertakes on behalf of and at the specific request of Covered Entity pursuant to an agreement.

5.7 Assignment. Business Associate may not assign this Agreement without the prior express written consent of Covered Entity.

5.8 Limitations on Benefits of this Agreement. Nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than Covered Entity, Business Associate, or their respective successors or assigns, any rights, remedies, obligations, or liabilities whatsoever.

5.9 Independent Contractors. The Parties are independent contractors and nothing in this Agreement shall be deemed to make them partners or joint venturers.

5.10 Notices. All notices must be in writing and addressed to the relevant Party at the addresses below, or to such other address such Party specifies in accordance with this Section. All notices must be personally delivered or sent prepaid by nationally-recognized courier or certified or registered mail, return receipt requested, or such other form of communication agreed upon between the Parties. Notice is effective upon receipt.

If to City:

City of Beaumont
550 E. 6th St.

Beaumont, California 92223
Attention: Elizabeth Gibbs
City Manager
Email: [email protected]

If to Care Solace:

Care Solace, Inc.
120 Birmingham Drive, Suite 200
Cardiff, CA 92007
Attention: Chad Castruita
Email: [email protected]

5.11 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions hereof shall continue in full force and effect.

5.12 Entire Agreement. This Agreement contains the entire agreement between the Parties hereto and shall supersede any other oral or written agreements, discussions, and understandings of every kind and nature, including any provision in any Services Agreement.

5.13 Interpretation. The provisions of this Agreement shall prevail over any provisions in the Services Agreement that may conflict or appear inconsistent with any provision in this Agreement. This Agreement and the Services Agreement shall be interpreted as broadly as necessary to implement and comply with the Privacy and Security Regulations and applicable state laws. The parties agree that any ambiguity in this Agreement shall be resolved in

favor of a meaning that complies and is consistent with the Privacy and Security Regulations, and applicable state laws

5.14 Counterparts. This Agreement may be executed in one or more counterparts, each of which will be considered an original, and all of which taken together will constitute one and the same instrument. Signature execution by facsimile or other electronic means will be considered binding.

5.15 Governing Law. This Agreement shall be governed by the laws of the State of California without respect to its conflict of law principles.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date above.

Care Solace, Inc. (“Care Solace”)

Printed Full Name: Anita Ward
Title: Chief Growth Officer

Signature: _____________________________

Date: ____________________

City of Beaumont ("City")

Printed Full Name: ___________________________

Title: ______________________________________

Signature: __________________________________

Date: ___________________

Proposal for Services City of Beaumont, CA June 2025

Executive Summary
Care Solace sincerely appreciates the opportunity to share its services with the city of Beaumont,

CA,

and

we

commit,

if

selected,

to

provide

exceptional

service

for

your

residents,

agencies,

and

departments.

Care

Solace

is

a

mental

health

care

coordination

service

on

a

mission

to

improve

access

to

care,

regardless

of

circumstances.

By

providing

a

tech-enabled

human

approach,

Care

Solace

ensures

that

individuals

receive

equitable

access

to

reliable,

ethical,

and

high-quality

mental

health

care,

regardless

of

coverage,

including

private

insurance,

EAP,

Medicaid,

and

sliding

scale

options

for

those

without

insurance.

This

enables

referred

individuals,

regardless

of

need

severity

or

type,

to

receive

a

rapid

connection

to

well-matched

care.

Care

Solace

provides

timely

connections

to

verified

mental

health

providers

and

city

social

services,

expands

on

existing

programs,

and

bridges

the

gaps

for

needs

that

exceed

the

scope

of

those

services.

Serving

as

a

coordinated

point

of

entry

to

mental

health

and

social

services,

Care

Solace

supports

the

entire

city

ecosystem

from

first

responders

to

crisis

centers,

to

social

workers,

to

courts

and

jails,

to

all

residents.

Our Approach to Mental Health
Anyone. Anywhere. Anytime. We coordinate access to licensed, behavioral

health

care

providers

and

social

services.

We

serve

as

a

Central

Hub

of

Care

across

all

social

determinants

of

health.

| caresolace.org
2

General Scope
Care Solace will continue to deliver services to city residents, departments and agencies through

the

following:

Care Companions provide care coordination for city residents, departments and agencies.

Care

Companions

assess

the

situation,

find

appropriate

providers,

secure

an

appointment,

and

follow

through

on

care.

Care Match is our online tool for self-guided care navigation. This portal/software supports self-guided

access

to

the

Care

Solace

provider

network.

This

is

an

anonymous

search

tool

that

offers

the

same

providers'

search

capabilities

to

all

city

residents

and

agencies

and

their

families.

The

link

to

this

software

will

be

co-branded

with

the

city’s

logo

and

can

be

made

available

to

residents

and

agencies

on

any

website

or

benefit

platform.

Care Solace Provider Database offers city residents and agencies access to more than 673,000

verified

mental

health

providers,

including

those

offering

advanced

pathways

to

care.

Providers

are

geo-coded

so

an

individual

can

select

a

local

provider

for

in-person

sessions

if

that

is

their

preference.

Selection

filters

also

include

language,

ethnicity,

age,

specialization,

and

more.

Social Services database offers individual access to social services to support all of the social

determinants

of

health.

Care Solace will help the city support the mental health needs of its residents and agencies by offering all residents

access

to

care

coordination,

by

aggregating

mental

health

and

social

services,

and

by

coordinating

that

access

through

a

single

portal

or

call

to

a

Care

Companion.

Partnering

with

Care

Solace

will

enable

the

city

to

further

its

efforts

to

prioritize

the

mental

health

needs

of

its

residents,

irrespective

of

insurance

and

ability

to

pay.

Care

Solace’s

care

coordination

services

will

also

help

bridge

the

gap

to

behavioral

health

services

for

individuals

in

even

the

most

vulnerable

communities.

| caresolace.org
3

Care Solace will amplify the city’s current initiatives and services while filling gaps and offering insights. All services

are

confidential

and

accessible

24 hours

per

day,

7 days

per

week,

365

days

per

year,

and

can

be

accessed

via

phone

or

internet

and

do

not

require

any

special

equipment

or

access

speed.

Care Companions provide empathetic, personal support that lowers stigma and expedites connection to well-matched

care.

The

team

is

available

by

phone,

email,

video

chat,

or

text

24 hours

per

day,

7 days

per

week,

365

days

per

year,

and

can

coordinate

care

in

over

200

languages.

Care

Companions

are

dedicated

advocates,

helping

people

looking

for

treatment

every

step

of

the

way,

finding

providers

based

on

needs,

making

calls

to

confirm

availability

and

specialties,

scheduling

appointments,

following

up

to

see

if

appointments

are

attended,

and

if

Care

Solace

and

provider

services

have

met

expectations.

If

not,

they

will

assist

in

locating

additional

providers.

Care Companions will research options based on language, treatment modalities, preferences for cultural identity,

religious

background,

gender

of

a

therapist,

or

insurance:

free,

low-cost,

or

private

pay

options,

and

more.

Before

connecting

an

individual

with

a

resource,

the

Care

Companion

will

verify

that

the

provider

matches

the

needs

of

the

individual

and

will

confirm

the

provider

has

been

through

our

verification

process.

Care Companions are experienced in care coordination and empathetic customer service - supporting individuals

in

need

from

diverse

cultural

and

socioeconomic

backgrounds

-

and

navigating

the

mental

health

and

insurance

systems.

Each

Care

Companion

receives

150

hours

of

extensive

training

before

supporting

Care

Solace

users.

Their

initial

training

and

ongoing

professional

development

covers

topics

including:
| caresolace.org
4

mandated reporting; mental health and substance use awareness; pathways of care; cultural and LGBTQIA+ awareness;

nuances

of

mental

health

and

insurance

systems;

suicidal

ideation;

and

supporting

vulnerable

populations.

Care Companions will be available and work directly with city agencies, residents and families to connect them

with

mental

health

and

social

services

providers.

The

team

is

supervised

by

our

licensed

mental

health

team,

which

manages

complex

needs

and

escalated

cases.

Care Match is a self-service 24/7/365 online portal that provides an anonymous way for individuals to find care

matched

to

their

needs.

Care

Solace

will

create

and

operate

a

proprietary

custom

web

link

to

Care

Match,

branded

for

the

city,

allowing

authorized

users

access

to

our

robust

proprietary

database

of

mental

health

care

providers

serving

all

pathways

of

care.

From

any

cell

phone,

mobile

device,

or

computer,

any

individual

can

confidentially

search

Care

Solace’s

proprietary

database

in

any

language.

They

will

be

matched

to

verified

community

providers

based

on

their

needs

and

preferences,

including

mental

health

concern(s),

wait,

availability,

insurance

or

financial

needs,

type

of

preferred

treatment,

language,

or

other

preferences

for

care

such

as

proximity,

gender,

or

cultural

identity

of

a

therapist,

faith-based

services

or

LGBTQIA+

allied

services.

Pricing

| caresolace.org
5 Annual Term for the city of Beaumont
Population: 58,000 Annual term - 12 months - July 1, 2025 - June 30, 2026 Annual term - $45,000

Staff Report

TO: City Council
FROM: Kirk Pelser, Economic Development Director
Joseph Cale, Management Analyst
DATE: October 21, 2025
SUBJECT: Consideration of an Exclusive Right to Negotiate Agreement with Landmark Coffee Roasters & Slice Society Pizza + Wine Bar for the Redevelopment of 105 West 6th Street

Description: Presentation of an executed non-binding Exclusive Right to Negotiate Agreement (ERN) between the City of Beaumont and Landmark Coffee Roasters & Slice Society Pizza + Wine Bar for the proposed rehabilitation and lease of the City- owned property located at 105 West 6th Street, in support of downtown revitalization, small business expansion, and the City’s placemaking goals.

Background and Analysis:

The City of Beaumont owns a 1,281 square foot building, which was constructed in 1946 and is located on approximately 6,100 square feet of land at 105 West 6th Street.

The building formerly operated as a dry cleaner and has remained vacant in recent years. As part of the City’s broader downtown revitalization and economic development goals, this site was identified for activation through adaptive reuse.

In September 2025, the City received a proposal from Landmark Coffee Roasters, an existing Redlands-based coffee roastery, to expand its concept with a new dual-purpose venue — Landmark Coffee Roasters & Slice Society Pizza + Wine Bar. The concept envisions a hybrid use: a specialty coffeehouse during the day and a pizza and wine bar in the evening, with additional community programming such as live music, wine tastings, and workshops. The business plan proposes the redevelopment of 105 West 6th Street into a unique dining and cultural destination that complements the City’s downtown placemaking efforts.

To formalize the negotiation process, the City, through its legal counsel and consultant, has prepared a non-binding Exclusive Right to Negotiate Agreement with Landmark Coffee Roasters & Slice Society Pizza + Wine Bar (Attachment A). This agreement grants the company exclusive rights through June 30, 2026, to work with the City toward a mutually acceptable lease for the site.

Key components of the ERN include:

Exclusive Negotiation Period

 Establishes a defined timeline and exclusive rights for Landmark Coffee Roasters & Slice Society Pizza + Wine Bar to negotiate lease terms with the City.

Schedule of Performance

 The City has completed a Facility Condition Assessment (FCA) to determine needed repairs and upgrades.
 Landmark Coffee Roasters & Slice Society Pizza + Wine Bar will provide Tenant Improvement Plans and final financing details.
 Lease terms will be negotiated in good faith, with final agreement subject to City Council approval.

Scope and Intent

 The goal is to establish a lease not to exceed fifteen (15) years, structured to comply with Surplus Land Act exemptions and avoid triggering prevailing wage obligations on private improvements.

City Support

 The City may provide building improvements necessary for code compliance and habitability. Any financial participation by the City will be brought back to Council for separate review and approval, if applicable.

The execution of this ERN is a non-binding step that provides a framework for further due diligence, community benefit evaluation, and detailed lease negotiation.

Fiscal Impact:

There is no immediate fiscal impact resulting from the approval of the Exclusive Right to Negotiate Agreement. Any future City investment in building rehabilitation or tenant- related improvements will be evaluated as part of a future staff recommendation during the lease approval process. Staff will return to the City Council with the completed Facility Condition Assessment findings and any proposed funding recommendations prior to execution of a final lease.

The estimated cost to prepare this report is $550, which includes legal review.

Recommended Action:

Authorize the City Manager to execute the Exclusive Right to Negotiate Agreement between the City of Beaumont and Landmark Coffee Roasters & Slice Society Pizza + Wine Bar for 105 West 6th Street and provide any additional direction as necessary.

Attachments:

A. Business Plan Concept
B. ERN

Business Plan – Landmark Coffee Roasters & Slice Society Pizza + Wine Bar Executive Summary Landmark Coffee Roasters will transform into a dual-purpose venue that transitions seamlessly from a bustling specialty coffee shop during the day into a vibey pizza and wine bar at night. Located in Beaumont, CA — a growing, family-oriented community — our concept offers locals and visitors a gathering place with artisanal coffee, craft pizzas, curated wines, and live music nights. This unique hybrid model maximizes revenue by serving two overlapping but distinct markets in a single space. Business Concept Daytime Concept: Coffee Shop • Operating Hours: 7:00 AM – 3:00 PM • Offerings: o House-roasted specialty coffee and espresso drinks o Fresh pastries, breakfast sandwiches, and light lunch options o Grab-and-go cold brew growlers, beans, and merch • Vibe: Cozy and inviting with plenty of natural light, Wi-Fi, and space for remote workers, students, and casual meetups. Nighttime Concept: Pizza & Wine Bar • Operating Hours: 4:00 PM – 10:00 PM (Fri–Sat until 11:00 PM) • Offerings: o Wood-fired artisan pizzas with seasonal, locally sourced toppings o Curated wine list featuring California vineyards, natural wines, and wine flights o Charcuterie boards and small plates o Rotating dessert specials (e.g., affogato using house espresso) • Vibe: Dimmer, ambient lighting, live acoustic music or vinyl nights, a casual but elevated atmosphere for date nights, friends’ gatherings, and community events. Market Analysis Target Audience

1. Morning Customers: Commuters, parents after school drop-off, remote workers, and coffee enthusiasts seeking high-quality espresso and a welcoming space. 2. Evening Customers: Young professionals, couples, wine lovers, and friend groups looking for a casual but upscale dining and socializing spot. Location Advantage Beaumont’s population has been rapidly growing, with demand for quality dining and social venues. Few establishments offer both a true coffeehouse experience and a stylish evening concept — giving Landmark a first-mover advantage. Competitive Landscape • Coffee Competitors: Starbucks, Dutch Bros, and local cafes — but none roast on-site or provide evening dining. • Dining Competitors: Chain pizzerias and casual restaurants — but limited upscale wine-forward options. Menu & Beverage Program Daytime Evening Espresso & coffee drinks Wine by the glass & bottle Breakfast sandwiches & pastries Wood-fired pizzas Seasonal lattes & cold brews Charcuterie & small plates Grab-and-go lunch options Craft desserts & coffee cocktails Operations Plan • Staffing: o Baristas (AM), Bartenders/Servers (PM), Kitchen staff trained for both light café menu and pizza service. • Seating: o Flexible layout: café tables for daytime laptop users, convertible communal tables and bar seating for night service. • Technology: o POS system that handles day/night menus, inventory tracking, and online ordering. • Suppliers: o Local farms for produce, California wineries for direct-to-venue wine deals, and local bakeries for pastry partnerships.

Branding & Experience • Interior Design: Industrial-chic aesthetic with warm wood, exposed brick, cozy booths, and pendant lighting that can dim at night. • Community Events: Open mic nights, wine tastings, pizza-making workshops, latte art throwdowns. • Social Media Presence: Instagram-forward branding showcasing drinks, food, and community vibes. Financial Plan • Revenue Streams: o Daytime coffee + breakfast/lunch sales o Nighttime pizza, wine, and event revenue o Packaged coffee bean retail + merch • Projected Monthly Revenue Mix: o Coffee Shop (Day): 45% o Pizza & Wine (Night): 50% o Retail & Events: 5% • Startup Costs (Estimates): o Renovation & décor: $80K o Wood-fired pizza oven & kitchen upgrades: $35K o Coffee roasting equipment: $40K o Furniture, POS, and lighting: $25K o Licenses & permits (ABC license for wine): $10K Marketing Strategy • Grand Opening: Weekend launch party with free tastings and live music. • Loyalty Program: Points for coffee purchases redeemable for wine flights or pizzas. • Local Partnerships: Collaboration with wineries, breweries, and food influencers. • Community Involvement: Sponsor local events, partner with schools and nonprofits.

Exclusive Right to Negotiate Agreement

Parties and Effective Date

This Exclusive Right to Negotiate Agreement ("Agreement") is made this 23rd day of September 2025, by and between the City of Beaumont, a municipal corporation ("City"), and LANDMARK COFFEE ROASTERS LLC , a California limited liability company ("Tenant"). For purposes of this Agreement, City’s principal address is 550 E. 6th Street, Beaumont, California, 92223. Tenant’s principal address is 404 E Redlands Blvd, Redlands, California, 92372.

Recitals

 The Tenant is a California business operating under the brand LANDMARK COFFEE ROASTERS LLC, with plans to expand its concept into a dual -purpose venue branded as Landmark Coffee Roasters & Slice Society Pizza + Wine Bar.

 Tenant proposes to establish this hybrid concept in Beaumont, offering a specialty coffeehouse during the day and a pizza and wine bar during the evening. The coffeehouse will feature house -roasted coffee, espresso beverages, and light breakfast and lunch options, while the evening service will feature wood -fired artisan pizzas, curated wines, and small plates. Community programming will include live music, wine tastings, and pizza-making workshops.

 The City of Beaumont (“City”) owns approximately 6,100 square feet of land located at 105 West 6th Street developed with an approximately 1,281 square foot building ("Site") constructed in 1946 and last hosting a dry cleaner.

 The City proposes to lease the Site for economic development purposes, to create jobs, produce municipal revenues, and provide new dining and community gathering opportunities for residents.

 Subject to the terms of this Agreement, City and Tenant desire to enter into a period of exclusive negotiations for development of the Site as a specialty coffee, pizza , and wine establishment in accordance with the Beaumont Municipal Code.

 Tenant represents and warrants to City that it has the expertise and financial capacity to lease the Site and develop the Project as generally described in this Agreement.

Scope of Negotiations

The City and Tenant acknowledge that the goal of the negotiations is to prepare a Lease Agreement acceptable to both parties that will then be submitted to the City Council. The City encourages development of the Site into a quality commercia l project that will increase tax revenues, create job opportunities, and provide goods and services currently

lacking in the community. Tenant proposes to create a day -to-night dual concept: a specialty coffee roastery and café in the morning and a pizza and wine bar in the evening, with additional community engagement such as open mic nights, wine education events, and art showcases.

The Lease negotiations will include:

 Tenant obligations to prepare plans for tenant improvements, furnishings, fixtures, and equipment necessary for operation; secure financing for such improvements and working capital; and submit financial disclosures if requested.

 City obligations to review facility conditions, prepare an assessment of required base improvements, finance and complete such improvements if deemed reasonable, and coordinate environmental review and entitlement processing.

 A lease term not to exceed fifteen (15) years inclusive of any renewals, consistent with Surplus Land Act exemptions.

Environmental Review and CEQA Compliance

Any environmental review, analysis, or documentation necessary to adequately assess the environmental effects of the proposed Project in accordance with the California Environmental Quality Act (CEQA) shall be prepared at the directi on of the City by persons or entities selected solely by the City. The City shall pay for all third -party costs associated therewith. Based upon the character of the proposed Project, the City does not expect significant environmental impacts; however, this determination shall be confirmed through the review process.

Project Financing

The City has completed the Facility Conditions Assessment to determine the scope of improvements required to satisfy applicable building codes and deliver a functional and safe facility ready for Tenant’s operational improvements. A copy of this assessment has been provided to the Tenant for reference and transparency. Based upon this completed assessment, the City anticipates it will prepare plans, solicit bids, finance, and complete construction in accordance with terms to be negotiated. The City reserves the right to terminate negotiations if it determines in its sole discretion that the cost of repairs is excessive or unreasonable.

Tenant shall prepare plans for tenant im provements, furnishings, fixtures, and equipment (FFE), and arrange for financing of its obligations. Tenant shall disclose the proposed financing in writing to City and submit documentation if requested. The City may provide financing for some or all of this work in accordance with existing programs.

Confidentiality and Financial Disclosures

The Tenant acknowledges that it may be requested to provide confidential financial disclosures to the City as part of due diligence. The City agrees to maintain confidentiality of such information to the maximum extent permitted by law, including protections afforded under Government Code Section 6254.15, and shall not release such records without Tenant’s written consent or unless compelled by court order.

Termination

Either party may terminate this Agreement, with or without cause, by providing the other party with at least thirty (30) days' prior written notice of termination. Additionally, this Agreement shall terminate upon the earliest to occur of the following:

 On June 30th, 2026, unless mutually extended by the City Manager and Tenant up to ninety (90) days; or

At such time as a Lease, acceptable in form and content to both the City and Tenant, is approved by the City Council of the City of Beaumont.

Limitation on Remedies

City and Tenant acknowledge that their exclusive remedy for breach of this Agreement is termination without cost, expense, or liability to either Party. Each Party waives rights to monetary damages or equitable relief for such breach, and expressly waives the protections of California Civil Code Section 1542 with respect to unknown claims.

Solicitation and Conflicts of Interest

Tenant warrants that it has not paid or agreed to pay any fee or commission to secure this Agreement, other than to a bona fide employee or licensed broker. For any breach of this warranty, the City may rescind this Agreement without liability. No City officer or employee shall have any direct or indirect interest in this Agreement during their service with the City.

Parties to Lease

For the purposes of this Agreement, the Tenant shall be LANDMARK COFFEE ROASTERS LLC.

Attorneys’ Fees

In the event that either Party brings any legal action to interpret or enforce any provision of this Agreement, the prevailing Party shall be entitled to recover its costs of litigation and

reasonable attorneys’ fees, including costs and fees incurred on appeal and in enfo rcing any judgment.

Governing Law; Jurisdiction and Venue

This Agreement shall be interpreted and enforced in accordance with the laws of the State of California, without regard to conflicts of law provisions. Any action brought concerning this Agreement shall be filed in the appropriate court in Riverside County, California.

Tenant expressly waives provisions of law providing for a change of venue due to the City’s involvement and waives any right to transfer to federal court based on diversity of citizenship or federal questions.

No Third-Party Beneficiaries

City and Tenant expressly acknowledge and agree that this Agreement is not intended to benefit any third parties, including brokers or other intermediaries. No person or entity that is not a signatory to this Agreement shall have any rights or causes of action arising from or related to this Agreement.

Counterparts

This Agreement may be executed in two or more counterpart originals, each of which shall be deemed an original, but all of which together shall constitute the same instrument.

Exhibits

 Exhibit A: Site Map of 105 West 6th Street, Beaumont, California, depicting the boundaries of the Site and any associated improvements.

 Exhibit B : Facility Conditions Assessment Report (Summary), outlining the completed evaluation of the building’s condition, required code upgrades, and recommended base improvements.

Signatures

(See following signature page)

Signature Page to Exclusive Right to Negotiate Agreement

(Signature Page to Exclusive Right to Negotiate Agreement — City of Beaumont and

LANDMARK COFFEE ROASTERS LLC)

CITY OF BEAUMONT

By: ________________________________

Name: ______________________________

Title: _______________________________

Date: _______________________________

TENANT: LANDMARK COFFEE ROASTERS LLC

By: ________________________________

Name: ______________________________

Title: _______________________________

Date: _______________________________

APPROVED AS TO FORM:

By: ________________________________

Name: ______________________________

Title: City Attorney

Date: _______________________________

Exhibit A to Exclusive Right to Negotiate Agreement

Exhibit B to Exclusive Right to Negotiate Agreement

Staff Report

TO: City Council
FROM: Steven Jones, Community Development Director
Darron Usher, Principal Management Analyst
DATE: November 4, 2025
SUBJECT: Proposed Revisions to the Beaumont Municipal Code - Billboards

Description: This discussion item is to explore the opportunity to revise Chapter

17.07.030 Basic Policies regarding billboards to allow for the potential to generate revenue from the development of billboards and to develop billboards at new locations to incentivize development within the city.

Background and Analysis:

The City of Beaumont currently restricts the development of new billboards, including electronic signage, and requires ownership of existing structures to relocate or convert static billboards to electronic. This limitation has been raised by developers, businesses, and community stakeholders as a missed opportunity for economic development and potential revenue generation.

Given Beaumont’s location along Interstate 10, the City has valuable freeway frontage that remains underutilized due to current code restrictions. Certain segments of the freeway corridor contain multiple static boards, resulting in visual clutter and a perception of over-saturation. Similar conditions exist throughout the City’s core areas, where some billboards were established without proper land use approval or building permits. Updating the ordinance to reflect current industry standards could help reduce unpermitted structures, improve visual quality, and better align the City’s appearance with its economic and development goals.

Many cities throughout the Inland Empire regulate electronic billboards as a specialized sign type through their zoning and sign ordinances. These jurisdictions typically require a discretionary review process and development agreements to evaluate land use compatibility, visual impacts, and public safety considerations. Applications often include technical studies such as brightness and photometric analyses, visual simulations, and traffic safety evaluations. Local review processes are coordinated with Caltrans and the California Outdoor Advertising Act to ensure compliance for billboards located along state highways. Some cities have adopted overlay zones or other specific

standards to regulate location, size, message duration, dimming controls, and community benefit provisions such as public service messaging. Collectively, these practices balance economic opportunity with public safety and community character.

Options for Council Consideration
Staff is requesting Council direction on one of the following three options:

Option 1 – Establish an Overlay Zone

Create an Overlay Zone allowing new electronic billboards at designated locations primarily located near freeway entrances and exits, including the Beaumont Pointe area and other key development gateways along Interstate 10.

This option would:
 Encourage economic development by leveraging high-visibility freeway frontage for advertising opportunities.
 Provide potential revenue generation through lease or revenue-sharing agreements.
 Require strict spacing, height, brightness, and operational controls to protect community aesthetics and safety.
 Allow the City to limit the number and location of billboards to minimize visual clutter.

Option 2 – Maintain the Status Quo

Retain the current restrictions that prohibit new billboards and limit electronic conversions to property owners of existing structures.

This option would:
 Maintain current aesthetic conditions and visual character.  Avoid additional staff time and costs associated with ordinance updates and discretionary review processes.
 Continue existing limitations on potential revenue and development incentives.

Option 3 – Council Recommendations

Allow the City Council to provide additional direction or identify specific amendments to be included in a revised draft ordinance.

This option would:
 Provide flexibility for Council to tailor standards and locations to specific community priorities.
 Allow staff to return with a draft ordinance that incorporates Council’s input for future consideration.

Current Ordinance Updates – One-to-One Billboard Swap

As part of this discussion, staff recommends that Council revisit the existing provision within the Beaumont Municipal Code Chapter 17.07.030 Section G.2 that allows a 1-to- 1 swap of static to electronic billboards. Under the current model, converting one static billboard to one electronic display results in no reduction in the total number of billboard structures, thereby maintaining the existing visual saturation along the I-10 corridor.

To support visual improvement and reduce sign density, staff recommends that the City consider adopting a 4-to-1 swap ratio—requiring the removal of four static billboards for each new electronic billboard approved. This approach would align with modern industry practices, enhance corridor aesthetics, and reinforce the City’s goals of reducing clutter while promoting responsible economic development.

It is important to note that any new billboards constructed along the freeway must comply with CalTrans regulations, along with the California Outdoor Advertising Act, which is applicable to billboards placed within 660 feet from the edge of the right-of-way of an interstate or primary highway.

Fiscal Impact:

The estimated cost of preparing this staff report is $300.

The City may realize increased revenue through permitting fees, lease agreements, or revenue-sharing models. Exact fiscal impacts will depend on the number of billboards installed and negotiated agreements with developers.

Recommended Action:

Discuss the three options presented, provide direction to staff on the preferred approach, and consider revising the existing 1-to-1 billboard conversion ratio to a 4-to-1 model to support corridor beautification and balanced economic opportunity.

Attachments:

A. Current Ordinance – 1166 and 1167
B. Map of Current Billboards
C. Potential Billboards
D. Presentation

ORDINANCE NO. 1166

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BEAUMONT, CALIFORNIA,
AMENDING CHAPTER 8. 50 " OUTDOOR LIGHTING", OF THE BEAUMONT

MUNICIPAL CODE
WHEREAS, the City Council desiresto amendthe Signs section of the Beaumont Municipal Code to clarify languageand comply with current caselaw; and WHEREAS, the City hasproposedto amendChapter 17.07 "Signs" to establish consistent standards for noncommercial signage and electronic signs in the Beaumont Municipal Code; and
WHEREAS, duly noticedpublic hearingwasconductedon this matterasrequiredby law by the Planning Commission on September27, 2023; and WHEREAS, the Planning Commission recommendsthat the City Council approve the proposed amendmentsto the Municipal Code Chapters; and
WHEREAS, following thePlanningCommission'srecommendation, the City Council has approved the amendment to Chapter 17.07 " Signs" to establish consistent standards for noncommercial signage and electronic signs in the Beaumont Municipal Code; and WHEREAS, duly noticedpublic hearingwasconductedonthis matterasrequiredby law by the City Council on October 3, 2023; and
WHEREAS, the City Council of the City of Beaumont hasreviewed the reasonsfor the recommendation of approval by the Planning Commission as describedabove;

THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: The City Council hereby finds that the amendmentto Chapter 17.07 " Signs" to establish consistent sign standards in the Beaumont Municipal Code, is consistent with the adoptedpoliciesin theBeaumontMunicipal CodeandtheGeneralPlanof the City of Beaumont.

SECTION 2: The amendment of Chapter 17. 07 " Signs", attached hereto as Exhibit " A", is hereby approved.

SECTION 3: The City Council finds that the actions contemplatedby this Ordinance are exempt from the California Environmental Quality Act (" CEQA") pursuant to 15061( b)( 3), CEQA review is not required becausethere is no possibility that this Ordinance may have a significant effect upon the environment and the proposed amendments constitute a minor alteration in a land use limitation under CEQA Guidelines Section 15305, and such a land use limitation is a permissible exerciseof the City' s zoning powers..

SECTION 4: ThisOrdinanceshalltakeeffectthirty (30) daysafterits final passageandwithin fifteen (15) daysafterits passagetheCity Clerkshallcausea summaryto bepublishedin a newspaperof generalcirculation, printedandpublishedin theCity of Beaumont, in a manner prescribedby law for publishingof ordinancesof saidCity.

MOVEDANDPASSEDuponfirstreadingthis171hdayofOctober, 2023, bythefollowingroll call vote:

AYES: White, Voigt, Lara, Fenn, Martinez
NOES:

ABSTAIN:

ABSENT:

MOVED, PASSEDANDADOPTEDthis7hdayofNovember, 2023, uponsecondreadingby the following roll call vote:

AYES: White, Voigt, Lara, Fenn, Martinez
NOES:

ABSTAIN:

ABSENT:

Attest:

Nicole Wheelwright, uty City Clerk
Approved as to form:

Jo . Pinkne ity Attorney

TITLE 8 - HEALTH AND SAFETY
Chapter 8. 50 OUTDOOR LIGHTING
Chapter 8. 50 OUTDOOR LIGHTING

8. 50. 010 Purpose and intent.

It isthe purpose and intent of this Chapter to establish regulation and standards which will reducelight pollutiongeneratedby residential, commercialandindustriallightingfixturesand devices, minimize light pollution which hasa detrimental effect on the environment and the enjoymentof the nightsky, reduceandminimizelightingandlightingpracticeswhichcause unnecessaryillumination of adjacent properties, correct problems of glare and light trespass, and reduce energy use.

Ord. 1014, 5- 1-2012; Ord. No. 1054, § 1( Exh. A), 3- 17- 2015)

8. 50. 020 Definitions.

As used in this Chapter, the following words and phrasesshall have the meanings set forth below:

Glare" lightthat causesvisualdiscomfortor disability, or lossof visualperformance.

Lightfixture" meansacompletelightingunitconsistingof alampor lamps, the lamp holder, reflector, lens, diffuser, ballast and/ or other components and accessories, together with parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. Sometimes referred to as a "luminaire".

Lightpollution" meansanyartificial lightemitted into the atmosphere, either directlyor indirectlybyreflectionthatimpactsastronomicalresearchandtheenjoymentofthenightsky by reflectionoff of airbornedust, water vaporandother atmosphericparticulates.

Lighttrespass" meansanyartificial lightor glarefrom a light fixture onto neighboring property that interferes with viewing of the night sky, or eliminates the ability to have darkness on the adjacent property, or shines into neighboring windows, properties or structures.

Quantitativemeasurementof lighttrespassshallbemadewith astandardyardstickhavinga lengthof three feet anda width of 1.5 inches. Theyardstickshallbeplacedat the complainant's property line nearest the light source. The PlanningDirector or his or her designee shall then determineif a shadowiscastbythe lightsourceonto a plainwhite paper. Thelightsource, yardstick and shadow must be in alignment. Measurements shall not be taken when there is a moon in the night sky.

Nuisancelighting" meansandincludes, but isnot limitedto, glare, skyglow, light pollution and light trespass.

Shielded" a light fixture having a housing or optics that prevents a direct view of the light source from normal viewing angles. Typesof shielding include:

Beaumont, California, Code of Ordinances

Fullyshielded" a lightingfixture shieldedor constructedsothat light raysareonly emitted at anglesbelow a horizontal plane passingthrough the lowest point of the fixture from which it is emitted. Sometimes referred to as a "full -cutoff fixture; Shielded" a light fixture emitting less than two percent of its light above the horizontal plane;
iii. " Partly shielded" a light fixture emitting less than ten percent of its light above the horizontal plane. Sometimes referred to as a "semi -cutoff fixture; iv. " Unshielded" a light fixture that emits ten percent or more of its light above the horizontal plane.

Sky glow" the brightening of the night sky attributable to man- made sources of light Temporary lighting" lighting installed with temporary wiring and operated for lessthan 60 daysin anycalendaryear. Temporarylightingincludes "string lighting", which is any type of lighting and utilizes more than one lamp or bulb connected by a continuous wire and not exceeding 1.5 watts per bulb. Temporary lighting does not include flashing lamps or bulbs unless they are temporary holiday decorations.

Ord. 1014, 5- 1- 2012; Ord. No. 1054, § 1( Exh. A), 3- 17- 2015)

8.50. 030 Establishment of Lighting Zones.

There is hereby established three Lighting Zoneswithin the City of Beaumont for the purposeof regulatingandestablishingstandardsfor the reasonableuseof outdoor lighting, the area of which zones are defined on the basis of land use:

8.50.030.1 TheResidential Lighting Zone: shall consist of all areasof the City zoned exclusively for residential uses;

8.50.030.2 TheCommercialIndustrialLightingZone: shallconsistof all areasof the City zoned exclusively for commercial and industrial uses;

8.50.030. 3 The Special Use Lighting Zone: shall consist of specific land uses which require accurate color rendition, as more specifically provided for in Section 8.50.080, below.

Ord. 1014, 5- 1- 2012; Ord. No. 1054, § 1( Exh. A), 3- 17- 2015)

8.50.040 Prohibited lighting.

Thefollowinglightingsystemsareprohibitedin all LightingZones, exceptbyspecialevent permit or Conditional Use Permit: aerial lasers, " search light" style lights, mercury vapor lights, flashing lights (unlessthey are temporary " holiday decorations" as provided for in Section

8.50.050.3 below), low-pressuresodiumfixtures, lightingfixtures mountedin suchawayasto illuminateawall, buildingfacade, roof or awning, or aimedonlytowardsa propertyline, or whichinterfereswith the safeoperationof a motor vehicleasdeterminedbythe PoliceChiefor City Engineer, and billboard lighting that is pointed up.

Ord. 1014, 5- 1-2012; Ord. No. 1054, § 1( Exh. A), 3- 17- 2015)

8.50. 050 Exempt lighting.

The following outdoor lighting fixtures are exempt from this Chapter:

8.50.050. 1 Fossil fuel ( e.g., gas) lamps;

8. 50. 050. 2 Neon;

8.50. 050. 3 Temporary holiday decorations;

8.50.050. 4 Flag lighting of 150 watts or less;

8.50.050. 5 Emergency lighting;

8.50.050.6 Internally illuminated signsthat have dark backgrounds (opaque or colored) andlightlettering (whiteorcoloredlighterthanthebackground) soasto minimizeglare;

8.50.050.7 Motion detector lighting fixtures, provided (a) that there is no light trespass, (b) the fixtures are mounted within five feet of an entrance or exit door or alcove of a structure, (c) installed no more than eight feet above the ground, (d) illuminated with a maximum of two light bulbs of no more than 75 watts each, ( e) maximum time the light is on after being triggeredisten minutes, and (f) light cannotbetriggerfrom morethan 30feet away;

8.50.050.8Exposedstringoutdoorlighting, provided (a) thattheyconsistexclusivelyof a whitelightwithaclearbulb, and (b) the installationofsuchlightsshallbelimitedto the lighting of livinglandscapefeatures (shrubsandtrees) inoutsidediningareasorwithintheparking areasof a commercial center or plaza.

Ord. 1014, 5- 1-2012; Ord. No. 1054, § 1( Exh. A), 3- 17- 2015) 8:50.060 Lighting in the Residential Lighting Zone.

8.50.060. 1 Generally. All outdoor lighting fixtures shall be installed and operated in conformancewith this Chapter, andthe CaliforniaBuildingCode. Thefollowingstandardsare applicableto alloutdoorlightingwithin the ResidentialLightingZone.

8.50.060.2MaximumlumensandShielding. All outdoor lightingshallcomplywith the following lamp lumen limits and shielding requirements:

Fully shielded: 2, 250 lumens ( or equivalent) maximum; b. Shielded: 825 lumens ( or equivalent) maximum;
c. Partly shielded: None permitted;
Unshielded: Lowvoltage (24 voltsor less) landscapinglightingonly;

Prohibition against adjustable light fixture mounts: Outdoor lighting fixtures shall be permanently installed so as to maintain the shielding requirements, except that low voltagelandscapinglightingmayuseflexibleor adjustablemountingsystems.

8.50.060.3 HeightLimit. Lightsmountedon polesor structuresintendedprimarilyfor mounting lights shall not exceed a mounting height of 40 percent of the horizontal distance of the light pole from the property line, up to a maximum of 16feet high, whichever is lower; except that lighting attached to single family residencesshall not exceed the height of the roof eave.

8.50.060.4 TotalLampPowerLimit. Thissubsectionappliesto all outdoor lighting, whether attachedto a building, polesor other structures. Themaximumallowablelightinglimit per lot in the Residential Lighting Zone shall be determined by multiplying the area (square footage) of the lot by 0.03, the allowable lamp wattage per square foot of lot area.

8.50.060.5 NonconformingLighting. All outdoor lightfixturesexistingandlegallyinstalled prior to the effectivedateof this Chaptershallbedeemednon -conformingandareexempt from the requirementsof this Chapterexceptthat non -conforminglightingfixturesshallnot be structurally altered, reconstructed or replaced so as to extend their useful life. In the event that any non -conforming lighting fixture is structurally altered, reconstructed or replaced, such fixture shallbe madeto conformto the requirementsof this Chapter. Additionally, shouldit be determinedthat a non -conforminglight fixture resultsin lighttrespass, the PlanningDirector may require that the light be shielded, filtered, redirected, replaced with a less intense light source, removedor acombinationthereof, to eliminatelighttrespass. Alternatively, avariance may be applied for.

Ord. 1014, 5- 1- 2012; Ord. No. 1054, § 1( Exh. A), 3- 17- 2015)

8.50. 070 Lighting in the Commercial/ Industrial Zone.

8.50.070. 1 Generally. All outdoor lighting fixtures shall be installed and operated in conformancewith this Chapter, andthe UniformBuildingandElectricalCodes. Thefollowing standards are applicable to all outdoor lighting within the Commercial/ Industrial Zone:

8.50.070.2 Maximum Lumen and Shielding. All outdoor lighting shall comply with the following lamp lumen limits and shielding requirements:
a. Fully shielded: 60, 000 lumens ( or equivalent) maximum; b. Shielded: 1,500 lumens ( or equivalent) maximum;
Partly shielded: 825 lumens ( or equivalent) maximum;
d. Unshielded: Lowvoltage (24volts or less) landscapeandornamentallighting; e.

Prohibition against adjustable light fixture mounts: Outdoor lighting fixtures shall be permanently installed so as to maintain the shielding requirements, except that landscapeandornamentallightingmayuseflexibleor adjustablemountingsystems.

8.50.070.3HeightLimit. Lightsmountedonpolesorstructuresintendedprimarilyfor mounting lights shall not exceed a mounting height of 40 percent of the horizontal distance of the light pole from the property line, up to a maximum of 20 feet high, whichever is lower; except that lighting attached to single story building shall not exceed the height of the roof eave. Poles shall be appropriately scaled for small buildings and lots. Fixtures shall be in scale with the proposed height.

8.50.070.4 TotalLampPowerLimit. Thissubsectionappliesto all outdoor lighting, whether attachedto abuilding, polesorotherstructures. Themaximumallowablelightinglimit per parcelinthe Commercial/IndustrialZoneshallbedeterminedby multiplyingthe area (square footage) of the parcelby0.05, the allowablelampwattagepersquarefoot of parcelarea.

Project scale may require closer spacing and lower wattage.

8.50. 070. 5 Lighting Curfew. Outdoor lighting systems in the Commercial/ Industrial Zone shallbeturned off or reducedin lightingbyat least50percentbeginningat 10:00p.m. or close of business, whichever is later, until dawn or the start of business, whichever is sooner. The reductionshallbedeterminedasanoverallaverageforthe parcel. Whenpossible, thelighting systemshallbeturned off ratherthan reducedin lightinglevel. Lightingshallbeequippedwith controlsfor photocellon andtimer off. Exceptionsto the lightingcurfewareasfollows:
a.

When there is only one conforming lighting fixture for the parcel; or b. When a law or regulation requires lighting for steps and stairs; or c.

When, in the opinionof the PlanningDirector, reducedlightinglevelsat agiven location will causeunacceptable increased risk and design levels must be maintained.

8.50.070.6 NonconformingLighting. All outdoor light fixturesexistingandlegallyinstalled priorto the effectivedateof this Chaptershallbedeemednon -conformingandareexempt from the requirementsof this Chapterexceptthat non -conforminglightingfixturesshallnot be structurally altered, reconstructed or replaced so as to extend their useful life.

In the event that any non -conforming lighting fixture is structurally altered, reconstructed or replaced, such fixture shall be made to conform to the requirements of this Chapter.

Additionally, should it be determined that a non -conforming light fixture results in light trespass, the Planning Director may require that the light be shielded, filtered, redirected, replaced with a lessintense light source, removed or a combination thereof, to eliminate light trespass. Alternatively, a variance may be applied for.

8.50.070.7ElectronicBillboardLightningRequirements. Electronicbillboardoperating criteria:
a. Eachstaticmessageshallnot includeflashinglightsor the varyingof light intensity. b. Minimum DisplayTime. Eachmessageshall be displayed for a minimum of four (4) seconds.
c. Electronic billboards shall not operate at brightness levels of more than 0.3 foot- candles above ambient light, as measured using a foot- candle meter, at a pre-set distance asset forth under this section.

d. Pre-setdistancesto measurethefoot-candles' impactvarywiththeexpectedviewing distancesof eachsizesignandshallcomplywith the following:

NominalFaceSize Distanceto Pointof
Measurement
12' x 25' 150'
10' 6" x 36' 200'
14' x 48' 250'
e. Eachelectronic billboard shall have a light sensingdevice that will adjust the brightness as ambient light conditions change.
f. Eachelectronicbillboardshallbedesignedandrequiredto freezethedisplayinone (1) static position, display a full black screen, or turn off, in the event of a malfunction. g. Electronic billboards shall not be operated in such a fashion asto constitute a hazardto safeandefficientoperationof vehicleson streetsor freewaysandshallcomplywith all applicable local, state, and federal laws and regulations. h. Noelectronicbillboardshallinvolveanyredor blinkingor intermittentlightthat maybe mistaken for warning or danger signalsnor shall its illumination impair the vision of travelers on the adjacent freeway and for roadways.
i. Electronic billboards shall be operated and maintained in compliance with Businessand Professions Code Section 5403.

Ord. 1014, 5- 1-2012; Ord. 1029, 12- 18- 2012; Ord. No. 1054, § 1( Exh. A), 3- 17- 2015)

8. 50. 080 Special Use Zone.

8.50.080.1 Generally. The SpecialUseArea shall consist of specific land useswhere the use ofthe spaceor arearequirescolorsto berenderedasaccuratelyaspossible. Suchusesmay include, but are not limited to:

Automobile sales lots;
b. Outdoor recreation facilities (e.g. tennis courts, driving ranges, ball fields); Outdoor advertising displays;
d. Service stations;
e. Industrial areaswere higher pole heights are required to avoid interference with vehicle operations;

8. 50. 080. 2 Minor Plot Plan Required. A Minor Plot Plan (" MPP") for outdoor lighting in a SpecialUseAreashallbeappliedfor andobtainedfrom the PlanningDirector, uponwritten application therefore and the payment of an administrative fee. To obtain a MPP, applicants shall demonstrate that the proposed lighting installation:

Is not within the Residential Lighting Zone;
Utilizesfully -shielded, side shielded and internally -shielded light fixtures to the maximum extent practicable;
C.

Includes measuresto mitigate light trespass and artificial sky glow.

8.50.080. 3 Lighting Curfew. Outdoor lighting systems in the Commercial/ Industrial Zone shallbeturned off or reducedin lightingbyat least50 percentbeginningat 10:00p.m. or close of business, whichever is later, until dawn or the start of business, whichever is sooner. The reductionshallbedeterminedasanoverallaveragefortheparcel. Whenpossible, the lighting systemshallbeturned off ratherthan reducedin lightinglevel. Lightingshallbeequippedwith controls for photocell ' on and timer off.

Ord. 1014, 5- 1- 2012; Ord. No. 1054, § 1( Exh. A), 3- 17- 2015)

8.50. 085 Parks and trails lighting specifications.

8.50.085.1Generally. Thefollowing specificationsshallapplyto all publicandprivate sidewalks, pedestriantrails, bicyclepaths, andequestriantrails (collectively, "trails"), and public parks.

8.50. 085. 2 Trails. Overhead lighting shall be placed on poles not more than 16 feet in height, illuminating only the trail itself plus an additional area of not more than five feet in width on either sideof the trail, with atotal lamppowerlimit of 0.040watts persquarefoot.

8.50.085.3 Parks. Overhead lighting in parks shall be placed on poles not more than 16 feet in height, with a total lamp power limit of 0.020 watts per square foot; however solar/ LED lighting is preferred in parks and will be reviewed on a project basis.

8.50.085.4SharedPublicLighting. Wherestreet lightsoccuradjacentto parksand/or trails add an additional arm and light fixture to illuminate the adjacent park/trail area.

Ord. 1014, 5- 1- 2012; Ord. No. 1054, § 1( Exh. A), 3- 17- 2015)

8.50.090 Street lighting specifications.

8.50.090.1Generally. Thefollowing specificationsapplyto all street lightinginthe City, on all public and private roadways. The City has adopted the Southern California Edison (SCE) rate standards; scheduledratesLS-3 and LS-2. TheCitywill acceptthe optionof re-lamping. Thisrate schedule is for collector roads, arterial roads and highways. LS-3 is a metered system with a specialrate. It maybecombinedwith the sprinklercontroller meter pedestal, in mostcases.

The in -tract streetlights on residential roads will be LS-2, fed from the nearest Point of Contact with SCE. Thedeveloperof eachtract mapor parcelmapwill paythe Cityto installthe street lightingsystem. Thestreet lightingsystemwill bewholly -ownedandinstalledbythe City. The LS-3 systemsshallconsistof atwo-inchconduitfrom the SCEsourceto ameterpedestalto the lights per approved layouts. All work performed shall be by a LicensedElectricalContractor. All

inspectionsshallbebythe Cityof Beaumont. All newinstallationsof street lightsutilizing previously approved plans on collector roads shall utilize LEDtype luminaries; new installations in new tracts and collector roads shall be LEDtype luminaires and powered via solar power utilizing battery backup. These solar powered lights shall be referred to as " solar/ LED lights" herein.

8. 50. 090. 2 LED Fixture Standard. LED Luminaries to have rated life of 70, 000 hours, 5000k color, DarkSkyapproval, readily available replacement parts, and bird barrier spikes installed.

8.50.090.3 Solar/LEDAssembly. The specified and test brand is Sol Lighting, style 10/ 10 and 20/20 with top mount photovoltaic/ battery assembly. This assembly is to have an LED luminaire, solar panel( s), locking vented battery enclosure, articulating solar panel mount, maintenance - free 100Ah sealed gel cell battery( s) sized for three nights of operation without charging, anda systemcontrollercapableof dimmingLEDandregulatingbattery charge voltage. There shall be two standard types of these solar/ LEDassemblies; a 2057 lumen [ SOL#Z- 1-XF- 3- E-30- D- H- 2] and a 4169 lumen [ SOL# Z-1-TF- 3- E-74- D- H- 2] version. Both shall be designedto operatefor a minimumof three nightswithout chargingoncefully charged.

8.50.090.4 Poles. All poles will be round steel tapered poles with a bronze. On interior streets the builder can select the street light color or usethe basic City color The Type A is a 30- watt and will be installed on a 23-foot pole, with a six-foot arm upswept three feet for a luminaire mounting height of 26 feet. The Type C-1, C-2 and D is a 4169 lumen fixture and will bemountedon a 23-foot polewith a eightfoot armupsweptfive feet for a luminairemounting heightof 28feet. All armsareto be hot dippedgalvanizedsteelor aluminumwith a raincap.

Coloredarmsmaybe bakedpowdercoating. Polesmusthavea minimum80 milesper hour windfactorandsustaina 1.3 gustfactor. TheapprovedmanufacturerisValmont, Inc. All poles will beidentifiedonthe polelabelwith the letters "BMT" to signifythey are part of the Cityof Beaumont street lighting system. Type B pole is a specially approved custom pole and hasa specific luminaire.

8.50.090.5 PoleBases. All poles will have a 30-inch round or square in -ground basewith a depth of 48 inches from top of curb, and a minimum 42 inches of concrete base depth. There will be four one -inch anchor bolts 36 inches long with a four - inch turn. Washers will be installed above and below the one -inch pole -mounting flange. Anchor bolts, washers and nuts will all be hot dippedgalvanizedsteelper pole manufacturerspecifications. All polesareto be placed behind the curb with a center of pole measurement of 18 inches from the face of curb to the center of pole. In projects with a "rolled" curb or a "wedge" curb streetlights may be placed behind the sidewalk if necessary. Concrete for pole basesshall be a public works design mix with test strength of 3250 PSI.

8.50.090.6 Wiring to Pole. Where solar/ LEDstyle lights are not utilized, wiring to pole will betwo # 12 THWN stranded (one red and one black) ran down through pole, in one -inch schedule40 PVCunderground to an 11 inches wide by 17 inches long by 12-inch deep concrete handholewith concretecovermarked "street lights" behindthe sidewalkor nextto the pole, in the sidewalk. All pull boxes shall have locks for the covers. Install a #6 copper wire through the one -inch PVCand ground below the top washer on one of the pole flanges with one -inch

threadednuts. Inthesameboxprovidetwo FusetronGEB-II-IIfuseholderswithfiveamp250- volt midget fuses on the power conductors ( black and red). All fuse holders shall be taped with a 50 percent overlay, and a minimum of three layers. Two coatings of " scotch coat" shall be appliedto alltapedconnections, for waterproofing. At the luminaireleave12 inchesof slack wire as a service loop. All wire shall be copper.

8.50.090.7 TheMain Wiring. Where solar/LEDstyle lights are not utilized system shall be one -inchschedule40 PVCrun behindthe curb, or shallbetrenchedwith a minimumdepthof 18 inches, in the parkway and 24 inches under any street, or be four inches below four inchesof concrete. At all times there must be a one -inch separation between the installed conduit and the concreteaboveit. Onregularcurbinstallations, with cut out or depresseddriveway approaches, conduitsrun behindthe curbmustnot beinstalledin the approachpour. Concrete pull boxessized11inchesby 17 inchesby 12incheswill be placedbehindthe sidewalkat each poleandplacedin longrunsat a distanceof 300feet. Thesamepull boxeswill be usedfor street crossingsand branch wiring terminations. A pull box must be installed on at least one side of each street crossing, and all street crossingshall be run at a 90-degree angle with the mainflow of the street. All Mainwiring betweenthe street lights, andthe meterwill beone #8 THWNBlack, one #8THWNRed, andone #8THWNGreen. Midblocklightsarefedbyone #8 THWN Blue, and one #8 THWN Yellow, in the same conduit. All terminations and spliceswill haveepoxysealpacksinstalledon eachconnectionin the pull boxes. All terminationswill be madeupwith 3M brandBluewire nuts. Groundwiresdo not requireepoxysealpacks. Allwire shallbecopper. Whenwirenutsareusedinthe luminaireinstallationtheymustbesecurely taped. All wiring shallbe #8 to three or morepoles. Whenwiring underthe LS-2 systemwith two poles or lessthe wire shall be #12 to the hand holes and to the Point of Contact. Use approved fuse holders at Point of Contact with SCE.

8.50.090.8 TheCircuitryandVoltageDrop. Onthe wire, shallnot exceedfive percentto the lastlight on the run or in anycircumstance. The #8 THWNwire will havea breakerratedat 50ampsandbeatwo -poleratedbreaker. If alargenumberof lightsarefedoffonepedestal andit isnecessaryto runtwo radialcircuits, installasecond50-amptwo -polebreakerto feed the secondsetof lights. Themainswitchingof alllightswill bethe photocellat eachlight. Wire mustbeoversizedto allowforvoltagedrop, use #6THWNor #4THWNwhennecessary. Circuit designsareabout3,000plusfeet for #8 THWNwire, andmayextendto over4,000feet depending on connected load.

8.50.090.9 TheMeter Pedestal and Point of Contact. Where solar/ LEDstyle lights are not used, the meter pedestal will be an enclosed "traffic signal" type. It will be rated 120/240 - one phasethree -wire, and have four jaws. The minimum amperage will be 100. The maximum AIC ratingis 10,000AIC. If the numberof lightson onecircuit exceedsthe capacityof the breaker, addasecondone. Ifthenumberof lightsexceedsaloadof 100amps, usea200-ampmeter with the samespecifications. Themeter pedestalwill befed from the nearestSCEpull boxwith three- inch schedule 40 PVC, verify location with the area SCEplanner. If there is a landscape sprinklerclock, whichcontrolssolenoidsonly, noboosterpumps, it maybeaddedto the street light meter pedestal. Thissavesthe needfor two different meters. All meterpedestalsrequire

three one -inchPVC90-degreestub outsfor future wiring of lightingor sprinklertiming clocks.

The meter pedestal is only required with LS-3 street lights. Under LS-2 the Point of Contact is the nearest available SCEpower, a hand hole, transformer pad or other junction point. When requiredthe SCEmetercoordination, SCEServiceapplication, SCEfees, Cityof Beaumont electricalpermit andthe Cityof Beaumontserviceaccountsetupisthe responsibilityof the Contractor. The Point of Contact for the LS-2 street lights shall be interconnected with SCEwith two-inchschedule40 PVC, with 24-inchradiussweeps, 30inchesof cover, anda36-inchpull rope. Fusesshallbeinstalledin the Pointof Contactpull box, SCEwill provide #2 wire to the first hand hole. A %- inch copper -clad ground rod will be installed in the Point of Contact hand holeandthe #8 groundwire will clampedto the rod with a "football or acornstyle" ground clamp.

8.50.090. 10 Layout of Poles. Will be based on the following street width design:

A. 35-, 40- and 44 foot streets. These are Local/ Collector Streets, will be 30 watt luminaire. 30 watt will be used on interior streets of tracts at intersections, knuckles and culs- de- sac.

1. For RESIDENTIALstreets the only lights to be installed are at intersections, knuckles, culs- de- sac, or bends where other street lights are not visible. A midblock light shall permitted in areas in which the block is longer than 1,000 feet. A 2057 lumen fixture is to be installed on a Type A 23-foot pole with a mounting height of 26 feet. The arm is to be six feet long. When installed the minimum average foot- candles on the lanes of travel will not be less than . 37 foot- candles. The average divided by the minimum will be in a ratio of 6:1. The minimum foot- candles will be .06. Refer to pole standard 1, Type A. Additional lighting may be permitted per Section 8.50.090.11 for pedestrian conflict areas suchasaround parks, schools and public meeting places.

2. For COMMERCIAL streets only 4169 lumen fixtures and poles can be used. The minimum average foot- candles on the lanes of travel will not be less than . 84 foot- candles. The average divided by the minimum will be in a ratio of 6:1. The minimum foot- candles will be .16. The maximum spacing will be 200 feet with stagger or straight spacing. See diagram 9.A.2 for photometric layouts. Refer to pole standard 3, Type C-1 or Type C-2.

3. For RURALstreets the only lights to be installed are at intersections, knuckles, culs-de-sac, bends, or other conflictareasasdeterminednecessarybythe Director of Planning. A 2057 lumen fixture is to be installed on a Type A 23-foot polewith a mountingheightof 26feet. Thearm isto besixfeet long. When installed the minimum average foot- candles on the lanes of travel will not be less than . 37 foot- candles. The average divided by the minimum will be in a ratio of 6:1. The minimum foot- candles will be .06. Seediagrams 9.A.1A for photometric layouts. Refer to pole standard 1, Type A.

B. 56- and 64foot streets. These are Divided Collector or Secondary Highways, will be 4169 lumens.

1. For RESIDENTIAL streets the minimum average foot- candles on the lanes of travel will not be lessthan .66 foot- candles. The average divided by the minimum will be in a ratio of 4: 1. The minimum foot- candles will be . 16. The maximum spacingwill be 200 feet with a straight or stagger spacing. Usea 4169 lumens luminaire. Refer to pole standard 3, Type C-1 or Type C-2.

2. For COMMERCIAL streets the minimum average foot- candles on the lanes of travel will not be lessthan 1.12 foot- candles. The average divided by the minimum will be in a ratio of 4: 1. The minimum foot- candles. will be .28. The maximum spacing will be 200 feet with a stagger or straight spacing. Use a 4169 lumens luminaire. Refer to pole standard 3, Type C-1 or Type C-2.

3. For RURALstreets the only lights to be installed are at intersections, knuckles, culs-de-sac, bends, or other conflict areasasdeterminednecessarybythe Director of Planning. When installed the minimum average foot - candies on the lanesof travelwill not be lessthan 1.12foot-candles. Theaveragedividedbythe minimum will be in a ratio of 4: 1. The minimum foot- candles will be . 28. Use a 4169 lumens luminaire. Refer to pole standard 3, Type C-1 or Type C-2.

C. 76foot and wider streets. These are Major or Arterial Highway or urban alternate streets, will be 4169 lumens luminaire.

1. For RESIDENTIAL streets the minimum average foot- candles on the lanes of travel will not be lessthan .84 foot- candles. The average divided by the minimum will be at a ratio of 3: 1. The minimum foot- candles will be . 28. The maximum spacingwill be 200 feet with a stagger or straight spacing. Usea 4169 lumen luminaire. Referto pole standard 3, Type C-1 or Type C-2.

2. For COMMERCIAL streets the minimum average foot- candles on the lanes of travel will not be lessthan 1.3 foot- candles. The averagedivided by the minimum will be at a ratio of 3: 1. The minimum foot- candles will be . 40. The maximum spacingwill be 180 feet with a stagger or straight spacing. Usea 4169 lumen luminaire. Refer to pole standard 3, Type C-1 or Type C-2.

3. If the street has a raised median, the preferred placement of the luminaries is doubled up on the poles mounted in the median. This is the most economical and best layout. This would be when a developer is responsible for the whole street width improvement.

4. If the street hasa painted median, the placement of the luminaries is on the sides of the streets, not in the painted median. This is when the developer is responsible for one- half the street improvement and the other half is a different developer' s responsibility.

5. For RURALstreets the only lights to be installed are at intersections, knuckles, culs-de-sac, bends, or other conflictareasasdeterminednecessarybythe Director of Planning. When installed the minimum average foot- candles on the lanesof travel will not be lessthan 1.3 foot-candles. Theaveragedividedbythe minimum will be at a ratio of 3:1. The minimum foot- candles will be .40. Use a 4169 lumen luminaire. Referto pole standard 3, Type C-1 or Type C-2.

8.50.090.11 Layout of Polesat Pedestrian ConflictAreasfor Residential Neighborhoods.

Will include but are not limited to intersections, marked crosswalks, cuts -de -sac, knuckles, areas around parks, schools, gang -style mailbox locations and public meeting places. Where Type A poles are required, the layout will be 26-foot poles with 2057 lumen luminaries spaced at 190 feet, straight or stagger spacing, with all mid -block lights installed. The minimum average foot- candlesare .37 foot- candles on all lanes of traffic. The average divided by the minimum will be at a ratio of 6: 1. The minimum foot- candles shall not be less than . 06 foot- candles. When requiredfoot candlescannotbe meetdueto wider streetsaTypeD (2057lumen) pole shallbe allowedwith a maximumspacingof 240feet with a staggeror straightspacing. Referto pole standard 2, Type D.

8.50. 090. 12 Special Decorative Fixtures. Will follow the same foot- candle requirements andmustbeseparatelycalculatedfor the properspacing. Dueto our darkskypolicy, the Cityof Beaumont Public Works Director or his or her designee must approve all substitutions to prevent any lighting above 90 degrees. All decorative shall be called Type B. All new decorative design projects, solar/ LED style lights shall be utilized.

8.50.090. 13 Placement at Intersections. The poles are to be installed at the back of curb radius, not ever in a radii of the corner. All poles shall be five feet from a driveway approach, fire hydrant, traffic light, crossing signals, or any street signageor safety marker.

8.50.090.14Locationof Poles. Polesareto be placedat or asnearaspossibleto property lines on all residential streets.

8.50. 090. 15 Substitutions. All specifications are subject to " or equal" substitutions, and must be approved in advance by the City of Beaumont Public Works Director or his or her designee.

8. 50. 090. 16 Street Light Curfew. All mid - block lights on 56-, 64- and 76- foot roads will be turned off by an electronic time clock at the meter pedestal, or via digital control in solar/ LED unit. The time clock will be rated 30 amps and have a 30-amp two -pole breaker installed to feed the time clock. The specified clock model is # ET104C Intermatic or equal. All lights will still have a photocell and the time clock will control the operation of the photocell. Two extra #8 wires will be pulled in these conduits ( 1-#8 THWN Blue, and 148 THWN Yellow). No deviation from the color code will EVER be allowed.

8. 50. 090. 17 The Street Types and Layout Requirements are as follows:

MINIMUM AVERAGE HORIZONTAL FOOT CANDLES
Types of Street I WidthofStreet rCommercial I Residential

Major or Arterial 76 Feet and Wider 1. 3 fc ( 3: 1) Ratio 0. 84 fc ( 3: 1) Ratio Highway or Urban
Alternate
Divided Collector 56 and 64 Feet 1. 2 fc ( 4: 1) Ratio 0. 66 fc ( 4: 1) Ratio Street or Secondary
Highway
Local and Collector 36, 40 and 44 Feet 0. 84 fc ( 6: 1) Ratio 0. 37 fc ( 6: 1) Ratio Streets
Note 1: Ratio is overall average foot- candles divided by the minimum foot- candles.

Note 2: Special layout on the Local and Collector Streets for residential applications. See #9 A. 1 and # 10 above for more information.

8.50.090. 18 Plans. All standards are subject to substitution of brand name for an approved equal. Thesespecifications are a guideline. Street improvement plans must be submitted to the Cityof BeaumontPublicWorksDepartment. Thelocation, aiming, fixture, pole, solar/LED assemblyandbasedetailto beshownononesetof drawingsfor eachstreet lightingproject.

The City's Application and inspections fees will be set by resolution. The plans shall not be approved until the review fee is paid and no inspection shall be scheduled before the inspection fees have been paid. Developer shall submit three full sets of plans for review and will be notified once review is complete.

8.50.090.19 Inspection. The developer shall provide the City inspector with an onsite signedsetof plansfor inspectionpurposes. All sitesshallhave "DigAlert" called48 hoursprior to excavation and encroachment permits from the City when necessary.

8.50.090. 20 Monthly O & M Charges. On all private street systemsthe City will charge the owner or Home Owners Association for the street lighting usage based on the SCELS-1rates.

Thesechargeswill be monthly and will include an energy charge, a service charge and a maintenance charge. No charges shall be levied on solar/ LED style lights.

Ord. 1014, 5- 1- 2012; Ord. No. 1054, § 1( Exh. A), 3- 17- 2015)

8. 50. 095 Diagrams and exhibits.

All diagrams and exhibits referenced in this Chapter shall be kept on file in the Office of the Director of Planning.

Ord. 1029, 12- 18- 2012; Ord. No. 1054, § 1( Exh. A), 3- 17- 2015)

8. 50. 100 Administration and enforcement.

8.50. 100. 1 Generally. The Planning Director or his or her designee shall administer and enforce the provisions of this Chapter. Any person who wishes to appeal any order, decision or

determination made by the Planning Director or his or her designee shall do so in accordance with this Chapter. Fromtime -to -time the PlanningDirectoror hisor her designeemay recommend, andthe CityCouncilmayadoptby resolution, asdeemednecessary, appropriate fees, rules and regulations to implement the provisions of this Chapter. Such rules and regulations shall havethe force of law and failure to comply shall be considered a violation of this Chapter. Suchrulesandregulationsshallbeimplementedwith the intent of minimizing light pollution, glare and trespass, and reducing energy use.

8.50.100.2 Lighting Plan. Outdoor lighting plans shall be submitted, accompanied by application, review and inspection fees, to the Planning Director or his or her designeefor all commercial, industrial, institutionalandresidentialdevelopmentfor review. ThePlanning Director or his or her designee shall determine whether the plans comply with the applicable provisions of this Chapter, and shall be approved if in compliance, except that applications for outdoor lighting in the SpecialUseZone may be subject to review and approval of a Conditional Use Permit by the Planning Commission.

8.50.100.3Appeal. An applicant may appeal the determination of the Planning Director or hisor herdesigneewithin 15daysto the PlanningCommission.. Theapplicantmayappealthe Planning Commission's decision to deny or conditionally -approve a CUPwithin 15 days thereafter to the City Council, and the City Council' s determination shall be final and conclusive for all proposes.

8.50.100.4 Variancefor Non -Conforming Lighting. In the event the Planning Director or his or her designee determines that a non -conforming lighting fixtures results in light trespass, the responsible party shall shield, filter, redirect or replace the light with a less intense light source, or remove the light to eliminate the light trespass. Corrective action shall be taken within ten daysafter the determination. ThePlanningDirectoror hisor her designeemaygrantadditional time ( not to exceed 90 days) to remedy the light trespass for hardship (" hardship" shall mean that there is a degree of difficulty in accessibility to the fixture, financial difficulty or cost of correctingthe lighttrespass). A variancemaybegrantedonly if the followingfindings supported by substantial evidence can be made:
a.

Therearespecialcircumstancesor conditionsapplyingto the land, buildingor outdoor light fixture( s) for which the variance is sought, which circumstances or conditions are peculiar to such land, building or outdoor light fixtures and do not generally apply to the land, buildings or outdoor light fixtures in the neighborhood; and
b. The granting of a variance will generally be in harmony with the intent of this Chapter andwill not beinjuriousto the neighborhoodor otherwisedetrimentalto the public welfare.

The Planning Director shall make a determination of the variance request and notify the applicant in writing of his/her decision. The Planning Director' s determination may be appealed by anypersonto the PlanningCommissionwithin 15daysof the decision. Alternatively, the

Planning Director may forward the request to the PlanningCommission becauseof the degree of light trespass, the cost of correction or other similar issues.

8.50.100.5 Violations and Penalties. It shall be unlawful for any person to install, erect, construct, operate, enlarge, alter, replace, move, improveor convertanyoutdoor lighting fixturesorstructure, orcausethesameto bedone, contraryto or inviolationofanyprovision of this Chapter.
a. Any person who violates the provisions of this Chapter shall first receive a correction noticeforthefirstviolationinanygivencalendaryear. Thenoticeshallspecifythe nature of the offense, the date of occurrence and the required correction. b. Inthe discretionof the EnforcementOfficer, anypersonviolatingthe provisionsof this Chapter shall be issued an Administrative Citation pursuant to Beaumont MunicipalCodeChapter1.17or shallbeguiltyof aninfractionpursuantto Beaumont Municipal Code Chapter 1.16. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Section 1.16.040.

Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor, punishable by a fine of $1,000.00, or six months in jail, or both.

Ord. 1014, 5- 1-2012; Ord. No. 1054, § 1( Exh. A), 3- 17- 2015)

ORDINANCE NO. 1167

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BEAUMONT, CALIFORNIA,
AMENDING CHAPTER 17. 07 " SIGNS", OF THE BEAUMONT MUNICIPAL CODE.

WHEREAS, the City Council desires to amend the Signs section of the Beaumont Municipal Code to clarify language and comply with current case law; and WHEREAS, the City has proposed to amend Chapter 17. 07 " Signs" to establish consistent standards for noncommercial signage and electronic signs in the Beaumont Municipal Code; and
WHEREAS, duly noticed public hearing was conducted on this matter as required by law by the Planning Commission on September 27, 2023; and WHEREAS, the Planning Commission recommends that the City Council approve the proposed amendments to the Municipal Code Chapters; and WHEREAS, following the Planning Commission' s recommendation, the City Council has approved the amendment to Chapter 17. 07 " Signs" to establish consistent standards for noncommercial signage and electronic signs in the Beaumont Municipal Code; and WHEREAS, duly noticed public hearing was conducted on this matter as required by law by the City Council on October 3, 2023; and
WHEREAS, the City Council of the City of Beaumont has reviewed the reasons for the recommendation of approval by the Planning Commission as described above;

THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: The City Council hereby finds that the amendment to Chapter 17. 07 " Signs" to establish consistent sign standards in the Beaumont Municipal Code, is consistent with the adopted policies in the Beaumont Municipal Code and the General Plan of the City of Beaumont.

SECTION 2: The amendment of Chapter 17. 07 " Signs", attached hereto as Exhibit " A", is hereby approved.

SECTION 3: The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act (" CEQA") pursuant to 15061( b)( 3), CEQA review is not required because there is no possibility that this Ordinance may have a significant effect upon the environment and the proposed amendments constitute a minor alteration in a land use limitation under CEQA Guidelines Section 15305, and such a land use limitation is a permissible exercise of the City' s zoning powers..

SECTION 4: This Ordinance shall take effect thirty ( 30) days after its final passage and within fifteen ( 15) days after its passage the City Clerk shall cause a summary to be published in a newspaper of general circulation, printed and published in the City of Beaumont, in a manner prescribed by law for publishing of ordinances of said City.

MOVED AND PASSED upon first reading this 171hday of October, 2023, by the following roll call vote:

AYES: White, Voigt, Lara, Fenn, Martinez
NOES:

ABSTAIN:

ABSENT:

MOVED, PASSED AND ADOPTED this 71hday of November, 2023, upon second reading by the following roll call vote:

AYES: White, Voigt, Lara, Fenn, Martinez
NOES:

ABSTAIN
ABSENT:

Attest:

Nico' e Wheelwright, De ty City Clerk
Approved as to form':

John O. Pinkney, City Attorney

1 Chapter 17.07 - SIGNS

17.07.010 - Purpose, needs, and goal interest served.

It is the purpose of this Chapter to make the City attractive to residents, visitors and commercial, industrial and professional businesses while maintaining economic stability and vitality through an attractive signing program.

A. Recognition of Needs; Goals. The City recognizes the need for signs as a means to identify businesses and other necessary and beneficial activities within the community. The City finds that signage is an important design element of the physical environment. Provisions consistent with the goals and objectives of the community are necessary to ensure that the special character and image that the community is striving for can be attained while serving business and other needs in the community. The City is striving to provide an economically stable and visually attractive community through high quality site planning, building designs, landscaping and signage. As a planned architectural feature, a sign can be pleasing and can harmonize with the physical character of its environment. Proper controls can achieve this goal and will make the City a more attractive place to live, work and shop.

B. Interests Served. The City enacts this Chapter to serve many important governmental, City and community interests, which include but are not limited to: community aesthetics and the promotion of the visual appeal of the City, promotion of economic activity, and the promotion of safety for motorists and pedestrians.

C. Authority. The City enacts this Chapter pursuant to the authority granted by the State Legislature and codified as Government Code section 65850, and federal laws, including such provisions requiring the display of specified signs or information.

17.07.020 - Objectives.

The objectives of this section chapter are:

1. To provide a reasonable system of controls for signs, to ensure the development of a high quality visual and functional environment;

2. To encourage signs which are well designed and pleasing in appearance;

3. To preclude potential traffic and safety hazards through good signing;

4. To regulate signs in a manner consistent with the General Plan;

5. To regulate signs in a manner consistent with the free speech rights guaranteed by the First Amendment to the United States Constitution and the liberty of speech and related provisions of the California Constitution; and

6. Recognize that commercial and residential areas within the City have different regulatory needs due to their inherent characteristics and may require different sign regulations based on the respective land uses, and that aesthetic impacts based on sign size, illumination, and placement may create a greater public nuisance in residential neighborhood areas than in commercial areas.

17.07.030 - Basic policies
The policies stated in this section apply to all signs within the regulatory scope of this Chapter, and to all provisions of this Chapter, notwithstanding any more specific provisions to the contrary.

A. Enforcement Authority. The Community Development Director is authorized and directed to enforce the provisions of this Chapter. The Director may designate one or more representatives of the department to implement the provisions of this Chapter.

B. Permits When Required. No sign may be constructed, mounted, or displayed in the City unless the same is duly permitted pursuant to this Chapter, or is exempt from permitting,

2 either pursuant to this Chapter or by other applicable law. In addition to the requirements of this Chapter, all signs constructed, mounted or displayed within the City must also satisfy all applicable safety codes (building, electrical, plumbing, grading, etc.) and all applicable requirements of other bodies of law.

C. Message Neutrality. It is the City's policy to regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs.

Notwithstanding the remaining sections in this Chapter, this Chapter shall in all instances be administered and enforced to be consistent with the law established by the Supreme Court in Reed v. Town of Gilbert (2015) 576 U.S. 155. The Director is authorized to grant administrative variances as necessary to ensure that this chapter is administered in a manner consistent with Reed v. Town of Gilbert. Furthermore, no enforcement of this Chapter shall occur without the Director’s review and approval that such enforcement would not be impermissibly content based and would be consistent with federal and state constitutions and laws.

D. Message Substitution Policy. Subject to the landowner's consent, any noncommercial message may be substituted, in whole or in part, for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or any favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel; it does not allow the substitution of an offsite commercial message in place of an onsite commercial message, and it does not affect the requirement that a sign structure or mounting device be properly permitted and maintained.

E. Regulatory Interpretations. All regulatory interpretations of this Chapter are to be exercised in light of the City's message neutrality policy and message substitution policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a "structure" as defined in the California Building Code, then the Director shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this Chapter.

F. Rules for Non-Communicative Aspects of Signs. All rules and regulations concerning the non-communicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process.

G. Billboard Policy.

1. Prohibition: The City Council 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

2. Relocated Billboards: Notwithstanding any other provision of this chapter, upon entry into a relocation agreement with the City in accordance with California Business and Professions Code Section 5412, the owner of an existing Billboard within the City may convert a static copy Billboard to an electronic Billboard, subject to approval of a permit application pursuant to Section 17.07.060 and

3 subject to the requirements of Chapter 8.50 (Outdoor Lighting) of the Beaumont Municipal Code. Such agreements may be approved by resolution of the City Council upon terms that are agreeable to the City, pursuant to administrative guidelines, as adopted by a City Council resolution. The execution of a relocation agreement shall not operate to change the status of any Billboard as a nonconforming use for the purpose of this code.

H. Mixed or Multiple Use Zones. In any zone where both residential and non-residential uses are allowed, whether such zones are now existing or created in the future, the signage rights and responsibilities applicable to any particular use shall be determined as follows:
residential uses shall be treated as if they were located in the residential zone where that type of use would be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process.

I. Owner's Consent. No sign may be displayed without the consent of the legal owner of the property on which the sign is constructed, mounted or displayed. For purposes of this policy, "owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property.

J. Legal Nature of Signage Rights and Duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this Chapter attach to and run with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases regarding signs (so long as they are not in conflict with this Chapter unless stricter than this Chapter), or the ownership of sign structures.

K. Preservation of Existing Rights and Duties. This Chapter does not abrogate or supersede any easements, covenants, or other existing agreements that are more restrictive than the provisions of this Chapter.

L. Sign Programs. 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 herein as to sign size, height, illumination, spacing, orientation or other non-communicative aspects of signs, but may not override or modify any of these basic policies unless stricter than these basic policies. All the provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted.

M. Severance. If any section, sentence, clause, phrase, word, portion or provision of this Chapter is held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this Chapter which can be given effect without the invalid portion. In adopting this Chapter, the City Council affirmatively declares that it would have approved and adopted this Chapter even without any portion, which may be held invalid or unenforceable.

17.07.040 - Categorization of signs.

For purposes of this Chapter, signs within the City shall be classified in one or more of the following categories:

A. Animated Sign. A sign designed to attract attention through movement or the semblance of movement of the whole or any part including, but not limited to, signs which swing, twirl, move back and forth or up and down; or signs which change color or shades of color or any other method or device which suggests movement.

B. Banner Sign. A fabric or fabric-like material on which an advertising message is painted or otherwise affixed.

4 C. Billboard Sign or Billboard. A permanent sign structure used for the display of offsite commercial messages, other than a directional sign, which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is located, or to which it is affixed. Commercial copy on any Billboard Sign may be replaced with noncommercial copy.

D. Commercial Sign. A sign displayed for the purpose of identifying a commercial message, or advertising a service, product, business or venture that is offered for trade or sale which can be located onsite or offsite.

E. Directional Sign, on-site. A sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs).

F. Electronic Message Center Sign. A sign with the capability of presenting variable advertising message displays by projecting an electronically controlled light pattern against a contrasting background and which can be programmed to change the message display periodically. An electronic message center is neither an animated sign nor a simulated motion sign.

G. Flag Sign. A device, generally made of fabric or flexible materials, (usually cloth, paper or plastic), which displays visual colors, images, or symbols, typically those of governments, religions, causes, organizations, or specific business activities.

H. Flashing Sign. Lighted signs which disappear and reappear at periodic intervals, or are intermittently on and off, and which are placed so as to attract vehicular traffic with emphasis on the recurrence of lights. This definition includes beacons, searchlights, and klieg lights only when they are used for commercial messages.

I. Freestanding Sign. A permanent sign anchored directly to the ground or supported by one or more posts, columns, or other vertical structures or supports, and not attached to or dependent for support from any building.

J. Identification Sign. A sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.

K. Identification Sign ( Residential). A freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.

L. Illuminated Sign. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

M. Monument Sign. A sign with an overall height of six (6) feet or less, standing directly on the ground or on a base where the supporting poles or structures, if any, are covered from public view.

N. Noncommercial Sign. A sign that is displayed for the purpose of identifying a noncommercial message. The sign does not do any of the following: ( 1) advertise a product, business or service for profit and/or a business purpose; or (2) relate solely to economic interests. Noncommercial signs are not considered either off-site or on-site signs.

O. Off-site Sign. A sign related in its subject matter to some premises or lot other than the premises or lot on which the sign is located.

P. On-site Sign. A sign related in its subject matter to the premises on which it is located, or to products, accommodations, services, or other activities on the premises.

Q. Pennant. A display device, usually triangular in shape and made of flexible materials, such as cloth, paper or plastic, used primarily to attract attention of passersby.

R. Permanent Sign. A stationary sign permanently attached to the ground or to a structure.

5 S. Pole or Pylon Sign. A sign with an overall height exceeding six (6) feet and supported by one or more poles or pylons attached directly into or upon the ground.

T. Portable Sign. A temporary sign designed and constructed so as to be easily moved. Such signs are usually not secured to a building or anchored to the ground. Common types include "A" frame signs, sandwich board signs, and sidewalk signs.

U. Poster Sign. Any sign attached to the ground in a manner approved by the building official, which may be visible from adjacent streets or highways.

V. Real Estate Sign. A temporary sign advertising that a property or structure is for sale, lease, rent or exchange. The advertising contained on a real estate sign shall be limited to the following information: (1) that the property is for sale, lease, rent or exchange by the owner or his or her agent; (2) the property is in escrow or there is an "open house"; (3) directions to the property; and (4) the owner's or agent's name, address and telephone number.

W. Revolving Sign. A sign or a portion thereof, which rotates or revolves.

X. Roof Sign. A sign supported by or attached to or projecting through the roof of a building or structure, or projecting above the eave line or parapet wall of the building or structure.

Y. Temporary Sign. A sign structure or device used for the display of messages or images, which is easily installed and removed and which is not intended or suitable for long-term or permanent display due the sign construction, materials, placement, or installation.

Temporary signs shall include noncommercial signs, real estate signs, yard or garage sale signs, construction signs, on-site temporary window signs displaying a commercial message, future tenant identification signs, commercial flags and banners for real estate sales and leasing, commercial flags on commercial, industrial, or agricultural properties, signs supported by and affixed to the ground by a wire frame or special event signs. Any sign not covered by this definition is a permanent sign and must comply with the applicable permanent sign regulations.

Z. Under Canopy Sign. A sign attached to the underside of a projecting canopy perpendicular to the building frontage, commonly used for identifying the land use at that location.

AA. Wall Sign. A sign which is in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane approximately parallel to the plane of the wall.

BB. Window Sign. A temporary sign painted, attached, glued or otherwise affixed to a window, which is easily visible from the exterior of the building.

17.07.050 - Definitions.

For purposes of this Chapter, the following words and phrases have the meanings stated in this section.

A. Administrator. Same as Director.

B. Advertise. Describe or draw attention to a product, service, or event in a public medium in order to promote sales or attendance.

C. Area of Sign. The area of a sign shall be calculated by multiplying the width by the length of the sign face. In the case of a two-sided sign, the area shall be computed as including only the largest single sign face. In the case of any cylindrical or spherical sign, the total area shall be computed on the total area of the surface of the sign.

D. Commercial Complex. Any group of three or more commercial uses on a parcel or combination of contiguous parcels which are generally served either by common access or common parking, or a large single commercial use occupying at least two and one-half acres with a minimum of 200 feet of street frontage.

6 E. Commercial message. A message displayed on a sign that primarily concerns business, commercial or economic interests, or which proposes an economic transaction.

Commercial messages may be onsite or offsite; however, the onsite/offsite distinction applies only to commercial messages.

F. Copy. Graphic content of a sign surface designed to allow the changing of copy through manual, mechanical, or electrical means.

G. Development. A building or buildings wherein two or more separate independently owned or operated establishments are located.

H. Director. The City's Community Development Director.

I. Establishment. Any non-residential use of land involving permanent structures or buildings.

J. Face of Building. The wall of a building, excluding any appurtenances, such as projecting fins, columns, pilasters, canopies, marquees, showcases of decorations, but including any required parapet wall.

K. Frontage. The length of a lot along a street or other principal public thoroughfare, but not including such length along an alley, railroad or freeway.

L. Frontage of the Parcel. On a lot with more than one frontage on a public street, the front footage of the parcel shall be determined by the measurement of the larger or largest frontage on a public street.

M. Height of a sign. The distance from the average ground level immediately surrounding the base of the sign to the top of its highest element, including any structural or architectural element. Landscape mounding shall not be used to artificially alter the height of a sign.

N. Industrial Complex. Any group of three or more industrial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or single industrial use occupying at least 100,000 square feet of floor area.

O. Landscaped Planter. An area specifically designated for plant materials that may be at, below or above grade.

P. Line of Sight. The point of visibility from the street to an object, e.g., sign. The longer the line of sight, the further the sign is visible from the street.

Q. Noncommercial message. A message or image displayed on a sign which concerns matters not included within the definition of commercial message. The onsite/offsite distinction applies only to commercial messages.

R. Office Complex. Any group of three or more office uses on a parcel or combination of parcels that are generally served either by common access or common parking.

S. Primary Street Frontage. The street frontage from which the majority of the pedestrian or vehicular traffic is drawn or toward which the building or buildings are oriented for primary visual impact. Each commercial complex or shopping center shall be allowed to designate only one primary street frontage subject to approval of the Planning Department. Where no single street frontage can be identified as the primary street frontage, or in cases of dispute as to which street frontage is the primary street frontage, the Planning Director shall designate the primary street frontage in conjunction with the review of proposed signs.

T. Relocated Billboard. An existing Billboard that is located in the City that is relocated through a City Council approved relocation agreement, including the replacement of a static Billboard face with an electronic message center. The relocated Billboard is not considered a new Billboard.

U. Secondary Street Frontage. A street frontage other than a primary street frontage.

V. Shopping Center. Same as commercial complex.

7 W. Sign. Any device, fixture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is to be viewed from any public street, road, highway, right-of-way or parking area. However, the following are not within the definition of "sign" for regulatory purposes of this Chapter:
a. Interior signs: Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, provided the building or enclosed structure is otherwise legal; b. Architectural features: Decorative or architectural features of buildings ( not including lettering, trademarks or moving parts);
c. Symbols embedded in architecture: Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal;
d. Personal appearance: Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, costumes (but not including commercial mascots);
e. Manufacturers' marks: Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale;
f. Fireworks, etc.: the legal use of fireworks, candles and artificial lighting not otherwise regulated by this Chapter;
g. Mass transit signage: Advertisements or banners mounted on trains or duly licensed mass transit vehicles that legally pass through the City; h. Certain insignia on vehicles and vessels: On street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, commercial and noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool ( not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel;
i. Gravestones or grave markers; and
j. News racks and newsstands.

X. Sign Structure. The supports, uprights, bracings, guy rods, cables and other structural framework of a sign or outdoor display.

Y. Uniform Sign Program. A detailed set of plans, specification and other information for signs in a commercial, industrial or office complex, a group of three or more businesses on a parcel or project site or for commercial recreation uses accompanied by drawings to scale as set forth in Section 17.07.060 C.

Z. Window Area. The total area of a window upon which signs, images or messages may be mounted. A group of window panes or panels can be considered one window if they are adjoining on the building face and are less than six inches apart.

17.07.060 - Administration, permits, and appeals.

A. Sign Permit Required. A sign permit shall be required prior to the placing, erecting, moving or reconstructing of any sign in the City, unless the subject sign is expressly exempted from the permit requirement by this Chapter or other applicable law. Signs requiring a permit shall comply with the provisions of this Chapter and all other applicable laws and ordinances.

8 B. Permit— Method of Application. An application for a sign permit shall be made on forms as prescribed by the Director. Such an application shall be filed with the Planning Department.

The application shall be accompanied by any fees or bonds as specified by City Council resolution.

C. Permit Application— Contents. A sign permit application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. Three copies of the plans, fully dimensioned, shall be filed with the application, including:

1. Plot plan, fully dimensioned, showing location of all buildings and improvements and the location of each proposed sign together with the location, size and height of all existing signs on the premises/site. The street frontage shall be clearly indicated on the plan.

2. Elevation plan, fully dimensioned, showing height and size of each proposed sign, colors, method of illumination and materials of construction, and if a wall sign, the exact location on the face of the building.

3. Structural and electrical plans, details and calculations prepared and signed by an engineer or architect registered in the State. Such details shall be required when the area of the sign exceeds five (5) square feet and the height of the sign exceeds six (6) feet.

4. A statement by the owner of the proposed sign as to whether the sign is to display commercial or noncommercial messages, or both, and whether the display face will be permanent, changeable, or a permanent structure with changeable elements. If the proposed sign is to be used to display commercial messages, then the applicant shall also state whether the message is to be onsite or offsite.

D. Purpose and Method of Review. The purpose of a permit is to ensure compliance with the provisions of this Chapter. After receipt of a complete sign application, the Director shall render a decision to approve, approve with modifications or conditions, or deny the sign request within 30 working days. Unless the applicant waives time, failure of the Director to issue a written decision within 30 working days shall constitute denial of the application.

Such a review shall ensure that any sign proposal is in conformance with this Chapter and is consistent with its intent and purpose. In the event that the application is approved with modifications or conditions, those requirements shall not be based upon the proposed message content, sign copy, or design of the visual display of the sign.

E. Appeals. All sign permit applications shall be initially reviewed by the Director. When the Director issues a decision on a sign permit application, or when the time for doing so has expired without a written decision, then the applicant or any concerned person may appeal first to the Planning Commission and then to the City Council. Appeal is effected by filing a written notice thereof with the City Clerk, and paying the applicable appeal fee as set by Resolution of the City Council. In each case, written notice of appeal must be filed with the City Clerk within ten days of when the decision was delivered or sent to applicant and all known concerned persons, or the last day on which a decision should have been timely rendered. In each case, the appellate body must conduct a hearing and consider evidence, and render a written decision within 30 days. In the cases of appeal to the Planning Commission and the City Council, the hearing must follow normal procedures for agenizing and giving public notice. Unless time is waived by the applicant, any permit or approval on which the City does not render a definite decision within the required time shall be deemed denied, and the time for appeal or filing judicial review shall commence on the last date on which the City could have issued a decision.

F. Judicial Review. Following final decision by the City Council, any concerned person may seek judicial review of the final decision on a sign permit application pursuant to California Code of Civil Procedure section 1094.8.

9 G. Multiple Sign Applications. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, the Director's written notice of determination shall specify the grounds for such denial.

H. Revocation or Cancellation. The Director shall revoke any approval upon refusal of the holder thereof to comply with the provisions of this Chapter and/or the terms or conditions of any permit, after written notice of noncompliance and at least 15 days opportunity to cure.

I. Permits Issued in Error. Any approval or permit issued in error may be summarily revoked at any time before substantial work in reliance upon the permit has been accomplished, by the City upon written notice to the holder of the reason for the revocation.

J. Interpretation of Provisions. Whenever the application of this Chapter is uncertain, the Director may refer the matter to the Planning Commission for determination. All interpretations are to be made in light of the Basic Policies section ( 17.07.030) of this Chapter.

K. Variances. Applications for a variance from the terms of this Chapter shall be reviewed by the Planning Commission according to the variance procedures set forth in the Zoning Ordinance; however, variances shall be considered without reference to the proposed content, copy, or message of the proposed sign (other than the onsite/offsite distinction for commercial messages).

L. Uniform Sign Program. All applications for approval of signs in a commercial, industrial or office complex, a group of three or more businesses on a parcel or project site or for commercial recreation uses shall be submitted in the form of Uniform Sign Program accompanied by plans as set forth in Section 17.07.060 C.

M. Motorists' Line of Sight. All sign locations shall be safe for traffic sight purposes. A sight distance study may be required with each monument or pylon sign being proposed in the Uniform Sign Program when located next to any right-of-way, sidewalk, driveway, or as designated by the Community Development Director.

N. Program Approval. All sign programs shall be filed and reviewed as provided in this Chapter. Such Uniform Sign Programs shall be developed in full compliance with the requirements of this Chapter. No sign shall be installed which does not conform to the approved Uniform Sign Program.

17.07.070 - General provisions.

A. Interpretation.

1. This chapter is not intended to, and does not, restrict speech on the basis of its content, viewpoint, or message.

2. Any classification of signs in this chapter that permits speech by reason of the type of sign, identity of the sign owner, or otherwise, shall also be interpreted to allow noncommercial messages on the sign.

3. No part of this chapter may be construed to favor commercial messages over noncommercial messages.

4. To the extent any provision of this chapter is ambiguous, the terms shall be interpreted not to regulate on the basis of the content of the message.

B. Signs Exempt from Sign Permits. Subject to the qualifications and conditions stated in this section, the following signs are exempt from the application, permit and fee requirements of this Chapter. However, the exemption from the sign permit requirement does not exempt the proposed sign from uniform code permitting on Title 15, including but not limited to building, electrical, plumbing and grading permits.

10 1. Permanent window signs not exceeding four ( 4) square feet and limited to business identification, hours of operation, address and emergency information only.

2. Commercial temporary signs used to direct persons to open houses and real estate sales as provided in Section 17.07.080.B(1).

3. Commercial temporary signs for construction or remodeling sites as provided in Section 17.07.080.B(4).

4. Commercial temporary signs for future tenant identification as provided in Section

17.07.080.B(5).

5. Directional signs, on-site, not to exceed three (3) square feet in sign area.

6. Residential building identification signs used to identify individual residences and not exceeding two (2) square feet.

7. Official and legal notices issued by the court, public body, person or officer in performance of his public duty or in giving any legal notice.

8. Directional, warning, identification, or informational signs or structures required or authorized by law or by federal, State, County or City authority.

9. Temporary Commercial flags on commercial, industrial, or agricultural properties as provided in Section 17.07.080.B(7).

10. Signs of public utility companies, indicating danger or which serve as an aid to public safety or which show location of underground facilities or public telephones.

11. Safety signs on construction sites.

12. Temporary Signs with noncommercial messages, except for special event signs as provided in Section 17.07.080.A.

13. On-site temporary window signs for any establishment displaying a commercial message in a commercial zone, and for commercial uses in industrial or industrial/business park zones when approved as part of a Uniform Sign Program as provided in Section 17.07.080.B(2).

14. Paper signs and similar signs which are rotated on a regular basis, shall have a fastening device for a more permanent look.

15. Temporary signs with a commercial message for garage or yard sale signs are allowed without permit as provided in Section 17.07.080.B(3).

16. Commercial flags and banners in conjunction with approved residential subdivision sales office or a commercial sales or leasing office, or an industrial sales or leasing office as provided in Section 17.07.80.B(6).

17. Signs on the public right-of way as provided in Section 17.07.090(E).

C. Prohibited Signs. The signs described in this subsection are prohibited, unless some other more specific provision in this Chapter or other applicable law makes them allowable, either by permit or exemption from the permit requirement.

1. Roof signs;

2. Flashing signs, except time and temperature signs;

3. Animated signs;

4. Revolving signs;

5. Portable signs;

6. Off-site commercial signs on permanent structures;

11 7. Signs blocking doors or fire escapes;

8. Light bulb strings and exposed tubing, except for temporary uses such as Christmas tree lots;

9. Banners, flags, pennants and balloons, except as allowed under subsection B above

10. Inflatable signs or signs designed to be air activated, floated or flown, including balloons used for commercial advertising purposes, kites or other serial signs that are made of any electrically conducive material;

11. Signs, posters and advertisements attached to utility poles;

12. Exposed raceways; and

13. Billboards, except for relocated Billboards. See 17.07.030(G).

D. Roof Signs. Roof signs may be used only in the event no other signing alternatives are available. Roof signs may be issued a permit by the Director if architecturally designed and built into the roof structure. Such design shall be compatible in design and materials with the building.

E. Signs Related to Inoperative Establishments. Signs promoting activities or establishments which are no longer in operation shall be removed from the premises or the sign copy shall be removed or obliterated within 45 days after the premises has been vacated or the use abandoned. Any such sign not removed within the specified time shall constitute a nuisance and shall be subject to removal under the provisions of this Chapter.

F. Enforcement, Penalties and Abatement.

1. Any violation of this Chapter shall be deemed to be a continuing violation until the violation has been corrected.

2. Violation of any of the provisions of this section shall constitute a nuisance and a Zoning ordinance violation.

3. Notwithstanding any other provision of this Chapter, the City Attorney, upon the direction of the City Council, may commence an action in a court of competent jurisdiction to obtain an injunction prohibiting the construction, erection, maintenance or display, or requiring the removal, of any sign that is in violation of any of the provisions of this section. In any such action, the City shall be entitled to recover its costs and its reasonable attorney's fees.

4. The owner or other person entitled to possession of a sign which is removed, stored and/or destroyed pursuant to any provision of this section shall be liable to the City for the cost of the removal, storage and/or destruction of the sign and the City may recover the same through an action commenced in a court of competent jurisdiction together with the City's court costs and reasonable attorney's fees.

5. Any illegal sign within the public right-of-way is found and declared to be a public nuisance, and such sign may be abated by the City as follows:

A. If the address of the owner or other person entitled to possession of the sign is known, notice of the City's intention to remove and destroy the sign, stating the date after which sign will be removed and destroyed, shall be mailed to the owner or other person entitled to possession by certified mail, return receipt requested at least ten days before the date. If the address of the owner or other person entitled to possession is not known, the notice shall be affixed in a conspicuous place on said sign at least ten days before the date. The notice shall also set forth the provisions of this section.

B. The owner or other person entitled to possession of the sign may, before the removal date stated in the notice, file a written request for hearing with

12 the Planning Department. The request shall identify the sign and its location, state the name and address of the owner or other person entitled to possession and set forth in detail the legal basis as to why the sign should not be removed and destroyed.

C. If a request for hearing is filed under subsection b, the Planning Commission shall hear the matter at a regularly scheduled meeting held not more than 30 days thereafter. After the hearing, the Planning Commission shall determine whether or not the sign is an illegal sign within the public right-of-way. The written decision of the Planning Commission shall be rendered within ten (10) days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter. Unless a notice of appeal is filed as provided for in this Chapter, the decision of the Planning Commission shall become final ten days after mailing.

D. The owner or other person entitled to possession may file a notice of appeal with the City Clerk within ten days after the date of mailing of the Planning Commission's decision. If a timely notice of appeal is filed, the matter shall be heard by the City Council at a regular meeting scheduled not more than 30 days thereafter. After hearing, the City Council shall determine whether or not the sign is an illegal sign within the public right- of-way. The written decision of the City Council shall be rendered within ten days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter.

The decision of the City Council becomes final ten days after mailing.

E. Unless the owner or other person entitled to possession of the sign, on or before the removal date stated in the notice described in this section, files a written request for hearing with the Planning Department, the City may, at any time after said date, remove and destroy the sign. If a written request for hearing is filed then upon any final decision of the Planning Commission or the City Council determining that the sign is an illegal sign within the public right-of-way, the City may remove and destroy the sign.

F. Notwithstanding any provision of this Chapter to the contrary, any illegal sign within the public right-of-way which constitutes a hazard to pedestrian or vehicular traffic may be removed immediately and stored by the City, at the expense of the owner, or other person entitled to possession, pending completion of the notification and hearing procedures set forth in this section.

G. Construction and Maintenance of Signs.

1. Every sign and all parts, portions, and materials shall be manufactured, assembled and erected in compliance with all applicable state, federal, and city laws and regulations, including but not limited to the permitting requirements contained in Title 15 relating to Buildings and Construction.

2. Every sign and all parts, portions and materials shall be maintained and kept in a first-class condition. The display surface of all signs shall be kept clean, neatly painted and free from rust, corrosion and graffiti. Any cracked, broken surfaces, malfunctioning lights, missing sign copy or other unmentioned or damaged portion of a sign shall be repaired or replaced within 30 days following notification by the City. Noncompliance with such a request will constitute a zoning violation and may be enforced as such by the city.

17.07.080 – Temporary Signs.

The following temporary signs are allowed:

13 A. Noncommercial Temporary Signs. Noncommercial temporary signs are not considered either on-site and off-site and are subject to the following regulations:

NONCOMMERCIAL TEMPORARY SIGNS
Sign Criteria Limitation
Signs in Residential Zones, Legal Residential Uses, Commercial or Industrial Zones, and on Legal Commercial or Industrial Uses on Land One-Half (1/2) Acre or Less Sign Quantity: Not Limited
Maximum Size of Any One Side
measured one side only):
10 square feet
Maximum Area of All Signs Combined: 20 square feet
Maximum Height: 6 feet
Placement: At least 5 feet from edge of curb or street
pavement if no curb exists and shall not obstruct
pedestrian traffic or line of sight for vehicle traffic Time limitations: Period not to exceed 60 days. Any time a temporary noncommercial sign is removed, it shall
not be replaced by the same or other temporary
sign for a period of not less than 90 consecutive
days.

Sign Permit Required: No
Signs in Commercial or Industrial Zones and on Legal Commercial or Industrial Uses on Land Over One-Half (1/2) Acre
Sign Quantity: Not limited
Maximum Size of Any One Side
measured one side only):
16 square feet
Maximum Area of All Signs Combined: 64 square feet
Maximum Height: 8 feet
Placement: At least 5 feet from edge of curb or street
pavement if no curb exists and shall not obstruct
pedestrian traffic or line of sight for vehicle traffic Time limitations: Period not to exceed 60 days. Any time a temporary noncommercial sign is removed, it shall
not be replaced by the same or other temporary
sign for a period of not less than 90 consecutive
days.

Sign Permit Required: No

14 B. Commercial Temporary Signs. Commercial temporary signs distinguish between on-site and off-site and are subject to the following regulations:

COMMERCIAL TEMPORARY SIGNS
Sign Criteria Limitation
1) Real Estate Signs for Sale, Lease, or Rent (Signs on Residential Properties) Sign Quantity: 1 sign per parcel or lot
Total Area Per Display Face: Not to exceed 8 square feet Total Display Faces: 2
Maximum Height: 5 feet
Setback from Property Line: At least 5 feet
Time Limitation: Shall be removed within 15 days of the sale, rental, or lease of the property
Sign Permit Required: No
2) Real Estate Signs for Sale, Lease, or Rent (Signs on Industrial, Commercial or Agricultural Properties)
Sign Quantity: 1 sign per street frontage (Exception: Where a property has in excess of 600 linear feet of
frontage, one (1) additional sign is permitted for
each 600 linear feet of street frontage)
Total Area Per Display Face: Not to exceed 32 square feet Maximum Height: 8 feet
Setback from Property Line: At least 10 feet
Time Limitation: Shall be removed within 15 days of the sale, rental, or lease of the property
Sign Permit Required: No
3) On-Site Temporary Window Signs Displaying a Commercial Message ( Commercial zone, and for Commercial Uses in Industrial or Industrial/ Business Park Zones When Approved as Part of a Uniform Sign Program)
Window Area: 30 percent (on multi-story buildings, only the windows on the first floor may be counted), but in
no event shall window signs exceed 150 square
feet per street frontage
Placement: First floor only on multi-story buildings

15 COMMERCIAL TEMPORARY SIGNS
Sign Criteria Limitation
Maximum Height: 20 feet in height above finished grade on one- story buildings
Time Limitation: 45 days
Sign Permit Required: No
4) Garage and Yard Sale Signs
Sign Quantity: 3
Maximum Size: 3 square feet
Placement: Placed on private property, and not in the public right-of-way or on utility poles
Time Limitation: Erected on the day of the event as permitted and removed at sunset of each such day.

Sign Permit Required: No
5) Construction Signs
Sign Quantity: 1 sign per project
Zone: Any district
Maximum Size: 32 square feet (unless a larger sign is required by another body of law, in which case the smallest
sign conforming to the law shall be used)
Maximum Height: 8 feet
Placement: Set back from the property line by at least 10 feet Time Limitation: Removed at the earliest of issuance of certificate of occupancy, certificate of completion, or final
inspection check off, or their functional equivalent
or upon abandonment of project.

Sign Permit Required: No
6) Future Tenant Identification Signs ( Parcels 10 Acres or Less) Sign Quantity: 1 per street frontage
Maximum Area: 32 square feet

16 COMMERCIAL TEMPORARY SIGNS
Sign Criteria Limitation
Maximum Height: 8 feet
Placement: Placed no less than 10 feet from any property line Time Limitations: Removed upon completion of project
Sign Permit Required: No
7) Future Tenant Identification Signs ( Parcels Greater than 10 Acres) Sign Quantity: 1 sign for every 600 feet of street frontage Maximum area: 64 square feet per side
Maximum Height: 15 feet
Placement: Placed no less than 10 feet from any property line; placed along the freeway at 1,000-foot intervals,
not to exceed 150 square feet in area per side
and 20 feet in overall height
Time Limitations: Removed upon completion of project
Sign Permit Required: No
8) Commercial Flags and Banners for Real Estate Sales and Leasing With an Approved Residential Subdivision Sales Office or a Commercial Sales or Leasing Office, or an Industrial Sales or Leasing Office
Sign Quantity: 6
Maximum Size: 15 square feet
Maximum Height: 15 feet
Placement: Displayed in the immediate vicinity of the
sales/leasing office; not permitted within the public
right-of-way.

Time Limitations: Flags shall be maintained in good condition; torn or worn flags shall be replaced
Sign Permit Required: No
Additional Requirements: Residential subdivision office: Flags may be maintained as long as a valid operating permit for
the sales office remains in effect;

17 COMMERCIAL TEMPORARY SIGNS
Sign Criteria Limitation
Commercial office or industrial sales or leasing
office: Flags may be maintained until 75 percent
of the spaces have been leased.
9) Commercial Flags on Commercial, Industrial, or Agricultural Properties ( Property Less Than One Acre)
Sign Quantity: 3
Maximum Height: 30 feet
Maximum Area: 60 square feet (measured one side only)
Sign Permit Required: No
10) Commercial Flags on Commercial, Industrial, or Agricultural Properties ( Property One Acre or Larger)
Sign Quantity: 6
Maximum Height: 30 feet
Maximum Area: 60 square feet (measured one side only)
Sign Permit Required: No
C. Temporary Signs for Special Events.

1. A special event sign is a sign associated with a single event or series of events that occur on an infrequent or sporadic basis, and takes place at a specific location in which the public is encouraged or invited to watch, listen, participate, or purchase goods and/or services, including, but not limited to, the following:
a) Commercial sales, including grand openings and pre- and post-holiday sales;
b) Arts and craft shows, trade shows, antique shows, and other similar events;
c) Carnivals, fairs, festivals, circuses, and similar activities; d) Outdoor shows, concerts, and exhibitions;
e) Community events; and
f) Annual events.

2. Special event signs shall be permitted when they comply with the provisions of this subsection. Applicants for a special event sign shall submit a letter to the director that describes the proposed event by location, area and time duration.

The application shall be processed in the same manner, and subject to the same

18 appellate procedures, as an application for a sign permit. Special event sign permits are subject to the following regulations:

TEMPORARY SIGNS FOR SPECIAL EVENTS
Sign Criteria Limitation
Sign Quantity: 1 (may be in the form of a banner or pennant) Maximum Area: 50 square feet in area (measured one side) Maximum Height: 10 feet
Zone: Any district
Time Limitation: Taken down with 7 days of the event
Sign Permit Required: Yes

17.07.090 - Signs permitted in all zones.

A. Permitted Signs. Generally, sign permits shall be issued for signs included under this section, provided the signs are in compliance with the regulations stated in this section, and all other applicable laws and ordinances.

B. Special Event Signs. See 17.07.080.C for applicable standards.

C. Permitted Signs— On-site Subdivision Commercial Signs. Onsite subdivisions may display commercial signs which conform to the following:

1. One temporary on-site subdivision commercial sign not to exceed 64 square feet total for two sides or 32 square feet for each side and a total overall height of 15 feet may be permitted on each primary street frontage of the property being subdivided, not to exceed two such signs for all phases of any subdivision (interior streets of the subdivision are not recognized as a main street frontage).

2. Such commercial signs shall be removed within ten (10) days from the date of the final sale of the land and/or residences.

3. Such commercial signs shall be maintained in good repair at all times.

4. A cash deposit of $500.00 per sign shall be deposited with the sign application to ensure compliance with this section and removal of such sign. The deposit shall be refunded to the applicant upon sign removal by the applicant. If the City is forced to remove any signs, then the cost of removal shall be deducted from the deposit.

Additional costs incurred by the City resulting from the removal of illegal signs shall be charged to the developer.

D. Permitted Signs— Temporary Subdivision Commercial Directional Signs, On-Site. The following signs may be permitted in any zoning district subject to the provisions listed:

1. A maximum of six (6) signs may be used to lead customers to the site.

2. Commercial signs shall be no larger than 600 square inches and shall be grouped on a two-sided sign structure. The City may, from time to time, develop or amend the design details for this sign structure.

19 3. Such a commercial sign structure shall be located not less than 600 feet from an existing or previously approved sign site. Further, each sign may only contain the name of the subdivision, and a directional arrow.

4. The placement of each commercial sign structure shall be reviewed and approved by the Planning Director, who shall base the decision on non-communicative aspects of the sign.

5. Commercial signs placed on private property shall require the written consent of the property owner, to be filed with the Planning Director prior to issuance of a permit.

6. A sign location plan shall be prepared showing the site of each commercial directional sign, on-site and shall be submitted to the planning department prior to the issuance of a sign permit.

7. Any such commercial sign approved for a particular subdivision within the City shall not be changed to advertise another subdivision.

8. There shall be no additions, tag signs, streamers, devices, display boards, or appurtenance added to the sign as originally approved. Further, no other directional signing may be used, such as posters or trailer signs.

9. All nonconforming subdivision commercial signs associated with the subdivision in question must be removed prior to the issuance of a new sign permit.

10. A $500.00 cash deposit shall be placed with the City to ensure compliance with this subsection. Any sign placed contrary to the provisions of this section may be removed by the City and the cost of removal shall be deducted from the deposit.

Additional costs incurred by the City resulting from the removal of illegal signs shall be charged to the developer.

11. The commercial sign(s) may remain on display only until the subdivision is sold out.

E. Signs on the Public Right-of-Way. Signs on the public right-of-way are limited to noncommercial messages. Temporary noncommercial signs may be displayed for a period not to exceed 60 days. Any time a temporary noncommercial sign is removed in the public right-of-way, it shall not be replaced by the same or other temporary sign for a period of not less than 90 consecutive days.

Signs shall be placed a minimum of three (3) feet from edge of curb or street pavement if no curb exists and shall not obstruct pedestrian traffic or line of sight for vehicle traffic; no signs shall be placed in lawn areas, parks, medians, civic center, CRC, or other government buildings; signs shall not be attached to fences, traffic control posts, utility poles, or bus shelters; no signs shall be placed in grassy areas that are to be mowed or landscaped. Signs shall only be placed in areas identified in the map below.

20

21 17.07.100 - Signs in recreation, open space, residential and agricultural zones.

A. R-C (Recreation-Conservation) Zone. Signs in the R-C Zone shall be limited to commercial temporary signs in accordance with Section 17.07.080.B(1) of this Chapter and the following signs for commercial recreation uses, subject to approval of a Uniform Sign Program as described in Section 17.07.060.L.

1. One Monument Sign for each street frontage, limited to five (5) feet in height and 32 square feet in size.

2. Building mounted signage not exceeding ten (10) percent for any building wall.

B. Residential Zones. The following signs shall be permitted in residential zoning districts:

1. Single-Family Residential Zone ( R-SF). Commercial temporary signs and identification signs in accordance with Section 17.07.080.B(1), and noncommercial temporary signs per Section 17.07.080.A.

2. Multi-Family Residential Zone (R-MF).
a. Commercial temporary signs in accordance with Section 17.07.080.B(1) of this Chapter.
b. A maximum of two signs indicating the name of the multiple-family dwelling, apartment or dwelling group shall be permitted. Such signs may include Monument Signs not exceeding six (6) feet in height and/or wall- mounted signs. The total area of each sign shall not exceed four (4) square feet for less than 12 units, or 12 square feet for 12 or more units. Signs attached to the wall of the building shall not extend above the roof or eave line. Such sign may project 12 inches maximum from the building face.

Identification signs may be illuminated, either internally or externally; provided, that all lights are directed away from public rights-of-way and adjacent properties.
c. An illuminated directory sign shall be provided at each entrance of all multi- family complexes with more than 12 dwelling units. Directory signs shall provide a diagrammatic representation of the complex in accordance with the requirements of the Fire Department
d. Noncommercial temporary signs per Section 17.07.080.A of this Chapter.

C. Rural Residential (R-R) Zone.

1. Commercial temporary signs and identification signs in accordance with Section

17.07.080.B(1) of this Chapter.

2. Signs for produce sales, subject to approval of a Uniform Sign Program in accordance with Section 17.07.060.L of this Chapter.

3. Noncommercial temporary signs per Section 17.07.080.A of this Chapter.

D. Traditional Neighborhood Residential (R-TN) Zone. The R-SF Zone sign standards shall apply to single-family dwellings, and the R-MF Zone sign standards shall apply to multiple- family dwellings.

17.07.105 - Signs in urban village zone.

A. Urban Village Zone. The R-MF Zone sign standards shall apply to multiple-family dwellings, and commercial zone sign standards (Section 17.07.120) shall apply to commercial uses.

17.07.110 - Signs in manufacturing zones, industrial complexes and business parks.

22 B. ( Manufacturing) M Zone, Industrial complexes and business parks.

1. Permitted Signs. The following signs are specifically permitted for manufacturing zones, industrial complexes and business parks subject to the approval of a Uniform Sign Program in accordance with Section 17.07.060.L of this Chapter:
a. Wall Signs. One ( 1) wall sign is permitted for each wall face of the establishment, up to a maximum of four (4) wall signs. If said signs display commercial images or messages, they shall qualify as "onsite" commercial messages. In no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or buildings primary frontage. In no event shall the area of any one wall sign exceed 100 square feet. Wall signs shall not occupy more than 70 percent of the storefront or unit width. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. b. Monument Signs. One (1) Monument Sign not to exceed 30 square feet in sign area may be permitted. The Monument Sign structure shall not exceed six (6) feet in height. Additional Monument Signs may be permitted on parcels having more than one (1) frontage if the signs are located at least 300 feet apart. Monument signs shall be placed in a landscaped area or planter of not less than 250 square feet and shall be located a minimum of five (5) feet from any right-of-way, sidewalk or driveway. c. Pylon Sign. One pylon sign not to exceed 100 square feet in sign area will be permitted to identify separate business or uses in the industrial complex. The pylon sign structure shall not exceed 20 feet in height. Pylon signs shall be placed in a landscaped area or planter of not less than 250 square feet. Pylon signs shall be a minimum of five (5) feet from any right- of-way, sidewalk or driveway.
d. Commercial Directional Signs, On-Site. A maximum of two ( 2) on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height.

17.07.120 - Signs in commercial zones.

The standards and provisions contained in this section shall be applicable to the Commercial Neighborhood (C-N) and Community Commercial (C-C) zones.

A. Permitted signs in the C-N and C-C Zones within a commercial complex shall include:

1. Wall Signs: One (1) wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one establishment. If used to display a commercial message, the sign must qualify as on-site. In no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed 100 square feet per sign. Wall signs shall not occupy more than 70 percent of the storefront or unit width. If the sign contains a logo, said logo shall be a maximum of 36 inches in height. A wall sign may not project any of its height above the roof eave line or parapet of the wall upon which is mounted.

2. Monument Signs: One (1) Monument Sign not to exceed 30 square feet in sign area which may be permitted to identify separate establishments or uses in the commercial complex. The Monument Sign structure shall not exceed six (6) feet in height. Additional Monument Signs may be permitted on parcels having more than one (1) frontage and the signs are located at least 300 feet apart. Monument signs shall be placed in a landscaped area or planter of not less than 250 square feet.

23 Monument signs shall be located a minimum of five (5) feet from any right-of-way, sidewalk or driveway.

3. Pylon Signs: One (1) pylon sign not to exceed 100 square feet in sign area will be permitted to identify a separate business or uses in the commercial complex. The pylon sign structure shall not exceed 20 feet in height. For each secondary street frontage with at least 300 feet of length, one ( 1) additional pylon sign may be permitted not to exceed 100 square feet in sign area and shall not exceed 20 feet in height. When such a sign is used to display a commercial message, it must qualify as onsite.
a. Where pylon signs are placed on both major and secondary street frontages, each such sign shall be placed as near to the middle of the street frontage as practical or at a major driveway entrance to the commercial complex from the street frontage.
b. Pylon signs shall be placed in a landscaped area or planter of not less than 250 square feet. Pylon signs shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway.
c. A maximum of three ( 3) signs may be used to identify any one establishment pursuant to the criteria outlined in this section.

4. Service and Delivery Signs: One (1) unlighted sign per occupancy not to exceed two ( 2) square feet may be placed on the rear of the building for service and delivery purposes.

5. Commercial Directional Signs, On-Site: A maximum of two (2) on-site directional signs per drive approach, each not to exceed a total of ten (10) square feet in area and four (4) feet in height.

6. Window Signs: Window signs conforming to the provisions of Sections

17.07.070.B(1) and (14), and 17.07.080.B(2).

Under Canopy Signs: For each use or occupancy, one (1) maximum four (4) foot under canopy sign per frontage.

B. Permitted signs in the C-N and C-C Zones for uses not part of a commercial complex shall include:

1. Wall Signs: One (1) wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one establishment. If such sign is used for a commercial message, it must qualify as on-site. In no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed 100 square feet per sign. Wall signs shall not occupy more than 70 percent of the storefront or unit width. A wall sign may not project any of its height above the roof eave line or parapet of the wall upon which is mounted.

2. Service and Delivery Signs: One (1) unlighted sign per occupancy not to exceed two ( 2) square feet may be placed on the rear of the building for service and delivery purposes.

3. Directional Signs, On-Site: A maximum of two (2) on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height.

4. Window Signs: Window signs conforming to the provisions of Sections

17.07.070.B(1) and (14), and 17.07.080.B(2).

5. Under Canopy Signs: For each use or occupancy, one (1) maximum four (4) foot under canopy sign per frontage.

24 6. Exceptions: Certain exceptions to the sign standards applicable to commercial uses not located within a commercial complex may be approved by the Planning Commission including the election of freestanding sign(s) when the following findings can be made by the Planning Commission, without consideration of proposed message content (other than the onsite/offsite distinction in the case of commercial messages):
a. The site is subject to limited visibility and additional signing is necessary for a reasonable level of advertising exposure;
b. The type of establishment or the configuration of the site necessitates additional signage.
c. Exceptions shall be processed through the sign permit and minor variance process provided for in the Zoning Ordinance.

C. Freeway-Facing Signs. Permitted in the C-N and C-C Zones subject to the following requirements:

1. The maximum allowable sign face area of any freeway-facing sign for a shopping center or commercial complex which totals more than 250,000 square feet of gross floor area shall be 300 square feet and shall not exceed 60 feet in height. When such display area is used for commercial speech, the copy must qualify as onsite as to the shopping center or commercial complex.

2. The maximum allowable sign face area of any freeway-facing sign for a shopping center or commercial complex which totals less than 250,000 square feet of gross floor area shall be 150 square feet and shall not exceed 60 feet in height.

3. Freeway-facing signs, including freeway-facing electronic message center signs, may only be permitted subject to the approval of a sign permit by the Planning Commission, and if said sign is a Billboard or relocated Billboard, the sign shall be subject to the requirements of section 17.07.030(G). Freeway-facing signs will be permitted when they satisfy all of these criteria:
a. The proposed sign is located upon the property upon which the use identified is located;
b. The proposed sign is located in the vicinity of a freeway interchange and within 300 feet of the freeway right-of-way and 600 feet of the intersecting street right-of-way;
c. The following findings must be made, without consideration of message content of the proposed sign:
i. The elevation of the freeway in relation to the elevation of the abutting properties justifies the height requested, and is the minimum necessary.
ii. The number and spacing of freeway signs will not cause unnecessary confusion, clutter or other unsightliness in the general location.
iii. The use identified, as well as its type, size and intensity, justifies the size, design and location of the sign requested.
iv. The needs of the traveling public for identification and directional information justifies the sign requested.

D. Automobile Service Station Signs. Automobile service station signs shall be permitted subject to the following requirements:

1. Identification/Price Monument Sign: For each service station, one (1) monument, combination price and identification sign, maximum 30 square feet in size and

25 maximum six (6) feet in overall height shall be permitted, and must include all price advertising as required by State law. Elevated signs may be used subject to approval of the Planning Commission (without consideration of message content) where vision impairments exist, however elevated signs shall be designed with appropriate vision spaces. Such signs shall not exceed 15 feet in overall height.

2. Identification Pylon Sign: For service stations located contiguous to a freeway, where a freeway exit serves the street from which the service station takes direct access, in addition to the identification/price Monument Sign allowed by paragraph 1) above, one (1) pylon sign, maximum 100 square feet in size and 40 feet in overall height, situated so as to be directed toward and permanently viewable from the freeway, shall be permitted.

3. Special Service Signs: Each service station may display two (2) special service signs per pump island. Special service signs shall be limited to such items as self- serve, full serve, air, water, cashier, and shall be non-illuminated. Such signs must be permanently affixed to the pump island they identify. Each sign may not exceed four (4) square feet in overall size.

4. Wall Signs: Wall signs for automobile service stations shall be permitted subject to the provisions set forth in Section 17.07.110.A(1) and (6).

5. Commercial Directional Signs, On-Site: Maximum of two ( 2) on-site directional signs per drive approach, each not to exceed a total of ten (10) square feet in area and four (4) feet in height.

6. Window Signs: Window signs conforming to the provisions of Section

17.07.070.B(1) and (14), and 17.07.080.B(2).

E. Theater Marquee Signs. Theater marquee signs shall be permitted subject to the following requirements:

1. The size of a theater marquee sign shall be determined by the number of screens.

Each screen shall be permitted a maximum of ten (10) square feet for each sign face area. A theater marquee sign may not total more than 100 square feet of sign face area.

2. A maximum of one (1) theater marquee sign, not to exceed 25 feet in height, is permitted per street frontage exclusive of freeway; provided, however, that the theater is part of an integrated shopping center.

3. A maximum of one (1) theater marquee sign, not to exceed 25 feet in height, shall be permitted for theaters not considered to be part of an integrated shopping center.

4. A maximum of one (1) wall-mounted theater marquee sign shall be permitted at the main entrance to the theater.

F. Electronic Message Center Signs. Electronic message center signs shall be permitted subject to the following requirements:

1. One (1) electronic message center sign may be permitted in a commercial complex with a minimum of 25,000 square feet of floor area. No electronic message center sign shall be located closer than 2,500 feet to another electronic message center sign. A conditional use permit shall be required whereby the Planning Commission will determine the size and height of the sign.

2. Each display shall appear for a period of at least eight (8) seconds. Displays shall not be animated, appear in incremental stages or move across the changeable copy sign face. The sign shall remain blank (no message or display) for at least one (1) second between separate images.