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HomeMy Public PortalAboutOrdinance 1042-1076ORDINANCE NO. 1 0 4 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 10.22 TO THE BEAUMONT MUNICIPAL CODE ENTITLED "REGULATION OF PARKING FOR STREET SWEEPING" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 10.02 of the Beaumont Municipal Code, entitled "Regulation of Parking for Street Sweeping" is hereby added in its entirety to read as follows: Sections: 10.22.010 10.22.020 10.22.030 CHAPTER 10.22 REGULATION OF PARKING FOR THE STREET SWEEPING Parking Prohibition Designated areas for Street Sweeping Violation of Parking Restrictions 10.22.010 Prohibit Parking to Facilitate Street Sweeping Not withstanding any other parking regulation to the contrary, it is unlawful to park or leave parked any vehicle on any street or portion thereof during the hours and on the day or days of the month designated for street sweeping, except commercial vehicles making pick-ups or delivers. 10.22.020 Designated areas for Street Sweeping. The Planning Director is authorized to determine the designated areas for street sweeping on a citywide basis. The schedule of street sweeping shall provide for approximately one-half of a designated area to be swept in the morning and the remaining half of the designated area to be swept in the afternoon. The Planning Director shall cause signs to be posted that read "No Parking," in appropriate locations in accordance with section 22507.6 of the California Vehicle Code. Such signs shall state the day and time that restrictions are in effect and shall be posted at entrances to subdivisions, tracts, housing developments and other locations as required by section 22507.6 of the California Vehicle Code. The Planning Director is authorized to determine the locations of and to place and maintain, or cause to be placed and maintained, signs designating the hours during which, and day or days of the month on which, parking is prohibited in order to permit City equipment, or City contracted equipment, to sweep the streets. 10.22.030 Violation of Parking Restrictions A. Upon first violation for parking within a restricted parking area properly identified by the required posted signs, a parking citation may be issued by a Police Officer or Code Enforcement Officer. B. Upon a second and consecutive violation of this chapter within a 12 - month period involving the same vehicle, the parking citation may be issued and the vehicle towed at the registered owner's expense. Section 2: This ordinance shall take effect as provided by law. MOVED, PASSED, and APPROVED this 5th Day of November, 2013, by the following vote: AYES: Mayor Berg, Council Memember Castaldo, De Forge, Fox, Knight NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED, and ADOPTED this 19th Day of November, 2013, by the following vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Knight NOES: None ABSTAIN: None ABSENT: Council Member Fox -iC'%--) Mayor Berg e3/ Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 95772-PARKINF FOR ST. SWEEPING State of California County of Riverside ) SS. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: October 25, 2013 Executed on: 10/25/2013 At Banning , CA 1 ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature City of Beaumont LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, November 5, 2013 at approximately 6:00 p.m. at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the following matter(s): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING SECTION 10.22 TO THE BEAUMONT MUNICIPAL CODE REGULATING OF PARKING FOR STREET SWEEPING It is the purpose and intent of the Ordinance to prohibit parking along designated public roadways dung specific times when the streets will be cleaned by a street sweeper. Date: October 15, 2013 JOSH ELLSWORT SERGEANT Publish one time only in the Record Gazette on October 25, 2013 Published in The Record Gazette 95772 10/25, 2013 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 97806 - STREET SWEEPING State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: December 6, 2013 Executed on: 12/06/2013 At Banning , CA 1 ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature City of Beaumont LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, November 5, 2013 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING SECTION 10.22 OF CHAPTER 6 RE: REGULATIONS OF PARKING FOR STREET SWEEPING It is the purpose and intent of this Ordinance to amend Title 10.22 of the Beaumont Municipal Code which regulates parking on designated streets during hours of street sweeping. The ordinance provides local authorities the ability to issue a citation or cause the vehicle to be removed after the vehicles owner has been provided waming. The Ordinance was adopted at its second reading on November 19, 2013 by the following vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Knight NOES: None ABSTAIN: None ABSENT: Council Member Fox Date: December 2, 2013 Josh Ellsworth Police Sergeant Published in The Record Gazette No. 97806 12/06,2013 October 16, 2013 To: Mayor and City Council Members From: Frank Coe, Chief of Police Approval: Alan Kapanicas, City Manager Agenda Date: November 5, 2013 AGENDA ITEM 6( ` b Subject: Ordinance Adding Section 10.22 to the Beaumont Municipal Code — entitled "Regulation of Parking for Street Sweeping" Background / Summary: Staff continues to receive complaints from residents regarding vehicles parking in the roadway, hampering the efforts of the street sweeper in maintaining clean streets. Though, this creates an inconvenience for residents, it builds a greater challenge in removing debris from the streets - compliance with the Federal Clean Water Act and the National Pollutant Discharge Elimination System. The California Vehicle Code allows local authorities the capability of enacting a local ordinance to restrict parking or standing on designated streets or highways for the purposes of street sweeping where those streets or highways have been posted. By adopting the ordinance, staff would have the authority to address parking concerns related to street sweeping. Posting each street within the City would become cost -prohibitive. The ordinance would allow staff to post signs and enforce parking restriction in areas that are identified as having the most significant issues. The ordinance will provide staff with the authority to cite and/ or impound violators ensuring unrestricted travel for the street sweepers in these designated areas. Fiscal Impact: The costs to administer this program, including signs and enforcement, will be absorbed in the city's General Fund budget, and will be offset by the fees generated through the enforcement of the ordinance. Recommendation: Hold a Public Hearing and approve the first reading of Ordinance adding Section 10.22 to Title 10 of the Beaumont Municipal Code, entitled, Regulations for Parking for Street Sweeping. ORDINANCE NO. 1 041 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.03.120 "PERMITTED USES FOR BASE ZONES," AMENDING CHAPTER 17.03.150 "PERMITTED USES FOR OVERLAY ZONE DISTRICTS," OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 17.03.120, entitled "Permitted Uses for Base Zones", Table 17.03-3 Educational Establishments, is hereby amended to the Beaumont Municipal Code to read as: Elementary, Junior, and High Schools/Private & Charter C C C Elementary, Junior, and High Schools/Public P C C C College or University C C Tutoring & Testing Facility N P A A A C C C C Vocational and Trade Schools C C C Section 2: Chapter 17.03.150, entitled "Permitted Uses for Overlay Zone Districts", Tabie17.03-4 Educational Establishments is hereby amended to the Beaumont Municipal Code to read as: Educational Establishments Elementary, Junior, and High Schools/Private & Charter C C C Elementary, Junior, and High Schools/Public C C C College or University C C C 1 Tutoring & Testing Facility C C C Vocational and Trade Schools C C C Section 3: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 5thday of November, 2013, by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Fox, Knight NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 1 9tltlay of November, 2013, upon second reading by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Knight NOES: None ABSTAIN: None ABSENT: Council Member Fox ATTEST: Deputy City Clerk Roger Berg, Mayor 2 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 97400-CHAPT17.03.120&17.03.150 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: November 29, 2013 Executed on: 11/29/2013 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature City of Beaumont Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council conducted a public hearing on Tuesday, November 5, 2013 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): An Ordinance Amending Chapter 17.03.120 Permitted Uses for Base Zone, and Chapter 17.03.150 Permitted Uses for Overlay Zone Districts, of the Beaumont Municipal Code. The purpose of these amendments is to change the requirements for Educational Establishments within the City of Beaumont. Ordinance No. 1041 was adopted at its second reading on November 19, 2013 by the following vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, and Knight NOES: None ABSTAIN: None ABSENT: Council Member Fox Date: November 20, 2013 Rebecca Deming Director of Planning Published in The Record Gazettee No. 97400 11/29, 2013 ORDINANCE NO. 1042 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 15.20 "FIRE CODE" OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 15.20 of Title 15 of the Beaumont Municipal Code is hereby amended to read as more specifically set forth on Exhibit A, which Exhibit is attached hereto and made a part hereof. Section 2. This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 21st day of January, 2014, by the following roll call vote: AYES: Berg, Castaldo, De Forge, Fox, Knight NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 4th day of February, 2014, upon second reading by the following roll call vote: AYES: Berg, Castaldo, De Forge, Fox, Knight NOES: None ABSTAIN: None ABSENT: None ATTEST: Deputy City Clerk CITY OF BEAUMONT 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 1042 duly introduced at a regular meeting of the City Council of the City of Beaumont held on January 21, 2014, and was duly adopted upon a second reading on February 4, 2014, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT By 2 Depu y City Clerk EXHIBIT A Chapter 15.20 FIRE CODE Sections: 15.20.010 Title 15.20.020 Adoption of 2013 Fire Code 15.20.030 Violation—Penalty 15.20.010 Title. This Chapter shall be cited as the "Fire Code" of the City, and any reference in the Beaumont Municipal Code or any Chapter thereof to the Fire Code refers to and applies to this Chapter and the Fire Code adopted by reference in accordance with this Chapter. 15.20.010 Adoption of 2013 Fire Code. Subject to the particular additions, amendments and deletions set forth in this Chapter, all of the rules, regulations, provisions and conditions set forth in that certain document being marked and designated as "An Ordinance of the County of Riverside Amending Ordinance No. 787 and Adopting the 2013 California Fire Code as Amended", certified copies of which are on file in the office of the City Clerk, are hereby adopted as the Fire Code of the City, and each and all of the rules, regulations, provisions and conditions thereof are hereby referred to, adopted and made part of this Chapter as though fully set forth at length herein. 15.20.030 Violation—Penalty. In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Chapter 1.17 or shall be guilty of an infraction pursuant to 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 6 months in jail, or both. In addition to the penalties provided in this Section, any condition caused or permitted to exist in violation of any of the provision of this Chapter shall constitute a public nuisance and may be abated by the City by civil process by means of a restraining order, preliminary or permanent injunction or in any manner provided by law for the abatement of such nuisance. All remedies herein are cumulative and non-exclusive. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 7873 AN ORDINANCE OF THE COUNTY OF RIVERSIDE AMENDING ORDINANCE NO. 787 AND ADOPTING THE 2013 CALIFORNIA FIRE CODE AS AMENDED The Board of Supervisors of the County of Riverside ordains as follows: Section 1. Ordinance No. 787 is amended in its entirety to read as follows: "ORDINANCE NO. 787 AN ORDINANCE OF THE COUNTY OF RIVERSIDE ADOPTING THE 2013 CALIFORNIA FIRE CODE AS AMENDED Section 1. FINDINGS. The Board of Supervisors finds the following: A. Every three years the State of California adopts a new California Fire Code, as part of the California Building Standards Code, which becomes effective as to Riverside County 180 days after publication by the California Building Standards Commission. B. The International Fire Code has been published and adopted, as amended, by the California Building Standards Commission into the California Code of Regulations as Title 24, Part 9, titled the California Fire Code. C. Riverside County may establish more restrictive standards reasonably necessary to provide fire protection for life and property because of local climatic, geological or topographical conditions. D. Riverside County has an arid climate with annual rainfall varying from three (3) inches in Blythe to over thirty three (33) inches in Pine Cove. The County also experiences annual hot, dry Santa Ana Winds, which Contribute to fires spreading quickly throughout the County. E. A variety of regions exist within Riverside County including deserts, mountains, brush covered wild lands, the Salton Sea and agricultural DEC 17 2013 3-I �F lands. Additionally, elevations within Riverside County range from three hundred (300) feet below sea level to mountains over ten thousand (10,000) feet. This variety in regions contributes to an increased emergency response time, which necessitates cooperation between local agencies. F. Riverside County contains a large number of sensitive habitats for various species and vegetation, consists of large open space areas between major urban centers and includes landscapes varying from mountains and hills to valleys and deserts. These conditions impact building and structure location, which impedes emergency access and response. G. Riverside County extends from Orange County to the State of Arizona and is mixed with congested urban areas, rural lands and wild lands, which increase Riverside County Fire Department response times to emergencies. H. Two major earthquake faults, the San Andreas Fault and the San Jacinto Fault, bisect Riverside County and numerous minor faults exist throughout it. As a result, a substantial amount of property and persons located in Riverside County are likely to be impacted by earthquakes and will require emergency response and rescue. - I. The topography within Riverside County extends from flat to twenty-five (25) percent slope for habitable land, which causes buildings and structures to be located in unique areas that impact emergency response and access. J. In addition to earthquakes, a substantial amount of property and persons located in Riverside County are likely to be impacted by landslides, wind erosion, blown sand, flooding and wildfires because of the County's unique climatic, geological and topographical conditions. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 K. The additional requirements included herein are necessary to properly protect the health, safety and welfare of the residents and workers of Riverside County. L. Revenue shortages make it difficult to locate additional fire stations and provide staffing sufficient to control fires in single and multi -story retail, commercial and industrial buildings, making enhanced built in protection necessary. M. The sections of the California Fire Code may be referred to by the same number used in said published compilation preceded by the words "Riverside County Fire Code Section" or "International Fire Code Section" or "Fire Code Section." Section 2. PURPOSE. The purpose of this ordinance is to adopt the 2013 California Fire Code, California Code of Regulations, Title 24, Part 9, as amended, to govern the safeguarding of life and property from fire, explosion hazards and hazardous conditions and to regulate the issuance of permits and collection of fees. Section 3. AUTHORITY. This ordinance is adopted pursuant to Health and Safety Code Sections 17958 and 17958.7 which allow a county to adopt modifications or changes to the California Fire Code that are reasonably necessary because of local climatic, geological and topographical conditions. Section 4. APPLICATION. The provisions of the 2013 California Fire Code including appendices, as amended by this ordinance, shall apply to the unincorporated area of Riverside County. Section 5. AMENDMENTS TO CALIFORNIA FIRE CODE. The 2013 California Fire Code is adopted in its entirety except as to the following: A. DEFINITIONS. Section 202 of the California Fire Code is amended to add the following definitions: BOARD OF SUPERVISORS. The Board of Supervisors for the County of Riverside. BUILDING OFFICIAL. The Director of the County of Riverside Department of Building and Safety or the Director's designee(s). CALIFORNIA FIRE CODE. The 2013 Fire Code part of the California Building Standard Code, also known as California Code of Regulations, Title 24, Part 9. CALIFORNIA RESIDENTIAL CODE. California Code of Regulations, Title 24, Part 2.5. FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief's designee. FIRE PROTECTION ENGINEER. A professional engineer with the education and experience to understand the engineering problems related to safeguarding life and property from fire and fire-related hazards, to identify, evaluate, correct or prevent present or potential fire and fire related panic hazards in buildings, groups of buildings, or communities, and to recommend the arrangement and use of fire resistant building materials and fire detection and extinguishing systems, devices, and apparatus in order to protect life and property. HAZARDOUS FIRE AREA. Private or public land not designated as state or local fire hazard severity zone (FHSZ) which is covered with grass, grain, brush or forest and situated in a location that makes suppression difficult resulting in great damage. Such areas are designated on Hazardous Fire Area maps filed with the office of the Fire Chief. SKY LANTERN. An airborne lantern typically made of .paper, Mylar or other lightweight material with a wood, plastic or metal frame containing a candle, fuel cell or other heat source that provides buoyancy. B. DEPARTMENT OF FIRE PREVENTION A new Section 103.4.2 is added to Section 103.4 of the California Fire Code to read as follows: 4 "103.4.2 Cost Recovery. Fire suppression, investigation, rescue or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1, as may be amended from time to time. Additionally, any person who negligently, intentionally or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemidals is liable for the costs of securing such emergency, including those costs pursuant to Government Code Section 53150, et seq, as may be amended from time to time. Any expense incurred by the Riverside County Fire Department for securing such emergency shall constitute a debt of such person and shall be collectable by Riverside County in the same manner as in the case of an obligation under contract, express or implied." C. GENERAL AUTHORITY AND RESPONSIBILITIES. 1. A new Section 104.2.1 is added to Section 104.2 of the California Fire Code to read as follows: "104.2.1 Fees. Fees for services and permits shall be as set forth in Riverside County Ordinance No. 671." 2 A new Section 104.3.2 is added to Section 104.3 of the California Fire Code to read as follows: "104.3.2. Authority of the Fire Chief and Fire Department. 1. The Fire Chief is authorized and directed to enforce all applicable State fire laws and provisions of this ordinance and to perform such duties as directed by the Board of Supervisors. 2. The Fire Chief is authorized to administer, interpret and enforce this ordinance. Under the Fire Chief's direction, the Riverside County Fire Department is authorized to enforce ordinances of Riverside County pertaining to the following: a. The prevention of fires. b. The suppression or extinguishment of dangerous or hazardous fires. c. The storage, use and handling of hazardous materials. d. The installation and maintenance of automatic, manual and other private fire alarm systems and fire extinguishing equipment. e. The maintenance and regulation of fire escapes. f. The maintenance of fire protection and the elimination of fire hazards on land, in buildings, structures and other property, including those under construction. g. The maintenance of means of egress. h. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials. 3. The following persons are hereby authorized to interpret and enforce the provisions of this ordinance and to make arrests and issue citations as authorized by law: a. The Unit Chief, Peace Officers and Public Officers of the California Department of Forestry and Fire Protection. b. The Fire Chief, Peace Officers and Public Officers of the Riverside County Fire Department. c. The Riverside County Sheriff and any deputy sheriff. d The Police Chief and any police officer of any city served by the Riverside County Fire Department. e. Officers of the California Highway Patrol. f. Code Officers of the Riverside County Code Enforcement Department. g. Peace Officers of the California Department of Parks and Recreation. h. The law enforcement officer of the Federal Bureau of Land Management." 3. A new Section 104.12 is added to Section 104 of the California Fire Code to read as follows: "104.12 Authority of the Fire Chief. Except upon National Forest Land, the Fire Chief is authorized to determine and announce the closure of any hazardous fire area or portion thereof. Any closure by the Fire Chief for a period of more than fifteen (15) calendar days must be approved by the Board of Supervisors within fifteen (15) calendar days of the Fire Chief s original order of closure. Upon such closure, no person shall go in or be upon any hazardous fire area, except upon the public roadways and inhabited areas. During such closure, the Fire Chief shall erect and maintain at all entrances to the closed area sufficient signs giving notice of closure. This section shall not prohibit residents or owners of private property within any closed area, or their invitees, from going in or being upon their lands. This section shall not apply to any entry, in the course of duty, by a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 peace officer, duly authorized public officer or fire department personnel." D. VIOLATIONS. Section 109.4 of the California Fire Code is deleted in its entirety. E. OPEN FLAMES. A new Section 308.1.6.3 is added to Section 308.1.6 of the California Fire Code to read as follows: "308.1.6.3 Sky lanterns or similar devices. The ignition or launching of a Sky Lantern or similar device is prohibited. Exception: Upon approval of the fire code official, Sky Lanterns may be used as necessary for religious or cultural ceremonies provided that adequate safeguards have been taken as approved by the fire code official including, but not limited to, tethering Sky Lanterns to prevent them from leaving the immediate area and constant attendance until the Sky Lantern is extinguished." F. FIRE SAFETY AND EVACUATION PLANS. Section 404.2 of the California Fire Code is amended to add the following: "16. Windowless buildings having an occupant load of fifty (50) or more." G. FIRE APPARATUS ACCESS ROADS. 1. Section 503.1.1 of the California Fire Code is amended to add the following language: "Exception: Where approved by the fire code official, fire apparatus access roads may be modified or not required for solar photovoltaic power generation facilities." 2. Section 503.2.2 is deleted in its entirety and replaced with the following: 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "503.2.2 Authority. The fire code official shall be the only authority authorized to designate fire apparatus access roads and fire lanes and to modify the minimum fire lane access widths for fire or rescue operations." 3. Section 503.3 of the California Fire Code is deleted in its entirety and replaced with the following: "503.3 Marking. Fire apparatus access roads, where required, shall be identified by curbs painted red on both the top and face along the entire length of the fire apparatus access road. Where no curbs exists or a rolled curb is installed, a six (6) inch wide red strip shall be applied the full length of the fire apparatus access road or approved posted signs shall be installed in accordance with the Riverside County Fire Department Standards. Exception: On school grounds this requirement shall be implemented as approved by the fire code official." 4. A new Section 503.7 is added to Section 503 of the California Fire Code to read as follows: "503.7 Loading areas and passenger drop-off areas. On private properties, where fire apparatus access roads are utilized for loading or unloading or utilized for passenger drop-off or pick-up, an additional eight (8) feet of width shall be added to the minimum required width for the fire apparatus access road." H. ACCESS TO BUILDING OPENINGS AND ROOFS Section 504.1 of the California Fire Code is amended to add the following language to the end of the first paragraph: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "Where ground ladder access is the only means to reach the highest point on the building, the finished grade on all exterior sides of buildings shall be flat and free of any obstructions that would interfere with ground ladder placement. This distance from the building to finished grade shall be determined by the Fire Chief." I. FIRE PROTECTION WATER SUPPLIES 1. Section 507.5.5 of the California Fire Code is deleted in its entirety and replaced with the following: "507.5.5 Clear space around hydrants. A 3 -foot (914 mm) clear space shall be maintained around the circumference of fire hydrants, Fire Department connections, exterior fire protection system control valves, or any other exterior fire protection system component that may require immediate access, except as otherwise required or approved." 2. A new Section 507.5.7 is added to Section 507 of the California Fire Code to read as follows: "507.5.7 Fire hydrant size and outlets. As determined by the fire code official, fire hydrant sizes and outlets shall be based on the following: a. Residential Standard — one (1) four (4) inch outlet and one (1) two and half (2 1/2) inch outlet. b. Super Hydrant Standard — one (1) four (4) inch outlet and two (2) two and one half (2 '/2) inch outlet. c. Super Hydrant Enhanced — two (2) four (4) inch outlet and one (1) two and one half (2 '/2) inch outlet." 3. A new Section 507.5.8 is added to Section 507 of the California Fire Code to read as follows: 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "507.5.8 Fire hydrant street marker. Fire hydrant locations shall be visually indicated in accordance with Riverside County Fire Department Standard 06-11, as may be amended from time to time. Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage." J. FIRE COMMAND CENTER 1. Section 508.1 of the California Fire Code is deleted in its entirety and replaced with the following: "508.1 General. Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code, in buildings greater than 300,000 square feet in area and in Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, a fire command center for fire department operations shall be provided and comply with Sections 508.1.1 through 508.1.5." 2. Section 508.1.3 of the California Fire Code is amended to add the following: "Exception: A fire command center solely required because a building is greater than 300,000 square feet in area shall be a minimum of 96 square feet (9 m2) with a minimum dimension of 8 feet (2438mm)." 3. Section 508.1.5 of the California Fire Code is amended to add the following: 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "Exception: A fire command center solely required because a building is greater than 300,000 square feet in area shall comply with NFPA 72 and contain the features set forth in Section 508.1.5 subsections 5, 8, 10, 12, 13 and 14. The features set forth in Section 508.1.5 subsections 1, 2, 3, 4, 6, 7, 9, 11, 15, 16, 17, 18 and 19 shall be required when such building contains systems or functions related to these features." K. MECHANICAL REFRIGERATION. Section 606.10.1.2 of the California Fire Code is deleted in its entirety and and replaced with the following: "606.10.1.2 Manual Operation. When required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valves shall be located in an approved location immediately outside of the machinery room in a secure metal box or equivalent and marked as Emergency Controls." L. AUTOMATIC SPRINKLER SYSTEMS. 1. Section 903.2 of the California Fire Code is deleted in its entirety and replaced with the following: "903.2 Where required. In all new buildings and structures which are 3,600 square feet or greater an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where the California Fire Code is requiring more restrictive requirements in Sections 903.2.1, 903.2.1,1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5, 903.2.2, 903.2.3, 903.2.4, 903.2.5, 903.2.5.2, 903.2.6, 903.2.7, 903.2.8, 903.2.9, 903.2.10, 903.2.11.6 903.2.16, 903.2.18, the more restrictive requirement shall take precedence. The following exceptions in the California Fire Code shall not be allowed: 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a. Exception in Section 903.2.3 b. Exception in Section 903.2.6 c. Exception in Section 903.2.11.3 One and two-family dwellings shall have an automatic fire sprinlder system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be installed in mobilehomes, manufactured homes and multifamily manufactured homes with two dwelling units in accordance with Title 25 of the California Code of Regulations." 2. A new Section 903.3.5.3 is added to Section 903 of the California Fire Code to read as follows: "903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity." DESIGNATION OF HIGH -PILED STORAGE AREAS. A new Section is added to Section 3204.2 of the California Fire Code to read as follows: "3204.2.1 Minimum requirements for client leased or 'occupant owned warehouses. Designs of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. The responsible fire protection engineer shall perform a survey of the building to determine commodity classification, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The fire protection engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the building owner or operator. The technical report shall describe the basis for determining the commodity and sprinlder design selection, how the commodities will be isolated or separated, and include referenced design document(s), including NFPA 13 or the current applicable factory mutual data sheets. If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review." N FIRE HAZARD SEVERITY ZONES. A new Section 4904.3 is added to Section 4904 of the California Fire Code to read as follows: "4904.3 High Fire Hazard Severity Zone Maps. In accordance with Government Code Sections 51175 through 51189, Very High Fire Hazard Severity Zones are designated as shown on a map titled Very High Fire Hazard Severity Zones, dated April 8, 2010 and retained on file at the office of the Fire Chief, which supersedes other maps previously adopted by Riverside County designating high fire hazard areas." Section 6. APPENDICES TO CALIFORNIA FIRE CODE. The appendices to the California Fire Code are adopted in their entirety except as to the following: A. Appendix B. Exception 1 of Section B105.2 of Appendix B is deleted in its entirety and replaced with the following: "1. A reduction in required fire -flow of up to 50 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2. The resulting fire -flow shall not be less than 1,500 gallons per 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 minute (5678 L/min) for the prescribed duration as specified in Table B105.1." B. Appendix C. Section C102.1 is deleted in its entirety and replaced with the following: "C 102.1 Fire hydrant locations. Fire hydrants shall be provided at street intersections and along required fire apparatus access roads and adjacent public streets." C. Appendix D. Appendix D shall not be adopted. D. Appendix I. Appendix I shall not be adopted. E. Appendix J. Appendix J shall not be adopted. F. Appendix K. Appendix K shall not be adopted. Section 7. VIOLATION AND PENALTIES. It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this ordinance, or to violate the provisions of any permit granted pursuant to this ordinance Punishments and penalties for violations shall be in accordance with Ordinance No. 725 and Health and Safety Code Sections 17995 through 17995.5. Section 8. SEVERABILITY. If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are hereby declared to be severable." 1/1 15 Section 2. EFFECTIVE DATE. This ordinance shall take effect thirty (30) days after its adoption. BOARD OF SUPERVISORS OF THE COUNTY OF RIV RSIDE, ATE OF CALIFORNIA By: c ATTEST: Kecia Harper-Ihem CLERK OF THE BOARD APPROVED AS TO FORM November .?(k. , 2013 Deputy County Counsel ohn J. Benoit MPC:mdk 11/26/13 G:IPROPERTYIMDUSEKIMPC\FINAL CLEAN FORMATTED ORDINANCE 787 7 11-25-13.DOC 16 12.17.13 3-14 10 11 12 13 STATE OF CALIFORNIA ss 14 COUNTY OF RIVERSIDE ) 15 16 I HEREBY CERTIFY that at a regular meeting of the Board of Supervisors of said county held on December 17, 2013, the foregoing ordinance consisting of 2 Sections was adopted by the following vote: 18 19 20 21 22 23 24 25 26 27 28 DATE: AYES: Jeffries, Stone, Benoit and Ashley NAYS: None ABSENT: Tavaglione December 17, 2013 SEAL KECIA HARPER-IHEM Cle of the Board Item 3-14 Attachment A Local Amendment Justification/Statement of Reason Building Standards Law allows local amendments in accordance with the following: For purposes of this subdivision, a county may make reasonably necessary modifications to the requirements, adopted pursuant to Section 17922, contained in the provisions of the code and regulations on the basis of local conditions. §17958.7. (a) Except as provided in Section 17922.6, the governing body of county, before making any modifications or changes pursuant to Section 17958.5, shall make an express finding that such modifications or changes are reasonably necessary because of local climatic, geographical or topographical conditions. Such a finding shall be available as a public record. A copy of those findings, together with the modification or change expressly marked and identified to which each such finding refers, shall be filed with the California Building Standards Commission. No modification or change shall become effective or operative for any purpose until the finding and the modification or change have been filed with the Califomia Building Standards Commission. Chapter 1 — Scope and Administration: Section 103.4.2: This section has been carried over from the previous Ordinance No. 787 and has been re -worded to meet the current language of the California Fire Code. Section 104.2.1: This section has been carried over from the previous Ordinance No. 787. This amendment is necessary for recovery costs to coincide with Riverside County Ordinance 671. Section 104.3.2: This section was carried over from the existing Ordinance No. 787. It is imperative that cooperation in enforcement be disseminated to other law enforcement entities within the Riverside County area because of its vast topography and diversity. This gives the Riverside County Fire Department greater enforcement capabilities due to logistics and the presence of these other agencies across the County of Riverside. Section 104.12: This section is carried over from the existing Ordinance No. 787 and grants authority to the Fire Chief, in cooperation with the Board of Supervisors, for dosures into any hazardous fire areas due to any climatic events such as, but not limited to, "red flag wamings", damaging weather events, dry conditions as determined by the Fire Chief and other matters related to. Section 109.4: This section is not adopted as existing requirement in Ordinance No. 787 requires punishments and penalties for violations to be in accordance with Health and Safety Code Sections 17995 through 17995.5. Chapter 2 — Definitions: Board of Supervisors: This definition has been carried over from the previous Ordinance No. 787. This definition was added to designate that this title meant the Board of Supervisors for the County of Riverside whenever the wording appears in this Ordinance. Building Official: This definition has been carried over from the previous Ordinance No. 787. This definition was added to designate that this title meant the Director of the County of Riverside Department of Building Safety or the Director's designee(s) whenever the wording appears in this Ordinance or the 2013 California Fire Code. California Fire Code: This definition has been carried over from the previous Ordinance No. 787. This definition was added to define the code as part of the California Building Standard Code also known as California Code of Regulations, Title 24, Part 9 California Residential Code: This definition has been carried over from the previous Ordinance No. 787. This definition was added to define the code as California Code of Regulations, Title 24, Part 2.5. 1 Attachment A Fire Chief: This definition has been carried over from the previous Ordinance No. 787. This definition was added to designate that this title meant the Fire Chief of Riverside County whenever the wording was to appear in the California Fire Code or this Ordinance. This is to distinguish obligatory authority to the Fire Chief or any of the designated representatives for fire prevention measures and declarations in enforcing this Ordinance Hazardous Fire Area: This section has been carried over from the previous Ordinance No. 787. This definition is provided due to requirements required pursuant to Government Code Sections (C ),51178 and 51189 51179. (a) A local agency shall designate, by ordinance, very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the director pursuant to subdivisions. This definition provides darity into the description of what constitutes these topographical areas and provides maps as required by state law for public view and designation. Fire Protection Engineer: This section has been carried over from the previous Ordinance No. 787. This was added to give guidance when requiring section 3204.2 of Ordinance 787 in what a Fire Protection Engineer scope of practice is and how it relates to the requirement of the section. Skv Lantern: This new definition was added to correlate with added Section 308.1.6.3 to prohibit sky lanterns and similar devices. The California State Fire Marshal's office issued Infoimation'Bulietin 12-005 indicating that there is a serious fire and safety hazard associated with sky lanterns, which include the potential to start an unintended fire on or off the property from which they are released. They are known to travel significant distances from the point of release. The National Association of State Fire Marshals Resolution 2013-3 recommends imposing State level bans on their sale and use. Multiple fires have been reported to be linked to the use of sky lanterns including, but not limited to, a recycling plant fire in Smethwick, England which caused approx. $9M in damage and a wildfire in Shell Beach on the mountain above Pirates Code in San Luis Obispo County, CA. The added definition is consistent with proposed amendment by Orange County Fire Authority. Chapter 3 — General Requirements Section 308.1.6: This new section was added to prohibit sky lanterns and similar devices. The California State Fire Marshal's office issued Information Bulletin 12-005 indicating that there is a serious fire and safety hazard associated with sky lanterns, which include the potential to start an unintended fire on or off the property from which they are released. They are known to travel significant distances from the point of release. The National Association of State Fire Marshals Resolution 2013-3 recommends imposing State level bans on their sale and use. Multiple fires have been reported to be linked to the use of sky lanterns including, but not limited to, a recycling plant fire in Smethwick, England which caused approx. $9M in damage and a wildfire in Shell Beach on the mountain above Pirates Code in San Luis Obispo County, CA. This is similar to the proposed amendment by Orange County Fire Authority. Chapter 4 - Emeraencv Planning and Preparedness Section 404.2 #16: This section has been carried over from the previous Ordinance No. 787. Due to the difficulty of access as well as evacuation issues in regards to these type of structures and topographical, geographical issues of where these structures may be located, it is necessary to provide provisions that will help in evacuation procedures to help ensure better fluidity of exiting. Chapter 5 - Fire Service Features Section 503.1.1: The new exception was added to correlate with a code amendment proposal to the 2015 International Fire Code for fire apparatus access requirements to photovoltaic facilities. The following justification is taken from the proposed amendment to the international Fire Code. "Exception two (other exceptions are existing and renumbered) is provided to address photovoltaic panel system/array power generation facilities. The 2012 IFC does not specifically require or exempt these 2 Attachment A types of facilities. This proposal intends to provide additional guidance to afford jurisdictions avenues to determine if a fire apparatus road is needed for hazard mitigation or if it can be exempted. Section 503 is specifically scoped to "buildings and facilities". Power generation sites that utilize a ground mounted photovoltaic system/array would not be considered a building. However, they would be considered a facility as defined in Section 202 and are therefore subject to Section 503. A ground mounted photovoltaic panel system/array is also considered a structure as defined in IFC Section 202. Although, where ground mounted photovoltaic panel systems/arrays are mounted on a support structure and the support structure does not create or allow for a use below (e.g. parking, lunch/shade structures, etc.), the structure should be considered equipment. Therefore, sound rational judgment should be made if IFC, Section 503 is to be applied to a solar generation facility. Not all conditions or facilities of similar type or function necessitate fire apparatus access roads and not all structures are subject to IFC Section 503. The IFC is not clear in its application or scope when applying Section 503 to equipment, specifically ground mounted photovoltaic systems/arrays. However, when other buildings or structures are located on the site, an evaluation and/or classification of the use may require fire apparatus access. Thus, consideration must be given to the purpose of fire apparatus access roads within these facilities and how the section would be applied. It is important to note that Section 503 does provide exceptions for length, dimensions, and other specifications based on conditions such as terrain, climate, or other similar concerns. Several issues arise when applying Section 503 to ground mounted photovoltaic systems/arrays. When considering the issues listed below, one should also consider other available code requirements that provide for appropriate hazard mitigation and risk reduction. Issues for consideration indude: 1. Risk/hazard to be mitigated 2. Risk/hazard to firefighters or other emergency responders 3. Interest of public safety and welfare 4. Economics 5. Intended access use 6. Fuel load of the facility and adjacent areas that impact the facility 7. Array configuration (tightly spaced, access aisles, height) 8. Actual hazard to public safety and welfare" Section 503.2.2: This section was relocated to Section 503.2.2 from the previous Ordinance No. 787, Section 503.8 to correlate with the current California Fire Code section. Section 503.3: This section has been carried over from the previous Ordinance No. 787. This section is further enhancement to Section 503.1 in ensuring proper identification of the Fire Lanes. Section 503.7: This section has been carried over from the previous Ordinance No. 787. This section provides additional width for apparatus access roads where utilized for loading/unloading or passenger drop off/pick up to prevent interference with operational access needs. Section 504.1: This section has been carried over from the previous Ordinance No. 787. This section is. amended to ensure that the site has .a fiat finished surface for ground ladder access which is not currently addressed in code and due to Riverside County's diverse topography is necessary to provide means for first responders to safely deploy ladders for rescue operations. Section 507.5.5: This new amendment was added to indude other exterior fire protection water supply appliances such as Fire Department connections, and other exterior fire protection system control valves, or any other exterior fire protection system component that may require immediate access. 3 Attachment A Section 507.5.7: This section was amended to define the size and quantities of outlets for residential standard, super hydrant standard, and super hydrant enhanced fire hydrants and that they shall be required as determined by the Fire Code Official. Section 507.5.8: The section was amended to give direction to reference Riverside County Fire Department Std. 06-11 for specific requirements for the installation of blue reflective markers for fire hydrants. Section 508.1: This section has been amended to require fire command centers for structures larger than 300,000 square feet in size. To put into context the Fire Command Center would be triggered when the buildings are approximately 2.5 times the typical Costco Warehouse store and approximately two times the size of a typical Walmart Supercenter. Large structures of this size pose numerous challenges to emergency responders due to the large amounts of fuel loads from the storage,, manufacturing and/or processing of flammable/combustible commodities and other processes within the building. Challenges include wide distribution of smoke throughout the structure, difficulty for firefighters to locate and reach the fire and difficulty in search and evacuation of the public, employees and firefighters. These structures typically require numerous fire protection, early suppression and detection systems that may include, but are not limited to, fire pumps, multiple fire sprinkler systems, advanced fire alarm systems, smoke control systems, and refrigeration gas detection system(s). During a fire, the incident commander must have the ability to readily identify the status of the various suppression and detection systems and have access to other building information details that may include, but not limited to, building floor plans, high-pile/rack storage details, smoke control/ventilation systems, fire sprinkler zoning details, mechanical refrigeration equipment and piping details, and hazardous materials data sheets along with quantities and storage/use locations. A fire command center provides a centralized location for the incident commander to review details about the building and the incident and to effectively coordinate emergency responders and suppression activities with increased efficiency and speed. The Riverside County Fire Department has experienced several incidents in buildings with and without Fire Command Centers. Incident Commanders found that having detailed information on built in fire protection systems and controls, building schematics and hazardous materials storage plans were vital towards mitigating the event. When this information was not available, firefighting personnel were forced to operate upon assumptions and much less information. In addition, this increased efficiency and speed results in facilities returning to operation more expeditiously after incidents or false alarms thereby reducing loss of revenue for the business. Section 606.10.1.2: This section has been amended to specify the location of manual crossover valves when manual operation Is required by the Fire Code Official. The amendment specifies that the manual valves shall be located in an approved location immediately outside of the machinery room, in a secure metal box or equivalent and marked as Emergency Controls. This is to ensure that the valves are in readily accessible location(s) for access during an emergency. Section 903.2: This section has been carried over from the previous Ordinance No. 787. The amendment requires a base square footage requirement for all new commercial, industrial, and residential occupancies other than one- and two-family dwellings. Though the amendment includes a reference to the requirement for one- and two-family dwellings, the authority for residential fire sprinkler requirements resides in Title 24, Part2.5 [2013 Califomia Residential Code]. Automatic sprinkler systems have been successfully used to protect industrial and commercial buildings and their occupants for more than 100 years. Historically the place which has offered the least amount of fire protection to occupants was and still is their own home. This was brought to light in 1973 by the Report of the National Commission on Fire Prevention and Control, America Burning. At the time of the. report approximately 8,000 people died in structure fires every year in the United States. Nine out of ten of those victims died in their home. In the 25 years since America Burning was published the number of lives lost in fires in the United States has decreased to approximately 4,000 per year. Unfortunately 8 out of 10 victims still died in a residential structure fire. While residential sprinkler installations are increasing, it is estimated that less than 3 % of the one and two family homes in the United States have them installed. 4 Attachment A Another aspect of the residential fire problem involves the demographics of residential fire fatalities. Children 4 years of age and under and adults 60 years of age and older are more likely to die in a fire than other segments of the population. For adults over 60, the risk increases significantly with age. Because these high-risk groups may depend on assistance to exit the dwelling, "anything less than automatic suppression may not be enough to save them". Another group that can benefit from the use of residential sprinklers is firefighters. The majority of firefighter deaths and injuries on the fire ground occur at residential fires. National Fire Administration. It shows that approximately 73% of firefighter fire ground injuries occur at residential fires. Twice as many firefighters are injured each year performing fire ground duties as there are fire injuries to the civilian population (43,000 vs. 23,100 in 1998) from reported fires. It is important to recognize that, in addition to their fast -response characteristics, residential sprinklers have a special water distribution pattern. Because the effective control of residential fires often depends on a single sprinkler in the room of fire origin, the water distribution pattern of residential sprinklersis required to be more uniform than that of standard spray sprinklers, which in large areas can rely upon the overlapping patterns of several sprinklers to make up for voids. Additionally, residential sprinklers are required to wet sofas, drapes, and similar furnishings at the periphery of the room. In their discharge patterns, therefore, the sprinklers must not only be capable of delivering water to the walls of the areas where they are installed, but high enough up on the walls to prevent the fire from getting "above" the sprinklers. The water delivered close to the ceiling not only protects the portion of the wall dose to the ceiling, but also enhances the capacity of the spray to cool gases at the ceiling level, thus reducing the likelihood of excessive sprinkler openings. AWWA Research Foundation has published the following report: Impact of Fire Flow on Distribution System Water Quality, Design, and Operation. This report condudes the following: "Water -efficient fire suppression technologies exist that use Tess water than conventional standards. In particular, the universal application of automatic sprinkler systems provides the most proven method for reducing loss of life and property due to fire, while at the same time providing faster response to the fire and requiring significantly less water than conventional fine -fighting techniques. It is recommended that the universal application of automatic fire sprinklers be adopted by local jurisdictions." Aside from firefighting and explosion fatalities, there has never been a multiple loss of life in a fully sprinklered building due to fire or smoke. AU fire protection features have a reliability factor. Walls and shafts can be breached by means of poke-throughs and building alterations. Exit doors can be blocked or locked. The Califomia Residential Code is requiring that all one and two family dwellings be protected by sprinklers. It is still imperative, based on the geographical, topographical, climatic diversity of Riverside County, to continue to protect all structures greater than 3,600 sq. ft. by Fire Sprinklers, to ensure faster suppression to those occupancies that would not normally be required to be protected which would exhaust a number resources induding water which climatically is so precious to our environment as a whole. It will provide for less run off into ground water due to suppression activities and less pollutants into the environment. Mobile homes are a part of the American landscape. In 2007 alone, more than 95,000 manufactured homes were shipped nationwide. Manufactured housing also accounts for approximately 10 percent of the single-family structures in the United States. Despite the fact that we drive by them, respond to medical calls in them, and sometimes live in them, we often overlook mobile homes when it comes to training and prefire planning. However, as the deaths of two firefighters in Craigsville, West Virginia, showed, mobile homes can pose significant, and sometimes deadly, challenges. The burning mobile home is a less -than -stable platform, making search and possible rescue of occupants even more dangerous. The exterior walls are flimsy compared with those of most site -built homes. The narrow halls complicate search. If the first -due engine pulls up and the mobile home is burning from end to end, the firefighting strategy has already been decided. The fire must be knocked down in order to move in. If the 5 Attachment A home is in a mobile home park, again, protecting exposures is vital. Radiant heat can ignite the homes nearby. Fire sprinklers can prevent the flashover from occurring and in many cases put the fire out and save valuable resources in the process, such as water, personnel, and environmental clean up, limited displacement into County shelter(s), and less inconvenience to the family. The mobile home, because of its construction defects, requires fast water. The U.S. Fire Administration says mobile homes account for 17,700 fires, hundreds of deaths and $155 million in property losses during a typical year. An estimated 345 people die in mobile home fires and another 765 are injured each year, according to the agency's website. The roof, for example, bums through more quickly than a typical residential roof and is not safe for firefighters. Mobile home fires can quickly grow out of control, because there's not as much wallboard and drywall, and there are fewer walls to keep the fire from spreading. Consider the benefits: Consider this: a single firefighter using a normal 1-1/2" fire hose can be applying between 175-400 gallons of water per minute when attempting to extinguish a fire. On the other hand, a single fire sprinkler will be flowing only 18- to 40- gallons of water per minute. This means that over a 5 - minute period, the following quantities of water are used: Fire-fighter with 1-1/2" hose: 175 gpm x 5 minutes = 875 gallons of water 400 gpm x 5 minutes = 2,000 gallons of water Fire sprinkler system: 18 gpm x 5 minutes = 90 gallons of water 40 gpm x 5 minutes = 200 gallons of water A residential fire sprinkler is a fast response sprinkler, making the time of activation much less than that of a conventional fire sprinkler. Additionally, the special discharge characteristics of a residential sprinkler allow it to throw water within 28 inches of the ceiling. This high wall -wetting pattern, along with the fast response, helps the residential sprinkler control or suppress typical residential fires using water flows much lower than those associated with traditional commercial sprinkler systems. The record for automatic fire sprinklers is based on the simple fact that there has never been a multiple death of building occupants from a fire developing in a building protected by an automatic fire sprinkler system properly installed and maintained in accordance with nationally recognized standards (NFPA 13, 13D, 13R, and NFPA 25). Section 903.3.5: The section has been added to codify the long standing Department requirement that all hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity. The 10% buffer in the hydraulic calculation is a common engineering business practice that gives some flexibility to account for system water pressures that may decrease as additional demands are placed on the water system from additional construction or as the system ages. Section 3204.2: This section has been carried over from the previous Ordinance No. 787. By requiring client leased or occupant owned warehouses to have a technical report completed by a fire protection engineer, it will minimize problems concerning commodity and sprinkler protection. By having an engineer complete a technical report for the proposed or existing building it will provide greater certainty that adequate protection for the commodities that are proposed will be sufficient. By not having adequate sprinkler protection, it could be detrimental to the building and could also cause loss of life in the event of a fire. Geographically this can be a significant problem due to the seismic activity that Riverside County experiences. The Engineer can assess the adequate protection for the correct commodity dassifications, ensure the correct seismic provisions are in place for the type of system to be installed, and provide a professional assurance to a very volatile type of occupancy. It takes a vast number of resources to extinguish a fire of this type. By adding this requirement, it will ensure an added level of safety. Section 4904.3: This section has been carried over from the previous Ordinance No. 787. This section was required under State Law, Section 51178.5. 6 Attachment A Within 30 days after receiving a transmittal from the director that identifies very high fire hazard severity zones, a local agency shall make the information available for public review. The information shall be presented in a format that is understandable and accessible to the general public, including, but not limited to, maps. Section B-105.2 of Appendix B, Exception 1: This section has been carried over from the previous Ordinance No. 787. The amended Ordinance No. 787 text has been moved from the body of Section B- 105.2 to Exception 1 to properly correlate to the percentage reduction in fire flow for sprinkler systems. This allows the fire department to still have adequate fire flow mitigation with sprinkler protection and not jeopardize main distribution systems by inadequately under sizing them and have costly upgrades for future projects. With the geographical diversity that the County has it is mandatory that this requirement be added to ensure adequate water in the event of a fire. Section C102.1: This new amendment has been added to clarify the additional location of fire hydrants to be at intersections. This requirement has been standard policy within the county for many years. Appendix Chapter D: This chapter is not mandatory and not adopted and has been carried over from the previous Ordinance No. 787. Appendix Chapter I: This chapter is not mandatory and not adopted and has been carried over from the previous Ordinance No. 787. Appendix Chapter J: This chapter is not mandatory and has not been. adopted. Appendix Chapter K: This Chapter is not mandatory and has not been adopted. Attachment A FINDINGS I. Climatic Conditions: A. Riverside County is located in Southern California and covers a vast and varied geographic area. The base climate in western Riverside County consists of semi- arid Mediterranean weather patterns. Eastern Riverside County is a desert area with Mohave Desert temperatures and weather patterns. Those two primary areas are divided by the San Bernardino Mountain Range. Both areas outside of the mountain terrain annually experience extended periods of high temperatures with little or no precipitation. Hot, dry winds, which may reach speeds of 70 M.P.H. or greater, are common to the area. Examples are: Santa Ana/ Foehn winds, afternoon surface -heating generated winds, and prevailing desert winds. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration) which necessitates rapid identification, locating and extinguishment of all fires in the smallest stage possible. In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, will greatly impact the response time to reach an incident scene. During these winds, the inability to use aerial type firefighting apparatus would further decrease our ability to stop fires in large buildings and place rescue personnel at increased risk of injury. B. Although Riverside County occasionally experiences periods of significant drought, the County can also experience periods of substantial rainfall. Annual rainfall varying from three (3) inches in Blythe to over thirty three (33) inches in Pine Cove. When Riverside County does experience heavy rain, or rain over 'a period of days or weeks, many areas of . the County are subject to flooding. Runoff from rain drains either naturally into rivers, washes, and creeks or into flood control facilities. Flash flooding is also a common problem, especially in the Coachella Valley and the easterly portions of the county. Flash flooding is typically associated with short duration, high intensity precipitation events often associated with summer thunderstorms. Such events can occur even during a drought. C. Water demand in densely populated Southern California far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already -taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features. It would also leave tall buildings vulnerable to uncontrolled 8 Attachment A fires due to a lack of available water and an inability to pump sufficient quantities of available water to floors in a fire. D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinlder systems and other fire protection features such as identification and notification will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinlder systems will also reduce the use of water for firefighting by as much as 50 to 75 percent. II. Topographical conditions A. Natural: The topographical conditions of Riverside County varies from three hundred (300) feet below sea -level, flat desert communities, to mountains over ten thousand (10,000) feet in Alpine -like areas of the San Bernardino Mountain Range. In between these areas, developable slopes of 25 percent and greater generally occur throughout the foothills. Riverside County extends from Orange County to the State of Arizona and is mixed with congested urban areas, rural lands and wild lands. A. large number of sensitive habitats for various animal species and vegetation consist within large open space areas between major urban centers that impact building and structure location, which impedes emergency access and response. This variety in regions contributes to an increased emergency response time, which necessitates cooperation between local agencies. B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Riverside County. C. These topographical conditions combine to create a situation, which places fire department response time to fire occurrences at risk, and makes it necessary to provide automatic on-site fire -extinguishing systems and other protection measures to protect occupants and property. III. Geological Conditions Located within Riverside County are several known active and potentially active earthquake faults, including the San Andreas, San Jacinto, and Elsinore Fault. In the event of an earthquake, the location of the epicenter as well as the time of day and season of the year would have a profound effect on the number of deaths and casualties, as well as property damage. The major form of direct damage from most earthquakes is damage to construction. Bridges are particularly vulnerable to collapse, and dam failure may generate major downstream flooding. Buildings vary in susceptibility, dependent upon construction and the types of 9 Attachment A soils on which they are built. Earthquakes destroy power and telephone lines; gas, sewer, or water mains; which, in turn, may set off fires and/or hinder firefighting or rescue efforts. The hazard of earthquakes varies from place to place, dependent upon the regional and local geology. Ground shaking may occur in areas 65 miles or more from the epicenter (the point on the ground surface above the focus). Ground shaking can change the mechanical properties of some fine grained, saturated soils, where upon they liquefy and act as a fluid (liquefaction). A. Previous earthquakes in southern California have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings. B. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design accompanies with occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Riverside County that naturally have extended emergency response times that exceed the 5 minute goal. California Health and Safety Code Section 17958.7 requires that the modification or change be expressly marked and identified as to which each finding refers. Therefore the Board of Supervisors finds that the following table sets forth the 2013 California Fire Code sections that have been modified and the associated local climatic, geological and/or topographical conditions described above supporting the modification. 10 Attachment A Code Section Title (Clarification) Findings I, II, 11I 103.4.2 Cost Recovery Administrative 104.2.1 Fees Administrative 104.3.2 Authority of the Fire Chief and Fire Department Administrative 104.12 Authority of the Fire Chief Administrative 109.4 Violation penalties Administrative 202 General definitions Administrative 308.1.6.3 Sky lanterns or similar devices 1 & Ili 404.2 Fire safety and evacuation plans Administrative 503.1.1 Fire apparatus access roads (Exception) 1, 11 & 111 503.2.2 Fire apparatus access roads (Authority) 1, II & ill 503.3 Fire apparatus access roads (Marking) 1,11 & 111 503.7 Loading areas and passenger drop-off areas I, 11 & 111 504.1 Access to building openings and roofs 1, 11 & III 507.5.5 Clear space around hydrants 1,11 & Ill 507.5.7 Fire hydrant size and outlets 1, !I& III 507.5.8 Fire hydrant street marker I, 11 & III 508.1 Fire command center I, II & III 606.10.1.2 Manual operation 11 & III 903.2 Where required (Sprinklers) I, 11 & 111 903.3.5.3 Hydraulically calculated systems I & 11 3204.2.1 Min. requirements for client leased or occupant owned warehouses ; I, II & Ill 4904.3 High fire hazard severity zone maps Administrative 8105.2 Buildings other than one- and two-family dwellings (Exception 1) !, II & III C102.1 Fire hydrant locations I, I! & 111 App. Ch. D Fire apparatus access roads Administrative App. Ch. I Fire protection systems - noncompliant conditions Administrative App. Ch. J Building information sign Administrative App. Ch. K Temporary haunted houses, ghost walks, and similar amusement uses Administrative 11 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 98876 - FIRE CODE State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of Califomia; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: January 10, 2014 Executed on: 01/10/2014 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature City of Beaumont LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, January 21, 2014 in the room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIAAMENDING CHAPTER 15.20 FIRE CODE OF THE BEAUMONT MUNICIPAL CODE Every three years the State of Califomia adopts a new California Fire Code, as part of the Califomia Building Standards Code. The International Fire Code has been published and adopted, as amended by the Califomia Building Standards Commission into the Califomia Code of Regulations as Title 24, Part 9, titled the California Fire Code. The City of Beaumont/Riverside County may establish more restrictive standards reasonably necessary to provide fire protection for life and property because of local climatic, geological or topographical conditions. Date: December 19, 2013 Richard Homer Assistant Fire Marshal Publish one time only in the Record Gazette on January 10, 2014 Published in The Record Gazette No. 98876 01/10, 2014 CITY T 5500 E.. 6TH STREET BEAUMONT, CA 92223 M E D 1 A S P A N (951)769-8520 40L1 133 Charlene Hunter Customer #00008835 , Class Uner Order #00100478 ADTAKING Summary Find ( Cancel Reminders New— Ad Cost OTHER Graphics Library Logout A c, Tax: (Circe One -- Line 2 and 3) Goods Freight Food nv — Sales Tax Charged? YES NO If yes, Stop - If no, Calculate X -Rate Tangible Goods Arnt $�_ X 8.75% +Freight Total $ _.--_--__--____BFA Sales Tax # 0000-1100 Cost Adjustments Tax Net Payments Amount Due User -Defined Cost User -Defined Cost Customer 0.00 Receipts and Job Tickets Download Receipt Download Job Ticket 77.63 0.00 0.00 77.63 0.00 77.63 Show: To Name To Address -Malt Receipt RECORD GAZETTE P.O. BOX 727 BANNING, CA 92220 Preview Copyright O 2009 MediaSpan Media Software. All rights reserved. City of Beaumont LEGAL NOT CE NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, January 21, 2014 at 550 E. 6th Street Beaumont, Cali- fornia 82223, to receive tes- timony and commeris Iran all interested persors re- garding the adoption of the (drawing matter(s): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEA UMCNT, CALIFORNIA AMENDING CHAPTER 1520 FIRE CODE OF THE BEAU- MONT MUNICIPAL CODE Every three years the State of Canada adopts a new California Fire Code, as part of the California Build- ing Standards Code. The Intemalimal Fire Code has been published and adopted, as amended by the California Building Stan- dards Cammisslon into the California Code of RegUa tions as Title 24, Part 9, ti- tled the CalUamia Fire Code. The Qty of Beau- matt/Riverside County may establish more restrictive standards reasonably nec- essary to provide fire pro tectiat for life and property because of local climatic, geological or topographical condtions. Ordinance No. 1039 was adopted at its second reading on Febru- ary 4, 2014 by the following vote: AYES: Berg. Castaldo, De Forge, and Knight NOES: None ABSTAIN: Nate ABSENT: Nale Date: February 11, 2014 Richard Homer, Assistant Fire Marshal Publish one time only On February 14.2014 Published In The Record Gazette No. 100478 02114, 2014 M� Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 100478 -FIRE CODE -ORD. # 1039 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of Califomia; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: February 14, 2014 Executed on: 02/14/2014 At Banning ,CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. City of Beaumont LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, January 21, 2014 at 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 15.20 FIRE CODE OF THE BEAUMONT MUNICIPAL CODE Every three years the State of California adopts a new Califomia Fire Code, as part of the Califomia Building Standards Code. The International Fire Code has been published and adopted, as amended by the Califomia Building Standards Commission into the Califomia Code of Regulations as Title 24, Part 9, titled the Califomia Fire Code. The City of Beaumont/Riverside County may establish more restrictive standards reasonably necessary to provide fire protection for life and property because of local climatic, geological or topographical conditions. Ordinance No. 1039 was adopted at its second reading on February 4, 2014 by the following vote: AYES: Berg, Castaldo, De Forge, and Knight NOES: None ABSTAIN: None ABSENT: None Date: February 11, 2014 Richard Homer, Assistant Fire Marshal Publish one time only on February 14, 2014 Published in The Record Gazette No. 100478 02/14,2014 ORDINANCE NO. 1043 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING CHAPTER 5.62 OF THE BEAUMONT MUNCIPAL CODE RE: THE PROHIBITION OF MEDICAL MARIJUANA DISPENSARIES, ETC. IN THE CITY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1. Purpose. The purpose of this Ordinance amending Chapter 5.62 of the Beaumont Municipal Code is to enact a complete and total prohibition of the cultivation of marijuana within the City of Beaumont. Section 2. Findings. 1. The cultivation of marijuana, whether for medical purposes or for recreational use, has significant impacts or the potential for significant impacts on the City. 2. These impacts include damage to residences and other buildings, dangerous electrical alterations and use, inadequate ventilation, increased robberies and other crime, and the nuisance of strong and noxious odors. 3. The Compassionate Use Act of 1996 (California Health and Safety Code 11362.5), which was enacted by the voters of the State of California, has a very limited purpose: to decriminalize otherwise unlawful possession and cultivation of marijuana for certain medical purposes under certain limited and specified circumstances. As subsequently determined by the California Supreme Court, neither the Compassionate Use Act (CUA) nor the subsequently enacted Medical Marijuana Program (MMP) by the State Legislature (Health and Safety Code 11362.7 et seq.) has achieved their stated goals; instead, most use of marijuana is recreational, not medical. Moreover, neither the Act nor the MMP grants any California citizen the "right" to use marijuana for any purpose. 4. The possession and cultivation of marijuana remains illegal under federal law, and the City Council does not wish to violate federal law. Section 3. Amendment of Chapter 5.62 of the Beaumont Municipal Code. Chapter 5.62, entitled "Prohibition of Medical Marijuana Dispensaries, Cooperatives, Collectives and the Cultivation of Marijuana" is hereby amended in its entirety as more specifically set forth on Exhibit A, which Exhibit is attached hereto and made a part hereof. Section 4. California Environmental Quality Act Findings. Upon independent review and consideration of the information contained in the Staff Report and the Notice of Exemption for this Ordinance, the City Council hereby finds and determines that the this Ordinance does not have the potential for causing a significant effect on the environment. Accordingly, the City Council finds and determines that this Ordinance is 1 exempt from California Environmental Quality Act ("CEQA", Public Resources Code § 21000 et seq.) pursuant to the general rule in Section 15061(b)(3) of the CEQA Guidelines (Chapter 3, of Title 14, of the California Code of Regulations) that CEQA applies only to projects which have the potential for causing a significant effect on the environment and thereby the City Council approves and adopt the Notice of Exemption. The City Council further directs Staff to file the Notice of Exemption, as authorized by law. Section 5. Severabilit Should any provision, section, paragraph, sentence or word of this Ordinance, or any part thereof, is for any reason found to be unconstitutional, invalid or beyond the authority of the City of Beaumont by a court of competent jurisdiction, such decisions shall not affect the validity or effectiveness of remaining portions of this Ordinance. Section 6. Effective Date of the Ordinance In accordance with California Government Code §36937, this Ordinance shall take effect and be in force thirty (30) days from passage and adoption. Section 7. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published and posted as required by law. MOVED AND PASSED upon first reading this 18th day of February, 201ij by the following roll call vote: AYES: Berg, Castaldo, De Forge, Knight NOES: None ABSTAIN: None ABSENT: Fox MOVED, PASSED AND ADOPTED this 4th day of March, 2014 upon second reading by the following roll call vote: AYES: Berg, Castaldo, De Forge, Knight NOES: None ABSTAIN: None ABSENT: Fox ATTEST: Deputy City CI i k 10 CITY OF BEAUMONT 2 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No.1043 duly introduced at a regular meeting of the City Council of the City of Beaumont held on February 18, 2014, and was duly adopted upon a second reading on March 4, 2014, by the roll call votes indicated therein. CITY OF BEAUMONT By (SEAL) Deputy City Clerk 3 EXHIBIT A Chapter 5.62 PROHIBITION OF MEDICAL MARIJUANA DISPENSARIES, COOPERATIVES, COLLECTIVES AND THE CULTIVATION OF MARIJUANA Sections: 5.62.010 Purpose 5.62.020 Definition 5.62.030 Medical Marijuana Dispensaries, Cooperatives and Collectives Prohibited 5.62.040 Violation and Enforcement 5.62.010 Purpose. It is the purpose and intent of this Chapter to prohibit the opening, establishment and operation of Medical Marijuana Dispensaries, Cooperatives and Collectives, and to prohibit the cultivation of marijuana within the City of Beaumont. 5.62.020 Definitions. A. "Medical Marijuana Dispensary" "Medical Marijuana Cooperative" or "Collective" or "Medical Cannabis Dispensary" means any facility or location, whether fixed or mobile, where medical marijuana is made available to, distributed by, or distributed to, one or more of the following: a qualified patient, a person with an identification card, or a primary caregiver, in accordance with California Health and Safety Code section 11362.5 et seq., as amended. A "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 and 11362.775 et seq.. B. "Cultivation" means to farm, till, work or develop marijuana, whether within a structure completely or partially enclosed, or outdoors. 5.62.030 Medical Marijuana Dispensaries, Cooperatives, Collectives and Cultivation Prohibited. A. Medical Marijuana Dispensary, Cooperative or Collective is not a permitted use and is prohibited in all zones throughout the City. No permit or any other license or entitlement for use, nor any business license, shall be approved or issued for the establishment, 1 maintenance or operation of a Medical Marijuana Dispensary, Cooperative or Collective within the City. B. The cultivation of marijuana by any person, including primary caregivers and qualified patients, collectives, cooperatives or dispensaries is prohibited in all zones throughout the City. No permit or any other license or entitlement for use, nor any business license shall be approved or issued for the cultivation of marijuana within the City. C. The cultivation of marijuana and the establishment, maintenance or operation of a Medical Marijuana Dispensary, Cooperative or Collective within the City is declared to be a public nuisance and may be abated by the City either pursuant to Chapter 8.32 of the Beaumont Municipal Code or any other available legal remedies including, but not limited to, declaratory relief and civil injunctions. 5.62.040 Violation and Enforcement. The establishment, maintenance or operation of a Medical Marijuana Dispensary, Cooperative or Collective or the cultivation of marijuana in violation of or in non-compliance with any of the requirements of this Chapter or applicable provisions of the Beaumont Municipal Code shall be subject to any enforcement remedies available under the law and/or the Beaumont Municipal Code including, but not limited to, Chapter 1.17 and Chapter 8.32. In addition, the City may enforce the violation of this Chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction or by any other means authorized under the law. 2 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 100209 -AMENDING CHAPTER 5.62 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: February 7, 2014 Executed on: 02/07/2014 At Banning , CA 1 ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature City of Beaumont LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, February 18, 2014 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): An Ordinance of the City Council of the City of Beaumont, California Amending Chapter 5.62 To Prohibit the Cultivation of Marijuana in the City of Beaumont. Chapter 5.62 presently prohibits Medical Marijuana Dispensaries. This ordinance is proposed to also prohibit the cultivation of marijuana within the City. Dated: February 4, 2014 Sean Thuilliez Commander, Police Department Published in The Record Gazette No. 100209 02/07, 2014 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 101570 - AMENDING CHAPTER 5.62 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of Califomia; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: March 14, 2014 Executed on: 03/14/2014 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature City of Beaumont LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, February 18, 2014 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): AN ORDINANCE OF THE CITY COUNCIL OF THECITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 5.62 OF THE BEAUMONT MUNICIPAL CODE RE: PROHIBITION OF MEDICAL MARIJUANA DISPENSARIES, ETC. IN THE CITY It is the purpose and intent of this Ordinance to amend Title 5 of the Beaumont Municipal Code which prohibits cultivation of marijuana within the City of Beaumont. Ordinance 1043 was adopted at its second reading on March 4, 2013 by the following vote: AYES: Mayor Knight, Council Members Castaldo, De Forge, Berg NOES: None ABSTAIN: None ABSENT: Council Member Fox Date: March 10, 2014 Josh Ellsworth Police Sergeant Publish one time only in the Record Gazette on March 14, 2014 Published in The Record Gazette No. 101570 03/14, 2014 To: From: Approval: Agenda Date: Subject: AGENDA ITEM i` b Mayor and City Council Police Department City Manager March 4, 2014 AN ORDINANCE AMENDING SECTION 5.62 OF THE BEAUMONT MUICIPAL CODE RE: THE PROHIBITION OF MEDICAL MARIJUANA DISPENSARIES, ETC. IN THE CITY Background/ Analysis: On June 4, 2013 the City Council added Section 5.62 to the Beaumont Municipal Code prohibiting Medical Marijuana Dispensaries, Cooperatives, and Collectives within the city limits. The proposed section will prohibit the actual cultivation of marijuana within the city limits. The cultivation of marijuana, whether cultivated indoors or outdoors, presents a safety hazard to neighborhoods, children, animals, and families. The odor from the plants permeates the neighborhoods and impacts adjacent properties. The risk of chemicals and fertilizers reaching our sewer system and our groundwater poses further risk to the safety of the public and the public infrastructure and will greatly affect the livelihood and safety to all neighborhoods, business districts, patrons and residents within the City of Beaumont. Fiscal Impact: Any fiscal impact related to the enforcement of this ordinance will be absorbed into the police department's current operating budget. Action: 1. Receive Staff Report 2. Hold a Public Hearing Options: 1. Approve the 2nd Reading of the ordinance as presented 2. Approve the 2nd Reading of the ordinance with modifications 3. Continue the Ordinance 4. Deny the Ordinance ORDINANCE NO. 10 4 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA REPEALING CHAPTER 8.13 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "MANDATORY RECYCLING OF CONSTRUCTION AND DEMOLITION WASTE" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 8.13, entitled "Mandatory Recycling of Construction and Demolition Waste", is hereby repealed in its entirety. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 1st day of April , 2014, by the following roll call vote: AYES: Berg, Castaldo, De Forge, Knight NOES: None ABSTAIN: None ABSENT: Fox MOVED, PASSED AND ADOPTED this 15thday of April , 2014, upon second reading by the following roll call vote: AYES: Berg, Castaldo, De Forge, Fox, Knight NOES: None ABSTAIN: None ABSENT: None ATTEST: Deputy City Cl CITY OF BEAUMONT 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 10 4 4 duly introduced at a regular meeting of the City Council of the City of Beaumont held on 4 /1 /1 4 , 2010, and was duly adopted upon a second reading on 4 /1 5 /1 4 , 2014, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT By Deputy City Clerk 2 ORDINANCE NO. 1 0 4 5 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT REPEALING ORDINANCE NO. 762 PROVIDING FOR A WATER FACILITIES FEE WHEREAS, on July 8, 1996 the City Council enacted Ordinance No. 762, an Ordinance Establishing a Water Facilities Fee within the Southwest Properties Benefit District to finance the cost of construction of water improvements; and WHEREAS, the fees authorized pursuant to Ordinance No. 762 are no longer needed for the reason that the facility is no longer necessary and has been replaced with another facility to serve the area of benefit. NOW, THEREFORE, the City Council of the City of Beaumont does ordain as follows: Section 1: Repeal. Ordinance No. 762 is hereby repealed in its entirety. Section 2. Effective Date. This Ordinance shall be in full force and effect 30 days from and after its adoption. MOVED, PASSED AND APPROVED this 1 s t day of Apr i 1 call vote: AYES: Berg, Castaldo, De Forge, Knight NOES: None ABSTAIN: None ABSENT: Fox , 2014, by the following roll MOVED, PASSED AND ADOPTED this 1 5 thday of April , 2014, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Berg, Castaldo, De Forge, Fox, Knight None None None CITY OF BEAUMONT 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. a reigular meeting of the City Council of the City of Beaumont held on and was duly adopted upon a second reading on 4/15/14 votes indicated therein. (SEAL) 1045 duly introduced at CITY OF BEAUMONT By , 2014, by the roll call City Clerk 2 ORDINANCE NO. 762 AN ORDINANCE OF THE CITY OF BEAUMONT ESTABLISHING A WATER FACILITIES FEE WITHIN THE SOUTHWEST PROPERTIES BENEFIT DISTRICT TO FINANCE THE COST OF CONSTRUCTION OF WATER IMPROVEMENTS WHEREAS, the City Council of the City of Beaumont on May 13, 1996 adopted Resolution No. 1996-25 declaring its intention to impose certain fees with respect to property within the area of benefit within the boundaries of the territory, more particularly identified on Exhibit A hereto (the "Area of Benefit") for the purpose of defraying the actual or estimated cost of constructing water improvements known as the Southwest Properties Waterline Project (as more particularly defined below, the "Improvements"); and WHEREAS, pursuant to said Resolution, Monday, June 10, 1996 and Monday, June 24, 1996 at 6:00 o'clock p.m., in the regular meeting place of the City Council, 550 East Sixth Street, Beaumont, California, were appointed as the time and place for a public meeting and for a public hearing, respectively, in relation to the proposed boundaries of the Area of Benefit of the Improvements, the estimated cost of the Improvements, the proposed method of allocation of the costs to the Area of Benefit, and the apportionment of fees, notices of which meeting and hearing were duly and regularly posted, mailed and published as required by the California Government Code; and WHEREAS, said meeting and hearing were duly and regularly held and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said boundaries, the estimated costs of the Improvements, the proposed method of allocation of the costs and the apportionment of fees were fully heard and considered by the City Council of the City of Beaumont and all protests, both written and oral, were duly heard and considered; THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: Section 1. Purpose. The purpose of this ordinance is to make provision for assessing and collecting fees, herein referred to as "water facilities fees," as a condition of issuing a permit for development of any portion of land which is benefitted by the acquisition and construction of the Southwest Properties Water Project (as described in Exhibit A hereto and in the Capital Improvement Plan for Fiscal Year 1995-96, as amended) (the "Improvements") for the purpose of defraying the actual or estimated costs of construction of the Improvements. Section 2, Definitions, Whenever the following words are used in this ordinance, they shall have the following meaning: a. "Construction" means design, acquisition of right-of-way, administration of construction contracts and actual construction and such other items as may be authorized by laws of the State of California. b. "Improvements" means water improvements known as the Southwest Properties Waterline Project as further described in the Capital Improvement Plan for Fiscal Year 1995-96, as amended, for the area delineated in a map showing the boundaries of the area of benefit and the location of such improvements (the "Area of Benefit") and which Capital Improvement Plan contains an estimate of the total costs of construction of the Southwest Properties Waterline Project. Section 3. Payment of Fee Required, Fees for such purpose shall be imposed upon new construction within the Area of Benefit and shall be imposed and payable as a condition of issuing a building permit. As authorized by Section 66007 of the California Government Code, the City has determined that the fees will be collected for Improvements to be paid for from the Water Facilities Fund and for which moneys are being appropriated and for which the City has adopted a proposed construction schedule or plan prior to final inspection or issuance of the certificate of occupancy and the fees or charges are to reimburse the City for expenditures which will have been previously made. Section 4. Map, The map of the Area of Benefit to pay for the costs and expenses of the water improvements showing the general nature, location and extent of the proposed Improvements and showing the boundaries of the territory containing the lands proposed to be charged with fees to pay the costs and expenses of the proposed Improvements entitled. S. W. Properties Waterline Project (the "Map of the Area of Benefit") is hereby approved and adopted in the form attached hereto and made a part hereof as Exhibit A. Section 5. Wiling of Map, The original map of the Area of Benefit and one copy thereof shall be filed in the Office of the City Clerk and in the records of the Department of Planning and Engineering of the City. Section 6, Governing for Details, The Map of the Area of Benefit shall govern for all details as to the extent thereof. Section 7. Certification of Adoption. A Certificate evidencing the date and adoption of this ordinance shall be endorsed on the original Map on the Area of Benefit and on at least one copy thereof. Section S. Fees., The fees to be imposed upon each parcel of property within the Area of Benefit are set forth on Exhibit B attached hereto and made a part hereof. Section 9. Purpose of Fees. The fees shall be used for the purpose of defraying the actual or estimated cost of the Improvements. Section 10. Pstimated Costs. The estimate of the costs of the acquisition and construction of the Improvements, as contained in the Capital Improvement Plan, is $700,000 and the City Council of the City of Beaumont hereby finds and determines that, of said amount, approximately $380,000 shall be paid through the imposition and collection of fees pursuant to the Ordinance. Section 11, Apportionment of Costs, The City Council of the City of Beaumont hereby determines that subdivision and development of property within the planned local area will require construction of the Improvements and that the fair method of apportionment of the costs of the Improvements to the Area of Benefit and the method of apportionment of the fees shall be as set forth in Exhibit B hereto based on equivalent dwelling units and linear feet of front footage. The City Council of the City of Beaumont hereby finds and determines that the fees are fairly apportioned within the Area of Benefit on the basis of the need for such Improvements created by the proposed subdivision and development of property within the Area of Benefit. The City Council further finds and determines that there is a reasonable relationship between (I) the fee's use and the types of development projects on which the fee will be imposed and (ii) the need for the Improvements and the types of development projects on which the fee will be imposed. Section 12, Improvements Are In Addition to Existine Water Facilities The Improvements are in addition to existing water facilities serving the Area of Benefit at the time of adoption of the Resolution of Intention. Section 13. )Establishing Area of Benefit - Hearing Required. A public hearing has been held by the City Council of the City of Beaumont at which time the boundaries of the Area of Benefit, the costs, whether actual or estimated, a fair method of allocation of costs to the Area of Benefit and fee apportionment, and the fee to be collected were considered. Notice of the public hearing was given pursuant to the Government Code and included preliminary information related to the boundaries of the Area of Benefit, estimated cost and the method of fee apportionment. The City Clerk caused mailed notice of the public hearing and preliminary information related to the boundaries of the Area of Benefit, estimated costs of the Improvements and method of fee apportionment to be given as follows: (a) to all persons owning real property within the boundaries of the Proposed Area of Benefit, as shown on the late equalized Assessment roll; (b) to each local agency expected to provide water, sewer, streets, Roads, schools or other essential facilities or services to the Area of Benefit, whose ability to provide those facilities and Services may be significantly affected by the Improvements; and (c) to any interested party who files a written request with the City for mailed notice of the meeting on new or increased fees or service charges. In addition, the City Clerk caused notice of the public hearing and preliminary information relating to the boundaries of the Area of Benefit, estimated costs of the Improvements and method of fee apportionment to be published and posted as follows: (a) Published twice in the Community Advisor, a newspaper of General circulation within the City at least fourteen (14) days prior to the public meeting; and (b) Posted fourteen (14) days prior to the public meeting in at least three (3) public places within the boundaries of the City including one public place within the Area of Benefit. Section 14. Establishing Area of Benefit. The City Council of the City of Beaumont hereby finds that a majority protest has not been made and hereby determines to confirm the Area of Benefit and the other determinations as set forth herein and to adopt the ordinance. The City Council of the City of Beaumont shall announce its decision by resolution. There are hereby established by this ordinance fees for the purpose of defraying the actual or estimated cost of constructing the Improvements as described in this ordinance. Such apportioned fees shall be applicable to all property within the Area of Benefit and shall be payable as set forth in Section 3 hereof. Section 15. Calculation of Fee. The calculation of any water fee required to be paid under the provisions of this Ordinance shall be based upon the fee schedule in effect at the tune of actual payment. Section 16. Water Facilities Fund. A fund is hereby established designated: Water Facilities Fund - Southwest Properties Water Project (The "Water Facilities Fund") Section 17, Deposit of Fees, The fees paid pursuant to this Ordinance shall be deposited in the Water Facilities Fund. Section 18, Expenditures of Moneys. Moneys in the Water Facilities Fund shall be expended solely for the Construction or reimbursement for Construction of the Improvements serving the Area of Benefit or to reimburse the City of Beaumont for the cost of engineering and administrative services to form the Area of Benefit or to reimburse the City of Beaumont and to design and construct the Improvements. Section 19. Advance of Money, In its sole discretion, the City Council of the City of Beaumont may advance money from its general fund, from moneys made available by the Beaumont Redevelopment Agency (the "Agency"), CFD No. 93-1 or any water fund to pay the costs of constructing the Improvements and may reimburse the general fund, the Agency, CFD No. 93-1 or water fund for such advances from fees deposited in the Water Facilities Fund. Section 20. Indebtedness, In its sole discretion, the City Council of the City of Beaumont may incur, or cooperate with the Agency with respect to the Agency incurring, interest bearing indebtedness for the Construction of the Improvements; provided that the sole security for repayment of such indebtedness shall be moneys in the Water Facilities Fund. Section 21. Ordinance Shall Not Be Codified. This Ordinance shall not be codified. Section 22. Notice of Adoption of Ordinance. The City Clerk of the City of Beaumont is hereby directed to publish this ordinance once within fifteen (15) days following its adoption in the Community Advisor, a newspaper of general circulation published in the City of Beaumont. Section 23, Effective Date, This ordinance shall be in full force and effect 60 days from and after its adoption. PASSED AND APPROVED this 24th day of June, 1996 by the following vote: AYES: Mayor Leja, Mayor Pro Tem Berg, and Councilmembers Parrott, Westcot and Zeller. NOES: None. ABSTAIN: None. ABSENT: None. MOVED, PASSED AND ADOPTED this 8th day of July, 1996 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Mayor Pro Tem Berg, and Councilmembers Parrott, Westcot and Zeller. None. None. Mayor Leja. CITYERK MAYOR OR THE CITY OF BEAUMONT CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 762 duly introduced at a regular meeting of the City Council held on 6/24/96 and dulydopd upon a second reading on 7/8/96 by the roll call votes indicated therein. EXHIBIT A MAP OF SOUTHWEST PROPERTIES WATER PROJECT A-1 BMTORD.30D/LT/150 PAGE.9e3 699-9446 NMI! 116111.101111111111111111111111111•1 S.W. PNOPENi1ES WATERLINE PROJBC/' SAN TEMETEJ CANYON .�- 8 5 8 COURSE DATA 0 S89' 12'54"E 2769.08' 0 N00'32'46"W 2709.06' p EASTERLY 0 NORTHWESTERLY 0 NB8'44'28'W 4992.83' 0 NO0'15'45"E 844.56' STATE OWESTERLY 0 SOO' 16'38"W 8 0 EASTERLY 2699.57' • 10 S0O.15'45" W 300.06' 0 EASTERLY S0115'31"E EXHIBIT B PROPOSED FEES TO BE IMPOSED IN THE AREA OF BENEFIT B-1 BMTORD.30D/LT/150 David Taussig & Asaodate9 CPD No. 93.1 414-100-004.06,06; 414-110-003,04,12,14,16,18,20 MAMMA Subtotal Redevelopment 414120-001 414-120-004 414-120-006 414-120.009 414-120-010 414-120-011 414120-012 414-120-013 414-120-015 414-120-016 414-120-017 414.120-018 414-120.020 414-130.007 414-130-011 414-130-012 414.130-014 Subtoal 414-120-019 A9anrY Total Estimated Coat COST PER EDUAJNEAR FOOT CITY OF BEAUMONT SOUTHWEST PROPERTIES BENEFIT DISTRICT TABLE 1: ALLOCATION OF COST OF WATER UNE Heartland Call Beaumont Ltd. HI Sixty Assoc.]. P, NA Beaumont Mesa Chandlar Group Erland, Frederick & Anne Lutbcenov, OMb Notedly, A.C. Notedly, A.C. Notedly, A.C. Notedly, A.C. Reiner, Kent & Jacquelin* Hamilton, Dale 8 Willa Notedly, A.C. ONnib, Tony Flintier, Eugene & Beverly Pfeifer, Dan d Jamae 1 Michael Kura a Co. Watson. Cheryl NA NA MAN FEST T E 417.21 1,968.00 *174,244.84 NA INLOZ 7.4132 572.28 2,348 0W0 $228. 2,400 155.68 622.72 $55,418.62 NA 91.93 1,099.51 $97,846.86 180 4.85 55.68 *4,954.66 270 4.19 50.17 54.404.54 206 13.27 199.05 517,713.71 NA 13.28 198.90 *17,700.36 NA 3.66 54.90 *4,885.62 NA 2.04 24.43 52,173.66 265 6.96 83.33 *7,4160 ' 450 5.23 82.62 55,572.68 340 1.60 19.16 51,704.83 170 0.20 3.11 $277.04 110 2.70 32.33 $2.876.91 185 14.42 172.66 515,364.82 NA 0.85 10.16 5905.69 NA 14.12 169.06 315,045.17 NA Z.08 BUM $2.554.55 PJd 341.81 2,942.69 5261,873.78 2.255 2.04 8489 $2.554.55 446 921.18 5,513.58 $496,000.00 5,100 *88.99 ORDINANCE NO. 1046 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 9.38 OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA, AS FOLLOWS: Section 1: Paragraphs J, K and P of Section 9.38.010 are hereby amended in their entirety to read as follows: "J. `Park' shall include those areas used as public parks where children regularly gather." "K. `Playground' shall include those areas used within businesses where children regularly gather." "P. `School' means any public or private school with one or more grades K through 12, located within the City of Beaumont." Section 2: Section 9.38.030 is hereby deleted in its entirety. Section 3: Section 9.38.190 is hereby amended in its entirety to read as follows: "9.38.190 Prohibition Against Loitering. It is unlawful for any Sex Offender to loiter within 300 feet of any childcare center, park, playground or school within the City." Section 4: This Ordinance shall take effect as provided by law. MOVED, PASSED, and ADOPTED by the City Council at a regular meeting of April 15, 2014 by the following vote: AYES: Berg, Castaldo, De Forge, Fox, Knight NOES: None ABSTAIN: None ABSENT: None 1 MOVED, PASSED; and ADOPTED by the City Council at a regular meeting of May 20, 2014 by the following vote: AYES: Berg, Castaldo, De Forge, Fox, Knight NOES: None ABSTAIN: None ABSENT: None ATTEST: Deputy City Cler CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 1046 duly introduced at a regular meeting of the City Council of the City of Beaumont held on April 15, 2014, and was duly adopted upon a second reading on May 20, 2014, by the roll call votes indicated therein. CITY OF BEAUMONT By uze, Shelby Hanvey, De ty City Cler (SEAL) 2 LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, April 15, 2014 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6t' Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 9.38 OF THE BEAUMONT MUNICIPAL CODE "RESIDENCY RESTRICTIONS FOR REGISTERED SEX OFFENDERS" It is the purpose and intent of this Ordinance to amend Chapter 9.38 of the Beaumont Municipal Code which provides for the regulation of residency of registered sex offenders within the City of Beaumont. This Ordinance will amend the existing ordinance that currently restricts "presence" of registered sex offenders in public parks. This Ordinance also amends the loitering restrictions from 2,000 feet to 300 feet from child care centers, parks, playgrounds, and schools within the City. Date: Wednesday, April 02, 2014 Frank Coe Police Chief Publish one time only in the Record Gazette on Friday April 4, 2014 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) /0.5'396 - ORDINANCE NO. 1046 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of Califomia; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: May 30, 2014 Executed on: 05/30/2014 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, April 15, 2014 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance 1046 AN ORDINANCE OF THE CITY COUNCIL OF THECITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 9.38 OF THE BEAUMONT MUNICIPAL CODE RESIDENCY RESTRICTIONS FOR REGISTERED SEX OFFENDERS It is the purpose and intent of this Ordinance to amend Chapter 9.38 of the Beaumont Municipal Code which provides for the regulation of residency of registered sex offenders within the City of Beaurnont. This Ordinance will amend the existing ordinance that currently restricts presence of registered sex offenders in public parks. This Ordinance also amends the loitering restrictions from 2,000 feet to 300 feet from child care centers, parks, playgrounds, and schools within the City. The Ordinance was adopted at its second reading on May 20, 2014 by the following vote: AYES: Berg, Castaldo, De Forge, Fox, Knight NOES: None ABSTAIN: None ABSENT: None Date: May 21, 2014 Frank Coe Police Chief Publish one time only in the Record Gazette on May 30, 2014 Published in The Record Gazette No. 104596 05/30, 2014 STAFF REPORT TO: CITY COUNCIL FROM: CITY ATTORNEY/ POLICE DEPARTMENT acfr Agenda Item b DATE: FEBRUARY 25, 2014 SUBJECT: PROPOSED AMENDMENTS TO CHAPTER 9.38 OF THE BEAUMONT MUNICIPAL CODE RE: REGISTERED SEX OFFENDERS Background/Summary In March, 2012, the City Council adopted Ordinance No. 1013, which was codified as BMC Chapter 9.38, establishing residency restrictions for registered sex offenders. The essential provisions of the law prohibit the residency of registered sex offenders within 2000 feet of a childcare center, school, playground or park. However, Chapter 9.38 also prohibits sex offenders from visiting parks and from loitering within 2000 feet of childcare centers, parks, playgrounds or schools. These provisions have drawn the attention of the ACLU. The ACLU has directed our attention to several court cases which stand for the proposition that while cities have the authority to regulate residency, they do not have the authority to enact so-called "presence" restrictions. Presence restrictions, say the courts, goes beyond the authority of cities to prohibit residency in certain areas of the city. As a result of these court decisions, municipal ordinances that prohibit sex offenders from visiting or using parks within the city are illegal because they exceed the authority of the city to enact such laws. Thus, it is our recommendation that Chapter 9.38 be amended to reflect these most recent changes in the law. In a similar vein, the 2000 -foot restriction set forth in Section 9.38.190 may also be illegal. In order to avoid unnecessary and expensive litigation with the ACLU on this issue, we recommend that the distance be reduced to 300 feet, which appears to be the standard most commonly used in other cities. Finally, staff recommends that the second sentence of Definition "J" and of "K" be deleted as unnecessary and confusing, and that Definition "P" be modified to eliminate the unnecessary language thereby avoiding a similar confusion. Fiscal Impact: Any fiscal impact in enforcing this ordinance will be absorbed into the police department's current operating budget. Action(s): 1. Hold a Public Hearing and approve the First Reading of Ordinance 2. Request modification to the Ordinance presented 3. Deny the Ordinance ORDINANCE NO. 1047 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 8.36 OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA, AS FOLLOWS: Section 1: Section 8.36.095 is hereby added in its entirety to read as follows: "8.36.095 False Alarm Response Fines An alarm user shall become liable to the city for an administrative fine under Section 1.16.030 of this Code if the police department is required to respond to repeated false alarms from the user's alarm system. A false alarm response administrative fine shall be paid to the city by the alarm user for each false alarm commencing with the second false alarm received from any one source or from any one alarm system within twelve (12) consecutive months. No false alarm administrative fine shall be charged for false alarms occurring within thirty days following initial installation of any new alarm system provided the system otherwise complies with the requirements of this chapter. Multiple false alarms received in any one twenty-four (24) hour period shall be considered a single event for the purpose of assessing an administrative fine". Section 2: This Ordinance shall take effect as provided by law. MOVED, PASSED, and APPROVED at the first reading this 17`" day of June, 2014, by the following roll call vote: AYES: Castaldo, De Forge, Fox, Knight NOES: None ABSTAIN: None ABSENT: Berg MOVED, PASSED, and ADOPTED at the second reading this 15th day of July, 2014, by the following roll call vote: AYES: Berg, Castaldo, De Forge, Fox, Knight NOES: None ABSTAIN: None ABSENT: None ATTEST: Deputy City Cler 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No.1047 duly introduced at a regular meeting of the City Council of the City of Beaumont held on June 17, 2014, and was duly adopted upon a second reading on July 15, 2014, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT By 2 Shelby Hanvey, puty City Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 105083 AMENDINGCHAPTER 8.36 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: June 6, 2014 Executed on: 06/06/2014 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, June 17, 2014 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): AN ORDINANCE OF THE CITY COUNCIL OF THECITY OF BEAUMONT, CALIFORNIAAMENDING CHAPTER 8.36 OF THE BEAUMONT MUNICIPAL CODE 'ALARM SYSTEMS' It is the purpose and intent of this Ordinance to amend Chapter 8.36 of the Beaumont Municipal Code which regulates alarm systems installed within the City of Beaumont. This Ordinance will amend the existing ordinance by allowing the city to assess a fee for the response to an alarm that is determined to be false. Date: June 3, 2014 Frank Coe Chief of Police Published in The Record Gazette No. 105083 06/06, 2014 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 106963 - ORDINANCE NO. 1047 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of Califomia; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: July 25, 2014 Executed on: 07/25/2014 At Banning , CA 1 ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, June 17, 2014 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 1047 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 8.36 OF THE BEAUMONT MUNICIPAL CODE "ALARM SYSTEMS' It is the purpose and intent of this Ordinance to amend Chapter 8.36 of the Beaumont Municipal Code which regulates alarm systems installed within the City of Beaumont. This Ordinance will amend the existing ordinance by allowing the city to assess a fee for the response to an alarm that is determined to be false. MOVED, PASSED and ADOPTED on the 15th of July, 2014 by the following vote: AYES: Berg, Castaldo, De Forge, Fox, Knight NOES: None ABSTAIN: None ABSENT: None Dated: July 22, 2014 Frank Coe, Chief of Police Published in The Record Gazette No. 106963 07/25, 2014 ORDINANCE NO. 1048 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.09 OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA, AS FOLLOWS: Section 1: Paragraphs F, G, and H of Section 17.09.040 are hereby added to read as follows: "F. Shelter (Dogs). Any person owning or keeping a dog confined outside must provide the dog with access to clean water, food and an appropriate dog shelter. The shelter must be sanitary, of sound construction, and provide adequate protection from the elements (wind, rain & sun). It must have at least 3 sides, a weather- proof roof, a solid sanitary floor and be adequately ventilated. The shelter must be large enough for the dog to stand, lie down and turn around. Suitable drainage must be provided so that water is not standing in or around the shelter". "G. Tethering. No person shall tether, fasten, chain, tie or restrain a dog, or cause a dog to be tethered, fastened, chained, tied or restrained, to a dog house, tree, fence or any other stationary object". "H. Notwithstanding subdivision (G), a person may do the following: (i) Tether, fasten, chain or tie a dog no longer than is necessary for the person to complete a temporary task that requires a dog to be restrained for a reasonable period of 3 hours in a 24 hour period. (ii) Attach a dog to a running line, pulley or trolley system. (a) Only 1 dog may be tethered to each running line, pulley or trolley system. (b) The tether must be attached to a properly fitting collar or harness worn by the dog with enough room between the collar and the dog's throat through which 2 adult fingers may fit. Choke collars, pinch collars and chain collars are prohibited for the purpose of tethering a dog to a running line, pulley or trolley system. (c) There must be a swivel on each end of the tether to minimize tangling of the tether. The tether and the running line, pulley or trolley system must be at least 10' in length and must allow continuous access to clean water, food and shelter. (d) The running line, pulley or trolley system and tether must be of appropriate configuration to confine the dog to the owner's or keeper's property to prevent the tether from extending over an object that could result in injury or strangulation and to prevent the tether from becoming tangled with other objects or animals. 1 (iii) No dog shall be kept on a residential property by running line, pulley or trolley system or fenced yard where the dog's owner or keeper does not reside". Section 2: This Ordinance shall take effect as provided by law. MOVED, PASSED, and APPROVED at the first reading this 17th day of June, 2014, by the following roll call vote: AYES: Castaldo, De Forge, Fox, Knight NOES: None ABSTAIN: None ABSENT: Berg MOVED, PASSED AND ADOPTED thisl5th day of July, 2014, upon second reading by the following roll call vote: AYES: Berg, Castaldo, De Forge, Fox, Knight NOES: None ABSTAIN: None ABSENT: None ATTEST: Deputy City CI 2 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 105081 - AMENDINGCHAPTER 17.09 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of Califomia; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: June 6, 2014 Executed on: 06/06/2014 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, June 17, 2014 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.09 OF THE BEAUMONT MUNICIPAL CODE ' STANDARDS FOR PENS, STABLES, AND OTHER ANIMAL KEEPING' It is the purpose and intent of this Ordinance to amend Chapter 17.09 of the Beaumont Municipal Code which provides for the keeping of animals on private property within the City of Beaumont. This Ordinance will amend the existing ordinance by adding a requirement that animal owners, or their caretakers, reside on the property on which they keep their animals and also ensure that animal sheltering and tethering are in accordance with current State law. Date: June 3, 2014 Frank Coe Chief of Police Published in The Record Gazette No.105081 06/06, 2014 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 106964 - ORDINANCE NO. 1048 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of Califomia; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: July 25, 2014 Executed on: 07/25/2014 At Banning ,CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, June 17, 2014 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 1048 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.09 OF THE BEAUMONT MUNICIPAL CODE STANDARDS FOR PENS, STABLES, AND OTHER "ANIMAL KEEPING' It is the purpose and intent of this Ordinance to amend Chapter 17.09 of the Beaumont Municipal Code which provides for the keeping of animals on private property within the City of Beaumont. This Ordinance will amend the existing ordinance by adding a requirement that animal owners, or their caretakers, reside on the property on which they keep their animals and also ensure that animal sheltering and tethering are in accordance with current State law. MOVED, PASSED and ADOPTED on the 15th of July, 2014 by the following vote: AYES: Berg, Castaldo, De Forge, Fox, Knight NOES: None ABSTAIN: None ABSENT: None Dated: July 22, 2014 Frank Coe, Chief of Police Published in The Record Gazette No. 106964 07/25, 2014 ORDINANCE NO. 1049 ORDINANCE AMENDING ORDINANCE NO. 884 AND AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN IMPROVEMENT AREA NO. 7D OF CITY OF BEAUMONT COMMUNITY FACILITIES DISTRICT NO. 93-1 WHEREAS, the City Council (the "City Council") of the City of Beaumont, Riverside County, California ("the City") has conducted proceedings to establish Improvement Area No. 7D of Community Facilities District No. 93-1 of the City of Beaumont (the "Improvement Area") and approved incurring bonded indebtedness not to exceed $25,000,000 to fmance certain public facilities as set forth in such proceedings (as more specifically enumerated herein, the "Facilities") which bonded indebtedness shall be secured by the levy of a special tax within the Improvement Area and the levy of the special tax and incurring of bonded indebtedness was approved by the qualified electors in the Improvement Area; and WHEREAS, on May 3, 2005, the City Council duly adopted Ordinance No. 884 Authorizing the Levy of a Special Tax within Improvement Area No. 7D pursuant to the Rate and Method of Apportionment of Special Tax for Improvement Area No. 7D; and WHEREAS, on April 1, 2014 the City Council adopted Resolution No. 2014-10 of Consideration to Amend the Rate and Method of Apportionment of Special Tax for Improvement Area No. 7D and as provided in the First Amended Rate and Method of Apportionment of Special Tax for Improvement Area No. 7D (the "First Amended RMA"), all pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 1982" (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Code"), and calling a public hearing on the approval of the First Amended RMA and levy of the special tax pursuant thereto; and WHEREAS, notices were published and mailed as required by law relative to the intention of the City Council to approve the First Amended RMA and levy of the special tax pursuant thereto; and WHEREAS, pursuant to Resolution No. 2014-10 a public hearing was duly convened on May 20, 2014, in connection with the approval of the First Amended RMA and levy of the special tax pursuant thereto, at which hearing the City Council considered such matters, and at the above-mentioned public hearing, all persons interested, including all taxpayers, property owners and registered voters within Improvement Area No. 7D were given an opportunity to appear and be heard, and the testimony of all interested persons for or against the approval of the First Amended RMA and levy of the special tax pursuant thereto and any other matters set forth in said Resolution No. 2014-10 were heard and considered and the City Council at the conclusion of said hearings was fully advised in the premises, and was authorized to proceed; and WHEREAS, on May 20, 2014, following such public hearing, the City Council adopted Resolution No. 2014-_ approving the First Amended RMA and the levy of the special tax in accordance therewith; and WHEREAS, on May 20, 2014, an election was held in Improvement Area No. 7D in which the qualified electors approved by more than two-thirds of the votes cast on the proposition of approving the First Amended RMA and the levy of the special tax in accordance therewith; and WHEREAS, the Facilities and Services, including bonded indebtedness and interest thereon that may be issued for the Facilities, will be payable from a special tax levied within the 1 Improvement Area and collected in accordance with and subject to the maximum rates applicable thereto; and WHEREAS, the City Council is fully advised in the premises; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT, ACTING AS THE LEGISLATIVE BODY OF IMPROVEMENT AREA NO 7D, ORDAINS AS FOLLOWS: Section 1. Recitals. All of the above recitals are true and correct. Section 2. Amendment. This Ordinance amends the provisions of Ordinance No. 884 as to the matters described herein, and specifically the First Amended RMA and levy of the special tax pursuant thereto. All other provisions of Ordinance No. 884 shall remain effective. Section 3. Authorization of Levy. By the passage of this Ordinance, the City Council acting as the legislative body of Improvement Area No. 7D authorizes the levy of a special tax within Improvement Area No. 7D pursuant to the First Amended RMA approved by Resolution No. 2014-_ which is hereby incorporated by reference herein. Section 4. Annual Levy. The City Council is hereby further authorized each year by Resolution to determine the specific special tax rate and amount to be levied in Improvement Area No. 7D for the next fiscal year, except that the special tax rate to be levied in Improvement Area No. 7D shall not exceed that set forth in the First Amended RMA approved by Resolution No. 2014- , but the special tax may be levied at a lower rate. Section 5. Exempt Properties. Properties or entities of the State, federal, or other local governments shall, except as provided in Sections 53317.3, 53317.5, and 53340.1 of the Act, be exempt from the above -referenced and approved special tax. Section 6. Use of Special Tax. All of the collections of the special tax shall be used as provided for in the Act and the proceedings conducted by the City and the Community Facilities District. The special tax shall be levied only so long as needed for its purpose as described in said Resolution. Section 7. Collection of Special Tax. The above authorized special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes, as such procedures may be modified by law or by the City Council from time to time (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemented tax bills), as such procedures may be modified by law or by the City Council, acting as the legislative body of the Community Facilities District, from time to time and such special tax may be collected by direct billing by the Community Facilities District, however, the special tax may be billed and collected at a different time or in a different manner if necessary for Improvement Area No. 7D to meet its financial obligations. A delinquent penalty of 10% of the special tax will attach at 5:00 p.m. on the date the special tax becomes delinquent and interest at 1.5% per month of the special tax will attach on the July 1 after the delinquency date and the first of each month thereafter until redeemed. The City Council, acting as the legislative body, may modify the manner of collection, the penalties, and the procedure, sale and lien priority in case of delinquency. 2 Section 8. Judicial Foreclosure. As a cumulative remedy, if any amount levied pursuant hereto as a special tax for payment of bond interest or principal together with any penalties and other charges accruing under this ordinance are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal, order that the same be collected by an action brought in the superior court to foreclose any lien therefor. Section 9. Effective Date. The Mayor of the City shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its fmal passage. Section 10. Authorization. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the specific authorization for adoption is pursuant to the provisions of Section 53340 of the Act. INTRODUCED AND READ this 20th day of May, 2014 by the following vote: AYES: Berg, Castaldo, De Forge, Fox, Knight NOES: None ABSTAIN: None ABSENT: None PASSED, APPROVED AND ORDAINED this 19th day of August, 2014 by the following vote: AYES: Berg, Castaldo, De Forge, Knight NOES: None ABSTAIN: None ABSENT: Fox ATT ►' ST: Deputy City Cle 3 Agenda Item # Staff Report TO: Mayor and Members of the City Council Chair and Board of the Beaumont Financing Authority FROM: City Manager DATE: August 19, 2014 SUBJECT: Approval of the rd Reading on Consideration to Amend the Rate and Method of Apportionment of Special Tax for Improvement Area Number (IA) 7D of Community Facilities District (CFD) 93-1- (Four Seasons - fourth area) BACKGROUND This action would approve or deny the second reading of the reformation process requested by the current owners of Improvement Area (IA) 7D, to fund the fair share of necessary critical public improvements. IA7D is situated within and a continuation of the Four Season development, south of Potrero Boulevard and west of Highland Springs. It is south of IA7B and IA7C. The rate and method of apportionment (that sets the special tax rates) (RMA) is attached to this resolution. Although these improvement areas are only expected to be for residential development, special tax rates for this and all CFD 93-1 improvement areas are approved for both residential and non-residential uses. With the approval of this consideration, there will be no escalation of the Facilities Special Tax. The City has required that public improvements be built as soon as possible to allow new and existing property owners the full enjoyment of the improvements, whether a home, business or commercial. Since 1990, State law has allowed development to forestall building public improvements until later in the building process when funds would be available and just when the improvements are needed, The Beaumont CFD program was designed to promote the early construction of these improvements and so ensure that they are completed, and at a lower cost to future property owners. As always, the State Constitution requires that any tax be approved by 2/3rds vote of the then current property owners. These improvement areas will require approval by the current property owners, with all future owners notified when purchasing their home FISCAL IMPACT There is no City or Authority fiscal impact; as with every CFD Improvement Area, their fair share obligations for public improvements are payable solely from the special taxes to be paid only by property within the improvement area. ACTIONS / FUTURE ACTIONS 1) Resolution of Consideration 2) Hold a Public Hearing 3) Approve Change in RMA 4) Hold Property Owners Election 5) Introduce Ordinance 6) Approval of Ordinance after 2a' Reading April 1 May 20th May 20th May 20th May 20th August 19th OPTIONS City Council/Beaumont Financing Authority may: Adopt Resolution of Consideration; Modify and Adopt Resolution; Request additional information; or Abandon process. ORDINANCE NO. 1050 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 5.27 "APPLICATION PROCESS," OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 5.27, entitled "Application Process", is hereby added to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 15th day of July, 2014, by the following roll call vote: AYES: Berg, Castaldo, De Forge, Fox, Knight NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 19th day of August, 2014, upon second reading by the following roll call vote: AYES: Berg, Castaldo, De Forge, Knight NOES: None ABSTAIN: None ABSENT: Fox ATT T: Deputy City Cle Exhibit A Chapter 5.27 Application Process 5.27.10 Application Process. Applications for licenses, permits, permit modifications, amendments, and other matters pertaining to the Chapter 5 Division II "Specific Business", shall be filed with the City of Beaumont on the appropriate City application form. The following procedures apply to the granting of a license/permit application: A. Submittal Information. All plans, and any other information required by the City shall be submitted with the application form. Applications shall be completed by the owner(s) of properties, their agents, or other persons who have written authority from the property owner(s) to complete and file the application on the owner's behalf Any person or authorized representative desiring a permit or approval required by this Title, shall file an application with the City on forms provided by the City. B. Application is Deemed Completed. No application shall be processed until it is deemed complete by the City. No application shall be deemed complete until all required information is provided in the required quantity and format. C. Concurrent Applications. Whenever more than one permit or approval is required for a proposed Project or use, all applications shall be filed and processed concurrently. All such related applications will be reviewed in accordance with the procedures set forth for the application requiring the highest level of review. D. Application Fees. Each applicant for a permit authorized by this Chapter shall pay those fees and costs as established by resolution of the City Council. E. Imposition of Conditions of Approval. In granting a license, permit, or other approval, the City or City Council may impose such conditions as deemed necessary to ensure that the public health, safety and general welfare are protected and that the proposed use is not a detriment to the community. All conditions shall be binding upon the applicant, heirs, successors, or assignees. F. Permit/License Time Limits. The grantee of a license, permit or other approval shall have one (1) year from the effective date of the license, permit or other approval to establish a right to use the license, permit or other approval; otherwise, the license, permit or other approval shall lapse and become void. For the purposes of this section, such a right shall be established if either: 1. A building permit has been issued and construction commenced and diligently pursued towards completion of the project; or 2 2. In the event that no building permit is required, a certificate of occupancy and/or business license has been issued for the use. G. Re -submittal of Application. Whenever an application or portion of an application has been denied or revoked and the denial or revocation becomes final, no new application for the same or similar request may be accepted within one (1) year of the date of the denial, unless the City finds that the conditions surrounding the application have sufficiently changed to warrant a new application. Changed conditions shall mean a substantial change in land use on properties in the vicinity, improved infrastructure in the vicinity, altered traffic patterns, or any such similar change resulting in a changed physical environment." 3 THE PRESS -ENTERPRISE 1825 Chicago Ave, Suite 100 Riverside, CA 92507 951-684-1200 951-368-9018 FAX PROOF OF PUBLICATION (2010, 2015.5 C.C.P) Publication(s): The Press -Enterprise PROOF OF PUBLICATION OF Ad Desc.: / I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entified iiiatter. I am an authorized representative of THE PRESS -ENTERPRISE, a newspaper in general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673, under date of August 25, 1995, Case Number 267864, under date of February 4, 2013, Case Number RIC 1215735, under date of July 25, 2013, Case Number RIC 1305730, and under date of September 16, 2013, Case Number RIC 1309013; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof on the following dates, '/09/2014 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: July 09, 2014 At: Riverside, California BEAUMONT, CITY OF / LEGAL 550 E SIXTH ST BEAUMONT, CA 92223 Ad Number: 0009940350-01 P.O. Number: Ad Copy: CITY OF BEAUMONT LEGAL NOTICE NOTICE 1s HEREBY GIVEN, that the Beaumont City Council wit conduct a public hearing on Tuesday, July 15th, 2014 at 550 E 611, Street, Beaumont, California 92223, to receive testimony and comments from all inter- ested persons regarding the adoption of the following matter(s): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 5.27 "APPLICATION PROCESS" The City of Beaumont is proposing to adopt Chapter 5.27 "Application Process" with Chapter 5 'Business License' to add a process for the application, including times lim- its, revocation Information. Rebecca Deming Director of Planning 7/9 Agenda No. STAFF REPORT Date: July 15, 2014 To: Mayor and Council Members Through: City Manager (W From: Planning and Neighborhood Services Subject: Addition of Section 5.27 to Chapter 5 of the Beaumont Municipal Code "Application Process" Background: As originally discussed by City Council on June 3 under potential future action items, the Beaumont Municipal code Chapter 5 has Business License requirements, as well as Specific Business Permits. These types of Business are ones that have special requirements for background checks, insurance requirements, or other unique information needed as part on the permit. These businesses include: • Automobile for hire • Filming Permits • Fortunetelling • Massage • Wrecking Yards • Private Patrol • Solicitors All of the businesses have specific rules and regulation related to that specific type of Business. However, staff has found that there is a deficiency in the process for the application, including times limits, revocation information. Staff is proposing the attached Ordinance to address this deficiency. Fiscal Impact: None Actions: 1. Receive Staff Report 2. Hold a Public Hearing Options: 1. Approve the Ordinance to add section 5.27 to Beaumont Municipal Code at its first reading as proposed. 2. Modify and approve the Ordinance to add section 5.27 to Beaumont Municipal Code at its first reading. 3. Continue the Ordinance to add section 5.27 to Beaumont Municipal Code to a future meeting (date specific). 4. Deny the Ordinance to add section 5.27 to Beaumont Municipal Code at its first reading. ORDINANCE NO. 1051 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 9.38 OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA, AS FOLLOWS: Section 1: Section 9.38.190 entitled "Prohibition Against Loitering" is hereby repealed and deleted in its entirety. Section 2: This Ordinance shall take effect thirty (30) days after its second reading and adoption. MOVED, PASSED, and ADOPTED by the City Council at a regular meeting of August 19, 2014, by the following vote: AYES : Berg, Castaldo, De Forge, Knight NOES : None ABSTAIN: None ABSENT: Fox MOVED, PASSED, and ADOPTED by the City Council at a regular meeting of September 16, 2014, by the following vote: AYES : Berg, Castaldo, De Forge, Fox, Knight NOES : None ABSTAIN: None ABSENT: None ATTEST: Deputy City Clerk 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 1051 duly introduced at a regular meeting of the City Council of the City of Beaumont held on August 19, 2014, and was duly adopted upon a second reading on September 16, 2014, by the roll call votes indicated therein. CITY OF BEAUMONT Deputy City Cle (SEAL) 2 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 109271 - ORDINANCE NO. 1051 State of California County of Riverside ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: September 26, 2014 Executed on: 09/26/2014 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, August 19, 2014 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 1051: An Ordinance of the City Council of the City of Beaumont, California Amending Chapter 9.38 of the of the Beaumont Municipal Code This ordinance was adopted at its second reading on September 16, 2014 by the following vote: AYES: Berg. Castaldo, De Forge, Fox, Knight NOES: None ABSTAIN: None ABSENT: None Date: September 19, 2014 Frank Coe Chief of Police Published in The Record Gazette No. 109271 09/26, 2014 CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, August 19, 2014 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 1052: Authorizing the Levy of a Special Tax within Improvement Area No. 25 of the Community Facilities District No. 93-1 of the City of Beaumont Pursuant to the Approved Rate and Method of Apportionment of Special Tax This ordinance was adopted at its second reading on September 16, 2014 by the following vote: AYES: Berg. Castaldo, De Forge, Fox, Knight NOES: None ABSTAIN: None ABSENT: None Date: September 19, 2014 Shelby Hanvey Deputy City Clerk Publish one time only in the Record Gazette on September 26, 2014 City of Beaumont • 550 E. 6th Street • Beaumont • CA • 92223 • (951) 769-8520 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 108325 - CHAPTER 5.27 State of California County of Riverside ) Ss. I am a citizen of the United States and a resident of the State of Califomia; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: August 29, 2014 Executed on: 08/29/2014 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature r City of Beaumont LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, July 15th, 2014 at 550 E. 6th Street, Beaumont, Califomia 92223, to receive testimony and comments from at interested persons regarding the adoption of the following matter(s): AN ORDINANCE OF THE CITY COUNCIL OF THECITY OF BEAUMONT, CALIFORNIAADDING CHAPTER 5.27 APPLICATION PROCESS The City of Beaumont is proposing to adopt Chapter 5.27 Application Process with Chapter 5 Business License to add a process for the application, including times limits, revocation information. Ordinance No. 1050 was adopted at its second reading on August 19, 2014 by the following vote: AYES: Mayor Knight, Council Members Berg, Castaldo, and De Forge NOES: None ABSTAIN: None ABSENT: Council Member Fox Date: August 25, 2014 Rebecca Deming Director of Planning Published in The Record Gazette No. 108325 08/29,2014 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 109270 - ORDINANCE NO. 1052 State of California County of Riverside SS. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: September 26, 2014 Executed on: 09/26/2014 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, August 19, 2014 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 1052: Authorizing the Levy of a Special Tax within Improvement Area No. 25 of the Community Facilities District No. 93-1 of the City of Beaumont Pursuant to the Approved Rate and Method of Apportionment of Special Tax This ordinance was adopted at its second reading on September 16, 2014 by the following vote: AYES: Berg. Castaldo, De Forge, Fox, Knight NOES: None ABSTAIN: None ABSENT: None Date: September 19, 2014 Shelby Hanvey Deputy City Clerk Published in The Record Gazette No. 109270 09/26, 2014 qp- [40o_o eik-L 9 - 0-9 iLf ORDINANCE NO. 1052 AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN IMPROVEMENT AREA NO. 25 OF COMMUNITY FACILITIES DISTRICT NO. 93-1 OF THE CITY OF BEAUMONT PURSUANT TO THE APPROVED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX WHEREAS, the City Council (the "City Council") of the City of Beaumont, Riverside County, California (the "City") on April 15, 2014, duly adopted Resolution No. 2014-13 declaring its intention to establish Improvement Area No. 25 (the "Improvement Area") of Community Facilities District No. 93-1 of the City of Beaumont (the "CFD") and to levy special taxes and of the necessity to incur bonded indebtedness to pay for certain public facilities for the Improvement Area under and pursuant to the terms and provisions of the "Mello -Roos" Community Facilities Act of 1982 (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and calling a public hearing on the establishment of such Improvement Area and on the necessity for incurring bonded indebtedness up to $25,000,000 to finance certain public facilities as set forth in Exhibit B of Resolution No. 2014-13 (as more specifically enumerated herein, the "Facilities") which bonded indebtedness shall be secured by the levy of a special tax within the Improvement Area; and WHEREAS, notices were published and posted as required by law relative to the intention of the City Council to form the proposed Improvement Area, to levy special taxes within the Improvement Area, to incur a bonded indebtedness secured by the special taxes levied within such Improvement Area and to establish an appropriations limit for the Improvement Area; and WHEREAS, pursuant to Resolution No. 2014-13 and Resolution No. 2014-14 (the "Resolutions") a public hearing was duly convened on June 3, 2014, continued to August 19, 2014, in connection with the formation of the Improvement Area, at which hearing the City Council considered the establishment of the Improvement Area, the type and extent of the proposed Facilities, the proposed rate and method of apportionment of special tax for the Improvement Area, the proposed appropriations limit therefor, the necessity for incurring bonded indebtedness within the Improvement Area to finance Facilities and all other matters as set forth in the Resolutions, and at the above-mentioned public hearing, all persons interested, including all taxpayers, property owners and registered voters within the Improvement Area were given an opportunity to appear and be heard, and the testimony of all interested persons for or against the establishment of the Improvement Area, the levy of the special tax, the extent of the Improvement Area, the acquisition and construction of Facilities, the establishment of an appropriations limit for the Improvement Area, the necessity of or incurring bonded indebtedness to finance the Facilities, and any other matters set forth in said Resolutions were heard and considered and the City Council at the conclusion of said hearings was fully advised in the premises, and was authorized to proceed; and WHEREAS, following such public hearing, the City Council duly adopted Resolution No. 2014-32 establishing the Improvement Area, approved the Rate and Method of Apportionment of Special Tax as set forth therein, authorized the acquisition and construction of Facilities and Resolution No. 2014-33 authorizing the issuance of bonded indebtedness to be incurred within the Improvement Area to finance the Facilities (including incidental expenses as authorized by the Act) in an amount not to exceed $25,000,000; and WHEREAS, on August 19, 2014, an election was held in the Improvement Area in which the qualified electors approved by more than two-thirds of the votes cast on the propositions of incurring bonded indebtedness, levying a special tax and establishing an appropriations limit; and 1 WHEREAS, such bonded indebtedness and interest thereon will be payable from a special tax levied within the Improvement Area and collected in accordance with and subject to the maximum rates applicable thereto; and WHEREAS, the City Council is fully advised in the premises; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY ACTING AS THE LEGISLATIVE BODY OF THE COMMUNITY FACILITIE DISTRICT DOES ORDAIN AS FOLLOWS: Section 1. Recitals. All of the above recitals are true and correct. Section 2. Authorization of Levy. By the passage of this Ordinance, the City Council acting as the legislative body of the Improvement Area authorizes the levy of a special tax within the Improvement Area pursuant to the rate and method of apportionment approved by Resolution No. 2014- 32 which is hereby incorporated by reference herein. Section 3. Annual Levy. The City Council is hereby further authorized each year by Resolution to determine the specific special tax rate and amount to be levied in the Improvement Area for the next fiscal year, except that the special tax rate to be levied in the Improvement Area shall not exceed that set forth in the rate and method of apportionment approved by Resolution No. 2014-32, but the special tax may be levied at a lower rate. Section 4. Exempt Properties. Properties or entities of the State, federal, or other local governments shall, except as provided in Sections 53317.3, 53317.5, and 53340.1 of the Act, be exempt from the above -referenced and approved special tax. Section 5. Use of Special Tax. All of the collections of the special tax shall be used as provided for in the Act and the proceedings conducted by the City for the CFD and the Improvement Area. The special tax shall be levied only so long as needed for its purpose as described in said Resolution. Section 6. Collection of Special Tax. The above authorized special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes, as such procedures may be modified by law or by the City Council from time to time (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemented tax bills), as such procedures may be modified by law or by the City Council, acting as the legislative body of the Improvement Area, from time to time and such special tax may be collected by direct billing by the Improvement Area, however, the special tax may be billed and collected at a different time or in a different manner if necessary for the Improvement Area to meet its financial obligations. A delinquent penalty of 10% of the special tax will attach at 5:00 p.m. on the date the special tax becomes delinquent and interest at 1.5% per month of the special tax will attach on the July 1 after the delinquency date and the first of each month thereafter until redeemed. The City Council, acting as the legislative body, may modify the manner of collection, the penalties, and the procedure, sale and lien priority in case of delinquency. Section 7. Judicial Foreclosure. As a cumulative remedy, if any amount levied pursuant hereto as a special tax for payment of bond interest or principal together with any penalties and 2 other charges accruing under this ordinance are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal, order that the same be collected by an action brought in the superior court to foreclose any lien therefor. Section 8. Effective Date. The Mayor of the City shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its final passage. Section 9. Authorization. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the specific authorization for adoption is pursuant to the provisions of Section 53340 of the Act. INTRODUCED AND READ this 19th day of August, 2014 by the following vote: AYES: Berg, Castaldo, De Forge, Knight NOES: None ABSTAIN: None ABSENT: Fox Adopted this 16th day of September, 2014 by the following vote: AYES: Berg, Castaldo, De Forge, Fox, Knight NOES: None ABSTAIN: None ABSENT: None AT yES: Deputy City Clerk 3 Mayor of the City o�l' : eaumont ORDINANCE NO. 1053 ORDINANCE AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN IMPROVEMENT AREA NO. 7A1 OF COMMUNITY FACILITIES DISTRICT NO. 93-1 OF THE CITY OF BEAUMONT WHEREAS, the City Council (the "City Council") of the City of Beaumont, Riverside County, California ("the City") on March 18, 2014, duly adopted (i) Resolution No. 2014-07 declaring its intention to establish Improvement Area No. 7A1 (the "Improvement Area") of Community Facilities District No. 93-1 of the City of Beaumont (the "CFD") and (ii) Resolution No. 2014-08 declaring the necessity to incur bonded indebtedness under and pursuant to the terms and provisions of the "Mello - Roos Community Facilities Act of 1982" (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Code"), and calling a public hearing on the establishment of such Improvement Area and on the necessity for incurring bonded indebtedness up to $25,000,000 to finance certain public facilities as set forth in Exhibit B of Resolution No. 2014-07 (as more specifically enumerated herein, the "Facilities") which bonded indebtedness shall be secured by the levy of a special tax within the Improvement Area; and WHEREAS, notices were published and mailed as required by law relative to the intention of the City Council to establish the proposed Improvement Area, to levy special taxes within the Improvement Area, to incur a bonded indebtedness secured by the special taxes levied within such Improvement Area and to establish an appropriations limit for the Improvement Area; and WHEREAS, pursuant to Resolution No. 2014-07 and Resolution No. 2014-08 (the "Resolutions") a public hearing was duly called on May 6, 2014, continued to May 20, 2014, in connection with the Improvement Area, at which hearing the City Council considered the establishment of the Improvement Area, the type and extent of the proposed Facilities (as defined in Resolution No. 2014-07), the proposed rate and method of apportionment of special tax for the Improvement Area, the proposed appropriations limit therefor, the necessity for incurring bonded indebtedness within the Improvement Area to fmance Facilities and all other matters as set forth in the Resolutions, and at the above-mentioned public hearing, all persons interested, including all taxpayers, property owners and registered voters within the Improvement Area were given an opportunity to appear and be heard, and the testimony of all interested persons for or against the establishment of the Improvement Area, the levy of the special tax, the extent of the Improvement Area, the acquisition and construction of Facilities, the establishment of an appropriations limit for the Improvement Area, the necessity of or incurring bonded indebtedness to finance the Facilities, and any other matters set forth in the Resolutions were heard and considered and the City Council at the conclusion of said hearings was fully advised in the premises, and was authorized to proceed; and WHEREAS, following such public hearing, the City Council duly adopted Resolution No. 2014-18 establishing the Improvement Area, approving the Rate and Method of Apportionment of Special Tax as set forth therein, authorizing the acquisition and construction of Facilities and Resolution No. 2014-19 approving the issuance of bonded indebtedness to be incurred within the Improvement Area to finance the Facilities (including incidental expenses as authorized by the Act) in an amount not to exceed $25,000,000; and WHEREAS, on May 20, 2014, an election was called by the City Council and conducted by the duly designated election official in the Improvement Area pursuant to the Act of all registered voters, determined by the Registrar of Voters of the County of Riverside, in which the qualified electors approved by more than two-thirds of the votes cast on the propositions of levying the special tax, 1 other charges accruing under this ordinance are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal, order that the same be collected by an action brought in the superior court to foreclose any lien therefor. Section 8. Effective Date. The Mayor of the City shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its final passage. Section 9. Authorization. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the specific authorization for adoption is pursuant to the provisions of Section 53340 of the Act. INTRODUCED AND READ this 19th day of August, 2014 by the following vote: AYES: Berg, Castaldo, De Forge, Knight NOES: None ABSTAIN: None ABSENT: Fox Adopted this 16th day of September, 2014 by the following vote: AYES: Berg, Castaldo, De Forge, Fox, Knight NOES: None ABSTAIN: None ABSENT: None AT S : Deputy City Clerk 3 Mayor of tiic City o incurring bonded indebtedness, levying a special tax and establishing an appropriations limit, which election was concluded on November 18, 2014; and WHEREAS, such bonded indebtedness and interest thereon will be payable from a special tax levied within the Improvement Area and collected in accordance with and subject to the maximum rates applicable thereto; and WHEREAS, the City Council is fully advised in the premises; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT, ACTING AS THE LEGISLATIVE BODY OF IMPROVEMENT AREA NO 7A1, ORDAINS AS FOLLOWS: Section 1. Recitals. All of the above recitals are true and correct. Section 2. Authorization of Levy. By the passage of this Ordinance, the City Council acting as the legislative body of the Improvement Area authorizes the levy of a special tax within the Improvement Area pursuant to the rate and method of apportionment approved by Resolution No. 2014- 18 which is hereby incorporated by reference herein. Section 3. Annual Levy. The City Council is hereby further authorized each year by Resolution to determine the specific special tax rate and amount to be levied in the Improvement Area for the next fiscal year, except that the special tax rate to be levied in the Improvement Area shall not exceed that set forth in the rate and method of apportionment approved by Resolution No. 2014-18, but the special tax may be levied at a lower rate. Section 4. Exempt Properties. Properties or entities of the State, federal, or other local governments shall, except as provided in Sections 53317.3, 53317.5, and 53340.1 of the Act, be exempt from the above -referenced and approved special tax. Section 5. Use of Special Tax. All of the collections of the special tax shall be used as provided for in the Act and the proceedings conducted by the City and the Community Facilities District. The special tax shall be levied only so long as needed for its purpose as described in said Resolution. Section 6. Collection of Special Tax. The above authorized special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes, as such procedures may be modified by law or by the City Council from time to time (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemented tax bills), as such procedures may be modified by law or by the City Council, acting as the legislative body of the Improvement Area and the Community Facilities District, from time to time and such special tax may be collected by direct billing by the Community Facilities District, however, the special tax may be billed and collected at a different time or in a different manner if necessary for the Improvement Area to meet its financial obligations. A delinquent penalty of 10% of the special tax will attach at 5:00 p.m. on the date the special tax becomes delinquent and interest at 1.5% per month of the special tax will attach on the July 1 after the delinquency date and the first of each month thereafter until redeemed. The City Council, acting as the legislative body, may modify the manner of collection, the penalties, and the procedure, sale and lien priority in case of delinquency. 2 other charges accruing under this ordinance are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal, order that the same be collected by an action brought in the superior court to foreclose any lien therefor. Section 8. Effective Date. The Mayor of the City shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its final passage. Section 9. Authorization. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the specific authorization for adoption is pursuant to the provisions of Section 53340 of the Act. INTRODUCED AND READ this 19th day of August, 2014 by the following vote: AYES: Berg, Castaldo, De Forge, Knight NOES: None ABSTAIN: None ABSENT: Fox Adopted this 16th day of September, 2014 by the following vote: AYES: Berg, Castaldo, De Forge, Fox, Knight NOES: None ABSTAIN: None ABSENT: None Deputy City Clerk 3 1 Mayor of the -City o : eaumont Section 7. Judicial Foreclosure. As a cumulative remedy, if any amount levied pursuant hereto as a special tax for payment of bond interest or principal together with any penalties and other charges accruing under this ordinance are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal, order that the same be collected by an action brought in the superior court to foreclose any lien therefor. Section 8. Effective Date. The Mayor of the City shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its final passage. Section 9. Authorization. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the specific authorization for adoption is pursuant to the provisions of Section 53340 of the Code. INTRODUCED AND READ this 2nd day of December, 2014 by the following vote: AYES: Fox, Knight, Lara, Orozco NOES: White ABSTAIN: None ABSENT: None PASSED, APPROVED AND ORDAINED this 16th day of December, 2014 by the following vote: AYES: Fox, Knight, Lara, Orozco NOES: White ABSTAIN: None ABSENT: None AI1ES Deputy City Clerk 3 l By: Mayor of the City of Beaumont ORDINANCE NO. 1054 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 8.50 "OUTDOOR LIGHTING" OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 8.50, entitled "Outdoor Lighting", is hereby amended to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 3rd day of March, 2015, by the following roll call vote: AYES: Knight, Lara, Fox, Orozco, White NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 17th day of March, 2015, upon second reading by the following roll call vote: AYES: Knight, Lara, Fox, Orozco, White NOES: None ABSTAIN: None ABSENT: None 1 Exhibit A Chanter 8.50 OUTDOOR LIGHTING Sections: 8.50.010 Purpose and Intent. 8.50.020 Definitions 8.50.030 Establishment of Lighting Zones. 8.50.030.1 The Residential Lighting Zone. 8.50.030.2 The Commercial/industrial Lighting Zone. 8.50.030.3 The Special Use Lighting Zone. 8.50.040 Prohibited Lighting. 8.50.050 Exempt Lighting. 8.50.060 Lighting in the Residential Lighting Zone. 8.50.060.1 Generally. 8.50.060.2 Maximum Wattage and Shielding. 8.50.060.3 Height Limit. 8.50.060.4 Total Lamp Power Limit. 8.50.060.5 Nonconforming Lighting. 8.50.070 Lighting in the Commercial/Industrial Zone. 8.50.070.1 Generally. 8.50.070.2 Maximum Wattage and Shielding. 8.50.070.3 Height Limit. 8.50.070.4 Total Lamp Power Limit. 8.50.070.5 Lighting Curfew 8.50.070.6 Nonconforming Lighting. 8.50.080 Special Use Zone. 8.50.080.1 Generally. 8.50.080.2 Conditional Use Permit Required. 8.50.080.3 Lighting Curfew. 8.50.085 Parks and Trails Lighting Specifications. 8.50.085.1 Generally. 8.50.085.2 Trails. 8.50.085.3 Parks. 8.50.090 Street Lighting Specifications. 8.50.090.1 Generally. 8.50.090.2 Lamps. 8.50.090.3 Luminaries. 8.50.090.4 Poles. 8.50.090.5 Pole Bases. 8.50.090.6 Wiring to Pole. 8.50.090.7 The Main Wiring. 8.50.090.8 The Circuitry and Voltage Drop. 8.50.090.9 The Meter Pedestal and Point of Contact. 8.50.090.10 Layout of Poles. 8.50.090.11 Layout of Poles at Pedestrian Conflict Areas for Residential Neighborhoods. 8.50.090.12 Special Decorative Fixtures. 8.50.090.13 Placement at Intersections. 8.50.090.14 Location of Poles. 8.50.090.15 Substitutions. 8.50.090.16 Street Light Curfew. 8.50.090.17 The Street Types and Layout Requirements 8.50.090.18 Plans. 8.50.090.19 Inspection. 8.50.010-8.50.020 8.50.090.20 Monthly 0 & M Charges. 8.50.100 Administration and Enforcement. 8.50.100.1 Generally. 8.50.100.2 Lighting Plan. 8.50.100.3 Appeal. 8.50.100.4 Variance for Non -Conforming Lighting. 8.50.100.5 Violations and Penalties. 8.50.010 Purpose and Intent. It is the purpose and intent of this Chapter to establish regulation and standards which will reduce light pollution generated by residential, commercial and industrial lighting fixtures and devices, minimize Tight pollution which has a detrimental effect on the environment and the enjoyment of the night sky, reduce and minimize lighting and lighting practices which cause unnecessary illumination of adjacent properties, correct problems of glare and light trespass, and reduce energy use. (Ord. 1014, May 1, 2012) 8.50.020 Definitions. As used in this Chapter, the following words and phrases shall have the meanings set forth below: "Glare" light that causes visual discomfort or disability, or loss of visual performance. "Light fixture" means a complete lighting unit consisting of a lamp or lamps, the Tamp 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". "Light pollution" means any artificial light emitted into the atmosphere, either directly or indirectly by reflection that impacts astronomical research and the enjoyment of the night sky by reflection off of airborne dust, water vapor and other atmospheric particulates. "Light trespass:" means any artificial Tight or glare from 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. Quantitative measurement of light trespass shall be made with a standard yardstick having a length of three (3) feet and a width of 1.5 inches. The yardstick shall be placed at the complainant's property line nearest the light source. The Planning Director or his or her designee shall then determine if a shadow is cast by the light source onto a plain white paper. The light source, yardstick and shadow must be in alignment. Measurements shall not be taken when there is a moon in the night sky. "Nuisance lighting" means and includes, but is not limited to, glare, sky glow, 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. Types of shielding include: i. "Fully shielded" a lighting fixture shielded or constructed so that light rays are only emitted at angles below a horizontal plane passing through the lowest point of the fixture from which it is emitted. Sometimes referred to as a "full -cutoff fixture; BMC Title 8 : 61 8.50.030-8.50.040 ii. "Shielded" a light fixture emitting less than two percent (2%) of its Tight above the horizontal plane; iii. "Partly shielded" a light fixture emitting Tess than ten percent (10%) of its light above the horizontal plane. Sometimes referred to as a "semi -cutoff fixture; iv. "Unshielded" a light fixture that emits ten percent (10%) or more of its light above the horizontal plane. "Sky glow" the brightening of the night sky attributable to man-made sources of Tight. "Temporary lighting" lighting installed with temporary wiring and operated for less than sixty (60) days in any calendar year. Temporary lighting includes "string lighting", which is any type of lighting and utilizes more than one Tamp 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, May 1, 2012) 8.50.030 Establishment of Lightina Zones. There is hereby established three Lighting Zones within the City of Beaumont for the purpose of regulating and establishing standards for the reasonable use of outdoor lighting, the area of which zones are defined on the basis of land use: 8.50.030.1 The Residential Lighting Zone: shall consist of all areas of the City zoned exclusively for residential uses; 8.50.030.2 The Commercial Industrial Lighting Zone: shall consist of all areas of 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, May 1, 2012) 8.50.040 Prohibited Liahtina. The following lighting systems are prohibited in all Lighting Zones, except by special event permit or Conditional Use Permit: aerial lasers, "search light" style lights, mercury vapor lights, flashing lights (unless they are temporary "holiday decorations" as provided for in Section 8.50.050.3 below), low-pressure sodium fixtures, lighting fixtures mounted in such a way as to illuminate a wall, building facade, roof or awning, or aimed only towards a property line, or which interferes with the safe operation of a motor vehicle as determined by the Police Chief or City Engineer, and billboard lighting that is pointed up. (Ord. 1014, May 1, 2012) BMC Title 8 : 62 8.50.050-8.50.060 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 signs that have dark backgrounds (opaque or colored) and light lettering (white or colored lighter than the background) so as to minimize glare; 8.50.050.7 Motion detector lighting fixtures, provided (a) that there is no light trespass, (b) the fixtures are mounted within five (5) feet of an entrance or exit door or alcove of a structure, (c) installed no more than eight (8) feet above the ground, (d) illuminated with a maximum of two (2) light bulbs of no more than seventy-five (75) watts each, (e) maximum time the light is on after being triggered is ten (10) minutes, and (f) Tight cannot be trigger from more than 30 feet away; 8.50.050.8 Exposed string outdoor lighting, provided (a) that they consist exclusively of a white light with a clear bulb, and (b) the installation of such lights shall be limited to the lighting of living landscape features (shrubs and trees) in outside dining areas or within the parking areas of a commercial center or plaza. (Ord. 1014, May 1, 2012) 8.50.060 Liahtina in the Residential Lighting Zone. 8.50.060.1 Generally. All outdoor lighting fixtures shall be installed and operated in conformance with this Chapter, and the California Building Code. The following standards are applicable to all outdoor lighting within the Residential Lighting Zone. 8.50.060.2 Maximum lumens and Shielding. All outdoor lighting shall comply with the following Tamp lumen limits and shielding requirements: a. Fully shielded: 2,250 lumens (or equivalent) maximum; b. Shielded: 825 lumens (or equivalent) maximum; c. Partly shielded: none permitted; d. Unshielded: low voltage (twenty-four (24) volts or less) landscaping lighting only; Updated 12/2014 BMC Title 8 : 63 8.50.070 e. Prohibition against adjustable light fixture mounts: outdoor lighting fixtures shall be permanently installed so as to maintain the shielding requirements, except that low voltage landscaping lighting may use flexible or adjustable mounting systems. (Ord. 1014, May 1, 2012) 8.50.060.3 Height Limit. Lights mounted on poles or structures intended primarily for mounting lights shall not exceed a mounting height of forty percent (40%) of the horizontal distance of the light pole from the property line, up to a maximum of sixteen (16) feet high, whichever is lower; except that lighting attached to single family residences shall not exceed the height of the roof eave. (Ord. 1014, May 1, 2012) 8.50.060.4 Total Lamp Power Limit. This subsection applies to all outdoor lighting, whether attached to a building, poles or other structures. The maximum allowable lighting limit 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. (Ord. 1014, May 1, 2012) 8.50.060.5 Nonconforming Lighting. All outdoor Tight fixtures existing and legally installed prior to the effective date of this Chapter shall be deemed non -conforming and are exempt from the requirements of this Chapter except that non -conforming lighting fixtures shall not 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 less intense light source, removed or a combination thereof, to eliminate light trespass. Alternatively, a variance may be applied for. (Ord. 1014, May 1, 2012) 8.50.070 Lighting in the Commercial/lndustrial Zone. 8.50.070.1 Generally. All outdoor lighting fixtures shall be installed and operated in conformance with this Chapter, and the Uniform Building and Electrical Codes. The following standards are applicable to all outdoor lighting within the Commercial/Industrial Zone: (Ord. 1014, May 1, 2012) 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; c. Partly shielded: 825 lumens (or equivalent) maximum; d. Unshielded: low voltage (twenty-four (24) volts or less) landscape and ornamental lighting; e. Prohibition against adjustable light fixture mounts: outdoor lighting fixtures shall be permanently installed so as to maintain the shielding requirements, except that landscape and ornamental lighting may use flexible or adjustable mounting systems. (Ord. 1011, May 1, 2012, Ord. 1029, 12/18/12) Updated 12/2014 BMC Title 8:64 8.50.070.3 Height Limit. Lights mounted on poles or structures intended primarily for mounting lights shall not exceed a mounting height of forty (40%) of the horizontal distance of the light pole from the property line, up to a maximum of twenty (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. (Ord. 1014, May 1, 2012) 8.50.070.4 Total Lamp Power Limit. This subsection applies to all outdoor lighting, whether attached to a building, poles or other structures. The maximum allowable lighting limit per parcel in the Commercial/Industrial Zone shall be determined by multiplying the area (square footage) of the parcel by 0.05, the allowable lamp wattage per square foot of parcel area. Project scale may require closer spacing and lower wattage. (Ord. 1014, May 1, 2012) 8.50.070.5 Lighting Curfew. Outdoor lighting systems in the Commercial/Industrial Zone shall be turned off or reduced in lighting by at least fifty percent (50%) beginning at 10:00 p.m. or close of business, whichever is later, until dawn or the start of business, whichever is sooner. The reduction shall be determined as an overall average for the parcel. When possible, the lighting system shall be turned off rather than reduced in lighting level. Lighting shall be equipped with controls for photocell on and timer off. Exceptions to the lighting curfew are as follows: a. When there is only one (I) conforming lighting fixture for the parcel; or b. When a law or regulation requires lighting for steps and stairs; or c. When, in the opinion of the Planning Director, reduced lighting levels at a given location will cause unacceptable increased risk and design levels must be maintained. (Ord. 1014, May 1, 2012) 8.50.070.6 Nonconforming Lighting. All outdoor Tight fixtures existing and legally installed prior to the effective date of this Chapter shall be deemed non -conforming and are exempt from the requirements of this Chapter except that non -conforming lighting fixtures shall not 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 less intense light source, removed or a combination thereof, to eliminate Tight trespass. Alternatively, a variance may be applied for. (Ord. 1014, May 1, 2012) BMC Title 8 : 65 Updated 07/2013 8.50.080-8.50.085 8.50.080 Special Use Zone. 8.50.080.1 Generally. The Special Use Area shall consist of specific land uses where the use of the space or area requires colors to be rendered as accurately as possible. Such uses may include, but are not limited to: a. Automobile sales lots; b. Outdoor recreation facilities (e.g. tennis courts, driving ranges, ball fields); c. Outdoor advertising displays; d. Service stations; g. Industrial areas were 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 Special Use Area shall be applied for and obtained from the Planning Director, upon written application therefore and the payment of an administrative fee. To obtain a MPP, applicants shall demonstrate that the proposed lighting installation: a. Is not within the Residential Lighting Zone; b. Utilizes fully -shielded, side shielded and internally -shielded light fixtures to the maximum extent practicable; c. Includes measures to mitigate Tight trespass and artificial sky glow. 8.50.080.3 Lighting Curfew. Outdoor lighting systems in the Commercial/Industrial Zone shall be turned off or reduced in lighting by at least fifty percent (50%) beginning at 10:00 p.m. or close of business, whichever is later, until dawn or the start of business, whichever is sooner. The reduction shall be determined as an overall average for the parcel. When possible, the lighting system shall be turned off rather than reduced in lighting level. Lighting shall be equipped with controls for photocell on and timer off. (Ord. 1014, May 1, 2012) 8.50.085 Parks and Trails Liahtina Specifications. 8.50.085.1 Generally. The following specifications shall apply to all public and private sidewalks, pedestrian trails, bicycle paths, and equestrian trails (collectively, "trails"), and public parks. (Ord. 1014, May 1, 2012) 8.50.085.2 Trails. Overhead lighting shall be placed on poles not more than sixteen (16) feet in height, illuminating only the trail itself plus an additional area of not more than five (5) feet in width on either side of the trail, with a total lamp power limit of 0.040 watts per square foot. (Ord. 1014, May 1, 2012) Updated 12/2014 BMC Title 8 : 66 8.50.090 8.50.085.3 Parks. Overhead lighting in parks shall be placed on poles not more than sixteen (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. (Ord. 1014, May 1, 2012) 8.50.085.4 Shared Public Lighting. Where street lights occur adjacent to parks and/or trails add an additional arm and light fixture to illuminate the adjacent park/trail area. 8.50.090 Street Liahtina Specifications. 8.50.090.1 Generally. The following specifications apply to all street lighting in the City, on all public and private roadways. The City has adopted the Southern California Edison (SCE) rate standards; scheduled rates LS -3 and LS -2. The City will accept the option of re- lamping. This rate schedule is for collector roads, arterial roads and highways. LS -3 is a metered system with a special rate. It may be combined with the sprinkler controller meter pedestal, in most cases. The in -tract streetlights on residential roads will be LS -2, fed from the nearest Point of Contact with SCE. The developer of each tract map or parcel map will pay the City to install the street lighting system. The street lighting system will be wholly-owned and installed by the City. The LS -3 systems shall consist of a two-inch conduit from the SCE source to a meter pedestal to the lights per approved layouts. All work performed shall be by a Licensed Electrical Contractor. All inspections shall be by the City of Beaumont. All new installations of street lights utilizing previously approved plans on collector roads shall utilize LED type luminaries; new installations in new tracts and collector roads shall be LED type luminaires and powered via solar power utilizing battery backup. These solar powered lights shall be referred to as "solar/LED lights" herein. (Ord. 1014, May 1, 2012) 8.50.090.2 LED Fixture Standard.. LED Luminaries to have rated life of 70,000 hours, 5000k color, Dark Sky approval, readily available replacement parts, and bird barrier spikes installed. 8.50.090.3 Solar/LED Assembly. 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 3 nights of operation without charging, and a system controller capable of dimming LED and regulating battery charge voltage. There shall be 2 standard types of these solar/LED assemblies; 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 designed to operate for a minimum of 3 nights without charging once fully 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 use the basic City color The Type A is a 30 -watt and will be installed on a twenty -three-foot pole, with a six-foot arm upswept three (3) feet for a luminaire mounting height of twenty-six (26) feet. The Type C-1, C-2 and D is a 4169 lumen fixture and will be mounted on a twenty-three foot pole with a eight foot arm upswept five (5) feet for a luminaire mounting height of twenty eight (28) feet. All arms are to be hot dipped galvanized steel or aluminum with a rain cap. Colored arms may be baked powder coating. Poles must have a minimum eighty (80) miles per hour wind factor and sustain a 1.3 gust factor. The approved manufacturer is Valmont, Inc. All poles will be identified on the pole label with the letters "BMT" to signify they are part of the City of Beaumont street lighting BMC Title 8 : 68 Updated 12/2014 system. Type B pole is a specially approved custom pole and has a specific luminaire. (Ord. 1014, May 1, 2012) 8.50.090.5 Pole Bases. All poles will have a thirty -inch round or square in -ground base with a depth of forty-eight (48) inches from top of curb, and a minimum forty-two (42) inches of concrete base depth. There will be four (4) one -inch anchor bolts thirty-six (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 dipped galvanized steel per pole manufacturer specifications. All poles are to be placed behind the curb with a center of pole measurement of eighteen (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 bases shall be a public works design mix with test strength of 3250 PSI. 8.50.090.6 Wiring toPole. Where solar/LED style lights are not utilized, wiring to pole will be two (2) #12 THWN stranded (one (1) red and one (I) black) ran down through pole, in one -inch schedule 40 PVC underground to an eleven (11) inches wide by seventeen (17) inches long by twelve -inch deep concrete hand hole with concrete cover marked "street lights" behind the sidewalk or next to the pole, in the sidewalk. All pull boxes shall have locks for the covers. Install a #6 copper wire through the one -inch PVC and ground below the top washer on one of the pole flanges with one -inch threaded nuts. In the same box provide 2 Fusetron GEB-II-II fuse holders with five (5) amp 250 -volt midget fuses on the power conductors (black and red). All fuse holders shall be taped with a fifty percent (50%) overlay, and a minimum of three (3) layers. Two (2) coatings of "scotch coat" shall be applied to all taped connections, for waterproofing. At the luminaire leave twelve (12) inches of slack wire as a service loop. All wire shall be copper. 8.50.090.7 The Main Wiring. Where solar/LED style lights are not utilized system shall be one -inch schedule 40 PVC run behind the curb, or shall be trenched with a minimum depth of eighteen (18) inches, in the parkway and twenty-four (24) inches under any street, or be four (4) inches below four (4) inches of concrete. At all times there must be a one -inch separation between the installed conduit and the concrete above it. On regular curb installations, with cut out or depressed driveway approaches, conduits run behind the curb must not be installed in the approach pour. Concrete pull boxes sized eleven (11) inches by seventeen (17) inches by twelve (12) inches will be placed behind the sidewalk at each pole and placed in long runs at a distance of three hundred (300) feet. The same pull boxes will be used for street crossings and branch wiring terminations. A pull box must be installed on at least one side of each street crossing, and all street crossing shall be run at a ninety -degree angle with the main flow of the street. All Main wiring between the street lights, and the meter will be one (1) #8 THWN Black, one (1) #8 THWN Red, and one (1) #8 THWN Green. Midblock lights are fed by one (1) #8 THWN Blue, and one (1) #8 THWN Yellow, in the same conduit. All terminations and splices will have epoxy seal packs installed on each connection in the pull boxes. All terminations will be made up with 3M brand Blue wire nuts. Ground wires do not require epoxy seal packs. All wire shall be copper. When wire nuts are used in the luminaire installation they must be securely taped. All wiring shall be #8 to three (3) or more poles. When wiring under the LS -2 system with two (2) poles or less the wire shall be #12 to the hand holes and to the Point of Contact. Use approved fuse holders at Point of Contact with SCE. (Ord. 1014, May 1, 2012) BMC Title 8 : 69 Updated 12/2014 8.50.090.8 The Circuitry and Voltage Drop. On the wire, shall not exceed five percent (5%) to the last Tight on the run or in any circumstance. The #8 THWN wire will have a breaker rated at fifty (50) amps and be a two -pole rated breaker. If a large number of lights are fed off one (1) pedestal and it is necessary to run two (2) radial circuits, install a second fifty - amp two -pole breaker to feed the second set of lights. The main switching of all lights will be the photocell at each light. Wire must be oversized to allow for voltage drop, use #6 THWN or #4 THWN when necessary. Circuit designs are about three thousand (3,000) plus feet for #8 THWN wire, and may extend to over four thousand (4,000) feet depending on connected load. (Ord. 1014, May 1, 2012) 8.50.090.9 The Meter Pedestal and Point of Contact. Where solar/LED style lights are not used, the meter pedestal will be an enclosed "traffic signal" type. It will be rated 120/240 - one (1) phase three -wire, and have four (4) jaws. The minimum amperage will be one hundred (100). The maximum AIC rating is 10,000AIC. If the number of lights on one (I) circuit exceeds the capacity of the breaker, add a second one. If the number of lights exceeds a load of 100 amps, use a 200 -amp meter with the same specifications. The meter pedestal will be fed from the nearest SCE pull box with three-inch schedule 40 PVC, verify location with the area SCE planner. If there is a landscape sprinkler clock, which controls solenoids only, no booster pumps, it may be added to the street light meter pedestal. This saves the need for two (2) different meters. All meter pedestals require three (3) one -inch PVC ninety -degree stub outs for future wiring of lighting or sprinkler timing clocks. The meter pedestal is only required with LS -3 street lights. Under LS -2 the Point of Contact is the nearest available SCE power, a hand hole, transformer pad or other junction point. When required the SCE meter coordination, SCE Service application, SCE fees, City of Beaumont electrical permit and the City of Beaumont service account setup is the responsibility of the Contractor. The Point of Contact for the LS -2 street lights shall be interconnected with SCE with two-inch schedule 40 PVC, with twenty -four - inch radius sweeps, thirty (30) inches of cover, and a 3h6 -inch pull rope. Fuses shall be installed in the Point of Contact pull box, SCE will provide #2 wire to the first hand hole. A 5/8 -inch copper -clad ground rod will be installed in the Point of Contact hand hole and the #8 ground wire will clamped to the rod with a "football or acorn style" ground clamp. 8.50.090.10 Layout of Poles. Will be based on the following street width design: A. 36, 40 and 44 foot streets. These are Local/Collector Streets, will be 30 wattluminaire. 30 watt will be used on interior streets of tracts at intersections, knuckles and cul-de-sacs. 1. For RESIDENTIAL streets the only lights to be installed are at intersections, knuckles, cul-de-sacs, 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 twenty -three-foot pole with a mounting height of twenty-six feet. The arm is to be six (6) 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 such as around parks, schools and public meeting places. BMC Title 8 : 69 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 two hundred twenty (200) feet with stagger or straight spacing. See diagram 9.A.2 for photometric layouts. Refer to pole standard 3, Type C -I or Type C-2. 3. For RURAL streets the only lights to be installed are at intersections, knuckles, cul-de- sacs, bends, or other conflict areas as determined necessary by the Director of Planning. A 2057 lumen fixture is to be installed on a Type A twenty -three-foot pole with a mounting height of twenty-six feet. The arm is to be six (6) 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. See diagrams 9.A.1A for photometric layouts. Refer to pole standard 1, Type A. B. 56 and 64 foot 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 less than .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 spacing will be two hundred (200) feet with a straight or stagger spacing. Use a 4169 lumens luminaire. Refer to pole standard 3, Type C -I or Type C-2. 2. For COMMERCIAL streets the minimum average foot-candles on the lanes of travel will not be less than 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 two hundred (200) feet with a stagger or straight spacing. Use a 4169 lumens luminaire. Refer to pole standard 3, Type C -I or Type C-2. 3. For RURAL streets the only lights to be installed are at intersections, knuckles, cul-de- sacs, bends, or other conflict areas as determined necessary by the Director of Planning. When installed the minimum average foot-candles on the lanes of travel will not be less than 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. Use a 4169 lumens luminaire. Refer to pole standard 3, Type C -I or Type C- 2. C. 76 foot 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 less than .84 foot-candles. The average divided by the minimum will be at a ratio of 3: I. The minimum foot-candles will be .28. The maximum spacing will be two hundred (200) feet with a stagger or straight spacing. Use a 4169 lumen luminaire. Refer to pole standard 3, Type C -I or Type C-2. 2. For COMMERCIAL streets the minimum average foot-candles on the lanes of travel will not be less than 1.3 foot-candles. The average divided by the minimum will be at a ratio of 3: 1. The minimum foot-candles will be .40. The maximum spacing will be one hundred eighty (180) feet with a stagger or straight spacing. Use a 4169 lumen luminaire. Refer to pole standard 3, Type C -I or Type C-2. BMC Title 8 : 70 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 has a 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 (1/2) the street improvement and the other half is a different developer's responsibility. 5. For RURAL streets the only lights to be installed are at intersections, knuckles, cul-de- sacs, bends, or other conflict areas as determined necessary by the Director of Planning. When installed the minimum average foot-candles on the lanes of travel will not be less than 1.3 foot- candles. The average divided by the minimum will be at a ratio of 3: 1. The minimum foot- candles will be .40. Use a 4169 lumen luminaire. Refer to pole standard 3, Type C -I or Type C-2. (QM: - 1014, Q:1014, May 1, 2012, Ord. 1029, December 18, 2012) 8.50.090.11 Layout of Poles at Pedestrian Conflict Areas for Residential Neighborhoods. Will include but are not limited to intersections, marked crosswalks, cul-de- sacs, knuckles, areas around parks, schools, gang -style mailbox locations and public meeting places. Where Type A poles are required, the layout will be twenty -six-foot poles with 2057 lumen luminaries spaced at one hundred ninety (190) feet, straight or stagger spacing, with all mid -block lights installed. The minimum average foot-candles are .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 required foot candles cannot be meet due to wider streets a Type D (2057 lumen) pole shall be allowed with a maximum spacing of two hundred forty (200) feet with a stagger or straight spacing. Refer to pole standard 2, Type D. (Ord. 1014, May 1, 2012, Ord. 1029, December 18, 2012 ) 8.50.090.12 Special Decorative Fixtures. Will follow the same foot-candle requirements and must be separately calculated for the proper spacing. Due to our dark sky policy, the City of Beaumont Public Works Director or his or her designee must approve all substitutions to prevent any lighting above ninety (90) degrees. All decorative shall be called Type B. All new decorative design projects, solar/LED style lights shall be utilized. (Ord. 1014, May 1, 2012) 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 (5) feet from a driveway approach, fire hydrant, traffic light, crossing signals, or any street signage or safety marker. (Ord. 1014, May 1, 2012) 8.50.090.14 Location of Poles. Poles are to be placed at or as near as possible to property lines on all residential streets. (Ord. 1014, May 1, 2012) 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. (Ord. 1014, May 1, 2012) 8.50.090.16 Street Light Curfew. All mid -block lights on fifty-six-, sixty-four- and seventy -six-foot roads will be turned off by a 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 # ETIO4C Intermatic or equal. All lights will still have a photocell and the time clock will control the operation of the photocell. Two (2) extra #8 wires will be pulled in these conduits (1-#8 THWN Blue, and 1-#8 THWN Yellow). No deviation from the color BMC Title 8 : 72 code will EVER be allowed. (Ord. 1014, May 1, 2012)8.50.090.17 The Street Types and Layout Requirements are as follows: MINIMUM AVERAGE HORIZONTAL FOOT CANDLES Types of Street Width of Street Commercial Major or Arterial Highway or Urban Alternate Residential 76 Feet and Wider Divided Collector Street or Secondary Highway 1.3 fc (3: I) Ratio 0.84 fc (3: I) Ratio 56 and 64 Feet Local and Collector Streets 1.2 fc (4: I) Ratio 36, 40 and 44 Feet 0.66 fc (4: 1) Ratio 0.84 fc (6: I) Ratio 0.37 fc (6: 1) Ratio 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.I and # 10 above for more information. (Ord. 1014, May 1, 2012) 8.50.090.18 Plans. All standards are subject to substitution of brand name for an approved equal. These specifications are a guideline. Street improvement plans must be submitted to the City of Beaumont Public Works Department. The location, aiming, fixture, pole, solar/LED assembly and base detail to be shown on one set of drawings for each street lighting project. 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 (3) full sets of plans for review and will be notified once review is complete. (Ord. 1014, May 1, 2012) 8.50.090.19 Inspection. The developer shall provide the City inspector with an onsite signed set of plans for inspection purposes. All sites shall have "Dig Alert" called forty-eight (48) hours prior to excavation and encroachment permits from the City when necessary. (Ord. 1014, May 1, 2012) 8.50.090.20 Monthly 0 & M Charges. On all private street systems the City will charge the owner or Home Owners Association for the street lighting usage based on the SCE LS -I rates. These charges will 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, May 1, 2012) BMC Title 8 : 73 8.50.095-8.50.100 8.50.095 Diaarams 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, December 18, 2012) 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. From time -to -time the Planning Director or his or her designee may recommend, and the City Council may adopt by resolution, as deemed necessary, appropriate fees, rules and regulations to implement the provisions of this Chapter. Such rules and regulations shall have the force of law and failure to comply shall be considered a violation of this Chapter. Such rules and regulations shall be implemented with the intent of minimizing light pollution, glare and trespass, and reducing energy use. (Ord. 1014, May 1, 2012) 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 designee for all commercial, industrial, institutional and residential development for review. The Planning 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 Special Use Zone may be subject to review and approval of a Conditional Use Permit by the Planning Commission. (Ord. 1014, May 1, 2012) 8.50.100.3 Appeal. An applicant may appeal the determination of the Planning Director or his or her designee within fifteen (15) days to the Planning Commission.. The applicant may appeal the Planning Commission's decision to deny or conditionally -approve a CUP within fifteen (15) days thereafter to the City Council, and the City Council's determination shall be final and conclusive for all proposes. (Ord. 1014, May 1, 2012) 8.50.100.4 Variance for 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 Tess intense light source, or remove the light to eliminate the light trespass. Corrective action shall be taken within ten (10) days after the determination. The Planning Director or his or her designee may grant additional time (not to exceed ninety (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 correcting the light trespass). A variance may be granted only if the following findings supported by substantial evidence can be made: a. There are special circumstances or conditions applying to the land, building or 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 and will not be injurious to the neighborhood or otherwise detrimental to 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 any person to the Planning Commission within fifteen (15) days of the decision. Alternatively, the Planning Director may forward the request to the Planning Commission because of the degree of Tight trespass, the cost of correction or other similar issues. (Ord. 1014, May 1, 2012) BMC Title 8 : 74 8.54.010-8.54.030 8.50.100.5 Violations and Penalties. It shall be unlawful for any person to install, erect, construct, operate, enlarge, alter, replace, move, improve or convert any outdoor lighting fixtures or structure, or cause the same to be done, contrary to or in violation of any provision of this Chapter. a. Any person who violates the provisions of this Chapter shall first receive a correction notice for the first violation in any given calendar year. The notice shall specify the nature of the offense, the date of occurrence and the required correction. b. In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Chapter 1.17 or shall be guilty of an infraction pursuant to 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 (6) months in jail, or both. (Ord. 1014, May 1, 2012) BMC Title 8 : 75 Agenda No. STAFF REPORT Date: March 17, 2015 To: Mayor and Council Members Through: City Manager 'prfr' From: Planning and Neighborhood Services Subject: Outdoor Lighting Update (Dark Sky Ordinance) 2"d Reading OPTIONS An Ordinance of the City Council of the City of Beaumont, California Amending Chapter 8.50 "Outdoor Lighting" of the Beaumont Municipal Code 1) Approve the 2nd reading of the attached Ordinance amending Chapter 8.50; 2) Modify and approve the 2"d reading of the attached Ordinance amending Chapter 8.50; 3) Deny the Ordinance amending Chapter 8.50; or 4) Continue the Ordinance amending Chapter 8.50 ACTIONS 1) Receive the Staff Report SUMMARY • Requiring Solar LED Street Lights • Requiring Solar LED Park Lighting • Requiring all new mailbox clusters to have Solar lighting • Text clean up of Watt to Lumen conversions • Special Lighting District text cleanup BACKGROUND This item was introduced at January 20, 2015 City Council meeting and had the Public Hearing at the March 3, 2015 City Council meeting. The City Council approved the Ordinance at its 1st reading. FISCAL IMPACT Reduction in energy costs Respectfully Submitted; City Staff ORDINANCE NO. 1055 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA REPEALING CHAPTER 9.38 OF THE BEAUMONT MUNICIPAL CODE CONCERNING RESIDENCY RESTRICTIONS FOR REGISTERED SEX OFFENDERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA, AS FOLLOWS: Section 1: Chapter 9.38 of the Beaumont Municipal Code (Ordinance 1013 adopted on March 20, 2012) entitled Residency Restrictions For Registered Sex Offenders, and any amendments thereto, is hereby repealed in its entirety. Section 2: This Ordinance shall take effect thirty (30) days after its adoption at the second reading. MOVED AND PASSED upon first reading this 7th day of April, 2015, by the following roll call vote: AYES: Fox, Knight, Lara, Orozco, Knight ABSTAIN: None NOES: None ABSENT: None MOVED, PASSED AND ADOPTED this 21st day of April, 2015, upon second reading by the following roll call vote: AYES: Lara, Knight, Orozco, White NOES: None ATTEST: ABSTAIN: None ABSENT: Fox CITY OF BEAUMONT By kANJ2 Brenda fight, Mayor 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 1055 duly introduced at a regular meeting of the City Council of the City of Beaumont held on April 7, 2014, and was duly adopted upon a second reading on April 21, 2015, by the roll call votes indicated therein. CITY OF BEAUMONT By (SEAL) 2 �1. c Staff Report TO: Mayor and Members of the City Council THROUGH: City Manager'"" , FROM: Office of the City Attorney and Police Department DATE: April 21, 2015 SUBJECT: An Ordinance Repealing Section 9.38 of the Beaumont Municipal Code -Residency Requirements for Sex Registrants ACTIONS: 1) See Options OPTIONS: 1) Approve Second Reading of Ordinance repealing Section 9.38 of the Beaumont Municipal Code 2) Modify the Ordinance as presented 3) Deny the Ordinance as presented 4) Continue and direct staff to return with additional information SUMMARY/ BACKGROUND: At the City Council Meeting on April 7, 2015 the City Council approved the First Reading of an Ordinance repealing Section 9.38 of the Beaumont Municipal Code. Section 9.38 established residency restrictions for sex registrants living within our City and a recent California Supreme Court recently ruled in a San Diego case that blanket residency restrictions were unconstitutional. At the request of City Council the police department has researched and provided current laws addressing oversight of sex offenders who are mandated to register per California Penal Code Section §290, the Sex Offender Registration Act: • The Act imposes a lifetime duty upon a convicted sex offender to register with the chief of police or sheriff of the jurisdiction of the city in which he or she is residing within five (5) days of changing his or her residence and thereafter in accordance with the Act; • The Act requires out-of-state convicted sex offender residents working or attending school in California for more than 14 days, or for an aggregate period exceeding 30 days in a calendar year, to register in accordance with the Act; • The Department of Justice shall make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified...and shall update the Internet Web site on an ongoing basis; • The Act mandates disclosure by persons required to register upon application or acceptance of a position involving children; and a prohibition against employment or volunteering of registered sex offenders where victim was a minor under 16 years of age; • Additionally, California Penal Code Section §3303.5 establishes certain residency requirements during the registrant's term of parole. These requirements can be imposed by a Parole Agent as terms of parole upon review of the registrant's specific case history, and may include restrictions from residing within 2000 feet of any public or private school, or park where children regularly gather. The police department currently maintains a database of all sex offenders who have registered to live within the city as required, and monitors the registrants to ensure they stay in compliance with the mandates of the Act. A new local ordinance attempting to regulate the behavior, residency and location of convicted sex offenders would appear to be preempted by state law as interpreted in decisions rendered by the Court of Appeal on loitering restrictions and the Supreme Court on residency and related restrictions. In fact, the Supreme Court made it clear that any regulation of convicted sex offenders would be limited to registration and oversight required by the State Act with any residency restrictions only to be imposed on a case-by-case basis by the Courts and parole officers. FISCAL IMPACT: There is no fiscal impact anticipated in repealing this Section Respectfully Submitted City Staff CITY OF BFAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, April 7, 2015 in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): An Ordinance of the City Council of the City of Beaumont, California, Repealing Section 9.38 of the Beaumont Municipal Code "Residency Restrictions for Registered Sex Offenders" It is the purpose and intent of this Ordinance to repeal Section 9.38 of the Beaumont Municipal Code which provides for the regulation of residency of registered sex offenders within the City of Beaumont. This Ordinance will repeal and delete Section 9.38 in its entirety. Frank Coe Police Chief Date: March 20, 2015 Publish one time only in the Record Gazette on March 27, 2015 City of Beaumont • 550 E. 6th Street • Beaumont • CA • 92223 • (951) 769-8520 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 116145 - REPEALING SECT. 9.38 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: March 27, 2015 Executed on: 03/27/2015 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, April 7, 2015 in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): An Ordinance of the City Council of the City of Beaumont, California, Repealing Section 9.38 of the Beaumont Municipal Code Residency Restrictions for Registered Sex Offenders It is the purpose and intent of this Ordinance to repeal Section 9.38 of the Beaumont Municipal Code which provides for the regulation of residency of registered sex offenders within the City of Beaumont. This Ordinance will repeal and delete Section 9.38 in its entirety. Frank Coe Police Chief Date: March 20, 2015 Published in The Record Gazette No. 116145 03/27,2015 ORDINANCE NO. 1056 AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN IMPROVEMENT AREA NO. 8E OF COMMUNITY FACILITIES DISTRICT NO. 93-1 OF THE CITY OF BEAUMONT PURSUANT TO THE APPROVED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX WHEREAS, the City Council (the "City Council") of the City of Beaumont, Riverside County, California (the "City") on March 17, 2015, duly adopted Resolution No. 2015-11 declaring its intention to establish Improvement Area No. 8E (the "Improvement Area") of Community Facilities District No. 93-1 of the City of Beaumont (the "CFD") and to levy special taxes, and of the necessity to incur bonded indebtedness to pay for certain public facilities for the Improvement Area under and pursuant to the terms and provisions of the "Mello -Roos" Community Facilities Act of 1982 (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and calling a public hearing on the establishment of such Improvement Area and on the necessity for incurring bonded indebtedness up to $25,000,000 to finance certain public facilities as set forth in Exhibit B of Resolution No. 2015-11 (as more specifically enumerated herein, the "Facilities") which bonded indebtedness shall be secured by the levy of a special tax within the Improvement Area; and WHEREAS, notices were published and posted as required by law relative to the intention of the City Council to form the proposed Improvement Area, to levy special taxes within the Improvement Area, to incur a bonded indebtedness secured by the special taxes levied within such Improvement Area and to establish an appropriations limit for the Improvement Area; and WHEREAS, pursuant to Resolution No. 2015-11 and Resolution No. 2015-12 (the "Resolutions") a public hearing was duly convened on May 5, 2015, and was subsequently continued by action of the City Council to May 19, 2015, in connection with the formation of the Improvement Area, at which hearing the City Council considered the establishment of the Improvement Area, the type and extent of the proposed Facilities, the proposed rate and method of apportionment of special tax for the Improvement Area, the proposed appropriations limit therefor, the necessity for incurring bonded indebtedness within the Improvement Area to finance Facilities and all other matters as set forth in the Resolutions, and at the above-mentioned public hearing, all persons interested, including all taxpayers, property owners and registered voters within the Improvement Area were given an opportunity to appear and be heard, and the testimony of all interested persons for or against the establishment of the Improvement Area, the levy of the special tax, the extent of the Improvement Area, the acquisition and construction of Facilities, the establishment of an appropriations limit for the Improvement Area, the necessity of or incurring bonded indebtedness to finance the Facilities, and any other matters set forth in said Resolutions were heard and considered and the City Council at the conclusion of said hearings was fully advised in the premises, and was authorized to proceed; and WHEREAS, following such public hearing, the City Council duly adopted (i) Resolution No. 2015-23 establishing the Improvement Area, approved the Rate and Method of Apportionment of Special Tax as set forth therein, authorized the acquisition and construction of Facilities and (ii) Resolution No. 2015-24 authorizing the issuance of bonded indebtedness to be incurred within the Improvement Area to finance the Facilities (including incidental expenses as authorized by the Act) in an amount not to exceed $25,000,000; and WHEREAS, on May 19, 2015, an election was held in the Improvement Area in which the qualified electors approved by more than two-thirds of the votes cast on the propositions of incurring bonded indebtedness, levying a special tax and establishing an appropriations limit; and Reso Intent WHEREAS, such bonded indebtedness and interest thereon will be payable from a special tax levied within the Improvement Area and collected in accordance with and subject to the maximum rates applicable thereto; and WHEREAS, the City Council is fully advised in the premises; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY ACTING AS THE LEGISLATIVE BODY OF THE COMMUNITY FACILITIE DISTRICT DOES ORDAIN AS FOLLOWS: Section 1. Recitals. All of the above recitals are true and correct. Section 2. Authorization of Levy. By the passage of this Ordinance, the City Council acting as the legislative body of the Improvement Area authorizes the levy of a special tax within the Improvement Area pursuant to the Rate and Method of Apportionment approved by Resolution No. 2015- 23 which is hereby incorporated by reference herein. Section 3. Annual Levy. The City Council is hereby further authorized each year by Resolution to determine the specific special tax rate and amount to be levied in the Improvement Area for the next fiscal year, except that the special tax rate to be levied in the Improvement Area shall not exceed that set forth in the Rate and Method of Apportionment approved by Resolution No. 2015-23, but the special tax may be levied at a lower rate. Section 4. Exempt Properties. Properties or entities of the State, federal or other local governments shall, except as provided in Sections 53317.3, 53317.5 and 53340.1 of the Act, be exempt from the above -referenced and approved special tax. Section 5. Use of Special Tax. All of the collections of the special tax shall be used as provided for in the Act and the proceedings conducted by the City for the CFD and the Improvement Area. The special tax shall be levied only so long as needed for its purpose as described in said Resolution. Section 6. Collection of Special Tax. The above authorized special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes, as such procedures may be modified by law or by the City Council from time to time (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemented tax bills), as such procedures may be modified by law or by the City Council, acting as the legislative body of the Improvement Area, from time to time and such special tax may be collected by direct billing by the Improvement Area, however, the special tax may be billed and collected at a different time or in a different manner if necessary for the Improvement Area to meet its financial obligations. A delinquent penalty of 10% of the special tax will attach at 5:00 p.m. on the date the special tax becomes delinquent and interest at 1.5% per month of the special tax will attach on the July 1 after the delinquency date and the first of each month thereafter until redeemed. The City Council, acting as the legislative body, may modify the manner of collection, the penalties, and the procedure, sale and lien priority in case of delinquency. Section 7. Judicial Foreclosure. As a cumulative remedy, if any amount levied pursuant hereto as a special tax for payment of bond interest or principal together with any penalties and 2 other charges accruing under this ordinance are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal, order that the same be collected by an action brought in the superior court to foreclose any lien therefor. Section 8. Effective Date. The Mayor of the City shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its final passage. Section 9. Authorization. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the specific authorization for adoption is pursuant to the provisions of Section 53340 of the Act. INTRODUCED AND READ this 19th day of May, 2015, by the following vote: AYES: Lara, Knight, Orozco NOES: White ABSTAIN: None ABSENT: Fox APPROVED AND ORDAINED this 21st day of July, 2015 by the following vote: AYES: Lara, Knight, Orozco, Fox NOES: White ABSTAIN: None ABSENT: None ATTEST: Cit<Clerk CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 1056 duly approved and ordained by the City Council on the date herein set forth. City ++ `erk of the 3 ty of Beaumont ORDINANCE NO. 1057 AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN IMPROVEMENT AREA NO. 8F OF COMMUNITY FACILITIES DISTRICT NO. 93-1 OF THE CITY OF BEAUMONT PURSUANT TO THE APPROVED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX WHEREAS, the City Council (the "City Council") of the City of Beaumont, Riverside County, California (the "City") on March 17, 2015, duly adopted Resolution No. 2015-13 declaring its intention to establish Improvement Area No. 8F (the "Improvement Area") of Community Facilities District No. 93-1 of the City of Beaumont (the "CFD") and to levy special taxes, and of the necessity to incur bonded indebtedness to pay for certain public facilities for the Improvement Area under and pursuant to the terms and provisions of the "Mello -Roos" Community Facilities Act of 1982 (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and calling a public hearing on the establishment of such Improvement Area and on the necessity for incurring bonded indebtedness up to $25,000,000 to finance certain public facilities as set forth in Exhibit B of Resolution No. 2015-13 (as more specifically enumerated herein, the "Facilities") which bonded indebtedness shall be secured by the levy of a special tax within the Improvement Area; and WHEREAS, notices were published and posted as required by law relative to the intention of the City Council to form the proposed Improvement Area, to levy special taxes within the Improvement Area, to incur a bonded indebtedness secured by the special taxes levied within such Improvement Area and to establish an appropriations limit for the Improvement Area; and WHEREAS, pursuant to Resolution No. 2015-13 and Resolution No. 2015-14 (the "Resolutions") a public hearing was duly convened on May 5, 2015, and was subsequently continued by action of the City Council to May 19, 2015, in connection with the formation of the Improvement Area, at which hearing the City Council considered the establishment of the Improvement Area, the type and extent of the proposed Facilities, the proposed rate and method of apportionment of special tax for the Improvement Area, the proposed appropriations limit therefor, the necessity for incurring bonded indebtedness within the Improvement Area to finance Facilities and all other matters as set forth in the Resolutions, and at the above-mentioned public hearing, all persons interested, including all taxpayers, property owners and registered voters within the Improvement Area were given an opportunity to appear and be heard, and the testimony of all interested persons for or against the establishment of the Improvement Area, the levy of the special tax, the extent of the Improvement Area, the acquisition and construction of Facilities, the establishment of an appropriations limit for the Improvement Area, the necessity of or incurring bonded indebtedness to finance the Facilities, and any other matters set forth in said Resolutions were heard and considered and the City Council at the conclusion of said hearings was fully advised in the premises, and was authorized to proceed; and WHEREAS, following such public hearing, the City Council duly adopted (i) Resolution No. 2015-26 establishing the Improvement Area, approved the Rate and Method of Apportionment of Special Tax as set forth therein, authorized the acquisition and construction of Facilities and (ii) Resolution No. 2015-27 authorizing the issuance of bonded indebtedness to be incurred within the Improvement Area to finance the Facilities (including incidental expenses as authorized by the Act) in an amount not to exceed $25,000,000; and WHEREAS, on May 19, 2015, an election was held in the Improvement Area in which the qualified electors approved by more than two-thirds of the votes cast on the propositions of incurring bonded indebtedness, levying a special tax and establishing an appropriations limit; and Reso Intent WHEREAS, such bonded indebtedness and interest thereon will be payable from a special tax levied within the Improvement Area and collected in accordance with and subject to the maximum rates applicable thereto; and WHEREAS, the City Council is fully advised in the premises; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY ACTING AS THE LEGISLATIVE BODY OF THE COMMUNITY FACILITIE DISTRICT DOES ORDAIN AS FOLLOWS: Section 1. Recitals. All of the above recitals are true and correct. Section 2. Authorization of Levy. By the passage of this Ordinance, the City Council acting as the legislative body of the Improvement Area authorizes the levy of a special tax within the Improvement Area pursuant to the Rate and Method of Apportionment approved by Resolution No. 2015- 26 which is hereby incorporated by reference herein. Section 3. Annual Levy. The City Council is hereby further authorized each year by Resolution to determine the specific special tax rate and amount to be levied in the Improvement Area for the next fiscal year, except that the special tax rate to be levied in the Improvement Area shall not exceed that set forth in the Rate and Method of Apportionment approved by Resolution No. 2015-26, but the special tax may be levied at a lower rate. Section 4. Exempt Properties. Properties or entities of the State, federal or other local governments shall, except as provided in Sections 53317.3, 53317.5 and 53340.1 of the Act, be exempt from the above -referenced and approved special tax. Section 5. Use of Special Tax. All of the collections of the special tax shall be used as provided for in the Act and the proceedings conducted by the City for the CFD and the Improvement Area. The special tax shall be levied only so long as needed for its purpose as described in said Resolution. Section 6. Collection of Special Tax. The above authorized special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes, as such procedures may be modified by law or by the City Council from time to time (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemented tax bills), as such procedures may be modified by law or by the City Council, acting as the legislative body of the Improvement Area, from time to time and such special tax may be collected by direct billing by the Improvement Area, however, the special tax may be billed and collected at a different time or in a different manner if necessary for the Improvement Area to meet its financial obligations. A delinquent penalty of 10% of the special tax will attach at 5:00 p.m. on the date the special tax becomes delinquent and interest at 1.5% per month of the special tax will attach on the July 1 after the delinquency date and the first of each month thereafter until redeemed. The City Council, acting as the legislative body, may modify the manner of collection, the penalties, and the procedure, sale and lien priority in case of delinquency. Section 7. Judicial Foreclosure. As a cumulative remedy, if any amount levied pursuant hereto as a special tax for payment of bond interest or principal together with any penalties and 2 other charges accruing under this ordinance are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal, order that the same be collected by an action brought in the superior court to foreclose any lien therefor. Section 8. Effective Date. The Mayor of the City shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its final passage. Section 9. Authorization. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the specific authorization for adoption is pursuant to the provisions of Section 53340 of the Act. INTRODUCED AND READ this 19th day of May, 2015, by the following vote: AYES: Lara, Knight, Orozco NOES: White ABSTAIN: None ABSENT: Fox APPROVED AND ORDAINED this 21st day of July, 2015 by the following vote: AYES: Lara, Knight, Orozco, Fox NOES: White ABSTAIN: None ABSENT: None ATTEST: By: CERTIFICATION of the .it of Beaumont The foregoing is certified to be a true copy of Ordinance No. 1057 duly approved and ordained by the City Council on the date herein set forth. 3 City Clerk of the City of Beaumont ORDINANCE NO. 1058 AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN IMPROVEMENT AREA NO. 17D OF COMMUNITY FACILITIES DISTRICT NO. 93-1 OF THE CITY OF BEAUMONT PURSUANT TO THE APPROVED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX WHEREAS, the City Council (the "City Council") of the City of Beaumont, Riverside County, California (the "City") on March 17, 2015, duly adopted Resolution No. 2015-15 declaring its intention to establish Improvement Area No. 17D (the "Improvement Area") of Community Facilities District No. 93-1 of the City of Beaumont (the "CFD") and to levy special taxes, and of the necessity to incur bonded indebtedness to pay for certain public facilities for the Improvement Area under and pursuant to the terms and provisions of the "Mello -Roos" Community Facilities Act of 1982 (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and calling a public hearing on the establishment of such Improvement Area and on the necessity for incurring bonded indebtedness up to $25,000,000 to fmance certain public facilities as set forth in Exhibit B of Resolution No. 2015-15 (as more specifically enumerated herein, the "Facilities") which bonded indebtedness shall be secured by the levy of a special tax within the Improvement Area; and WHEREAS, notices were published and posted as required by law relative to the intention of the City Council to form the proposed Improvement Area, to levy special taxes within the Improvement Area, to incur a bonded indebtedness secured by the special taxes levied within such Improvement Area and to establish an appropriations limit for the Improvement Area; and WHEREAS, pursuant to Resolution No. 2015-15 and Resolution No. 2015-16 (the "Resolutions") a public hearing was duly convened on May 5, 2015, and was subsequently continued by action of the City Council to May 19, 2015, in connection with the formation of the Improvement Area, at which hearing the City Council considered the establishment of the Improvement Area, the type and extent of the proposed Facilities, the proposed rate and method of apportionment of special tax for the Improvement Area, the proposed appropriations limit therefor, the necessity for incurring bonded indebtedness within the Improvement Area to finance Facilities and all other matters as set forth in the Resolutions, and at the above-mentioned public hearing, all persons interested, including all taxpayers, property owners and registered voters within the Improvement Area were given an opportunity to appear and be heard, and the testimony of all interested persons for or against the establishment of the Improvement Area, the levy of the special tax, the extent of the Improvement Area, the acquisition and construction of Facilities, the establishment of an appropriations limit for the Improvement Area, the necessity of or incurring bonded indebtedness to finance the Facilities, and any other matters set forth in said Resolutions were heard and considered and the City Council at the conclusion of said hearings was fully advised in the premises, and was authorized to proceed; and WHEREAS, following such public hearing, the City Council duly adopted (i) Resolution No. 2015-29 establishing the Improvement Area, approved the Rate and Method of Apportionment of Special Tax as set forth therein, authorized the acquisition and construction of Facilities and (ii) Resolution No. 2015-30 authorizing the issuance of bonded indebtedness to be incurred within the Improvement Area to finance the Facilities (including incidental expenses as authorized by the Act) in an amount not to exceed $25,000,000; and WHEREAS, on May 19, 2015, an election was held in the Improvement Area in which the qualified electors approved by more than two-thirds of the votes cast on the propositions of incurring bonded indebtedness, levying a special tax and establishing an appropriations limit; and Reso Intent WHEREAS, such bonded indebtedness and interest thereon will be payable from a special tax levied within the Improvement Area and collected in accordance with and subject to the maximum rates applicable thereto; and WHEREAS, the City Council is fully advised in the premises; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY ACTING AS THE LEGISLATIVE BODY OF THE COMMUNITY FACILITIE DISTRICT DOES ORDAIN AS FOLLOWS: Section 1. Recitals. All of the above recitals are true and correct. Section 2. Authorization of Levy. By the passage of this Ordinance, the City Council acting as the legislative body of the Improvement Area authorizes the levy of a special tax within the Improvement Area pursuant to the Rate and Method of Apportionment approved by Resolution No. 2015- 29 which is hereby incorporated by reference herein. Section 3. Annual Levy. The City Council is hereby further authorized each year by Resolution to determine the specific special tax rate and amount to be levied in the Improvement Area for the next fiscal year, except that the special tax rate to be levied in the Improvement Area shall not exceed that set forth in the Rate and Method of Apportionment approved by Resolution No. 2015-29, but the special tax may be levied at a lower rate. Section 4. Exempt Properties. Properties or entities of the State, federal or other local governments shall, except as provided in Sections 53317.3, 53317.5 and 53340.1 of the Act, be exempt from the above -referenced and approved special tax. Section 5. Use of Special Tax. All of the collections of the special tax shall be used as provided for in the Act and the proceedings conducted by the City for the CFD and the Improvement Area. The special tax shall be levied only so long as needed for its purpose as described in said Resolution. Section 6. Collection of Special Tax. The above authorized special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes, as such procedures may be modified by law or by the City Council from time to time (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemented tax bills), as such procedures may be modified by law or by the City Council, acting as the legislative body of the Improvement Area, from time to time and such special tax may be collected by direct billing by the Improvement Area, however, the special tax may be billed and collected at a different time or in a different manner if necessary for the Improvement Area to meet its financial obligations. A delinquent penalty of 10% of the special tax will attach at 5:00 p.m. on the date the special tax becomes delinquent and interest at 1.5% per month of the special tax will attach on the July 1 after the delinquency date and the first of each month thereafter until redeemed. The City Council, acting as the legislative body, may modify the manner of collection, the penalties, and the procedure, sale and lien priority in case of delinquency. Section 7. Judicial Foreclosure. As a cumulative remedy, if any amount levied pursuant hereto as a special tax for payment of bond interest or principal together with any penalties and 2 other charges accruing under this ordinance are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal, order that the same be collected by an action brought in the superior court to foreclose any lien therefor. Section 8. Effective Date. The Mayor of the City shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its fmal passage. Section 9. Authorization. This Ordinance shall be in full force and effect thirty (30) days after its fmal passage, and the specific authorization for adoption is pursuant to the provisions of Section 53340 of the Act. INTRODUCED AND READ this 19th day of May, 2015, by the following vote: INTRODUCED AND READ this 19th day of May, 2015, by the following vote: AYES: Lara, Knight, Orozco NOES: White ABSTAIN: None ABSENT: Fox APPROVED AND ORDAINED this 21st day of July, 2015 by the following vote: AYES: Lara, Knight, Orozco, Fox NOES: White ABSTAIN: None ABSENT: None City C 1 erk CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 1058 duly approved and ordained by the City Council on the date herein set forth. C Klerof the City of Beaumont 3 ORDINANCE NO. 1059 AN ORDINANCE OF THE CITY OF BEAUMONT APPROVING AMENDMENTS TO THE CITY OF BEAUMONT MUNICIPAL CODE PERTAINING TO CITY COUNCIL MEETINGS WHEREAS the City Council of the City of Beaumont, California, wishes to update the rules of parliamentary procedure to facilitate the orderly and timely conduct of meetings, to foster discussion and decision making, and to promote wider understanding and participation; and WHEREAS Section 2.04.040 of Chapter 2.04 of Title 2 of the Beaumont Municipal Code currently mandates that Robert's Rules of Order supplemented by Parliamentary Procedures at a Glance constitute the rules of order for all meetings of the City Council; and WHEREAS the City Council finds that Robert's Rules of Order are better suited to larger bodies than to city council meetings; and WHEREAS the City Council finds that more modern rules tailored to city council meetings will better serve to facilitate the orderly and timely conduct of meetings, to foster discussion and decision making, and to promote wider understanding and participation; THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced. SECTION 3. The City Council hereby amends Title 2, Chapter 2.04, "City Council Meetings" to read as follows: Chapter 2.04 CITY COUNCIL MEETINGS Sections: 2.04.010 Time and place — Generally. 2.04.020 Time and place — Holiday. 2.04.030 Notice not required. 2.04.040 Rules of Procedure. 2.04.041 Presiding Officer. 2.04.042 Maintenance of Order. 2.04.043 Decorum. 2.04.044 Time Limitation. 2.04.010. Time and Place — Generally. Regular meetings of the city council shall be held at such times and places as may be fixed by resolution duly adopted by the city council. (Ord. 303 §1, 1959) 2.04.020. Time and Place — Holiday. If a regular meeting of the city council falls on a legal holiday, such meeting shall be held on the next Wednesday not a legal holiday. (Ord. 303 §2, 1959) 2.04.030. Notice not required. No notice shall be required for any regular meeting of the city council. (Ord. 303 §3, 1959) 2.04.040. Rules of Procedure. The rules of order set forth in this section, supplemented by Rosenberg's Rules of Order, shall constitute the rules of order for all meetings of the City Council. 2.04.041. Presiding Officer. The Mayor shall be the Presiding Officer at all City Council meetings. In the absence of the Mayor, the Mayor Pro Temp shall be the Presiding Officer. In the absence of both the Mayor and the Mayor Pro Temp, the City Council shall elect a temporary Presiding Officer to serve until the arrival of the Mayor or Mayor Pro Temp, or until adjournment. 2.04.042. Maintenance of Order. The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person should be allowed to speak without first being recognized by the Mayor or Presiding Officer. All questions and remarks should be addressed to the Mayor or Presiding Officer. 2.04.043. Decorum. No City Council member shall be allowed to speak more than once upon any one subject until every other City Council member wishing to speak thereon shall have had the opportunity to speak. 2.04.044. Time Limitation. (a) The staff or other report and recommendations on an agenda item shall not exceed ten minutes. If the staff member or other person making the report and recommendations on an agenda item believes that his/her report and recommendations will exceed ten minutes, he/she shall request permission from the Mayor or Presiding Officer for extended presentation time. A majority of the quorum present may over -ride permission granted by the Mayor or Presiding Officer to extend the presentation time. (b) The City Council discussion and debate on an agenda item shall not collectively exceed thirty minutes. If a City Council member believes that Council discussion and debate will exceed thirty minutes, he/she may request that the Mayor or Presiding Officer extend the time for Council discussion/debate on an agenda item. A majority or the quorum may over -ride the Mayor's or Presiding Officer's decision to extend discussion/debate time on an agenda item. (c) Public comments shall be limited to 3 minutes per person per agenda item. SECTION 4. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937. INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 7th day of July, 2015, by the following roll call vote: AYES: Fox, Lara, Knight, Orozco, White NOES: None ABSENT: None ABSTAIN: None PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 21st day of July, 2015. AYES: Fox, Lara, Knight, Orozco, White NOES: None ABSENT: None ABSTAIN: None Approved as to f. rm: O. Pinkney, ,.+' "rim City Attorney a Rosenbergs Rules of Order: Simple Parliamentary Procedures for the 21st Century MISSION: • To restore and protect local control for cities through education and advocacy to enhance the quality of life for all Californians. VISION: To be recognized and respected as the leading advocate for the common interests of California cities. • About the League of California Cities Established in 1898, the League of California Cities is a mem- ber organization that represents California's incorporated cities. The League strives to protect the local authority and autonomy of city government and help California's cities effectively serve their residents. In addition to advocating on cities' behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts educational conferences and research, and publishes Western City magazine. About Western City Magazine Western City is the League of California Cities' monthly maga- zine. Western City provides lively, interdisciplinary analyses of issues affecting local governance. Its goal is to offer immediately practical ideas, information and bigger -picture policy issues and trends. For more information, visit www.westerncity.com. "Rosenberg's Rules of Order" first appeared in Western City magazine in August and September 2003. About the Author Dave Rosenberg is an elected county supervisor representing the 4th Districr in Yolo County. He also serves as director of community and intergovernmental relations, director of opera- tions, and senior advisor to the governor of California. He has served as a member and chair of numerous state and local boards, both appointed and elected, and also served on the Davis City Council for 12 years, including two terms as mayor. He has taught classes on parliamentary procedure and has served as parliamentarian for large and small governing bodies. In the fall of 2003, Gov. Davis appointed Rosenberg as a judge of the Yolo County Superior Court. To order additional copies of this publication, call (916) 658-8257 or visit www.cacities.orglstore. IT. 2003 League of California Cities. All rights reserved. 1400 K Street, Sacramento, CA 95814 (916) 658-8200 Fax (916) 658-8240 www.cacities.org Rosenberg's Rules of Order: Simple Parliamentary Procedures for the 21st Century . he rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that hasn't always been the case. Virtu- ally all clubs, associations, boards, coun- cils and bodies follow a set of rules, Robert's Rules of Order, which are em- bodied in a small but complex book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and purpose. If you are running the British Parliament, Robert's Rules of Order is a dandy and quite use- ful handbook. On the other hand, if you're running a meeting of a five - member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order. Hence, the birth of "Rosenberg's Rules of Order." This publication covers the rules of parliamentary procedure based on my 20 years of experience chairing meetings in state and local government. These rules have been simplified and slimmed down for 21st century meetings, yet they retain the basic tenets of order to which we are accustomed. "Rosenberg's Rules of Order" are sup- ported by the following four principles: 1. Rules should establish order. The first purpose of the rules of parlia- mentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be dear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate and those who do not fully understand and do not fully participate. 3. Rules should be user-friendly. That is, the rules must be simple enough that citizens feel they have been able to participate in the process. 4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of the rules of procedure is to encourage discussion and to facili- tate decision-making by the body. In a democracy, the majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself (but not dominate) and fully participate in the process. The Chairperson Should Take a Back Seat During Discussions While all members of the governing body should know and understand the rules of parliamentary procedure, it is the chairperson (chair) who is charged with applying the rules of conduct. The chair should be well versed in those There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire to move on. by Dave Rosenberg rules, because the chair, for all intents and purposes, makes the final ruling on the rules. In fact, all decisions by the chair are final unless overruled by the governing body itself. Because the chair conducts the meeting, it is common courtesy for the chair to take a less active role than other mem- bers of the body in debates and discus- sions. This does not mean that the chair should not participate in the debate or discussion. On the contrary, as a mem- ber of the body, the chair has full rights to participate in debates, discussions and decision-making. The chair should, however, strive to be the last to speak at the discussion and debate stage, and should not make or second a motion unless he or she is convinced that no other member of the body will do so. The Basic Format for an Agenda Item Discussion Formal meetings normally have a written, published agenda; informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body's agreed-upon road map for the meeting. And each agenda item can be handled by the chair in the following basic format. First, the chair should clearly announce the agenda item number and should clearly state what the subject is. The chair should then announce the format that will be followed. Second, following that agenda format, the chair should invite the appropriate people to report on the item, including any recommendation they might have. The appropriate person may be the chair, a member of the governing body, www.cacities.org 1 2 Rosenberg's Rules of Order: Simple Parliamentary Procedure for the 21st Century a staff person, or a committee chair charged with providing information about the agenda item. Third, the chair should ask members of the body if they have any technical questions for clarification. At this point, members of the governing body may ask clarifying questions to the people who reported on the item, and they should be given time to respond. Fourth, the chair should invite public comments or, if appropriate at a formal meeting, open the meeting to public input. If numerous members of the pub- lic indicate a desire to speak to the sub- ject, the chair may limit the time of each public speaker. At the conclusion of the public comments, the chair should ann- ounce that public input has concluded (or that the public hearing, as the case may be, is closed). Fifth, the chair should invite a motion from the governing body members. The chair should announce the name of the member who makes the motion. Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member who seconds the motion. It is normally good practice for a motion to require a second before proceeding with it, to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and a vote on the motion even when there is no second. This is a matter left to the discretion of the chair. Seventh, if the motion is made and sec- onded, the chair should make sure every- one understands the motion. This is done in one of three ways: 1. The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of the body to repeat the motion. League of California Cities Eighth, the chair should now invite dis- cussion of the motion by the members of the governing body. If there is no desired discussion or the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or a very brief discussion, the vote should proceed immediately, and there is no need to re- peat the motion. If there has been sub- stantial discussion, it is normally best to make sure everyone understands the motion by repeating it. Motions are made in a simple two-step process. First, the chair recognizes the member. Second, the member makes a motion by preceding the member's desired approach with the words: "I move ..." A typical motion might be: "I move that we give 10 days' notice in the future for all our meetings." The chair usually initiates the motion by: 1. Inviting the members to make a motion: "A motion at this time would be in order." Debate on policy is healthy; debate on personalities is not. The chair has the right to cut off discussion that is too personal, too loud or too crude. Ninth, the chair takes a vote. Simply asking for the "ayes" and then the "nays" is normally sufficient. If members of the body do not vote, then they "abstain." Unless the rules of the body provide otherwise or unless a super -majority is required (as delineated later in these rules), a simple majority determines whether the motion passes or is defeated. Tenth, the chair should announce the result of the vote and should announce what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the mem- bers, if any, who voted in the minority on the motion. This announcement might take the following form: "The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring 10 days' notice for all future meetings of this governing body." Motions in General Motions are the vehicles for decision- making It is usually best to have a mot- ion before the governing body prior to discussing an agenda item, to help every- one focus on the motion before them. 2. Suggesting a motion to the members: "A motion would be in order that we give 10 -days' notice in the future for all our meetings." 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but normally should do so only if he or she wishes a motion to be made but no other member seems willing to do so. The Three Basic Motions Three motions are the most common: 1. The basic motion. The basic motion is the one that puts forward a deci- sion for consideration. A basic mot- ion might be: "I move that we create a five -member committee to plan and put on our annual fundraiser." 2. The motion to amend. If a member wants to change a basic motion that is under discussion, he or she would move to amend it. A motion to amend might be: "I move that we amend the motion to have a 10 - member committee." A motion to amend takes the basic motion that is before the body and seeks to change it in some way. 3. The substitute motion. If a member wants to completely do away with the basic motion under discussion and put a new motion before the governing body, he or she would "move a substitute motion." A substi- tute motion might be: "I move a sub- stitute motion that we cancel the annual fundraiser this year." Motions to amend and substitute mo- tions are often confused. But they are quite different, and so is their effect, if passed. A motion to amend seeks to retain the basic motion on the floor, but to modify it in some way. A substitute motion seeks to throw out the basic motion on the floor and substi- tute a new and different motion for it. The decision as to whether a motion is really a motion to amend or a substitute motion is left to the chair. So that if a member makes what that member calls a motion to amend, but the chair deter- mines it is really a substitute motion, the chair's designation governs. When Multiple Motions Are Before The Governing Body Up to three motions may be on the floor simultaneously. The chair may reject a fourth motion until the three that are on the floor have been resolved. When two or three motions are on the floor (after motions and seconds) at the same time, the first vote should be on the last motion made. So, for exam- ple, assume the first motion is a basic "motion to have a five -member commit- tee to plan and put on our annual fund- raiser." During the discussion of this motion, a member might make a second motion to "amend the main motion to have a 10 -member committee, not a five -member committee, to plan and put on our annual fundraiser." And per- haps, during that discussion, a member makes yet a third motion as a "substitute motion that we not have an annual fundraiser this year." The proper proce- dure would be as follows. Rosenberg's Rules of Order: Simple Parliamentary Procedure for the 21st Century First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passes, it would be a substitute for the basic motion and would elimi- nate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be complete. No vote would be taken on the first or second motions. On the other hand, if the substitute motion (the third motion) failed, the chair would proceed to consideration of the second (now the last) motion on the floor, the motion to amend. If the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would now move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would now move to consider the main motion (the first motion) in its original format, not amended. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full dis- cussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, sub- ject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The fol- lowing motions are not debatable (that is, when the following motions are made and seconded, the chair must immedi- ately call for a vote of the body without debate on the motion): A motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. This motion requires a simple majority vote. A motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair deter- mines the length of the recess, which may range from a few minutes to an hour. It requires a simple majority vote. The challenge for anyone chairing a public meet- ing is to accommodate public input in a timely and time -sensitive way, while maintaining steady progress through the agenda items. Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five -member committee) or, if amended, would be in its amended format (10 -member com- mittee). And the question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. A motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: "I move we adjourn this meeting at midnight." It requires a simple majority vote. A motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to www.cacities.org 3 4 Rosenberg's Rules of Order: Simple Parliamentary Procedure for the 21st Century be placed on "hold." The motion may contain a specific time in which the item can come back to the body: "I move we table this item until our regu- lar meeting in October." Or the motion may contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. A motion to limit debate. The most common form of this motion is to say: "I move the previous question" or "I move the question" or "I call for the question." When a member of the body makes such a motion, the member is really saying: "I've had enough debate. Let's get on with the vote." When such a motion is made, the chair should ask for a second to the motion, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. Note that a motion to limit debate could include a time limit. For example: "I move we limit debate on this agenda item to 15 minutes." Even in this format, the the motion fails. If one member is ab- sent and the vote is 3-3, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions occur when the body is taking an action that effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super -majority) to pass: Motion to limit debate. Whether a member says, "I move the previous question," "I move the question," "I call for the question" or "I move to limit debate," it all amounts to an attempt to cut off the ability of the minority to dis- cuss an item, and it requires a two-thirds vote to pass. Motion to close nominations. When choosing officers of the body, such as the chair, nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers, and it requires a two-thirds vote to pass. If you are running the British Parliament, Robert's Rules of Order is a dandy and quite useful handbook. motion to limit debate requires a two- thirds vote of the body. A similar mot- ion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. Majority and Super -Majority Votes In a democracy, decisions are made with a simple majority vote. A tie vote means the motion fails. So in a seven -member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means League of California Cities Motion to object to the consideration of a question. Normally, such a motion is unnecessary, because the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. Motion to suspend the rules. This motion is debatable, but requires a two- thirds vote to pass. If the body has its own rules of order, conduct or proce- dure, this motion allows the body to sus- pend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the atten- dance at meetings by non -club mem- bers. A motion to suspend the rules would be in order to allow a non -club member to attend a meeting of the club on a particular date or on a particular agenda item. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself: the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to reconsider is made. A motion to reconsider requires a majority vote to pass, but there are two special rules that apply only to the motion to reconsider. First is the matter of timing. A motion to reconsider must be made at the meet- ing where the item was first voted upon or at the very next meeting of the body. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.) Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to recon- sider may be made only by a member who voted in the majority on the origi- nal motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other mem- ber of the body may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The pur- pose of this rule is finality. If a member of the minority could make a motion to reconsider, then ti -e item could be brought back to the body again and again, which would defeat the purpose of finality. If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time. Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. And at the same time, it is up to the chair and the members of the body to maintain com- mon courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every Rosenberg's Rules of Order: Simple Parliamentary Procedure for the 21st Century It is usually best to have a motion before the gov- erning body prior to discussing an agenda item, to help everyone focus. lege relate to anything that would inter- fere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person's ability to hear. Order. The proper interruption would be: "Point of order." Again, the chair would ask die interrupter to "state your point." Appropriate points of order Motions to amend and substitute motions are often confused. But they are quite different, and so is their effect, if passed. speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focus on the item and the policy in ques- tion, not on the personalities of the members of the body. Debate on policy is healthy; debate on personalities is not. The chair has the right to cut off discus- sion that is too personal, too loud or too crude. Debate and discussion should be fo- cused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is no. There are, however, exceptions. A speaker may be interrupt- ed for the following reasons: Privilege. The proper interruption would be: "Point of privilege." The chair would then ask the interrupter to "state your point." Appropriate points of privi- relate to anything that would not be considered appropriate conduct of the meeting; for example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day. This is sim- ply another way of saying, "Let's return to the agenda." If a member believes that the body has drifted from the agreed- upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair's determination may be appealed. Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed with- drawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Special Notes About Public Input The rules outlined here help make meet- ings very public -friendly. But in addi- tion, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One: Tell the public what the body will be doing. Rule Two: Keep the public informed while the body is doing it. Rule Three: When the body has acted, tell the public what the body did. Public input is essential to a healthy democracy, and community participa- tion in public meetings is an important element of that input. The challenge for anyone chairing a public meeting is to accommodate public input in a timely and time -sensitive way, while maintain- ing steady progress through the agenda items. The rules presented here for con- ducting a meeting are offered as tools for effective leadership and as a means of developing sound public policy www.cacities.org 5 SKU 1533 $5.00 To order additional copies of this publication, call (916) 658-8257 or visit www.cacities.org/store. © 2003 League of California Cities. All rights reserved. LEAIGUE CITIES plIDA This publication isprrnted Nzi on recycled paper 1400 K Street Sacramento, CA 95814 (916) 658-8200 Fax (916) 658-8240 www.cacities.org CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, July 7, 2015 in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): AN ORDINANCE OF THE CITY OF BEAUMONT APPROVING AMENDMENTS TO THE CITY OF BEAUMONT MUNICIPAL CODE PERTAINING TO CITY COUNCIL MEETINGS The ordinance to be considered for adoption is summarized as follows: Ordinance amends Title 2, Chapter 2.04 of the City of Beaumont Municipal Code relating to the rules of order for City Council meetings. This ordinance amends existing law pertaining to City Council meetings rules of order, and specifies that the Presiding Officer at each meeting will be the Mayor, or the Mayor Pro Tem if the Mayor is absent, or a temporary Presiding Officer if both the Mayor and Mayor Pro Tem are absent. This ordinance specifies that the Presiding Officer is responsible for maintenance of order and decorum, and that all speakers must be recognized by the Presiding Officer. This ordinance requires City Council members to refrain from speaking more than once on an issue until all council members who want to speak have had the opportunity to do so. This ordinance would place time limitations on reports and recommendations, discussion and debate, and public comments. The time limitations may be extended if necessary. Pursuant to this ordinance, these sections, supplemented by Rosenberg's Rules of Order, will constitute the rules of order for all City Council meetings. Date: June 8, 2015 Publish one time only in the Record Gazette on June 19, 2015 City of Beaumont • 550 E. 6th Street • Beaumont • CA • 92223 • (951) 769-8520 Staff Report To: City Council of the City of Beaumont, California From: Interim City Attorney Date: July 7, 2015 Re: Rosenberg's Rules of Order Subject: Ordinance of the City Council of the City of Beaumont approving amendments to the City of Beaumont Municipal Code Pertaining to the City Council Meetings Introduction Judge David (Dave) Rosenberg served as county supervisor (Yolo), mayor (Davis) and city council member (Davis) prior to his appointment to the bench in 2003. Judge Rosenberg authored Rosenberg's Rules of Order ("Rosenberg's Rules") to create parliamentary procedures "simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed."1 The four pillars of Rosenberg's Rules are that rules of parliamentary procedure should: 1) establish order; 2) be clear; 3) be user friendly; and 4) enforce the will of the majority while protecting the rights of the minority.2 Rosenberg's Rules provide a modern alternative to Robert's Rules of Order ("Robert's Rules"), which were originally published in 1876 and modeled after the parliamentary procedures used by the U.S. House of Representatives. Below is a summary of the parliamentary procedures set forth in Rosenberg's Rules. Establishing a Quorum Establishing a quorum, i.e. the minimum number of members required for business to be legally transacted, is the starting point of a meeting. In the absence of a specific rule of the body, the default rule is that quorum is one more than half the members of the body. Quorum can be lost during a meeting if a member departs and the remaining number of members falls below half of the members of the body. Business cannot be legally transacted if quorum is not established or is lost. Pursuant to the default rule, quorum for the five -member Beaumont City Council is three members. The Role of the Chair The chair is charged with applying the rules of conduct of a meeting, and all decisions by the chair are final unless overruled by the body itself. As such, the chair should try to be the last 1 David Rosenberg, Rosenberg's Rules of Order: Simple Parliamentary Procedures for the 21st Century (Rev. 2011). 2 Ibid. 1 to speak at the discussion and debate stage, and should not make or second a motion unless convinced that no other member will do so. In the case of the Beaumont City Council, the Presiding Officer (the Mayor, or Vice Mayor if the Mayor is absent, or the appointed Presiding Officer if both the Mayor and Vice Mayor are absent) will fulfill the role of the chair. The Basic Format for an Agenda Item Discussion The agenda is the roadmap for a meeting, and each item can be handled by the chair as follows: 1. Announce the agenda item clearly by stating its number and subject. 2. Invite the appropriate person(s) to report and make recommendations, if any, on the item. 3. Ask members of the body if the) have technical questions; members may ask such questions of the person(s) reporting and making recommendations, and such person(s) should be given time to answer. 4. Invite public comments or open for public input and announce when the period therefore has concluded or closed; if necessary, the chair may limit the time for public speakers. 5. Invite a motion and announce the name of the member making the motion. 6. Determine if any member wishes to second the motion and announce his/her name. NOTE: a second is good practice, but not an absolute requirement; in his/her discretion, the chair can proceed with consideration and vote even when there is no second. 7. Make sure that everyone understands the motion, in one of three ways: (i) Ask the maker of the motion to repeat it; or (ii) Repeat the motion; or (iii) Ask the secretary or the clerk to repeat the motion. 8. Invite discussion of the motion by the body and, when concluded, announce that the body will vote on the motion. If there has been little or no discussion, then the vote on the motion should proceed right away, and there is no need to repeat the motion; if there has been substantial discussion, it is best to repeat the motion. 9. Take a vote. 10. Announce the result of the vote, indicating the names of those who voted in the minority on the motion, and announce what action the bode has taken. Motions in General Motions are made in a two-step process: 1) the chair recognizes the member of the body; and 2) the member makes a motion starting with the words "I move ..." The chair usually initiates the motion by inviting the members to make a motion; suggesting a motion to the members; or making the motion if convinced that no other member will do so. The Three Basic Motions 2 I. The basic motion: puts forward a decision for the body's consideration. II. The motion to amend: takes the basic motion before the body and seeks to change it in some way. • A "friendly amendment" is an informal amendment which, if accepted by the maker and the member who seconded the motion pending on the floor, then becomes the pending motion on the floor. If either the maker or the member who seconded the motion rejects it, the proposer can make a formal motion to amend. III. The substitute motion: completely does away with the basic motion before the body and puts a new motion before the body. NOTE: the determination of whether a motion is a motion to amend or a substitute motion is up to the chair. Multiple Motions Before the Body There can be up to three (3) motions of the floor at the same time. If there are multiple motions on the floor, the vote should start on the last motion that is made. To Debate or Not to Debate The general rule is that a debate can continue as long as members wish to discuss an item, subject to the chair's decision that it is time to move on and take action. The following motions are exceptions to the general rule, and if made and seconded, the chair must immediately call for a vote of the body without debate: 1. Motion to adjourn: if passed, the body must immediately adjourn to its next regularly scheduled meeting; requires a simple majority vote. 2. Motion to recess: if passed, the body must immediately take a recess the duration of which is normally determined by the chair; requires a simple majority vote. 3. Motion to fix the time to adjourn: if passed, the body must adjourn the meeting at the specific time set in the motion; requires a simple majority vote. 4. Motion to table: if passed, the discussion of the item must stop and the item must be placed on hold. If the motion does not contain a specific time for the return of the item, a motion to take the item off the table and bring it back must be made at a future meeting; both require a simple majority vote. 5. Motion to limit debate: requires a two-thirds vote. 6. Motion to object to consideration of an item: if passed, the body is precluded from considering an item; requires a two-thirds vote. Majority and Super Majority Votes Usually, a simple majority is sufficient to pass a motion; however a two-thirds majority (a super majority) is necessary to pass the following motions: 1. Motion to limit debate 3 2. Motion to close nominations 3. Motion to object to the consideration of an item 4. Motion to suspend the rules: if the body has its own rules of order, conduct, or procedure, it allows the body to suspend the rules for a particular purpose. Counting Votes I. Simple majority: requires 50% + 1 II. Super majority: requires 2/3 (i.e. count the "no" votes and double that count to determine how many "yes" votes are needed to pass) III. Tie: motion fails To determine how to count abstentions, consult state statutes and then the rules of the body. If these are silent, the default rule is that all votes "present and voting" are counted, which means that abstentions are not counted on a vote on a motion. However, if the rules specify that all votes "present" are counted, abstentions are counted on a vote on a motion and, in effect, act as a no vote. Any answer other than a "yes" or "no" may be treated by the chair as an abstention. In the case of written ballots, a blank or unreadable ballot is treated as an abstention. Whether a member may vote as "absent" is up to the chair; the better approach is to treat this as an actual absence (which affects quorum), but the chair may treat it as an abstention. Some examples for a five -member body with all five members present: (i) Default rule ("present and voting") applies and the motion requires a simple majority 3-2 with no abstentions passes the motion, 2-2 with one abstentions fails (ii) Default rule ("present and voting") applies and the motion requires a super majority 4 4-1 with no abstentions passes the motion or 3-1 with one abstention passes the motion (iii) Rules specifi that all votes present are counted and the motion requires a super majority 4 3-1-1 (3 yes, 1 no, 1 abstention) fails the motion Motion to Reconsider Requires a simple majority, but two special rules apply: 1. Timing: a motion to reconsider must be made at the meeting where the item was first considered (unless the body votes to suspend the rules and by a super majority vote allows a motion to reconsider to be made at another time). 2. Maker: a motion to reconsider may be made only by a member who voted in the majority on the original motion; any member may second it. Courtesy and Decorum 4 Best practice is to be first recognized by the chair, and for only one speaker to have the floor at a time. The chair may cut off overly personal, loud, or crude discussion, and may limit the time allotted to speakers. A speaker may usually not be interrupted, subject to the following exceptions: 1. Privilege: anything that would interfere with the normal comfort of the meeting. The proper interruption is "point of privilege," and the proper response from the chair is "state your point." 2. Order: anything that would not be considered appropriate conduct for the meeting. The proper interruption is "point of order," and the proper response from the chair is "state your point." 3. Appeal: if the chair makes a ruling that a member of the body disagrees with. Requires a simple majority vote, and the ruling of the chair is deemed reversed. 4. Call for orders of the day: if a member feels that the body has departed from the agenda. Does not require a vote, and the chair simply reminds the body to return to the agenda. 5. Withdraw a motion: the maker may interrupt to withdraw his/her motion. The motion is immediately deemed withdrawn, but then any other member may make the motion if properly recognized. Special Notes About Public Input Three rules for the chair for each item: 1) tell the public what the body will be doing; 2) keep the public informed; and 3) tell the public what the body did. Conclusion The above summarizes Rosenberg' Rules to provide a quick reference for the City Council. These rules were revised in 2011 to simplify parliamentary procedures for smaller bodies, such as city councils, and to provide an alternative to the more complex Robert's Rules of Order. A copy of Rosenberg's Rules is attached for further reference. This memorandum and Rosenberg's Rules are designed to supplement the rules of order set forth in the Ordinance amending section 2.04.040 of the Beaumont Municipal Code. 5 ORDINANCE NO. 1060 AN ORDINANCE OF THE CITY OF BEAUMONT APPROVING AMENDMENTS TO THE CITY OF BEAUMONT MUNICIPAL CODE PERTAINING TO THE PROCUREMENT OF PROFESSIONAL SERVICES NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) (tl�e activity -will not result in a direct or reasonably forts. eab1c indilecl pl�y�iccd change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced. SECTION 3. Prosecution of Prior Ordinances. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City of Beaumont Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 4. The City Council hereby amends Title 3, Chapter 3.01 "Procurement of Professional Services" to read as follows: Sections: 3.01.010 3.01.020 3.01.030 3.01.040 3.01.050 3.01.060 Chapter 3.01 PROCUREMENT OF PROFESSIONAL SERVICES Purpose and Policy. Procurement Officer -Office Created. Procurement Officer -Duties. Competitive Procurement Procedures. Exemptions to Competitive Procurement Procedures. Award of Contract. 3.01.070 3.01.080 3.01.090 Term of Professional Services. City Council Discretion. Contracts Under Ten Thousand Dollars ($10,000.00). 3.01.010 Purpose and Polic4. It shall be the policy of the City that the procurement of professional services, including engineering, architectural, landscape architectural, environmental, land surveying, or construction project management services shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required, and on the fairness and reasonableness of the costs of services to the City, but shall not be awarded solely on the basis of cost. 3.01.020 Procurement Officer -Office Created. There is created the position of Procurement Officer. The duties of this Officer shall be administered by the City Manager or such person as he or she may designate. 3.01.030 Procurement Officer -Duties. The duties of the Procurement Officer shall be: A. The promulgation of administrative regulations and the adoption of such other rules and regulations as may be prescribed by the City Manager and approved by the City Council. Such regulations shall specifically prohibit practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit City employees from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract under this Section which would subject those employees to the prohibitions of the conflict of interest laws. B. The negotiation and recommendation of execution of contracts for professional services. 3.01.040 Competitive Procurement Procedures. The Procurement Officer shall comply with the following procedure for the procurement of professional services: A. Request for Proposal: Prepare a request for proposal and submit the request for proposal to the City Council for approval. The request for proposal shall identify all significant evaluation factors, including price or costs when required, and their relative importance. B. Solicitation of Proposal: The request for proposals shall be publicized and disclosed publically on the City website. Any properly qualified firm or professional shall be permitted to timely submit a responsive proposal for consideration. C. Evaluation: The Procurement Officer shall develop mechanisms for the technical evaluation of proposals received, and shall conduct discussions with the proposers regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services. D. Compilation: The Procurement Officer shall compile the proposals for consideration by the City Council. 3.01.050 Exemptions to Competitive Procurement Procedure. Upon obtaining approval from the City Council, the Procurement Officer may engage services of a professional firm or individual without complying with the Competitive Procurement Procedures in the following circumstances: A. The services are available only from a single source; or B. Public exigency or emergency will not permit delay; or C. State or federal grant or loan requirements authorize noncompetitive procurement of such services; or D. After solicitation of a number of sources, competition is deemed inadequate. In circumstances of public exigency or emergency where prior approval of the City Council cannot be reasonably obtained, the City Manager may engage services of a professional firm or individual. The professional services contract shall be submitted to the City Council at the next regularly scheduled City Council meeting. 3.01.060 Award of Contract. City Council approval is required for all contracts for professional services when the cost of the services is ten thousand dollars ($10,000.00) or more. The contract shall clearly state the names of the professionals that will provide services under the contract, along with their hourly rate. The contract shall also state a "not to exceed" sum. The professional shall not exceed the "not to exceed" sum without the City Council's prior approval. 3.01.070 Term of Professional Services. The term of any professional services contract awarded shall not exceed one (1) year. Contracts shall be submitted to the City Council annually for approval, renewal, termination, non -renewal or extension. Professional services contracts shall not contain "evergreen" type clauses that allow for automatic renewal without City Council approval. 3.01.080. Cit Council Discretion. The award of a contract for professional services shall be within the City Council's discretion. The City Council may, in its discretion, modify or extend a request for proposal for professional services. The City Council reserves the right to reject any and all proposals. 3.01.090 Contracts Under Ten Thousand Dollars ($10,000.00). Professional services contracts under ten thousand dollars ($10,000.00) may be awarded by the Procurement Officer without City Council approval. Professional services contracts shall not be divided into smaller contracts or subcontracts to avoid the competitive procedures set forth in Sections 3.01.040 and 3.01.060. SECTION 5. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont, California, approves an amendment to the City Code. AYES: Fox, Lara, Knight, Orozco, White NOES: None ABSENT: None ABSTAIN: None PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 21st day of July, 2015. AYES: Fox, Lara, Knight, Orozco, White NOES: None ABSENT: None ABSTAIN: None Brenda Knight, May (Seal) Attest: Approved as pfo John 0. Pinkney, Inte : "ity Attorney CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, July 7, 2015 in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): AN ORDINANCE OF THE CITY OF BEAUMONT APPROVING AMENDMENTS TO THE CITY OF BEAUMONT MUNICIPAL CODE PERTAINING TO THE PROCUREMENT OF PROFESSIONAL SERVICES The ordinance to be considered for adoption is summarized as follows: Ordinance amends Title 3, Chapter 3.01 of the City of Beaumont Municipal Code relating to the procurement of professional services (as defined). This ordinance amends existing law pertaining to competitive procurement of professional services and requires City Council approval on all professional services contracts over ten thousand dollars ($10,000.00). The ordinance also establishes substantive requirements for professional services contracts and places a term limit on professional services contracts. This ordinances also places discretion in the City Council to modify and extend professional services contracts. This ordinance finally provides that professional services contracts for less than ten thousand dollars ($10,000.00) may be awarded by the Procurement Officer, but that such contracts cannot be divided so as to avoid the competitive procurement procedures. Date: June 8, 2015 Publish one time only in the Record Gazette on June 19, 2015 City of Beaumont • 550 E. 6th Street • Beaumont • CA • 92223 • (951) 769-8520 4.b STAFF REPORT To: Mayor and Council Members Through: City Manager From: Interim City Attorney Date: July 7, 2015 Subject: Ordinance - Procurement of Professional Services Background: Our office has been directed by City staff to revise the current procurement of professional services code to provide for more direct oversight and involvement by the City Council. The revised ordinance, attached hereto as Exhibit "A", does the following: The ordinance amends Title 3, Chapter 3.01 of the City of Beaumont Municipal Code pertaining to competitive procurement of professional services and requires City Council approval on all professional services contracts over ten thousand dollars ($10,000.00). The ordinance also establishes substantive requirements for professional services contracts and places a term limit on professional services contracts. The ordinance also places discretion in the City Council to modify and extend professional services contracts. The ordinance finally provides that professional services contracts for less than ten thousand dollars ($10,000.00) may be awarded by the Procurement Officer, but that such contracts cannot be divided so as to avoid the competitive procurement procedures. Options: The City Council has three options: (1) Pass the attached ordinance, as is. If the Council supports the proposed ordinance, it may introduce and read the ordinance for the first time after a public hearing on the matter. The ordinance may then be approved by the Council on the second read. (2) Recommend changes to the proposed ordinance. The Council may also recommend changes to the proposed ordinance. Our office would then implement those changes and submit a new proposed ordinance for the Council to consider at a continued public hearing. (3) Leave the existing law in place. Finally, the Council may desire to reject the proposed ordinance and leave the existing law in place. ORDINANCE NO. 1061 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING SECTION 2.08.160 "CITY CLERK DUTIES" TO THE CITY OF BEAUMONT MUNICPAL CODE WHEREAS, Beaumont Municipal Code does not currently set forth the duties and responsibilities of the City Clerk; and WHEREAS, the City Council of the City of Beaumont desires to enhance transparency and accountability regarding City affairs; and WHEREAS, the City Council desires to provide for increased input and participation of the City Clerk regarding preparation and recording of the activities and decisions of the City Council; codification and maintenance of official City records; administration of municipal elections; coordination of assigned activities with other divisions, departments and outside agencies; and provision of administrative support to the City Manager and the City Council; and WHEREAS, the City Council finds that it is in the best interests of the City to adopt duties and responsibilities of the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1. CEOA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced. SECTION 3. The City Council hereby adds Section 2.08.150 "City Clerk Duties" to the City of Beaumont Municipal Code as follows: 1 Section 2.08.160 "City Clerk Duties" Section 2.08.160 Cit% Clerk Duties. A. The City Clerk shall have all of the powers, duties and responsibilities granted to and imposed upon the office of the City Clerk by the Sections 40801 et seq. of the Government Code, other general laws of the State, the provisions of this Code, and the ordinances and resolutions of the City Council. B. The principal functions of the City Clerk shall be to: 1. Attend all regular, special emergency meetings of the City Council except when excused by the Mayor, and be responsible for the timely recording and maintaining of a record of all the actions of the City Council; 2. Keep all ordinances and resolutions of the City Council in such a manner that the information contained therein will be readily accessible and open to the public. The City Clerk shall attest to each resolution and ordinance adopted by the City Council and, as to ordinances requiring publication, that the ordinance has been published or posted in accordance with law; 3. Prepare the records retention schedule for City departments in such manner that the information contained therein will be readily accessible and open to the public pursuant to the California Public Records Act, Government Code Section 6250 et seq., until such time as any of the records may be destroyed or reproduced and the original destroyed, in accordance with State law; 4. Serve as the official custodian of all City records; 5. Receive, organize, prepare and reply to requests regulated by the California Public Records Act; 6. Serve as custodian of the seal of the City; 7. Perform the duties prescribed by the Elections Code in conducting municipal elections; 8. Perform the duties imposed upon city clerks by the California Political Reform Act; 9. Be responsible for the maintenance and distribution of the City's Municipal Code; 10. Receive and forward to appropriate departments all claims filed against the City and its officers, agents or employees, pursuant to the provisions of the Tort Claims Act, Government Code Section 900 et seq., and 26 of this code; 11. Administer all official oaths of office; 12. Certify all official records of the City; and 13. Perform such other duties as assigned by the City Council. 14. The City Clerk may appoint deputies for whose acts the City Clerk and his or her bondsmen are responsible. The deputies shall hold office at the pleasure of the City Clerk and receive such compensation as is provided by the City Council. 2 SECTION 4. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont, California, approves this amendment to the City Code. INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 18th day of August, 2015, by the following roll call vote: AYES: Lara, Orozco, Knight, White NOES None ABSENT: Fox ABSTAIN None PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 1st day of September, 2015. AYES: Fox, Lara, Orozco, Knight, White NOES None ABSENT: None ABSTAIN None (Seal) Approved as t Pinkney, I erim City Attorney 3 CITY OP BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, August 18, 2015 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING SECTION 2.08.160 "CITY CLERK DUTIES" TO THE CITY OF BEAUMONT MUNICPAL CODE The intent of the ordinance is to set forth the duties and responsibilities of the City Clerk. The City Council desires to enhance transparency and accountability regarding City affairs. The City Council also desires to provide for increased input and participation of the City Clerk regarding preparation and recording of the activities and decisions of the City Council; codification and maintenance of official City records; administration of municipal elections; coordination of assigned activities with other divisions, departments and outside agencies; and provision of administrative support to the City Manager and the City Council. Date: August 4, 2015 Publish one time only in the Record Gazette on August 7, 2015 City of Beaumont • 550 E. 6th Street • Beaumont • CA • 92223 • (951) 769-8520 ORDINANCE NO. 1062 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 2.35 "STANDING FINANCIAL COMMITTEE" TO THE CITY OF BEAUMONT MUNICIPAL CODE WHEREAS, the City Council of the City of Beaumont desires to enhance transparency and accountability regarding City financial affairs, as well as establish effective fiscal management and investment policies within the City; and WHEREAS, the City Council desires to provide for increased citizen input and participation regarding fiscal policy and practices; and WHEREAS, the City Council finds that it is in the best interests of the City to establish a Standing Financial Committee to act in an advisory capacity to the City Council in order to meet such goals. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1. CEOA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced. SECTION 3. The City Council hereby adds Chapter 2.35 "Standing Financial Committee" to the City of Beaumont Municipal Code as follows: 1 Chapter 2.35 "Standing Financial Committee" Sections: 2.35.010 Purpose and Intent. 2.35.020 Definitions. 2.35.030 Creation of Committee. 2.35.040 Appointment and Qualifications of Committee Members. 2.35.050 Term and Tenure of Members. 2.35.060 Powers and Duties. 2.35.070 Rules and Regulations. 2.35.010 Purpose and Intent. The purpose of this Chapter is to establish a Standing Financial Committee. The Standing Financial Committee shall act in an advisory capacity to the City Council and work to promote enhanced fiscal responsibility, accountability, integrity, transparency, and to recommend fiscal and investment policies for City Council consideration. 2.35.020 Definitions. (A) "City" shall mean the City of Beaumont; (B) "Code" shall mean the City of Beaumont Municipal Code; (C) "Committee" shall mean the Standing Financial Committee as established herein. 2.35.030 Creation of Committee. There is hereby created a Standing Financial Committee. The Committee shall consist of nine (9) members. 2.35.040 Appointment and Qualifications of Committee Members. The City Council shall appoint the members of the Committee. Committee members shall be at least eighteen (18) years of age and shall consist of at least two (2) members of the City Council, the City Treasurer, the City Manager or his or her designee as the highest ranking financial staff member of the City, and five (5) residents of the City of Beaumont. The ninth committee member shall either be a City resident and/or he or she must own a business operating within the City. The City Manager and his or her designee as the highest ranking financial staff position shall be on the Committee as non-voting members. There will be nine voting members. Any Committee member may be removed from the Committee after three consecutive unexcused absences from meetings and a majority vote of the Committee. 2.35.050 Term and Tenure of Members. All members of the Committee shall be appointed for a term of two (2) years and shall serve at the pleasure of the City Council. Members shall serve without compensation. 2.35.060 Powers and Duties. The Committee shall be advisory to the City Council. The Committee shall hold public meetings at least once every sixty days. The Committee shall make recommendations to the City Council regarding: 2 (A) City investment policies and practices; (B) Long term financial planning; (C) Such other matters as the City Council may request from time to time 2.35.070 Rules and Regulations. The Committee shall appoint a chair, who shall conduct Committee meetings and report quarterly to the City Council on Committee activities and recommendations. The Committee shall adopt such rules and regulations as are needed to conduct its meetings and shall comply with the Brown Act and other applicable laws. SECTION 4. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont, California, approves this amendment to the City Code. INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 18th day of August, 2015, by the following roll call vote: AYES: Lara, Orozco, Knight, White NOES None ABSENT: Fox ABSTAIN None PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 15th day of September, 2015 by the following vote: AYES: Fox, Lara, Orozco, Knight, White NOES None ABSENT: None ABSTAIN None Attest: ,��il1l�► Ju1icart nez, Cit } erk Approved as to John) inkney, Int- 'm City Attorney 3 CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, August 18, 2015 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 2.35 "STANDING FINANCIAL COMMITTEE" TO THE CITY OF BEAUMONT MUNICIPAL CODE The intent of the ordinance is to set forth the duties and responsibilities of the Standing Financial Committee. The Beaumont City Council desires to enhance transparency and accountability regarding City financial affairs, as well as establish effective fiscal management and investment policies within the City. The City Council also desires to provide for increased citizen input and participation regarding fiscal policy and practices. The City Council finds that it is in the best interests of the City to establish a Standing Financial Committee to act in an advisory capacity to the City Council in order to meet such goals. Date: August 4, 2015 Publish one time only in the Record Gazette on August 7, 2015 City of Beaumont • 550 E. 6th Street • Beaumont • CA • 92223 • (951) 769-8520 ORDINANCE NO. 1063 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 15.46 "EXPEDITED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS" TO THE BEAUMONT MUNICIPAL CODE" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 15.46, entitled "Expedited Permitting Procedures for Small Residential Rooftop Solar Energy Systems", is hereby added to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. Section 3: If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are hereby declared to be severable. Section 4: This ordinance shall take effect thirty (30) days after its adoption. MOVED AND PASSED upon first reading this 15th day of September, 2015, by the following roll call vote: AYES: Fox, Knight, Lara, Orozco, White NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 6th day of October, 2015, upon second reading by the following roll call vote: AYES: Fox, Knight, Lara, Orozco, White NOES: None ABSTAIN: None ABSENT: None ATTEST: Bren fight, Mayor. City Cler r.-� Chapter 15.46 Expedited Permitting Procedures for Small Residential Rooftop Solar Energy Svstems Sections: 15.46.010 Findings and Purpose 15.46.020 Authority 15.46.030 Definitions 15.46.040 Exemptions 15.46.050 Small Residential Rooftop Solar Energy System Checklists and Standard Plans 15.46.060 Application Review 15.46.070 Inspection 15.46.080 Severability 15.46.090 Effective Date 15.46.010 Findings and Purpose a. Subsection (a) of Government Code section 65850.5 states that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of solar energy systems is a matter of statewide concern and it is the policy of the State to promote and encourage the use of solar energy systems and to limit obstacles to their use. b. Subsection (a) of Government Code section 65850.5 further states that it is the intent of the Legislature of the State that local agencies "not adopt ordinances that create unreasonable barriers to the installation of solar energy systems, including, but not limited to, design review for aesthetic purposes, and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install solar energy systems," and "encourage the installation of solar energy systems by removing obstacles to, and minimizing costs of, permitting solar energy systems." c. The purpose of this ordinance is to adopt an expedited, streamlined permitting process for small residential rooftop solar energy systems that complies with the Solar Rights Act, as amended by Assembly Bill 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of such systems while protecting public health and safety. d. This ordinance shall apply to the permitting of all small residential rooftop solar energy systems in the City. Small residential rooftop solar energy systems permitted prior to the effective date of this ordinance are not subject to the requirements set forth herein unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small residential rooftop solar energy system in such a way as to require new permitting. Routine operation and maintenance or like -kind replacements shall not require a permit. 3 15.46.020 Authority This ordinance is adopted pursuant to the authority granted by Article XI, Section 7 of the California Constitution, Government Code section 65850.5, and Health & Safety Code section 17959.1. 15.46.030 Definitions As used in this ordinance, the following terms shall have the following meanings: a. Electronic submittal. The utilization of one or more of the following: (1) Email; (2) Internet; (3) Facsimile. b. Small residential rooftop solar energy system. A solar energy system which meets all of the following: (1) A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal. (2) A solar energy system that (i) conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the County; (ii) all state and County health and safety standards; and (iii) all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. (3) A solar energy system that is installed on a single or duplex family dwelling. (4) A solar panel or module array that does not exceed the maximum legal building height as defined by the County. c. Solar energy system. A system which is an accessory use to any residential, commercial, industrial, mining, agricultural or public use, used primarily (i.e. more than 50 percent) to reduce onsite utility usage, and which is either of the following: (1) Any solar collector or other solar energy device the primary purpose of which is to provide for the collection, storage and distribution of solar energy for electric generation, space heating, space cooling, or water heating. (2) Any structural design feature of a building, the primary purpose of which is to provide for the collection, storage and distribution of solar energy for electric generation, space heating, space cooling, or water heating. d. Specific. adverse impact. A significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public 4 health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. 15.46.040 Exemptions This ordinance shall not apply to solar energy systems that are not small residential rooftop solar energy systems. All other solar energy systems, including residential rooftop solar energy systems greater than 10 kilowatts, shall be processed under conventional permit issuance procedures, and the provisions of this ordinance shall not apply. 15.46.050 Small Residential Rooftop Solar Ener„ ti Sy stems Checklists and Standard Plans a. On or before September 30, 2015, the Building Official shall adopt an administrative, nondiscretionary expedited review process for small residential rooftop solar energy systems, including standard plans and checklists. The checklists shall set forth all requirements with which the small residential rooftop solar energy system must comply in order to be eligible for expedited review. b. The small residential rooftop solar system permit process, standard plans, and checklists, shall substantially conform to the recommendations for expedited permitting, including the checklists and standard plans, contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research. c. The Building Official may modify the checklists and standard plans found in the California Solar Permitting Guidebook due to unique climactic, geological, seismological, or topographical conditions. d. The checklists and standard plans for small residential rooftop solar energy systems adopted by the Building Official, as well as all other required permitting documentation shall be published on the City's website. If the Building Official modifies the checklists and standard plans found in the California Solar Permitting Guidebook, he shall document the unique climactic, geological, seismological or topographical conditions requiring such modifications and shall also include such documentation on the City's website. 15.46.060 Application Review a. The applicant may submit the application and related documentation for a small residential rooftop solar energy system by electronic submittal, with all required permit processing and inspection fees, as specified on the City website. Electronic signatures shall be accepted by the Building and Safety Department on all electronic submittals in lieu of a wet signature. b. An application for a small residential rooftop solar energy system shall be 5 deemed complete when Building and Safety Department staff determines that the application satisfies all the information requirements in the checklists and standard plans. c. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission. d. Applications for small residential rooftop solar energy systems shall be administratively reviewed and approved by the Building Official as nondiscretionary permits within in a reasonable time, not to exceed 30 days, following receipt of a complete application that meets the requirements of the County's approved checklists, standards plans, and payment of all required permit processing and inspection fees. e. The Building Official may require the applicant to apply for a plot plan pursuant to California Building Code Section 107 and all provisions of California Building Code Section 107 shall apply if the Building Official finds, based on substantial evidence, that the proposed small residential rooftop solar energy system could have a specific, adverse impact upon the public health and safety. f. Approval of an application for a small residential rooftop solar energy system shall not be based or conditioned on the approval of an association, as defined in section 4080 of the Civil Code. g. Approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility. 15.46.070 Inst ection a. Only one inspection shall be required and performed by staff for small residential rooftop solar energy systems eligible for expedited review. b. The inspection shall be done in a timely manner. c. A separate fire inspection may be performed if an agreement with the local fire authority does not exist to perform safety inspections on behalf of the fire authority. d. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this section. 6 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 122341-ROOFTOPSOLARENERGY State of California County of Riverside ) SS. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: September 4, 2015 Executed on: 09/04/2015 At Banning , CA I ceritfy (or declare) under penalty of perjury that the fore•oing is true and correct. Signature NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, September 15th, 2015 at 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA CHAPTER 15.46 EXPEDITED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS The City of Beaumont is proposing to adopt Chapter 15.46 Expedited Permitting Procedures for Small Residential Rooftop Solar Energy Systems with Chapter 15 Buildings & Construction to codify the requirements of Section 65850.5(g)(1) of the California Government Code, such as accepting and approving applications through the Citys web site, directing the Citys Building Official to develop a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review, and authorizes the Building Official to administratively approve such applications. Rebecca Deming Director of Planning Published in The Record Gazette No. 122341 09/04, 2015 ORDINANCE NO. 1064 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING SECTION 2.08.120 "CITY TREASURER DUTIES" TO THE CITY OF BEAUMONT MUNICIPAL CODE WHEREAS, Beaumont Municipal Code does not currently set forth the duties and responsibilities of the City Treasurer; and WHEREAS, the City Council of the City of Beaumont desires to enhance transparency and accountability regarding City financial affairs, as well as establish effective fiscal management and investment policies within the City; and WHEREAS, the City Council desires to provide for increased input and participation of the City Treasurer regarding the City's fiscal policy and practices; and WHEREAS, the City Council finds that it is in the best interests of the City to adopt duties and responsibilities of the City Treasurer. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced. SECTION 3. The City Council hereby adds Section 2.08.120 "City Treasurer Duties" to the City of Beaumont Municipal Code as follows: 1 Section 2.08.120 "City Treasurer Duties" Section 2.08.120 City Treasurer Duties. A. The City Treasurer shall perform those duties established by the general laws of the State of California relating to the management and investment of City money set forth in Sections 41001 et seq. of the Government Code. Such duties include but are not limited to: 1. Receiving and safely keeping all money coming into his or her hands as City Treasurer; 2. Complying with all laws governing the deposit and securing of public funds and the handling of trust funds in his possession; 3. Paying out money only on warrants signed by legally designated persons; 4. Submitting to the City Clerk, at least once each month, a written report and accounting of all receipts, disbursements, and fund balances and filing a copy of the written report and accounting with the legislative body; 5. The City Treasurer may appoint deputies for whose acts the City Treasurer and his or her bondsmen are responsible. The deputies shall hold office at the pleasure of the City Treasurer and receive such compensation as is provided by the City Council. B. The City Treasurer shall also perform the following duties: 1. Reviewing the monthly warrants on a biweekly basis with the City Manager, or his/her designee, to determine the integrity of the warrants and to ensure the warrants are properly issued; 2. Delivering monthly summary accounting of all receipts, expenses and fund balances to the City Council and working with the City Manager, or his/her designee, to ensure accuracy of said reports; 3. Providing a monthly City Treasurer's report to the City Council, raising issues of concern and or requests for City Council action; 4. Representing the City as needed and/or requested by the City Council at City, County, State or Commission meetings; 5. Working with the City Manager, or his/her designee, to prepare and deliver additional reports as requested by the City Council. Reports may be added to a monthly, quarterly or annual schedule if deemed to be beneficial to the City Council and decision making; 6. Completing special projects as requested by the City Council; 7. Serving on all City Financial committees including budget formation, audit decisions and process, risk assessment, financial strategy, revenue development and transparency policies for the security and integrity of City assets, funds, information and security. 2 C. The authority of the City Council to invest or reinvest City funds may be delegated to the City Treasurer, subject to annual review and renewal by the City Council, pursuant to Section 53607 of the California Government Code. In the event the City Council delegates the City's investment and reinvestment authority to the City Treasurer, the City Treasurer shall assume full responsibility for investment activities until said delegation of authority is revoked or expires, and shall make a monthly report of investment activities to the City Council. The City Treasurer shall have the duty to enforce the investment policy of the City as may be adopted and amended from time to time by the City Council. SECTION 4. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont, California, approves this amendment to the City Code. INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 15th day of September, 2015, by the following roll call vote: AYES: Fox, Knight, Lara, Orozco, White NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 6th day of October, 2015, upon second reading by the following roll call vote: AYES: Fox, Knight, Lara, Orozco, White NOES: None ABSTAIN: None ABSENT: No e Brenda Knight, Attest: Julio 'Martinez, City Approved as to m: John ;C��' ink ey, Int im City Attorney 3 10/02/2015 08:24 9518492437 Record Gazette 218 N. Murray St. Proof of Publication (2015,5 C.G.P.) 122853 , CITY CLERK DUTIES State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of Callfomia; I am over the age of eighteen years, and not a party to or interested in the above matter, I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1986, Case No. 54737. That the notice, of which the annexed is a copy, has bean published in each regular and entire Issue of said newspaper and not in any supplement thereof on the following dates, ti -wit: September 25, 2015 Executed on: 09/25/2015 At Banning ,CA I codify (or declare) under penalty of perjury that the foregoing is true and correct, Signature RECORD GAZETTE PAGE 03/04 NOTICE IS HERESY GIVEN, that the, Beaumont City Council conducted n public heafiag on Tuesday, August 18, 2015 at epproolmately B:DO p.M. in room Set the Beaumont CNN anter, 560E. 6th Street, aenumont, California 82223, to receive testimony end comments from all interested parsons regarding the adoption of the following matter(a): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ApCING SECTION 2,06.150 CITY CLERK DUTIES TO THE CITY OF BEAUMONT MUNICPAL CODE The intent of the ordinance is to set forth the dunes and responsibilities' of the oily Clerk. The City Council dashes to enhancetransparency and accountability regarding Ciyothers, The City Council Elan deslro to provide far incroaneu Input and parlielpatien of the Ott Clerk regarding preparation and recording at the Eclivitioi and decIslonS of the City Councl; codH1oation end maintenance of WNW City records; administration of munielpal elections; coordination of maligned actvlfa5 with other divisions, departments and outside agencies; and provlalon et adrdnlstrafve tendon to the City Manager and Itis Cly Council. INS Ordinance was adopted at Its second readIng on September 1, 2015 by the following vole: AYES: Fox, Lara, Orozco. Knight, While NOES Nona ABSENT: None ABSTAIN Nene Publish one time only In the Redefd Gazette on BenteMber 25, 2015 Published In The Record 0006A No. 122852 0W25, 2015 ORDINANCE NO. 1065 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 12.30 "MAINTENANCE AND REPAIR OF SIDEWALKS," OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 12.30, entitled "Maintenance and Repair of Sidewalks", is hereby amended to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 1st day of December, 2015, by the following roll call vote: AYES: Fox, Orozco, White, Lara, Knight NOES: none ABSTAIN: none ABSENT: none MOVED, PASSED AND ADOPTED this 5th day of January, 2016, upon second reading by the following roll call vote: AYES: Orozco, Knight, White, Lara NOES: none ABSTAIN: none ABSENT: none ATTEST: 4 Bim' City,C r Sections: 12.30.010 12.30.020 12.30.030 12.30.040 12.30.050 12.30.060 12.30.070 12.30.080 12.30.090 12.30.100 12.30.120 12.30.130 12.30.140 Exhibit A Chapter 12.30 MAINTENANCE AND REPAIR OF SIDEWALKS Duty of Property Owners to Maintain Sidewalks. Liability for Injuries to the Public. Notice to Repair. Manner of Giving Notice. Mailing and Posting of Notice. Contents of Notice. Repair by the Director on Default of Property Owner. Appeal of Notice Assessment of Costs Against Property; Time for Payment. Filing of Notice of Lien; Form and Contents. Operation and Effect of Recording Notice of Lien; Foreclosure. Alternative Method of Collection; Addition to Tax Bill. Time for Payment of Assessments. 12.30.010 Duty of Property Owners to Maintain Sidewalks. The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs and gutters, and persons in possession of such lots by virtue of any permit or right, shall repair and maintain such sidewalk areas and pay the costs and expenses therefor. 12.30.020 Liability for Injuries to the Public. The persons required by Section 12.30.010 to maintain and repair the sidewalk area shall owe a duty to keep and maintain the sidewalk area in a safe and non -dangerous condition. If, as a result of the failure of any property owner or person in possession of such property to maintain the sidewalk area in a non - dangerous condition as required by Section 12.30.010, any person suffers injury or damage to person or property, the owner or occupier shall be liable to such person for the resulting damages or injury. 12.30.030 Notice to Repair. When the City becomes aware that any portion of the sidewalk area is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience and the use of such sidewalk area, the Superintendent of Streets or "Director" shall notify the owner or person in possession of the property fronting on that portion of such sidewalk area so out of repair, to repair the sidewalk area. 12.30.040 Manner of Giving Notice. Notice to repair may be given by delivering a written Notice personally to the owner or to the person in possession of the property facing upon the sidewalk area so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of the City or the County of Riverside or to the name and address of the person owning such property as shown on the records of the office of the City Clerk. 2 12.30.050 Mailing and Posting of Notice. The postal card shall contain a notice to repair the sidewalk area so out of repair, and the Director shall, immediately upon the mailing of the Notice, cause a copy thereof printed on a card of not less than eight (8) inches x ten (10) inches in size, to be posted in a conspicuous place on the property. In lieu of posting a copy of the mailed Notice on the property as provided in this section, the Director may, but not less than seven (7) days nor more than ten (10) days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked "Second Notice" to the person to whom the first postal card notice was addressed. The Second Notice shall otherwise contain the material required by this Chapter, but shall not extend the time for commencing repairs specified in Section 12.30.060. 12.30.060 Contents of Notice. The Notice shall particularly specify what work is required to be done, and how it is to be done, and shall further specify that if the repair is not commenced within two (2) weeks after Notice is given and diligently and without interruption prosecuted to completion, the Director may make such repair, and the cost of the same shall be a lien on the property. 12.30.070 Repair by the Director on Default of Property Owner. If the repair is not commenced and prosecuted to completion with due diligence, as required by the Notice, the Director may forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roll, or as shown in the records of the office of the City Clerk, the Director may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The Director shall have the power to prescribe the form of the written request. The cost of repair work done by request pursuant to this Section shall be a part of the cost of repairs for which, pursuant to this Chapter, subsequent notices are given, hearings are held and assessment and collection procedures are conducted. 12.30.080 Appeal of Notice. The Notice may be appealed as an Administrative Citation pursuant Beaumont Municipal Code Chapter 1.17. 12.30.090 Assessment of Costs Against Property; Time for Payment. The cost of the repair may be assessed by the City against the parcel of property fronting upon the sidewalk upon which such repair was made, and such costs so assessed, if not paid within fifteen (15) days after an invoice is sent, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof, which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record. 12.30.100 Filing of Notice of Lien: Form and Contents. The Director may file a Lien in the office of the County Record of the County of Riverside. 12.30.110 Operation and Effect of Recording Notice of Lien; Foreclosure. From and after the date of recording of the Notice of Lien, all persons shall be deemed to have had notice of the contents thereof. The Notice of Lien may include claims against one (I) or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statue of limitation shall not run against the right of the City to enforce payment of the lien. If any such lien is not paid the City may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under the Improvement Act of 1911 (Streets and Highways Code, Section 5000 et seq.). 3 Exhibit A 12.30.120 Alternative Method of Collection' Addition to Tax Bill. As an alternative method of collection of the amount of the lien, the Director, after confirmation of the report of the Director, may order the Notice of Lien to be turned over to the Riverside County Auditor, who shall enter the amount thereof on the County Assessment Book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The Notice of Lien shall be delivered to the Riverside County Auditor before the date fixed by law for the delivery of the Assessment Book to the Riverside County Board of Equalization. 12.30.130 Time for Payment of Assessments. The City Manager may, in its discretion, determine that the payment of assessments of one hundred dollars ($100.00) or more may be made in annual installments, not to exceed five (5), and that the payment of assessment so deferred shall bear interest at six percent (6%) per year on the unpaid balance. Interest shall begin to run on the thirty-first day after the confirmation of the assessment. In the event any installment is not paid when due, the entire balance of the assessment shall become due and payable and shall be collected either by way of a foreclosure action or added to the property tax bill. 4 ORDINANCE NO. 1066 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 3.12.020 OF THE BEAUMONT MUNICIPAL CODE REGARDING CITY COUNCIL APPROVAL OF WARRANTS WHEREAS, Sections 37202, 37203 and 37208 of the California Government Code permit General Law cities to establish procedures for the approval and signing of warrants and/or checks; and WHEREAS, it has been determined that modifications to the City's current procedures for the approval of warrant registers would reduce staff and Council Member workloads and would lessen the turnaround time required for the City to pay certain vendors for goods and services received: and WHEREAS, the proposed procedural modifications will not undermine the City's ability to account for and control the use of public funds; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced. SECTION 3. The City Council hereby amends Section 3.12.020 of the City of Beaumont Municipal Code in its entirety to read as follows: 1 Section 3.12.020 Payment of Claims, Demands, etc. A. Payment Approval. Pursuant to §37202 of the California Government Code, demands against the city for payment shall be audited by the city treasurer and city finance director and thereafter submitted to the city council for approval or rejection prior to payment, either separately or in a register of audited demands, and shall have attached thereto an affidavit or certificate of the city treasurer and city finance director certifying as to the accuracy of the demands and the availability of funds for payment thereof; B. Prepayment. In conformance with the authority provided by §37208 of the Government Code, the following demands and payments need not be audited by the city council prior to payment provided such payments shall be included in the register of audited demands presented to the city council at the first meeting after delivery of such warrants or checks: i. Properly approved and certified payroll warrants or checks; ii. Warrants or checks certified or approved by the city treasurer and city finance director as conforming to the authorized expenditures set forth in the council -adopted city budget. C. City Finance Director Approval. The responsibilities of the city clerk to audit, certify and present warrants under Government Code §§ 37201-37208 are hereby delegated to the city finance director as authorized by Government Code §37209. SECTION 4. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont, California, approves this amendment to the Municipal Code. INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 6th day of October, 2015, by the following roll call vote: AYES: Knight, Lara, Orozco, White NOES: None ABSENT: Fox ABST.AII' ': None Bren+ a Knight, ayor 2 Attest: Jul" . ! artinez, City' erk PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 27th day of October, 2015. AYES: Knight, Lara, Orozco, White NOES: none ABSENT: Fox ABSTAIN: none Brenda Knight, Mayor (Seal) Attest: Julio Martinez, City Clerk Approved a Pinkney erim City Attorney 3 ORDINANCE NO. 1067 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 9.02 "NOISE CONTROL" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 9.02, entitled "Noise Control", is hereby amended to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. Section 3: If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are hereby declared to be severable. Section 4: This ordinance shall take effect thirty (30) days after its adoption. MOVED AND PASSED upon first reading this 5th day of January, 2016, by the following roll call vote: AYES: Mayor Lara, Mayor Pro Tem White, Council Members Knight and Orozco NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 19th day of January, 2016, upon second reading by the following roll call vote: AYES: Mayor Lara, Mayor Pro Tem White, Council Members Knight and Orozco NOES: None ABSTAIN: None ABSENT: None {a 10 A}!O :18311V auoN :1N3S8y auoN :NI`d1S8y auoN :S30N oozwo pue 416!uy! saegwallll I!ouno0 `ai!gM wal aid Jo/m! `eaeq JoAeIN :S3Ay :elm Ileo 110J 6ulnnollo} age Aq 6u!peaa puooas uodn `91.0Z `/Genuep 4o Aep y;61, s!gT 431dOaV ONV 03SS`dd `a3AO1A1 euoN :1N3S8y auoN :NIV1S8y auoN :S30N oozOJQ pue ly6!uy! sJegwaW I!ouno0 `ajlgM wal cud JoAelN `eaeq JoAeW :S3Ay :elm !leo 110.1 6u!M0110J eql Aq `9L0Z `kienuer jo Aep q 9 s!Lif 6u!peei Tsall. uodn 03SSVd 0Md 03AO1/11 •uo!Tdope 91! 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'ON 33NVNIa2lO EXHIBIT A Chapter 9.02 NOISE CONTROL Sections: 9.02.010 - Purpose. 9.02.020 - Findings. 9.02.030 - Definitions. 9.02.040 - Noise level measurement criteria. 9.02.050 - Base ambient noise level. 9.02.060 - Exterior noise level measurement. 9.02.070 - Maximum residential noise levels. 9.02.080 - Maximum interior noise levels 9.02.090 - Maximum nonresidential noise levels. 9.02.100 - Exemptions. 9.02.110 - Special provisions. 9.02.120 - Exception permits. 9.02.130 - Application between zones. 9.02.140 - Penalty for violation 9.02.150 - Additional remedy—Injunction. 9.02.160 - No mandatory duty created. 9.02.010 Purpose. The purpose of this Chapter is to establish criteria and standards for the regulation of noise levels within the City and to implement the noise provisions contained in the City's General Plan. 9.02.020 Findings. It is hereby found and declared that: A. The making, creation or maintenance of excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual and unnatural in their time, place and use, affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the City; and B. The necessity for the provisions and prohibitions hereinafter contained and enacted is hereby declared as a matter of legislative determination and public policy. It is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the City. 9.02.030 Definitions. "Ambient noise" shall mean the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding any intrusive noise. "Capital Improvement" shall mean major construction, acquisition or maintenance/repair projects. Examples of Capital Improvements include street improvements, park development and construction of public buildings or structures, treatment plants. Structures include lighting, sewer and water pipelines and other related utility structures including treatment plants, gas, electric and other infrastructure, landscaping and drainage facilities and all other public infrastructure. "Acquisitions" include the acquisition of land or interest in land. Major maintenance/repairs may include street resurfacing and modifications to public buildings and structures. "Commercial purpose" shall mean the use, operation or maintenance of any sound - amplifying equipment for the purpose of advertising any business, goods or services and/or for the purpose of advertising or attracting the attention of the public to or soliciting patronage for any performance, entertainment, exhibition or event, or for the purpose of demonstrating any such sound equipment. "Cumulative time period" shall mean a period of time composed of individual time segments which may be continuous or interrupted. "Decibel (dB)" shall mean a measurement unit of sound pressure level which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio. "Governmental agency" shall mean the United States (federal government), the State of California, the County of Riverside, the City of Beaumont, the school district and any special district within Riverside County or any combination of these agencies. "Impact noise" shall mean the sound produced by the impact or collision of one moving object or mass with a second object or mass that is stationary or moving. "Intrusive noise" shall mean a sound which intrudes over and above the existing ambient noise level at a given location. "Motor -driven vehicle" shall include, but not be limited to, any automobile, truck, van, bus, motorcycle, minibike, go-cart or other self-propelled vehicle, on or off road, and aircraft. "Noise" shall mean any sound that is loud or disturbing or that interferes with one's ability to hear some other sound. "Noise level" shall mean the "A" weighted sound pressure level in decibels audible to humans obtained by using a sound level meter. The unit of noise level measurement shall be designated as dB(A). "Person" shall mean a person, firm, association, partnership, joint venture, corporation or any entity, public or private in nature. "Public property" shall mean property that is owned by any governmental agency as indicated in this section or held by the public, including, but not limited to, parks, streets, sidewalks, and alleys. "Simple tone noise" shall mean a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. "Sound pressure level of a sound, in decibels" shall mean twenty times the logarithm to the base ten of the ratio of the pressure of this sound to the reference pressure, which reference pressure shall be explicitly stated. As used in Section 9.02.110(H), "public nuisance" is defined by Civil Code Section 3479. 9.02.040 Noise level measurement criteria. A. Any noise level measurement, made pursuant to the provisions of this Chapter, shall be determined by using a sound level meter that meets the minimum requirements of the American National Standard Institute for sound level meters, or by using an instrument with associated recording and analyzing equipment that will provide equivalent data. B. The factors which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following: 1. The sound level of the objectionable noise; 2. The sound level of the ambient noise; 3. The proximity of the noise to residential sleeping facilities; 4. The nature and zoning of the area within which the noise emanates; 5. The number of persons affected by the noise source; 6. The time of day or night the noise occurs; 7. The duration of the noise and its tonal, informational or musical content; 8. Whether the noise is produced by a commercial or noncommercial activity. C. The above factors shall be considered in addition to the noise levels set forth in this section in determining a violation. However, noises do not necessarily need to exceed those noise level limits to be considered unnecessary or unusual so as to cause discomfort or annoyance to persons in the area. 9.02.050 Base ambient noise level. All ambient noise measurements shall commence at the base ambient noise levels in decibels within the respective times and zones as follows: Decibels Time Zone Use 45 dB(A) 55 dB(A) 50 dB(A) 75 dB(A) 10:00 p.m. — 7:00 a.m. 7:00 a.m. — 10:00 p.m. 10:00 p.m. — 7:00 a.m. 7:00 a.m. — 10:00 p.m. Residential Residential Industrial and Commercial Industrial and Commercial Actual decibel measurements exceeding the levels set forth hereinabove at the times and within the zones corresponding thereto shall be employed as the "base ambient noise level" referred to in this Chapter. Otherwise, no ambient noise shall be deemed to be less than the above specified levels. 9.02.060 Exterior noise level measurement. Except as otherwise specifically provided herein, all reference to "exterior noise" or "exterior noise levels" as used in this Chapter shall be as measured at any point relative to the closest point of the source of the noise at the property line of the complaining party. Measurements will not be made during extraordinary times, such as during the movement of a nearby train or airplane. 9.02.070 Maximum residential noise levels. No noise level shall exceed the following for the duration periods specified: Noise Level Exceeded 149 aximum Duration Period 5 dB(A) above BANL 10 dB(A) above BANL 15 dB(A) above BANL 20 dB(A) above BANL 9.02.080 15 minutes any hour 5 minutes any hour 1 minute any hour Not permitted Maximum interior noise levels. A. No person shall operate or cause to be operated, any source of sound which causes the noise level, when measured inside another dwelling unit, school or hospital, to exceed: Decibels Time land Use 35 dB(A) 45 dB(A) 45 dB(A) 45 dB(A) 10:00 p.m. — 7:00 a.m. 7:00 a.m. — 10:00 p.m. 7:00 a.m. — 10:00 p.m. (while school is in session) Anytime Residential Residential School Hospital B. No person shall operate or cause to be operated, any source of sound which causes the noise level, when measured inside another dwelling unit, school or hospital, to exceed: Noise Level Exceeded NI aximum Duration Period 5 dB(A) above interior BANL 10 dB(A) above interior BANL Over 10 dB(A) above interior BANL C. 5 minutes any hour 1 minutes any hour Not permitted If the measured interior ambient noise level exceeds that permissible within the first two noise limit categories in this section, the allowable noise exposure standard shall be increased in five decibel increments in each category as appropriate to reflect the interior ambient noise level. In the event the interior ambient noise level exceeds the third noise limit category, the maximum allowable interior noise level under said category shall be increased to reflect the maximum interior ambient noise level. 9.02.090 Maximum nonresidential noise levels. Any provision contained herein to the contrary notwithstanding, no exterior noise level shall exceed the base ambient noise levels (BANL) for nonresidential land uses set forth in any development agreement applicable to such development or as otherwise specifically set forth in any development standard which is by its terms enforceable by the City against the noise maker. 9.02.100 Exemptions. Sound emanating from the following sources is exempt from the provisions of this Chapter: A. Capital improvement projects of a governmental agency. B. Maintenance and repair of public properties by a governmental agency. C. Utility and street repairs, street sweepers, garbage services, emergency response warning noises, emergency generators and fire alarm systems are exempt from this Chapter. D. Other public/governmental services or operations including, but not limited to trains and railway or airplanes and helicopter machinery, equipment or vehicles. 9.02.110 Special provisions. A. Sound Performances and Special Events. Sound performances and special events not exceeding 95 dB measured at a distance of fifty feet from the loudest source are exempt from this Chapter when approval therefore has been obtained from the appropriate governmental entity. B. Vehicle Horns. Vehicle horns, back-up warning devices, or other devices primarily intended to create a loud noise for warning purposes, shall be used only when the vehicle is in a situation where life, health or property are endangered or as required by law. C. Alarm S\stem. An audible alarm system affixed to a motor vehicle shall be equipped with an automatic shutoff, which shuts off the alarm within a maximum of 15 minutes from the time of activation. Such alarm may not emit a sound similar to the sound emitted by sirens in use on emergency vehicles or to those used for civil defense purposes. For purposes of this section, any variable tone, as opposed to one steady pitch, shall be considered similar to the sound emitted by an emergency vehicle siren. The Police Department is authorized to abate the nuisance of an audible alarm system affixed to a motor vehicle, which sounds beyond 15 minutes by using any means necessary to disconnect the vehicle alarm. The expense of disconnecting the alarm shall be a lien against the motor vehicle and shall be the personal obligation of the owner thereof. D. Radios. televisions, stereos, speakers, etc. It shall be unlawful for any person, without special permit or as may otherwise be provided in this Chapter, to play, use, operate or permit to be played, used or operated, any radio, television, musical instrument, stereo equipment, or other machine or device used for producing, reproducing or amplifying sound at such sound levels as to cause the sound level to exceed forty dB(A) as measured within the residence of any complaining person. E. Animals. fowl, etc. It shall be unlawful to keep or harbor any animal which emits, between the hours of 11:00 p.m. and 7:00 a.m., any unreasonable sound or cry which disturbs or may disturb the peace and comfort or repose of a reasonable person of normal sensitiveness who resides in the neighborhood or area in which such animal is located or kept. For barking dog, see limitations set forth in Section 6.04.080. This provision shall not apply to farm animals within any zone in which such farm animals are permitted under the Municipal Code. F. Construction. landscape. maintenance or repair. 1. It shall be unlawful for any person to engage in or permit the generation of noise related to landscape maintenance, construction including erection, excavation, demolition, alteration or repair of any structure or improvement, at such sound levels, as measured at the property line of the nearest adjacent occupied property, as to be in excess of the sound levels permitted under this Chapter, at other times than between the hours of 7:00 A.M. and 6:00 P.M. The person engaged in such activity is hereby permitted to exceed sound levels otherwise set forth in this Chapter for the duration of the activity during the above described hours for purposes of construction. However, nothing contained herein shall permit any person to cause sound levels to at any time exceed fifty-five dB(A) for intervals of more than fifteen minutes per hour as measured in the interior of the nearest occupied residence or school. 2. Whenever a construction site is within one-quarter (1/4) of a mile of an occupied residence or residences, no construction activities shall be undertaken between the hours of 6:00 p.m. and 6:00 a.m. during the months of June through September and between the hours of 6:00 p.m. and 7:00 a.m. during the months of October through May. Exceptions to these standards shall be allowed only with the written consent of the building official. 3. Construction related noise as defined in subsection (F)(1 and 2) above may take place outside the time period set forth therein and above the relative sound levels in case of urgent necessity in the interest of public health and safety, and then only with the prior permission of the building inspector. Such permit may be granted for a period not to exceed three days or until the emergency ends, whichever is less. The permit may be renewed for periods of three days while the emergency continues. 4. Unless exempted by this Chapter, if the building official should determine that the public health and safety will not be impaired by the construction related noise, the building inspector may issue a permit for construction within the hours of 6:00 P.M. and 7:00 A.M., upon application being made at the time the permit for the work is awarded or during the progress of the work. The building official may place such conditions on the issuance of the permit that are appropriate to maintain the public health and safety, as determined by the building official. G. Machinery, equipment. fans and air conditioning. It shall be unlawful for any person to operate, cause to operate or permit the operation of any machinery, equipment, device, pump, fan, compressor, air conditioning apparatus or similar mechanical device, including but not limited to the use of any steam shovel, pneumatic hammer, derrick, steam or electric hoist, blower or power fan, or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, or other appliance, in any manner so as to create any noise which would cause the noise level at the property line of the property upon which the equipment or machinery is operated to exceed the base ambient noise level by five dB(A). H. Motor driven vehicles. It shall be unlawful for any person to operate any motor driven vehicle within the City that, due to the nature of the operation of the vehicle, or due to the operating condition of the vehicle, or due to any modification made to the vehicle, in such manner as to exceed noise levels set forth in Section 9.02.050 hereof. 1. Exhaust. It shall be unlawful for any person to discharge into the open air the exhaust of any steam engine, stationary internal combustion engine, motorboat or motor driven vehicle except through a muffler or other device which will effectively prevent loud or explosive noises there from. 2. No person shall use or operate a stereo system, radio, electronic music device, television or similar device in a vehicle on a public street which is audible to a person of normal hearing sensitivity, more than fifty feet from said vehicle. I. Notwithstanding any other provisions of this Chapter and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary and unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or creates a public nuisance. The standard which may be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to, the following: 1. The level of noise; 2. Whether the nature of the noise is usual or unusual; 3. Whether the origin of the noise is natural or unnatural; 4. The level and intensity of the background noise, if any; 5. The proximity of the noise to residential sleeping facilities; 6. The nature of the zoning of the area within which the noise emanates; 7. The density of the inhabitation of the area within which the noise emanates; 8. The time of the day and night the noise occurs; 9. Whether the noise is recurrent, intermittent, or constant; 10. The duration of the noise; and 11. Whether the noise is produced by a commercial or noncommercial activity. 9.02.120 Exception permits. If the applicant can show to the City manager or designee, that a diligent investigation of available noise abatement techniques indicates that immediate compliance with the requirements of this Chapter would be impractical or unreasonable, a permit to allow exception from the provisions contained in this Chapter may be issued, with appropriate conditions to minimize the public detriment caused by such exceptions. Any such permit shall be of as short duration as possible, but in no case for longer than six months. These permits are renewable upon a showing of good cause, and shall be conditioned by a schedule for compliance and details of compliance methods in appropriate cases. 9.02.130 Application between zones. In applying the regulations set forth in this Chapter, each source of noise shall be subject only to such regulation as shall apply to the zone, including any designated truck route, within which it is located. A use lying adjacent to a zone with a more restrictive noise requirement hereunder shall not be required to conform to that more restrictive requirement. For purposes of this subsection, "zone" shall be as utilized in Title 17 of the Beaumont Municipal Code. 9.02.140 Penalty for violation In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter may be issued an Administrative Citation pursuant to Beaumont Municipal Code Chapter 1.17 or shall be guilty of an infraction pursuant to 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 foregoing, a first offense may be charged and prosecuted as a misdemeanor, punishable by a fine of $1,000.00, or six (6) months in jail, or both 9.02.150 Additional remedy—Injunction. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision hereof and which causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area shall be deemed, and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. 9.02.160 No mandatory duty created. No section of this Chapter shall impose a mandatory duty on the City, or on any officer, official, agent, employee, board, council, or commission of the City. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section or not to enforce it. A police officer, for example, shall have the discretion to quiet a nuisance without applying standards detailed herein. ORDINANCE NO. 1068 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 12.20.060 "NOTICE OF DANGEROUS TREES -CONTENTS," AND AMENDING CHAPTER 12.20.070 "REMOVAL BY CITY," OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 12.20.060, entitled "Notice of dangerous trees --Contents", is hereby amended to the Beaumont Municipal Code to read as: 12.20.060 Notice of dangerous trees --Contents. The notice shall particularly specify what work is required to be done and may further specify that if the tree or shrub is not cut down, trimmed, or removed within ten days after notice, the city street superintendent may perform such work, and the cost of the same shall be a lien on the property upon which such tree or shrub is located. Section 2: Chapter 12.20.070, entitled "Removal by city", is hereby amended to the Beaumont Municipal Code to read as: 12.20.070 Removal by city. If the tree or shrub is not cut down, trimmed, or removed as required by the notice, the city street superintendent may forthwith perform such work. Section 3: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 1st day of December, 2015, by the following roll call vote: AYES: White, Orozco, Fox, Lara, Knight NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 5th day of January, 2016, upon second reading by the following roll call vote: AYES: Orozco, Knight, White, Lara NOES: None ABSTAIN: None ABSENT: 1 •utazaq paitu4ap spznpuuls &uTAiddu ;notppn aounsinu u lamb uogazosip am anAq Hugs `aidutuxa zoj `zaogjo aotiod y •11 aozojua o� lou JO uouaas OLD aazojua uouazostp trim uotssttutuoo JO `iiounoo `pzuoq `aaAoiduia 'waft `iutoujo 'now aluudozddu am pun `AIDS am Isanut pauuaap aq Hulls uogoas Tugs luamoaiojua jo Alnp Azolupuntu u asodutt s4zodznd uopoas Cuu jt `pualsui AID ami jo uotssu muoo JO `itounoo `pzuoq `aaAoiduza `luau 'mow `zaagdo Auu 110 JO `Aup am uo Aiinp A.zolupuuux u asodurt Imp zaldugD sits} Jo uouoas oN paluaaa Amp A1o;upuLtu of i 09I'ZO'6 •uouotpsunf ivaladwoo jo linoo n Aq pansst uouounfut JO zapzo 5utuimusa.z • Act Aiuuututns 2uauzaiuqu loafgns aq Amu puu aouustnu otignd u aq o4 pazuioap st pun `pauzaap oq Hugs na.in aLi; ut sTuaptsaz jo aouod JO tiTinati `asodaz `1zojtuoo am sza2uupua tiottim JO ssauoAgtsuas iuuuou Jo suoszad aiquuosuaz o4 aouuAouuu JO itoJutoostp sasnno tiouot puu J00z011 uotstnozd Auu JO uouuiotn ut Azauttioutu JO aiotgan `watuttusut `aotnap Aue JO aouuuNututu zo uopuzado alp `Apautaz iuuoutppu uu sy •uopounrul—Apatuat p uomppy OSI'ZO'6 Toga) `itu f ut stguotu (9) xis JO '00.000'i $ Jo aurd u Ag aiqutistund `zouuautapstm u sr painoasozd puu poRrego aq Amu asuojjo u `Sutaazoj Atpuulstptnnpom •0170•91 • i uogoas ut pagtoads se asuajjo aids • patuaap aq Hugs uouuioIA Lions Haug •apop sup do 0£0.9 i' i uopoas ut upoj has 1unouzn aluudozdde aq iieLis aurd am Jo 3unotuu age 'ono zava ui •9I' i za;dugs apop iudtotunysi luotunuag wensznd uopougut lig Jo Amn.2 aq Hugs JO LI* i zaidero apoj iudtotunJ, luouznuag o� 3unnsznd uognitj anpuzgstuttupy au puss! aq Aum solduiD sup Jo suotstnozd am 51.1Liuiotn uoszad Auu `zaoujo luatuaozoJug am jo uopazostp am III uoueiotn a03 Alruad O17I70'6 •apoj iudtotuni^i luoumuag aqi Jo L i apu ut pazip n su aq iiugs „auoz„ `uogoasgns sup Jo sasodznd zo,d luautaztnbaz anpotz4saz azotu lutj o; uuojuoo paztnbaz aq 4ou iiugs zapunazot 4uautaztnboi astou anuoulsat azout u auoz waoufpu asn y •pamooi s! Liotgm uumm `a;noz 3ionu papnu0tsap Auu Sutpniout `auoz age of Aiddn Hugs se uopuin2az goes of Apo boafgns oq Hugs astou Jo aaxnos pea `zaiduLiD sup ut tpiod las suopuiaaz om 2uiAiddu uI •sauoz uaaAtaq uoquajday 0£I70'6 •saseo amudozddn ut spogaut aouutidutoo Jo sump puu aouretiduxoo zoJ ainpagas u Xq pauoutpuoo aq Hugs pun `asnuo pool Jo 2utmogs u uodn aignnnauaz onu sltuuad asst •sgluoum xts uum zaSuoi zoj assn ou ut ;nq `aigtssod su uouuznp Timis su do aq pugs ituuad Lions Auy •suopdaoxa Bons Aq pasnuo 1uauiplop otignd am azpututtu suoutpuoo aiuudozddu Rutm `pansst aq Atm zaidug3 sup ut paure1uoo suotsiAozd aqi utouu uoudaoxa moue o} ATTEST: City Cler 2 ORDINANCE NO. 1069 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.06 "LANDSCAPE STANDARDS," OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: SECTION 1. CEQA. 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 text amendments constitute a minor alteration in a land use limitation under GEQA Guidelines Section 15305, and such a land use limitation is a permissible exercise of the city's zoning powers. SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences, or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced. SECTION 3. Prosecution of Prior Ordinances. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City of Beaumont Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 4. The City Council hereby amends Title 17, Chapter 17.06, entitled "Landscape Standards" to the Beaumont Municipal Code, to read as specifically set forth in Exhibit "A", which Exhibit is attached hereto and made a part hereof. SECTION 6. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont, California, approves an amendment to the City Code. INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 5th day of January, 2016, by the following roll call vote: AYES: Mayor Lara, Council Members Knight, Orozco, and White NOES: None ABSENT: None ABSTAIN: None PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 19th day of January, 2016. AYES: Mayor Lara, Mayor Pro Tem White, Council Members Knight and Orozco NOES: None ABSENT: None ABSTAIN: None Aal: Mayor Attest: Ju ' artinez, Approved as to f+fm: John O. Pinkney, Interim City Attorney 2 Exhibit A Chapter 17.06 Landscaping Standards Sections: 17.06.010 Purpose 17.06.020 Applicability 17.06.030 Water Efficient Landscape Requirements 17.06.040 Landscape Requirement for Non Residential Uses 17.06.050 Parking Lot Landscape Requirements 17.06.060 Landscape Requirement for Multi Family Residential Uses 17.06.070 Landscape Requirements for Mixed Uses 17.06.080 Landscape Requirements for Single Family Residential Uses 17.06.090 Slopes 17.06.100 Maintenance 17.06.110 Street Trees 17.06.120 Artificial Turf/Grass 17.06.130 Landscape Water Use Efficiency Enforcement 17.06.010 Purpose The purpose of this chapter is to establish minimum landscape standards to enhance the appearance of developments, provide shade, reduce heat and glare, control soil erosion, conserve water, ensure the ongoing maintenance of landscape areas, and ensure that landscape installations do not create hazards for motorists or pedestrians. All landscaping shall be planted and maintained according to Chapter 17.06.030 (Water -Efficient Landscape), and the landscape installation and maintenance guidelines in such a manner to maximize the growth, health, and longevity of the plantings. 17.06.020 Applicability The regulations of this chapter apply to new and existing development, as follows. Deviations from the development standards of this article may be allowed on a case-by-case basis by the designated approving authority through site plan and architectural review. A. New projects. New commercial, industrial, mixed-use, multifamily residential and single-family residential projects shall be reviewed by the designated approving authority to ensure landscaping is provided in compliance with the requirements of this Chapter. B. Existing development with new construction. Where an existing nonresidential, mixed-use, multifamily residential and/or single -Family residential project requests an amendment that increases the building square footage by 10 percent or more, the designated approving authority shall evaluate the existing landscape to ensure compliance with applicable requirements of this chapter. C. Existing development. Where an existing nonresidential, mixed-use, multifamily residential and/or single family project wants to make changes to existing landscape areas. 17.06.030 Water Efficient Landscape Requirements A. Intent: 1. Establish provisions for water management practices and water waste prevention; 2. Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new and rehabilitated projects; 3. To reduce the water demands from landscapes without a decline in landscape quality or quantity; 4. To retain flexibility and encourage creativity through appropriate design; 5. To assure the attainment of water efficient landscape goals by requiring that landscapes serviced by potable water not exceed a maximum water demand of fifty (50) percent or 0.50 of its reference evapotranspiration (ETo); 6. To assure the attainment of water efficient landscape goals by requiring that landscapes serviced entirely by recycled water not exceed a maximum water demand of seventy (70) percent or 0.70 of its reference evapotranspiration (ETo); 7. To eliminate water waste from overspray and/or runoff; 8. To achieve water conservation by raising the public awareness of the need to conserve water through education and motivation to embrace an effective water demand management program; 9. To implement the requirements of the California Water Conservation in Landscaping Act 2006 and the California Code of Regulations Title 23, Division 2, Chapter 2.7; 10. To promote water conservation within new residential subdivision landscapes by prohibiting the use of natural turfgrass lawns within the front yards of new homes and promoting low water use plants and inert materials for a sustainable and marketable landscape design; and 11. To prohibit the new installation of natural turfgrass within medians and parkways within and along county maintained roads. B. Definitions. The terms used in this chapter shall have the meaning set forth below: "Backfilling" means to refill an excavation, usually with excavated material. "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. "Check valve" or "anti -drain valve" means a valve located under a sprinkler head or other location in the irrigation system to hold water in the system to prevent drainage from the sprinkler heads or other irrigation device when the system is off. "Distribution uniformity" or "DU" means the measure of the uniformity of irrigation water distributed over an area, typically expressed in a percentage and converted to decimal form for water use calculations. "Emitter tubing" or "sub -surface emitter dripline" means the application of irrigation water with a matched precipitation rate at low pressure through a system of tubing or lateral lines containing factory installed low volume drip emitters equally spaced to apply small volumes of water when installed per manufactures recommendations at or near the root zone of plants. The DU of this type of irrigation generally does not exceed eighty (80) percent when plant spacing is random as each emitter is not dedicated to an individual plant but installed in a grid fashion. The DU of this type of irrigation generally does not exceed eighty-five (85) percent when plant spacing is densely grouped in a triangular or rectangular spacing as each emitter is not dedicated to an individual plant but installed in a grid fashion. "Established landscape" means the point at which plants in the landscape have developed a significant root growth into the site. Typically, most plants are established after one or two years of growth. "Estimated annual water use" or "EAWU" means estimated total water use per year as calculated by the formula contained in section 17.06.030 D.b.13 "Functional turf" means the turf areas to be publicly and privately accessible and dedicated as active play and recreation areas such as parks, sports fields, and golf courses; where turf provides a playing field or where turf is needed for high foot traffic activities. "Hydrozone" means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non -irrigated. "Invasive species" are non -indigenous species (e.g. non-native plants or animals) that adversely affect the habitats they invade economically, environmentally, or ecologically. Lists of invasive species are included within the Western Riverside County Multiple Species Habitat Conservation Plan and the Coachella Valley Multiple Species Habitat Conservation Plan. Said lists are hereby incorporated by reference. "Landscape architect" means a person who holds a license or is registered to practice landscape architecture in the State of California. "Landscaped area" or "LA" means all of the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance (MAWA) calculation. The landscape area does not include footprints of buildings, structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or impervious hardscapes, and other non -irrigated areas designated for non -development (e.g., open space and existing native vegetation). "Local water purveyor" means any entity, including a public agency or private water company that provides retail water service to customers in the unincorporated area of Riverside County. "Maximum applied water allowance" or "MAWA" means the upper limit of annual applied water allowed for the established landscaped area as calculated by the formula contained in section 17.06.030 D.b.13.a. "Mulch" means a layer of material applied to the surface of an area of soil on the ground to prevent excessive evaporation or erosion, to enrich the soil, inhibit/discourage weed growth, increase the rate of saturation, and reduce fluctuation in soil temperature. Mulch may be organic (such as bark mulch, wood chips) or inert (decomposed granite, gravel). "Overhead sprinkler irrigation systems" means systems that deliver water through the air (e.g., impulse sprinklers, spray heads and rotors, etc.). "Point source drip" or "point to point drip" means the application type of irrigation water with a matched precipitation rate at low pressure through a system of tubing or lateral lines with a dedicated field -installed low volume emitter or emitters at each specific plant. The DU of this type of irrigation generally does not exceed ninety (90) percent. "Potable water" means water that must meet Federal and State safe drinking water standards and is safe for human consumption and contact. "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month, or year. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances so that regional differences in climate can be accommodated. Reference evapotranspiration numbers shall be taken from the most current Evapotranspiration Zones Map developed by the California Department of Water Resources. For geographic areas not covered by the evapotranspiration zones map, data from nearby areas shall be used. "Rehabilitated landscapes" means any re-landscaping of a project that requires a discretionary permit. "Special landscape area" means an area of the landscape dedicated to edible plants, and areas dedicated to active play such as parks, sports fields, golf courses, where turf provides a playing field or where turf is needed for high traffic activities. Cemeteries shall also be considered as special landscape areas. These areas shall be allowed 1.0 ETo. "Temporarily irrigated" means irrigation for the purposes of establishing plants, or irrigation which will not continue after plant establishment. Temporary irrigation is for a period of six months or less. "Turf" or "turfgrass" or "lawn" means species of warm or cool season grasses that form a dense thick mat of roots. Mowing creates a dense even surface and increases the need for water regardless of season. Turf or turfgrass or lawn does not include artificial turf. "Water-intensive landscaping" means a landscape with a WUCOLS IV plant factor of 0.61 or greater, and categorized as high or between high and moderate. "WUCOLS" means the publication entitled "Water Use Classification of Landscape Species IV" by the California Department of Water Resources (DWR) Water Use Efficiency Program, California Center for Urban Horticulture (CCUH), University of California Davis, and University of California Cooperative Extension (2014 or most current WUCOLS version). C. Applicability. 1. The water-efficient landscape requirements contained in this chapter shall be applicable to all rehabilitated landscapes associated with residential uses (including single family and multi-family units/projects) with a total landscape area equal to or greater than two thousand five hundred (2,500) square feet which require a discretionary permit and/or approval; all new landscapes associated with residential uses (including single family and multi-family projects) which require a discretionary permit and/or approval; and all new and rehabilitated landscapes associated with commercial or industrial uses which require a discretionary permit and/or approval. 2. In the event covenants, conditions and restrictions are required for any permit subject to this chapter, a condition shall be incorporated into any project approval prohibiting the use of water-intensive landscaping and requiring the use of low water use landscaping pursuant to the provisions of this chapter in connection with common area/open space landscaping. Additionally, such a condition shall require the covenants, conditions and restrictions to incorporate provisions concerning landscape irrigation system management and maintenance. This chapter shall not be construed as requiring landscaping of common areas or open space that is intended to remain natural. Covenants, conditions and restrictions shall not prohibit use of low-water use plants or the replacement of turf with less water intensive plant species. 3. Recognizing the special landscape needs of cemeteries, new and rehabilitated landscapes within a cemetery are subject only to the provisions set forth in sections 17.06.030 E.1 and 17.06.030 E.2 of this chapter. 4. The following uses and/or projects are exempt from the provisions of this chapter: a. Registered local, state or federal historical sites; b. Ecological restoration projects that do not require a permanent irrigation system and have an establishment period of Tess than five years; c. Mined land reclamation projects that do not require a permanent irrigation system; and d. Botanical gardens and arboretums open to the public. 5. If the local water purveyor has stricter requirements than called for in this ordinance, the project applicant is responsible for contacting the water purveyor to determine what the requirements are and for designing the plans to those requirements. The county will work with the project applicant to implement thewaterpurveyor requirements. D. Landscape documentation requirements. An applicant proposing any new or rehabilitated landscape for a project subject to the requirements of section C of this chapter shall prepare and submit a construction document package (CDs) to the planning director including the following: 1. All project information; 2. A planting plan; 3. An irrigation design plan; 4. A soil management plan; and 5. A grading design plan. The "Riverside County Guide to California Friendly Landscaping" (Landscaping Guide) as may be periodically amended by the planning director is hereby incorporated by reference to assist in designing, constructing, and maintaining a water efficient landscape and efficient irrigation system. It is recommended that an applicant proposing any new or rehabilitated landscape that is designated for recycled water use consult with the appropriate local water purveyor early in the development review process to ensure that future recycled water facilities meet the projected demand and that the aforementioned plans when submitted comply with the applicable standards, approvals, and implementation requirements of this chapter, the local water purveyor, and any applicable maintenance entity. Water systems for common open space areas shall use non-potable water if approved facilities are made available by the local water purveyor. Provisions for a non-potable water system shall be provided within the irrigation design plan. Water systems designed to utilize non-potable water shall be designed to meet all applicable standards of the appropriate regional water quality control board and the Riverside County Health Department. a. Project information located on cover sheet: 1. Date; 2. Name of applicant and contact information; 3. Name of project owner and contact information; 4. Project address including parcel and lot numbers; 5. Total landscape area in square feet; 6. Project type (e.g. new or rehabilitated; residential, commercial, or industrial); 7. Water supply (e.g. potable, well, recycled; use of recycled water is encouraged); 8. Applicant's signature and date with statement, "I agree to comply with the requirements of Chapter 17.06 and submit a complete Landscape Documentation Package." 9. Landscape Architect's information, stamp, and signature; and 10. Status of plans, e.g. "plan check set", "bid set", "construction set". b. Planting plan requirements: 1. New natural turfgrass lawns are effectively prohibited within the front yard for any new residential subdivisions. New natural turfgrass within medians and parkways within and along county maintained roads are effectively prohibited. 2. Plant types shall be grouped together in regards to their water, soil, sun, and shade requirements and in relationship to the buildings. Plants with different water needs shall be irrigated separately. Plants with the following classifications shall be grouped accordingly: high and moderate, moderate and low, low and very low. Deviation from these groupings shall not be permitted. 3. Trees for shade shall be provided for residential, commercial, and industrial buildings, parking lots and open space areas. These trees can be deciduous or evergreen and are to be incorporated to provide natural cooling opportunities for the purpose of energy and water conservation. 4. Plants shall be placed in a manner considerate of solar orientation to maximize summer shade and winter solar gain. 5. Plant selection for projects in high fire hazard areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required pursuant to Public Resources Code section 4291 and Riverside County Ordinance No. 695. Fire -prone plant materials and highly flammable mulches shall be avoided. 6. Invasive species of plants shall be avoided especially near parks, buffers, greenbelts, water bodies, conservation areas/reserves and other open space areas because of their potential to cause harm to environmentally sensitive areas. 7. All exposed surfaces of non -turf areas within the developed landscape area shall be mulched with a minimum three-inch layer of material, except in areas with groundcover planted from flats where mulch depth shall be one and one-half inches. 8. Mulching products used on slopes shall aid in slope stability. 9. Turf areas shall be used in response to functional needs as defined and in compliance with the water budget. 10. Decorative water features shall use re -circulating water systems. 11. Where available, recycled water shall be used as the source for irrigation and decorative water features. 12. Planting plans shall identify and site the following: a. New and existing trees, shrubs, ground covers, and turf areas within the proposed landscaped area; b. A planting legend indicating all plant species by botanical name and common name, spacing, and quantities of each type of plant by container size; c. Designation of hydrozones; d. Area, in square feet, devoted to landscaping and a breakdown of the total area by landscape hydrozones; e. Property lines, streets, and street names; f. Building locations, driveways, sidewalks, retaining walls, and other hardscape features; g. Appropriate scale and north arrow; h. Any special landscape areas; i. Type of mulch and application depth; j. Type and surface area of water features; k. Type and installation details of any applicable stormwater best management practices; I. Planting specifications and details, including the recommendations from the soils analysis, if applicable. 13. Planting plans shall be prepared and have accurate and complete water budget calculations using one MAWA for the entire project and one EAWU formula for each hydrozone: a. Maximum applied water allowance (MAWA): Planting Plans shall be prepared using the following Water Budget: Formula for projects serviced by potable water sources and required not to exceed 50% or 0.50 ETo: MAWA (in gallons) = (ETo)(0.62)[0.5 x LA+0.5 x SLA] Formula for projects serviced entirely by recycled water sources and required not to exceed 70% or 0.70 ETo: MAWA (in gallons) = (ETo)(0.62)[0.7 x LA+0.3 x SLA] Where: ETo is reference evapotranspiration, local to the project; SLA is the amount of special landscape area in square feet; LA is total landscape area (including the SLA) in square feet; and For the purposes of determining the MAWA, average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71. b. Estimated annual water use (EAWU):. EAWU for a given hydrozone is calculated as follows: EAWU (in gallons) = (ETo)(0.62)[((PF x HA)/IE) + SLA] Where: ETo is reference evapotranspiration; PF is Plant Factor; HA is hydrozone area in square feet; IE is irrigation efficiency (minimum 0.71); SLA is the amount of special landscape area in square feet; c. Landscaping plans shall provide EAWU (in the same units as the MAWA) for the sum of all valve circuits in the irrigation hydrozone. The sum of all EAWU hydrozone calculations shall not exceed the MAWA for the project; d. The plant factor used shall be from WUCOLS. The plant factor for low water use plants range from 0 to 0.39, for moderate water use plants range from 0.4 to 0.6, and for high water use plants range from 0.61 to 1.0. e. The plant factor calculation is based on the proportions of the respective plant water uses and their plant factor, or the factor of the higher water using plant used f. The surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation and temporarily irrigated areas in the low water use hydrozone. Landscape concept plans not for construction shall be required to provide a complete and accurate MAWA calculation only. 14. Planting plans and irrigation design plans (17.06.030 D.c.) shall be drawn at the same size and scale. 15. The planting plan and irrigation design plans (17.06.030 D.c.) including landscape concept plans shall be prepared by a landscape architect licensed or registered by the State of California. g. c. Irrigation design plan requirements: 1. New natural turfgrass lawns are effectively prohibited within the front yard for any new residential subdivisions. New natural turfgrass within medians and parkways within and along county maintained roads is effectively prohibited. 2. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71. 3. All irrigation systems shall be designed to prevent runoff, over -spray, low head drainage, and other similar conditions where water flows off-site on to adjacent property, non -irrigated areas, walks, roadways, or structures. Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency as possible. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. 4. Landscaped areas shall be provided with a smart irrigation controller which automatically adjusts the frequency and/or duration of irrigation events in response to real time weather conditions unless the use of the property would otherwise prohibit use of a timer. The planting areas shall be grouped in relation to moisture control zones based on similarity of water requirements (e.g., turf separate from shrub and groundcover, full sun exposure areas separate from shade areas, top of slope separate from toe of slope). Additional water conservation technology may be required, where necessary, at the discretion of the planning director. 5. Water systems for common open space areas shall use non -potable water, if approved facilities are made available by the water purveyor. Provisions for the conversion to a non -potable water system shall be provided within the landscape plan. Water systems designed to utilize non -potable water shall be designed to meet all applicable standards of the California Regional Water Quality Control Board and the Riverside County Health Department. 6. Separate valves shall be provided for separate water use planting areas, so that plants with similar water needs are irrigated by the same irrigation valve. Trees should be placed on separate irrigation valves from other plants (hydrozoned) with either bubblers or drip emitters. All installations shall rely on highly efficient state of the art irrigation systems to eliminate runoff and maximize irrigation efficiency as. required by the Landscaping Guide. 7. Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at the installation. 8. The capacity of the irrigation system shall not exceed: a. The capacity required for peak water demand based on water budget calculations within the required water window; b. Meter capacity; or c. Backflow preventer type and device capacity; d. A velocity of five feet per second for polyvinyl chloride (PVC) materials and seven feet per second for copper and brass materials. 9. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer. 10. Within inert mulched planting areas, the use of point source drip irrigation is required to maximize water infiltration into the root zone. In 3" organic mulched planting areas where slopes are Tess steep than 4:1, the use of Emitter Tubing irrigation or point source drip irrigation is required to maximize water infiltration into the root zone. Low water use plants that require overhead spray may be exempted from this requirement but shall be grouped, spaced and hydrozoned independently on overhead spray. In 3" organic mulched planting areas where slopes are steeper than 4:1, the use of low volume irrigation or point source drip irrigation is required to maximize water infiltration into the root zone. Drip irrigation shall be installed under the mulch. If grading conditions require increased stability not obtainable through low volume drip methods then overhead irrigation will be permitted with proper justification at the discretion of the planning director. 11. Slopes greater than or equal to 4:1 shall not be irrigated with an irrigation system with a precipitation rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the landscape documentation required to be submitted pursuant to this chapter, and if there is a clear demonstration that no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit. 12. Long -narrow, or irregularly shaped landscaped areas including functional turf areas Tess than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or low-volume irrigation technology. 13. Overhead irrigation shall not be permitted within twenty-four (24) inches of any non-permeable surface including DG walking trails or paths. There are no restrictions on the irrigation system type if the landscape area is adjacent to permeable surfacing or if no overspray and runoff occurs. 14. For the purpose of design, overhead irrigation shall be limited to the hours of 9:00 p.m. to 6:00 a.m. (nine-hour water window), no more than six days a week. 15. All irrigation systems shall be equipped with the following: a. A smart irrigation controller as defined in- Section -17.06.030- D.c.4 -of this chapter; b. A rain sensing device to prevent irrigation during rainy weather; c. Anti-drain check valves installed at strategic points to minimize or prevent tow- head drainage; d. A manual shut-off valve shall be required as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency or routine repair; e. A mainline pressure regulator when the static water pressure is fifteen (15) percent above the recommended operating pressure of the irrigation system; f. Pressure regulation within each valve circuit to establish optimal operating pressure per manufacturers' recommendations; g. Backflow prevention devices within a lockable cage or enclosure or other anchoring device to prevent theft; and h. Risers shall not be used in high traffic areas. 16. Dedicated landscape meters shall be required for all projects greater than two thousand five hundred (2,500) square feet except single -family residences. 17. Irrigation design plans shall identity and site the following: a. Hydrozones: 1) Each hydrozone shall be designated by number, letter or other designation; 2) A hydrozone information table shall be prepared for each hydrozone; 3) Each hydrozone shall be identified by a low, medium, or high priority designation in the event of a drought or water budgeting event as determined by the local water purveyor. b. The areas irrigated by each valve; c. Irrigation point of connection (POC) to the water system; d. Static water pressure at POC; e. Location and size of water meter(s), service laterals, and backflow preventers; f. Location, size, and type of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads and nozzles, pressure regulator, drip and low volume irrigation equipment; g. Total flow rate (gallons per minute), and design operating pressure (psi) for each overhead spray and bubbler circuit, and total flow rate (gallons per hour) and psi for each drip and low volume irrigation circuit; h. Precipitation rate (inches per hour) for each irrigation circuit; i. Irrigation legend with the manufacturer name, model number, and general description for all specified equipment, separate symbols for all irrigation equipment with different spray patterns, spray radius, and precipitation rate; j. Irrigation system details and specifications for assembly -and installation; and - k. Recommended irrigation schedule for each month, including number of irrigation days per week, number of start times (cycles) per day, minutes of run time per cycle, and estimated amount of applied irrigation water, expressed in gallons per month and gallons per year, for the established landscape. 18. For each valve, two irrigation schedules shall be prepared, one for the initial establishment period of six months and one for the established landscape, which incorporate the specific water needs of the plants and functional turf throughout the calendar year. 19. The planting plans (Section 17.06.030 D.b.) and irrigation design plans shall be drawn at the same size and scale. 20. The planting plan (Section 17.06.030 D.b.) and Irrigation design plans including landscape concept plans shall be prepared by a landscape architect licensed or registered by the State of California. d. Soil management plan requirements: 1. After mass grading, the project applicant shall: a. Perform a preliminary site inspection; b. Determine the appropriate level of soil sampling and sampling method needed to obtain representative soil sample(s), typically one test per every twenty-five thousand (25,000) square feet of landscaped area; c. Conduct a soil probe test to determine if the soil in the landscape area has sufficient depth to support the intended plants; and d. Obtain appropriate soil sample(s). 2. The project applicant shall submit soil sample(s) to a laboratory for analysis and recommendation. The soil analysis may include: a. Soil texture; b. Infiltration rate determined by laboratory test or soil texture infiltration rate tables; c. pH; d. Total soluble salts; e. Sodium; and f. Soil analysis recommendations. 3. The project applicant shall prepare documentation describing the following: a. Soil type; b. Identification of limiting soil characteristics; c. Identification of planned soil management actions to remediate limiting soil characteristics; and d. Submit the soil analysis report and documentation verifying implementation of soil analysis report recommendations to the county pursuant to the requirements of Section 17.06.030 F.3. e. Grading design plan requirements: 1. The landscape documentation submitted shall include rough/precise grade elevations prepared for the project by a licensed civil engineer. E. Landscape irrigation and maintenance. This section shall apply to all projects subject to the provisions of this chapter as set forth in Section 17.06.030 C. 1. Two irrigation schedules shall be prepared, one for the initial establishment period of six months and one for the established landscape, which incorporate the specific water needs of the plants and turf throughout the calendar year. The irrigation schedule shall take into account the particular characteristics of the soil; shall be continuously available on site to those responsible for the landscape maintenance; and shall contain specifics as to optimum run time and frequency of watering, and irrigation hours per day. The schedule currently in effect shall be posted at the controller. 2. A regular maintenance schedule and certificate of completion shall be submitted to the planning director, property owner, and water purveyor. A regular maintenance schedule shall include, but not be limited to, routine inspection, adjustments, and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; weeding in all landscape areas and removing any obstruction to irrigation devices. Repair of all irrigation equipment shall be done with the original equipment manufacturers installed components or equivalent/improved quality components. 3. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this chapter. 4. Information shall be provided to owners of new, single family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes. F. Compliance/plan submittal process. Prior to issuance of a building permit for the project, the project applicant shall: 1. Submit all landscape documents for review and approval by the planning director. The planting plan, irrigation design plan, and soils management plan shall be reviewed by a licensed or registered landscape architect to ensure that all components of the plans adhere to the requirements of this chapter. The licensed or registered landscape architect shall sign the plans verifying that the plans comply with this chapter. 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Nag Jo aouepina) wa;sAs uoi1e6iaai ay; ;o uoi1oadsu! plaq ifaeuiwHaad e pa;onpuoo uoi}epe;su! uoi;e6iaai ao; apsuodsea Aped aq1 ;et'; aouap!na `6unpioeq 01 aoiad .o :ssaappe 6u!I!ew pue aweU aaUMO Apadoad pue `uoi;eooI pue ssaappe ;oa!oad :ssaappe 6umew pue auogdaIeT `aweu ;ueo!Idde ;oafoad :emu ;oafoad :uoi;euaao;u! 1oafoad •q :910a •e :eleoipu! pegs pue;oa;iyoae adeospuei paaa;si6aa JO pasuaog a i(q pau6is aq Heys uoi;aIdwoo ;o a;eoglpao aq1 •;oafoad ay; ao; sueid u6isap 6uipea6 pue `1uawa6euew Hos `u6isap uoi1e6iaai '6ugueld panoadde ay; y1inn b. Required Setback Adjacent to Public Rights -of -Way — 10 feet 2. This area shall be landscaped with plant materials. 3. Landscaping in these areas shall consist of an effective combination of street trees, trees, ground cover and shrubbery and may include such items as sidewalks, access driveways, flagpoles, fountains, and other similar appurtenances. 4. Landscaping shall be developed as usable landscaped open space -and -outdoor living and recreation area with an adequate irrigation system. 5. Area shall be landscaped with plant materials designed to provide beautification and screening. B. Commercial Use Landscape provisions. 1. All non -paved areas shall be landscaped and maintained to control dust. 2. Wherever off-street parking areas are situated across the street from property in a residential zone, a masonry wall or berm 3 feet in height shall be erected within the required landscape area, outside of the public right-of-way to adequately screen the residential properties. 3. An automatic irrigation system shall be provided for all landscaped areas. 4. Landscaping within required setback adjacent to the public right-of-way shall be provided and maintained in perpetuity subject to the following conditions: a. A distinct demarcation between asphalt paving and landscaped area shall be provided. 5. No other usage or storage is permitted within required landscaped area. C. Industrial Use landscape provisions. 1. The required front yard and required side yard on the street side of a corner lot, except for the area occupied by necessary driveways and walkways, shall be landscaped with trees and other plant materials. 2. Landscaping within required setback adjacent to the public right-of-way shall be provided and maintained, subject to the following conditions: a. A distinct demarcation between asphalt paving and landscaped area shall be provided. b. At least one-third of the total landscaped area shall be provided by trees, shrubs, and other plant material. 3. An automatic irrigation system for the landscaped area shall be provided. 4. No other usage or storage is permitted within the required landscaped area. D. Landscaping Used for Screening This section indicates the requirements with respect to the landscaping of buffers. 1. Landscaped Buffers for Industrial Uses. A landscaped buffer shall be provided along the boundary of all industrially zoned property where it abuts a residential or commercial zone. 2. Walls. Where a berm is provided, a three (3) to six (6) foot high masonry wall is allowed at the setback line with a berm to add to its height. E. Parking Lot Landscaping Standards 1. Landscaping requirements. a. A minimum of 15 percent of the total off-street open parking area shall be landscaped with a mixture of trees, shrubs, vines, ground cover, hedges, flowers, bark, chips, decorating cinders, gravel, and similar material. A minimum of one-third of the required landscaping shall be distributed within the interior of the parking facility and the remaining two-thirds of the required landscaping shall be provided as peripheral planting on the exterior edges of the parking area. b. All planter beds and tree planters shall be bordered by a concrete curb not less than 6 inches in height adjacent to the parking surface. c. All applicants creating new or rehabilitating parking lots shall provide a landscape plan for review and approval by the City of Beaumont for said parking lots. The landscape plan shall incorporate water -conserving plant material and irrigation technology. d. All landscape areas shall be well maintained in perpetuity. 2. Screening requirements. a. All off-street parking areas shall be screened to minimize the visual impact on adjacent streets and properties. No parking space shall be located within 6 feet of a street property line or back of sidewalk. Any open areas in the interiors shall be landscaped with appropriate plant materials. b. Open parking facility or a loading area shall be screened from a residential district adjoining or directly across a street or alley. Screening shall be 6 feet in height, except that screening to protect properties across a street may not be less than 4 feet in height. Parking Lot Landscaping Requirements Exhibit 6796 of the required 3396 of the uiri I landscaping shall be landscaping shall be. provided as peripheral distributed within planting the interior of the parking facility ,. 6 eu,' ¢" a f_} r11141 Setbacki1m Sitcm-21- ftif. l[5Q petl ti[j brie F. Tree requirements. 1. The intent of this code is to improve and maximize the landscaping within the off- street open parking areas to provide 30 percent or more of shade coverage in 10 years. In order to achieve this coverage, the applicant shall plant single -trunk, low - branching trees in windy areas, and design, where possible, north/south-oriented parking areas to provide maximum shade. Landscaping shall be provided and maintained to the extent that at least one medium- or Targe -scale tree is planted for every six parking stalls. A diversity of tree species is required. 2. The minimum size tree planted shall be no less than a 24 -inch box tree. 3. Low water use and native plant materials shall be encouraged and used to the greatest extent possible. 4. Problematic trees having shallow or invasive roots or having brittle or weak branching structure shall be prohibited. 6. Where trees already exist, the parking lot shall be designed to make the best use of this existing growth and shade wherever it is reasonably possible. Landscape Maintenance Requirements 1. Maintenance shall include, but not be limited to: proper pruning, watering, and fertilization of plants; periodic replacement of decomposed granite; irrigation system repairs and adjustments; removal, adjustment, and/or replacement of tree stakes; and weed removal. All missing, dead, dying, or significantly injured tree(s) must be replaced. Unless otherwise approved, a replacement tree(s) shall be the same size and type as removed. The minimum size replacement tree(s) allowed shall be no less than a 24 -inch boxed tree. 2. All significantly injured, decayed or dead trees, and trees found to be significantly damaged by improper pruning shall be removed and replaced by the landowner. 17.06.050 Parking Lot Landscape Requirements. A. Parking lot dividers, islands, planters, and planting areas shall be a minimum of 5 feet wide and 10 feet long except that all new or retrofitted tree planters shall be a minimum of 9 feet by 7 feet, measured to the inside perimeter of the planter, and shall have no less than 48 square feet of permeable soil planting area. Dividers/Planting Areas Parking Lot Requirements Exhibit ---*. 5'Min islands Tree Planters B. Parking lot tree irrigation requirements. Automatic irrigation systems within parking lots shall be installed. Trees shall be irrigated with drip emitters, bubbler heads, or subterranean low-volume drip system. Trees shall be irrigated separately from shrubs and ground covers. C. Parking lot tree maintenance and installation requirements. All plants and irrigation systems shall be installed according to approved plans. The owner shall guarantee the quality of work, health, and condition of plants and installation of materials including but not limited to plant types, size, spacing, and irrigation systems. Prior to final acceptance of the project, the City shall inspect and verify that the installation is in compliance with the approved plans and specifications. All corrections, adjustments, and/or replacement of landscape elements shall be done prior to final approval by the City. 17.06.060 Landscape Requirements for Multiple -Family Uses A. For small Multiple -Family residential properties with 4 units or less shall meet the same requirements as Single Family Uses 17.06.080. B. For large Multiple -Family residential properties the intent of coverage for commercial properties. Projects shall meet the parking lot landscaping standards and the Usable Yard Area requirements for the Multiple -Family Zone (17.03.070). 17.06.070 Landscape Requirements for Mixed Uses A. For Mixed Use properties shall prepare detailed planting plan for the approval of the Planning Commission. The plan shall take into account the landscape requirement for the different types of uses of the property. 17.06.080 Landscape Requirements for Single Family Residential Uses A. For Single Family residential properties no more than 50 percent of the front yard and street side yard area shall be non -pervious surface (e.g., used as a driveway). Deviations from these standards may be allowed through site plan and architectural review for small -lot single- family developments at the time of master home plan review where these standards preclude the maximum lot coverage from being achieved. B. Remaining unpaved portion of the setback areas shall be landscaped, irrigated, and maintained. At least one-third of the landscaped area shall be provided by trees, shrubs, and other plant material. All other areas shall have wood chips, decorative rock, decomposed granite or other as approved by the Planning dept. All landscaping shall be maintained per the Beaumont Municipal Code and/or as often as necessary to prevent a nuisance. No junk, debris, or other similar materials shall be stored in the landscaped areas. C. Landscaping shall be designed to prevent irrigation water from flowing over paved surfaces. Techniques include: 1. Off -setting any turf areas from driveways and sidewalks a minimum of 24 inches to prevent overspray from sprinklers. 2. Using a subterranean irrigation system (versus spray irrigation) or drip irrigation system. 3. Other water conservation techniques. E. A minimum of two 24 -inch box shade trees are required within the front yard setback of all single-family residences. t`> Detached Garage (Non -Pervious) Front Yard Coverage Exhibit Single Family Home (Non -Pervious) 17.06.090 Slopes Non -Pervious Services Front Yard No more than 50% of the front yard area shall be non -pervious surface. A. Cut and fill slopes equal to or greater than three feet (3') in vertical height shall be planted with ground cover and shall be provided with an in -ground irrigation system to protect the slope from erosion and instability. B. Cut and fillslopes exceeding ten feet (10') in vertical height shall be planted with approved trees and shrubs in addition to ground cover to protect the slope from erosion and instability. 17.06.100 Maintenance A. Property owners shall maintain the planting strip abutting each property regardless of whether the property is developed or not. B. Any tree, shrub, or part thereof on private property that overhangs any street or alley so that it endangers life, safety, or public property shall be removed, trimmed, or cut off within ten (10) days of written notice from the City. C. Occupants of a property abutting a public street or alley shall keep private trees from overhanging into the public right-of-way. Trees shall be trimmed to maintain a minimum clearance of ten (10) feet above the sidewalk, fourteen (14) feet above a curb, seventeen and one-half (1714) feet at center in residential areas, and seventeen and one-half (171/2) feet above the curb at bus stops. D. Front and side yards shall not be used for off-street parking of vehicles or loading spaces. E. The property owner shall permanently and continuously maintain all landscaping in a neat, clean, and healthy condition, including removal of litter, proper pruning, mowing of lawns, weeds, fertilizing, and watering; and replacement of diseased and/or dead plants. F. Front, side, and rear yards shall not be used for off-street parking of vehicles or loading spaces unless on an approved surface. 17.06.110 Street Trees This section applies to street trees located within the public right-of-way. B. Permitted Plantings. Only trees approved by the Planning Director shall be planted along a public street, alley, parking strip, public right-of-way, or parkway. B. Responsibility for Maintenance. Owners of a property fronting a public street or alley shall be responsible for the adequate watering of all street trees abutting that property and shall bear the cost of replacement of any street tree that dies. D. Alteration or Removal. No person shall plant, trim, or remove any tree or shrub on any, public street or right-of-way without approval of a permit by the Planning Department. Public utility companies and agencies shall be permitted to.trim Trees to ensure the safe operation of their businesses. E. Prohibitions. The following acts in planting strips or parkway areas are prohibited: 1. Construction of a tree well with diameter less than four (4) feet or otherwise filling the ground area around a tree so as to shut off Tight, air, or water from the roots. 2. Piling of any, building material, equipment, or other substance around any tree so as to cause injury. 3. Pouring of any deleterious matter on or around any tree or on the ground or on any lawn in such a manner as to damage the tree. 4. Cutting, breaking, defacing or damaging a tree in any manner whatsoever. 5. Placing or allowing to remain in any parkway area any vegetation (other than an approved tree) or structure exceeding eighteen (18) inches in height. 6. Posting or affixing to any City tree any bill, poster, picture, placard, announcement, notice, advertisement, or sign. 17.06.120 Artificial Turf/Grass This section sets forth the requirements with respect to the use of artificial turf/grass in landscape areas and may be used to meet the requirements for plant material. A. Artificial turf/grass shall be allowed in all landscape areas subject to the following standards. 1. Artificial turf/grass shall be aesthetically similar to natural turf. 2. Artificial turf/grass shall be maintained to the standards and aesthetics consistent to the time at which it was approved and installed. 3. Artificial turf/grass shall have an artificial turf fiber blend that reduces heat absorption, has appropriate ultraviolet protection, and has a flammability rating that meets Fire Department Standards. 17.06.130 Landscape Water Use Efficiency Enforcement A. The City of Beaumont will rely on water purveyors to enforce landscape water use efficiency requirements. The City of Beaumont shall coordinate with local water purveyors and identify programs that enhance and encourage landscape water use efficiency such as: 1. Tiered water rate structure, or 2. Allocation -based conservation water pricing structure, or 3. A rate structure at least as effective as the above options, or 4. Irrigation audits and/or irrigation surveys, or 5. Penalties for water waste. Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 127396 CH. 17.06 State of California County of Riverside ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: January 29,2016 Executed on: 01/29/2016 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, December 15, 2015 at 550 E. 6th Street, Beaumont, Califomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.06 LANDSCAPE STANDARDS, OF THE BEAUMONT MUNICIPAL CODE The City of Beaumont is proposing to amend Chapter 17.06 Landscape Standards with Chapter 17 Zoning to establish minimum landscape standards to enhance the appearance of developments, provide shade, reduce heat and glare, control soil erosion, conserve water, ensure the ongoing maintenance of landscape areas, and ensure that landscape installations do not create hazards for motorists or pedestrians. Additionally, this ordinance updates the water efficiency standards in compliance with Govemor Browns Executive Order B-29-15. The Ordinance was adopted at its second reading on January 19, 2016 by the following vote: AYES: Mayor Lara, Council Members Knight, Orozco, and White NOES: None ABSTAIN: None ABSENT: None Date: January 20, 2016 Published in The Record Gazette No. 127396 1/29/2016 ORDINANCE No. 1070 OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 2.12.070 "CITY MANAGER -REMOVAL," OF THE BEAUMONT MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences, or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced. SECTION 3. Prosecution of Prior Ordinances. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City of Beaumont Municipal Code committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 4. The City Council hereby repeals and replaces Chapter 2.12.070 of the Beaumont Municipal Code to read as follows: 2.12.070 Removal. "Subject to Section 2.12.080, the City Manager shall serve at the pleasure of the Council and "at will". The City Council may remove or terminate the City Manager by a majority vote of the whole City Council as then constituted, convened in a regular or special council meeting. The City Council shall use its sole discretion in removing the City Manager, and its action shall be final." SECTION 5. Effective Date and Publication. 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CEQA. 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 text 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 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences, or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced. SECTION 3. Prosecution of Prior Ordinances. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City of Beaumont Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 4. The City Council hereby amends Title 17, Chapter 17.07.070.A.15, entitled "Exempt Signs" to the Beaumont Municipal Code, to read as specifically set forth in Exhibit "A", which Exhibit is attached hereto and made a part hereof. SECTION 5. The City Council hereby amends Title 17, Chapter 17.07.070.B, entitled "Prohibited Signs" to the Beaumont Municipal Code, to read as specifically set forth in Exhibit "B", which Exhibit is attached hereto and made a part hereof. SECTION 6. The City Council hereby adding Title 17, Chapter 17.07.080.F, entitled "Signs in Right-of-way" to the Beaumont Municipal Code, to read as specifically set forth in Exhibit "C", which Exhibit is attached hereto and made a part hereof. SECTION 6. Effective Date and Publication. The Mayor shall sign shall certify to the passage of this Ordinance and cause the same or to be published within 15 days after adoption in accordance with Section 36933. This Ordinance shall take effect 30 days after adop with Government Code Section 36937. NOW, THEREFORE, BE IT ORDAINED that the City Council of the California, approves an amendment to the City Code. INTRODUCED AND READ for the first time and ordered posted at a the City Council of the City of Beaumont, California, held on the 3rd by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Orozco, Knight, Condon, White, Lara None None None and the City Clerk a summary thereof Government Code tion in accordance City of Beaumont, regular meeting of day of May, 2015, PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 17th day of May, 2015. AYES: Orozco, Knight, Condon, White, Lara NOES: None ABSENT: None ABSTAIN: N Mike Lara, Attest: Julio ;f Inez, City ,C Approved as to form: Jahn O. Pinkney, City Attorney 2 Exhibit A 15. Political etc. Signs displaying political or other noncommercial messages may be displayed on private property in any zone at any time under the message substitution policy of this Chapter. a. In residential zones and on legal residential uses, in addition to the flag allowance, temporary or permanent signs displaying political or other non commercial messages may be displayed at anytime subject to: 1. Maximum number of signs: not limited 2. Maximum size of any one side (measured one side only): ten (10) square feet. 3. Maximum area of all signs combined: twenty (20) square feet. 4. Maximum height: six (6) feet 5. Placement shall be at least five (5) feet from any sidewalk property line or driveway and shall not obstruct any line of sight for traffic. b. In Commercial or industrial zones and on legal commercial or industrial uses on land half (1/2) acre or less, temporary or permanent signs displaying political or other non commercial messages may be displayed at anytime subject to: 1. Maximum number of signs: not limited 2. Maximum size of any one side (measured one side only): ten (10) square feet. 3. Maximum area of all signs combined: twenty (20) square feet. 4. Maximum height: six (6) feet. 5. Placement shall be at least five (5) feet from any sidewalk property line or driveway and shall not obstruct any line of sight for traffic. c. In Commercial or industrial zones and on legal commercial or industrial uses on land over half (1/2) acre, temporary or permanent signs displaying political or other non commercial messages may be displayed at anytime subject to: 1. Maximum number of signs: not limited 2. Maximum size of any one side (measured one side only): ten (16) square feet. 3. Maximum area of all signs combined: twenty (64) square feet. 4. Maximum height: eight (8) feet 5. Placement shall be at least five (5) feet from any sidewalk property line or driveway and shall not obstruct any line of sight for traffic. d. These limits on size, number and total area (but not height or placement) may be doubled during the time period which commences forty-five (45) days before and ends ten (10) days after any general or special election. 3 Exhibit B B. 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; 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 for special events as provided for in this Chapter; 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, advertisements, etc., attached to utility poles, shall be prohibited. 4 Exhibit C F. Signs on the public right-of-way. Signs on the public right-of-way, except where required by a governmental agency, shall require an encroachment permit and are limited to political or other non commercial messages. The encroachment permit shall be on a form as provided by the City with information as deemed fit by the City Manager or designee to review compliance with section. A maximum of 6 encroachments per calendar year are permitted per applicant, organization, or candidate. The maximum time limit for signs to be on display is thirty (30) days. 1. Signs that are 24" x 18" or 432 square inches and under have the following requirements: a. Maximum number of signs: 50 b. Maximum size: 24" x 18" or 432 square inches c. Placement requirements: Signs shall be placed a minimum of one (1) foot from edge of sidewalk and shall not obstruct pedestrian traffic and a minimum of five (5) feet from edge of curb or street pavement if no curb exists; 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; Signs shall be limited to one (1) sign per block of street in each direction of travel in developed areas and limited to one (1) sign per one-quarter (1/4) mile spacing in each direction of travel for undeveloped areas. 2. Signs that are over 24" x 18" or 432 square inches have the following requirements: a. Maximum number of signs: 8 b. Maximum size: 48" x 48" c. Placement requirements: Signs shall be placed a minimum of one (1) foot from edge of sidewalk and shall not obstruct pedestrian traffic and a minimum of five (5) feet from edge of curb or street pavement if no curb exists; 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; Signs shall be limited to one (1) sign per block of street in each direction of travel. d. Applicant shall submit insurance naming the City as additionally insured in an amount as required by the City Manager. 5 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 131836 ORDINANCE CH. 17.07 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: May 27, 2016 Executed on: 05/27/2016 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing ;'true and correct. Signature CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, May 3rd, 2016 at 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.07 SIGNS, OF THE BEAUMONT MUNICIPAL CODE The City of Beaumont is proposing to adopt an amendment to Chapter 17.07 Signs to create and clarify the requirements for political or other non commercial signs on private property and in the public right -or -way. Ordinance No. 1071 was adopted at its second reading on May 17, 2016 by the following vote: AYES: Mayor Lara, Council Members White, Condon, Knight, and Orozco NOES: None ABSTAIN: None ABSENT: None Rebecca Deming Community Development Director Published in The Record Gazette No. 131836 05!27!2016 ORDINANCE NO. 1072 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, DISSOLVING IMPROVEMENT AREA NO. 19B OF CITY OF BEAUMONT COMMUNITY FACILITIES DISTRICT NO. 93-1 AND ORDERING THE RECORDATION OF A NOTICE OF CESSATION OF SPECIAL TAX LIEN TO IMPROVEMENT AREA NO. 19B WHEREAS, in 1993, the City Council (the "City Council") of the City of Beaumont (the "City") initiated proceedings pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Mello -Roos Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53111 of the California Government Code, to form a community facilities district designated as City of Beaumont Community Facilities District No. 93-1 (the "District"); and WHEREAS, on August 11, 1993, the City Council adopted Ordinance No. 721 (the "Ordinance of Formation") thereby forming the District; and WHEREAS, Improvement Area No. 19B of the District ("Improvement Area No. 19B") was formed on December 7, 2004 and annexed into the District pursuant to Ordinance No. 872 adopted by the City Council acting as the legislative body of the District (the "Improvement Area Ordinance"); and WHEREAS, Improvement Area No. 19B was formed for the purpose of financing (a) certain facilities to be owned by the City, (b) certain fees required to be paid to the City to finance public works, drainage, transportation and local facilities ((a) and (b) are collectively, the "Facilities") and (c) certain services to be provided within Improvement Area No. 19B (the "Services"); and WHEREAS, the Improvement Area Ordinance authorized the levy of special taxes commencing in Fiscal Year 2005-06 in Improvement Area No. 19B to fmance the Facilities and Services and/or to pay debt service on bonds authorized to be issued for Improvement Area No. 19B of the District for financing the Facilities; and WHEREAS, a Notice of Special Tax Lien was recorded on December 15, 2004 as Document No. 2004-0993796 (the "Notice of Special Tax Lien") in the office of the Assessor, County Clerk, and Recorder of the County of Riverside against the property within Improvement Area No. 19B of the District imposing a lien on such property to secure the payment of the special taxes to be levied within Improvement Area No. 19B; and WHEREAS, no bonds have been issued by the District with respect to Improvement Area No. 19B; and WHEREAS, SDC Fairway Canyon, LLC and Woodside 05S (collectively, the "Owners"), the current owners of all of the property within Improvement Area No. 19B of the District, have, on behalf of themselves and their respective successors and/or assigns submitted a request to the District (the "Request") in which the Owners: (a) requested that the City form the City of Beaumont Community Facilities District No. 2016-1 with the same boundaries as Improvement Area No. 19B, { (b) requested that the City Council undertake proceedings pursuant to the Mello - Roos Act to dissolve Improvement Area No. 19B of the District, (c) voluntarily and knowingly waived their rights, if any, to have the cost of the Facilities, or any portion thereof, paid on behalf of the Owners or reimbursed to the Owners by the City, the District, or both of them, from the proceeds of bonds or special taxes; (d) voluntarily and knowingly waived the obligation, if any, of the City, the District, or both of them, to issue bonds or levy special taxes within Improvement Area No. 19B of the District; (e) voluntarily and knowingly waived any protest, complaint or legal action of any nature whatsoever against the City, the District, or both of them, pertaining to the dissolution of Improvement Area No. 19B of the District and any liens established by the recordation of the Notice of Special Tax Lien, the failure to issue bonds or levy special taxes; and (f) acknowledged and understood that the making of this request to dissolve Improvement Area No. 19B, and the subsequent dissolution of Improvement Area No. 19B, and of any liens established by the recordation of the Notice of Special Tax Lien, does not in any way whatsoever absolve, terminate, extinguish, reduce or otherwise modify the obligation of the Owners or any successor or assign of the Owners as the owner of all property in Improvement Area No. 19B with respect to the Facilities required by the City or any other public agency as a condition of approval of the development of the Owners' property within Improvement Area No. 19B; NOW, THEREFORE, the City Council of the City of Beaumont does ordain as follows: Section 1. Recitals. The above recitals are true and correct, and are incorporated herein as if set forth in full. Section 2. Findings. The City Council acting as the legislative body of the District hereby finds and determines that: A. No bonds have been issued by the District on behalf of Improvement Area No. 19B and the District is not obligated to pay any outstanding debt on behalf of Improvement Area No. 19B; B. The Special Tax is no longer needed to pay principal and interest on debt incurred in order to construct facilities under the authority of the Mello -Roos Act, to pay the costs and incidental expenses of services or to pay the costs of the Services, and, based on the Request, is no longer needed to pay for the construction of facilities or the financing of Services authorized by the Mello -Roos Act; and C. Accordingly, the Special Tax shall cease to be levied within Improvement Area No. 19B and the District has no authorization to levy any special tax on behalf of Improvement Area No. 19B. Section 3. Dissolution. A. The City Council hereby dissolves Improvement Area No. 19B of the District pursuant to Government Code Section 53338.5. 2 B. The City Council hereby orders the City Clerk to file or cause the filing of Notice of Cessation of Special Tax pursuant to Government Code Section 53330.5, which shall also be considered an addendum to the Notice of Special Tax Lien pursuant to Government Code Section 53338.5, which Notice of Cessation of Special Tax shall state that the obligation to pay the special tax has ceased and that the lien imposed by the Notice of Special Tax Lien recorded as Document No. 2004-0993796 in the records of the office of the Assessor, County Clerk, and the Recorder of County of Riverside, State of California, is extinguished and that Improvement Area No. 19B and all associated liens have been dissolved, and shall additionally identify that the boundary map of the District has been recorded in the County of Riverside, book 58, page 14 of the Book of Maps of Assessments and Community Facilities Districts. C. The Improvement Area Ordinance is hereby amended to repeal the authority of the District to levy special taxes within Improvement Area No. 19B of the District. The Improvement Area Ordinance shall otherwise remain unchanged. Nothing herein shall affect the authorization to levy special taxes within the other Improvement Areas of the District. Section 4. Effective Date. This Ordinance shall become effective (30) days from and after its adoption. Section 5. Severabilit\ . If any part of this Ordinance is held invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and this City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid portion thereof had been deleted. Section 6. Adoption. The City Clerk shall certify to the adoption of this Ordinance, publish a summary of this Ordinance and post a certified copy of the full Ordinance in the office of the City Clerk at least five (5) days prior to the adoption of the proposed Ordinance; and within fifteen (15) days after the adoption of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the council members voting for and against the Ordinance. 3 ADOPTED by the City Council, signed by the Mayor nd attested by the City Clerk this day of 2016. ApirAtifili A Fir 21 Ault , ara, ayor I, Julio Martinez, City Clerk of the City of Beaumont, California, do hereby certify under penalty of perjury that the foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the 17th day of May, 2016 and that thereafter the said ordinance was duly and regularly adopted at a meeting of the City Council on the 7 day of June, 2016, by the following vote: AYES: Orozco, Condon, Knight, White, Lara NOES: none ABSENT: none ABSTAIN: none IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Beaumont, California, this Z"l day of jam_ , 2016. Julio ez, ` i Cler 4 ORDINANCE NO. 1073 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF BEAUMONT COMMUNITY FACILITIES DISTRICT NO. 2016-1, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE COMMUNITY FACILITIES DISTRICT THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. A. On March 22, 2016, the City Council (the "City Council") of the City of Beaumont (the "City") adopted Resolution No. 2016-15 declaring its intention to form City of Beaumont Community Facilities District No. 2016-1 (the "Community Facilities District") pursuant to the Mello Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the "Act"), and adopted Resolution No. 2016-16 declaring its intention to incur bonded indebtedness of the Community Facilities District; and B. On May 3, 2016, after providing all notice required by the Act, the City Council opened a public hearing required by the Act relative to the formation of the Community Facilities District, the proposed levy of special taxes within the Community Facilities District to finance certain public improvements and services described in Resolution No. 2016-15 and to secure the payment of any bonded indebtedness of the Community Facilities District in an amount not to exceed $13,000,000; and C. Such public hearing was continued to May 17, 2016; and D. At the public hearing, all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the proposed levy of the special tax within the Community Facilities District to finance the public facilities, incidental expenses and services described in Resolution No. 2016-15 and the proposed issuance of bonded indebtedness of the Community Facilities District were heard and a full and fair hearing was held; and E. On May 17, 2016, following the close of the public hearing, the City Council adopted a resolution establishing the Community Facilities District (the "Resolution of Formation") and a resolution determining the necessity to incur bonded indebtedness of the Community Facilities District (the "Resolution to Incur Bonded Indebtedness") each of which called a consolidated special election on May 17, 2016 within the Community Facilities District on three propositions relating to the levying of special taxes, the incurring of bonded indebtedness and the establishment of an appropriations limit for the Community Facilities District; and F. On May 17, 2016, a special election was held within the Community Facilities District at which the qualified electors approved by more than a two thirds vote Propositions A, B and C authorizing the levy of a special tax within the Community Facilities District for the purposes described in the Resolution of Intention and Resolution of Formation and the issuance of bonded indebtedness for the Community Facilities District as described in the Resolution to Incur Bonded Indebtedness. Section 2. Ordinance: Authorizinu the Lev of a Special Tax within the Community Facilities District. A. The above recitals are all true and correct. B. By the passage of this Ordinance, the City Council authorizes the levy of the special taxes within the Community Facilities District at the maximum rates and in accordance with the rates and methods of apportionment set forth in Exhibit B to Resolution No. 2016-16, which rate and method of apportionment for the Community Facilities District is incorporated by reference herein (the "Rate and Method"). C. The Finance Director of the City is hereby further authorized and directed each fiscal year, on or before August 10 of each year, or such later date as is permitted by law, to determine the specific special tax rates and amounts to be levied for the next ensuing fiscal year for each parcel of real property within the specific special tax rate and amount to be levied on each parcel of land in the Community Facilities District pursuant to the Rate and Method. The special tax rate to be levied pursuant to the Rate and Method shall not exceed the applicable maximum rates set forth therein, but the special taxes may be levied at a lower rate. D. Properties or entities of the state, federal or other local governments shall be exempt from the special taxes, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and the Rate and Method. No other properties or entities are exempt from the special taxes unless the properties or entities are expressly exempted in the Resolution of Formation, or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of an existing special tax as provided in Section 53334 of the Act. E. All of the collections of the special taxes pursuant to the Rate and Method shall be used as provided for in the Act and the Resolution of Formation. The special taxes shall be levied within the Community Facilities District only so long as needed for the purposes described in the Resolution of Formation. F. The special taxes levied pursuant to the Rate and Method shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time. G. As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of any bonded indebtedness of the Community Facilities District, together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on the bonds issued by the Community Facilities District, order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax. 2 H. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act. I. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Riverside County Assessor and Treasurer Tax Collector, and to perform all other acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance. Section 3. Severabiliiti . If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. Section 4. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption. Section 5. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Beaumont, pursuant to all legal requirements. 3 PASSED, APPROVED and ADOPTED this 7th da of Ju 2016. A I LiA , ike 'moray r I, Julio Martinez, City Clerk of the City of Br' uuont, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Beaumont held on the 17th day of May, 2016, and was adopted at a regular meeting of the City Council of the City of Beaumont on the 7th day of June, 2016, by the following roll call vote: AYES: Orozco, Knight, Condon, Lara NOES: White ABSENT: none ABSTAINED: none ATTEST: 4 ORDINANCE NO. 1074 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING TABLES 17.03-3 "PERMITTED USES FOR BASE ZONE DISTRICTS" AND 17.03-4 "PERMITTED USES FOR OVERLAY ZONE DISTRICTS" WITHIN CHAPTER 17, "ZONING" OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: SECTION 1. CEQA. 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 text 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 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs; sentences, or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced. SECTION 3. Prosecution of Prior Ordinances. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City of Beaumont Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 4. The City Council hereby amends Title 17, Table 17.03-3, entitled "Permitted Uses for Base Zone Districts" to the Beaumont Municipal Code, to the Beaumont Municipal Code, to add Commercial Athletic Facility to the table to read as follows. Table 17.03-3 Permitted Land Uses For Base Zone Districts (continued Land Use RC PF 1 RR RSF RMF CG I CC M CM Commercial Athletic Facility NNN N N CC C C SECTION 5. The City Council hereby amends Title 17, Table 17.03-4, entitled "Permitted Uses for Overlay Zone Districts" to the Beaumont Municipal Code, to add Commercial Athletic Facility to the table to read as follows. Table 17.03-4 Permitted Land Uses For Overlay Zone Districts (continued Commercial Athletic Facility 6th St Beaumont Urban Overlay Ave. Village Overla Overla C SECTION 6. The City Council hereby amends Title 17, Table 17.03-4, entitled "Permitted Uses for Overlay Zone Districts" to the Beaumont Municipal Code, to amend the table for Battling Cages to read as follows. Table 17.03-4 Permitted Land Uses For Overlay Zone Districts (continued) 6th St Beaumont Urban Overlay Ave. Village Overlay Overlay Batting Cages C C P SECTION 7. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont, California, approves an amendment to the City Code. INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 21st day of June, 2016, by the following roll call vote: AYES: Orozco, Condon, Knight, White, Lara NOES: None ABSENT: None ABSTAIN: None PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 5th day of July, 2016. 2 AYES: Orozco, Knight, Condon, White, Lara NOES: None ABSENT: None ABSTAIN: Non //7/1 Mike Lara, Attest: Jul' Inez, Cit'[+Ierk Approved as to form: John Pinkney y Attorney 3 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 133594 AMENDING TABLES 17.03-3 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: July 15, 2016 Executed on: 07/15/2016 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is,,true and correct. Signature CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN that the Beaumont Planning Commission and City Council conducted public hearings with respect to the matter described be- low. The Planning Com- missions public hearing conducted a public hearing on Tuesday, June 14, 2016 at approximately 6:00 p.m. in the Room 5 at the Beau- mont Civic Center, 550 E. 6th Street, Beaumont, Cali- fornia 92223. The City Council conducted a public hearing 6:00 p.m. on Tues- day, June 21, 2016 in the Council Chambers at Beau- mont City Hall, 550 East Sixth Street, Beaumont, California to receive testi- mony and comments from all interested persons re- garding the adoption of the following matter(s): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING TABLES 17.03-3 PERMIT- TED USES FOR BASE ZONE DISTRICTS AND 17.03-4 PERMITTED USES FOR OVERLAY ZONE DISTRICTS WITHIN CHAPTER 17, ZONING OF THE BEAUMONT MUNICI- PAL CODE The purpose of these amendments is to add a new land use category Commercial Athletic Facility to Title 17 of the Beaumont Municipal Code Tables 17.03-3 Permitted Land Uses for Base Zone Dis- tricts and 17.03-4 Permitted Land Uses for Overlay Zone Districts to condition- ally permit the new use category Commercial Ath- letic Facility in Commercial General (CG), Community Commercial (CC), Com- mercial Manufacturing (CM), Manufacturing (M), the 6th Street Overlay and Beaumont Avenue Overlay (BAO) Zones. The proposed Ordinance would also amend Table 17.03-4 Permitted Land Uses for Overlay Zone Dis- tricts within Chapter 17 Zoning to conditionally per- mit Batting cages in the Beaumont Avenue Overlay (BAO) zone. Ordinance No. 1074 was adopted at its second read- ing on July 5, 2016 by the following vote: AYES: Mayor Lara, Council Members White, Condon, Knight, and Orozco NOES: None ABSTAIN: None ABSENT: None Rebecca Deming Community . Development Director Published in The Record Gazette No. 133594 7/15/16 ORDINANCE NO. 1075 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.11.110 "HOME OCCUPATIONS," OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: SECTION 1. CEQA. 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 text 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 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences, or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced. SECTION 3. Prosecution of Prior Ordinances. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City of Beaumont Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 4. The City Council hereby amends Title 17, Chapter 17.11.110, entitled "Home Occupations" to the Beaumont Municipal Code, to read as specifically set forth in Exhibit "A", which Exhibit is attached hereto and made a part hereof. SECTION 5. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont, California, approves an amendment to the City Code. INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 21st day of June, 2016, by the following roll call vote: AYES: Orozco, Condon, Knight, White, Lara NOES: None ABSENT: None ABSTAIN: None PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 5th day of July, 2016. AYES: Orozco, Knight, Condon, White, Lara NOES: None ABSENT: None ABSTAIN: Non Approved as to form: Joh r' Pinkney, Ci - s ttorney 2 Exhibit A 17.11.110 HOME OCCUPATIONS. The purpose of this Section is to provide for the conduct of home occupations/home-based businesses in residential zones or buildings in such a manner as to be compatible with, and not disruptive to, residential neighborhoods. The use shall be clearly incidental and secondary to the principal use of a residential dwelling as a dwelling. A. USES PERMITTED. The following uses or similar uses shall be considered as home-based businesses provided that such uses comply with the criteria stated in this Section: 1. Professional office occupation whose principal product is information, management or design, including but not limited to accounting, architecture, artist/talent management and promotion, brokerage, business/financial management, computer programming and software development, credit/financial counseling, drafting and illustration, engineering, fashion design, interior decoration and design, legal services, marketing and advertising, property management, and writing and editing. The primary means of contact must be by phone, mail, or other electronic form of communication. Professional office activity does not include research requiring the use of hazardous materials and equipment. Professional office activity does not include a medical office. 2. A secondary office for a business in which the principal office, staff and equipment are located elsewhere. 3. The home office of a salesman, wherein all sales are conducted by telephone or by correspondence and wherein there are no displays or related commodities on premises. 4. Any legal use customarily conducted entirely within a residential dwelling. 5. The home office of a service business where not more than one (1) 2,000 pound (1 ton) or smaller vehicle used in conjunction with the home-based business is kept on the subject property. 6. Sales of produce (fruit or vegetables) grown on the subject property. 7. Cottage food operations, as defined in California Health and Safety Code Section 113758, shall be a permitted home-based business provided it complies with all applicable provisions of this Section and under the California Health and Safety Code, as it may be amended. B. CONDITIONS. Home-based businesses may be permitted pursuant to the provisions of this Section, subject to the following conditions. 1. Employment shall be limited to residents of the dwelling only. 2. Material or equipment used in connection with such home-based businesses shall be limited to that normally found in a dwelling and 3 recognized as being part of the normal uses and practices in the zone in which the use is a part. 3. There shall be no direct sales of products or merchandise from the dwelling, except for produce (fruit or vegetables) grown on the subject property or otherwise as authorized by this Section. 4. Produce and sales may be permitted subject to sales being limited to three (3) days per week. No structure or stand of a permanent nature shall be erected on the subject property. 5. Customers or clientele shall not be permitted to visit/enter the dwelling in connection with the home-based business. However, incidental uses such as music lessons, tutoring, and the sale of produce may be permitted if the intensity of such use is approved by the Community Development Director. 6. No more than one (1) room of the dwelling shall be used for the home-based business. Use of the garage for the home-based business may be permitted if such use does not obstruct required parking. 7. No alteration of any kind will be allowed to the principal building which changes its residential character. This includes, but is not limited to, the enlargement of public utility services or the installation of special equipment attached to walls, floor or ceilings. 8. The home-based business use shall not generate pedestrian or vehicular traffic beyond that normal/customary to the zone in which it is located. 9. The home-based business shall not involve the use of commercial vehicles for delivery of materials to or from the premises. 10. Materials or supplies shall not be stored indoors or outdoors for purposes other than those permitted in the zone. 11. The home-based business shall not involve the display of signs or advertising devices on the premises except one unlighted sign, not more than two square feet in area, may be posted on temporary produce displays 12. A valid business license from the City shall be obtained each year and shall be posted on any temporary produce displays. 13. The activities of the home-based business shall not be conducted in a manner that negatively impacts the residential area. Such determination of the City may include, but not be limited to, consideration of color of the building, construction, lighting, signs, sounds, noises and vibrations. 14. All operations of such home-based business shall be conducted so as to prevent the emanation of any dust, gas, smoke, noise, fumes, odors, vibrations, or electrical disturbances which are or may be detrimental to the welfare of the occupants of surrounding properties. 15. No accessory building or space outside of the principal building shall be used for the home-based business other than the growing of produce. No outdoor storage, including the storage or parking of vehicles associated with the home-based business, shall be permitted. 16. The following requirements shall also apply to cottage food occupations: i. The permit applicant shall be the individual who conducts the cottage food operation from his or her private residential dwelling and is the owner of the cottage food operation. The permit shall not be transferable to another operator nor transferable to another site. ii. The cottage food operation shall be registered or permitted as a "Class A" or "Class B" operation by the Riverside County Department of Environmental Health in accordance with Section 114365 of the California Health and Safety Code. Cottage food operations shall comply with all California Health and Safety Code requirements. iii. Any applicant for a permit under this Section shall provide to the City, as part of the home-based business application: (1) a copy of the operation's registration or permit to operate as a "Class A" or "Class B" operation, as required under Health and Safety Code Section 114365, and (2) a copy of the self - certification checklist submitted to and approved by the County. iv. The permit shall be granted if the application is complete and the cottage food operation complies with the requirements set forth in this Section, and all other code sections regarding spacing and concentration, traffic control, parking, and noise control. v. A permit issued under this Section may be revoked for any violation of this Section or of Section 114365 et seq. of the California Health and Safety Code. vi. The City may, for inspection purposes, access the permitted area of a private home where a cottage food operation is located if the City has, on the basis of a consumer complaint, reason to suspect that adulterated or otherwise unsafe food has been produced by the cottage food operation, or that the cottage food operation has violated this Section and/or California Health and Safety Code Section 114365 et seq. vii. Gross annual sales shall not exceed the amount specified in California Health and Safety Code Section 113758. 17. A home occupation shall be subject to any additional condition or requirement, which may be imposed by the Commission or Council. C. APPLICATIONS. Applications to have a home-based business shall be made to the Community Development Director, accompanied by the filing fee set forth in the fee schedule, and shall include such information and documentation 5 as may be required to complete an Home Occupation Permit. The applicant shall be the operator of the home-based business and shall be a resident of the dwelling in which the home-based business is located. Information shall be provided to ensure that the proposed home-based business complies with the requirements of this Section. Additional information necessary to make the findings required for approval may be required by the City. The permit may include specific conditions and restrictions necessary to make the use compatible with a residential setting. D. EXEMPTIONS. Activities exempt from the home-based business requirements include temporary sales stands with nominal sales such as children's lemonade stands and hostess parties, not more than three in any twelve-month period. No structure or stand of a permanent nature shall be erected onsite for these exempt sales. 6 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 133591 ORD AMENDING 17.11.110 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: July 15, 2016 Executed on: 07/15/2016 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true idorrect. i t Signature CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, June 7th, 2016 and June 21st, 2016 at 550 E. 6th Street, Beaumont, Califor- nia 92223, to receive testi- mony and comments from all interested persons re- garding the adoption of the following matter(s): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.11.110 HOME OCCU- PATIONS, OF THE BEAUMONT MUNICI- PAL CODE The City of Beaumont is proposing to adopt an amendment to Chapter 17.11.110 Home Occupa- tions to amend and update the permitted uses, condi- tions, and exemptions. Ordinance No. 1075 was adopted at its second read- ing on July 5, 2016 by the following vote: AYES: Mayor Lara, Council Members White, Condon, Knight, and Orozco NOES: None ABSTAIN: None ABSENT: None Rebecca Deming Community Development Director Published in the Record Gazette No. 133591 7/15/16 ORDINANCE NO 1076 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 2.35 AND ITS RENAMING TO "FINANCIAL AND AUDIT COMMITTEE" TO THE CITY OF BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY STATE OF CALIFORNIA AS FOLLOWS: SECTION 1. CEOA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environment Quality Act ("CEQA") pursuant to Section 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 1560(c)(3) (the activity is not project as defined in Section 15378) of the CEQA Guidelines, California Code Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 2 Severability . The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences or words of this Ordinance, and to this end the provisions, of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced. SECTION 3. The City Council hereby amends the name to Chapter 2.35 "Financial and Audit Committee" to the City of Beaumont as follows: Chapter 2.35 "Financial and Audit Committee" Sections: 2.35.010 Purpose and Intent. 2.35.020 Definitions. 2.35.030 Creation of Committee. 2.35.040 Appointment and Qualifications of Committee Members. 2.35.050 Term and Tenure of Members. 2.35.060 Powers and Duties. 2.35.070 Rules and Regulations. 2.35.010 Purpose and Intent. The purpose of this Chapter to establish a Financial and Audit Committee. The Financial and Audit Committee shall act in advisory capacity to the City Council and work to promote enhanced fiscal responsibility, accountability, integrity, transparency, and to recommend fiscal and investment policies for City Council consideration. 2.35.020 Definitions. (A) "City" shall mean the City of Beaumont; (B) "Code" shall mean the City of Beaumont Municipal Code; (C) "Committee" shall mean the Financial and Audit Committee as established herein. 2.35.030 Creation of Committee. There is hereby created a Financial and Audit Committee. The Committee shall consist of none (9) members. 2.35.040 Appointment and Qualification of Committee Members. The City Council shall appoint the members of the Committee. Committee members shall be at least eighteen (18) years of age and shall consist of at least two (2) members of the City Council, the City Treasurer, the City Manager or his or her designee as the highest ranking financial staff member of the City, and five (5) residents of the City of Beaumont. The ninth committee member shall either be a City resident and/or he or she must own a business operating within the City. The City Manager and his or her designee as the highest ranking financial staff position shall be on the Committee as non-voting members. There will be nine voting members. Any Committee member may be removed from the Committee after three consecutive unexcused absences from meetings and a majority vote of the Committee. 2.35.050. Term and Tenure of Members. All members of the Committee shall be appointed for a term of two (2) years and shall serve at the pleasure of the City Council. Members shall serve without compensation. 2.35.060. Powers and Duties. The Committee shall be advisory to the City Council. The Committee shall hold public meetings at least once every sixty days. The Committee shall make recommendations to the City Council regarding: (A) City investment policies and practices; (B) Long term financial planning; (C) Such other matters as the City Council may request from time to time 2.35.070 Rules and Regulations. The Committee shall appoint a chair, who shall conduct Committee meetings and report quarterly to the City Council on Committee activities and recommendations. The Committee shall adopt such rules and regulations as are needed to conduct its meetings and shall comply with the Brown Act and other applicable laws. SECTION 4. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36937. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont, California, approves this amendment to the City Code. INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 21st day of June, 2016 by the following vote: AYES: Orozco, Knight, Condon, White, Lara NOES: None ABSENT: None ABSTAIN: None ADOPTED by the City Council, signed by the Mayor, and attested by the City Clerk this 5th day of July, 2016. AYES: Orozco, Knight, Condon, White, Lara NOES: None ABSENT: None ABSTAIN: None Mike Lara, ATTEST: Julio 3 rci iez, City Cl7 Approved as to form: John O. z ney, City ey Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 133595 AMENDING CHAPTER 2.35 State of California County of Riverside ) sS. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: July 15, 2016 Executed on: 07/15/2016 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, June 21st, 2016 at 550 E. 6th Street, Beaumont, Cali- fornia 92223, to receive tes- timony and comments from all interested persons re- garding the adoption of the following matter(s): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 2.35. AND ITS RENAMING TO FINANCIAL AND AUDIT COMMITTEE TO THE BEAUMONT MU- NICIPAL CODE The City of Beaumont is proposing to adopt an amendment to Chapter 2.35 Standing Financial Committee to be renamed Financial and Audit Com- mittee Ordinance No. 1076 was adopted at its second read- ing on July 5, 2016 by the following vote: AYES: Mayor Lara, Council Members White, Condon, Knight, and Orozco NOES: None ABSTAIN: None ABSENT: None Julio Martinez City Clerk Published in The Record Gazette No. 133595 7/15/16