Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My Public Portal
About
City Council - 03 Sep 2019 - Agenda - Pdf
Agenda City of Beaumont City Council Meeting Closed Session 5:00 PM Regular Session 6:00 PM Beaumont Financing Authority Beaumont Successor Agency (formerly RDA) Beaumont Utility Authority Beaumont Parking Authority Beaumont Public Improvement Authority Community Facilities District 93-1 550 E. 6th Street, Beaumont, Ca Tuesday, September 3, 2019 Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk’s office at 550 E. 6th Street during normal business hours. Any person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk’s office at (951) 769-8520, at least 48 hours prior to the meeting in order to make a request for a disability related modification or accommodation. Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a “Public Comment Form” provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the City Council from discussing or taking actions brought up by your comments. Page CLOSED SESSION A Closed Session of the City Council / Beaumont Financing Authority / Beaumont Utility Authority / Beaumont Successor Agency (formerly RDA)/Beaumont Parking Authority / Beaumont Public Improvement Authority may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security m atters, providing instructions to real property negotiators and conference with legal counsel regarding pending litigation. Any public comment on Closed Session items will be taken prior to the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session with be made in the City Council Chambers. CALL TO ORDER Mayor Martinez, Mayor Pro Tem Santos, Council Member Carroll, Council Member Lara, and Council Member White 1. Public Comments Regarding Closed Session 2. Conference with Legal Counsel Regarding Anticipated/Existing Litigation — Pursuant to Government Code Section 54956.9(d)(1)and/or(2) and/or (3). (Worker’s Compensation Case No. COBM -0002, -0010, and -0024 Page 1 of 201 3. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8 for Property Known as Vacant Land APN 418- 190-004, 005, 006, and 007 and 418-140-028 and 029. Agency Negotiator: City Manager Todd Parton or his Designee. Negotiating Parties: City of Beaumont and JADE Real Estate Holdings. Under Negotiation: Price and Terms 4. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8 for Property Known as Vacant Land APN 418- 190-004, 005, 006, and 007 and 418-140-028 and 029. Agency Negotiator: City Manager Todd Parton or his Designee. Negotiating Parties: City of Beaumont and Heslin Holdings, Inc. Under Negotiation: Price and Terms 5. Conference with Legal Counsel Regarding Potential Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) - One Potential Case Adverse to Norton Rose Adjourn to Closed Session REGULAR SESSION CALL TO ORDER Mayor Martinez, Mayor Pro Tem Santos, Council Member Carroll, Council Member Lara, and Council Member White Report out from Closed Session: Action on any Closed Session items: Action on any requests for excused absence: Pledge of Allegiance: Approval/Adjustments to Agenda: Conflict of Interest Disclosure: ANNOUNCEMENTS/RECOGNITIONS/PROCLAMATIONS/CORRESPONDENCE 1. Eagle Scout Recognitions 2. Introduction of New Police Employees and Promotions PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA) Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a “Public Comment Form” provided at the back table and give it to the City Clerk. There is a three (3) minute time limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the City Council from discussing or taking actions brought up by your comments. Page 2 of 201 CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. Approval of all Ordinances and Resolutions to be read by title only. 3. Ratification of Warrants Warrants dated 08.22.19 7 - 32 4. Approval of Minutes CC Minutes 08.20.19 33 - 40 PUBLIC HEARINGS Approval of all Ordinances and Resolutions to be read by title only 5. Conduct a Public Hearing and Consideration of Tentative Parcel Map No. 37791 (PW2019-0005) for a Request to Subdivide 8.93 Acres into Two (2) Parcels with an Existing Storage Facility on a 5.28-Acre Parcel and a 3.65-Acre Vacant Parcel for Financing and Conveyance Purposes Only Located North of East First Street, South of East Second Street, East of Pennsylvania Avenue and West of Commerce Way at 1422 East First Street Recommended Council Action(s): 1. Hold a Public Hearing; and 2. Approve Tentative Parcel Map No. 37791 (PM2019-0005) for a two- year period, subject to the attached conditions of approval; and 3. Direct staff to prepare a Notice of Exemption for the applicant to record with the County Clerk. Staff Report - Html Attachment A - Draft Conditions of Approval Attachment B - Tentative Parcel Map 37791 Attachment C - General Plan Land Use Designation Attachment D - Zoning Map Attachment E - Aerial Photograph Attachment F - Parcel Map 31948 41 - 69 ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. 6. Second Reading and Approval of "An Ordinance of the City of Beaumont Amending Title 5, Chapter 5.64 of the City of Beaumont Municipal Code to Peddlers; And Amending Title 5, Chapter 5.66, Sidewalk Vending" Recommended Council Action(s): 1. Approve at its second reading, the following, “An Ordinance of the City of Beaumont Amending Title 5, Chapter 5.64 of the City of Beaumont Municipal Code to Peddlers; And Amending Title 5, Chapter 5.66, Sidewalk Vending. Staff Report - Html Attachment A - Vendor Ordinance redlined version 71 - 116 Page 3 of 201 Attachment B - Vendor Ordinance for adoption 7. Approval of Ramona Animal Shelter Contract Recommended Council Action(s): 1. Renew the contract for a two-year term effective September 1, 2019. Staff Report - Html Attachment A - Ramona Humane Society Agreement Attachment B - Ramona Humane Society Scope of Work Attachment C - Ramona Humane Society Payment Provisions 117 - 134 8. Authorize Purchase of Network Security Hardware and Professional Services Recommended Council Action(s): 1. Authorize the purchase of hardware from Golden Star Technologies for firewalls and switches plus 1 year warranty in the amount of $47,177; and 2. Approve and authorize the city manager to sign the VPLS professional services agreement for Fortinet firewall deployment services in the amount of $42,236. Staff Report - Html Attachment A - GST Hardware Attachment B - VPLSProServices 135 - 150 9. Approval of Requisition Greater than $25,000 Recommended Council Action(s): 1. Approve requisition 825 in the amount of 199,095.00 payable to Webb Municipal Finance, LLC. Staff Report - Html Attachment A - Webb Municipal Finance Qtr 1 Invoice 151 - 156 10. Review and Approval of Conceptual Design for West Side Fire Station and Authorization for Staff to Initiate the Final Design Phase Recommended Council Action(s): 1. Review and approve the conceptual design for the West Side Fire Station and authorize staff to initiate the final design phase. Staff Report - Html Attachment A - Project Location Map Attachment B - Beaumont West Side Fire Station Conceptual Plan 157 - 164 11. Approval of Compensation Plan and Salary Table Recommended Council Action(s): 1. Approval of the Compensation Plan and Salary Table. Staff Report - Html Attachment A - Compensation Plan Attachment B - Salary Table 165 - 171 12. Receive and File the Potrero Bridge Project Summary and Construction 173 - Page 4 of 201 Change Order Update Recommended Council Action(s): 1. Receive and file the Potrero Bridge Project Summary and Construction Change Order Update. Staff Report - Html Attachment A - CCO5A Paving Potrero Blvd Full Width 185 13. Wastewater Treatment Plant Expansion/Renovation and Brine Pipeline Installation Project Status Update; and Authorize an Additional $100,000.00 for the City Manager to Execute Agreements for Archaeological, Biological and Tribal Monitoring for the Brine Line and the Wastewater Treatment Plant for a Total Amount Not to Exceed $350,000.00 Recommended Council Action(s): 1. Receive and file the project updates. 2. Authorize an Additional $100,000.00 for the City Manager to Execute Agreements for Archaeological, Biological and Tribal Monitoring for the Brine Line and the Wastewater Treatment Plant for a Total Amount Not to Exceed $350,000.00. Staff Report - Html Attachment A - Brine Line Reach 1 - 3 Week Schedule Attachment B - Brine Line Reach 2 - 3 Week Schedule Attachment C - WWTP - 3 Week Schedule 187 - 197 14. Appointment to the Post Secondary Education Representative of the Economic Development Committee Recommended Council Action(s): 1. Appoint Mr. Von Lawson as the Post Secondary Education Representative of the Economic Development Committee. Staff Report - Html Attachment A - MSJC Recommendation Letter 199 - 201 15. Legislative Updates and Discussion COUNCIL REPORTS • Carroll • Lara • Martinez • Santos • White ECONOMIC DEVELOPMENT UPDATE Economic Development Committee Report Out and City Council Direction CITY TREASURER REPORT Finance and Audit Committee Report Out and Council Direction CITY CLERK REPORT Page 5 of 201 CITY ATTORNEY REPORT CITY MANAGER REPORT Weed Abatement Update FUTURE AGENDA ITEMS Adjournment of the City Council of the September 3, 2019 Meeting at ____ p.m. The next regular meeting of the Beaumont City Council, Beaumont Financing Authority, the Beaumont Successor Agency (formerly RDA), the Beaumont Utility Authority, the Beaumont Parking Authority and the Beaumont Public Improvement Agency is scheduled for Tuesday, September 17, 2019, at 5:00 p.m. or thereafter as noted on the posted Agenda for Closed Session items in the City Council Board Room No. 5, followed by the regular meeting at 6:00 p.m. or thereafter as noted on the posted Agenda at City Hall. Beaumont City Hall – Online www.BeaumontCa.gov Page 6 of 201 IEAUMONT AGENDA ITEM NO. Agenda Item No. 3. Page 7 of 201 ss??nr _/_/j Agenda Item No. 3. Page 8 of 201 Agenda Item No. 3. Page 9 of 201 Agenda Item No. 3. Page 10 of 201 475987 475988 475009 475102 476122 47512 9 76164 100-6000-7085-6025 10iIi-6050-7070-0000 100-6050-7090-0000 100-6050-7070-0000 100-5050-7070-0000 100-6000-7085-6048 100-6050-7070-0000 100-6050-7070-008A 750-7300-7037-0000 100-6050-7070-014A /..an up ,2:- ..‘.U1'._‘/.3‘'4 Ur,»,-(M 4/6102 4/613* J /of‘.I 4 ,=.,1.".4 J/h/flit! 4/6212 1"?* [\x~’! l_C~‘\"\ 100-6050-7090-0000 100-6050-7090-0000 100-6050-7090-0000 100-6050-7090-0000 100-0000-2035-0000 100-6000 7085-6048 Agenda Item No. 3. Page 11 of 201 RI1114r5|‘HH‘ 43142. 3 100-2000-7068-0000 100-6050-7070-54Ct) 100-1225-7065- 7 10- 100-0000-4590-0000 I 00-6050-7070- RCT922879 700-4050-7030-0000 100-2000-7063-0000 000351GO0i 09 3 0954-4685 61 700-4050-7090-007A 700-4050-7070-0000 100-6000-7085-6025 0954-469922 0954-470003 0954-471153 0954471285 100-6000-7085-6045 700-4050-7070-0000 Check Report Vendor Number Payable If 1160 Payable # 3215 Payable # 3147 Payable # 3578 Payable # 3739 Payable Ii 1227 Payable # 1242 Payable It 1258 Date Range:08/16/2019-08/23/ 2019vendorNamePaymentDatePaymentTypeDiscountAmountPaymentAmountNumber Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 08/22/2019 8 FEI:‘l'HIGHSTC—25BLANKETRENTAL 0.00 862.00 CAPITAL IMPROVEMENT 8 FEETHIGHSTC-25 BLANKETR 862.00 BIG TIME DESIGN 08/22/2019 Regular 0.00 96.98 102997 Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 08/21/2019 EMPLOYEEUNIFORMS 0.00 96.98 UNIFORMS EMPLOYEEUNIFORMS 96.98 BURGESON'SHEATING&AIR CONDITIONING,I 08/22/2019 Regular 0.00 2,250.00 102998 Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 08/21/2019 DEPTSUPPLIES 0.00 2,250.00 SPEC DEPT EXP-SPORTS DEPTSUPPLIES 2,250.00 CALIFORNIAVETERINARYINC 08/22/2019 Regular 0.00 344.68 102999 Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount V Invoice 08/21/2019 ANIMALCARESERVICES 0.00 223.18 CONTRACTUALSERVICES ANIMALCARESERVICES 223.18 Invoice 08/21/2019 ANIMALCARESERVICES 0.00 121.50 CONTRACTUALSERVICES ANIMALCARESERVICES 121.50 CALIFORNIAWATER ENVIRONMENTASSOCIATI08/22/2019 Regular 0.00 89.00 103000 Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 08/21/2019 CERTIFICATIONRENEWALFEES-KEVINN 0.00 89.00 DUES&SUBSCRIPTIONS CERTIFICATIONRENEWALFEES-89.00 CARLAFONSECA 08/22/2019 Regular 0.00 40.00 103001 Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 08/21/2019 DEPOSIT REFUND 0.00 40.00 BUILDING RENTAL DEPOSITREFUND 40.00 CARROT:TOPINDUSTRIESINC 08/22/2019 Regular 0.00 368.14 103002 Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 08/21/20 19 DEPT SUPPLIES 0.00 368.14 SPECIALDEPT SUPPLIES DEPTSUPPLIES 368.14 CED 08/22/2019 Regular 0.00 187.43 103003 Payable Type ‘Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 06/30/2019 BUILDINGSUPPLIES 0.00 58.06 BLDGMAINT-COMMUNI BUILDINGSUPPLIES 58.06 Invoice O6/30/2019 DEPTSUPPLIES 0.00 26.57 SPECIAL DEPT SUPPLIES DEPTSUPPLIES 26.57 Invoice 06/30/2019 DEPT SUPPLIES 0.00 72.65 EQUIPMENTSUPPLIES/MDEPTSUPPLIES 72.65 Invoice 06/30/2019 DEPT SUPPLIES 0.00 3.21 SPECIALDEPT SUPPLIES DEPTSUPPLIES 3.21 Invoice O6/30/2019 BUILDINGSUPPLIES 0.00 26.94 BLDGMAINT-CITYHALL BUILDINGSUPPLIES 26.94 CHERRYVALLEYNURSERY 08/22/2019 Regular 0.00 115.98 103004 8/23/2019 9:49 :42 AM Page 5 of 21 4358'/700 Agenda Item No. 3. Page 12 of 201 Agenda Item No. 3. Page 13 of 201 750-7200-6025-0000 L1116329824 100-2050-7068-0000 100-GOCO-7022-6045 100-6050-7070- E 1665279 SB 1.?5-’»-,Lu.;1.C:J~7J\'£".l'CJ rrf 9lEx'/88 100~O000‘4590— " 14288 E17092 E58243 C529G7 614288 617092 L§824+ my f?u X 100-1230-7071-6040 100-6000-7063-6025 100-6000-7068-6025 1O0-6000-7068-6026 1O0-6000-7068-6045 100-6000-7068-6060 100-6000-7068-6065 /50-7 200-7037-0000 750-7200-7037-0000 750-7600-7037-0000 100-2000-703 7-0000 100-2030-7037-0000 10!”I-2050-7037-0000 Check Report Date Range:08/16/2019-08/23/ 2019VendorNumberVendorNamePaymentDatePaymentTypeDiscountAmountPaymentAmountNumber SPECIALDEPTSUPPLIES DEPTSUPPLIES 42.35 1401 DEPARTMENT OF INDUSTRIALRELATIONS 08/22/2019 Regular 0.00 225.00 103013 Payable #Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 08/21/2019 INSPECTIONFEE 0.00 225.00 LICENSE,PERMITS,FEES -INSPECTIONFEE 225.00 1402 DEPARTM ENTOF JUSTICE 08/22/2019 Regular 0.00 140.00 103014 Payable #Payable Type Post Date Payable Description Discount Amount Payable Amount ‘Account Number Account Name Item Description Distribution Amount Invoice 08/22/2019 Department ofJustice -Blood Analysis 0.00 140.00 CONTRACTUALSERVICES Department ofJustice -Blood A 140.00 1473 EMPLOYMENTDEVELOPMENTDEPT.08/22/2019 Regular 0.00 1,910.00 103015 Payable #Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 08/21/2019 UNEMPLOYMENT 0.00 1,910.00 UNEMPLOYMENT UNEMPLOYMENT 1,910.00 3740 ERDTENVISIONORG 08/22/2019 Regular 0.00 500.00 103016 Payable ll Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 08/21/2019 DEPOSITREFUND 0.00 500.00 BUILDING RENTAL DEPOSITREFUND 500.00 1498 EVERBRIDGE ,INC 08/22/2019 Regular 0.00 17,500.00 103017 Payable If Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 06/30/2019 Everbridge Mass Noti?cation System 0.00 17,500.00 SOFTWARE(POLICEDEPT Everbridge Mass Noti?cation Sy 17,500.00 3347 EXECUTIVEFACILITIESSERVICES,INC 08/22/2019 Regular 0.00 8,619.51 103018 Payable II Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 06/30/2019 Custodial Services 0.00 8,619.51 CONTRACTUALSVC-CITY Custodial Services 510.00 CONTRACTUALSVC-CITY Custodial Services 3,740.00 CONTRACTUALSVC-CITY CUSTODIALSERVICE 676.98 CONTRACTUALSVC-COM CUSTODIALSERVICES 3,400.00 CONTRACTUALSVC-713 CUSTODIALSERVICE 167.53 CONTRACTUALSVC-550 Custodial Services 125.00 1501 FAIRVIEWFORD 08/22/2019 Regular 0.00 974.92 103019 Payable #Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 08/21/2019 VEHICLEMAINTENANCE 0.00 661.24 VEHICLEMAINTENANCE VEHICLEMAINTENANCE 661.24 Invoice 08/21/2019 VEHICLEMAINTENANCE 0.00 124.68 VEHICLEMAINTENANCE VEHICLEMAINTENANCE 124.68 Invoice 06/30/2019 VEHICLEMAINTENANCE 0.00 121.50 VEHICLEMAINTENANCE VEHICLEMAINTENANCE 121.50 Invoice 08/22/2019 Fairview Ford 0.00 67.50 VEHICLEMAINTENANCE Fairview Ford 9.64 VEHICLEMAINTENANCE Fairview Ford 9.64 VEHICLEMAINTENANCE Fairview Ford 48.22 3054 FALCONENGINEERINGSERVICES,INC 08/22/2019 Regular 0.00 43,755.70 103020 8/23/2019 9:49:42 A Page 7 of 21 Agenda Item No. 3. Page 14 of 201 Agenda Item No. 3. Page 15 of 201 6151 100-6050-7070-0000 100-1240-6050-0000 Agenda Item No. 3. Page 16 of 201 Agenda Item No. 3. Page 17 of 201 Agenda Item No. 3. Page 18 of 201 Agenda Item No. 3. Page 19 of 201 2678-208139 7.678-208958 50G-0000-8030-0000 100-6000-7085-G045 750-7 100-703 7-0000 750-7300-703 7-0000 100-2050-7037-0000 Agenda Item No. 3. Page 20 of 201 Agenda Item No. 3. Page 21 of 201 51843 750-7200-703 7-0000 Jul/L15 2|)1In; 100-1200-7036-0000 O0-2150-7068-0000 ‘.100-2150-7068-0000 CATWA -073120 3435791 3493;3U 3489701 3493130 Agenda Item No. 3. Page 22 of 201 Agenda Item No. 3. Page 23 of 201 100-3 250-7075-0000 1168332-0002 1168332-0003 116833 2-000-1 100-3 250-7075-0000 1 J 68332-0001 1167353-0001 1167353-0002 1167002-0001 O0-3250-7075-OOOO 100-3250-7075-0000 100-3250-7075-0000 100-3 250-7075-0000 100-3250-7075-0000 130-3250-7075-0000 100-0000-4590-0000 7074892— RU “J()'~‘l8b Agenda Item No. 3. Page 24 of 201 Agenda Item No. 3. Page 25 of 201 Agenda Item No. 3. Page 26 of 201 Agenda Item No. 3. Page 27 of 201 Agenda Item No. 3. Page 28 of 201 Agenda Item No. 3. Page 29 of 201 Agenda Item No. 3. Page 30 of 201 Agenda Item No. 3. Page 31 of 201 Agenda Item No. 3. Page 32 of 201 MINUTES City Council Meeting Tuesday, August 20, 2019 Council Chambers 550 E 6th St. Beaumont, Ca Closed Session: 5:00 PM Regular Session: 6:00 PM CLOSED SESSION A Closed Session of the City Council / Beaumont Financing Authority / Beaumont Utility Authority / Beaumont Successor Agency (formerly RDA)/Beaumont Parking Authority / Beaumont Public Improvement Authority may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators and conference with legal counsel regarding pending litigation. Any public comment on Closed Session items will be taken prior to the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session with be made in the City Council Chambers. CALL TO ORDER at 5:01 p.m. Present: Mayor Martinez, Mayor Pro Tem Santos, Council Member Carroll, Council Member Lara, and Council Member White 1. Public Comments Regarding Closed Session No speakers 2. Conference with Legal Counsel Regarding Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2) and/or (3) - One Potential Case No reportable action. 3. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8 for Property Known as Vacant Land APN 418-190-004, 005, 006, and 007. Agency Negotiator: City Manager Todd Parton or his Designee. Negotiating Parties: City of Beaumont and MJC Investment Property I, LLC. Under Negotiation: Price and Terms No reportable action. 4. Existing Litigation - Pursuant to Government Code Section 5459.9(d)(1): City of Beaumont/Successor Agency to the Redevelopment Agency of the City of Beaumont v., California Department of Finance, et. al. Sacramento County Case No. 34-2019- 80003049 Motion to not appeal the court’s decision was made by Council Member White Seconded by Council Member Lara Council Member White, Council Member Lara and Mayor Pro Tem Santos voted not to appeal. Council Member Carroll and Mayor Martinez voted to appeal. The motion NOT TO APPEAL THE COURT RULING passed by a 3-0 vote. Agenda Item No. 4. Page 33 of 201 City Council August 20, 2019 5. Conference with Legal Counsel Regarding Anticipated/Existing Litigation — Pursuant to Government Code Section 54956.9(d)(1)and/or(2) and/or (3). (Worker’s Compensation Case No. COBM -0002, -0010, and -0024 No reportable action. Adjourn to Closed Session REGULAR SESSION CALL TO ORDER at 6:18 p.m. Present: Mayor Pro Tem Santos, Council Member Carroll, Council Member Lara, and Council Member White Absent: Mayor Martinez (will be in attendance later in the evening) Report out from Closed Session: see above Action on any Closed Session items: see above Action on any requests for excused absence: Mayor Martinez will be back in attendance later in the evening. Pledge of Allegiance Approval/Adjustments to Agenda: None Conflict of Interest Disclosure: Council Member Carroll and Mayor Pro Tem Santos will have a conflict with a portion of Item 18. ANNOUNCEMENTS/RECOGNITIONS/PROCLAMATIONS/CORRESPONDENCE PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA) Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a “Public Comment Form” provided at the back table and give it to the City Clerk. There is a three (3) minute time limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. J. James - Expressed concerns regarding weed abatement, traffic issues and train noise. M. Daniel - Expressed concerns regarding the post office and the need for a new one. D. Green - Gave an update regarding the State Route 60 expansion project. L. Kimball - Thanked PD for the radar trailer and asked that it be placed in front of Sundance Elementary and expressed concerns regarding peddlers. R. Roy - Expressed concerns regarding existing committees and asked that additional committees be formed. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. Approval of all Ordinances and Resolutions to be read by title only. 1. Ratification of Warrants Agenda Item No. 4. Page 34 of 201 City Council August 20, 2019 2. Approval of Minutes 3. Performance Bond Acceptance and Security Agreement Approval for William Lyon Homes, LLC, for Sewer Lift Station Improvements within the Olivewood Specific Plan Residential Development 4. Bond Exoneration for Bond No. 906000958 – LINC Community Development Corporation 5. Declaration of Surplus Property and Request for Disposal 6. Revision to the Short Range Transit Plan Fiscal Year 2019-2020 - Table 4 7. City Council Travel Expense Budget Moved by Nancy Carroll Seconded by Mike Lara __ Council Member White __ Council Member Lara __ Council Member Carroll __ Mayor Pro Tem Santos _absent_ Mayor Martinez To approve the Consent Calendar. Approved by a 4-0 vote PUBLIC HEARINGS Approval of all Ordinances and Resolutions to be read by title only ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. 8. Support Letter for Proposed U.S. Bicycle Route 85 through the City of Beaumont Motion by Lloyd White Second by Mike Lara Table the item for further research. __ Council Member White __ Council Member Lara __ Council Member Carroll __ Mayor Pro Tem Santos _absent_ Mayor Martinez Approved by a 4-0 vote. 9. Fiscal Year 2019-20 Development Impact Mitigation Fee Program Adjustments Pursuant to Ordinances 1087, 1092, 1095 and Resolution 2017-23 Motion by Mike Lara Second by Lloyd White __ Council Member White __ Council Member Lara Agenda Item No. 4. Page 35 of 201 City Council August 20, 2019 __ Council Member Carroll __ Mayor Pro Tem Santos _absent_ Mayor Martinez To receive and file the report, and direct the City Manager to update the Development Fee Schedule effective January 1, 2020, to reflect the adjusted fees pursuant to Ordinances 1092 and 1095, and Resolution 2017-23. Approved by a 4-0 vote. 10. Finance and Audit Committee Tasks Public Comment: R. Roy - Stated that there is no committee participation and asked a revision of the municipal code regarding the Finance and Audit Committee. Consensus to give direction to staff and the committee to evaluate the investment policy, telecommunication security, CFD training with local realtors, a CFD Q&A, assistance with audit RFPs, other City financial 101 training, grants reporting, evaluate policy procedures and asked that the committee prioritize these suggestions. 11. Review Telecommunication Audit and Authorize Contract Extension with Frontier Motion by Mike Lara Second by Rey Santos __ Council Member White __ Council Member Lara __ Council Member Carroll __ Mayor Pro Tem Santos _absent_ Mayor Martinez To authorize City Manager to sign 36-month contract with Frontier Communications for analog and telecommunication services, and approve the Verizon wireless month to month agreement for wireless cell phones. Approved by a 4-0 vote. 12. Approval of Requisitions Greater than $25,000 in Accordance with City of Beaumont Purchasing Ordinance Motion by Mike Lara Second by Lloyd White __ Council Member White __ Council Member Lara __ Council Member Carroll __ Mayor Pro Tem Santos _absent_ Mayor Martinez To approve listed requisitions greater than $25,000. Approved by a 4-0 vote. Agenda Item No. 4. Page 36 of 201 City Council August 20, 2019 13. Approve the Purchase of Three Ford F-550 Entourage Type E Buses in an Amount Not-To- Exceed $700,000 Using Previously Awarded State Transit Assistance Funds Motion by Lloyd White Second by Mike Lara __ Council Member White __ Council Member Lara __ Council Member Carroll __ Mayor Pro Tem Santos _absent_ Mayor Martinez To award the bid to A to Z Bus Sales for the purchase of three Glaval Ford F-550 Entourage Type E style buses and authorize staff to issue a purchase order in an amount not-to-exceed $700,000. Approved by a 4-0 vote. 14. Request for Proposals for Consulting Services to Prepare a Comprehensive Operations Analysis of the City of Beaumont's Public Transit System Public Comment: R. Roy - Thanked Elizabeth for her work in transit and suggested that the data collection include non-riders and active transportation. D. Vera - Asked for a connection across the freeway. Consensus to give direction to staff to gather data on non-riders and to reach out to RTA on such data. 15. Approval of Cal Fire Invoice for April – June 2019 Services Motion by Lloyd White Second by Rey Santos __ Council Member White __ Council Member Lara __ Council Member Carroll __ Mayor Pro Tem Santos _absent_ Mayor Martinez To approve Invoice No. 233375 in the amount of $975,693.73. Approved by a 4-0 vote. 16. Update on the Proposed 6th Cycle RHNA Methodology Consensus to give direction to staff to submit a letter of support to SCAG and WRCOG for method option No. 2. 17. Receive a Report from Urban Futures, Inc., Regarding a Fiscal Review and Analysis of the City of Beaumont’s Tax Sharing Resolution with the County of Riverside and Provide Direction to City Staff Agenda Item No. 4. Page 37 of 201 City Council August 20, 2019 Consensus to accept the report and provide direction to City staff to research data. 18. Establishment of Street Light Maintenance Program for the Four Seasons, Solera and Tournament Hills Subdivisions City Treasurer Ginnetti recused himself during discussion. Public Comment opened at 9:10 p.m. J. Cooley - Representing the Four Seasons HOA read a written note from L. Tavernetti which expressed concerns regarding costs to the tax payer for street light maintenance. Public Comment closed at 9:13 p.m. Motion by Mike Lara Second by Julio Martinez __ Council Member White __ Council Member Lara __ Council Member Carroll __ Mayor Pro Tem Santos __ Mayor Martinez To establish a protocol for the maintenance of street lights within the Four Seasons subdivision. Approved by a unanimous vote. Council Member Carroll, Mayor Pro Tem Santos, and City Clerk Mehlman recused themselves for the discussion and motion. Motion by Mike Lara Second by Lloyd White __ Council Member White __ Council Member Lara _recused_ Council Member Carroll _recused_ Mayor Pro Tem Santos __ Mayor Martinez To establish a protocol for the maintenance of street lights within the Solera subdivision. Approved by a 3-0 vote. Mayor Pro Tem Santos recused himself on this discussion and motion. Motion by Mike Lara Second by Lloyd White __ Council Member White __ Council Member Lara __ Council Member Carroll _recused_ Mayor Pro Tem Santos __ Mayor Martinez Agenda Item No. 4. Page 38 of 201 City Council August 20, 2019 To establish a protocol for the maintenance of street lights within the Tournament Hills subdivision. Approved by a 4-0 vote. 19. Update Regarding the West Side Fire Station Construction Project 20. Legislative Updates and Discussion COUNCIL REPORTS • Carroll - Attended the State of the City. • Lara - Attended the BCVPRD meeting and presented them with a thank and a tree and attended the State of he City. • Martinez - Thanked Council and staff for their participation with the State of the City presentation. • Santos - Attended the State of the City. • White - Attended an Eagle Scout ceremony and the State of the City. ECONOMIC DEVELOPMENT UPDATE Economic Development Committee report out. CITY TREASURER REPORT Finance and Audit Committee report out and thanked Council for direction. CITY CLERK REPORT Gave a report of the Public Records Requests for the month of July. CITY ATTORNEY REPORT 21. Litigation Status Report CITY MANAGER REPORT FUTURE AGENDA ITEMS ADJOURNMENT Adjournment of the City Council of the August 20, 2019 Meeting at 9:57 p.m. The next regular meeting of the Beaumont City Council, Beaumont Financing Authority, the Beaumont Successor Agency (formerly RDA), the Beaumont Utility Authority, the Beaumont Parking Authority and the Beaumont Public Improvement Agency is scheduled for Tuesday, September 3, 2019, at 5:00 p.m. or thereafter as noted on the posted Agenda for Closed Session items in the City Council Board Room No. 5, followed by the regular meeting at 6:00 p.m. or thereafter as noted on the posted Agenda at City Hall. Beaumont City Hall – Online www.BeaumontCa.gov Agenda Item No. 4. Page 39 of 201 City Council August 20, 2019 Agenda Item No. 4. Page 40 of 201 Staff Report TO: Mayor and City Council Members FROM:Carole Kendrick, Senior Planner DATE:September 3, 2019 SUBJECT:Conduct a Public Hearing and Consideration of Tentative Parcel Map No. 37791 (PW2019-0005) for a Request to Subdivide 8.93 Acres into Two (2) Parcels with an Existing Storage Facility on a 5.28-Acre Parcel and a 3.65- Acre Vacant Parcel for Financing and Conveyance Purposes Only Located North of East First Street, South of East Second Street, East of Pennsylvania Avenue and West of Commerce Way at 1422 East First Street Background and Analysis: The subject property is currently partially developed with a storage facility and caretakers’ unit. The storage use was approved by the Planning Commission on May 13, 2003, under Plot Plan 03-PP-10. On March 3, 2005, Parcel Map No. 31948 was recorded, and the subject property was included in the subdivision as a remainder parcel, as shown in Attachment F. The subdivision map showed a street called Monmouth Avenue that connected First and Second Streets on the west side of the storage facility. Monmouth Avenue was proposed as an 80-foot-wide street. Monmouth Avenue was later vacated on March 2, 2006, under Street Vacation 05-5V-02, therefore half widths of the street were returned to the adjacent property owners. The development of the storage facility occurred in 2006, and buildings were constructed within the vacated area. The applicant is currently in the process of refinancing the property and was required to adjust the lot lines to correspond with the existing development and vacant land. The applicant originally submitted a Lot Line Adjustment (PW2019-0338) on April 11, 2019, with the intention to move the line between Assessor’s Parcel Nos. 419-260-044 and 419-260-054. However, the Assessor’s Parcel Numbers only represent a tax number and only one legal lot exists, therefore the applicant submitted a Tentative Parcel Map for financing and conveyance purposes only, to subdivide the storage facility and the vacant land east of the facility. On August 13, 2019, the Planning Commission conducted a public hearing for the proposed subdivision. There was no public testimony and the Commission had minor questions Agenda Item No. 5. Page 41 of 201 regarding future development of Parcel 2 and the extension of 2nd Street to the west. The Planning Commission approved a recommendation that the City Council approve Tentative Parcel Map No. 37791 for a two-year period and subject to the conditions of approval. Approval Authority: The Beaumont Municipal Code, Section 16.04.020 designates the Planning Commission as the “advisory agency” charged with reviewing and making recommendations on all proposal parcel map land divisions and tentative subdivision maps in the City. Section 16.24.050.A authorizes the Planning Commission to conditionally approval or disapprove all tentative parcel maps and tentative subdivision maps and land divisions and submit to the City Council for final approval. When a tentative map is required under the Subdivision Map Act (66463.5(a)), an approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval. The Subdivision Map Act does allow for up to four (4) years of extensions subject to approval by the original approving body. The project setting can also be seen in the following materials attached to this staff report: Agenda Item No. 5. Page 42 of 201 General Plan Land Use Map (Attachment C) Zoning Map (Attachment D) Aerial Photograph (Attachment E) The land uses, zoning, and General Plan land use designations of the project site and surrounding area are shown in the following Table. LAND USE GENERAL PLAN ZONING PROJECT SITE First Street Storage and vacant land Community Commercial (CC) Community Commercial (CC) NORTH Vacant land Community Commercial (CC) Community Commercial (CC) SOUTH Existing single- family residential (Seneca Springs) Single Family Residential (SFR) Residential Single Family (SFR) & Recreation and Conservation (RC) EAST Kohl’s Community Commercial (CC) San Gorgonio Village Specific Plan (SPA) WEST Vacant land Community Commercial (CC) Community Commercial (CC) Analysis: The applicant is proposing to subdivide 8.93 acres into two (2) lots. Parcel 1 proposes a 5.28-acre lot that encompasses the existing storage facility. The storage facility has 6 buildings and is enclosed by a six (6) foot high block wall. Parcel 1 has existing curb, gutter, sidewalk and landscaping on both First and Second Street. Parcel 2 propose a 3.65-acre lot that is undeveloped except for curb, gutter and sidewalk on First and Second Street. An existing block wall is located on the eastern boundary between the vacant land and Kohl’s in addition to the block wall on the proposed western boundary of Parcel 2. The subject property is zoned Community Commercial (CC). The proposed subdivision would be subject to various development standards in terms of lot width and depth as defined in the Beaumont Municipal Code. Staff has reviewed the proposed subdivision and determined that it complies with the minimum development standards of the Beaumont Municipal Code Section 17.03.090.C. The table below summarizes the required development standards. DEVELOPMENT STANDARDS REQUIRED PARCEL 1 PARCEL 2 Minimum Lot Width 100 feet 459 feet 344 feet Minimum Lot Depth 100 feet 460 feet 460 feet Minimum Lot Size 10,000 sq. ft./0.23 acres 229,996 sq. ft./5.28 acres 158,994 sq. ft./3.65 acres Agenda Item No. 5. Page 43 of 201 The map is proposed for conveyance/financial purposes only. No development will be allowed until a subsequent development application is approved for Parcel 2. Public Communications: Property owners located within a 300-foot radius of the project site were notified of the public hearing on August 23, 2019, with a 10 day hearing notice in addition to a public notice in the Press Enterprise. The Planning Department has not received any letters of comment from the public as of the writing of this report. Any comments received prior to the time of the scheduled City Council hearing will be provided to the Council at the time of the meeting. CEQA Review: This project is exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15315 (four or fewer parcels) in that information contained in the project file and documents incorporated herein by reference demonstrates that: Tentative Parcel Map No. 37791 (PM2019-0005) is consistent with the Community Commercial (CC) General Plan designation and all applicable General Plan policies as well as the applicable zoning designation of Community Commercial (CC); the proposed project site is located within the boundaries of the City of Beaumont; Tentative Parcel Map No. 37791 (PM2019-0005) has no value as habitat for endangered, rare or threatened species; there is no substantial evidence in the record that Tentative Parcel Map No. 37791 (PM2019-0005) will result in significant effects related to traffic, noise, air quality or water quality in that the proposed design incorporates and otherwise is subject to air and water quality resource agency design requirements to avoid harmful effects; and the site is or can be adequately served by all required utilities and public services. As such, the project meets the criteria for application of a Class 15 (Minor Land Divisions) Categorical Exemption under the CEQA Guidelines. Additionally, none of the exceptions provided in CEQA Guidelines Section 15300.2 apply to this project. Incorporated herein by Reference: City of Beaumont General Plan City of Beaumont Zoning Ordinance Project Site’s Riverside Conservation Authority Multi-Species Habitat Conservation Plan Informational Map Contents of City of Beaumont Planning Department Project File PM2019-0005, PW2019-0338, 05-5V-02 and 03-PP-10 Agenda Item No. 5. Page 44 of 201 Fiscal Impact: The proposed subdivision has no financial impact. Recommendation: 1. Hold a Public Hearing, and 2. Approve Tentative Parcel Map No. 37791 (PM2019-0005) for a two-year period, subject to the attached conditions of approval, and 3. Direct staff to prepare a Notice of Exemption for the applicant to record with the County Clerk. City Manager Review: Todd Parton City Manager Attachments: Attachment A - Draft Conditions of Approval Attachment B - Tentative Parcel Map 37791 Attachment C - General Plan Land Use Designation Attachment D - Zoning Map Attachment E - Aerial Photograph Attachment F - Parcel Map 31948 Agenda Item No. 5. Page 45 of 201 Page 46 of 201 CITY OF BEAUMONT PLANNING DEPARTMENT CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 37791 (PM2019-0005) TO SUBDIVIDE 8.93 ACRES INTO TWO (2) PARCELS LOCATED ON THE NORTH SIDE OF FIRST STREET, SOUTH SIDE OF SECOND STREET AND WEST OF COMMERCE WAY AT 1422 EAST FIRST STREET. (APN 419-260-044 & 419-260-054) STANDARD CONDITIONS 1. The following conditions of approval are for TENTATIVE PARCEL MAP NO. 37791 (PM2019-0005). 2. The subdivider shall defend, indemnify, and hold harmless the City of Beaumont, its agents, officers, and employees from any claim, action, or proceeding against the City of Beaumont, its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Beaumont, its advisory agencies, appeal boards, or legislative body concerning TENTATIVE TRACT MAP NO. 37791 and related documents, which action is brought within the time period provided for in California Government Code, Section 66499.37. The City of Beaumont will promptly notify the subdivider of any such claim, action, or proceeding against the City of Beaumont and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Beaumont. 3. The subdivision shall comply with the State of California Subdivision Map Act and to all the pertinent requirements of The Beaumont Municipal Code, unless modified by the conditions listed below. 4. This conditionally approved tentative map will expire two (2) years after the original approval date, unless extended as provided by the Beaumont Municipal Code, the State Subdivision Map Act or by a development agreement. Action on a minor change and/or revised map request will not extend the time limits of the tentative map. Approval of the final map by the City Council is required. CITY COUNCIL APPROVAL DATE: DRAFT Agenda Item No. 5. Page 47 of 201 5. The final map shall be prepared by a licensed land surveyor or registered civil engineer subject to all the requirements of the State of California Subdivision Map Act and The Beaumont Municipal Code. 6. If deemed necessary by the Community Development Director, within ten (10) days of approval by the City Council ten (10) copies of an Amended Per Final Conditions map shall be submitted to and approved by the Community Development Director prior to release of the final conditions of approval. 7. Any subsequent review/approvals required by the conditions of approval, including but not limited to grading, landscaping, plot plan and/or building plan review, shall be reviewed on an hourly basis based on, or such fee as may be in effect at the time of submittal, listed in Ordinance No. 506. 8. The proposed subdivision map is a “financing and conveyance map”. It cannot lead directly to development nor does it require any physical improvements, as the future applications dictate the manner of site development. The function of the map is to simply permit the simplified conveyance of portions of the parcel to individual users, or to separate project elements for financing. AGENCY CONDITIONS 9. The subdivider shall comply with the requirements of the Beaumont Unified School District. 10. The subdivider shall comply with the requirements set forth by the Beaumont Fire Department. 11. The subdivider shall comply with the requirements as set forth by the Beaumont-Cherry Valley Water District. RECORDATION CONDITIONS Prior to the RECORDATION of any final map, all the following conditions shall be satisfied: 12. The subdivider shall submit written clearances to the Public Works Director that all pertinent requirements from the following agencies have been met: City Fire Department City Police Department City Community and Economic Development Department Beaumont Cherry Valley Water District 13. All delinquent property taxes, special taxes and/or any other assessments shall be paid to the Riverside County Tax Collectors Office. Agenda Item No. 5. Page 48 of 201 Conditions of Approval TPM37791 (PM2019-0005) Page 3 14. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the Public Works Director. PUBLIC WORKS Section 1 – General 1.1 The design of public infrastructure elements shall conform to the requirements of the City General Plan, Water Quality Management Plan, City of Beaumont Master Plans, City of Beaumont Standards, Caltrans Standard Specifications and the Standard Specifications for Public Works Construction, current edition, as required by the City Engineer. Grading work outside of road right of way shall conform to the latest edition of California Building Code and the City of Beaumont standards and practices. All existing utilities that will be abandoned shall be removed and called out on plans for removal. 1.2 The following plans and reports, if required, shall be prepared by a competent California licensed civil engineer prior to any site development. All required plans shall be drawn in ink at appropriate scales on mylar sheets as approved by the City Engineer. At approval of the plans, digital copies of the singed/approved shall be given to the City on a CD in PDF format. Upon request of the City, the AutoCAD files for the plans shall also be submitted to the City. 1.3 The developer shall pay all applicable fees relating to the development, at the time of development. Applicable Fees shall consist of but not be limited to improvement plan review fees, construction inspection fees, TUMF fees, sewer connection fees, local development impact fees, and Beaumont Unified School District fees. 1.4 Advisory – Upon development, developer shall submit the following Plans: A. Street Improvement Plans B. Rough Grading and Precise Grading Plans – Rough grading plans shall include erosion/sediment control plans C. Water, Sewer, and Storm Drain Improvement Plans D. Wall and Fence Plans Agenda Item No. 5. Page 49 of 201 Conditions of Approval TPM37791 (PM2019-0005) Page 4 E. Landscape and Irrigation Plans F. Street Lighting Plans G. Storm Water Pollution Prevention Plan shall be prepared and approved by the California State Water Quality Control Board, Santa Ana Region prior to any site grading. H. Water Quality Management Plan 1.5 Final maps shall meet all requirements of the Beaumont Municipal Code, and shall include the following: A. Existing easements and proposed easements within the Tract. Utility easements may be required for City maintenance purposes. Developer shall give City appropriate utility easements. B. All street right-of-way C. All required off-site Right of Way shall be acquired by the developer pursuant to the Subdivision Map Act and the Beaumont Municipal Code and dedicated to the City at no cost. 1.6 The following reports are required: A. A preliminary title report accompanied by copies of all recorded documents cited therein shall be submitted to the City Engineer for review along with the first submittal of the final map for checking. B. A preliminary soils report prepared by a competent California licensed geotechnical engineer or civil engineer skilled in soils/foundation investigations shall be submitted for review to the City Engineer along with the first submittal of grading plans, street improvements plans and /or other improvement plans for review. Within the required soils report special attention shall be directed to the rippability of the proposed road cuts and stability of manufactured slopes. The geotechnical engineer shall determine the setback requirements to support loading without failures in the soil mass. Agenda Item No. 5. Page 50 of 201 Conditions of Approval TPM37791 (PM2019-0005) Page 5 C. Any grading and/or utility excavations and backfilling, both on and off site, shall be done under the continuous direction of a licensed geotechnical/civil engineer who shall obtain all required permits and submit reports on progress and test results to the City Engineer for review and approval as determined by the City. Upon completion of all soils related work, the geotechnical engineer shall submit a final report to the City Engineer for review and approval, which may require additional tests at the expense of the developer. Permits to build structures will not be issued until a report has been submitted by a geotechnical engineer and approved by the City Engineer attesting to the sufficiency of all building pads to sustain proposed foundation loading and graded in compliance with the geotechnical recommendations. D. Advisory – Upon development of Parcel 2 a hydrology/hydraulics report shall be prepared and approved prior to the issuance of a construction permit. Said report shall be based upon methodology which is acceptable to the City Engineer, and shall address the potential 10-year and 100-year storm event impacts of local drainage upon the project as well as downstream impacts resulting from the project, and shall identify the level of responsibility of the project in correcting downstream problems. The report shall be submitted for review to the City Engineer along with the first submittal of Street Plans and/or other improvement plan for review. 1.7 The following Fees are required: A. At the time of first submittal of final map, the developer shall pay to the City of Beaumont all applicable fees based on City requirements. B. At the time of requesting recordation of final map, the developer shall provide securities to guarantee setting final survey monumentation within the tract map. Final monumentation certificates shall be provided by the developer to the City Engineer ensuring monuments were set within the tract map. C. Prior to the issuance of any permits to construct any public improvements, the developer shall pay to the City of Beaumont all applicable fees. D. Prior to the issuance of any permits to construct any public improvements, the developer shall provide securities to guarantee completion of construction and payment of labor and materials in accordance with the Beaumont Municipal Code. Agenda Item No. 5. Page 51 of 201 Conditions of Approval TPM37791 (PM2019-0005) Page 6 Section 2 – Street Improvements 2.1 Advisory – Prior to issuance of any future building permits, any required off-site street improvements shall be approved and developer shall provide securities to guarantee completion of construction and payment of labor and materials in accordance with the Beaumont Municipal Code. Section 3– Sewer Improvements 3.1 Advisory – Prior to issuance of any future building permits, any required off-site street improvements shall be approved and developer shall provide securities to guarantee completion of construction and payment of labor and materials in accordance with the Beaumont Municipal Code. Section 4 – Water Improvements 4.1 Advisory – Any future entitlements and/or developments shall comply with the requirements of the Beaumont Cherry Valley Water District. 4.2 Developer shall be responsible for obtaining potable water and reclaimed water for future development. Section 5 – Storm Drain Improvements 5.1 The stormwater generated within the future development shall be captured into appropriate drainage facilities. The stormwater shall be treated per the requirements of the WQMP. The drainage facilities shall be designed to accommodate a 100-year storm flow event. 5.2 Advisory – Prior to entitlement for any future development and/or building permits, a Hydrology/Hydraulics report shall be submitted to the Public Works department. The report shall include the amount of stormwater flow that is generated for a 10-year and 100- year storm flow event. Drainage areas shall be clearly delineated and show the direction of flow into the appropriate drainage facilities. Section 6 – NPDES and Water Quality 6.1 Advisory – Any future development will require a National Pollutant Discharge Elimination System (NPDES) Construction General Permit for storm water discharges Agenda Item No. 5. Page 52 of 201 Conditions of Approval TPM37791 (PM2019-0005) Page 7 associated with construction activities as directed by the California Water Resources Control Board. 6.2 Advisory – Prior to entitlement for any future development, a preliminary project-specific Water Quality Management Plan (WQMP) shall be submitted to Public Works Department. The WQMP shall be approved prior to the issuance of a grading permit. The WQMP shall incorporate, but not limited to, the following: site design BMP’s, applicable source control BMP’s, treatment control BMP’s, long term operation and maintenance requirements, and inspection and maintenance checklist. Maintenance and funding requirements shall be outlined in the WQMP for the maintenance of the development BMP’s. The post construction Best Management Practices (BMPs) outlined in the approved final project-specific WQMP shall be incorporated in the improvement plans. Section 7 – Onsite Improvements and Grading 7.1 No on-site grading is proposed. No on-site improvements and/or grading on Parcel 2 will be allowed prior to entitlement for any future development. END CONDITIONS Agenda Item No. 5. Page 53 of 201 Page 54 of 201 EXISTING STORAGE FACILITY EXIST.BLDG.P.E.=74.00-75.84EXIST.BLDG. P.E.=74.00-72.45 EXIST.BLDG. P.E.=75.81-73.74 EXIST.BLDG. P.E.=75.39-73.49 EXIST.BLDG. P.E.=75.09-73.19 EXIST.BLDG. P.E.=74.79-72.88 EXIST.BLDG. P.E.=74.19-72.28 EXIST.BLDG. P.E.=74.48-72.58 PARCEL 2 3.645 AC. PARCEL 1 5.281 AC. EAST SECOND STREET VACANT EAST FIRST STREET EXIST.BLDG.SENECCA SPRINGS PKWY. NEW LOT LINE ALONG EAST FACE OF EXIST. 6" BLOCK WALL 419-260-055 VACANT LOT 1 BLK. 18 MB 009/PG 10 PARCEL 2 PM 35266 220/61-64 419-260-058 RETAIL TR. 31520-1 M.B. 392 / 33-43 SINGLE FAMILY RESIDENTIAL TR. 31519-1 M.B. 390 / 27-36 SINGLE FAMILY RESIDENTIAL P.M. 31948 P.M.B 212 / 11-17 P.M. 31948 P.M.B 212 / 11-17 VACANT P.M. 36505 P.M.B 234 / 90-91 VACANT P.M. 35266 P.M.B 220 / 61-64 P.M. 36505 P.M.B 234 / 90-91 VACANT LOT 71 LOT 70 LOT 69 LOT 106 O/S LOT 46 LOT 45 LOT 44 LOT 25LOT 26 LOT 27LOT 28LOT 106 O/S LOT 101 O/S LOT 104 O/S GRAPHIC SCALE: 1 inch = 40 ft. ( IN FEET ) 8040 160020 ENGINEER/PREPARER UTILITY PROVIDERS VICINITY MAP LEGEND ABBREVIATIONS OWNER/DEVELOPER TENTATIVE PARCEL MAP 37791 FIRST STREET STORAGE LEGAL DESCRIPTION GENERAL NOTES BENCHMARK: BY MARK APPR.DATE ENGINEER CITY DESCRIPTION SEAL DESIGN BY: DRAWN BY: CHECKED BY: SCALE: DATE: OF SHEETS 10 30 TENTATIVE PARCEL MAP 37791 IN THE CITY OF BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA FIRST STREET STORAGE AUGUST 2019 FLOOD HAZARD NOTE “” “” EASEMENT NOTES 1 1 ENGINEER'S STATEMENT BASIS OF BEARINGS Agenda Item No. 5.Page 55 of 201 Page 56 of 201 TPM37791 PM2019-0005 General Plan General Plan Rural Residential Single-Family Residential Multi-Family Residential General Commercial Community Commercial Industrial Commercial Industrial Overlay Urban Village Overlay Beaumont Avenue Overlay Public Facilities Recreation and Conservation 7/30/2019 4:15:58 PM 0 0.06 0.120.03 mi 0 0.1 0.20.05 km 1:4,514 City of Beaumont Agenda Item No. 5.Page 57 of 201 Page 58 of 201 TPM37791 PM2019-0005 Zoning Zoning Rural Residential Residential Single-Family Residential Multi-Family Specific Plan Area Commercial General Commercial Community Commercial Manufacturing Manufacturing Beaumont Avenue Overlay Mineral Resource Overlay Public Facilities 7/30/2019 3:46:28 PM 0 0.06 0.120.03 mi 0 0.1 0.20.05 km 1:4,514 City of Beaumont Agenda Item No. 5.Page 59 of 201 Page 60 of 201 TPM37791 PM2019-0005 Aerial Minor Streets Highways/Major Streets Labels City Boundary 7/30/2019 4:18:51 PM 0 0.06 0.120.03 mi 0 0.1 0.20.05 km 1:4,514 City of Beaumont Agenda Item No. 5.Page 61 of 201 Page 62 of 201 zczwmmO1n>xom_.wAkm»N~38>ommmomomm_zAIM0_A<ommM>C§O2._..OOCZAKom.x_<mzm_om.wA>AMO...o>:...oxz_>_u>_u~OM_._<_>_uzo.aim0M_20>mcmo_<_m_oz01>moxzozO..._uOA_>20_.oA~om>§M20M02%OM>nomdoz2..AIMmcmo.<_m_ozO...mmojozZ.An.w..3<5.m.m.m.z_.>mWIOSZ3§>_uoz1__:M_zmooxnu._u>oMAuO?zzum.xmoomomon»_<mmm_omOOCZAK.Qcmomzs.SamEmm<=AIMIME.._O1V_..._.moEmumxv0><omKbhmul.Noon.>Amm.z._zmooxW3.omn>mom_.zzum.>AmsommT3.>4EmmmocmmaonEm03ormmx.Q?ommm>cz_ozA.zo_N_.oAI..2mrooxIAMon>IM20M0§>_u9.:AIMA0220?:mm>czozA»mmxosz04{>002_.._rm_2moox0.u>omm3>20._Ao...z_>um.IMOONU_.OAmI>20N..2mmoox_A>20_.oAI.0.-O02I0OT:mmm.Q...nw»:mmzza?zooocz?o>:momz_>.»zummcwo_<_m_ozommmozoz:.ZW.m;2..m.m.m.:..{>3E.iv>mmxoszm<§>_uO2arm_20002w.n>om._c01zzum.xmoomomomm>zmmmz>mo.zo00:244.o>:momz_>.OoC2A<>mmMwmomlO_.Mmx|mMoOm0Mm>2:rs._._zn>u._cmznz...o+.....>.._xnnouvnu__.&$ain..z..~o2.3.a_.N.9a..znooxun9.D30...<m.§um...8...2.z_o:>mrm_z_oz.?rm.mom»A>_A2.>mmoo_>AMm._zo.msmwE.m§wn_pR320>AMO...mcm<m<”m_m3mz_mmm_88o<<zmm.mmA>Am_<_MzASMIMIMWAmA>AMAI>ASM>xmAIMoszmmw01AIM$20_zoEomo<:AI_2AIMmcmo_<_m_ozmxozzIMNMOZNAI>ASM>mmAIMoz_.«ummmozmSIOMMOOZMMZA_mzmommmz?A0n>mm>o:m>mA_ArMA0w>_0$29AI>AEMnozmmzAA0AIM:>z_zo>20zmooxozoO1AI_mmcmo_<_m_oz2>_u>mmxoszS_AI_2AIM0_mA_2OA_<MmomommCZM.SMIM_.~Mm<0M0_O>AMA0AIMGIJG1um>c¢o.....103also6!}:sins.‘Uwcvsn5.3.342.68:!En.>-31!‘:.04_1n—._?.<m\>02.3!.sale...in>503504umu_n.£mA0:503.401un>=zoz._.m>mnz.uz..m161382S)?ucavonmu.3msszzxmwmoz.Ex»:8»2226.1.>n>.._1oxz.>8...202m+9»?mxhyE.¢>aH.nm_zAz>zmU$19..E..m4i...A_um_zAz>:m“n.r2+a£.nxiwA_A_.MnSonxRuio..4A_A_.MH>34.W0305:.1=.mAuun>cz§s.Ch.>n>..=€xz.>E§_.Auvr_>¢_r:.(n3.1>z<WA“P13..,“Ex?.r..:§S.122...23$”.1Ti!)h..lFT5309»._..._.F?u ._o>zzmm.m>..m Mm.IM>_.M.>mAICMAMM01AIM L>z2M0.IM>_rM_r_<_20A_»cwA0>AMO nmmxcz?NI.aoo ZO._.>_?<>O_AZO<<_:mUO—$mZA mA>AMOMO>_:=..O 8:2?on mo ozmmmommzm.9: ncmco.vmmmoz>:.<>uum>»moI 0DC.R60 ummmozz?220.22AOIMA .§0AommEmvmmmozizxommz>z_m@ .m§xmmcmmoammoAoEm§E_z_zmEczmzA>zo>oxzo§.moomoA0z_mAI>A :m1a1n\Em<mxmo?moEmm>z_m_z:ax3mn\Em_m>cEom_Nmoo>u>n_jA.mm0. >zoAI>Am4_...mx1nz\Em_mw_oz>Emm@ozEm_zwEc:mzAEmnmmmoz?v.omEmmzzicvozmmx>:..o...2:51Emnmxwoz?mv>28.mxmoimoEm _zm._.x::mzA snzmmmIAI>20H .ht?xx 20A>_~<cmzo_2>2010.»manmA>AM x-innN.um?mn 3.242>IM 5nm_zo__u>rncamonmcm_zmmm_m_z9.1\D853 5ooz_z__mm_ozmxn_mmm zOA>_»<>oxzo<<_.mooz_mzA mdqmono>:monz_>TmoOC2A<O?| ..mmnoxm2M. : 2OA>w< ucm?o.nmmmz>E.<>.u_uM>.~M0. ummwoz>_.QxzoizAoEMAox_£o<moAo{Moz AIMm>m_monm>:mm>oAox<M<_0Mz0MVA00MAIMVMIMOZAWVsxommz>:mAwv _m\>mmmcmmnammoA0AIMi_AI_2_2wAmC:M2A>20>oxzos_.moomoA0ZMAI>A IM\mIM\AIM<MxMnCAMOAIMm>zm_2:_w\:mx\Em_m>CAIOm_NMOo>n>o_3_m$. >20AI>Am<:_w\:mm\Em_xm_oz>Emm@02AIM_zmEc:mzAAIMnmxmoz?v. omAIMMZAIAKcnozmm:>_.mOMsxazAIMummmoznmv>oAMO.mxmocAmoAIM _2wAmC2M2A. szzmwmI/AI>z0_ 220momw>_0mA>AM nm.zAz>z_m 5nm_zn=u>_.n_.>omonmcmzmmm5,2RyHDD@.nOOCZAA 3ooz_z=mm_ozmxu?mm zoA>m<>ox,zo<<_._moo_smzA mA>._.Monn;.L1u>.S_¢mmoocziomx.<n)!uM ozgammaNW3».wmmommgm‘232% new:.vmmwo2.2>Eum>mmoLn>ammunhbrh vmxwoz>_.QxzozzA0{M8m_uxo<moAoZMoz AIMw>m_mO1w>:mm>oAox<m<_omzomVA0mmAIMnmxmoz?vsxommz>z_mAmv _m\>xmmcmmoammoA0AIM§AI_2_zmAxcz_mzA>20ExzozrmaomoA0KMAI>A IM\mIM\._.IM<mxmo?moAIMm>z_m_2:_m\xmm\Em_x>cAIOm_NMOo>.u>n:,A_mmV. >20AI>A04.x_m\xmz\Em_xm_oz>EmmGvozAIM_zmEcz_mzAAIMVMIMOZAMV.onAIMM2A_A<C002mmxzmonE8:AIMnmmmoz?v>oAMO.MXMOCAMOAIM _zmEc:mzA. snzmmmIAI>z0u 20A)><Au_o_2>20momm>_0mA>AM -Lw?w?sl- EZAz>zm 5v&zo_u>rv_.>omommcezmmm_m.2Tcmnmtd‘ st ooczi 5oo§_mw_ozmxgmmm32.2%;NKRSA >m>zooz_<_mzAZOAMH _uczmc>zAA0mmozozma3+Gv>20mmt......~oxonAIMmcm_o_<_m_ozz_>u >oA.AIM3.1.20onAI_m{>0nozmA_AcAMm>m>zoozzmzAonAI>A.uomA_oz omxM2_>><mz:m<=AI_zAI_wI>_u. mcwc.<_m_ozoC>m>2AMMnm_xmA>z_mx.o»zA_ArM_zmcx>zomooz_n>z<mcm<m<om_mmA>Am_sMZAH_IM_~M0<mA>._.MA1>A_>1>comzmmo_.>20mcm<m<omOMAIMmA>AMO10>_r=u0»2_>>20AI>AAI_mz_>n.nozm_mA_zoommyA3mIMMAw.oom_~moA_.<mmnmmmmza>mcm<m«!>0MczomxIAmcumn<_m_oz0:320MMUAMIIMIem88AI>A>_.mzozczmz?mxoszxmmmoz>oAc>F<Mx_mA>20AIM.muomaozm>mmoommmnA_.<mxoszon<=_._rmmwMA_2>ooomo>znm<<_AIAIMAmmzm01AIMKOZCIMZA>mmMM§MzAmomAIM{>3AIMgozczmzaSPOmmmc.?o_mzAAOmz>mrmAIMm:m<m<AOmmmmz?nmo..Em...=..<n<5All)2Unozurnan>h02922._u>AMOuEFF.moon.i_OI>M_.w_2.§<EOMZMMmxuzmw.Ezmmo.88W,O_._.<mzo_zmmm_mmA>Amz_mzAK_xmmmm<mA>AMA:>A~I><Mmx>z__zmoAIM<<_AI_22>_u"AI>AAIMmcmo_<_m_oz>wmxoszIMWMOZ_wwcmwA>zA_>EAIMm>:m>m_A>n_uM>mM002AIMAMzA>A=\M2%O1A?mnmr:2“Scam.xmsmmo20.Im<AIMmm>c:ozAQ?ooczeroz|.moo>20>z«>_u_u_.~O<M0>_.AMm>A_O2AIMNMOF AI>A>C:E8<_m_ozmomAIMmcmo_<_m_oz{>1>oA>2001A_A.rM._m01AIMwm>cz_ozA§C2_0.1>_.000M >_u_u_._o>mrm>AAIMAim0...>Eumo<>r01AIMAMZA>A_<MzzuI><Mmmmzooz__u_._mo<:AI"AI>A_>2 m>A_m3moAI>AAIMz>_u_mAMoIz_n>E..<nommmndAI>AAIMn_.>zmmomAIMom>_zm.ux>_z>omzomxw>20 wmimmmmc_..n_n_mEA0VIOAMOA>_.r_.oAm_ZAIMwcmo_<_w_oz38:_..rooomI><Mmmmz>unmo<mouAI>A> OO§?_.MAMmMAomEzmmomAIMoozmEcnA_oz01>_._.mmocimo_z_mmo<mz_mzAm_..>mwmmz..u__1M0S_AI AIMoozzcziom<m5_uz_mzA0M_u>mAZM2A>20AI>AAIMm>z_mI><MmmmzOIMOXMU>20>E£o<mo“>20 AI>A>Ey_:E8<m;mzAmI><Mmmmznoznr?mo_2>ooomo>zom<<_AIAIM>?E~O<M0nr>zmonAI>AAIM mcmo_<_ommI>mmzmmmo.2AO>ommmz_mzAS_AIAIMo_A<O1mM>C§O2Aoo<mx_zonoz_n:..:_._ozon2% _z=umo<m:mza>20%mo__2_zoAIMA.:Mmomoo:3m_._znAIMm>§M. momommw?zoom.;z_.mom.mat O_A<mzezmmwn_A<onmm>cz_ozA o>Amo“m;1.39‘/\.om. omzzas.%zo>.\Ir.m.3% E0mxusmm_~\..:\o$ wm>c§ozAo_A<OOCZOFommA_m_o>AmH_ xmxmm<omxz?=5Emz_>u5mvmmmmzqmomom>Eumo<>rAoEmQ?onwm>czozA>A> mmoc_.>mzmmuzoEmmmom_._m_.oozEmE0><omlL._.r.PnrlI:¢.Noo.._>zoA:>AEmxmSuez m>_oooczo__.as.2>2omommcc?Emmmo»zomzAmmmo.>unmo<mom>_ogzu>zoas>oom3oz mm:>rnomEmucmzo.m:m._mnAAo=%mo<mz_mzAm”Emomo_o>A_ozmom?xm?>zoncmcocA_:A< ncxuommm.Ea.».Emoco:..n.._zoEm_<m.xzu>3!z._..umo:26::2.22wczvcnum. .6E822xmxnoz. U)AMU”AWEmm.Noam. A>XooFmoA%.mOMmA=n_O>AMH_ Immmmzom?j:3>noomo_zoA0EmxmoomomomE_momnom.>monE_w0>AM.Emxm>mmzo cmzm>o>_zmAEmEovmmimxoszozEms_E_z:2»nowczuzomA>AM.ooczi.:cz_o_u>_..om _.oo>_.Exmmox%mo_>r>mmmmmz_mzAwoocm?mo>mExmm.mxnm_uAExmmomm_umo_>_.mmmmzmz? oo.._.moAmo>mExmm292>_._mz9:20AANAu><>m_.m.2:6:_wmmA_z_>Amo8mm.0. o>AmPP _ I.Sou.n>c_.IOOOZZMF oocziA>xOOCMOAOI 0%RH’. 0M_u A>x0020m::mz_mzA_ xmmmm<omE_m<Ax>A>0020_2AIMmc:om960I>w0MMZmxmocAmo>20_.._rmo<:AI AIMmo?sonm%mz<_momm9..AIM0Oc2A<O...m_<m»m_om.o>:nomz_>.nozoaozmocnozAIMv><:M2A O...>_:_.A>xMm.wA>AM.nOC2._.<.2C2_O=u>_..oz_.on>r>20>_.mmnmosm>mmmmmzmzAmoo_._.mnAmo>w A>xMm.<<I_oI>AAIMA_:MonnczoonAI_w5%£_AIAIMOOCZAAxmnoxomm>mm>EM2>O>_zwAm>_o vmonmm?9:20A<MAn>§mrm.>20m>_00020I>mmmmz0::.%uno<mom<m>_0wozson mc_umx<_womw. 0>AMOuwlII.Noam. Z>ZO<mozmmo ormmxOWAIMmoi.omm%mx<_monm o>mxA>xmozo u>c_.z_ooozzmF oocziA>xoo_:_-MOAOI 0%”mf smug: m_mz>Acmmoz__mm.ozH ucmmc>zAAoAIM_.8<_m_ozmomAIMmcmo.<_m_oz{>0>OA.mmoA_ozmm32axux>vAIMmo:.os_zo m_oz>EmmmI><MmmmzOZZIAMDH AIMw_nz>Acmmommm>c:ozA{>20>20<<>AMmOO:_u>2<.xoromm01>2M>wM§M2AmomEVM_._zmm>20 _ZO_0M2A>_uucmuommm.mmoomomo>_um__.m._o:>m_zmEcz_mzA20.>0.onm_o.>rmmoomom. AIMm_oz>.Emm01mocEmmzo>_._momzso>mooz_n>z<>20mocEmmzooczzmmo>mooz_n>z<om o>_._momz_>.xorommm01>2M>mM:M2Amomn__um:zmm>20_zo_0M2A>rvcmvowmm.mmoomomo:2N? I©I.A_2mooxmow3mm2!.OT.1.0_>_yxmoomom. AIMm_oz>ExmommocEmmzo>:momz.>o>moozu>z<>20mocEmxznoczdmmo>moo:n>z<on o>:nomz_>.xoromzmom>2M>mM§M2Amom3.1.3§.E=B.__zo_omzA>rvcmnommm.xmnomomoOOAOGMNNu. _w5A>w_zmEczmzAzo_moi.o¥._o_>rmmoomom. AIMm_oz3%mom8cEmmzo>:_..omz_>o>m0O§.u>2<.xorommom>2M>wM§M2AmowEumczmm>20 _ZO_0M2A>rncmnommwmmooxomo§zc»m<m.53_2mooxmmm.n>omm».onm_o_>rmmoomow. AIMw_oz>A%mom8cEmmzw>o_m_ovim_..zmm..20::o_.omm01>2M>mM§M2AmomEumczmm>20 _20_0MZA>_.ucmuommm.mmooxomo>cocmA.0.sum_zmoox33.Ram«mm.O.u_u_0_>_yxmoomom. AIMm_oz>_.%monA8»noxzmzmEIM_._zmooz_u>z<.xorommOW>2M>mMZM2Amomvimczmm>20 _Z0_0M2A>_rucmuommwxmoomomoooAommm0.8.3.2mooxBoo._u>OM_©A.omn_o_>rnmnomom. AIMmaz?cmmomAIMQAAommm>cz_ozA.xoromm0...>2M>mM§M2Amomm>z.A>m<mmsmm>20 _20_0M2A>..ucmvommm.mmoomomoLC:mm:Em»>m_2mA_.~C§M2A20.$33.O_.u1_0_>_rmmoomom. AIMm_oz>Exmomomzmx>rAmrmuxozmoo:n>z<omo>:mozz_>.xoromm01>2m>mmz_mzAmom_uO_.M CZMW>20_zo_omzSncm_uommm_xmoomomoomomzmmmN.EMA>w_2mA_.~C§MzA20.ufm>>.om.m_o_>r mmnomom. AIMm_o2>AcmmommocEmmzo>r_...oxz_>mgmozno:n>z<.xoromxOM>2M>wM:M2A10.»o_mE_wcA_zo m_.moE.o>rmzmmoz>20momE>zmz_.:._zo_zAm_._._omzom04mrmoE_o>_.z_m>zm>20_zo_omzA>rncmnowmm. IMOOIUMDmmmmcz?fBum>m_zmEczmzA20.?owsommaimmmoomow. AIMm_oz>:..mmommocEmxzo>_._moxz_>mo_mozoozmizsxoromm01>2M>mMIM2Amom_uO_rMczmm. nozocnmomczommnmoczom>o_:A_mm>20_zo_omzA>rncmvommm.mmooxomo._cr<IN..000>m _ZmA_~C!M2Azo.332.omm_n_>_.mmnomom. AIMm_oz>Emmomz__.:>:mno::cz_n>A_ozm._zn..0\m\>_2o>_._momz_>>m52x._zo..>om_.>s>mm nom_uom>A_oz.xorommon>2M>mMZM2AmomAIME>zmz__mm_ozO10>A>omoozzEz_o>A_ozmmom>20 3oEmmm:82>20>mozn>U=uM_r_2MIOCAM>20_zo.omzA>_.ucxnommm.mmoonomo>cocwAIm.88 >m_zmEc:mzqzo.Noooxrmmmu.O3.v_0_>_.mmoomom. ZOAm..mmmm:mmANmom>U0_A_O2>Foézmxwm_oz>.:_xm >20ZoA>N4A>nxz9zrmcozmzA Agenda Item No. 5.Page 63 of 201 zciwmmO_u_u>m0m_uwuA_zAIMQAKOMmm>cz_ozA.OOCZ?OWm_<mmm_om_mA>AMOMo>_._...omz_>MIMWANO_.\A_u>mom_._<_>_u20.395wmzo>mcwo_<_w_ozOM>3352om_.OA_>20_-OANOM>:mzumo{>0on>nonaozonAIMmcmc.<_m_ozonmmnjozZ.A.um;N;E;w.m.m.z.>mMIOSZm<I>toz3_rM_zmooxNu._u>omAM.OHzzum.xmoomomO?m_<mmm_omooczi.o>_.=..omz_>AOONAIMIS_AI_.OA_._zwroox._Amon>z_mzumc12...onAIMA02201mM>CIOZ.A>mmxoszm<!>_uoz_u=.M_Zmooxm.Eomm3>203onzzum.xmoomumOMm>zmmmz>mo_zoOOCZAK.o>..=..omz_>.>z0rowI>20N._zmroox.A>z0_rOAI.mronx30...AIMmcmo_<_m_ozO?mmojoz3‘AUm..P.ism.m‘m.:,.>mmxosz32%ozarm_zmooxo.RamIoon53.mmoomomO1m>zmmmz>wo_zo8:22.o>:Aoxz_>>20_roAczm>0.Ew.A:MZA&o>I_:_.>|.Zmmoomomozo<m:mmxm.N00;5_zm:~c:mzA20.~oo¢uomm:§.o.m..mmoomow01wasx_<mmm_omoOCZ._.<z_o_..>mrm_zoz._u.rm.mom»A>_Amm>mmO0_>AMm..20.0>AMO_umcm<m<ummnamzmmm.mooummzmo>mnazomz<mmA:Ano;>n>:nomz_>oomuom>A_ozzOA>D<>OxzO<<_.m00_smzA%_\mdsmonn>:womz_>«mmV»)rooczionEH3»W4“W4...oz.mmnommgm.$.24z>:m.DkuotPF0\0<Pux_zAz>:m.$05.0m.u.1_o0h.._..cm_._o.ummmozE.<>u_um>mmo35\s0.1.L6>+35uMy$n.\.3..0S.o6.®¢u.\at.*EFFE_ummmoz>_.§xzozzAo{MAvA0mmAIMummmoz?mvZIOMMz>:m@I\>mmmcmwoammaA0AIMi_AI_z_zw£c:mzA>20?xzosrmoomoA0zmAI>A&vK\AIm<MXMOCAMUAIMm>:m_z__5\i\AIm=.~>S:ox_~mcn>m>o_.3_mmV.>20AI>A3iQ\rl\AIM_mm_oz>Acmm@ozAIM.zm._.mczmzAAIMvmmmoz?mv.onAIMMz.:A<Euozmmxzrnon£I_OIAIMumxwoz?mv>oAMO.MXMOCAMUAIM_zmAmczmzA. szzmmm{A+329 3ucmco_z>20mommacwA>._.M _uz.zA23% 5_um_zo__u>..viomonmcmimwm_m_zO?mwn8:21 5ooz_:_mm_ozmxuimwEE Noc>m>zim>zx.>nmom»?w><_zomm>zx.mmzmn_n_>m<czommzOA>m<>oxzO<s.m0oz_mzA >ammoonAmc?mmnomcmozo<m:mmmw.No?»m_zwAmc:mzAzo.nooanowmnjomdamono>r_nomz_>mm8:21onE oz\N-Nu»0~\.mmnoxmgm.h.W&k>\NN23»? vcmco.nm»moz>rQ>3»mo.N.DbNNNNNMN 3.mx/1 n_A_.m.z>:w.Q.0>..\rhuQ.,.._n.n__._mA.2:5Vummmoz>_.§xzozz8gmogmoz 0n02.oP<50.1dr;F>®_ AIMm>m_monm>A_mn>n3§msomzomv3mmAIMnmxmoz?vzxommz>:m@ _m%>»mmcmmoammo3AIMs::_z.2zmzq>zo»oxzos_.moomoA0zm2: Im\AIM<oc?cAIMw>:m _ \xmm\A:m_m>CAIO_.~_NMOo>_u>o_3_mwV. AI>AWA:mm\:._m_mm_az>Emm@ozAIM_zmAmczmzqAIMvmmmoz?v.onAIMmz:uozmm:>rnOM£1.01AIMnmmmoz?v>99.MXMOCAMUAIM .zmAmczmzA, sqzmwmI/AI>20u UCWEO_z>20momw>_0mA>AM ..\..u.kh>.mN _um_2Az>zm 5.£_zo_u>_..u_.>omonmcmzmmw_m.z>\SW8ooczi 5ooz:_mm_ozmxvimmVI\b.6 ZOA>_.2.<>oxzo<<_.moo_<_m2A u<_zm<>mom>zx.mmzm3n_>m<czamm>ammoonAICMAmdamo...a0x2.)Tmxmooxomuo?ommmm.8?>m_zw.Sc:mzAzo.Noiuom?amooczion ozmmmommgm.23>?KWvcmcn._...mmmoz>F<»E.m>mmo m193 n.5z>zmWars\b\}Muazazim ?rm.3.5. nmmmoz>.._.<xzozz8gmBxnmo<mo3gmoz.Whxxnk.tho.l-?R¢h\\... AIMm>m_monm>A_mn>oAo3.msomznmv3mmAIMnmxmoz?vsxommz>:m@ _m\>mmmcmmoammoAOAIM2.3.2_zm:~czmzA>20»oxzos_.muomoAc{MAI>A Im\wIM\AIM<MXMOCAMUAIMm>§M_zx_m\xmm>:m_m>c:..oz_Nmuo>.u>o_3_mmv. >20AI>A0<I_w\IMm\AIM_mm_oz>Emm@ozAIM_zm£c:mzAAIMummmozmv. onAIMMzA_A<cnozmmx>rmon21.0:AIMnmxmoz?v>oAMPMXMOCAMUAIM _zm:~c:mzA. snzmmm:4$29 .524z>zm :4E~_zo_n>_.vinmonmcmzmmm_m_znocz? {A8::_mm_ozmxu.xm Agenda Item No. 5.Page 64 of 201 NUMBER 0,:PARCELS.4 IN THE CITY OF BEAUMONT,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA PARCEL MAP NO.31948 BEINC A SUBDIVISION OF A PORTION OF LOT 1 AND LOT 2 OF AMENDED MAP OF A PORTION OF THE SUBDIVISIONOF SECTION 11,T3 S.,R.1 W.,S.B.B.M. AS SHOWN BY MAP ON FILE IN BOOK 23,PACE 73 OF MAPS, RECORDS OF RIVERSIDE COUNTY,CALIFORNIA,TOCETHER WITHMONUMENTATIONNOTESLOT1.IN BLOCK 176 OF AMENDEDMAP OF THE TOWN OF BEAUMONTAs SHOWN BY MAP ON FILE IN——'"’j**”—BOOK 5,PAGES 16 AND 17 OF MAPS,RECORDS OF SAN BERNARDINOCOUNTY,CALIFORNIA.AND INDMTES FOUND MONUMENT As NOTED LOTS 1 AND 2,IN BLOCK 17 AND LOT 1,BLOCK 18 OF THE SUBDNISION OF SECTION 11,T:S..R.1 w.,S.B.B.M..AS SHOWN BY MAP ON FILE IN BOOK 9,PAGE 10 OF MAPS,RECORDS OF SAN BERNARDINO COUNTY,CALIFORNIASET2”IRON PIPE TAGGED 'P.L.S.§034'OR AND LOT LINE ADJUSTMENT #O4—LLA—I1RECORDED NOVEMBER 5,2004 AS INSTRUMENT NO.2004-0879172,0.R.,LEAD A:TACK TAGGED "P.L.S.6034 OR RECORDS OF SAID RIVERSIDE COUNTY GEAR SW5 "‘WASHER TAGGED "P""5'6034"’MICHAEL SIMON P.L.S.6034 TAIT &ASSOCIATES INCFORALLBOUNDARYCORNERS-I - SET 1'IRON PIPE TAOOED 'P.L.S.SO34’OR DATE OF SURVEY’SEPTEMBER’2003 3:‘;‘g,,,T,:§';‘c,‘;§E,‘;R"*;;§;E§°9;[_gR6034,RECORD MAP REFERENCE DEED REFERENCE IN YFORALLPARCELCORNERS(xx')INDICATES Rgcono AND MEASURED DATA PER TRM:T 25017-1 <XX'>INSTRUMENTNO.067673 RECORDED FEBRUARY 28,1997,ME " __,_,a__OFFICIALRECORDS.”°''°5°“SET I IRON PIPE TACCED P.L.S.6034,DOWN 0.4,.”'85‘/7'72 AT ALL CENTERUNE POINTS OF CONTROL [xx]INDICATESRECORD AND MEASUREDDATA PER R.s.71 /as(‘N FEET I {XX}INDICATES RECORD AND MEASUREDDATA PER PARCEL MAP 23921,BAS|S OF BEARINGSIINCH-300'-'EET NOTE MB.159/53-71 T-T XXI ‘I THE BEARINGS SHOWN HEREON ARE BASED ON THEPARCEL1orR.S.5o/18-19 IS councuous OWNERSHIP “))'"°'°"E5 RE°°”°'”°"E‘s”RE°W‘F""B 9/” BEARING oF SECOND STREET BEING NORTH a9'54's4”AT THE TIME op RECORDINGor ms MAP,[[xx']]INDICATES RECORD AND MEASURED DATA PER RS.5o/1B—19 WEST PER TRACT 28017-1.M.B.254/71-72,IN THE FD’BOLT at WASHER IN CITY OF BEAUMONT,COUNTY OF RIVERSIDE,STATE OFWELLMONUMENT,DN.O.a’,CALIFORNIANOREFERENCE. PENNSYLVANIA -‘—— »— _SOUTHERNPACIFIC‘—-——(Na7'52'55'W)—~%. ‘ Na753‘OO'W .’_' ' —FD.2"IP TACCED -4275'“(‘Z7517’)(‘Z7535’)L.s.5035.FLUSH.. PER TRACT 250I7vI, ME 254 7I-72 & R S 71/3.HELD 773.I:’—_‘ PARCEL 2PARCEL1 S -~REMAINDERPARCEL’I§=f§,2o“}’;°17 PER TRACT 23017-1 L-86.27’M.B.254/71-72(R&M PER <XX>)<' N12'52'51'W 50.00‘ A/I F“FD.1"LP.TACCED LS.4625,FLUSH. PER TRACT 2B017~1, MB.254/71-72 31 REMAINDERPARCEL PER TRACT 28017-1 M.B.254/71—72 3004.20'555.52 F 1559AVENUE Izwms-26-EW;‘’PARCEL 4 PARCEL 3 x'_‘_.(RIIIMP_ER_<xx>).1 (,,39-54-34-,,).'L(1g’53g9_W_514§8 _,395434W 516.00 ,N89'S4'34"W 997.54'(997.s2){997.s7'. ‘Ngqwswyw 3900' __Lo.[.A.______Q__ A _ i 7 ‘-551.35’551.39'446.23 \_(R&MPER <XX>T FD 2'IP.TACCED LS.3035.‘ DN 1.0‘PER TRACT 250174. MB 254/71—7281 AVENUEIWHITNEYPLACEI-0,,[\(NO0’04'40'E)TAII .1''LP.TAGGED ..A628,DN.02'..I V _R TRACT 23017-1, A,\M\IU,~.~,I ~:., I ».,,-I -B.254/71-72,HELD. REMAINDERPARCEL . PER TRACT 2aO17-1 :- __ MB.254/71-72 (NB9"I6 29 E) I Li?‘,TI‘1’\I 2' II 2 4 I I 1 /FD.I"I.P.TACCED, /1 L.S.4525,DN.O3, PER TRACT 28017-1, MB 254/71—72 -LoT"c'STREET ‘ — » ‘°“ I I ,,,S,E,<,I,,,,sSHEET 4 I SHEET 5 “L.S 4215.FLUSH,‘. PER TRACT 28017-1,, M B.254/7l—72 Q E E I 6 Ma.254/71-72,HELD ‘‘‘~- I ‘1’\A BEAUMONT LAND AND WATER COMPANYEASEMENT FOR PIPE UNES I *A CITY OF BEAUMONT EASEMENT FOR SANITARY SEWER AND ‘’\_'/AND INCIDENTALPURPOSES.RECORDEDAPRIL 5,1911 As INSTRUMENT ,7 INCIDENTALPURPOSES,RECORDEDJULY 25,1934 AS REMINDER PARCEL I NO.46,OFFICIALRECORDS.INSTRUMENT NO.160767.OFFICIALRECORDS. PER TRACT 28017-1 .V -A SOUTHERNCAUFORNIAGAS COMPANY AND SOUTHERN COUNTIESGAS I "«_M.B.254/71-72 \V ‘ /COMPANY OF CALIFORNIA EASEMENT FOR PIPEUNES AND INCIDENTAL (5 ' A GENERAL TELEPHONECOMPANY OF CALIFORNIA EASEAENTFOR /POLE LINES AND INCIDENTALPURPOSES,RECORDED DECEMBERSESPOSES,RECORDEDMAY 24.1947 IN BOOK B37,PAGE 151,OFFICIA E 2,1957 As WSTRUMENT No‘‘V1544.OFFICIAL RECORDS. \A SOUTHERN CALIFORNIAOAS COMPANYANDSOUTHERNCOUNTIESCAS ‘>A SOUTIIERNCAUFORNIA EDISON CWPANY EASENENTFOR 1 COMPANYOF CAUFORNIAEASEMENT FOR rIJIucIm.rms.,IINCIDENTAL xg 'DISTRIWTINGELECTRICALENERGYAND 70*TRANSMITTING P RP ,RECORDED OC 25,1947 As INSTR ENT NO.7 , ' IN'rEI.I.ICENCEBY ELECTRICALMEANSAND INCIDENTALogFIcaTE5RECORDs.Tow?W 3°4 PURPOSES,RECORDEDFEBRUARY4,1951:AS INSTRUMENT NO.31097.OFFICIALRECORDS. \A SOUTHERN CAUFORNIA GAS COMPANYUSEMENT FOR PIPELINESANDMII'1 I T INCIDENTAL PURPOSES.RECORDEDJANUARY 6.1946 IN BOOK 558.‘SOWHERN °”"F°R""Emso"C°"P""D‘5E”E"T 7°" ——PAGE M OFFICN RECORDS.,I POLE LINES,CONDUTTS OR UNDERCROUNDFACILITIESAND INCIDENTALPURPOSES,RECORDEDJULY 12,1990 AS 2-LP’TAGGED FD NHL 3‘MG ‘N CONC A SOUTHERNPACIFIC PIPE UNES,INC.EASEMENTFOR PIPELINES AND ‘”5"“’"E”I "°-25753“°""'°"L RECORDS‘ 3035.UP O3‘PER ,1,3550 ,__5_1433 pm \,INCIDENTALPURPOSES.RECORDEDAUGUST 161 1955 IN BOOK I731,\A WILLIAMSCOMMUNICATIONS,INC.,D/B/AIN CALIFORNIAAS50/18-19.HELD 1'RA(}';1287(%17—g,DM.B.&/7 PAGE 368.OFFICIAL RECORDS,37/‘£9 INC,,A DEAWARECORPORATIOMHDSEMENTFORTHEOTEZ547-H L ~A FOUR CORNERS PIPE UNE COMPANY HSEMENT FOR PIPE LINES AND NSMISSION 0 DATA OR COMMUNICAONS FOR AND BY H RS (585 36_)-/INCIDENTALPURPOSES,RECORDED OCTOBER 9,1957 IN BOOK 2l60,UPON AND ALONGA PIPELINE ROUTE AND INCIDENTALPURPOSES,54%71_725‘(\NB9_°9,03_w- ’ 1 PAGE 197,OFFICIAL RECORDS.RECORDEDAUGUST I5,2000 AS INSTRUMENTN0.2000—319527,9OFFICIALRECORDS I‘ma 59/...,.5 HELD.N863034 W 5255.59 (5255.5a')' REMAINDERPARCELPERTRACT2aO17—1MB.254/71-724—4—L0T 'E"~&44I»-COMMERCE WAY(N00‘05'5s'E)?°2"§.51°'E——II.se'5‘—————r_2‘_5-9.5E-2-_____I£4i9_°‘_'C_v2_i<;E>_?PENNSYLVANIAIII; E E __,__L E1245.17’1246.02‘NoO'o4'55'EHIGHLAND_' V E :____TJTI_T2."-'1'-(NOOO4'34'E)NOO‘O4'3 1’.1—I/4”|.P.TACCED .E.14314 DN.0.5‘. TRACT 23017/1, (N88‘3O'J6'W)Agenda Item No. 5.Page 65 of 201 zczmmmO?wpmomrmnAkm»N~83>oxmmoxowm_zAimO:<O...mm>czoz«.OOCZQO_nm_<mmm_om.mdamono>:nomz_>_u>mom_._<_>_uZO.395mmzn>mcmc_<_m_ozon>uomjozo..._uO.—¢>26_.O._.Nonimzcmo5%on>$024.020%AIMmcmo_<_m_ozQ.‘mmozoz:.an.m..N;i:w.m.m.:.mooxa.35mm3>203O158.mmoomomonm>zw>wmxosz322..ozarm_2moo;Nu.wzwm«u0...zzum.xmnomomonm_<mmm.om00:21.QF_womz_>.Somimw<=._.Ir3_._zwroox3monEmzomc:>u01._.IM3:2O?mm>c:o5>mMIOSZm4{RuO2n=.M_zro._.w.>20M..2mroox3>20_.o«_.>mMIOSZ3{Znozm__.m.2mooxw.“gm.0onxzum.wmooxomOWw>zmmroox301._.Immcmo.<_m.ozO1mmodoz.3.m:m_..4AO_ummz>mo_zo00:27?oEmozz_>.>25?um.N;1..m.m.w.:..mxz>xo_zoDOCZQ.o>:...o»z_>>20V04_._zm>Ecw2mz4‘o+I.._.>IImmooxomczo<m:mmmu.no?>m.zm_.xc:mzaZ0.Noopuoaumim.oh;mmooxom01wasx_<mxm_om00:2135.3.Saga:z_o:>m_.mioz.?rm.8%ImIoSI._ImwzWU>:mO...mcm<m<”mmnamzwmm.moo...mum._m.3+8.I9mm.0z3.m....oo.s$1-$N.......m.iuuuqéT?wm?424w>mwoo_Zmm._zo.Iwe26%-A_znm?V_.201N15nmmqIuwa.2Gm.m3V mmmmxmmaNmom m>m_mO_uwm>_»_zom_ mmoomo_s>_ummnmmmzom. ammommmmmmzomw mmzzzomm_u>momr.,. mma328m>:oz nmm3»?$97: zm~m»\:IS um»:33N83:.. gm.Nmijnd. x 39%.H88.8.,II2?czm_.3.onEmzomo:%ow>u.oiIonEmmcmo_sm_ozonmmn.:_Em.3s.__omm;mp...T.nIu2.8M843ERWWWMm»pmu3.1.$4mm?.2MN...,mMun;rMawW.OC_...~<ma>w_.m E5TI III+III.IIIIIII: xmm.m.m,.8%_IoP;I....I:.._,mI cpn , 5 Y 9 I .ou.8.8..-:.8.oo. WIR : ..B..S..~._.M.I.@@w. IIIIA.r _ 8 Iomdtom.N18.8..:38.J, :3>0IzmIuMw.V..IzIou.+.q..~m..,.M.._Im....w.om.I,.II..~o.~..wm 93_t8.e.._......,..+.._W€o.“F....4. 6E..,., . 8 .8.$.8..G88.Sum....W. . r.IIII. .IIr..I..II,IIIIII Tm. . _.U>W8O»om_.M2.2..2.2..".M..,.:..s.onLIEH.I_ EmI.,.> ...u EM,7.5.8.3 HN,7». _gmm5 I 2 SI G2WH E.1 EM .,..E Sm.mH .)myS Nm . ..AN.E WmH ...._.. om4>_r._U..s /\ . I .. I z3.uu.oo.sQ58.I,Izm+.~w.>m.m~92IwfammoImmxc893.298mo>rm I?23.3%.:2:9. _W~ww.wm_.m.ummzzzommPymomr ,w.v.>n;._o.u.m. 1mcm»£2:803$ H.W_.m$E _u>IOmrwgm.mmxxjaum w.5 ..No»>0 .5.45#.5.m_u>_.».m,w_.WW.z8.om.mm.m .. «I.2...mwxwag.wm18mm6m.sw N .zmwwm_%+.sNS>5..Iz..o.,:.:.m$55onmmzazoe A .\..Izt..w...,...».s>mHm%m.m_%%.w.\wg?fzmcdga?sSwim.Gmgoi ,.$3..d.8.‘f.8.IxIru_8.~.m. I ,.I...zmw.m3...s3».. _ Itmxmjzo I258mmm8.2ommnozomm? /zad??m$5.I8.3.w5L,} I>»~.,8..:.\$38.I I I88.8.1._.,I6:xm.I\%I.II I .u . IIz8.w+.u+.sNmounu.Smomn?wI .wI I>n:.$.i.o_ mu..u8.o4.9./IImmau.8.u~.s2auobo ,.. I...If..I./I>n8.~_.8. _ ., mmmc3»...0...23..- \.3.3 T58. ozwxmmau2%M12s“wordrnnouuwo 5313.2I., nab....W_M2..m...7.I.8%,Lcw.__Hmm.\~woo/.Q%Cmnsuobo. .L31 > .m..%r5...... ..UL4._|nAv,...$23:09 ..... N5 6wE72m 5EC7/\ \(u1_ \NRO8.8,T .:|..MA8._nw_,ewE Erm.P272.M2E H_I.W:.ww.nmRTVmMV.mmmzzzommv>momrH SmmmEmmy5w 5 cm.»:~>3Rain.3 E E...mmwmzwG..uSm.mmpxjaumE Emo_ QNB.,5E.5E Sxm\MRM.wwmS FO. oF.EmmonD. N .3_%N. WW.MW _R T I,.mz..adu.~.....m.m.z:.u...u.u.z Izmw.m..$.sNmoouo..54. I 3.3I,Inmmm. .,. Imabo.kwWI.I89%.II.I zaw.u+.Z£38.2.I my.xI..W...N8um., ,o .05I.aoobo. . 4IVWIumwuoII _.o_.ou.Iw5 I0III ImII , _,I...III I. 1.Imuow?.?3m....3Qmaou.Q3I.I mbor3._unU.o)._.mUImwmgN598I1. wImoio..8o£o.V I I23.3%.:w~mo.§.GnooqéI AVm Izmo.m..?.s$8.1.I z8.uo...;.:uwmwum.G~wm.u3I Agenda Item No. 5.Page 66 of 201 zciwmmO..._u>xOm_rwH¥_zAIM0:1O...mm>c_soz?OOCZ?onx_<mmm_om.m._.>._.mOT.o>:_nomz_>mlmmau0.".V_u>_»omr_<_>_uZO.Beammm_zo>mcmo_<_m_ozon>vomsozonR:_>2054NonEmzcmc{EuD1/0>3362onAIMmcmu_<_m_ozO...mmnaoz3.Auw:0...S:m.m.m.z.Z5wxosz3{Znozn__.m_zwooxNu.miomamonxzum.mmoomomO...m_<mnw_um00:244.n>r_nomz_>.4005.15»(3.1_.o«A._zmronx_.~mO1>zmzumo{Ruon._.Im40$:onwmpczoza5mxosz3{)0ozarm.2wooxm.25mm3>20301IPVM.mmnomumon92mm»z>mo_zooocz?o>:nomz_>.>20roam__>20N._zwronx3>205.._.mroox,001AIMmcmc_<_w_ozO?mmodozI.7..m;m;i;m.m.m.z..>mmxosz3{Znoz...__.m.2mooxw,Sam.0on:>um.mmoomomO..uw>zmmmz>mo_zoOOCZ1.o>r=..omz.>>20_:O._.czm>Ecm2mz«..o+:P>|:mmoomomozo<m:mmm9Bo.>m.zm3c:mz4Z0.Nooéxomuwim.o.m..mmoomomonM20m_<mmm_omOOCZ._.<z_.o_..>m_.m_z_oz.v._..m.mom;9:w>mmoo_Zmm._zo.0>4mO1mcx<m<Hmmnamzmmx.88mbmemwm26:0,Am;m>_rm©>o._zAo._n,_m%a4z3.mu.oo.szdam.A?um2.0T3,»..,4Iumam._...8.,M!_S~.om.+um.m32.::zmR:.on>:mzconEmm:mu.<.m_ozonmm.moL.;muonm>mu_oaa4_o.m./..;;.m.:.10._.._.V.iconsrm.SE.02‘on...vmmmm.§\m,.yxmro._\...Rf;mm>mo:mo.:a22.8».Wm.§\munu.zo._.I_zo.,L ,RIV.CO Um._.>=u..>.. 2048mo>..m ,_.. E’LY LINE SEC. :_..|,|IiI» | mmxmzznm_o.._Ton:s>< W'LY LLNE RS.71/63 &— COMMON LINE BETWEEN PARCELS A 54 B OF DEEDS, REC.MAY 4,1964 AS INST. NO 94512,O.R. .__,/ ncémm0.mmoozomqxmma -zmwm...%..s,uwmim.Gwmroi RuowwuaLAwo?mnvl?3.mJ V A‘»$._.....TLm.Nm.v /,~Q CONSTRUCUON ALzu....m+.u+.2.NEE‘ miczmmm.1\muan mx_m:zoammmnozum?m? 10. _.Eu._.>OOm0 rm.53.02.o.~.. Wmxmjzom_oxTo...>2><;/mmm_%n.>¢n\aj~u.wn.~..~m_m.ro. IFJIIILJ xmzzzommE?omrE nmm3>3897. gm.Nmijas SEE SHEET 4 NO0'04'13'E 917.53’(917.55)[917.59'] AV‘HIGHLAND$3 SPRINGS AVENUE 03». (2e3e.s2') mX_md2O_.~O)OOmO_O>._._OZENE E»?~moZ4_.z.m.~.«1\j1E.PO??mmOW0mD_0>:OZIMO...LEW/«Mm‘Em.>wAZMA.Z0._mOVmmA\,,i zAm.Ww\4ym‘i,,L.. mm>m_wO?mm>m_znmVG~)O.q..\mx_m:2oVCWCOmO>Om>mmzm2aIicmm0.mmOOZUmammma, ZmO.w#.uAx<«wmmn?m»AUMw#.O;‘-Jla4_.U.4)OOMOHMOBUD:Abgmméb?,ZW43:3A.r<LZMEW4.\®u .._.,~n..E.§:.._.EEmmoozomammma. xmxaszoe..Azoo.o+.G.mo.o$\z$.u+.,.1.sma?a‘.$3.mBmoowm? mmnozamam?.._.\_,,.. A,auxo?z8.otu»m\V_muiuuGau?u33m. /.zmm.u?I.iAmzmo.u+.u+..suuio.Po....>./_woo.., ru+om.d.I,9zmm.u+.u+.suomhu._ mmam,.._umom,.Q_oz , umma??Nmoixe Sm.Nmidsd B //zoo.uu.u_.2 ,38.om§_.r.» kmxmzzomo>ocmQo>:o2 um»E»?N321:z.m.mmijud mmzzzommE?omr um»S»?N831; am.Nm..\§Lm _NOO‘.‘53'31'W302.00’(302.0') HIGHLAND SPHINGSAVENUE 9zmw.Nm.~m..m+5.3.Atmbi 5€’iO.£)7’V(560.20') SUN LAKEs“°°‘’‘”‘ mx_m:zoxo>oomo_nZ_oz/.,nmm.29.20.SEE. mmo.aux?m..39oz‘ \.m3m:azzz$5 , ‘ .‘ ‘ zmm..,.i.?..zomgnimczmmmoz ‘ ;Duooamcnm. 88 7 ,munowoo A..ruun.......... zoo.0w.wm...mmiczmr9 _ OW>;mzomo{>0OT.>3382 on_.Immcmo_<_m_ozonmmo.2.Cm.m._2:mm: -wzwmamwmmmax NA,W~&c.mu.samé ,1 rzmo.m+.?.s$8.2.G~mo.E..v, SEE SHEET 4 BOULEVARD ‘S45..@Bmuazmuxmzmozv Izmo.m...3,2m~uo.t.. mmzzzommE?omr umm3»?82?‘ am.mmijnd 12 .17"-A [[1246.o2']]‘—' F0.1''LP.TAGGED L.S.4628,DN.0.1’, PER TRACT 25017-1, M.B.254/71~72,HELD, mmmmxmmammom w>m_monmm>m_zom. mmoomoz_>_ummmmmmzom, ammoxmmmmmzomm.A , 2 _,: ,,N _,.._ozc.smz4>:ozzoamm.. L _, :0: 20..40mn>rm 0. (1246.75)i124e.95'} NO0‘04'33"E 1196 17' I no.7.}.:u.:83 m.n.m.1&1.oz.on... vmx:92897..:.m.Nixjud..wmm?g.38..vxmGm\ mm:H.:m_.u. 1246.90’ ‘_M,‘HIGHLANDSPRINGS AVENUE:! z8aou..smnmuom.683.8 Agenda Item No. 5.Page 67 of 201 2005'OI'!8(o59 zcimmmOm_u>mOm_.mnA_zaim0:40...mmézozaoocziO...m_<mmm_om.mqhmono>:noxz_>mImm._.mO_.uV_u>mom_._<_>_uZO.warmmmzo)mcmo_<_m_ozO1)_uoE._oz0+»r9._>20_.o._.m01>:mzomu{EuO?>uomjozO?AIMmcmo_<.m_ozonmmodoz3.?uW.N;i:m.m.m.:.l5mxosz3El»023_.m_zmooxB.w>omNuon!)_um.mmooxomO1m_<mmm_omooczi.o>_._nomz_>.Somimm£41_.3A._zm_.ooxSmon>:mzomo{laon«In822o...mm>c:o5>mmxotzW4zzuozarm_zmooxm.nzwmm3>203onzzum.xmnoxomOT»92mmxz>xo_zoooczi.o>:3mz_>.>20Sam_>20N._zmroox__.\.>20H3._.mroox.5onAIMmcmo.<_m_ozonmmozoz3.?um:2..2..wEm.m.:..>mmxoiz35%oz...__.m_zmooxw.n>om80153.mmooxamonm»:mmxz>xo_zo00:23.n>:_..omz_>>zc_rO.—_._zm»Ecm.2mz«.6757:mmoomomozo<m:mmmM.Moo»5_zm3c:mz«zo.~ooTow3S~.0.»:mmnomum01wasx_<mmm_omOOCZQ§_OI>m_..m_zoz._u._..m.mom;.5»:an>mmoo_>4mm._zo.U>..monmcm<m<ummnamzmmm.Noou_u>O:u_OEa:IfI1})\EE$\EEEEEE:z.Euxu5onmEm«EmoEEIEEmmzw1szm$u.oo..s+398.QSHHEVTm?wm?Baum.Guam:EEI6ESzwd.EE2.!czmH3EonEmA_.onfmmcmo_<_m.ozonm%omoL..>muonm»xJo_~s«_oz39%..EE._..mEm.:. PARCEL mmzzzommEiomr ummHm>0._.~mo3L Z._w.Nm~+\§IuN SEE SHEET 7 NO2‘O7'00”E _um._.>=...O.. 20...A0mo>rm N0o‘o5’1o'E 273.46’ zmo.m..u+.2 ISnuau. zadu.wm.m93 4 \,SEE SHEET 4 no.1_.n.983 m._.<Ezm54 _o...>:mzamo5%9.>nomjoz_..m.3»?oz.o.m.... onEmmcmo_<_m_ozonmmn:_Cw.m;2..mm?Am>m_monmmzaznmvmmw«~»u>+®«jwm~o~._T_.wmmom._.>__.0.. E2mo.u.u..suumin.Amparo}Azoo.,_m.,.:..moE_N.vmmoozmE ?mm?/E \€nu_n:.mol:mzmo5W38.Ev I4 3zmo.u;.$.zNmounu.Suomum;V N00'05’10"E PA R’C E L /+4‘; V ‘ :58. t h, mambo.NJ}m+u.oo.E?.z%.uE+.s$2.3.Er Wm?>_xncczccaiznwc7,/ 58.8,:8:monxmz;><mzcmEmma3mmoomoQmizomon um»gm.38mambo.Bo:monxmz_>><mzcm nmm:.m.w\6 .923. :1: ..Oo 0. :»6°_-U’5-_ AVENUE a 17,MB.9/10 PER ?M.B.254/71—72 SEE SHEET 7 N00‘16'34'E ___?W§MT MONMOUTH % NO0'16'34"E N00'1G'34"E \ _ \COMMON LINE BETWEENLOTS 1 &2,BLK. YRACT 28017—1, SEE SHEET 4 ?ow:cm22mmzazm....mE_12umgo?moxmmmozg5.8mma3xmnomoQm?znmon zmm.m».?E.s;\\m«oxzomzzmmzamum33.E3:mon52.»><mz_E_m Ecoomoa?moxmmmozEN....NE......z8.8.B._mAzmm.u+.3.sE4.zom%m.mumH HWzomnmwc?mnuooum.Ev _nmmgm.35 .ouo.%.E._Emoubo.._.5;LE/NVm+u.oo. __..4T YE E E E.EE So3EE E EEEEEEWEEL7 AE:me...:.2:a.ouE.\vm\_o/E.EH3...o... EE aoobo./E1K ‘5:} E 1I V ‘.,.... " Ea_unU.n>._.mUImxngv.Emu0..,S489Va238am6V..V1_H_m@.._um.:8_:zmoi?s,Smog»Gnmofvmoio30.13 tzmm.u._Z.£ , _.w..159;WunuokhEv//mma3.xmoomuQmizomon E 5__w«\ms.2omzz3::no.1_._uESoomovmmwomomnmm?9onxmz;><mzcm E E~\”.mwomoaimoxmmmozrm.tmnm.oz.o.~... E E EW,..0.Eum»3»?397.. E Eoz.m.~u+\jL~ Azoo,_m...1.mo..$ 3.8. 239% E »E@:EE._mmmmxmmaumommmzzzomm.u>momr V E. $6501mm>x_zom,nmm3>o«mmo3L 7 EEEH..S_-s E _wmmmww?vmnmmmwzom. E.E EEzozczmzdaozzoamm zmuaoa:.sunuuuo.Gnuwm?*Agenda Item No. 5.Page 68 of 201 9005-0I“IaLo52 zctmmmOW_u>mOm_IwUA_zEm03.4‘0...mm>czozaOOCz._I<O..Im_<mmm_om.miamO?o>c.I.omz_>mlm?VO?V_u>momr_<_>_uZO.Bmxmmmzo>mcmc_<_w.ozon>uonzoz01Ba._>20EaNon>:mzamcI)...on>33.02onAIMmcmc_<_m_ozO1mmodoza._.._..um..N;E:m.m.m.z.>mmxozzm<K>_uoz_I.__.m_zmooxNu.RamU01:>nm_mmoomcmO?x_<mmw_amOOCZQ.o>:nomz_>.qoomimm§._.I1_IO...f_Zw_.oox_.\mon>:mzomcZ>V01AIM8:201mméxozq>mmxotz3{ZnOZn__.m.2mooxm._u>omm.m>203O1x>vm.mmoomomon92mmmz>xo_zo0OCZ.._.<.o>_._nomz_>.>20roam_>20M..2mroox2>20V044.mroox5O1Emmcmo_<_m_ozonmmojoz3.?um:m;E:w.m.m.:..>mmxosz31%ozarm_zmooxPEon.0o...53..xmoomomonm>zmmzz>mo_zooocz?o»_._nomz_>>20#04czm>E:w2mz4%o+Ir_.>IZmmnoxamozo<m:mmmu.moo»>m_zm..mc:mz«20.NoofoméiwOI»:am_..rmmJ.u_m<$mx_mm_m_m.mmnoxomO...m>_am_<mmm_omooczizoxmnmxmzamxmEz__o:>mrmioz.arm.8%._.>:.w>mmoo_Zmw._zo.UZImO...mcx<m<Mmm?mzmmm.moon.ImoIIc$mmzIIuI>m_m_mIIJar?m>E»o>ozmududox..2I.§u.mm33.:VT?ua?83.3.3m.m.o:IIIBuwd.IAumo.:.vI58.3.I10.N:_._u.«Some_..m.Sum.nrcmx.umm3»?~mo:I_Iz.m.~u.<§L~Emm.§\mu.xmb. 600.20'<600.2B'> 3.1._._u.:83 rm.$3nEm:. mm»3).:897..:.m.mm+\§IuN 1068.72’0063.52‘) I T.3 5.,R.1 w.,S.B.M N00'05'26”E (RAD) E'LY LINE or INST NO 057573 REC.FEB.25,1997,OR Du_Smm.i. I% IWmmww AVEN UE (2747.45) SEE SHEET 6 Izmw.u~.un.sohm. . Ao.»m.v Izmw.u.....$.sw:...oo.Iz_~.%.m._.sIIIVvza.8....u.m :32um»AxxvvAmwxumwwoAxxvv I I8.8 >u§.um.:.II>I§.mm.:. m«.8_o.o.IIIIIImI8o.o.o._.uB..I1_.u-.m+ Sr:um»Axxvv 559.92'(559.91') 2747.31' W'LY LINE LOT 1 or AMENDED MAP OF A PORTION OF THE SUBDIVISION OF SEC 11 _N0O‘16'23''W ~39.00'-I ,, RAM PER <xx>) 255.05‘‘ mmoozomqmmmq IIzme.u+.u...s_:w.~u.III 23.:um»Axxvv Im:r_zmO1EmaZ0. omumdmmo.mmwmm.63..m. \PER <xx>) \255.05’ mx_m:zom_Q:IonIs><9C:_I3<III\I\AI QwmzmzawnmmE9ZOIo?md mmonmm.Mm.$3.Pm. ,(RAM ~NO0‘05'26'E 15.35‘o mmimcmxmaZ.xmoomo QmizomO?uuwoo. um».33Nmeuur Km.Nuijus omwmmr.m.zwd.I...§ IIIIz8.m».%.smmmiu.GmmrodweI4/I mace.2»?!mm»Axxvv zmoama?s33¢..Uzmw.m.%.+.s«II,9 3 ‘ 9 I .03+8 I.I a€._._aI3.I._.3.>.58a.m..Smoaimoxmwmozv2%?u.2NmownuGmoun?Ienuazmozmwmozv \~N00‘05'26"E 2)N44'54‘34"w 3004.20’ 70119.81‘)Q I WHITNEYPLACE 138.3,II N00'05'50"E ,\NO0‘16’13"W 6 9. ‘E73.01? I zw....unam.sm9.S._I.c.N._._u.imomorm.uouu.82.3.I.Iza.8.$.moz.3.um»384oTz$.u+.$.s$9.3.I3.8.z.mI~...+\:L~wmwmrxf mm>m_zoQmizom zwo.%.S..stoo. z%.m__om£mwmu. LOT "F" (IDICATED HEREON) N00‘05'50"E 413.93’ PENNSYLVANIA 559.90’(559.90') mmzzzommEmomr vmm32!Mmo._wI4 z.m.~m»\3Lm SEE SHEET 6 3:27:>oxmoz mac»;omzz$5}zmwwI&_I2 zt.a~.um.s I . . _ .omgnimuImmmoz zmo.w+.uu..izoo.ou.~u..mzoo.8.Z..mwooq8.8.Nmooum.I zmm.u_.om.smega. II . 88%.I .83. I .I:3».IIII 8..6..€no.n>4moxmwnozvI I.:II.II.IIunwwo.. I I.IW3..o..:89@a_a_owxIGmoapwnoxmxmozv I SqE5 I I II.I._n_mmazI,w.III...I.%Iw_swa.W._£.II.WIm..IIIHmammmq (no._..:9.2003no._.:u.ioomorm.SE.«Em;rm.3%.oz.8.. mm»:92$93.cm»3).:~83-.. Sm.~m1\:L~zIm.N?xjus «I zao.m+.uq.s38.1.I mmzzzomm_u>momr wmm3»?mmo3L §.w.Nag.HIum mn_wIIo,»I_mImI,.IqIIm%IIIII\I mmmmlmmsam 3.2,);win_zoozo.__III7.I II I IIIIIIw>w_mOmwm>m.20m. «mm.oumu~wom..u5&z_wmmII I IInIxmoomo_s>vxmmmmmzom. \3.~.._.u.988rm.Sum.~m»\:I§.xm_..cII IIIIammommmmmmzomW2.3E»3$3-3.. I II I IaII I zozczmzdéozzoammxm_.o.. IIII._O.I<II.T4IIr1.I.IpNR I -1I1II25'(IIII.99‘) IIIaI44‘(1I1a.so') z%.8_aIu.smmw?.III3.3I\\_§aaoa..sunuuuw.G~u...Ium.Agenda Item No. 5.Page 69 of 201 Page 70 of 201 Staff Report TO: Mayor and City Council Members FROM:Sean Thuilliez, Police Chief DATE:September 3, 2019 SUBJECT:Second Reading and Approval of "An Ordinance of the City of Beaumont Amending Title 5, Chapter 5.64 of the City of Beaumont Municipal Code to Peddlers; And Amending Title 5, Chapter 5.66, Sidewalk Vending" Background and Analysis: In September 2018, the California legislature passed Senate Bill 946[1] which decriminalizes sidewalk vending. The law took effect January 1, 2019, and applies to all general law and charter cities in California. The Beaumont Municipal Code (“Municipal Code”) currently regulates sidewalk vendors in a manner that is inconsistent with SB 946. The City desires to adopt a sidewalk vending program and amend its Municipal Code to ensure compliance with SB 946. SB 946 specifically allows for regulations or the prohibition of sidewalk vending in certain circumstances. This includes stationary vending at a park if the park has an existing agreement for concession sales; stationary vending in purely residential areas; vending in the immediate vicinity of permitted certified farmers’ markets or swap meets during operating hours; and vending in the immediate vicinity of an area designated for a temporary special event. The City may also limit operating provided the limitations are not unduly restrictive.[2] A City may adopt requirements regulating the time, manner and place of sidewalk vending provided such requirements are directly related to objective health, safety or welfare concerns. Such concerns may include requirements to maintain sanitary conditions; to ensure compliance with the Americans with Disabilities Act; to obtain a City issued permit or business license; to possess a valid seller’s permit; and to comply with other generally applicable laws. The City may regulate the time, place, and manner of sidewalk vending at City owned or operated parks if the requirements relate to any of the following: (i) Directly related to objective health, safety, or welfare concerns. Agenda Item No. 6. Page 71 of 201 (ii) Necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities. (iii) Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.[3] All other regulations must be “directly related to objective health, safety, or welfare concerns.” Chapter 5.64 of the Municipal Code, Commercial Peddlers, Solicitors and Itinerant Merchants, is no longer consistent with current modes of commerce and is very broadly written. Furthermore, it currently regulates Sidewalk Vendors in a manner that is inconsistent with Senate Bill 946. The new ordinance is consistent with Senate Bill 946 and will provide guidance and rules for sidewalk vendors to provide a streamlined process that encourages entrepreneurship while maintaining health, safety, and welfare concerns. The following are the most notable regulations to the Sidewalk Vendor Ordinance. All sidewalk vendors are required to obtain a permit from the City Planning Department; Permits will be effective for a one-year period from the date of issuance; Sidewalk vending is not allowed in various locations including: public property other than a sidewalk, within 200 hundred feet of any other sidewalk vendor, within 100 feet of a street intersection, within ten feet of any driveway, or within any median strip or dividing section, among other restrictions; Sidewalk Vendors must maintain a clean and sanitized operation, including picking up trash, providing hand sanitizer if selling cooked food, and maintaining a neat appearance of the Vendor Cart; All signage related to vending must be attached to the Vending Cart or the Sidewalk Vendor’s person; Sidewalk Vendors shall display copies of all City, County, and State permits; Vending Carts shall not exceed a length of four feet, a width of four feet, or a height of ten feet; and Administrative citations and fines will be levied to any Sidewalk Vendor in violation of the ordinance. The updates to the Municipal Code provide regulations to accommodate sidewalk vendors’ equipment while safeguarding pedestrian movement on public sidewalks, parkways, pedestrian paths or walkways, and other public rights-of-way and to reduce risk of ADA violations. The intent of the regulations is to benefit the City and lead to orderly commerce while encouraging entrepreneurship and providing economic opportunity for people to support themselves and their families. The adoption of the proposed Ordinance is covered by the “general rule” that the California Environmental Quality Act (CEQA) applies only to projects which have the potential for causing a significant effect on the environment. Staff’s determination is that it can be seen with certainty that there is no possibility that the proposed regulations contained in the ordinance will have a significant effect on the environment. Therefore, the adoption of the ordinance is not subject to CEQA. Agenda Item No. 6. Page 72 of 201 [1]Title 5 of Gov Code, Ch. 6.2, Section 51036 et al. [2]Section 51038. [3]Section 51038(B). Fiscal Impact: The adoption of the proposed Ordinance will not have any direct fiscal impacts. The existing fee schedule will cover the cost to process and issue City permits, however, it is unknown if there will be added costs for enforcement. Recommendation: 1. Approve at its second reading, the following, “An Ordinance of the City of Beaumont Amending Title 5, Chapter 5.64 of the City of Beaumont Municipal Code to Peddlers; And Amending Title 5, Chapter 5.66, Sidewalk Vending. City Manager Review: Todd Parton City Manager Attachments: Attachment A - Vendor Ordinance redlined version Attachment B - Vendor Ordinance for adoption Agenda Item No. 6. Page 73 of 201 Page 74 of 201 1 ORDINANCE NO. __ AN ORDINANCE OF THE CITY OF BEAUMONT AMENDING THE BEAUMONT MUNICIPAL CODE TO REPEAL CHAPTER 5.64 AND REPLACE WITH A NEW CHAPTER 5.64 ENTITLED “PEDDLERS,” AND TO ADD CHAPTER 5.66, A SIDEWALK VENDING PROGRAM, AND MAKING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF BEAUMONT HEREBY ORDAINS AS FOLLOWS: Section 1. Findings. (a) Senate Bill 946 was signed into law on September 17, 2018, and took effect on January 1, 2019. (b) Senate Bill 946, which is codified at Chapter 6.2 (commencing with Section 51036) of Part 1 of Division 1 of Title 5 of the California Government Code, limits the authority of cities and counties to regulate Sidewalk Vendors except in accordance with the provisions of California Government Code Sections 51038 and 51039. (c) The Beaumont Municipal Code (“Municipal Code”) currently regulates Sidewalk Vendors in a manner that is inconsistent with Senate Bill 946. (d) Chapter 5.64 of the Municipal Code, Commercial Peddlers, Solicitors and Itinerant Merchants, is no longer consistent with current modes of commerce and is inconsistent with current law. (e) The City desires to amend its Municipal Code to (1) repeal and replace chapter 5.64, (2) adopt a sidewalk vending program, and (3) ensure compliance with Senate Bill 946. (f) Regulation of sidewalk vending will benefit the City as a whole as it will lead to orderly commerce while encouraging entrepreneurship and providing economic opportunity for people to support themselves and their families. (g) The act of vending on public sidewalks, pedestrian paths or pedestrian walkways creates the potential for safety hazards, such as, but not limited to, inhibiting the ability of disabled individuals and other pedestrians to follow a safe path of travel; interfering with the performance of police, firefighter and emergency medical personnel services; encouraging pedestrians to cross mid-block or stand in roadways to purchase food and merchandise; and creating obstacles and contributing to congestion for pedestrian, vehicle, and bicycle traffic. (h) Regulations of sidewalk vendors are needed to accommodate sidewalk vendors' equipment while safeguarding pedestrian movement on public sidewalks, parkways, pedestrian paths or walkways, and other public rights-of-way. (i) Regulations of sidewalk vendors engaged in the sale of food and food products are needed to protect the public health and safety by ensuring that sidewalk vendors prepare Agenda Item No. 6. Page 75 of 201 2 food safely and in accordance with the requirements of the Riverside County Department of Public Health and the City’s Health Department. (j) Regulations of sidewalk vendors are needed to prevent hazardous or unsanitary conditions and to ensure that trash and debris are removed by sidewalk vendors and do not become a pollutant. (j) The City Council adopts this ordinance under the authority provided in Senate Bill 946 and Government Code Sections 51036 through 51039 and finds that the time, place, and manner regulations and requirements provided herein are directly related to the City's purpose of protecting the health, safety and welfare of its residents, businesses and visitors, including ensuring compliance with the American with Disabilities Act of 1990 (Public Law 101- 336) and other disability standards; ensuring the public's use and enjoyment of natural resources and recreational opportunities; and preventing an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of City parks. Section 2. CEQA. The City Council hereby finds and determines that this ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq,) ("CEQA") pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility that it may have a significant effect on the environment, and because it is not a "project" as that term is defined in Section 15378 of the State CEQA Guidelines. Section 3. Repeal and Replace Chapter 5.64. The City Council hereby repeals Chapter 5.64 of the Municipal Code, Commercial Peddlers, Solicitors and Itinerant Merchants, in its entirety, and replaces with a new Chapter 5.64 entitled “Peddlers” to read as follows: “Chapter 5.64. Peddlers 5.64.010 – Definitions. 5.64.020 - Permit Required. 5.64.030 - Permit Application. 5.64.040 - Issuance of Permit. 5.64.050 - Denial of Permit. 5.64.060 - Conditions Imposed on Permit. 5.64.070 - Permit Expiration. 5.64.080 - Permits Nontransferable. 5.64.090 - Revocation of Permit. 5.64.100 - Notice of Hearing and Grounds for Revocation. 5.64.110 - Emergency Temporary Suspension of Permit. 5.64.120 - Conduct of Hearing on Suspension or Revocation. 5.64.130 - Decision of Hearing on Suspension or Revocation. 5.64.140 - Appeal to Hearing Officer. 5.64.150 - Operating Requirements. 5.64.160 - Identification Card. 5.64.170 - Administrative Citations. 5.64.180 - Exemptions. Agenda Item No. 6. Page 76 of 201 3 5.64.010 – Definitions. For purposes of this Chapter, the following definitions apply unless the context in which they are used clearly requires otherwise: “Chief of Police”: The Chief of Police of the City or his or her designee. “Director”: The Planning Director of the City or his or her designee. “Food”: Any type of raw, cooked, or processed edible substance, including any food product or beverage. “Merchandise”: goods, wares, merchandise, meats, fish, vegetables, fruits, farm products, or prepared foods. "Peddler": shall mean any person, traveling by foot, automotive vehicle, or any other type of conveyance from place to place, house to house, or from street to street carrying, conveying, or transporting Merchandise and offering and exposing the same for sale, or making sales and delivering articles to purchasers, or any person who traveling from place to place, shall sell or offer for sale such Merchandise from an automotive vehicle, or other vehicle or conveyance; or any person who solicits orders and as a separate transaction makes deliveries to purchaser. "Peddler" shall not include a person engaged in, conducting or carrying on the business of vending on a sidewalk, pursuant to a valid permit issued pursuant to Chapter 5.66. “Temporary Special Permit”: A permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, outdoor concerts, festivals, carnivals, and street fairs. “Vend” or “Vending”: To barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase, Food or Merchandise, or to require someone to negotiate, establish, or pay a fee before providing Food or Merchandise, even if characterized as a donation. 5.64.020 - Permit Required. No person shall engage in, conduct, or carry on the business of Vending as a Peddler without a permit issued under the provisions of this Chapter. 5.64.030 - Permit Application. Every person, prior to engaging in, conducting, or carrying on the business of a Peddler, shall file an application for a permit with the Director or his or her designee, accompanied by a nonrefundable processing fee in an amount established by resolution of the City Council. The application shall be in a form prescribed by the Director and shall contain, at a minimum, the following: A. The legal name, current mailing address and telephone number of the applicant; B. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal; Agenda Item No. 6. Page 77 of 201 4 C. A copy of a California's driver's license or identification number, an individual taxpayer identification number, or a social security number. The number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order; D. A description of the Merchandise; E. A current valid California seller's permit number pursuant to Section 6067 of the California Revenue and Taxation Code; F. If a Vendor of Food, a Food Handler Certificate issued by the Riverside County Department of Environmental Health and other applicable requirements of the County. G. An agreement by the applicant to indemnify and hold harmless the City, its officers and employees, for any damage or injury caused to the City as a result of the Peddler conduct or activity; H. Certification by the applicant, under penalty of perjury, that the information contained in the application is true to his or her knowledge and belief; and I. Any other reasonable information regarding the time, place, and manner of the proposed Peddler activities. J. The applicant's consent to a fingerprint check by the Chief of Police or his designee. Applications for permits shall be filed a minimum of thirty (30) days prior to the date requested for issuance of the permit. Renewal permit applications shall be filed a minimum of thirty (30) days prior to the expiration of any existing permit. 5.64.040 - Issuance of Permit. The Director or his designee shall grant a Peddler permit within ten days after receiving the completed application and proof of a valid City business license if he or she finds that all of the following requirements have been met: A. The business license fees have been paid. B. The application conforms in all respects to the provisions of this Chapter. C. The applicant has not made a material misrepresentation of fact in the application. D. The applicant has not had a similar permit or license denied or revoked by the City within one year prior to the date of the application. E. The applicant has not been convicted, during the three-year period immediately preceding the issuance of the permit, of any offenses involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, business or activity as a Peddler. Agenda Item No. 6. Page 78 of 201 5 F. The applicant has obtained any other applicable City or county permits, including any City or county health permit required for the preparation and sale of food products. G. The applicant has obtained a valid City business license and paid the appropriate business license fee. 5.64.050 - Denial of Permit. If the Director or his designee finds that all the requirements of section 5.64.060 of the Municipal Code have not been met, he or she shall deny the application for the Peddler permit. Written notification of denial of the permit application, setting forth the grounds for denial, shall be served on the applicant by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the applicant at his or her mailing address as set forth in the permit application. Notice of denial of the application shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. 5.64.060 - Conditions Imposed o n Permit. Any person issued a permit pursuant to this Chapter shall comply with all operating requirements that are imposed as part of the permit pursuant to sections 5.64.150 and 5.64.160 of this Chapter. 5.64.070 - Permit Expiration. A permit issued pursuant to this Chapter shall be effective for a period of one year from the date of issuance. 5.64.080 - Permits Nontransferable. No permit issued pursuant to this Chapter shall be transferable. 5.64.090 - Revocation of Permit. The Director may revoke a permit issued under this Chapter for any of the following reasons: A. The permitee has made a material misrepresentation in the application. B. The permitee has committed violations of this Chapter on four (4) or more separate days; C. The permittee has failed to maintain the insurance required by this Chapter; D. The permitee has failed to comply with applicable federal, state or local laws and regulations; E. The permitee has conducted the Vending in a manner which endangers the public health or safety. Agenda Item No. 6. Page 79 of 201 6 F. The permitee's conviction at any time of an offense involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, Peddler business or activity. 5.64.100 - Notice of Hearing and Grounds for Revocation. Prior to the revocation of a permit issued under this Chapter, the permittee shall be notified in writing of the grounds for the revocation of the permit and a hearing shall be held thereon. Written notification of revocation of the permit, setting forth the grounds for the revocation, shall be served on the permitee by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the permittee at his or her mailing address as set forth in the permit application. Notice of revocation of the permit shall be deemed to have been served on the date it is personally served on the permitee or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. Notice of the hearing shall be given in accordance with Chapter 1.17 of the Municipal Code to the permittee at least ten (10) days prior to the hearing. 5.64.110 - Emergency Temporary Suspension of Permit. Where the conduct or the activity of the permittee creates an imminent peril to the public health or safety, a permit issued pursuant to this Chapter may be summarily suspended upon notice to the permittee, provided that the permittee shall be entitled to a hearing within three (3) days thereafter and any emergency suspension shall not exceed fifteen (15) days pending a hearing under section 5.64.100. 5.64.120 - Conduct of Hearing on Suspension or Revocation. The Director shall conduct a hearing and make the determination on the suspension or revocation of a permit. The Director may promulgate rules of procedure for such hearings, which shall recognize the right of the permittee to be heard and to call witnesses on the permittee's behalf. 5.64.130 - Decision of Hearing on Suspension or Revocation. The decision of the Director shall be rendered within ten (10) days of the close of the hearing. The decision shall be in writing and shall set forth the findings and reasons for the decision, and the permittee shall be notified in writing of his or her right to appeal to the Hearing Officer as set forth in section 5.64.140. 5.64.140 Appeal to Hearing Officer. A. Any applicant for a permit under this Chapter, or a permittee, shall have the right to appeal from a decision by the Director to deny a permit application or to revoke a permit, by filing with the City Clerk a written notice of appeal, specifying the grounds for such appeal, within fifteen (15) days after the decision has been served on the applicant or permittee. Such appeal shall be heard by the Hearing Officer, as designated by the City Council from time to time, or by an administrative hearing officer designated by or at the request of the Hearing Officer, upon not less than fifteen (15) days’ written notice to the appellant. The Hearing Officer, as the designated administrative hearing officer, shall consider all relevant evidence at the hearing, continue the hearing for good cause, and require such legal briefing as may be required to address any issues raised by the appeal. Within a reasonable time, but not more than thirty (30) Agenda Item No. 6. Page 80 of 201 7 days following the conclusion of the hearing, the Hearing Officer or the designated administrative hearing officer shall issue a written decision affirming, denying or modifying the decision from which the appeal was taken, supported by factual findings and determinations referenced by supporting evidence. The decision of the Hearing Officer or designated administrative hearing officer shall be final. The written decision shall be served on the appellant as provided in Code of Civil Procedure section 1094.6(b), with a copy submitted to the City Clerk. The written decision shall include a notice to the appellant that the decision is subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure section 1094.6. If a timely appeal is filed, any revocation shall be stayed pending the decision of the Hearing Officer. Otherwise, the revocation shall become effective immediately upon expiration of the period for filing an appeal. B. No person whose permit is finally denied or revoked shall be eligible to apply for a new permit for a period of one (1) year following such final action. 5.64.150 - Operating Requirements. A. Except as otherwise permitted in this Chapter or the Municipal Code, no Peddler shall Vend in the following locations: 1. Any public property, including, without limitation, streets, alleys, and City- owned parking structures; 2. Within one hundred (100) feet of a police officer, firefighter, or emergency medical personnel who is actively performing his or her duties or providing services to the public; 3. Within one hundred (100) feet of a street intersection or traffic signal; 4. Within fifteen (15) feet of a fire hydrant, fire call box, police call box, traffic signal controller, or streetlight controller; 5. Within ten (10) feet of any driveway or driveway approach; 6. Within ten (10) feet of a marked crosswalk; 7. Within ten (10) feet of the curb return of an unmarked crosswalk; 8. Within any median strip or dividing section; 9. Within two hundred (200) feet of a Police Station or Fire Station. B. Vending is permitted only between the hours of 8:00 a.m. and 9:00 p.m. or one-half hour after sunset, whichever comes first, except that the hours of operation shall not be more restrictive than the hours of operation imposed on other businesses or uses on the same street. C. Peddlers shall possess at all times, while Vending, a copy of a valid current permit issued pursuant to this Chapter, as well as any other permit required by any other appropriate governmental agency. The Peddler shall display a copy of the permit upon request by authorized City employees. Agenda Item No. 6. Page 81 of 201 8 D. If a Peddler of Food, the Peddler shall possess and display in plain view on a valid current Mobile Food Facility permit from Riverside County Department of Public Health and, if issued by the Riverside County Department of Environmental Health, a grade. E. Peddlers shall comply with all applicable state and local laws, as amended from time to time, including without limitation, Chapter 9.02 (Noise Control) of the Municipal Code, Chapter 9.36 (Panhandling, Soliciting and Aggressive Solicitation the Municipal Code (Aggressive Solicitation), Chapter 8.04 (Food Handlers) of the Municipal Code, applicable California Health and Safety Code and Riverside County Ordinances, state Food labeling and preparation requirements, fire codes and regulations, and the Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards (both state and federal). F. Peddlers shall not engage in any of the following activities: 1. Vending lottery tickets, alcohol, cannabis, adult oriented material, or tobacco or electronic cigarette products; 2. Vending illegal or counterfeit Merchandise; 3. Damaging public or private property, including trees, shrubs, grass, flowers, plants or vegetation; 4. Causing vehicles to stop in traffic lanes or persons to stand in traffic lanes or parking spaces; or 5. Vending in a manner that blocks or obstructs the free movement of vehicles, including Parked vehicles. 6. Where food of any kind is dispensed from a vehicle, pushcart or other conveyance, shall maintain a clearly designated litter receptacle in the immediate vicinity, marked with a sign requested use by patrons; and provided further, prior to leaving the location, shall pick up, remove, and dispose of all trash or refuse which consists of materials originally dispensed by that person, including any packages or containers, or parts thereof, used with or for dispensing such food. 5.64.160 - Identification Card. Every Peddler that Vends Food shall obtain a food handler card issued by the Riverside County Department of Environmental Health, and shall have the food handler card and a valid and current photo identification card in their possession at all times when engaged Peddler activity. The food handler card shall be displayed to any police officer or other authorized City employee upon request of such police officer or authorized City employee. 5.64.170 - Administrative Citations. A. In accordance with Government Code section 51039, a violation of this Chapter by a Peddler who has a valid current permit issued by the City pursuant to this Chapter is punishable only by an administrative citation, in amounts not to exceed the following: 1. One hundred dollars ($100) for a first violation. Agenda Item No. 6. Page 82 of 201 9 2. Two hundred dollars ($200) for a second violation within one year of the first violation. 3. Five hundred dollars ($500) for each additional violation within one year of the first violation. 4. The City may revoke a permit issued to a Peddler for the term of that permit upon the fourth violation or subsequent violations. B. In accordance with Government Code section 51039, a violation of this Chapter by a person engaged in Peddler activity without a valid current permit issued pursuant to this Chapter is punishable only by an administrative citation, in amounts not to exceed the following, in lieu of the amounts set forth in paragraph A: 1. Two hundred fifty dollars ($250) for a first violation. 2. Five hundred dollars ($500) for a second violation within one year of the first violation. 3. One thousand dollars ($1,000) for each additional violation within one year of the first violation. 4. Upon proof of a valid permit issued by the City pursuant to this article, the administrative citations set forth in this paragraph shall be reduced to the amounts set forth in paragraph A. C. It shall constitute a new and separate offense for each and every hour during any portion of which a violation of, or failure to comply with, any provision or requirement of this Chapter is committed, continued, or permitted by any person. D. A violation of this Chapter shall not be punishable as an infraction or misdemeanor and a person alleged to have violated any provision of this Chapter shall not be subject to arrest except when permitted under law. Further, failure to pay an administrative citation issued pursuant to this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed. E. When assessing administrative citations pursuant to this Chapter, the administrative hearing officer shall take into consideration the person's ability to pay the fine. The administrative hearing officer shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. F. If the person meets the criteria described in subdivision (a) or (b) of California Government Code section 68632, the City shall accept, in full satisfaction, twenty percent (20%) of an administrative citation imposed pursuant to this Chapter. Agenda Item No. 6. Page 83 of 201 10 G. The administrative hearing officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition." 5.64.180 – Exemptions. The provisions of this Chapter shall not apply to transporting property owned or handled on consignment by the agents or employees of an established place of business, where such transportation is incidental to such business, and when such property is being transported to or from such established place of business. "Established place of business" shall mean any permanent warehouse, building, structure, or outdoor vending business which is owned or leased, and at which the owner or lessee carries on a legitimate permanent business in good faith and at which stocks of the goods transported are produced, stored, or kept in quantities usually carried and reasonably adequate to meet the requirements of the business.” Section 4. Addition of New Chapter 5.66. The City Council hereby adds a new Chapter 5.66 to Title 5 ("BUSINESS TAXES, LICENSES AND REGULATIONS ") of the Municipal Code to read as follows: "Chapter 5.66. Sidewalk Vending 5.66.010 – Definitions. 5.66.020 - Permit Required. 5.66.030 - Permit Application. 5.66.040 - Issuance of Permit. 5.66.050 - Denial of Permit. 5.66.060 - Conditions Imposed on Permit. 5.66.070 - Permit Expiration. 5.66.080 - Permits Nontransferable. 5.66.090 - Revocation of Permit. 5.66.100 - Notice of Hearing and Grounds for Revocation. 5.66.110 - Emergency Temporary Suspension of Permit. 5.66.120 - Conduct of Hearing on Suspension or Revocation. 5.66.130 - Decision of Hearing on Suspension or Revocation. 5.66.140 - Appeal to Hearing Officer. 5.66.150 - Operating Requirements. 5.66.160 - Identification Card. 5.66.170 - Administrative Citations. 5.66.010 - Definitions. For purposes of this Chapter, the following definitions apply unless the context in which they are used clearly requires otherwise: “Chief of Police”: The Chief of Police of the City or his or her designee. “Director”: The Planning Director of the City or his or her designee. “Fire Station”: Any facility where fire engines and other equipment of the City's Fire Department are housed. Formatted: Right: 0", Tab stops: Not at 1" Agenda Item No. 6. Page 84 of 201 11 “Food”: Any type of raw, cooked, or processed edible substance, including any food product or beverage. “Merchandise”: Any tangible goods or items that are not Food. “Park”: A public park shall mean any park open to the public located within the City and includes all Sidewalks and parking lots located within or on the perimeter of a public park. “Police Station”: Any facility where police vehicles and other equipment of the City's Police Department are housed. “Roaming Sidewalk Vendor”: A Sidewalk Vendor who moves from place to place and stops only to complete a transaction. “Sidewalk”: A public sidewalk or paved pedestrian path or walkway specifically designed for pedestrian travel. “Sidewalk Vendor”: A person who Vends from a Vending cart or from one's person, upon a Sidewalk. “Stationary Sidewalk Vendor”: A Sidewalk Vendor who Vends from a fixed location. “Temporary Special Permit”: A permit issued by the City for the temporary use of, or encroachment on, the Sidewalk or other public area, including but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, outdoor concerts, festivals, carnivals, and street fairs. “Vend” or “Vending”: To barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase, Food or Merchandise, or to require someone to negotiate, establish, or pay a fee before providing Food or Merchandise, even if characterized as a donation. “Vending Cart”: A pushcart, stand, display, pedal-driven Cart, wagon, showcase, rack, or other non-motorized conveyance used for Vending, that is not a vehicle as defined in the California Vehicle Code. 5.66.020 - Permit Required. No person shall engage in, conduct, or carry on the business of Vending on a Sidewalk without a permit issued under the provisions of this Chapter. 5.66.030 - Permit Application. Every person, prior to engaging in, conducting, or carrying on the business of Vending on a Sidewalk, shall file an application for a permit with the Director, accompanied by a nonrefundable processing fee in an amount established by resolution of the City Council. The application shall be in a form prescribed by the Director and shall contain, at a minimum, the following: A. The legal name, current mailing address and telephone number of the applicant; B. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal; Agenda Item No. 6. Page 85 of 201 12 C. A copy of a California's driver's license or identification number, an individual taxpayer identification number, or a social security number. The number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order; D. A description of the Food and/or Merchandise for Vending; E. The dimensions of the Vending Cart; F. A current valid California seller's permit number pursuant to Section 6067 of the California Revenue and Taxation Code; G. If a Vendor of Food, a Food Handler Certificate issued by the Riverside County Department of Environmental Health and other applicable requirements of the County. H. An agreement by the applicant to indemnify and hold harmless the City, its officers and employees, for any damage or injury caused to the City as a result of the Sidewalk Vending conduct or activity; I. Certification by the applicant, under penalty of perjury, that the information contained in the application is true to his or her knowledge and belief; and J. Any other reasonable information regarding the time, place, and manner of the proposed Sidewalk Vending activities. Applications for permits shall be filed a minimum of thirty (30) days prior to the date requested for issuance of the permit. Renewal permit applications shall be filed a minimum of thirty (30) days prior to the expiration of any existing permit. 5.66.040 - Issuance of Permit. The Director or his designee shall grant a Sidewalk Vendor permit within ten days after receiving the completed application and proof of a valid City business license if he or she finds that all of the following requirements have been met: A. The business license fees have been paid. B. The application conforms in all respects to the provisions of this Chapter. C. The applicant has not made a material misrepresentation of fact in the application. D. The applicant has not had a similar permit or license denied or revoked by the City within one year prior to the date of the application. E. The applicant has not been convicted, during the three-year period immediately preceding the issuance of the permit, of any offenses involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, Sidewalk Vending business or activity. Agenda Item No. 6. Page 86 of 201 13 F. The applicant has obtained any other applicable City or county permits, including any City or county health permit required for the preparation and sale of food products. G. The applicant has obtained a valid City business license and paid the appropriate business license fee. 5.66.050 - Denial of Permit. If the Director finds that all the requirements of section 5.64.060 of the Municipal Code have not been met, he or she shall deny the application for the Sidewalk Vendor permit. Written notification of denial of the permit application, setting forth the grounds for denial, shall be served on the applicant by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the applicant at his or her mailing address as set forth in the permit application. Notice of denial of the application shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. 5.66.060 - Conditions Imposed o n Permit. Any person issued a permit pursuant to this Chapter shall comply with all operating requirements that are imposed as part of the permit pursuant to sections 5.66.150 and 5.66.160 of this Chapter. 5.66.070 - Permit Expiration. A permit issued pursuant to this Chapter shall be effective for a period of one year from the date of issuance. 5.66.080 - Permits Nontransferable. No permit issued pursuant to this Chapter shall be transferable. 5.66.090 - Revocation of Permit. The Director may revoke a permit issued under this Chapter for any of the following reasons: A. The permitee has made a material misrepresentation in the application. B. The permitee has committed violations of this Chapter on four (4) or more separate days; C. The permittee has failed to maintain the insurance required by this Chapter; D. The permitee has failed to comply with applicable federal, state or local laws and regulations; E. The permitee has conducted the Vending in a manner which endangers the public health or safety. F. The permitee's conviction at any time of an offense involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the Agenda Item No. 6. Page 87 of 201 14 California Health and Safety Code in conjunction with, or while conducting, Sidewalk Vending business or activity. 5.66.100 - Notice of Hearing and Grounds for Revocation. Prior to the revocation of a permit issued under this Chapter, the permittee shall be notified in writing of the grounds for the revocation of the permit and a hearing shall be held thereon. Written notification of revocation of the permit, setting forth the grounds for the revocation, shall be served on the permitee by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the permittee at his or her mailing address as set forth in the permit application. Notice of revocation of the permit shall be deemed to have been served on the date it is personally served on the permitee or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. Notice of the hearing shall be given in accordance with Chapter 1.17 of the Municipal Code to the permittee at least ten (10) days prior to the hearing. 5.66.110 - Emergency Temporary Suspension of Permit. Where the conduct or the activity of the permittee creates an imminent peril to the public health or safety, a permit issued pursuant to this Chapter may be summarily suspended upon notice to the permittee, provided that the permittee shall be entitled to a hearing within three (3) days thereafter and any emergency suspension shall not exceed fifteen (15) days pending a hearing under section 5.66.100. 5.66.120 - Conduct of Hearing on Suspension or Revocation. The Director shall conduct a hearing and make the determination on the suspension or revocation of a permit. The Director may promulgate rules of procedure for such hearings, which shall recognize the right of the permittee to be heard and to call witnesses on the permittee's behalf. 5.66.130 - Decision of Hearing on Suspension or Revocation. The decision of the Director shall be rendered within ten (10) days of the close of the hearing. The decision shall be in writing and shall set forth the findings and reasons for the decision, and the permittee shall be notified in writing of his or her right to appeal to the Hearing Officer as set forth in section 5.66.140. 5.66.140 - Appeal to Hearing Officer. A. Any applicant for a permit under this Chapter, or a permittee, shall have the right to appeal from a decision by the Director to deny a permit application or to revoke a permit, by filing with the City Clerk a written notice of appeal, specifying the grounds for such appeal, within fifteen (15) days after the decision has been served on the applicant or permittee. Such appeal shall be heard by the Hearing Officer, as designated by the City Council from time to time, or by an administrative hearing officer designated by or at the request of the Hearing Officer, upon not less than fifteen (15) days’ written notice to the appellant. The Hearing Officer, as the designated administrative hearing officer, shall consider all relevant evidence at the hearing, continue the hearing for good cause, and require such legal briefing as may be required to address any issues raised by the appeal. Within a reasonable time, but not more than thirty (30) Agenda Item No. 6. Page 88 of 201 15 days following the conclusion of the hearing, the Hearing Officer or the designated administrative hearing officer shall issue a written decision affirming, denying or modifying the decision from which the appeal was taken, supported by factual findings and determinations referenced by supporting evidence. The decision of the Hearing Officer or designated administrative hearing officer shall be final. The written decision shall be served on the appellant as provided in Code of Civil Procedure section 1094.6(b), with a copy submitted to the City Clerk. The written decision shall include a notice to the appellant that the decision is subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure section 1094.6. If a timely appeal is filed, any revocation shall be stayed pending the decision of the Hearing Officer. Otherwise, the revocation shall become effective immediately upon expiration of the period for filing an appeal. B. No person whose permit is finally denied or revoked shall be eligible to apply for a new permit for a period of one (1) year following such final action. 5.66.150 - Operating Requirements. A. Except as otherwise permitted in this Chapter or the Municipal Code, no Sidewalk Vendor shall Vend in any of the following locations: 1. Any public property other than a Sidewalk, including, without limitation, streets, alleys, and City-owned parking structures; 2. Within two hundred (200) feet of any other Sidewalk Vendor; 3. Within one hundred (100) feet of a police officer, firefighter, or emergency medical personnel who is actively performing his or her duties or providing services to the public; 4. Within one hundred (100) feet of a street intersection or traffic signal; 5. Within fifteen (15) feet of a fire hydrant, fire call box, police call box, traffic signal controller, or streetlight controller; 6. Within ten (10) feet of any driveway or driveway approach; 7. Within ten (10) feet of a marked crosswalk; 8. Within ten (10) feet of the curb return of an unmarked crosswalk; 9. Within any median strip or dividing section; 10. Within two hundred (200) feet of a Police Station or Fire Station. B. Sidewalk Vendors must at all times maintain a clearance of not less than forty-eight (48) inches on all Sidewalks so aswithin a sidewalk sufficient to enable persons to freely pass while walking, running, or using mobility assistance devices. C. Sidewalk Vending is permitted only between the hours of 8:00 a.m. and 9:00 p.m. or one-half hour after sunset, whichever comes first, except that the hours of operation shall not be more restrictive than the hours of operation imposed on other businesses or uses on the same street. Agenda Item No. 6. Page 89 of 201 16 D. If a Sidewalk Vendor of Food other than solely prepacked Food, the Vendor shall possess hand sanitizer for use by the Sidewalk Vendor and patrons. E. If a Stationary Sidewalk Vendor, the Vendor shall maintain a clearly designated litter receptacle in the immediate vicinity, marked with a sign requesting use by patrons. The litter receptacle must be large enough to accommodate customer litter without resort to existing litter receptacles located on any block for use by the general public. The Vendor's litter receptacle may not be left on the Sidewalk upon leaving any Vending location. F. If a Roaming Sidewalk Vendor Vending from a Vending Cart, the Vendor shall maintain a litter receptacle attached to the Vending Cart large enough to accommodate customer litter without resort to existing litter receptacles located on any block for use by the general public and marked with a sign requesting use by patrons. G. Sidewalk Vendors shall maintain a neat, sanitary, hazard and trash-free ten (10) foot radius of the Vending location during hours of operation, and prior to leaving any Vending location, the Sidewalk Vendor shall pick up, remove, and dispose of all litter generated by the Vending operations within a ten (10) foot radius of the Vending location in the Sidewalk Vendor's litter receptacle. Sidewalk Vendors shall not throw, deposit, or leave, or permit to be thrown, deposited, or left, any litter, Food, or other discarded or abandoned objects, in or upon any street, Sidewalk, gutter, storm drain, inlet, catch basin, or other drainage structure, or upon any public or private land in the City, so that the same might be or become a pollutant. H. Sidewalk Vendors shall immediately clean up any Food, grease or other fluid or item related to Sidewalk Vending activities that falls on public property. I. If a Stationary Sidewalk Vendor remains in place for one (1) hour or longer, the Sidewalk Vendor must be located within three hundred (300) feet of a publicly-accessible restroom. J. Sidewalk Vendors must ensure that Food and Merchandise are securely fastened to the Vending Cart in such a manner that the Food or Merchandise does not fall off or extend outside of the frame of the Vending Cart. K. All Food and Merchandise shall be stored either inside or affixed to the Vending Cart or carried by the Sidewalk Vendor. L. Vending Carts shall not be placed on any public property other than a Sidewalk. M. Vending Carts shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to poles, signs, trees, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers, or other objects on public property or in the public right-of-way. P. All signage and advertising related in any way to the Sidewalk Vendor must be attached to the Vending Cart or the Sidewalk Vendor's person, and shall not be electrical, flashing, wind-powered or animated. Q. A Vending Cart approved by the Riverside County Department of Environmental Health to Vend one type or types of Food may not be used to Vend a different type of Food. Agenda Item No. 6. Page 90 of 201 17 R. Sidewalk Vendors shall possess at all times, while Vending, a copy of a valid current permit issued pursuant to this Chapter, as well as any other permit required by any other appropriate governmental agency. The Sidewalk Vendor permit shall be displayed conspicuously at all times on the Vending Cart or the Sidewalk Vendor's person. If multiple Sidewalk Vendors are staffing a Vending Cart or working as Roaming Sidewalk Vendors, each person shall wear their permit on their person in a conspicuous manner. With respect to all other required permits, the Sidewalk Vendor shall display a copy of the permit upon request by authorized City employees. S. If a Sidewalk Vendor of Food, the Vendor shall possess and display in plain view on the Vending Cart a valid current Mobile Food Facility permit from Riverside County Department of Public Health and, if issued by the Riverside County Department of Environmental Health, a grade. T. Sidewalk Vendors shall comply with all applicable state and local laws, as amended from time to time, including without limitation, Chapter 9.02 (Noise Control) of the Municipal Code, Chapter 9.36 (Panhandling, Soliciting and Aggressive Solicitation the Municipal Code (Aggressive Solicitation), Chapter 8.04 (Food Handlers) of the Municipal Code, applicable California Health and Safety Code and Riverside County Ordinances, state Food labeling and preparation requirements, fire codes and regulations, and the Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards (both state and federal). U. Not including an attached litter receptacle, Vending Carts shall not exceed a length of four (4) feet, a width of four (4) feet, or a height, including a roof, umbrella, or awning, of ten (10) feet provided that any umbrella or awning shall be no less than seven (7) feet above the surface of the Sidewalk. V. Vending Carts shall not be accompanied by accessories, including, but not limited to, tables, chairs, benches and umbrellas except that one chair and one umbrella may be provided for the purpose of allowing the Vendor or an employee to be seated in shade. W. Vending Carts for Merchandise, if stored in the City, shall be fully enclosed by a structure with walls and a roof when not in use for Sidewalk Vending. X. Vending Carts for Food shall be stored in accordance with all requirements of the Riverside County Department of Public Health and the City’s Health Department. Y. Vending Carts shall have locking wheels to prevent uncontrolled movement. Z. Vending Carts shall not be left unattended. AA. Vending Carts shall not be left overnight on any public property or rights-of-way. BB. Sidewalk Vendors shall not engage in any of the following activities: 1. Vending lottery tickets, alcohol, cannabis, adult oriented material, or tobacco or electronic cigarette products; 2. Vending illegal or counterfeit Merchandise; Agenda Item No. 6. Page 91 of 201 18 3. Damaging public or private property, including trees, shrubs, grass, flowers, plants or vegetation; 4. Causing vehicles to stop in traffic lanes or persons to stand in traffic lanes or parking spaces; or 5. Vending in a manner that blocks or obstructs the free movement of vehicles, including Parked vehicles. 5.66.160 - Identification Card. Every Sidewalk Vendor shall obtain a food handler card issued by the Riverside County Department of Environmental Health, and shall have the food handler card and a valid and current photo identification card in their possession at all times when engaged in Sidewalk Vending. The food handler card shall be displayed to any police officer or other authorized City employee upon request of such police officer or authorized City employee. 5.66.170 - Administrative Citations. A. In accordance with Government Code section 51039, a violation of this Chapter by a Sidewalk Vendor who has a valid current permit issued by the City pursuant to this Chapter is punishable only by an administrative citation, in amounts not to exceed the following: 1. One hundred dollars ($100) for a first violation. 2. Two hundred dollars ($200) for a second violation within one year of the first violation. 3. Five hundred dollars ($500) for each additional violation within one year of the first violation. 4. The City may revoke a permit issued to a Sidewalk Vendor for the term of that permit upon the fourth violation or subsequent violations. B. In accordance with Government Code section 51039, a violation of this Chapter by a person engaged in Sidewalk Vending without a valid current permit issued pursuant to this Chapter is punishable only by an administrative citation, in amounts not to exceed the following, in lieu of the amounts set forth in paragraph A: 1. Two hundred fifty dollars ($250) for a first violation. or his or her designee. 2. Five hundred dollars ($500) for a second violation within one year of the first violation. 3. One thousand dollars ($1,000) for each additional violation within one year of the first violation. 4. Upon proof of a valid permit issued by the City pursuant to this article, the administrative citations set forth in this paragraph shall be reduced to the amounts set forth in paragraph A. Formatted: Font Alignment: Auto Agenda Item No. 6. Page 92 of 201 19 5. It shall constitute a new and separate offense for each and every hour during any portion of which a violation of, or failure to comply with, any provision or requirement of this Chapter is committed, continued, or permitted by any person. 6. A violation of this Chapter shall not be punishable as an infraction or misdemeanor and a person alleged to have violated any provision of this Chapter shall not be subject to arrest except when permitted under law. Further, failure to pay an administrative citation issued pursuant to this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed. 7. When assessing administrative citations pursuant to this Chapter, the administrative hearing officer shall take into consideration the person's ability to pay the fine. The administrative hearing officer shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. 8. If the person meets the criteria described in subdivision (a) or (b) of California Government Code section 68632, the City shall accept, in full satisfaction, twenty percent (20%) of an administrative citation imposed pursuant to this Chapter. 9. The administrative hearing officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition." Section 5. Severability. If any sentence, word, phrase, section or provision of this ordinance is held invalid by a court of competent jurisdiction, such provision shall be considered a separate, distinct and independent provision and such holding shall not affect the validity and enforceability of the other provisions of this ordinance. Section 6. Publication and Certification. The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this ordinance, and shall cause this ordinance and certification, together with proof of publication, to be entered in the book of ordinances of the Council of this City. Section 7. Effective Date. This ordinance shall take effect thirty-one days after its adoption. 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 _____ day of August, 2019, by the following roll call vote: AYES: Agenda Item No. 6. Page 93 of 201 20 NOES: ABSENT: ABSTAIN: Agenda Item No. 6. Page 94 of 201 21 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the _____ day of _________, 2019. AYES: NOES: ABSENT: ABSTAIN: _______________________________ Julio Martinez, III, Mayor Attest: _______________________________ Deputy City Clerk Approved as to form: _______________________________ John O. Pinkney, City Attorney Agenda Item No. 6. Page 95 of 201 Page 96 of 201 1 ORDINANCE NO. __ AN ORDINANCE OF THE CITY OF BEAUMONT AMENDING THE BEAUMONT MUNICIPAL CODE TO REPEAL CHAPTER 5.64 AND REPLACE WITH A NEW CHAPTER 5.64 ENTITLED “PEDDLERS,” AND TO ADD CHAPTER 5.66, A SIDEWALK VENDING PROGRAM, AND MAKING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF BEAUMONT HEREBY ORDAINS AS FOLLOWS: Section 1. Findings. (a) Senate Bill 946 was signed into law on September 17, 2018, and took effect on January 1, 2019. (b) Senate Bill 946, which is codified at Chapter 6.2 (commencing with Section 51036) of Part 1 of Division 1 of Title 5 of the California Government Code, limits the authority of cities and counties to regulate Sidewalk Vendors except in accordance with the provisions of California Government Code Sections 51038 and 51039. (c) The Beaumont Municipal Code (“Municipal Code”) currently regulates Sidewalk Vendors in a manner that is inconsistent with Senate Bill 946. (d) Chapter 5.64 of the Municipal Code, Commercial Peddlers, Solicitors and Itinerant Merchants, is no longer consistent with current modes of commerce and is inconsistent with current law. (e) The City desires to amend its Municipal Code to (1) repeal and replace chapter 5.64, (2) adopt a sidewalk vending program, and (3) ensure compliance with Senate Bill 946. (f) Regulation of sidewalk vending will benefit the City as a whole as it will lead to orderly commerce while encouraging entrepreneurship and providing economic opportunity for people to support themselves and their families. (g) The act of vending on public sidewalks, pedestrian paths or pedestrian walkways creates the potential for safety hazards, such as, but not limited to, inhibiting the ability of disabled individuals and other pedestrians to follow a safe path of travel; interfering with the performance of police, firefighter and emergency medical personnel services; encouraging pedestrians to cross mid-block or stand in roadways to purchase food and merchandise; and creating obstacles and contributing to congestion for pedestrian, vehicle, and bicycle traffic. (h) Regulations of sidewalk vendors are needed to accommodate sidewalk vendors' equipment while safeguarding pedestrian movement on public sidewalks, parkways, pedestrian paths or walkways, and other public rights-of-way. (i) Regulations of sidewalk vendors engaged in the sale of food and food products are needed to protect the public health and safety by ensuring that sidewalk vendors prepare Agenda Item No. 6. Page 97 of 201 2 food safely and in accordance with the requirements of the Riverside County Department of Public Health and the City’s Health Department. (j) Regulations of sidewalk vendors are needed to prevent hazardous or unsanitary conditions and to ensure that trash and debris are removed by sidewalk vendors and do not become a pollutant. (j) The City Council adopts this ordinance under the authority provided in Senate Bill 946 and Government Code Sections 51036 through 51039 and finds that the time, place, and manner regulations and requirements provided herein are directly related to the City's purpose of protecting the health, safety and welfare of its residents, businesses and visitors, including ensuring compliance with the American with Disabilities Act of 1990 (Public Law 101- 336) and other disability standards; ensuring the public's use and enjoyment of natural resources and recreational opportunities; and preventing an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of City parks. Section 2. CEQA. The City Council hereby finds and determines that this ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq,) ("CEQA") pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility that it may have a significant effect on the environment, and because it is not a "project" as that term is defined in Section 15378 of the State CEQA Guidelines. Section 3. Repeal and Replace Chapter 5.64. The City Council hereby repeals Chapter 5.64 of the Municipal Code, Commercial Peddlers, Solicitors and Itinerant Merchants, in its entirety, and replaces with a new Chapter 5.64 entitled “Peddlers” to read as follows: “Chapter 5.64. Peddlers 5.64.010 – Definitions. 5.64.020 - Permit Required. 5.64.030 - Permit Application. 5.64.040 - Issuance of Permit. 5.64.050 - Denial of Permit. 5.64.060 - Conditions Imposed on Permit. 5.64.070 - Permit Expiration. 5.64.080 - Permits Nontransferable. 5.64.090 - Revocation of Permit. 5.64.100 - Notice of Hearing and Grounds for Revocation. 5.64.110 - Emergency Temporary Suspension of Permit. 5.64.120 - Conduct of Hearing on Suspension or Revocation. 5.64.130 - Decision of Hearing on Suspension or Revocation. 5.64.140 - Appeal to Hearing Officer. 5.64.150 - Operating Requirements. 5.64.160 - Identification Card. 5.64.170 - Administrative Citations. 5.64.180 - Exemptions. Agenda Item No. 6. Page 98 of 201 3 5.64.010 – Definitions. For purposes of this Chapter, the following definitions apply unless the context in which they are used clearly requires otherwise: “Chief of Police”: The Chief of Police of the City or his or her designee. “Director”: The Planning Director of the City or his or her designee. “Food”: Any type of raw, cooked, or processed edible substance, including any food product or beverage. “Merchandise”: goods, wares, merchandise, meats, fish, vegetables, fruits, farm products, or prepared foods. "Peddler": shall mean any person, traveling by foot, automotive vehicle, or any other type of conveyance from place to place, house to house, or from street to street carrying, conveying, or transporting Merchandise and offering and exposing the same for sale, or making sales and delivering articles to purchasers, or any person who traveling from place to place, shall sell or offer for sale such Merchandise from an automotive vehicle, or other vehicle or conveyance; or any person who solicits orders and as a separate transaction makes deliveries to purchaser. "Peddler" shall not include a person engaged in, conducting or carrying on the business of vending on a sidewalk, pursuant to a valid permit issued pursuant to Chapter 5.66. “Temporary Special Permit”: A permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, outdoor concerts, festivals, carnivals, and street fairs. “Vend” or “Vending”: To barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase, Food or Merchandise, or to require someone to negotiate, establish, or pay a fee before providing Food or Merchandise, even if characterized as a donation. 5.64.020 - Permit Required. No person shall engage in, conduct, or carry on the business of Vending as a Peddler without a permit issued under the provisions of this Chapter. 5.64.030 - Permit Application. Every person, prior to engaging in, conducting, or carrying on the business of a Peddler, shall file an application for a permit with the Director or his or her designee, accompanied by a nonrefundable processing fee in an amount established by resolution of the City Council. The application shall be in a form prescribed by the Director and shall contain, at a minimum, the following: A. The legal name, current mailing address and telephone number of the applicant; B. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal; Agenda Item No. 6. Page 99 of 201 4 C. A copy of a California's driver's license or identification number, an individual taxpayer identification number, or a social security number. The number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order; D. A description of the Merchandise; E. A current valid California seller's permit number pursuant to Section 6067 of the California Revenue and Taxation Code; F. If a Vendor of Food, a Food Handler Certificate issued by the Riverside County Department of Environmental Health and other applicable requirements of the County. G. An agreement by the applicant to indemnify and hold harmless the City, its officers and employees, for any damage or injury caused to the City as a result of the Peddler conduct or activity; H. Certification by the applicant, under penalty of perjury, that the information contained in the application is true to his or her knowledge and belief; and I. Any other reasonable information regarding the time, place, and manner of the proposed Peddler activities. J. The applicant's consent to a fingerprint check by the Chief of Police or his designee. Applications for permits shall be filed a minimum of thirty (30) days prior to the date requested for issuance of the permit. Renewal permit applications shall be filed a minimum of thirty (30) days prior to the expiration of any existing permit. 5.64.040 - Issuance of Permit. The Director or his designee shall grant a Peddler permit within ten days after receiving the completed application and proof of a valid City business license if he or she finds that all of the following requirements have been met: A. The business license fees have been paid. B. The application conforms in all respects to the provisions of this Chapter. C. The applicant has not made a material misrepresentation of fact in the application. D. The applicant has not had a similar permit or license denied or revoked by the City within one year prior to the date of the application. E. The applicant has not been convicted, during the three-year period immediately preceding the issuance of the permit, of any offenses involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, business or activity as a Peddler. Agenda Item No. 6. Page 100 of 201 5 F. The applicant has obtained any other applicable City or county permits, including any City or county health permit required for the preparation and sale of food products. G. The applicant has obtained a valid City business license and paid the appropriate business license fee. 5.64.050 - Denial of Permit. If the Director or his designee finds that all the requirements of section 5.64.060 of the Municipal Code have not been met, he or she shall deny the application for the Peddler permit. Written notification of denial of the permit application, setting forth the grounds for denial, shall be served on the applicant by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the applicant at his or her mailing address as set forth in the permit application. Notice of denial of the application shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. 5.64.060 - Conditions Imposed o n Permit. Any person issued a permit pursuant to this Chapter shall comply with all operating requirements that are imposed as part of the permit pursuant to sections 5.64.150 and 5.64.160 of this Chapter. 5.64.070 - Permit Expiration. A permit issued pursuant to this Chapter shall be effective for a period of one year from the date of issuance. 5.64.080 - Permits Nontransferable. No permit issued pursuant to this Chapter shall be transferable. 5.64.090 - Revocation of Permit. The Director may revoke a permit issued under this Chapter for any of the following reasons: A. The permitee has made a material misrepresentation in the application. B. The permitee has committed violations of this Chapter on four (4) or more separate days; C. The permittee has failed to maintain the insurance required by this Chapter; D. The permitee has failed to comply with applicable federal, state or local laws and regulations; E. The permitee has conducted the Vending in a manner which endangers the public health or safety. Agenda Item No. 6. Page 101 of 201 6 F. The permitee's conviction at any time of an offense involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, Peddler business or activity. 5.64.100 - Notice of Hearing and Grounds for Revocation. Prior to the revocation of a permit issued under this Chapter, the permittee shall be notified in writing of the grounds for the revocation of the permit and a hearing shall be held thereon. Written notification of revocation of the permit, setting forth the grounds for the revocation, shall be served on the permitee by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the permittee at his or her mailing address as set forth in the permit application. Notice of revocation of the permit shall be deemed to have been served on the date it is personally served on the permitee or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. Notice of the hearing shall be given in accordance with Chapter 1.17 of the Municipal Code to the permittee at least ten (10) days prior to the hearing. 5.64.110 - Emergency Temporary Suspension of Permit. Where the conduct or the activity of the permittee creates an imminent peril to the public health or safety, a permit issued pursuant to this Chapter may be summarily suspended upon notice to the permittee, provided that the permittee shall be entitled to a hearing within three (3) days thereafter and any emergency suspension shall not exceed fifteen (15) days pending a hearing under section 5.64.100. 5.64.120 - Conduct of Hearing on Suspension or Revocation. The Director shall conduct a hearing and make the determination on the suspension or revocation of a permit. The Director may promulgate rules of procedure for such hearings, which shall recognize the right of the permittee to be heard and to call witnesses on the permittee's behalf. 5.64.130 - Decision of Hearing on Suspension or Revocation. The decision of the Director shall be rendered within ten (10) days of the close of the hearing. The decision shall be in writing and shall set forth the findings and reasons for the decision, and the permittee shall be notified in writing of his or her right to appeal to the Hearing Officer as set forth in section 5.64.140. 5.64.140 Appeal to Hearing Officer. A. Any applicant for a permit under this Chapter, or a permittee, shall have the right to appeal from a decision by the Director to deny a permit application or to revoke a permit, by filing with the City Clerk a written notice of appeal, specifying the grounds for such appeal, within fifteen (15) days after the decision has been served on the applicant or permittee. Such appeal shall be heard by the Hearing Officer, as designated by the City Council from time to time, or by an administrative hearing officer designated by or at the request of the Hearing Officer, upon not less than fifteen (15) days’ written notice to the appellant. The Hearing Officer, as the designated administrative hearing officer, shall consider all relevant evidence at the hearing, continue the hearing for good cause, and require such legal briefing as may be required to address any issues raised by the appeal. Within a reasonable time, but not more than thirty (30) Agenda Item No. 6. Page 102 of 201 7 days following the conclusion of the hearing, the Hearing Officer or the designated administrative hearing officer shall issue a written decision affirming, denying or modifying the decision from which the appeal was taken, supported by factual findings and determinations referenced by supporting evidence. The decision of the Hearing Officer or designated administrative hearing officer shall be final. The written decision shall be served on the appellant as provided in Code of Civil Procedure section 1094.6(b), with a copy submitted to the City Clerk. The written decision shall include a notice to the appellant that the decision is subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure section 1094.6. If a timely appeal is filed, any revocation shall be stayed pending the decision of the Hearing Officer. Otherwise, the revocation shall become effective immediately upon expiration of the period for filing an appeal. B. No person whose permit is finally denied or revoked shall be eligible to apply for a new permit for a period of one (1) year following such final action. 5.64.150 - Operating Requirements. A. Except as otherwise permitted in this Chapter or the Municipal Code, no Peddler shall Vend in the following locations: 1. Any public property, including, without limitation, streets, alleys, and City- owned parking structures; 2. Within one hundred (100) feet of a police officer, firefighter, or emergency medical personnel who is actively performing his or her duties or providing services to the public; 3. Within one hundred (100) feet of a street intersection or traffic signal; 4. Within fifteen (15) feet of a fire hydrant, fire call box, police call box, traffic signal controller, or streetlight controller; 5. Within ten (10) feet of any driveway or driveway approach; 6. Within ten (10) feet of a marked crosswalk; 7. Within ten (10) feet of the curb return of an unmarked crosswalk; 8. Within any median strip or dividing section; 9. Within two hundred (200) feet of a Police Station or Fire Station. B. Vending is permitted only between the hours of 8:00 a.m. and 9:00 p.m. or one-half hour after sunset, whichever comes first, except that the hours of operation shall not be more restrictive than the hours of operation imposed on other businesses or uses on the same street. C. Peddlers shall possess at all times, while Vending, a copy of a valid current permit issued pursuant to this Chapter, as well as any other permit required by any other appropriate governmental agency. The Peddler shall display a copy of the permit upon request by authorized City employees. Agenda Item No. 6. Page 103 of 201 8 D. If a Peddler of Food, the Peddler shall possess and display in plain view on a valid current Mobile Food Facility permit from Riverside County Department of Public Health and, if issued by the Riverside County Department of Environmental Health, a grade. E. Peddlers shall comply with all applicable state and local laws, as amended from time to time, including without limitation, Chapter 9.02 (Noise Control) of the Municipal Code, Chapter 9.36 (Panhandling, Soliciting and Aggressive Solicitation the Municipal Code (Aggressive Solicitation), Chapter 8.04 (Food Handlers) of the Municipal Code, applicable California Health and Safety Code and Riverside County Ordinances, state Food labeling and preparation requirements, fire codes and regulations, and the Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards (both state and federal). F. Peddlers shall not engage in any of the following activities: 1. Vending lottery tickets, alcohol, cannabis, adult oriented material, or tobacco or electronic cigarette products; 2. Vending illegal or counterfeit Merchandise; 3. Damaging public or private property, including trees, shrubs, grass, flowers, plants or vegetation; 4. Causing vehicles to stop in traffic lanes or persons to stand in traffic lanes or parking spaces; or 5. Vending in a manner that blocks or obstructs the free movement of vehicles, including Parked vehicles. 6. Where food of any kind is dispensed from a vehicle, pushcart or other conveyance, shall maintain a clearly designated litter receptacle in the immediate vicinity, marked with a sign requested use by patrons; and provided further, prior to leaving the location, shall pick up, remove, and dispose of all trash or refuse which consists of materials originally dispensed by that person, including any packages or containers, or parts thereof, used with or for dispensing such food. 5.64.160 - Identification Card. Every Peddler that Vends Food shall obtain a food handler card issued by the Riverside County Department of Environmental Health, and shall have the food handler card and a valid and current photo identification card in their possession at all times when engaged Peddler activity. The food handler card shall be displayed to any police officer or other authorized City employee upon request of such police officer or authorized City employee. 5.64.170 - Administrative Citations. A. In accordance with Government Code section 51039, a violation of this Chapter by a Peddler who has a valid current permit issued by the City pursuant to this Chapter is punishable only by an administrative citation, in amounts not to exceed the following: 1. One hundred dollars ($100) for a first violation. Agenda Item No. 6. Page 104 of 201 9 2. Two hundred dollars ($200) for a second violation within one year of the first violation. 3. Five hundred dollars ($500) for each additional violation within one year of the first violation. 4. The City may revoke a permit issued to a Peddler for the term of that permit upon the fourth violation or subsequent violations. B. In accordance with Government Code section 51039, a violation of this Chapter by a person engaged in Peddler activity without a valid current permit issued pursuant to this Chapter is punishable only by an administrative citation, in amounts not to exceed the following, in lieu of the amounts set forth in paragraph A: 1. Two hundred fifty dollars ($250) for a first violation. 2. Five hundred dollars ($500) for a second violation within one year of the first violation. 3. One thousand dollars ($1,000) for each additional violation within one year of the first violation. 4. Upon proof of a valid permit issued by the City pursuant to this article, the administrative citations set forth in this paragraph shall be reduced to the amounts set forth in paragraph A. C. It shall constitute a new and separate offense for each and every hour during any portion of which a violation of, or failure to comply with, any provision or requirement of this Chapter is committed, continued, or permitted by any person. D. A violation of this Chapter shall not be punishable as an infraction or misdemeanor and a person alleged to have violated any provision of this Chapter shall not be subject to arrest except when permitted under law. Further, failure to pay an administrative citation issued pursuant to this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed. E. When assessing administrative citations pursuant to this Chapter, the administrative hearing officer shall take into consideration the person's ability to pay the fine. The administrative hearing officer shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. F. If the person meets the criteria described in subdivision (a) or (b) of California Government Code section 68632, the City shall accept, in full satisfaction, twenty percent (20%) of an administrative citation imposed pursuant to this Chapter. Agenda Item No. 6. Page 105 of 201 10 G. The administrative hearing officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition." 5.64.180 – Exemptions. The provisions of this Chapter shall not apply to transporting property owned or handled on consignment by the agents or employees of an established place of business, where such transportation is incidental to such business, and when such property is being transported to or from such established place of business. "Established place of business" shall mean any permanent warehouse, building, structure, or outdoor vending business which is owned or leased, and at which the owner or lessee carries on a legitimate permanent business in good faith and at which stocks of the goods transported are produced, stored, or kept in quantities usually carried and reasonably adequate to meet the requirements of the business.” Section 4. Addition of New Chapter 5.66. The City Council hereby adds a new Chapter 5.66 to Title 5 ("BUSINESS TAXES, LICENSES AND REGULATIONS ") of the Municipal Code to read as follows: "Chapter 5.66. Sidewalk Vending 5.66.010 – Definitions. 5.66.020 - Permit Required. 5.66.030 - Permit Application. 5.66.040 - Issuance of Permit. 5.66.050 - Denial of Permit. 5.66.060 - Conditions Imposed on Permit. 5.66.070 - Permit Expiration. 5.66.080 - Permits Nontransferable. 5.66.090 - Revocation of Permit. 5.66.100 - Notice of Hearing and Grounds for Revocation. 5.66.110 - Emergency Temporary Suspension of Permit. 5.66.120 - Conduct of Hearing on Suspension or Revocation. 5.66.130 - Decision of Hearing on Suspension or Revocation. 5.66.140 - Appeal to Hearing Officer. 5.66.150 - Operating Requirements. 5.66.160 - Administrative Citations. 5.66.010 - Definitions. For purposes of this Chapter, the following definitions apply unless the context in which they are used clearly requires otherwise: “Chief of Police”: The Chief of Police of the City or his or her designee. “Director”: The Planning Director of the City or his or her designee. “Fire Station”: Any facility where fire engines and other equipment of the City's Fire Department are housed. “Food”: Any type of raw, cooked, or processed edible substance, including any food product or beverage. Agenda Item No. 6. Page 106 of 201 11 “Merchandise”: Any tangible goods or items that are not Food. “Park”: A public park shall mean any park open to the public located within the City and includes all Sidewalks and parking lots located within or on the perimeter of a public park. “Police Station”: Any facility where police vehicles and other equipment of the City's Police Department are housed. “Roaming Sidewalk Vendor”: A Sidewalk Vendor who moves from place to place and stops only to complete a transaction. “Sidewalk”: A public sidewalk or paved pedestrian path or walkway specifically designed for pedestrian travel. “Sidewalk Vendor”: A person who Vends from a Vending cart or from one's person, upon a Sidewalk. “Stationary Sidewalk Vendor”: A Sidewalk Vendor who Vends from a fixed location. “Temporary Special Permit”: A permit issued by the City for the temporary use of, or encroachment on, the Sidewalk or other public area, including but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, outdoor concerts, festivals, carnivals, and street fairs. “Vend” or “Vending”: To barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase, Food or Merchandise, or to require someone to negotiate, establish, or pay a fee before providing Food or Merchandise, even if characterized as a donation. “Vending Cart”: A pushcart, stand, display, pedal-driven Cart, wagon, showcase, rack, or other non-motorized conveyance used for Vending, that is not a vehicle as defined in the California Vehicle Code. 5.66.020 - Permit Required. No person shall engage in, conduct, or carry on the business of Vending on a Sidewalk without a permit issued under the provisions of this Chapter. 5.66.030 - Permit Application. Every person, prior to engaging in, conducting, or carrying on the business of Vending on a Sidewalk, shall file an application for a permit with the Director, accompanied by a nonrefundable processing fee in an amount established by resolution of the City Council. The application shall be in a form prescribed by the Director and shall contain, at a minimum, the following: A. The legal name, current mailing address and telephone number of the applicant; B. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal; Agenda Item No. 6. Page 107 of 201 12 C. A copy of a California's driver's license or identification number, an individual taxpayer identification number, or a social security number. The number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order; D. A description of the Food and/or Merchandise for Vending; E. The dimensions of the Vending Cart; F. A current valid California seller's permit number pursuant to Section 6067 of the California Revenue and Taxation Code; G. If a Vendor of Food, a Food Handler Certificate issued by the Riverside County Department of Environmental Health and other applicable requirements of the County. H. An agreement by the applicant to indemnify and hold harmless the City, its officers and employees, for any damage or injury caused to the City as a result of the Sidewalk Vending conduct or activity; I. Certification by the applicant, under penalty of perjury, that the information contained in the application is true to his or her knowledge and belief; and J. Any other reasonable information regarding the time, place, and manner of the proposed Sidewalk Vending activities. Applications for permits shall be filed a minimum of thirty (30) days prior to the date requested for issuance of the permit. Renewal permit applications shall be filed a minimum of thirty (30) days prior to the expiration of any existing permit. 5.66.040 - Issuance of Permit. The Director or his designee shall grant a Sidewalk Vendor permit within ten days after receiving the completed application and proof of a valid City business license if he or she finds that all of the following requirements have been met: A. The business license fees have been paid. B. The application conforms in all respects to the provisions of this Chapter. C. The applicant has not made a material misrepresentation of fact in the application. D. The applicant has not had a similar permit or license denied or revoked by the City within one year prior to the date of the application. E. The applicant has not been convicted, during the three-year period immediately preceding the issuance of the permit, of any offenses involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, Sidewalk Vending business or activity. F. The applicant has obtained any other applicable City or county permits, including any City or county health permit required for the preparation and sale of food products. Agenda Item No. 6. Page 108 of 201 13 G. The applicant has obtained a valid City business license and paid the appropriate business license fee. 5.66.050 - Denial of Permit. If the Director finds that all the requirements of section 5.64.060 of the Municipal Code have not been met, he or she shall deny the application for the Sidewalk Vendor permit. Written notification of denial of the permit application, setting forth the grounds for denial, shall be served on the applicant by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the applicant at his or her mailing address as set forth in the permit application. Notice of denial of the application shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. 5.66.060 - Conditions Imposed o n Permit. Any person issued a permit pursuant to this Chapter shall comply with all operating requirements that are imposed as part of the permit pursuant to sections 5.66.150 and 5.66.160 of this Chapter. 5.66.070 - Permit Expiration. A permit issued pursuant to this Chapter shall be effective for a period of one year from the date of issuance. 5.66.080 - Permits Nontransferable. No permit issued pursuant to this Chapter shall be transferable. 5.66.090 - Revocation of Permit. The Director may revoke a permit issued under this Chapter for any of the following reasons: A. The permitee has made a material misrepresentation in the application. B. The permitee has committed violations of this Chapter on four (4) or more separate days; C. The permittee has failed to maintain the insurance required by this Chapter; D. The permitee has failed to comply with applicable federal, state or local laws and regulations; E. The permitee has conducted the Vending in a manner which endangers the public health or safety. F. The permitee's conviction at any time of an offense involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, Sidewalk Vending business or activity. Agenda Item No. 6. Page 109 of 201 14 5.66.100 - Notice of Hearing and Grounds for Revocation. Prior to the revocation of a permit issued under this Chapter, the permittee shall be notified in writing of the grounds for the revocation of the permit and a hearing shall be held thereon. Written notification of revocation of the permit, setting forth the grounds for the revocation, shall be served on the permitee by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the permittee at his or her mailing address as set forth in the permit application. Notice of revocation of the permit shall be deemed to have been served on the date it is personally served on the permitee or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. Notice of the hearing shall be given in accordance with Chapter 1.17 of the Municipal Code to the permittee at least ten (10) days prior to the hearing. 5.66.110 - Emergency Temporary Suspension of Permit. Where the conduct or the activity of the permittee creates an imminent peril to the public health or safety, a permit issued pursuant to this Chapter may be summarily suspended upon notice to the permittee, provided that the permittee shall be entitled to a hearing within three (3) days thereafter and any emergency suspension shall not exceed fifteen (15) days pending a hearing under section 5.66.100. 5.66.120 - Conduct of Hearing on Suspension or Revocation. The Director shall conduct a hearing and make the determination on the suspension or revocation of a permit. The Director may promulgate rules of procedure for such hearings, which shall recognize the right of the permittee to be heard and to call witnesses on the permittee's behalf. 5.66.130 - Decision of Hearing on Suspension or Revocation. The decision of the Director shall be rendered within ten (10) days of the close of the hearing. The decision shall be in writing and shall set forth the findings and reasons for the decision, and the permittee shall be notified in writing of his or her right to appeal to the Hearing Officer as set forth in section 5.66.140. 5.66.140 - Appeal to Hearing Officer. A. Any applicant for a permit under this Chapter, or a permittee, shall have the right to appeal from a decision by the Director to deny a permit application or to revoke a permit, by filing with the City Clerk a written notice of appeal, specifying the grounds for such appeal, within fifteen (15) days after the decision has been served on the applicant or permittee. Such appeal shall be heard by the Hearing Officer, as designated by the City Council from time to time, or by an administrative hearing officer designated by or at the request of the Hearing Officer, upon not less than fifteen (15) days’ written notice to the appellant. The Hearing Officer, as the designated administrative hearing officer, shall consider all relevant evidence at the hearing, continue the hearing for good cause, and require such legal briefing as may be required to address any issues raised by the appeal. Within a reasonable time, but not more than thirty (30) days following the conclusion of the hearing, the Hearing Officer or the designated administrative hearing officer shall issue a written decision affirming, denying or modifying the decision from which the appeal was taken, supported by factual findings and determinations Agenda Item No. 6. Page 110 of 201 15 referenced by supporting evidence. The decision of the Hearing Officer or designated administrative hearing officer shall be final. The written decision shall be served on the appellant as provided in Code of Civil Procedure section 1094.6(b), with a copy submitted to the City Clerk. The written decision shall include a notice to the appellant that the decision is subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure section 1094.6. If a timely appeal is filed, any revocation shall be stayed pending the decision of the Hearing Officer. Otherwise, the revocation shall become effective immediately upon expiration of the period for filing an appeal. B. No person whose permit is finally denied or revoked shall be eligible to apply for a new permit for a period of one (1) year following such final action. 5.66.150 - Operating Requirements. A. Except as otherwise permitted in this Chapter or the Municipal Code, no Sidewalk Vendor shall Vend in any of the following locations: 1. Any public property other than a Sidewalk, including, without limitation, streets, alleys, and City-owned parking structures; 2. Within two hundred (200) feet of any other Sidewalk Vendor; 3. Within one hundred (100) feet of a police officer, firefighter, or emergency medical personnel who is actively performing his or her duties or providing services to the public; 4. Within one hundred (100) feet of a street intersection or traffic signal; 5. Within fifteen (15) feet of a fire hydrant, fire call box, police call box, traffic signal controller, or streetlight controller; 6. Within ten (10) feet of any driveway or driveway approach; 7. Within ten (10) feet of a marked crosswalk; 8. Within ten (10) feet of the curb return of an unmarked crosswalk; 9. Within any median strip or dividing section; 10. Within two hundred (200) feet of a Police Station or Fire Station. B. Sidewalk Vendors must at all times maintain a clearance within a sidewalk sufficient to enable persons to freely pass while walking, running, or using mobility assistance devices. C. Sidewalk Vending is permitted only between the hours of 8:00 a.m. and 9:00 p.m. or one-half hour after sunset, whichever comes first, except that the hours of operation shall not be more restrictive than the hours of operation imposed on other businesses or uses on the same street. D. If a Sidewalk Vendor of Food other than solely prepacked Food, the Vendor shall possess hand sanitizer for use by the Sidewalk Vendor and patrons. Agenda Item No. 6. Page 111 of 201 16 E. If a Stationary Sidewalk Vendor, the Vendor shall maintain a clearly designated litter receptacle in the immediate vicinity, marked with a sign requesting use by patrons. The litter receptacle must be large enough to accommodate customer litter without resort to existing litter receptacles located on any block for use by the general public. The Vendor's litter receptacle may not be left on the Sidewalk upon leaving any Vending location. F. If a Roaming Sidewalk Vendor Vending from a Vending Cart, the Vendor shall maintain a litter receptacle attached to the Vending Cart large enough to accommodate customer litter without resort to existing litter receptacles located on any block for use by the general public and marked with a sign requesting use by patrons. G. Sidewalk Vendors shall maintain a neat, sanitary, hazard and trash-free ten (10) foot radius of the Vending location during hours of operation, and prior to leaving any Vending location, the Sidewalk Vendor shall pick up, remove, and dispose of all litter generated by the Vending operations within a ten (10) foot radius of the Vending location in the Sidewalk Vendor's litter receptacle. Sidewalk Vendors shall not throw, deposit, or leave, or permit to be thrown, deposited, or left, any litter, Food, or other discarded or abandoned objects, in or upon any street, Sidewalk , gutter, storm drain, inlet, catch basin, or other drainage structure, or upon any public or private land in the City, so that the same might be or become a pollutant. H. Sidewalk Vendors shall immediately clean up any Food, grease or other fluid or item related to Sidewalk Vending activities that falls on public property. I. If a Stationary Sidewalk Vendor remains in place for one (1) hour or longer, the Sidewalk Vendor must be located within three hundred (300) feet of a publicly-accessible restroom. J. Sidewalk Vendors must ensure that Food and Merchandise are securely fastened to the Vending Cart in such a manner that the Food or Merchandise does not fall off or extend outside of the frame of the Vending Cart. K. All Food and Merchandise shall be stored either inside or affixed to the Vending Cart or carried by the Sidewalk Vendor. L. Vending Carts shall not be placed on any public property other than a Sidewalk. M. Vending Carts shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to poles, signs, trees, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers, or other objects on public property or in the public right-of-way. P. All signage and advertising related in any way to the Sidewalk Vendor must be attached to the Vending Cart or the Sidewalk Vendor's person, and shall not be electrical, flashing, wind-powered or animated. Q. A Vending Cart approved by the Riverside County Department of Environmental Health to Vend one type or types of Food may not be used to Vend a different type of Food. R. Sidewalk Vendors shall possess at all times, while Vending, a copy of a valid current permit issued pursuant to this Chapter, as well as any other permit required by any other appropriate governmental agency. The Sidewalk Vendor permit shall be displayed conspicuously Agenda Item No. 6. Page 112 of 201 17 at all times on the Vending Cart or the Sidewalk Vendor's person. If multiple Sidewalk Vendors are staffing a Vending Cart or working as Roaming Sidewalk Vendors, each person shall wear their permit on their person in a conspicuous manner. With respect to all other required permits, the Sidewalk Vendor shall display a copy of the permit upon request by authorized City employees. S. If a Sidewalk Vendor of Food, the Vendor shall possess and display in plain view on the Vending Cart a valid current Mobile Food Facility permit from Riverside County Department of Public Health and, if issued by the Riverside County Department of Environmental Health, a grade. T. Sidewalk Vendors shall comply with all applicable state and local laws, as amended from time to time, including without limitation, Chapter 9.02 (Noise Control) of the Municipal Code, Chapter 9.36 (Panhandling, Soliciting and Aggressive Solicitation the Municipal Code (Aggressive Solicitation), Chapter 8.04 (Food Handlers) of the Municipal Code, applicable California Health and Safety Code and Riverside County Ordinances, state Food labeling and preparation requirements, fire codes and regulations, and the Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards (both state and federal). U. Not including an attached litter receptacle, Vending Carts shall not exceed a length of four (4) feet, a width of four (4) feet, or a height, including a roof, umbrella, or awning, of ten (10) feet provided that any umbrella or awning shall be no less than seven (7) feet above the surface of the Sidewalk. V. Vending Carts shall not be accompanied by accessories, including, but not limited to, tables, chairs, benches and umbrellas except that one chair and one umbrella may be provided for the purpose of allowing the Vendor or an employee to be seated in shade. W. Vending Carts for Merchandise, if stored in the City, shall be fully enclosed by a structure with walls and a roof when not in use for Sidewalk Vending. X. Vending Carts for Food shall be stored in accordance with all requirements of the Riverside County Department of Public Health and the City’s Health Department. Y. Vending Carts shall have locking wheels to prevent uncontrolled movement. Z. Vending Carts shall not be left unattended. AA. Vending Carts shall not be left overnight on any public property or rights-of-way. BB. Sidewalk Vendors shall not engage in any of the following activities: 1. Vending lottery tickets, alcohol, cannabis, adult oriented material, or tobacco or electronic cigarette products; 2. Vending illegal or counterfeit Merchandise; 3. Damaging public or private property, including trees, shrubs, grass, flowers, plants or vegetation; 4. Causing vehicles to stop in traffic lanes or persons to stand in traffic lanes or parking spaces; or Agenda Item No. 6. Page 113 of 201 18 5. Vending in a manner that blocks or obstructs the free movement of vehicles, including Parked vehicles. 5.66.160 - Administrative Citations. A. In accordance with Government Code section 51039, a violation of this Chapter by a Sidewalk Vendor who has a valid current permit issued by the City pursuant to this Chapter is punishable only by an administrative citation, in amounts not to exceed the following: 1. One hundred dollars ($100) for a first violation. 2. Two hundred dollars ($200) for a second violation within one year of the first violation. 3. Five hundred dollars ($500) for each additional violation within one year of the first violation. 4. The City may revoke a permit issued to a Sidewalk Vendor for the term of that permit upon the fourth violation or subsequent violations. B. In accordance with Government Code section 51039, a violation of this Chapter by a person engaged in Sidewalk Vending without a valid current permit issued pursuant to this Chapter is punishable only by an administrative citation, in amounts not to exceed the following, in lieu of the amounts set forth in paragraph A: 1. Two hundred fifty dollars ($250) for a first violation. or his or her designee. 2. Five hundred dollars ($500) for a second violation within one year of the first violation. 3. One thousand dollars ($1,000) for each additional violation within one year of the first violation. 4. Upon proof of a valid permit issued by the City pursuant to this article, the administrative citations set forth in this paragraph shall be reduced to the amounts set forth in paragraph A. 5. It shall constitute a new and separate offense for each and every hour during any portion of which a violation of, or failure to comply with, any provision or requirement of this Chapter is committed, continued, or permitted by any person. 6. A violation of this Chapter shall not be punishable as an infraction or misdemeanor and a person alleged to have violated any provision of this Chapter shall not be subject to arrest except when permitted under law. Further, failure to pay an administrative citation issued pursuant to this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed. Agenda Item No. 6. Page 114 of 201 19 7. When assessing administrative citations pursuant to this Chapter, the administrative hearing officer shall take into consideration the person's ability to pay the fine. The administrative hearing officer shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. 8. If the person meets the criteria described in subdivision (a) or (b) of California Government Code section 68632, the City shall accept, in full satisfaction, twenty percent (20%) of an administrative citation imposed pursuant to this Chapter. 9. The administrative hearing officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition." Section 5. Severability. If any sentence, word, phrase, section or provision of this ordinance is held invalid by a court of competent jurisdiction, such provision shall be considered a separate, distinct and independent provision and such holding shall not affect the validity and enforceability of the other provisions of this ordinance. Section 6. Publication and Certification. The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this ordinance, and shall cause this ordinance and certification, together with proof of publication, to be entered in the book of ordinances of the Council of this City. Section 7. Effective Date. This ordinance shall take effect thirty-one days after its adoption. 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 _____ day of August, 2019, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Agenda Item No. 6. Page 115 of 201 20 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the _____ day of _________, 2019. AYES: NOES: ABSENT: ABSTAIN: _______________________________ Julio Martinez, III, Mayor Attest: _______________________________ Deputy City Clerk Approved as to form: _______________________________ John O. Pinkney, City Attorney Agenda Item No. 6. Page 116 of 201 Staff Report TO: Mayor and City Council Members FROM:Sean Thuilliez, Police Chief DATE:September 3, 2019 SUBJECT:Approval of Ramona Animal Shelter Contract Background and Analysis: The City of Beaumont currently contracts with the Ramona Humane Society (Ramona) for animal sheltering services which is a pay as you use program. Ramona will not increase their rates for the Fiscal Years 2019-2021. Fiscal Impact: Due to the terms of the contract of being a pay as you go program, it is difficult to forecast the exact cost for the two year contract, however, the Animal Control Department budgeted a not to exceed amount of $55,000 that is paid from the General Fund under account 01- 2000-7068-0000 and was approved by the City Council under the 2018-2019 Fiscal Year budget. Funds not spent under this account will be returned to the General Fund. Funds for Fiscal Year 2020-2021 will be budgeted for and approved by City Council as part of the 2020/2021 budget cycle. Recommendation: 1. Renew the contract for a two-year term effective September 1, 2019. City Manager Review: Todd Parton City Manager Attachments: Agenda Item No. 7. Page 117 of 201 Attachment A - Ramona Humane Society Agreement Attachment B - Ramona Humane Society Scope of Work Attachment C - Ramona Humane Society Payment Provisions Agenda Item No. 7. Page 118 of 201 1 690 Humane Way San Jacinto, CA 92582 (951) 654-8002 (951) 654-2830 fax www.ramonahumanesociety.org SHELTERING SERVICES AGREEMENT This Sheltering Services Agreement (“Agreement”) is made and entered into by and between the City of Beaumont, a California general law city (“BEAUMONT”), and Ramona Humane Society, a California non-profit corporation (“CONTRACTOR”). BEAUMONT and CONTRACTOR are at times hereinafter collectively referred to as “Parties” or individually as a “Party”. RECITALS WHEREAS, CONTRACTOR is organized for the purpose, among others, of preventing cruelty to animals and assuring that impounded animals are detained and/or euthanized in a humane manner; and WHEREAS, BEAUMONT is responsible under California Food and Agriculture Code sections 30501, 331105 and 31106 for providing animal control services which include, but are not limited to, providing humane sheltering, impounding stray animals and disposing of unwanted and dead animals and/or livestock; and WHEREAS, BEAUMONT desires to retain the services of CONTRACTOR to provide, on an independent contractor's basis, Services as set forth in the SCOPE OF WORK, attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, CONTRACTOR agrees to provide such Services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to BEAUMONT that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such Services. . AGREEMENT NOW, THEREFORE, the consideration hereinafter set forth and subject to and upon the terms, covenants and conditions of this Agreement, the Parties agree as follows. 1. DESCRIPTION OF SERVICES. CONTRACTOR shall provide all services as outlined and specified in Exhibit A, SCOPE OF WORK, attached hereto and incorporated herein by this reference. Agenda Item No. 7. Page 119 of 201 2 2. PERIOD OF PERFORMANCE. This Agreement shall be effective on September 1, 2019 (“Effective Date”) through September 30, 2021. The Agreement may be terminated as specified in section 11, TERMINATION. 3. COMPENSATION. In consideration of services provided by CONTRACTOR pursuant to Exhibit A, SCOPE OF WORK, CONTRACTOR shall be entitled to receive payment as specified in Exhibit B, BEAUMONT AND CONTRACTOR PAYMENT PROVISIONS, attached hereto and incorporated herein. Reimbursement expenses are included within the maximum amount of the Agreement. 4. HOLD HARMLESS/INDEMNIFICATION. 4.1 CONTRACTOR shall indemnify and hold harmless BEAUMONT, its elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as “Indemnities”) from any liability whatsoever, based or asserted upon any act or omission of CONTRACTOR, its officers, employees, agents or representatives arising out of or in any way relating to or connected with this Agreement, including but not limited to property damage, bodily injury, or death or any other element of damage of any kind or nature whatsoever arising from the performance of CONTRACTOR, its officers, employees, agents or representatives from this Agreement. CONTRACTOR shall defend Indemnities, at its sole expense, all costs and fees including, but not limited to, attorney’s fees, costs, expenses, cost of investigation, defense and settlements or awards, in any claim or action based upon such alleged acts or omissions. With respect to any other action or claim subject to indemnification herein by CONTRACTOR, CONTRACTOR shall, at its sole expense, have the right to counsel of its own choice, with Indemnities’ reasonable approval, which approval shall not unreasonably be withheld, and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of BEAUMONT; provided, however, that any adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CONTRACTOR’s duty to indemnify Indemnities, as set fourth herein. 4.2 CONTRACTOR’s obligations hereunder shall be satisfied when CONTRACTOR has provided to BEAUMONT the appropriate form of dismissal or satisfaction of judgment relieving BEAUMONT from any liability for the action or claim involved. 4.3 Nothing in the provisions of this Agreement is intended to create duties or obligations to, or rights in, third parties not party to this Agreement, or affect the legal liability of either Party to this Agreement by imposing any standard of care different from the standard of care applicable to either Party under California law respecting the regulation and enforcement of laws regarding animals. Agenda Item No. 7. Page 120 of 201 3 4.4 The specified insurance limits required in this Agreement shall in no way limit or circumscribe CONTRACTOR’s obligations to indemnify and hold harmless the Indemnities herein from third Party claims. 4.5 In the event there is a conflict between this clause and California Civil Code section 2782, this clause shall be interpreted to comply with Civil Code section 2782. Such interpretation shall not relieve CONTRACTOR from Indemnities to the fullest extent allowed by law. 5. STATUS OF THE PARTIES’ OFFICERS/EMPLOYEES/AGENTS. Neither Party’s officers, employees, agents, partners, other contractors or subcontractors shall be deemed to be employees of the other Party at any time. Nothing in this Agreement shall be construed as creating a civil service employer-employee relationship or a joint venture relationship. No officer, employee, agent, partner, other contractor or subcontractor of the other Party shall be eligible for membership in or any benefits from any plan for hospital, surgical, or medical insurance, or for membership in any retirement program, paid vacation, paid sick leave, other leave, with or without pay, collective bargaining rights, grievance procedures, or any other benefits which inures to or accrues to an employee of the other Party. The only performance and rights due the other Party are those specifically stated in this Agreement. 6. LIABILITY INSURANCE. Without limiting or diminishing CONTRACTOR’s obligation to indemnify or hold BEAUMONT harmless, CONTRACTOR shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage during the term of this Agreement. 6.1 Workers’ Compensation. If CONTRACTOR has employees as defined by the State of California, CONTRACTOR shall maintain statutory Workers’ Compensation Insurance (Coverage A) as prescribed by laws of the State of California. The policy shall include Employers’ Liability (Coverage B), including Occupational Disease with limits no less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of BEAUMONT, and, if applicable, to provide a Borrowed Servant/Alternative Employer Endorsement. 6.2 Commercial General Liability. Commercial General Liability insurance coverage, including, but not limited to, premises liability, products and completed operations liability, personal and advertising injury, professional liability and cross liability coverage, covering claims which may arise from or out of CONTRACTOR’s performance of its obligations hereunder. Policy shall name BEAUMONT, its elected and appointed officials, employees, agents and representatives as Additional Insureds. Policy limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Agenda Item No. 7. Page 121 of 201 4 6.3 Vehicle Liability. If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, CONTRACTOR shall maintain liability insurance for all owned, non-owned or hired vehicles so uses, in an amount not less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. The policy shall name BEAUMONT, its elected officials, employees, agents and representatives as Additional Insureds. 6.4 Accident Basis. All insurance policies shall cover an occurrence on an accident basis, and not on a claims-made basis. 6.5 Insurers’ Rating. All insurance required by this section is to be placed with insurers with an A.M. Best rating of no less than A:VII. 6.6 Verification of Coverage. Prior to beginning any work under this Agreement, CONTRACTOR shall furnish BEAUMONT with Certificates of Insurance, and upon request, complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. 6.7 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be canceled by either Party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to BEAUMONT. In the event that any coverage required by this section is reduced, limited, canceled, or materially affected in any other manner, CONTRACTOR shall provide written notice to BEAUMONT at CONTRACTOR’s earliest possible opportunity and in no case later than ten (10) working days after CONTRACTOR is notified of the change in coverage. 6.8 Subcontractors. CONTRACTOR shall include all subcontractors as insureds under CONTRACTOR’s policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverage’s for subcontractors shall be subject to all of the requirements stated herein. 6.9 Variation. BEAUMONT may approve in writing a variation in the foregoing insurance requirements upon a determination that the coverage, scope, limits, and forms of such Agenda Item No. 7. Page 122 of 201 5 insurance are either not commercially available, or that BEAUMONT’s interests are otherwise fully protected. 6.10 Remedies. In addition to any other remedies BEAUMONT may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, BEAUMONT may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies BEAUMONT may have and are not the exclusive remedy for CONTRACTOR’s breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; b. Order CONTRACTOR to stop work under this Agreement or withhold any payment that becomes due to CONTRACTOR hereunder, or both stop work and withhold any payment, until CONTRACTOR demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement. 7. LICENSE. CONTRACTOR shall, through the term of this Agreement, maintain all licenses necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the County of Riverside, and all other governmental agencies. CONTRACTOR shall notify BEAUMONT immediately, in writing, of inability to maintain such license. Said inability shall be cause for termination of this Agreement. CONTRACTOR shall ensure that CONTRACTOR’s employees, agents and subcontractors performing services under the terms of this Agreement are in compliance with all required licensing requirements. CONTRACTOR hereby agrees to notify BEAUMONT immediately, in writing, of inability of CONTRACTOR or any of CONTRACTOR’s employees, agents and or subcontractors, to obtain or maintain such license(s). Said inability shall be cause for termination of this Agreement. 8. OSHA REGULATIONS. CONTRACTOR hereby certifies awareness of the Occupational Safety and Health Administration (OSHA) standards and codes as set forth by the U.S. Department of Labor, and the derivative Cal/OSHA standards, laws and regulations relating thereto, verifies that all performance under this Agreement shall be in compliance therewith. 9. CONFLICT OF INTEREST. 9.1 CONTRACTOR and CONTRACTOR’s employees shall have no interest, and shall not acquire any interest, direct or indirect, which will conflict in any manner or degree with the performance of services required under the Agreement. Agenda Item No. 7. Page 123 of 201 6 9.2 CONTRACTOR agrees to inform BEAUMONT of all CONTRACTOR’s interests, if any, which are or which CONTRACTOR believes to be incompatible with any interests of BEAUMONT. 9.3 CONTRACTOR shall not, under any circumstances which might reasonably be interpreted as an attempt to influence the recipient in the conduct of its duties, accept any gratuity or special favor form individuals or organizations with whom CONTRACTOR is doing business or proposing to do business, in accomplishing the work under the Agreement. 9.4 CONTRACTOR shall not use for personal gain or make other improper use of privileged information, which is acquired in connection with this contract. The term of “privileges information” includes, but is not limited to, unpublished information relating to technological and scientific development; medical, personal, or security records of the individuals; anticipated materials requirements or pricing actions; and knowledge of selection of contractors or subcontractors in advance of official announcement. 9.5 CONTRACTOR or employees thereof shall not offer gifts, gratuities, favors, or entertainment directly or indirectly to BEAUMONT officers, employees or agents. 10. MONITORING. CONTRACTOR hereby agrees to establish procedures for self-monitoring and shall permit an appropriate official of BEAUMONT, State or Federal government to monitor, assess or evaluate CONTRACTOR’s performance under this Agreement upon reasonable notice to CONTRACTOR and at any reasonable time. 11. TERMINATION. 11.1 BEAUMONT or CONTRACTOR may terminate this Agreement without cause upon ten (10) days written notice served upon the other Party stating the effective date of termination. 11.2 BEAUMONT may terminate this Agreement with five (5) days written notice for CONTRACTOR’s default or if CONTRACTOR refuses or fails to comply with the provisions of this Agreement or fails to make progress to engender performance and does not cure such failure within a reasonable period, not to exceed thirty (30) days. In the event of such termination, BEAUMONT may proceed with the work in any manner deemed proper by BEAUMONT. 11.3 After receipt of the Notice of Termination, pursuant to subsections 11.1 or 11.2 above, CONTRACTOR shall stop all work under this Agreement on the date specified in the Notice of Termination and transfer to BEAUMONT and deliver in the manner, and to the extent, if any, as directed by BEAUMONT, any equipment, data or reports which, if the Agreement had been completed, would have been required to be furnished to BEAUMONT. Agenda Item No. 7. Page 124 of 201 7 11.4 After termination pursuant to subsections 11.1 or 11.2 above, BEAUMONT shall make payment for all services performed in accordance with this Agreement to the date of termination. 11.5 Notwithstanding any of the provisions of this Agreement, CONTRACTOR’s rights under this Agreement shall terminate (except for fees accrued prior to the date of termination) upon dishonesty or a willful or material data breach of this Agreement, or CONTRACTOR’s unwillingness or inability for any reason(s) whatsoever to perform the duties hereunder, or if the Agreement results in termination. CONTRACTOR shall not be entitled to any further compensation under this Agreement. 11.6 In no event shall CONTRACTOR submit an invoice for an amount in excess of the maximum amount of compensation provided in the Agreement, including Exhibits “A” and “B”, either for a task or for the entire Agreement, unless the Agreement is modified in writing prior to the submission of such an invoice. 12. OPTIONS UPON BREACH BY CONTRACTOR. If CONTRACTOR materially breaches any of the terms of this Agreement, BEAUMONT’s remedies shall include, but not limited to, any or all of the following: • Immediately terminate the Agreement; • Retain the plans, specifications, drawings, reports, documents, and any other work product prepared by CONTRACTOR pursuant to this Agreement; • Retain a different CONTRACTOR to complete the work described in Exhibit A not performed or completed by CONTRACTOR; or • Charge CONTRACTOR the difference between the costs to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that BEAUMONT would have paid CONTRACTOR pursuant to Section 3 if CONTRACTOR had completed the work. 13. KEEPING AND STATUS OF RECORDS. 13.1 Records Created as Part of CONTRACTOR’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of BEAUMONT. CONTRACTOR hereby agrees to deliver those documents to BEAUMONT upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for BEAUMONT and are not necessarily suitable for any future use. BEAUMONT and CONTRACTOR agree that, until final approval by BEAUMONT, all data, plans, specifications, reports and other documents are Agenda Item No. 7. Page 125 of 201 8 confidential and will not be released to third parties without prior written consent of both Parties unless required by law. 13.2 CONTRACTOR’s Books and Records. CONTRACTOR shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to BEAUMONT under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the day of the final payment to CONTRACTOR to this Agreement. 13.3 Inspection and Audit of Records. Any records or documents that subsection 13.2 of this Agreement requires CONTRACTOR to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of, BEAUMONT. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of BEAUMONT or as part of any audit of BEAUMONT, for a period of three (3) years after final payment under the Agreement. 14. NOTICES. All correspondence and notices required or contemplated by this Agreement shall be delivered to the respective Parties at the addresses set forth below and are deemed submitted one (1) day after their deposit in the United States mail, postage prepaid. BEAUMONT: City of Beaumont Attn: Chief of Police 550 East Sixth Street Beaumont, CA 92223 CONTRACTOR: Ramona Humane Society Attn: President/CEO 690 Humane Way San Jacinto, CA 92582 15. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, CONTRACTOR shall be an independent contractor and shall not be an employee of BEAUMONT. BEAUMONT shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this Agreement and assignment of personnel pursuant to this Agreement, otherwise BEAUMONT shall not have the right to control the means by which CONTRACTOR accomplishes services rendered pursuant to this Agreement. Notwithstanding any other city, state, or federal policy, rule, regulation, law, or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and subcontractors Agenda Item No. 7. Page 126 of 201 9 providing services under this Agreement shall not qualify or become entitled to any compensation, benefit, or any incident of employment by BEAUMONT, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of BEAUMONT and entitlement to any contribution to be paid by BEAUMONT for employers contributions and/or employee contributions for PERS benefits. 16. SEVERABILITY. If any provision in this Agreement is held by court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 17. CAPTIONS AND SECTION HEADINGS. Caption and section headings used in this Agreement are for convenience only are not part of this Agreement and shall not be used in construing this Agreement. 18. GOVERNING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Additionally, this Agreement has been formed and s hall be performed in Riverside County. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such shall be vested exclusively in Riverside County. 19. RECITALS. The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein. 20. ENTIRE AGREEMENT. This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the Parties relating to matters herein; and except as otherwise provided herein, cannot be modified without the prior written agreement of the Parties. 21. LITIGATION EXPENSES AND ATTORNEY’S FEES. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. Agenda Item No. 7. Page 127 of 201 10 22. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and insure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors and, except as otherwise provided in this Agreement, their assigns. 23. AUTHORIZATION. Each of the Parties represents and warrants to the other that this Agreement has been duly authorized by all necessary corporate or governmental action on the part of the representing Party and that this Agreement is fully binding on such Party. 24. AMENDMENTS TO THIS AGREEMENT. From time-to-time, the Parties may determine that the provision of services hereunder could be improved, made more efficient or expanded. Therefore, the Parties agree to meet and confer at the request of either Party and to negotiate in good faith such reasonable amendments to this Agreement as the Parties deem appropriate. NOW THEREFORE in consideration of the mutual promises, covenants and conditions herein contained, the Parties hereto mutually agree as provided in this Agreement and Exhibits A and B attached hereto and incorporated herein. The Parties have executed this Agreement as of the Effective Date. CITY OF BEAUMONT RAMONA HUMANE SOCIETY By: _______________________________ By: __________________________ JULIO MARTINEZ III ROBERT MARTIN Mayor Executive Director ATTEST: By: _______________________________ STEVEN MEHLMAN, City Clerk APPROVED AS TO FORM: ___________________________ John O. Pinkney, City Attorney Agenda Item No. 7. Page 128 of 201 1 SHELTERING SERVICES AGREEMENT (City of Beaumont) EXHIBIT A SCOPE OF WORK This Exhibit A to the Sheltering Services Agreement (“Agreement”), made and entered into by and between the City of Beaumont (“BEAUMONT”) and Ramona Humane Society (“CONTRACTOR”), having an effective date of September 1, 2019, sets forth the scope of work as follows. I. CONTRACTOR’s RESPONSIBILITIES With respect to the Agreement, CONTRACTOR is responsible for the following: 1. Impound, Care and Disposal of Dogs and Other Domestic Animals. 1.1 CONTRACTOR agrees that CONTRACTOR shall, at all times during the operation of this Agreement, care and dispose of dogs and other domestic animals delivered to CONTRACTOR’s facilities by or on behalf of BEAUMONT. 1.2 CONTRACTOR shall impound any dog or cat for ten (10) days only. On the ninth (9th) day of impoundment, CONTRACTOR shall notify BEAUMONT to confirm pick-up of the animal within twenty-four (24) hours, or if longer impoundment is needed for special hold animals that are impounded for evidentiary purposes relative to a criminal investigation, court action or another purpose, as mutually agreed to by the Parties. 1.3 CONTRACTOR shall impound livestock for ten (10) days and charge BEAUMONT the per day fee as specified in Exhibit B, paragraph 2, attached to the Agreement. If impoundment for a period longer than ten (10) days is needed, CONTRACTOR shall assume ownership of the animal beginning on the eleventh (11th) day. 1.4 Notwithstanding any provision contained in subsection 1.1 above BEAUMONT shall initially be responsible for providing medical and/or veterinary services and/or farrier services to any domestic animal delivered to CONTRACTOR that is injured or sick at the time of delivery. CONTRACTOR shall collect any veterinary or other fees and costs incurred by BEAUMONT from the owner or responsible party upon redemption of the animal and such amounts shall be forwarded on a monthly basis to BEAUMONT. 1.5 CONTRACTOR shall be responsible for providing medical and/or veterinary services and/or farrier services to any domestic animal delivered by or on behalf of BEAUMONT where the animal becomes sick after the time of such delivery, except for special hold animals that are impounded for evidentiary purposes relative to a criminal investigation, court action or another purpose as mutually agreed to by the Parties, which costs shall be the responsibility of BEAUMONT. Agenda Item No. 7. Page 129 of 201 2 1.6 Should an animal which was delivered in good health by or on behalf of BEAUMONT to CONTRACTOR subsequently become ill, CONTRACTOR may, as set forth in Riverside County Ordinance No. 630, as amended from time to time, by humane methods, summarily destroy such dog, cat or other domestic animal (1) if suffering from an incurable, dangerous or contagious disease, provided a veterinarian shall first certify, in writing, as to the severity of the illness and recommendation of euthanasia; or (2) where the subject animal is an unlicensed, vicious dog, cat or other animal. Any such destruction shall be documented in CONTRACTOR’s records. 2. Operation and Maintenance of Facilities. CONTRACTOR shall operate and maintain safe and adequate facilities for the confinement, disposal and handling of any and all animals delivered to said facilities by or on behalf of BEAUMONT. CONTRACTOR shall operate and maintain such facilities on the basis of twenty-four (24) hours per day for seven (7) days per week. CONTRACTOR shall provide services under this Agreement to the public on the following minimum hourly basis: Monday - Thursday 8:00 a.m. to 5:00 p.m. Friday - Sunday 8:00 a.m. to 3:30 p.m. Hours of services provided to the public may be changed by CONTRACTOR with thirty (30) days’ written notice to BEAUMONT provided the hours of service to the public do not cause violation of California Food and Agricultural Code (“F&A Code”) section 31108, as may be amended from time to time. Facilities may be closed to the public on holidays, as prescribed by Riverside County Ordinance No. 358, as may be amended from time to time. 3. Applicability of Services. The services to be performed by CONTRACTOR under this Agreement shall apply to live dogs and other domestic animals which are owned, kept, or harbored within, straying or running at large on or into the incorporated territory of BEAUMONT and/or those cites which have contracted with BEAUMONT for animal regulation services. 4. Personnel, Supplies and Equipment. 4.1 CONTRACTOR shall provide all personnel, supplies, drugs and equipment necessary to perform its obligations under this Agreement, including, but not limited to, kennel attendants, clerical staff, and notices and forms. Licensing forms and license tags for dogs are specifically excluded as such forms and tags will be supplied by BEAUMONT. 4.2 CONTRACTOR’s employees, volunteers, members or agents shall immediately call attention of regarding this Agreement and the application of State of local law to BEAUMONT and may assist with BEAUMONT’s investigation of the same if requested to do so by BEAUMONT’s Director of Animal Services or designee. Agenda Item No. 7. Page 130 of 201 3 5. Disposal of Dogs and other Animals. CONTRACTOR shall dispose of dogs and other animals by: 5.1 Surrendering as many as may be claimed by the rightful owner or by the persons entitled to the possession thereof, prior to other disposal of such animals by CONTRACTOR. 5.2 Finding suitable homes for such of the animals that are not timely claimed. 5.3 Destroying such of the animals that are not disposed of as provided in subsections 5.1 and 5.2 above, in the most advanced and humane manner, and in accordance with State law regulating the destruction of animals as set forth in Riverside County Ordinance No. 630, as may be amended from time to time, or as may be recommended by the California Veterinary Association and Humane Society of the United States. 5.4 Euthanasia methods and practices shall be subject to an operational annual inspection by BEAUMONT. 6. Collection of Impound Fees and Charges. CONTRACTOR shall collect the impound fees and charges as set forth in Riverside County Ordinance Nos. 771, 630 and 534, as may be amended from time to time, from the owner or responsible party when the animal is claimed and redeemed. CONTRACTOR shall issue receipts for all such fees charged and collected, and maintain copies thereof for review by BEAUMONT. Should CONTRACTOR choose to reduce or waive fees payable by the owner or responsible party, CONTRATCOR does so at its own volition and may not charge BEAUMONT for any fees not collected. 7. Collection of Adoption Fees and Charges. In accordance with Riverside County Ordinance Nos. 771, 630 and 534, as may be amended from time to time, and F&A Code sections 30503 and 31751.3 (1) no dog or cat that has not been spayed or neutered shall be given away to a new owner unless a lawful exception applies; (2) CONTRACTOR may require a spay/neuter deposit, and (3) CONTRACTOR shall issue receipts for all such fees and charges collected and shall maintain copies thereof for review by BEAUMONT. 8. Documentation, Inspection, Audit, Financial Statements, Reports and Monitoring All expenditures supported by properly executed accounting documents pertaining in whole or in part of this Agreement shall be clearly identified and readily accessible. CONTRACTOR shall at any time during normal business hours and as often as BEAUMONT may deem necessary, make available to BEAUMONT for examination of all its records and data with respect to all matters covered by this Agreement (revenue, expenditures, operational procedures, etc.) and shall permit BEAUMONT or a designated representative to inspect and audit all such records and data. CONTRACTOR shall provide BEAUMONT with a copy of CONTRACTOR’s annual Agenda Item No. 7. Page 131 of 201 4 financial statement and annual budget forthwith upon completion thereof. CONTRACTOR shall also provide all animal documentation necessary for BEAUMONT to fill out State Rabies Reporting Requirements i.e.: number of bites, number of exposures, number of quarantines, number of animals and type of animal euthanized, number of adoptions, etc. Or, if CONTRACTOR is completing an Annual State Rabies Report on its own behalf, CONTRACTOR shall provide a copy of said report to BEAUMONT. CONTRACTOR shall permit BEAUMONT or its designated representative to inspect and monitor CONTRACTOR’s performance under this Agreement, including but not limited to, entry of CONTRACTOR’s facilities referred to in section 2, Operation and Maintenance of Facilities, above, at any time during normal business hours and as often as BEAUMONT may deem necessary. CONTRACTOR shall meet or exceed Drug Enforcement Agency (D.E.A.) standards for storage and use of scheduled narcotics. CONTRACTOR shall permit BEAUMONT to conduct periodic inspections of drug logs and all records to scheduled narcotics. CONTRACTOR shall provide properly completed forms and euthanasia request forms to BEAUMONT. II. BEAUMONT RESPONSIBILITY. With respect to the Agreement, BEAUMONT is responsible for the following: 1. Intake Forms. BEAUMONT shall provide CONTRACTOR with properly completed intake forms and euthanasia requests for with each delivery of a dog and other domestic animal to CONTRACTOR’s facilities by or on behalf of BEAUMONT. 2. Euthanasia Training. BEAUMONT shall provide CONTRACTOR copies of euthanasia training and/or certificates of all BEAUMONT Animal Control Officers who perform euthanasia within CONTRACTOR’s jurisdiction. 3. Delivery of Animals. BEAUMONT shall insure the humane delivery of all animals to CONTRACTOR’s facilities by or on behalf of BEAUMONT. 4. Air-Conditioned Transport. BEAUMONT will maintain air conditioning in all vehicles used to deliver animals to CONTRACTOR. Agenda Item No. 7. Page 132 of 201 1 SHELTERING SERVICES AGREEMENT (City of Beaumont) EXHIBIT B PAYMENT PROVISIONS Prepared By: Jeff Sheppard President/CEO Date 7/23/19 Project : Beaumont Animal Sheltering Services Species Intake Fee* Comment • Stray Dogs and Cats $81.00 No maintenance fee. • Hold Pending Hearing, Safe Keeping, Protective Custody $81.00 $15.00 per day maintenance fee until released. • ACO-Owner Surrender $81.00 No maintenance fee. • New Born Dog or Cat $16.46 Per animal Without mother or injured, requiring immediate euthanasia • Livestock: Horse, Burro, Cow, Pony $75.00 $15.00 per day maintenance fee until adoption or euthanized. • Pigs, Sheep, Goat $60.00 $12.00 per day maintenance fee for the first 10 days. • Fowl: Chicken, Pigeon, Duck, Goose, Dove $10.00 No maintenance fee. • Wild Life: Skunk, Raccoons, Opossum, Foxes, or any Hawk, Eagle, Owl $40.00 No maintenance fee. • Reptiles: Snakes, Turtles, Lizards $40.00 No maintenance fee. • Small Animal: Rodents, Birds, Mice, Gerbils, Guinea Pigs, Hamsters $5.00 No maintenance fee. • Rabbits and Ferrets $40.00 No maintenance fee. • Quarantine of Biting Animals 40.00 $15.00 per day maintenance fee until released • Dead on Arrival N/C Included Agenda Item No. 7. Page 133 of 201 2 • Owner Surrender-Shelter N/C No maintenance fee. • ACO- Owner Request $ 45.00 No maintenance fee. * Per animal unless otherwise stated In addition to the forging fees, CONTRACTOR may charge a 2% spay/neuter fee of the total amount due per month. Agenda Item No. 7. Page 134 of 201 Staff Report TO: Mayor and City Council Members FROM:Edgar Trenado, IT Manager DATE:August 20, 2019 SUBJECT:Authorize Purchase of Network Security Hardware and Professional Services Background and Analysis: The Information Technology (IT) Department is responsible for providing a computer network infrastructure that departments use to securely access software applications and systems to conduct City business. Ransomware and cyber-threats are on the rise and have hit multiple cities within Riverside County. These types of threats have caused significant downtime, loss of data and data leaks. IT proposes a network security upgrade that includes multiple layer security changes for the police and city hall network. Replacement of outdated technology network equipment is essential to secure the stability, reliability and provide business continuity for public safety. The equipment proposed for replacement at this time includes Fortinet switches and firewalls, these changes will also provide security for city hall and outlying sites. The Police Department server room needs these changes to support the necessary security that is required for Criminal Justice Information Services (CJIS) compliance. The current equipment vetted for replacement is non-complaint with IT industry standards. Next Gen firewalls (NGFWs) can perform a deeper inspection of packets and provides visibility into any network traffic. NGFWs use a more thorough inspection style, checking packet payloads and matching signatures for harmful activities such as exploit, cyber-attacks and malware to prevent unauthorized access to the system, thus preventing data or system breaches. Additionally, installation assistance from a qualified vendor is needed because of the skillset and resources needed to undertake such project. The necessary upgrades and hardware are detailed below: A) Eight firewalls and twenty-seven switches with 1 year support. B) Installation and configuration of firewalls and switches. Agenda Item No. 8. Page 135 of 201 Fiscal Impact: The City received the following bids: A. Firewalls and Switches Total Bid* Golden Star Technologies $47,177.11 Akins IT $55,802.88 Converge One $84,801.82 B. Professional Installation Total Bid* VPLS $42,236.00 CDW-G $43,722.00 AKINSIT $47,500.00 Staff recommends the lowest responsible bidder for each bid item. These upgrades and services are part of an approved project, adopted in the Fiscal Year 19/20 - 22/22 Capital Improvement Project List. Recommendation: 1. Authorize the purchase of hardware from Golden Star Technologies for firewalls and switches plus 1 year warranty in the amount of $47,177; and 2. Approve and authorize the city manager to sign the VPLS professional services agreement for Fortinet firewall deployment services in the amount of $42,236. City Manager Review: Todd Parton City Manager Attachments: Attachment A - GST Hardware Attachment B - VPLSProServices Agenda Item No. 8. Page 136 of 201 1337 Walker Lane Corona, CA 92879 www.gstes.com 951-340-2669 550 E. 6th Street Beaumont, CA 92223 Edgar Trenado Etrenado@beaumontca.gov City of Beaumont Cherri Dodson (951) 340-2669 Fax 951-340-2671 cdodson@gstes.com Golden Star Technology - IE Quote #: 055887 Network Refresh Version: 1 Quote Date: 08/30/2019 Expiration Date: 09/30/2019 Prepared by:Prepared for:Quote Information: Hardware Line Item Description Price Qty Ext. Price Taxable 1 FG-80E-BDL-950- 12 Fortinet FortiGate 80E Network Security/Firewall Appliance - 14 Port - 1000Base-T, 1000Base-X Gigabit Ethernet - AES (256-bit), SHA-256 - USB - 14 x RJ-45 - 2 - SFP (mini-GBIC) - 2 x SFP - Manageable - Desktop $880.00 6 $5,280.00 2 FG-300E-BDL-950- 12 Fortinet FortiGate 300E Network Security/Firewall Appliance - 16 Port - 1000Base-X, 10/100/1000Base-T Gigabit Ethernet - AES (256- bit), AES (128-bit), SHA-256 - USB - 16 x RJ-45 - 16 - SFP - 16 x SFP - Manageable - 1U - Rack-mountable $4,840.00 2 $9,680.00 3 FAZ-VM-BASE BASE LIC STACKABLE FORT ANALYZER VM 1GB LOGS $900.00 1 $900.00 4 FAZ-VM-GB5 FORTIANALYZER-VM $900.00 1 $900.00 5 FC1-10-LV0VM- 149-02-12 1YR SUB LICS FOR 1-6 GB/DAY MLIC OF LOGS $400.00 1 $400.00 6 FC2-10-LV0VM- 149-02-12 1YR SUB LICS FOR FORTIGUARD IOCLICS FOR 1-11 GB/DAY OF LOGS $540.00 1 $540.00 7 FC210LV0VM-248 -02-12 Fortinet FortiCare - 1 Year Extended Service (Renewal) - Service - 24 x 7 Next Business Day - Service Depot - Replacement - Parts - Electronic and Physical Service $644.44 1 $644.44 8 FC1-15-EMS01- 297-02-12 SECURITY FABRIC AGENT W/ EPP MLIC LICS SUB FOR 25ENDPOINTS $97.22 8 $777.76 9 FAC-VM-100-UG UPG FORTIAUTHENTICATOR VM LICS $497.22 2 $994.44 10 FAC-VM-BASE FORTIAUTHENTICATOR VM LICS WITH $830.56 1 $830.56 Page 1 of 2Quote #055887 v1 Agenda Item No. 8. Page 137 of 201 1337 Walker Lane Corona, CA 92879 www.gstes.com 951-340-2669 Hardware Line Item Description Price Qty Ext. Price Taxable 11 FC1100ACVM-248 -02-12 Fortinet FortiCare 24X7 Comprehensive Support - 1 Year Renewal - Service - 24 x 7 - Technical - Electronic Service $199.33 1 $199.33 12 FC-10-S148P-247- 02-12 FortiSwitch-148E-POE 1 Year 24x7 FortiCare Contract $114.67 27 $3,096.09 13 FS-148E-POE L2+ managed POE switch with 48GE +4SFP, 24 ports POE with max 370W POE limit $788.33 27 $21,284.91 price guaranteed for 30 days Subtotal:$45,527.53 Shipping Line Item Description Price Qty Ext. Price Taxable 1 GST-SHIPPING GST-SHIPPING $0.00 1 $0.00 Quote Summary Description Amount Hardware $45,527.53 Subtotal:$45,527.53 Tax:$2,939.01 Total:$48,466.54 Customer Signature Date Page 2 of 2Quote #055887 v1 Agenda Item No. 8. Page 138 of 201 Daniel Seah dseah@vplssolutions.com VPLS Solutions, LLC. Prepared by: Edgar Trenado etrenado@beaumont-ca.gov City of Beaumont Prepared for: Fortinet Firewall Deployment Pro Services Quote # 023636 Version 1 We have prepared a quote for you Agenda Item No. 8. Page 139 of 201 1744 West Katella Ave. Suite 250 Orange, CA 92867 http://www.vplssolutions.com/ (213) 406-9000 City of Beaumont Edgar Trenado 550 E. 6th Street Beaumont, CA 92223 etrenado@beaumont-ca.gov Dear Edgar, Wednesday, August 28, 2019 Thank you for your inquiry. We are pleased to provide you with this quote. Unless another VPLS contract form is noted, this quote is subject solely and exclusively to the VPLS Terms and Conditions attached hereto and incorporated by this reference herein. These Terms contain the entire understanding of the parties with respect to the sale of product contained within this quote and supersede all prior communications between the parties, regardless of form. In no event shall pre-printed terms on any customer document (PO, confirmation, etc.) modify or add to the VPLS Terms referenced herein. Daniel Seah IT Solutions Manager VPLS Solutions, LLC. Page: 2 of 9 Agenda Item No. 8. Page 140 of 201 1744 West Katella Ave. Suite 250 Orange, CA 92867 http://www.vplssolutions.com/ (213) 406-9000 Description Price Qty Ext. Price Services Service - Fixed Fee Fixed fee labor for service or project work. Fixed fee labor for service or project work for City Wide Fortinet Deployment (Please see the scope of work on page 10-12) $42,236.00 1 $42,236.00 Subtotal:$42,236.00 Page: 3 of 9 Agenda Item No. 8. Page 141 of 201 1744 West Katella Ave. Suite 250 Orange, CA 92867 http://www.vplssolutions.com/ (213) 406-9000 550 E. 6th Street Beaumont, CA 92223 Edgar Trenado (951) 572-3209 etrenado@beaumont-ca.gov City of Beaumont Daniel Seah (714) 262-9893 Fax (866) 599-9593 dseah@vplssolutions.com VPLS Solutions, LLC. Prepared by:Prepared for:Quote Information: Quote #: 023636 Version: 1 Delivery Date: 08/28/2019 Expiration Date: 09/27/2019 Fortinet Firewall Deployment Pro Services Description Amount Quote Summary Services $42,236.00 Total:$42,236.00 Payment Options Description Payments Interval Amount Term Options Net 30 1 One-Time $42,236.00 Summary of Selected Payment Options Description Amount Total of Payments $42,236.00 Term Options: Net 30 Shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors. By signing, I affirm that I am authorized to sign for purchases on behalf of my organization. VPLS Solutions, LLC. Signature: Name: Date: Signature: Name:Daniel Seah Title:IT Solutions Manager Date:08/28/2019 City of Beaumont Page: 4 of 9 Agenda Item No. 8. Page 142 of 201 1744 West Katella Ave. Suite 250 Orange, CA 92867 http://www.vplssolutions.com/ (213) 406-9000 Return Policy and Payment Term VPLS Solutions Return and Cancellation Policy ·If VPLS Solutions made an error on your order, we will give you an RMA to return it at your request. ·Customer convenience returns will be considered on a case by case basis. ·When you know you have product to return, ask for the RMA as soon as you can. The quicker we work together on the issue, the more likely we will achieve a successful resolution together. ·We request that the product is returned within 14 days in order to mitigate risk for VPLS Solutions and our partners. ·When opening packages from VPLS Solutions, please take care to retain packaging in the event that a return becomes necessary. ·Please put the RMA number on the shipping label of the outside carton when returning product. ·We cannot accept returns without an RMA number clearly marked. ·VPLS Solutions reserves the right to charge a restocking or handling fee. ·VPLS Solutions' workmanship on integrated orders is warranted for one full year from date of shipment How to Request an RMA: You can request an RMA by phoning the VPLS Solutions Return Support Center at 213-406-9000, or by submitting a request to accounting@vplssolutions.com Payment Terms: All unpaid invoices shall bear interest at an amount equal to 1.5% of the outstanding balance per month (or the maximum rate of interest allowed to be contracted for by law, whichever is less), commencing upon the date payment is due. Buyer's failure to make timely payment may result in such action as commencement of proceedings for collection, revocation of credit, stoppage of shipment, delay or cessation of future deliveries, repossession of unpaid delivered goods and termination of any one or more sales agreements. A 3% Convenience fee will be added to all credit card orders. Page: 5 of 9 Agenda Item No. 8. Page 143 of 201 1744 West Katella Ave. Suite 250 Orange, CA 92867 http://www.vplssolutions.com/ (213) 406-9000 Terms and Conditions Hourly Minimum VPLS will invoice a minimum of 4 hours for onsite work performed (including travel time and coordination) and a minimum of 2 hours for remote work performed (including coordination). Hourly work in addition to the minimums will be billed in 1-hour blocks of time. After-Hours Rate Any work performed outside of normal business hours (8:00AM – 6:00PM, Monday – Friday) will be billed at 1.5 times the standard rate. Travel Time Any travel time required to perform this work will be billed at half rate each way. Reimbursable Expenses Travel and incidental expenses incurred by VPLS in association with the execution of this Proposal are to be reimbursed to VPLS by Customer at actual cost within 30 days of submission of invoice to Customer. Overage Hours For Time and Materials based engagements any additional work that exceeds the number of quoted hours will be billed at the same rate or After-Hours rate if applicable upon written approval from the customer. Services cancelled or postponed Any services confirmed with the client but cancelled with less than 24 hours notice will result in a cancellation fee of $500 or a deduction of 2 hours from a prepaid T&M services block of hours. Terms and Conditions The following terms and conditions shall govern this Proposal unless a valid Master Services & Product Agreement between the parties, if any, for professional services has been executed and is in force at the time any Proposal is executed; in which case the terms of the Master Services & Product Agreement shall govern to the extent that they are inconsistent with this Proposal. 1.Purchase Orders. Any purchase order submitted by CLIENT in connection with this PROPOSAL shall be deemed subject to the terms of this PROPOSAL; VPLS ’s performance of such purchase order shall not constitute VPLS ’s acceptance of new or different terms, including pre-printed terms on such order. VPLS shall invoice CLIENT for services in accordance with the terms stated in the PROPOSAL. CLIENT shall make payment to VPLS within thirty (30) days from the date of invoice. Except for taxes due on VPLS ’s net income, CLIENT shall pay all taxes. 2.Limitations of Warranties. VPLS warrants that services shall be provided by competent personnel in accordance with applicable professional standards. VPLS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 3.Intellectual Property. CLIENT acknowledges that VPLS , its vendors, and/or its licensors retain all patents and/or copyrights in and to all proprietary data, processes and programs, if any, provided in connection with services performed hereunder; any VPLS software provided to CLIENT as part of the services provided shall be subject to the vendor's copyright and licensing policy. To the extent such software is prepared by VPLS , it is Page: 6 of 9 Agenda Item No. 8. Page 144 of 201 1744 West Katella Ave. Suite 250 Orange, CA 92867 http://www.vplssolutions.com/ (213) 406-9000 provided by nontransferable, nonexclusive license for CLIENT'S internal use only, subject strictly to the terms and conditions of this Agreement, and shall terminate upon termination or expiration of this Agreement. CLIENT shall not duplicate, use or disclose for the benefit of third parties, reverse engineer or decompile any such software. 4.Confidential Information. The parties agree that Confidential Information means any information disclosed by the disclosing party to the receiving party, either directly or indirectly, in writing, orally or by inspection of tangible objects (including without limitation documents, prototypes, samples, plant and equipment, “CLIENT” lists or other “CLIENT” information not known to the public), which is designated as "Confidential," "Proprietary" or some similar designation, or is the type of information which should reasonably be recognized as Confidential or Proprietary. The receiving party shall not use any Confidential Information of the disclosing party for any purpose except to evaluate and engage in discussions concerning this Proposal. Each party agrees to protect the other party’s Proprietary and Confidential Information to the same extent that it protects its own Proprietary and Confidential Information but with no less than a reasonable degree of care. 5.Limitation of Liability. IN NO EVENT SHALL VPLS BE LIABLE TO CLIENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VPLS ’S ENTIRE LIABILITY AND CLIENT’S EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, NONPERFORMANCE OR MISREPRESENTATION, AND REGARDLESS OF THE FORM OF ACTIONS, SHALL BE LIMITED TO THE AMOUNT WHICH HAS BEEN ACTUALLY PAID TO VPLS BY CLIENT FOR SERVICES AND/OR PERFORMANCE HEREUNDER. Without limiting the foregoing, VPLS will have no responsibility for the adequacy or performance of (i) any third party software provided to VPLS under this agreement; (ii) any hardware, and (iii) any services provided by any third party. 6.Non-Solicitation Provision. During the term of this PROPOSAL and for twelve (12) months thereafter, if a party was introduced to the other party, directly or indirectly as a result of this PROPOSAL or any follow-on work, neither party shall solicit for employment any employee nor contractor of the other. Should a party solicit and/or hire an employee or contractor from the other party, the soliciting and/or hiring party shall pay to the other party an administrative fee equal to 1 year’s salary of the employee’s new salary at the soliciting and/or hiring party’s new company. 7.Equal Opportunity/Affirmative Action Employer. VPLS , is an Equal Opportunity/Affirmative Action Employer. All qualified applicants will receive consideration for employment without regard to race, age, color, religion, gender, national origin, disability, sexual orientation, or veteran status. 8.Document Control/Responsibility. CLIENT is responsible for maintaining its own procedures for the reconstruction of lost or altered files, backup or saving of data or programs to the extent deemed necessary by CLIENT and for actually reconstructing any lost or altered files, data or programs. VPLS assumes no responsibility for the protection of CLIENT’S data. VPLS is not liable for damage to software or data caused by service to the computer hardware equipment. CLIENT agrees that it shall have the sole responsibility for safeguarding the software and data during service work performed by VPLS . VPLS is not liable for software damage due to any outside factor, i.e. software virus. 9.Force Majeure. Neither party shall be liable for any failure or delay in performance of its obligations hereunder where such performance is prevented or delayed by causes beyond its reasonable control, including without limitation, flood, war, embargo, strike or other labor dispute, riot, acts of God or the intervention of any government authority. 10.Choice of Law, Mediation and Venue. This PROPOSAL and all matters relating thereto shall be governed Page: 7 of 9 Agenda Item No. 8. Page 145 of 201 1744 West Katella Ave. Suite 250 Orange, CA 92867 http://www.vplssolutions.com/ (213) 406-9000 exclusively by the substantive law of the State of California. The Parties will attempt to settle any claim or controversy arising under this Contract through consultation and negotiation in good faith and a spirit of mutual cooperation. The Parties agree that any disputes which arise out of or are based upon this PROPOSAL shall be subject to non-binding mediation. This Section shall not apply to disputes relating to intellectual property or misappropriation thereof or breach of confidentiality which by their nature may require immediate or extraordinary relief from a court of competent jurisdiction. Any dispute relating directly or indirectly to this PROPOSAL or any other contract or agreement between the parties which cannot be resolved through the process of mediation shall be brought in a court of competent jurisdiction in Orange County, California, that being the exclusive venue for any dispute between or any claims held by any of the parties to this Proposal. 11.Miscellaneous. This PROPOSAL constitutes the entire agreement of the parties and supersedes all prior written or oral agreements, representations and understandings relating to the subject matter hereof, with the exception of a valid Master Services Agreement between the parties under the terms of which this PROPOSAL shall be incorporated. This PROPOSAL shall not be amended or modified except by written instrument signed by the parties. The Parties agree that neither may assign its rights or duties under this contract without the prior written consent of the other Party, which consent shall not be unreasonably withheld. Each party has had an opportunity to consult with advisors of its own choosing, including legal counsel and/or accountants and has been advised regarding the legal and/or tax effects of this document. 12.Severability. The provisions of this Agreement are severable. If any provision of this Agreement or its application to any person or circumstance is ever held by any court of competent jurisdiction to be invalid for any reason, the remainder of this Agreement and the application of such provision or part of this Agreement to other persons or circumstances shall not be affected. Page: 8 of 9 Agenda Item No. 8. Page 146 of 201 1744 West Katella Ave. Suite 250 Orange, CA 92867 http://www.vplssolutions.com/ (213) 406-9000 Shipping Terms VPLS Solutions is pleased to present this Quote to Customer. Customer may place its order by signing below and returning this Quote to VPLS Solutions by facsimile or mail, or by submitting an order to VPLS Solutions, on Customer's purchase order form or other order form approved by VPLS Solutions, signed by Customer and which reference this Quote. Customer's order is subject to VPLS Solutions 's credit and acceptance requirements. VPLS Solutions, as applicable, may accept an order by providing Customer a written confirmation of acceptance, sent by mail, facsimile or other electronic means; by shipping the product; or by beginning performance of value-added work or services. VPLS Solutions, prior to its acceptance of Customer's order, may change this Quote. Customer's receipt of a changed Quote is VPLS Solutions's rejection of this Quote. Customer's order is governed solely by any applicable written agreement signed by VPLS Solutions and Customer in which the parties intend to apply to this order, or if there is no such written agreement, by VPLS Solutions 's standard Terms and Conditions available on request, which appear on VPLS Solutions 's packing slips and invoices and by this reference are incorporated herein. Also, if there is no such written agreements, customer's reference to this Quote in its order is Customer's agreement that only VPLS Solutions's Terms and Conditions apply to the order. Freight Damage. VPLS Solutions standard freight services do not include freight insurance. For ALL customers, whether Factory Drop Ship or shipped out of VPLS Solutions's warehouse, title and risk of loss pass to you upon delivery of the products to the carrier. All freight damage is your sole responsibility and if freight is damaged or lost during transit, you MUST work with the carrier to resolve any outstanding freight issues. Freight Insurance. Unless otherwise specified in your purchase order, all orders are booked without freight insurance. If you would like to have freight insurance for this order please contact your VPLS Solutions account manager or specify on your purchase order that you would like premium insured freight. If you would like a quote for premium insured freight please contact your VPLS Solutions account manager. Fuel Surcharges. Please note that beginning on August 4 VPLS Solutions will be separating out the fuel surcharge from the freight expense and adding this fuel surcharge as a separate line item to all invoices for orders shipped from our warehouse and for orders shipped from our factory drop ship suppliers, except where the freight expense from drop ship order is $0. Quotation Summary: Customer, by its signature below, places its order to VPLS Solutions for the products and services in this Quote. Orders may be returned via: email to quotes@vplssolutions.com Page: 9 of 9 Agenda Item No. 8. Page 147 of 201 Phase 1: FortiGate Installation Phase 1 will include configuration of Qty 6 - FortiGate 80E, Qty 2 - FortiGate 300E and all included services below: -Review SonicWall firewall setup and current configuration for each appliance -Annotate all web/application filtering rules, as applicable -Annotate all NAT/Port-Forwarding rules, as applicable -Annotate any outstanding configuration for port-over -Basic FortiGate configuration and setup on both appliances • VPLS will perform FIPS-CC compliant setup for CJIS -IP address, activation, preparation -MGMT IP within subnet scheme, confirm connectivity -Firmware and UTM Upgrade -WAN IP configuration, confirm connectivity -Activate support portal for TAC cases and license validation -Work w/ IT team to create optimal subnet/VLAN Scheme based on overall network topology • Not to exceed 10 Subnets per site or device -Create internal LAN based on internal VLAN/Subnet Scheme -Create necessary default VLANs, gateways, and next-hop connectivity based on internal VLAN/Subnet Scheme -Create Internal Segmentation Firewall (ISF) configuration to block/allow access from subnet to subnet -Confirm LAN connectivity to core/aggregation switches -Create outside WAN rules • Not to exceed 50 rules per site or device -Setup WAN rules for Outside to Inside connectivity • Not to exceed 50 rules per site or device -Configuration of VIP addresses for inbound connectivity -Test/Remediation -UTM Setup / Security Profiles -Work with IT team to determine UTM configuration • Not to exceed 5 unique profiles per security profile type -Setup web-filter policies, as needed -Rules based on VLAN considerations and FortiAuthenticator requirements -Setup application policies, as needed -Rules based on VLAN considerations and FortiAuthenticator requirements -Setup IPS/AV/DNS policies, as needed -Rules based on VLAN considerations and FortiAuthenticator requirements -Intrusion Prevention Rules based on industry-recommended practices -Setup deep packet SSL (SSL Inspection) -Assistance with self-signed cert creation -Deploy self-signed cert for networked devices via GPO or MDM integr ation -Verify deep packet SSL functionality for each forwarding rule -Test full network connectivity from core networks to remote networks -Setup Forticlient VPN Configuration -Integrate with directory services and/or FortiAuthenticator • VPLS will assign Fortinet NSE-8 certified engineer to this project • VPLS has included 4 hours (not to exceed) of remote Go -Live support (day after cutover) per site w/ 300E • VPLS has included 2 hours (not to exceed) of remote Go -Live support (day after cutover) per site w/ 80E • VPLS has included after-hours onsite cutover (from 3-8PM) per non-PD site and 7AM cutover for PD sites. These will not incur additional costs • VPLS has included 8 hours (not to exceed) of onsite discovery Agenda Item No. 8. Page 148 of 201 Phase 2: FortiAnalyzer Setup and Configuration -FortiAnalyzer Setup -Procure VM and install image with IT team assistance -Firmware upgrade -License activation and registration -Confirm IOC license activation -Establish connectivity between FortiAnalyzer appliance and installed FortiGate units in Phase 1 -FSSO (Fortinet Single-Sign On) Setup and FortiAuthenticator setup • Not to exceed 10 AD groups per site -Verify proper IP/AD reporting and propagation -Setup archiving -Create additional rules for AD mapping within FortiAnalyzer -Setup DC Agents on necessary domain controllers and establish connectivity -Verify log propagation within FortiAnalyzer -Point all applicable firewalls to FortiAnalyzer for processing Phase 3: Endpoint Protection & Compliance -Activate endpoint registration/telemetry licenses on applicable FortiGate appliances, as determined by IT team -Create profiles for compliance, telemetry and reporting purposes -Network Access Control policies based on device detection • Not to exceed 5 device types -Rollout of all applicable devices county-wide -Covers all covered licenses (200 Total) • Customer to uninstall any previous/legacy AV or VPN product if applicable Phase 4: FortiAuthenticator Setup -FortiAuthenticator basic network setup -Procure VM and install image with IT team assistance -Firmware upgrade -License activation and registration -Activate endpoint license -300 Licenses Total -SAML integration for Office 365, Azure, Active Directory for Single Sign-On -Integrate with deployed FortiGate units -Verify forwarding rules match SSO group membership based on SAML integration -Verify functionality across all FortiGate devices Phase 5: FortiSwitch Setup -Setup of county-wide switching for 27 devices -Assistance with physical connection of appliances to core/aggregation devices -Management configuration to FortiGate units (acting as controller) -VLAN configuration for Layer 2 functionality • Not to exceed 10 VLANs/site -IP scheme design and configuration -POE considerations for endpoint connectivity -QOS configuration for VoIP integration from edge to FortiGate unit Agenda Item No. 8. Page 149 of 201 Phase 6: Knowledge Transfer -Vendor will provide 1 day of knowledge transfer amongst two engineers to demonstrate all configurated services • Not to exceed 8 hours of knowledge transfer -Endpoint management -FortiAnalyzer report generation and monitoring • Not to exceed 5 reports, custom-written reports outside of scope -FortiGate management -FortiAuthenticator management -Vendor will provide updated network maps and documentation to reflect configuration -Layer 2/3 topologies -VLAN/Subnet schemes *Assumptions: -SSL Certificate Rollout will be for county managed devices and not a BYOD environment hosting solution -All licenses will be readily available for activation beginning on Day 1 of install -Maintenance windows for scheduled down-time will be planned before each cutover -SAML integration will be inclusive of Office 365, Azure Services, and AD, as appropriate -Endpoint protection will be based on license seat counts -IT Team will assist in VM creation and resource allocation for FortiAnalyzer and Fort iAuthenticator • Travel time will be billed at 1/2 rate and will not exceed $1,500 for the entire project. Project Management Vendor will provide project management services during the engagement to communicate project status and ensure delivery of the scope as outlined in this SoW. Project tasks may include, but not limited to: -Schedule and task management -Coordination of Vendor resources -Presenting status regularly via status calls and/or status reports -Providing task, issue and risk management, including issue escalation -Controlling change control process Agenda Item No. 8. Page 150 of 201 Staff Report TO: Mayor and City Council Members FROM:Todd Parton, City Manager DATE:September 3, 2019 SUBJECT:Approval of Requisition Greater than $25,000 Background and Analysis: The City of Beaumont Purchasing Ordinance requires City Council approval for purchases greater than $25,000 for goods and services. On March 1, 2018, the City entered into an agreement with Webb Municipal Finance, LLC., to provide CFD Administration & Special Tax Consulting Services for a term of three years. We are in year two of the agreement and have received our first invoice for the current fiscal year. The requisition is for the total annual amount including the first invoice received. Requisition Number Vendor Amount 825 Webb Municipal Finance, LLC 199,095.00 Fiscal Impact: The line item is an expected cost for the FY19-20 budget. Recommendation: 1. Approve requisition 825 in the amount of 199,095.00 payable to Webb Municipal Finance, LLC. City Manager Review: Todd Parton City Manager Agenda Item No. 9. Page 151 of 201 Attachments: Attachment A - Webb Municipal Finance Qtr 1 Invoice Agenda Item No. 9. Page 152 of 201 WEBB MUNICIPAL FINANCE,LLC 3750 McCray Street,Riverside,CA 92506 Phone:(951)200-8600 I Fax:(951)788-4139 INVOICE www.webbmfinance.com City of Beaumont -Finance Project :M20180062 Attention:Todd Parton,City Manager Project Name :Beaumont FY19-20 CFD 550 E.6th Street Annual Admin Beaumont,CA 92223 _Invoice #:20190427 Invoice Date:7/27/2019 Invoice Group :“‘ For Professional Services Rendered through:GI30I2019 Prior Percent Current Billed to Date Remaining Phase Description Phase Fee Billings Complete Total Charges llncludas current)Balance CFD 2016-1 Facilities 3,960.00/0.00 25.00 990.00 990.00 2,970.00 CFD 2016-1 Service 1.145.00'/0.00 25.00 286.25 286.25 858.75 CFD 2016-2 Facilities 3,960.00‘/0.00 25.00 990.00 990.00 2,970.00 CFD 2016-2 Public Service 1,145.00/0.00 25.00 286.25 286.25 858.75 CFD 2016-2 Service 1,145.0OI/0.00 25.00 286.25 286.25 858.75 CFD 2016-3 3,960.00?0.00 25.00 990.00 990.00 2,970.00 CFD 2016-3 Public Service 1,145.00)e 0.00 25.00 286.25 286.25 858.75 CFD 2016-3 Service 1,145.00‘?\0.00 25.00 286.25 286.25 858.75 CFD 2016-4 Facilities 3,960.00‘/0.00 25.00 990.00 990.00 2,970.00 CFD 2016-4 Public Service 1,145.00'/0.00 25.00 286.25 286.25 858.75 CFD 2016-4 Service 1,145.00‘/0.00 25.00 286.25 286.25 858.75 CFD 2018-1 Public Service 1,145.00»?0.00 25.00 286.25 286.25 858.75 CFD 2019-1 Facilities 3,960.00 2?0.00 25.00 990.00 990.00 2,970.00 CFD 2019.1 pubiic service 1,145.00’[5 0.00 25.00 286.25 286.25 858.75 CFD 2019-1 Service 1,145.00 1%0.00 25.00 286.25 286.25 858.75 CFD 93-1 IA 1 Facilities 3,960.00’0.00 25.00 990.00 990.00 2,970.00 CFD 93-1 IA 10 Facilities 3,960.00‘/0.00 25.00 990.00 990.00 2,970.00 CFD 93-1 IA 10 Service 1,145.00/0.00 25.00 286.25 286.25 858.75 CFD 93-1 IA 11 Facilities 3,960.00/0.00 25.00 990.00 990.00 2,970.00 CFD 93.1 1A11 service 1,145.00’0.00 25.00 286.25 286.25 858.75 CFD 93-1 IA 12 Facilities 3,960.00/0.00 25.00 990.00 990.00 2,970.00 CFD 93-1 IA 12 Service 1,145.00‘/0.00 25.00 286.25 286.25 858.75 CFD 93.1 |A 13 service 1,145.00/0.00 25.00 286.25 286.25 858.75 CFD 93-1 IA 14 Facilities 3,960.00/0.00 25.00 990.00 990.00 2,970.00 CFD 93-1 IA 14A Facilities 3.950.00‘/0.00 25.00 990.00 990.00 2,970.00 CFD 93-1 IA 14B Facilities 3,960.00‘-/0.00 25.00 990.00 990.00 2,970.00 CFD 93.1 1A14 service 1,145.00 '/0.00 25.00 286.25 286.25 858.75 CFD 93-1 IA 15 Service 1.145.00'/0.00 25.00 286.25 286.25 85875 Terms.Net due upon receipt‘1 1/2%Interest per month charged on past due accounts 115%Per Arinum)All disputes must be In writing within an days of the date orthis Invoice *l3‘Uq<N») Page 1 of3 Agenda Item No. 9. Page 153 of 201 Project :M20180062 --Beaumont FY19-20 CFD Annual Admin Invoice Group :**Invoice #:20190427 Phase Description CFD 93-1 IA 16 Facilities CFD 93-1 IA 16 Service CFD 93—1IA 17A Facilities CFD 93-1 IA 17A Service CFD 93-1 IA 17B Facilities CFD 93-1 IA 17B Senlice CFD 93-1 IA 17C Facilities CFD 93-1 IA 17C Service CFD 93-1 18 Facilities CFD 93-1 IA 18 Service CFD 93-‘I IA 19A Facilities CFD 93-‘I IA 19A Service CFD 93-1 IA 19C Facilities CFD 93-1 IA 19 C Service CFD 93-1 IA 2 Facilities CFD 93-1 IA 20 Facilities CFD 93-1 IA 20 Service CFD 93-1 IA 23 Service CFD 93-1 IA 3 Facilltes CFD 934 IA 3 Service CFD 93-1 IA 4 Facilities CFD 93-1 IA 5 Facilities CFD 93-1 IA BA Facilities CFD 931-IA 6A1 Facilities CFD 93-1 IA 6A1 Service CFD 93-1 IA GB Facilities CFD 93-1 IA 7A1 Facilities CFD 93-1 IA 7A1 Service CFD 93-1 IA 7B Facilities CFD 93-1 IA 7B Service CFD 93-1 IA 7C Facilities CFD 93-1 IA 7C Service CFD 93-1 IA7D Facilities CFD 93-‘I IA 7D Service CFD 93-‘I IA 8 Facilities CFD 93-1 IA BA Facilities CFD 93-1 IA BA Service CFD 93-1 IA 88 Facilities CFD 93-1 IA BB Service CFD 93-1 IA BC Facilities Albert A.Webb Associates Phase Fee 3.960.00_/ 1.145.00/ 3,9eo.o0/ 1.145.o0/ 3.9e0.00/ 1.145.0o/ 3,950.00’ 1.145.00/ 3.9s0.00/ 1,145.00/ 3,950.00’ 1,145.00’ 3,9e0.00/ 1,145.00/ 3.9e0.00/ 3.950.00/ 1,145.0o~/ 1.145.00/ 3.960.00‘/ 1.145.o0-/ 3,9s0.00/ 3.960.00/ 3,9e0.00/ 3,960.00'/ 1.145.00/ 3.950.00/ 3,9s0.0o/ 1.145.00‘/ 3,9e0.00/ 1,145.00/ 3,950.0o/ 1,145.00/ 3,9e0.00’-/ 1,145.00/ 3,960.o0/ 3,9eo.00/ 1,145.00“ 3,9so.o0/ 1,145.o0/ 3,9e0.00|/ PriorBillings 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Percent Current Billedto Date Complete Total Charges I|'"=l"d“C-men‘) 25.00 990.00 990.00 25.00 286.25 286.25 25.00 990.00 990.00 25.00 286.25 286.25 25.00 990.00 990.00 25.00 286.25 266.25 25.00 990.00 990.00 25.00 286.25 286.25 25.00 990.00 990.00 25.00 256.25 286.25 25.00 990.00 990.00 25.00 286.25 286.25 25.00 990.00 990.00 25.00 286.25 286.25 25.00 990.00 990.00 25.00 990.00 990.00 25.00 286.25 286.25 25.00 286.25 286.25 25.00 990.00 990.00 25.00 286.25 286.25 25.00 990.00 990.00 25.00 990.00 990.00 25.00 990.00 990.00 25.00 990.00 990.00 25.00 286.25 286.25 25.00 990.00 990.00 25.00 990.00 990.00 25.00 256.25 286.25 25.00 990.00 990.00 25.00 286.25 286.25 25.00 990.00 990.00 25.00 286.25 286.25 25.00 990.00 990.00 25.00 286.25 286.25 25.00 990.00 990.00 25.00 990.00 990.00 25.00 286.25 286.25 25.00 990.00 990.00 25.00 286.25 286.25 25.00 990.00 990.00 Remaining Balance 2,970.00 858.75 2,970.00 858.75 2,970.00 858.75 2,970.00 7 858.75 2,970.00 858.75 2,970.00 858.75 2,970.00 858.75 2,970.00 2,970.00 858.75 85875 2.97000 558.75 2,970.00 2,970.00 2.970.o0 2.970.00 858.75 2,970.00 2,970.00 858.75 2,970.00 858.75 2,970.00 05875 2.97000 858.75 2,970.00 2.970.00 858.75 2,970.00 858.75 2,970.00 Page 2 of 3 Agenda Item No. 9. Page 154 of 201 Project I M20180062 --Beaumont FY19-20 CFD Annual Admin Invoice Group :"‘Invoice #:20190427 Phase Description Phase Fee Efaigirlgtegtgtrarleirétliarges(?rIi'|=I|3|(1‘°:e=|Rra=$‘etl§§i'a1iaai;':ei "9CFD93-1 IA BC Service 1,145.00/0.00 25.00 286.25 286.25 858.75 CFD 93-1 IABDFacilities 3,960.00‘;0.00 25.00 990.00 990.00 2,970.00 CFD 93-1 IA 80 Service 1,145.00 0.00 25.00 286.25 286.25 858.75 CFD 93-1 IA 8E Facilities 3.95000L/ 0.00 25.00 990.00 990.00 2,970.00 CFD 93-1 IA 8E Services 1.145.00"/0.00 25.00 286.25 286.25 858.75 CFD 93-1 IA BF Facilities 3,960.00‘/0.00 25.00 990.00 990.00 2,970.00 CFD 93-1 IA 8F Service 1,145.00 ‘/0.00 25.00 286.25 286.25 858.75 CFD 93,-1 IA 3 Service __ 1,145.00 " _o.oo_ ,25._oq _* 286.25 288.25 > _353.75 CFD 93-1 IA 9 Facilities 3,960.00 ‘/ 0.00 25.00 990.00 990.00 2,970.00 CFD 93-1 IA 9 Service 1,145.00‘/0.00 25.00 286.25 286.25 858.75 Totals:199,095.00 0.00 25.00 49,773.75 49,773.75 149,321.25 Total Fee Earned To Date 49,773.75 Less Previous Billings 0.00 Amount Due this Invoice S 49,773.75 Albert A.Webb Associates Page 3 of 3 Agenda Item No. 9. Page 155 of 201 Remittance Copy -Please return with your payment payable to: WEBB MUNICIPAL FINANCE,LLC Phone:(951)200-8600 3750 McCray Street Fax:(951)788-4139 Riverside,CA 92506 www.webbm?nance.com City of Beaumont -Finance Project :M20180062 Attention:Todd Parton,City Manager Project Name :Beaumont FY19-20 CFD 550 E.6th Street Annual Admin B°a""'°"t’CA‘92223 Invoice #;20190427 Invoice Date:7/27/2019 Invoice Group :** Amount Due This Invoice:$49,773.75 Terms Net due upon receipt I 10%interest per month charged on past due accounts (13%Per Annum)Ail disputes must be In WIIIIFIQwithin 30 Hays OI the date of this Invoice Agenda Item No. 9. Page 156 of 201 Staff Report TO: Mayor and City Council Members FROM:Jeff Hart, Public Works Director DATE:September 3, 2019 SUBJECT:Review and Approval of Conceptual Design for West Side Fire Station and Authorization for Staff to Initiate the Final Design Phase Background and Analysis: In 2014, the City of Beaumont completed the Fire Station Facility Fee Study intended to reasonably estimate and apportion the total cost among undeveloped properties to construct certain fire station facilities which are needed to support the logical and orderly development of the City in accordance with City of Beaumont General Plan. In September of 2017, Trinity Partners, LLC, (the owner of the future Beaumont Village project) granted the City of Beaumont approximately five (5) acres of land to provide the new Fire and Police Station. This land is located on the northeasterly corner of Potrero Blvd. and the future realigned Western Knolls Ave (Attachment A). In May of 2018, the City Council awarded a Professional Services Agreement with Claremont Environmental Design Group (CEDG) for Architectural & Engineering (A&E) Services of the West Side Fire Station. Staff has been working with CAL FIRE and CEDG to develop conceptual floor plan and site layout design drawings (Attachment B) and is now ready to move on to the next phase of the project, schematic design and construction documents. Fiscal Impact: The cost of preparing the staff report is estimated to be $250. Recommendation: 1. Review and approve the conceptual design for the West Side Fire Station and authorize staff to initiate the final design phase. Agenda Item No. 10. Page 157 of 201 City Manager Review: Todd Parton City Manager Attachments: Attachment A - Project Location Map Attachment B - Beaumont West Side Fire Station Conceptual Plan Agenda Item No. 10. Page 158 of 201 Agenda Item No. 10. Page 159 of 201 Agenda Item No. 10. Page 160 of 201 j.--I Ijnlun-I.|.Ir|.-r.l.|.Iu.|.|.§-_|r|.I Attachment B Beaumont West Side Fire Station Conceptual Plan Agenda Item No. 10. Page 161 of 201 Agenda Item No. 10. Page 162 of 201 >_8_._=mQm Agenda Item No. 10. Page 163 of 201 >»n_._=mna Eu. Agenda Item No. 10. Page 164 of 201 Staff Report TO: Mayor and City Council Members FROM:Kari Mendoza, Administrative Services Director DATE:September 3, 2019 SUBJECT:Approval of Compensation Plan and Salary Table Background and Analysis: Labor negotiations concluded in late 2018, with several labor groups including the SEIU Local 721, Police Officers Association and the Police Managers Unit. As a result of those negotiations, salary ranges were adjusted and awarded July 1, 2019. Those adjustments are reflected on the attached Compensation Plan along with new positions or title changes. Fiscal Impact: All negotiated salary increases were budgeted for in Fiscal Year 19/20 budget. Recommendation: 1. Approval of the Compensation Plan and Salary Table. City Manager Review: Todd Parton City Manager Attachments: Compensation Plan Salary Table Agenda Item No. 11. Page 165 of 201 Page 166 of 201 Dated: August 26, 2019 Uniform Compensation Plan Page 1 of 2 - COMPENSATION PLAN - Adopted by City Council September 3, 2019 Position MOU Assigned To Salary Range First Step Top Step Account Technician SEIU 43 53 Administrative Services Director Employment Contract 84 94 Administrative Services Manager Professional/Technical/Manager 62 72 Animal Control Officer I SEIU 43 53 Animal Control Officer II SEIU 47 57 Assistant City Manager Employment Contract 95 105 Assistant Director of Community Services Professional/Technical/Manager 70 80 Assistant Director of Public Works Professional/Technical/Manager 60 70 Assistant Engineer SEIU 57 67 Assistant Fire Marshal Professional/Technical/Manager 61 71 Assistant Planning Director Professional/Technical/Manager 60 70 Assistant to the City Manager I/II/III Professional/Technical/Manager 48 70 Associate Planner SEIU 57 67 Budget Specialist Professional/Technical/Manager 58 68 Building/Grounds/Maintenance Supervisor Professional/Technical/Manager 55 65 Building/Grounds/Maintenance Worker SEIU 37 47 Building Inspector SEIU 51 61 Building Official Professional/Technical/Manager 80 90 Building Permit Technician I SEIU 39 49 Building Permit Technician II SEIU 45 55 Bus Driver – Lead SEIU 37 47 Bus Driver I SEIU 31 41 Bus Driver II SEIU 37 47 Chief of Police Employment Contract 94 104 Chief Plant Operator – Wastewater Professional/Technical/Manager 75 85 City Engineer / Public Works Director Employment Contract 92 102 City Manager Employment Contract 102 112 Communications Supervisor Professional/Technical/Manager 48 58 Community Enhancement Officer I SEIU 45 55 Community Enhancement Officer II SEIU 49 59 Collection Crew Supervisor Professional/Technical/Manager 51 61 Community Development Analyst Professional/Technical/Manager 54 64 Community Development Director Employment Contract 84 94 Community Services Director Employment Contract 82 92 Community Services Manager Professional/Technical/Manager 56 66 Customer Service Coordinator I SEIU 31 41 Customer Service Coordinator II SEIU 37 47 Customer Service Coordinator III SEIU 43 53 Customer Service Coordinator IV Professional/Technical/Manager 54 64 Customer Service Coordinator Lead Professional/Technical/Manager 50 60 Deputy Chief of Police Police Management 90 100 Agenda Item No. 11. Page 167 of 201 Dated: August 26, 2019 Uniform Compensation Plan Page 2 of 2 Position MOU Assigned To Salary Range First Step Top Step Deputy City Clerk Professional/Technical/Manager 62 72 Deputy City Manager Professional/Technical/Manager 78 88 Economic Development Manager Professional/Technical/Manager 70 80 Engineering Development Technician I SEIU 39 49 Engineering Development Technician II SEIU 45 55 Equipment Operator SEIU 39 49 Executive Assistant Professional/Technical/Manager 42 52 Finance Director Employment Contract 84 94 Information Technology Manager Professional/Technical/Manager 71 81 HR/Payroll Technician SEIU 42 52 IT Analyst I SEIU 40 50 IT Analyst II SEIU 48 58 Lead Building/Grounds Maint Worker SEIU 43 53 Lead Dispatcher POA 47 57 Lead Recreation Specialist SEIU 19 29 Lifeguard I/II/III SEIU 16 26 Maintenance Helper SEIU 23 33 Mechanic SEIU 43 53 Management Analyst SEIU 57 67 Planning Director Professional/Technical/Manager 66 76 Police Cadet 24 24 Police Commander Police Management 81 91 Police Corporal Police Officers Association 63 73 Police Lieutenant Police Management 80 90 Police Officer Police Officers Association 57 67 Police Records Specialist Police Officers Association 32 42 Police Sergeant Police Officers Association 69 79 Police Services Analyst Police Officers Association 55 65 Principal Engineer Professional/Technical/Manager 68 78 Public Safety Dispatcher I Police Officers Association 35 45 Public Safety Dispatcher II Police Officers Association 41 51 Police Trainee 43 43 Public Works Inspector SEIU 56 66 Public Works Manager Professional/Technical/Manager 68 78 Quality of Life Officer I SEIU 40 50 Quality of Life Officer II SEIU 44 54 Quality of Life Officer III SEIU 48 58 Quality of Life Officer Trainee SEIU 30 30 Records Supervisor Professional/Technical/Manager 48 58 Recreation Specialist SEIU 16 26 Resources Director Professional/Technical/Manager 66 76 Resources Manager Professional/Technical/Manager 54 64 Senior Accountant Professional/Technical/Manager 66 76 Senior Center Manager Professional/Technical/Manager 54 64 Solid Waste Recycling Manager Professional/Technical/Manager 58 68 Special Projects/PIO Professional/Technical/Manager 58 68 Agenda Item No. 11. Page 168 of 201 Dated: August 26, 2019 Uniform Compensation Plan Page 3 of 2 Position MOU Assigned To Salary Range First Step Top Step Senior Planner Professional/Technical/Manager 66 76 Support Services Director Professional/Technical/Manager 66 76 Street Maintenance Supervisor Professional/Technical/Manager 48 58 Street Maintenance Worker SEIU 43 53 Support Services Supervisor Police Officers Association 55 65 Support Services Specialist I Police Officers Association 29 39 Support Services Specialist II Police Officers Association 35 45 Support Services Trainee Police Officers Association 28 38 Transit Director Professional/Technical/Manager 74 84 Transit Operations Supervisor Professional/Technical/Manager 55 65 Vehicle Maintenance Supervisor Professional/Technical/Manager 48 58 Wastewater Collection System Worker I SEIU 43 53 Wastewater Collection System Worker II SEIU 47 57 Wastewater Plant Operator I SEIU 44 54 Wastewater Plant Operator II SEIU 50 60 Wastewater Plant Operator III SEIU 54 64 Wastewater Plant Operator IV SEIU 58 68 Wastewater Plant Operator V SEIU 62 72 Wastewater Plant Supervisor Professional/Technical/Manager 63 73 *Unfunded* Agenda Item No. 11. Page 169 of 201 Page 170 of 201 Step Annual Monthly Bi-Weekly Hourly Step Annual Monthly Bi-Weekly Hourly 0 17,638.44$ 1,469.87$ 678.40$ 8.48$ 57 72,072.00$ 6,006.00$ 2,772.00$ 34.65$ 1 18,075.24$ 1,506.27$ 695.20$ 8.69$ 58 73,860.84$ 6,155.07$ 2,840.80$ 35.51$ 2 18,532.80$ 1,544.40$ 712.80$ 8.91$ 59 75,711.96$ 6,309.33$ 2,912.00$ 36.40$ 3 18,990.36$ 1,582.53$ 730.40$ 9.13$ 60 77,604.84$ 6,467.07$ 2,984.80$ 37.31$ 4 19,468.80$ 1,622.40$ 748.80$ 9.36$ 61 79,539.24$ 6,628.27$ 3,059.20$ 38.24$ 5 19,947.24$ 1,662.27$ 767.20$ 9.59$ 62 81,536.04$ 6,794.67$ 3,136.00$ 39.20$ 6 20,446.44$ 1,703.87$ 786.40$ 9.83$ 63 83,574.36$ 6,964.53$ 3,214.40$ 40.18$ 7 20,966.40$ 1,747.20$ 806.40$ 10.08$ 64 85,654.44$ 7,137.87$ 3,294.40$ 41.18$ 8 21,486.36$ 1,790.53$ 826.40$ 10.33$ 65 87,796.80$ 7,316.40$ 3,376.80$ 42.21$ 9 22,027.20$ 1,835.60$ 847.20$ 10.59$ 66 90,001.56$ 7,500.13$ 3,461.60$ 43.27$ 10 22,588.80$ 1,882.40$ 868.80$ 10.86$ 67 92,247.96$ 7,687.33$ 3,548.00$ 44.35$ 11 23,150.40$ 1,929.20$ 890.40$ 11.13$ 68 94,556.76$ 7,879.73$ 3,636.80$ 45.46$ 12 23,712.00$ 1,976.00$ 912.00$ 11.40$ 69 96,927.96$ 8,077.33$ 3,728.00$ 46.60$ 13 24,315.24$ 2,026.27$ 935.20$ 11.69$ 70 99,361.56$ 8,280.13$ 3,821.60$ 47.77$ 14 24,918.36$ 2,076.53$ 958.40$ 11.98$ 71 101,816.04$ 8,484.67$ 3,916.00$ 48.95$ 15 25,542.36$ 2,128.53$ 982.40$ 12.28$ 72 104,374.44$ 8,697.87$ 4,014.40$ 50.18$ 16 26,187.24$ 2,182.27$ 1,007.20$ 12.59$ 73 106,974.36$ 8,914.53$ 4,114.40$ 51.43$ 17 26,832.00$ 2,236.00$ 1,032.00$ 12.90$ 74 109,657.56$ 9,138.13$ 4,217.60$ 52.72$ 18 27,518.40$ 2,293.20$ 1,058.40$ 13.23$ 75 112,403.16$ 9,366.93$ 4,323.20$ 54.04$ 19 28,204.80$ 2,350.40$ 1,084.80$ 13.56$ 76 115,211.16$ 9,600.93$ 4,431.20$ 55.39$ 20 28,911.96$ 2,409.33$ 1,112.00$ 13.90$ 77 118,081.56$ 9,840.13$ 4,541.60$ 56.77$ 21 29,619.24$ 2,468.27$ 1,139.20$ 14.24$ 78 121,035.24$ 10,086.27$ 4,655.20$ 58.19$ 22 30,368.04$ 2,530.67$ 1,168.00$ 14.60$ 79 124,071.96$ 10,339.33$ 4,772.00$ 59.65$ 23 31,116.84$ 2,593.07$ 1,196.80$ 14.96$ 80 127,171.20$ 10,597.60$ 4,891.20$ 61.14$ 24 31,907.16$ 2,658.93$ 1,227.20$ 15.34$ 81 130,353.60$ 10,862.80$ 5,013.60$ 62.67$ 25 32,697.60$ 2,724.80$ 1,257.60$ 15.72$ 82 133,598.40$ 11,133.20$ 5,138.40$ 64.23$ 26 33,508.80$ 2,792.40$ 1,288.80$ 16.11$ 83 136,947.24$ 11,412.27$ 5,267.20$ 65.84$ 27 34,361.64$ 2,863.47$ 1,321.60$ 16.52$ 84 140,358.36$ 11,696.53$ 5,398.40$ 67.48$ 28 35,214.36$ 2,934.53$ 1,354.40$ 16.93$ 85 143,873.64$ 11,989.47$ 5,533.60$ 69.17$ 29 36,087.96$ 3,007.33$ 1,388.00$ 17.35$ 86 147,471.96$ 12,289.33$ 5,672.00$ 70.90$ 30 37,003.20$ 3,083.60$ 1,423.20$ 17.79$ 87 151,153.56$ 12,596.13$ 5,813.60$ 72.67$ 31 37,918.44$ 3,159.87$ 1,458.40$ 18.23$ 88 154,939.20$ 12,911.60$ 5,959.20$ 74.49$ 32 38,875.20$ 3,239.60$ 1,495.20$ 18.69$ 89 158,808.00$ 13,234.00$ 6,108.00$ 76.35$ 33 39,852.84$ 3,321.07$ 1,532.80$ 19.16$ 90 162,780.84$ 13,565.07$ 6,260.80$ 78.26$ 34 40,830.36$ 3,402.53$ 1,570.40$ 19.63$ 91 166,857.60$ 13,904.80$ 6,417.60$ 80.22$ 35 41,849.64$ 3,487.47$ 1,609.60$ 20.12$ 92 171,017.64$ 14,251.47$ 6,577.60$ 82.22$ 36 42,910.44$ 3,575.87$ 1,650.40$ 20.63$ 93 175,302.36$ 14,608.53$ 6,742.40$ 84.28$ 37 43,971.24$ 3,664.27$ 1,691.20$ 21.14$ 94 179,691.24$ 14,974.27$ 6,911.20$ 86.39$ 38 45,073.56$ 3,756.13$ 1,733.60$ 21.67$ 95 184,163.16$ 15,346.93$ 7,083.20$ 88.54$ 39 46,196.76$ 3,849.73$ 1,776.80$ 22.21$ 96 188,780.76$ 15,731.73$ 7,260.80$ 90.76$ 40 47,361.60$ 3,946.80$ 1,821.60$ 22.77$ 97 193,502.40$ 16,125.20$ 7,442.40$ 93.03$ 41 48,547.20$ 4,045.60$ 1,867.20$ 23.34$ 98 198,327.96$ 16,527.33$ 7,628.00$ 95.35$ 42 49,753.56$ 4,146.13$ 1,913.60$ 23.92$ 99 203,299.20$ 16,941.60$ 7,819.20$ 97.74$ 43 51,001.56$ 4,250.13$ 1,961.60$ 24.52$ 100 208,374.36$ 17,364.53$ 8,014.40$ 100.18$ 44 52,270.44$ 4,355.87$ 2,010.40$ 25.13$ 101 213,574.44$ 17,797.87$ 8,214.40$ 102.68$ 45 53,580.84$ 4,465.07$ 2,060.80$ 25.76$ 102 218,919.96$ 18,243.33$ 8,420.00$ 105.25$ 46 54,932.76$ 4,577.73$ 2,112.80$ 26.41$ 103 224,390.40$ 18,699.20$ 8,630.40$ 107.88$ 47 56,305.56$ 4,692.13$ 2,165.60$ 27.07$ 104 230,006.40$ 19,167.20$ 8,846.40$ 110.58$ 48 57,699.24$ 4,808.27$ 2,219.20$ 27.74$ 105 235,747.20$ 19,645.60$ 9,067.20$ 113.34$ 49 59,155.20$ 4,929.60$ 2,275.20$ 28.44$ 106 241,633.56$ 20,136.13$ 9,293.60$ 116.17$ 50 60,632.04$ 5,052.67$ 2,332.00$ 29.15$ 107 247,665.60$ 20,638.80$ 9,525.60$ 119.07$ 51 62,150.40$ 5,179.20$ 2,390.40$ 29.88$ 108 253,863.96$ 21,155.33$ 9,764.00$ 122.05$ 52 63,689.64$ 5,307.47$ 2,449.60$ 30.62$ 109 260,208.00$ 21,684.00$ 10,008.00$ 125.10$ 53 65,291.16$ 5,440.93$ 2,511.20$ 31.39$ 110 266,718.36$ 22,226.53$ 10,258.40$ 128.23$ 54 66,913.56$ 5,576.13$ 2,573.60$ 32.17$ 111 273,395.16$ 22,782.93$ 10,515.20$ 131.44$ 55 68,598.36$ 5,716.53$ 2,638.40$ 32.98$ 112 280,238.40$ 23,353.20$ 10,778.40$ 134.73$ 56 70,304.04$ 5,858.67$ 2,704.00$ 33.80$ 113 287,247.96$ 23,937.33$ 11,048.00$ 138.10$ City of Beaumont Salary Range Table Effective 9/3/19 Agenda Item No. 11. Page 171 of 201 Page 172 of 201 Staff Report TO: Mayor and City Council Members FROM:Jeff Hart, Public Works Director DATE:September 3, 2019 SUBJECT:Receive and File the Potrero Bridge Project Summary and Construction Change Order Update Background and Analysis: Potrero Bridge Project Update: Potrero Boulevard Phase 1 and 1A construction activities are nearing completion with an estimated completion date in September 2019. Please see lists below of recent, and remaining project milestones to be completed. Recent project milestones include: Permanent erosion control Drainage system for both east and westbound 60 freeway Slope paving and specialty cuts AC paving on Potrero (CCO 05) Installation of metal beam guard rails at bridge ends Installation of chain link fence/gate Grinding of bridge deck and skid test Joint seal/Armor plate bridge Remaining project milestones for completion include: Southern California Edison service drops at Western Knolls and the north side of Potrero Blvd. Final signing and striping on Potrero Install and energize lights on new bridges Install survey monuments Bridge fence Agenda Item No. 12. Page 173 of 201 Change Order No. 5A Update: The original construction change order #5 (CCO 5) plans called for a two-lane paved surface (single lane each way) from the south side of the Potrero bridge abutment, to approximately 600’ north of 4th Street. CCO 5A will allow Potrero Blvd. to be paved at full width (122 feet) in the areas that were going to be reduced to two lanes. The pavement thickness will be 0.60’ hot mix asphalt (HMA) on top of 1.25’ of Class II base, while the 0.15’ HMA final cap will be placed in Phase II of the project in order to minimize construction damage and provide a clean, uniform surface upon completion. This contract change order will also extend the construction management contract for Falcon Engineering by two months to allow for project closeout. The resident engineer for this project has reviewed and recommended this change order. The following table is an overview of project funding available for Phase 1/1A of the project: Funding Source Funding Amount Federal $13,443,872.00 Local (from RSI Communities)$1,700,000.00 Local (from ASM Beaumont Investors)$340,000.00 Local (from RSI Denley Investment)$1,445,000.00 Local (from Lassen Development)$2,890,000.00 Local (from Lassen Development for Utility Improvements) (CCOs #9 and #12)$1,912,559.16 Local (from Lassen Development for Utility Improvements) (CCOs #14)$1,348,191.17 Local (from USEF Crossroads)$1,133,000.00 Local (from Wolverine)$652,644.27 TOTAL $24,865,266.60 The following is a revised comprehensive breakdown in project costs: Potrero Budget Amount Actual Remaining Design $617,277.62 $597,804.64 $19,472.98 Environmental $1,170,816.84 $1,169,263.00 $1,553.84 Right of Way $987,185.00 $982,603.92 $4,581.08 Utilities $438,895.08 $43,428.19 $395,466.89 Construction Management $2,549,468.34 $2,523,890.29 $25,578.05 Construction $14,031,991.40 $13,916,744.96 $115,246.44 Contingency $5,069,632.32 $4,676,894.32 $392,738.00 Total $24,865,266.60 $23,910,629.32 $954,637.28 Agenda Item No. 12. Page 174 of 201 The contract change orders to date are summarized below: CCO No.Description Reason for Change Federal Funds Other Funds Total 1 Encroachment Permit Not identified in Plans $65,010.00 $8,690.00 $73,700.00 2 Dispute Resolution Board (DRB) Agreement Mandatory agreement for federal contracts over $10 Million. Costs shared by the City and Contractor. $15,878.00 $2,122.00 $18,000.00 3 Maintain Traffic Furnishing and installing additional traffic control devices to maintain safety. $44,105.00 $5,895.00 $50,000.00 4 Maintain Electrical Keep and maintain temporary electrical system and replace previously damaged systems. $17,642.00 $2,358.00 $20,000.00 5 Potrero Widening to Ultimate Safety, erosion and to tie into new development. $844,250.40 $112,949.60 $957,200.00 5A Potrero Full Width Paving Paving Potrero full width 122 feet, from STA 454+00 to STA 464+70. $491,741.16 $65,788.49 $557,529.65 6 Modify AC Specifications Modify specification to more readily available mix to avoid project delays. $0.00 $0.00 ($22,800.00) 7 Modification Allows for $0.00 $0.00 $0.00 Agenda Item No. 12. Page 175 of 201 to Lane Closure Chart earlier traffic closures. 8 ADL Variance No hazardous material found on site. N/A $0.00 ($42,294.16) 9 Water Line Improvements Addition of 2 24” Domestic and 1 24” Reclaimed Water Line including 4 Utility Block- outs to accommodate future development $0.00 $140,847.10 $140,847.10 10 Brine Line Improvements (Change Order 1 for the Brine Line) Addition of 12” Brine Line during construction $0.00 $238,615.70 $0.00 11 Brine Line Improvements (Remaining Work) (Force Account) (Change Order 2 for the Brine Line) Addition of 12” Brine Line during construction $0.00 $324,043.15 $0.00 12 Water Line Improvements (Remaining Work) Addition of 2 24” Domestic and 1 24” Reclaimed Water Line including 4 Utility Block- outs to accommodate future development $0.00 $1,526,712.06 $1,526,712.06 13 Remove & Install Chain Link Fence Improve safety for motorists, pedestrians, and surrounding businesses. $0.00 $128,700.00 $128,700.00 Agenda Item No. 12. Page 176 of 201 14 Waterline Improvements (Exterior of Bridge) Extending 2 24” Domestic and 1 24” Reclaimed Water Line from bridge structure to west of 4th Street to accommodate future development $0.00 $1,158,378.37 $1,158,378.37 15 Installation of 8” Drain at Abutments Plan sheets showed installation of drain which is typically a bid item. Payment method does not exist in the original contract. $0.00 $28,447.21 $28,447.21 16 Concrete Barrier and Permanent Crash Cushion Installation Install concrete barrier to extend to STA 326+00 to provide overlap for the existing MGS. Use type SCI- 100 GM crash cushion for end treatment. $0.00 $134,699.93 $134,699.93 17 Eliminate and Credit Bid Item #1088 “Prepare and Stain Concrete” This work was deleted to create and keep the continuity of the architectural treatment for phase 1 and future phase 2 projects. $0.00 $0.00 ($94,520.00) $1,478,626.56 $3,878,246.61 $4,634,600.16 Agenda Item No. 12. Page 177 of 201 Fiscal Impact: The cost of preparing the staff report is estimated to be $350. Recommendation: 1. Receive and file the Potrero Bridge Project Summary and Construction Change Order Update. City Manager Review: Todd Parton City Manager Attachments: Attachment A - CCO5A Paving Potrero Blvd Full Width Agenda Item No. 12. Page 178 of 201 Pavhg Potrero Blvd.ful width 122'from station 454400 to Station 464+70.The section thickness w?l be 0.60’HMAover 1.25‘Class II Base.The 0.15‘HMAcap hyer wll be placed in the Potrero Phase II Project Th's Conlracct Change Order wil also extend the Construction management contract by two months to allow for Project closeout. mm-::August 20,201 9 FROM:JEFF HART.PUBLIC wonxs DIRECTOR cm:or BEAUMONT TO:0R'l1ZEN1'ERPSES,ma PU BIJC WORKS DEPARTMENT CONTRACTCHANGEORDER NO.005A SR-GOIPOTREROBOULEVARD INTEIGHANGE PROJECTPHASE 1I1 A INSTHJCHONS TO THE CONTRACTORAT THE REQUEST OF THE CITY ENGINEER: Ilethod of Payment Agreed Price and Agreed Unit Price TOTAL AIIOUNTOF CHANGE ORDER #005-S-1 $557,529.65 CONTRACTAMOUNTRECONCIIJATION CONTRACTAMOUNT 5 13.981.454.00 PREVIOUSAPPROVED CHANGEORDERS 1-17 5 18.621.182.86 CHANGE ORDER NO.0053-1 5 557,529.65 TOTAL COST OF CONTRACT AS PER CHANGE ORDER NO.005-S-1 =5 19,1 18,71 2.51 The undersigned contractor approves the foregohg Change Order#g as to the changes,I any.in the contract price speci?ed for each item including any and al supenrision costs and other miscellaneous costs relating to the change in work.and as to the extension of time allowed,if any.for completion of the entire work on account of said change _Order#§A.‘the contractor agrees to furnish all labor and materhts and perform all other necessary work,inclusive of the directly or indiectty related to the approved time extension.required to complete the change Order items.Th document wit become a supplementof the contract and al provisions wl apply hereto.It is understood that the Change Order shall be effective when approved by the Owner. Execution of this Change Order by the Contractor constitutes a birding accord and satisfadion that fuly safs?es.waives.and releases the Owner from all ctairrs.demands.costs.and tbiliies.in Contract,law or equity.arising out of or related to the subject of the change order,whether known or unknown.including but not limited to diect and indiect costs andlor damages for delay,disruption,cceteration.loss of productivity.and stacking of trades.as well as any and al consequenfal damages. Agenda Item No. 12. Page 179 of 201 ..-adieu d ant :,I Cir HIIA r In Ir IIAHXIIAIK To: 5-5: Ml?lll?ias $;;i.-;_e|.@!2r,1:;Aw"‘<:'~itB'iU3= DiubdM?nBginaa?hmwdamu?I?emi:ahsm?usdheSpacHHwT?mwwB%?nCummm'hlu fI?.'Iu'lng&aIIGk: Tluiscluaugeonlurptmldcsforz TISHIIHBII-#10 ¢‘:IhuJaIPaqmnI: Date: Resident Eng'nee1: Calhuns EANo: August 20.2019 KurtP ($341414 A!§'!.'_- ?sl?ciw Overs?iEn ineer P-INFO -_........H'I'OF .I.......-.......-.- BESTFORCONCIJRIIBICE M0050 $000 $557.529.s5 Agenda Item No. 12. Page 180 of 201 ,»..- Tll‘ STATEOF CALIFORNIA-DH’ARTMENTOF TRANSPORTATION CHANGEORDER Pg:1 or 2 cau£m(REvo6I2o1B){D—A.,E "" [08ILO:2019 7°“-5 02.341414 0 .E .C ?WI'RE'I'K. Fm“ IN m.R[E_m Riv-60-28.71302 CityofBenmnmt Fame.DEM10L'5209(003) cnmeeamamo.‘suI=I=I.aan'uo.cxrseoavcnus :¢=0NT|lI£«‘ENGYBAlAIII=E0rIcIIiIu’"E"?isdunua) 005 1.00 5 $557 529-65 nuance |:|nEcaEA'sE I-IEADQUAIUBISAPPROVALUIREJ?’I:IYES|:|uo i3m_.,.“.$=,;__.-: s uoo D”'3'” uRIelNA.LooN1RAc1'‘l'lIlEAD.I.|S'l'IlBlT PREVIOUSLYAPPROVEJ PERCEITAGEIIIIEADJUSTED 1'o'rAL#oFmREouNctLEn TIIE THISGHANGE TnEAn.Ius1uI-Ins:(lnduiagi-isdnanse)na=Er_zREn11uE (ilil?ié?isd?ue) __220 nAY(s)De?'DAY(s)0 DAY(S)0 95 1HIscHAMaE'oI:nERPRo\II)EsFuR(IJseauuiinaIpagasneaiau); Tl-Is___;_...._9~__I=|I=ne SIq:plenentalmmmgtopavePuuemBlvd.m?wid?n?unsIaEm454+00b464 +70.O:iginaIlyccO005haclPohemBlvd.beingpmedm?v?dh9nbom§desd&emwweruns§n9sunmmiglh?hmmwused?ecC0bhe modi?ed solhatonlytwn Iarseswnuldbepavedonead1sideof?1eb?dgesm?Ie?eisat4?1Sueatam0livewood.Phaselo?hePmjectknear completionandfundsmnambpaw?emumsHedPohem?M. m??dmm??eRimofuHhsheeL?emadwaysedimwmbehuiltlhroughtheraisednediansedimu?m?enedhnuwbemgphcedmpMseIlM?ePwuombldatge. ?iswmhdppmtectihesubgradeof?nenewmadwayandallawthenemyoonsmnctedslnrmdrainageirielstofunc?onpmpe dyaswellasfaciitate?emnsmn?mofphasellmuma?emeuami?nnsuipigeasiermjohPalIerI:Blvd.1:|fourIlIsI1eet.{).15'1in:-1l¢:ap\IIIill beb?o?d?mmuemsmmxmlsec?onbhemwim?emtshuuhnm?asellmun?emramtkledmadwayatthe completion of phase II. 1'tisGhange0rderun'?alaoaddsI.IpplernenIal?mdingtnFahonEngit|eeringSewiaesctIn'elIt¢:mtracttoe3deIIdIhepmjet:t aomplelion datetothe midd|eufSepl1ember,2019and closeout. _IIe1hod ofPa mam: UnitPrioe _Agleedlumpsumpncing 11\eResidettEngineerrecoImnends?1‘sd'|angeorderbbeap[luved. ADARW“Fdh?idIHs?IwsmyGQ)?al%mmWl$a!a?mdmmmhm$.E'wan$mmH?nd?Lmu1mF??s MaIage1naluia(916)445-1Eu.?Y111.¢uBebRan¢hauFunsIhrmemat112DNsIrad.IlSm.Sa:-aIIa'nln,(:A95I!I4. Agenda Item No. 12. Page 181 of 201 ,,__ (N3) thin W_wA_ ’ ind ‘ V . -a-—InIi=n.= :_d:—u ‘ ’’V '«"~II$h.II: ''Cha¢0nhr Ihibr II I ‘inn d d?lllia?ilun lhrlieltuwnuluzilllnnh airmen _,, ‘I V _ su "EL........................1 1 In: .. ‘ ahead nu -luln spa s Am;mu}$2;a J nun-.- S'I'A'|'EOFCAI.lF?iNA-DB’AR'I'IlBl'l'OFTRNlSP(I?'A'l'lON CHANGEORDER °*% Agenda Item No. 12. Page 182 of 201 Agenda Item No. 12. Page 183 of 201 u u u u u u. an n Agenda Item No. 12. Page 184 of 201 :2 =5“"isg88,1-93HK. _ d.9FEIi!man.i._bun3.Es» sum.._NPasMsan.“3%an.emi. eW.0H3. avg.52.5 n.__.s=_aa.._22..z.:9: <23...ulna “=2. Sci.. ._.oE ma2?*’,,gJa:|. Agenda Item No. 12. Page 185 of 201 Page 186 of 201 Staff Report TO: Mayor and City Council Members FROM:Kristine Day, Assistant City Manager DATE:September 3, 2019 SUBJECT:Wastewater Treatment Plant Expansion/Renovation and Brine Pipeline Installation Project Status Update; and Authorize an Additional $100,000.00 for the City Manager to Execute Agreements for Archaeological, Biological and Tribal Monitoring for the Brine Line and the Wastewater Treatment Plant for a Total Amount Not to Exceed $350,000.00 Background and Analysis: Reach 1 The contractor continues to work three crews on pipe installation, paving, ground water assessment and boring. Construction team met on 8/28/2019, to review the groundwater monitoring wells for pipe installation. The contractor installed 43 monitoring sites and have been collecting weekly data for four weeks. As of 8/28/2019, 9 of the 43 areas still show some ground water above the installation depth of the pipe. Several construction areas were able to be adjusted up and still maintain appropriate pipe depth. De- watering at this point should be minimal. The Construction team will continue to monitor. Approximately 48,812 linear feet of brine line have been installed to date. Contractor has requested 38 inclement weather days to date. The three week look ahead schedule is included as an attachment to this report (Attachment A). Reach 2 The contractor is now working four crews in separate areas focusing on pipe installation, bore pits and paving. Specific locations can be seen on the look ahead schedule. Connection plans for the brine line to SAWPA and the monitoring stations are still in progress with the design team. Approximately 32,961 linear feet of brine line have been installed to date. Contractor has requested 13 inclement weather days to date. Agenda Item No. 13. Page 187 of 201 The three week look ahead schedule is included as an attachment to this report (Attachment B). Approved Change Orders: CO No.Contracto r Description Reason for Change Amount 1 (Potrero CO 10)Ortiz Brine Line Improvements (Pre-Authorized) Addition of 12” Brine Line during construction $238,615.70 2 (Potrero CO 11)Ortiz Brine Line Improvements (Remaining Work) (Force Account) Addition of 12” Brine Line during Construction $324,043.15 Not to Exceed but direct to Force Account 3 Weka, Inc. Brine Line Improvements Potrero Boulevard – 4th Street Addition of 12” Brine Line During Construction $646,482.65 4 Weka, Inc. County of Riverside Encroachment Permit Credit City paid fee for encroachment permit, but ($45,460.00) 5 Weka, Inc. Potrero Bridge / Caltrans Right-of- Way Brine Line Installation Requirements $110,394.90 6 Weka, Inc. Changes and Modifications to Brine Line Installation on 4th Street & Potrero Rd. Drain Installation, Add Vent Line to MH, and 4th Street Brine Line Changes $12,821.87 7 T.E. Roberts, Inc. Unknown Utility Crossings and Associated Potholing Additional Potholes Not on Plans $14,300.00 8 Weka, Inc. Heartland Parkway and Potrero Boulevard Site Condition Restorations Site Condition Changes $41,076.93 Brine Line Contingency Budget Amount Change Orders 1-8 Remaining $2,600,000.00 $1,342,275.20 $1,257,724.80 Agenda Item No. 13. Page 188 of 201 Agency Description Amount City of San Bernardino Brine Line Encroachment Permit $682.50 Riverside County Tax Collection Permit for Brine Line $2,000.00 Union Pacific Railroad (UPRR)Pipeline Crossing Agreement & Encroachment Permit $98,655.00 San Bernardino Flood Control Brine Line Encroachment Permit $9,539.00 San Bernardino Flood Control 408 Permit $48,500.00 City of Redlands Plan Check Fees $2,500.00 City of Loma Linda Plan Check Fee for Brine Line $13,000.00 SAWPA Brine Line Encroachment Permit Deposit $20,000.00 County of San Bernardino CEQA Environmental Filing Fee $50.00 Riverside County – Paid by Weka Permit for Brine Line – Supplemental Inspection Fee $45,460.00 California Department of Fish & Wildlife 1602 Permit $5,145.75 State Water Resources Control Board 401 WQC $24,197.00 Various monitoring required by EIR Paid Hourly $250,000.00 Southern California Edison Permit $6,951.84 Total $526,681.09 The project accounting for the Brine Line Project is as follows: Brine Line Budget Amount Actual Remaining Design $2,082,357.37 $1,729,288.35 $353,069.03 Construction Management $3,436,471.38 $1,304,972.62 $2,131,498.76 Permit $508,240.25 $276,681.09 $231,559.16 Construction $31,884,226.35 $17,261,266.53 $14,622,959.82 Contingency $2,600,000.00 $1,342,275.20 $1,257,724.80 Total $40,511,295.35 $21,914,483.79 $18,596,811.57 Wastewater Treatment Plant Expansion/Renovation Project: Construction work continues on the MBR/RO Startup, aeration basin formwork & Reinforcing, Electrical Building PEMB erection, installation of fine screens and gates, MBR metals and gates, Headworks Duct Bank 104, A-Basin False Work, MBR Metal Building assembly, Fine Screens Canopy, and Recycled Water Pump Station F/R/P slab. Agenda Item No. 13. Page 189 of 201 Upcoming pours include duct-bank 104, aeration basin walls, aeration basin SOG, and MVSG Pad. Contractor will continue to dig/lay/backfill the 30” MBR/RO effluent line and 24” storm drain. Contractor has requested 38 inclement weather days to date and 37 days have been approved. The three week look ahead schedule is attached for review (Attachment C). Approved Change Orders: CO No.Description Reason for Change Amount 1 MBR System Improvements Enhance the performance of MBR System $149,741.00 2 RO System Electrical Modifications & Storm Drain System Material Change Design & Material Updates ($245.00) 3 New Aeration Basin 1 through 3 Excavation Conflict with Existing Utilities $19,998.00 4 Structural and Mechanical Modifications Pre-Selected Submittals $57,450.64 5 Vactor Truck Dump Station Modifications Conflict with Construction NTE $15,000.00 6 EDI/Fine Coarse Bubble Diffuser Equipment Design Change $24,298.00 7 Various Changes – MBR/RO Structural, Site Civil & Headworks SCADA Design Modifications Design Changes $59,167.49 8 Various Changes - Demolition, Piping Realignment, Material Change, and Electric Actuated Valve Voltage Change Unforeseen Conditions and Value Engineering $7,942.00 WWTP Contingency Budget Amount Change Orders 1-8 Remaining $4,000,000.00 $333,352.13 $3,666,647.87 Agenda Item No. 13. Page 190 of 201 WWTP Budget Amount Paid to Date Remaining Design $2,709,798.23 $2,556,649.26 $153,148.97 Construction Management $5,308,585.72 $1,268,018.24 $4,040,567.48 Equipment $252,906.00 $210,793.50 $42,112.50 Permits $324,776.76 $50,801.32 $273,975.44 Construction $53,910,737.00 $16,357,537.13 $37,553,199.87 Contingency $4,000,000.00 $158,696.67 $3,841,303.33 Total $66,506,803.71 $20,602,496.12 $45,904,307.59 Archaeological, Biological and Tribal Monitoring: The Wastewater Treatment Plant Expansion/Renovation and Brine Pipeline Installation Projects are required to have archaeological, biological and tribal monitoring. On December 4, 2018, City Council authorized the City Manager to execute agreements in an amount not to exceed $250,000. The Project requires additional tasks requested by regulatory permitting agencies as part of the regulatory permitting consultation process. Some of these requirements are needed for Army Corps of Engineers (408 Permit), CEQA Documents, and California Department of Fish and Wildlife. As a result, staff is recommending increasing this authorization by $100,000 for a total not to exceed amount of $350,000. Fiscal Impact: No additional fiscal impacts beyond the project budget. Recommendation: 1. Receive and file the project updates. 2. Authorize an Additional $100,000.00 for the City Manager to Execute Agreements for Archaeological, Biological and Tribal Monitoring for the Brine Line and the Wastewater Treatment Plant for a Total Amount Not to Exceed $350,000.00. City Manager Review: Todd Parton City Manager Attachments: Agenda Item No. 13. Page 191 of 201 Attachment A - Brine Line Reach 1 - 3 Week Schedule Attachment B - Brine Line Reach 2 - 3 Week Schedule Attachment C - WWTP - 3 Week Schedule Agenda Item No. 13. Page 192 of 201 ID Task Name Start Finish 1 THREE WEEK LOOK AHEAD SCHEDULE 8/27/19 2 BRINE LINE CONSTRUCTION Mon 8/19/19 Fri 9/13/19 3 Differing Site Conditions, Ground Water Delay Skip 12" HDPE Install STA 417+00 ‐ 398+00 Mon 8/19/19 Fri 9/13/19 4 Differing Site Conditions Ground Water Delay Skip Maintenance Manhole Installation STA 414+25 & 399+25 Mon 8/19/19 Fri 9/13/19 5 Differing Site Conditions Ground Water Delay Skip 12" HDPE Install STA 363+72 ‐ 301+00 Mon 8/19/19 Fri 9/13/19 6 Differing Site Conditions Ground Water Delay Skip Maintenance Manholes STA 359+25, 355+24, 340+75, & 325+25 Mon 8/19/19 Fri 9/13/19 7 Differing Site Conditions Ground Water Delay Skip 12" HDPE Install STA 271+33 ‐ 263+00 Mon 8/19/19 Fri 9/13/19 8 Differing Site Conditions Ground Water Delay Skip Maintenance Manhole STA 270+00 Mon 8/19/19 Fri 9/13/19 9 Install Brine Line STA 128+00 ‐ 74+55 (DAY SHIFT)Tue 8/20/19 Fri 9/6/19 10 Construct Temporary Traffic Lane STA 137+00 ‐ 135+00 & 129+00 ‐ 128+00 Wed 8/21/19 Tue 8/27/19 11 Join Brine Line STA 137+50 ‐ 135+27 Thu 8/22/19 Fri 8/23/19 12 Join & Install Brine Line STA 133+00 ‐ 128+00 (DAY SHIFT) Mon 8/26/19 Tue 8/27/19 13 Distribute Resident Notification Letters ‐ NIGHT WORK Thu 8/29/19 Fri 8/30/19 14 Commence w/ Night Work STA 71+45 ‐ 8+87 (6258LF) Sun 9/8/19 Fri 9/13/19 15 Form & Pour Maintenance Manholes STA 210+00, 195+00, 180+00, 166+70, & 150+00 Mon 8/19/19 Tue 8/20/19 16 Stack & Backfill Maintenance Manholes STA 210+00, 195+00, 180+00, 166+70, & 150+00 Mon 8/19/19 Fri 8/23/19 17 Form & Pour Maintenance Manholes STA 135+27, 132+95, 120+00, 105+00, 88+00, 74+55, & 71+45 (DAY SHIFT) Mon 8/26/19 Thu 9/5/19 18 Stack & Backfill Maintenance Manholes STA 135+27, 132+95, 120+00, 105+00, 88+00, 74+55, & 71+45 (DAY SHIFT) Wed 8/28/19 Thu 9/5/19 19 PAVING, RESTORATION, & TESTING CREW Mon 8/19/19 Fri 9/13/19 20 Differing Site Conditions Ground Water Delay Skip Base Paving STA 417+00 ‐ 398+00 Mon 8/19/19 Fri 9/13/19 0% 0% 0% 0% 0% 0% 43% 100% 100% 0% 0% 0% 100% 100% 29% 0% 0% 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 September 2019 Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Deadline Progress Manual Progress Beaumont Brine Disposal Pipeline Reach I - Three Week Look Ahead Schedule Page 1 WEKA INC 8/19/2019 - 9/13/2019 Agenda Item No. 13.Page 193 of 201 ID Task Name Start Finish 21 Differing Site Conditions Ground Water Delay Skip Base Pave San Timoteo Canyon Road STA 355+50 ‐ 301+00 (COR) Mon 8/19/19 Fri 9/13/19 22 Differing Site Conditions Ground Water Delay Skip Base Pave San Timoteo Canyon Road STA 271+33 ‐ 263+00 Mon 8/19/19 Fri 9/13/19 23 Base Pave San Timoteo Canyon Road STA 188+00 ‐ 137+50 Mon 8/19/19 Mon 8/26/19 24 Base Pave San Timoteo Canyon Road STA 129+00 ‐ 74+55 (DAY SHIFT) Tue 8/20/19 Fri 9/6/19 25 Base Pave San Timoteo Canyon Road STA 71+45 ‐ 8+87 (NIGHTS) Mon 9/9/19 Fri 9/13/19 26 Prep & Hydro Test Segment No's 6, 7, 8, & 9 (GW Delay) Mon 8/19/19 Fri 9/13/19 27 Prep Line for Hydro Test Segment #10 STA 237+10 ‐ 187+00 Mon 8/19/19 Tue 8/27/19 28 Hydro Test Segment #10 STA 237+10 ‐ 187+00 Wed 8/28/19 Wed 8/28/19 29 Prep Line for Hydro Test Segment #11 STA 187+00 ‐ 137+00 Thu 8/29/19 Thu 9/5/19 30 Hydro Test Segment #11 STA 187+00 ‐ 137+00 Fri 9/6/19 Fri 9/6/19 31 Draw Down Test Monitoring Well STA 306+64 Mon 8/19/19 Tue 8/20/19 32 Continuity Testing Tracer Wire ‐ San Timoteo Canyon Road STA 397+00 ‐ 363+00, 300+96 ‐ 271+00, & 263+10 ‐ 159+00 Wed 8/21/19 Fri 9/6/19 33 Concrete Restoration (Curb & Gutter) Oak Valley Parkway STA 521+93 Mon 8/19/19 Tue 8/20/19 34 Adjust Tracer Wire Test Stations to Grade Oak Valley / San Timoteo Canyon Road Wed 8/21/19 Fri 8/23/19 35 Miscellaneous Site Cleanup and Restoration Tue 8/27/19 Fri 9/6/19 36 GROUND WATER ASSESSMENT CREW Mon 8/19/19 Fri 9/13/19 37 Monitor GW Levels at Monitoring Wells Mon 8/19/19 Fri 9/13/19 38 Collect GW Samples for Analytical Testing ‐ GW Discharge Plan Development Thu 8/22/19 Thu 8/22/19 39 BORE PIT CREW 40 Mobilize Equipment & Shoring STA 303+16 Tue 9/3/19 Fri 9/6/19 41 Install De‐watering System Bore & Receiving Pits UPRR Mon 9/9/19 Wed 9/11/19 42 Excavate and Install Bore Pit STA 303+16 Wed 9/11/19 Fri 9/13/19 0% 100% 43% 0% 100% 0% 0% 0% 100% 100% 100% 100% 0% 75% 100% 0% 0% 0% 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 September 2019 Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Deadline Progress Manual Progress Beaumont Brine Disposal Pipeline Reach I - Three Week Look Ahead Schedule Page 2 WEKA INC 8/19/2019 - 9/13/2019 Agenda Item No. 13.Page 194 of 201 MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY 08/26/19 08/27/19 08/28/19 08/29/19 08/30/19 08/31/19 09/01/19 BASE PAVE - SAN TIMOTEO CANYON LATERAL INSTALLATIONS - SAN TIMOTEO CYN BORE COMPLETED MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY 09/02/19 09/03/19 09/04/19 09/05/19 09/06/19 09/07/19 09/08/19 MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY 09/09/19 09/10/19 09/11/19 09/12/19 09/13/19 09/14/19 09/15/19 3RD CREW PIPE INSTALL - REDLANDS BLVD 1ST CREW MANHOLE INSTALLATIONS - SAN TIMOTEO CANYON RD. NO WORK BEAUMONT BRINE LINE DISPOSAL - REACH 2 T.E. ROBERTS LOOK AHEAD SCHEDULE NO WORK NO WORK 1ST CREW LATERAL INSTALLATIONS - SAN TIMOTEO CANYON RD. LABOR DAY HOLIDAY NO WORK 4TH CREW SAWCUTTING - REDLANDS BLVD 1ST CREW PIPE INSTALL - SAN TIMOTEO CANYON RD. 2ND CREW PIPE INSTALL - BORE PIT REMOVE BORE PIT, BACKFILL, COMPACT 2ND CREW MOBILIZE & EXCAVATE - ANDERSON ST 2ND CREW GSB MOBILIZE & START BORE - ANDERSON ST 3RD CREW PIPE INSTALL - REDLANDS BLVD 4TH CREW SAWCUTTING - REDLANDS BLVD 3RD CREW PIPE INSTALL - REDLANDS BLVD Agenda Item No. 13.Page 195 of 201 Page 196 of 201 City of Beaumont WWTP - Salt Mitigation Upgrade3 Week Look Ahead Schedule Week of 8/26/19 Previous WeekWeek 1Week 2Week 3M T W TH F Sa M T W TH F Sa M T W TH F Sa M T W TH F SaDescriptionActivity ID Responsibility8/19 8/20 8/21 8/22 8/23 8/24 8/26 8/27 8/28 8/29 8/30 8/31 9/29/3 9/4 9/5 9/6 9/7 9/9 9/10 9/11 9/12 9/13 9/14Yard/Site Piping/DemoWMLInstall Ductbank DB 201.1/201.2/205.1/300 (Pending SCE LayOut) 4555Southern 6" MBR Drain to MH12110WML-ErnieDig/Lay/Backfill 24" Storm Drain4160WML-ErnieBackfill between Road & Aeration Basin4084WML-Robert Dig/Lay/Backfill MBR 30" Effluent4170WML-Ernesto Grade & F/R/P MV Switch Gear Pad (ON HOLD)N/AWML-Jaime Install Ductbank 384535 WML/SouthernEx/Grade/Set Transformer Pad for Headworks4505WML-Robert SetEx/Grade/Set Transformer Pad for MBR4620WML-Robert SetMH # 4, #5 and #6 CoatingsParadaDig/Lay/Encase/Backfill 30" Aeration Basin Feed4155WML-Ernesto Headworks Screen WMLDuct Bank 50.1 /1044510WML/Southern PourConcrete Coating6055ParadaInstall Gates G1121 & G11236040WML-Jaime Grit Chamber WMLConcrete Coating7110ParadaFine Screens WMLInstall Fine Screens9110WML-Jaime Install Gates9100/9105WML-Jaime Install Misc. Metals9075WML-Jaime MBR Building WMLMetal Building Assembly12200G&WMBR 2' Wall/Equipment Pads12175/85/90WML-Jaime Pour42" MBR Feed12330WML - Martin MBR Misc Metals12205WML-Jaime MBR Gate Install12160WML-Jaime RO Equipment Delivery/Anchor12195WML-Jaime Aeration Basin WMLF/R/S Aeration Basin Walls 11055/75/80/85WML-Jaime Pour WallPour WallPour WallF/R/S Aeration Basin SOG 11040WML-Jaime PourFalse Work for Walkways11140 Vertical HorizonsRecycled Water Pump Station WMLF/R/P/ Slab14040WML-Jaime Electrical Building WMLInstall Electrical Control Panels20055Southern W. M. Lyles Co. Project No. 55.1173Page 1 of 1Agenda Item No. 13. Page 197 of 201 Page 198 of 201 Staff Report TO: Mayor and City Council Members FROM:Kyle Warsinski, Economic Development Manager DATE:September 3, 2019 SUBJECT:Appointment to the Post Secondary Education Representative of the Economic Development Committee Background and Analysis: A letter of recommendation has been received by Superintendent Roger Schultz of the Mt. San Jacinto Community College District to consider appointing Mr. Von Lawson as the Post Secondary Education Representative on the Economic Development Committee. This position has been recently vacated and requires an appointment by the City Council. Fiscal Impact: There is no fiscal impact. Recommendation: 1. Appoint Mr. Von Lawson as the Post Secondary Education Representative of the Economic Development Committee. City Manager Review: Todd Parton City Manager Attachments: Attachment A - MSJC Recommendation Letter Agenda Item No. 14. Page 199 of 201 Page 200 of 201 MSJC W Agenda Item No. 14. Page 201 of 201