Loading...
HomeMy Public PortalAboutCity Council - 05 Nov 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, November 5, 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 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 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 Page 1 of 271 54956.9(d)(1)and/or(2) and/or (3). (Worker’s Compensation Case No. COBM-0065) 3. Conference with Legal Counsel Regarding Pending Litigation Pursuant to Government Code Section 54956.9(d)(1). Three Cases: 1. Beaumont vs. McFarlin and Anderson; 2. Beaumont vs. Norton Rose; 3. Beaumont vs. Urban Logic et al. 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. Aquatic Safety Award Presentation 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. 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. 2. Ratification of Warrants Warrants dated 10.03.19 Warrants dated 10.10.19 Warrants dated 10.17.19 Warrants dated 10.24.19 7 - 78 3. Approval of Minutes 79 - 86 Page 2 of 271 CC Minutes 10.15.19 4. Request for Authorization to Submit SB2 Grant Application Recommended Council Action(s): 1. Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont, authorizing application for and receipt of SB2 planning grants program funds.” Staff Report - Html SB 2 Resolution 11.5.19 SB2 Grant Aplication 11.5.19 87 - 107 5. Second Reading of an Ordinance of the City of Beaumont Approving Amendments to the City of Beaumont Municipal Code Pertaining to the Regulation of Massage Establishments: Amending Title 5, Chapter 5.44. Recommended Council Action(s): 1. Waive the second full reading and adopt by title only, "An Ordinance of the City of Beaumont Approving Amendments to the City of Beaumont Municipal Code Pertaining to the Regulation of Massage Establishments: Amending Title 5, Chapter 5.44." Staff Report - Html Attachment A - CC 11.5.19 Draft Massage Ordinance (clean) 109 - 136 6. Performance Bond No. 4428447 and Security Agreement Approval for Franklin Mechanical Systems, Inc., for Required Public Improvements for Certain Development Located at 185 W. Fourth Street (Assessor Parcel Numbers 417-124-020 and 417-124-021) Recommended Council Action(s): 1. Accept the security agreement and performance bond no. 4428447 for street improvements. Staff Report - Html Attachment A - Security Agreement for Performance Bond No. 4428447, and Approved Street Improvement Plans 137 - 152 PUBLIC HEARINGS Approval of all Ordinances and Resolutions to be read by title only 7. Public Hearing for First Reading of Proposed Amendment to Table 17.03-3 Permitted Uses in Base Zone District and Addition of Chapter 17.18 Regarding Wireless Telecommunications Facilities Recommended Council Action(s): 1. Hold a public hearing, and 2. Waive the first full reading and approve by title only, “An Ordinance of the City of Beaumont Approving an Amendment and Addition to the City of Beaumont Municipal Code Pertaining to the Regulation of Wireless Telecommunication Facilities: Amending Table 17.03-3 'Permitted Uses for Base Zone Districts' and Adding Chapter 17.18 “Wireless Telecommunications Facilities,” of the Beaumont 153 - 178 Page 3 of 271 Municipal Code." Staff Report - Html Attachment A - Draft Ordinance - 17.18 Wireless Attachment B - Wireless in Residential Other Cities 8. Public Hearing for First Reading of an Ordinance for a Pavement Moratorium on Newly Surfaced Streets Recommended Council Action(s): 1. Waive the full first reading and approve by title only, "An Ordinance of the City of Beaumont for a Moratorium on Pavement Cuts on Recently Resurfaced Streets." Staff Report - Html Attachment A - Ordinance for Pavement Moratorium 179 - 186 ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. 9. Appointment to the Beaumont Planning Commission Recommended Council Action(s): 1. Discussion and consideration of appointment to the Beaumont Planning Commission seat for a partial term ending December 2020. Staff Report - Html Attachment A - Online Submittal Application 2019 Partial Term - Colindres Mateo 187 - 191 10. Notice of Upcoming Vacancies Recommended Council Action(s): 1. Receive and file. Staff Report - Html Attachment A - Maddy Act List 2019 Attachment B - Notice of Vacancies for City of Beaumont Boards and Commissions 2019 193 - 197 11. Approval of Contracts for Weed Abatement Services Recommended Council Action(s): 1. Approve contracts for weed abatement services in the amount of $45,000-$175,000 from the list of approved contractors as provided in the staff report. Staff Report - Html Attachment A 199 - 241 12. Revisions to the City of Beaumont and Riverside Transit Agency Interagency Service Agreement No. 18-017 Recommended Council Action(s): 1. Approve the revisions to Article 5 of the Interagency Service Agreement 18-017 between the Riverside Transit Agency and the City of Beaumont. 243 - 252 Page 4 of 271 Staff Report - Html Attachment A 13. Purchase of Six Panasonic Toughbooks for the Beaumont Police Department's Mobile Data Computer Platform Recommended Council Action(s): 1. Approve the purchase of six Panasonic Toughbook’s from CDCE Mobile Iot Integration, Cradlepoint IBR900 first net routers with Wi- Fi, low profile shark fin 2G/3G/4G LTE antenna’s and cables, twelve SIM cards (six from Verizon and six from AT&T) to outfit the aforementioned dedicated patrol vehicles we have been authorized to purchase this fiscal year. Staff Report - Html Sales Quote 114098-A Sales Quote 114251 253 - 260 14. Wastewater Treatment Plant Expansion/Renovation and Brine Pipeline Installation Project Status Update Recommended Council Action(s): 1. Receive and file the project updates. Staff Report - Html 261 - 265 15. Third Amendment to the City Manager Employment Agreement Recommended Council Action(s): 1. Approval of the Third Amendment to the City Manager Employment Contract. Staff Report - Html Attachment A - CM Agreement Third Amendment 267 - 270 16. 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 271 CITY ATTORNEY REPORT 17. Status of Pending Litigation 271 CITY MANAGER REPORT FUTURE AGENDA ITEMS Adjournment of the City Council of the November 5, 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 Auth ority and the Beaumont Public Improvement Agency is scheduled for Tuesday, November 19, 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 271 IEAUMONT Agenda Item No. 2. Page 7 of 271 Nu9 700~4050~I 068-0000 Check Report By Check Number Date Range:09/27/2019 -10/03/2019 City of Beaumont,CA Agenda Item No. 2. Page 8 of 271 Agenda Item No. 2. Page 9 of 271 Agenda Item No. 2. Page 10 of 271 x‘ 71531 100-2 050-70252 ” Agenda Item No. 2. Page 11 of 271 Agenda Item No. 2. Page 12 of 271 Agenda Item No. 2. Page 13 of 271 |l H} OCTO‘E-R 3.019 100-1200-6020-0000 100-1225-6020-0000 100-1230-6020-0000 100-1240-6020-0000 100-1350-6020-0000 100-1550-6020-0000 100-2000-6020-0000 100-2050-6020-0000 100-2090-6020-0000 100-2150-6020-0000 100-3 100-6020-0000 100-3 250-6020-0000 100-6050-6020-0000 700-4050-6020-0000 750-7000-6020-0000 750-7 100-6020-0000 750-7 200-6020-0000 750-7300-6020-0000 750-7600-6020-0000 500-0000-7068-0000 500-0000-7068-0000 100-1230-7090-6026 700-4050-7090-6026 194018001-0419 .729-9663-7300~ Agenda Item No. 2. Page 14 of 271 Agenda Item No. 2. Page 15 of 271 Agenda Item No. 2. Page 16 of 271 Agenda Item No. 2. Page 17 of 271 ‘on,‘K *».Q5q(i 1560585 Agenda Item No. 2. Page 18 of 271 Agenda Item No. 2. Page 19 of 271 Agenda Item No. 2. Page 20 of 271 Agenda Item No. 2. Page 21 of 271 Page 22 of 271 IEAUMONT AGENDA ITEM NO. $250,000.00 Transfer to cover workers comp costs $548.00 Monthly Billing Merchant Bank Cards $4,652.34 Credit Card Fees WARRANTS TO BE RATIFIED —C A L I F 0 R N I A Thursday,October 10,2019 Printed Checks 103504-103594 $287,053.92 FY 19/20 EFT 218-223 $4,679,288.40 FY 19/20 A/P Total $4,966,342.32 Wire SIGNATURE} TITLE:CITY TREAS SIGNATURE: TITLE:ADMINIST Guardian $19,657.80 Oct-19 Citi Bank 55 805.60 Returns ?‘om Utility Bank Draft I DO HEREBYCERTIFY THIS WARRANT LIST HAS BEEN COMPILED AND PREPARED TO MEE TTHEDAILYOPERATIONSFORTHEFISCALYEARJULY1,2019 -JUNE 30,2020 S DIRECTOR Agenda Item No. 2. Page 23 of 271 Agenda Item No. 2. Page 24 of 271 Agenda Item No. 2. Page 25 of 271 Agenda Item No. 2. Page 26 of 271 Agenda Item No. 2. Page 27 of 271 Agenda Item No. 2. Page 28 of 271 Cl 100-2030-7039-0000 Agenda Item No. 2. Page 29 of 271 Agenda Item No. 2. Page 30 of 271 Agenda Item No. 2. Page 31 of 271 100-1240-6050-0000 35161188-lb 100-1230-7075-6026 700-4050-7075-0000 100-Z050-7030-0000 100v2050-70300000 100-2050-7030-0000 U4 018727-O2 1535776-201907 1535776—7O 908 1:/‘18/19-“1/7- ..3-2050-70653‘ Agenda Item No. 2. Page 32 of 271 Agenda Item No. 2. Page 33 of 271 [[ 7.678-217378 100-1550-7040-0000 F97945998-01 750 7400:7037-0000 100 2050703 #0000 100-6000-7087-6045 100-6000-7087-6026 700-4050-7087-007A ..«m\«-mm —,.,--—_u'‘.2 ......-4 1502.92 Agenda Item No. 2. Page 34 of 271 Agenda Item No. 2. Page 35 of 271 Agenda Item No. 2. Page 36 of 271 Check Report Vendor Number Vendor Name .,.,.4.,~....w at-«*»’\,_-355-...a.~.‘.,m..,.n;..‘ 100-1 3!-:0- Agenda Item No. 2. Page 37 of 271 [[[ 78527077 78537014 1852707) 700-4050-7089-0000 869065003 939 100-2000-7050-0000 100-2 O30-7050-0000 100-2050-7050-0000 100-2 100-7050-0000 .L0O-2153-7050-0000 100-3250-7050-0000 100-6050-7050-0000 700-4050-7050-0000 750-7100-7050-0000 750-7300-7050-0000 750-7400-7050-0000 750-7600-7050-0000 750-7700-7050-0000 750-7800-7050-0000 750-7 900-7050-0000 "'50-8000-7050-0000 750-8100-7050-0000 750-8200-7050-0000 100-6050-7070-5999 100-6000-7085-6045 _..DO-2030-7039-0003 70-0000-2005-G Agenda Item No. 2. Page 38 of 271 Agenda Item No. 2. Page 39 of 271 Agenda Item No. 2. Page 40 of 271 IEAUMONT %RF%% I .', AGENDA ITEM NO. Payroll SIGNATURE: TITLE:CITY TREA SIGNATURE: TITLE:ADM T T RVICES DIRECTOR CALI ORNI Printed Checks 103595-103654 A/P Total Ca1PERS Citi Bank WARRANTS TO BE RATIFIED Thursday,October 17,2019 U9£?99'E?b9%% 216,007.91 FY 19/20 216,007.91 23,941.14 457 -PPE 10/03/19 4,559.87 401A —PPE 10/03/19 1,156.41 FICA -PPE 10/03/19 47,034.43 743 Classic 44,108.69 742 Classic 12,243.20 27308 PEPRA 7,110.26 25763 PEPRA 81.56 Utility payment dispute 444,953.52 PPE 10/03/19 I DO HEREBY CERTIFY THIS WARRANT LIST HAS BEEN COMPILED AND PREPARED TO THE DAILY OPERATIONS FOR THE FISCAL YEAR JULY 1,2019 -JUNE 30,2020 Agenda Item No. 2. Page 41 of 271 :."-‘R.WWI’ [ Agenda Item No. 2. Page 42 of 271 Agenda Item No. 2. Page 43 of 271 Agenda Item No. 2. Page 44 of 271 5299C 52991 52992 32993 h}113U)4‘, 52993 52996 52997 100-3 100-7067-0000 100-3 100-7067-D000 100-3 100-7067-0000 100-3 100-7067-0000 100-3 100-7067-D000 100-3 100-7067-C000 100-3 100-7067-0000 52993 53201 53002 100-3 100-7063-0000 100-3 100-7063-0000 100-3100-7063-0000 100-3100-7063-0000 -..-- mu fr/f‘)‘}1 93992 ‘._**w%, K2994 E7Q?C ‘»;?~)~;e,\ n;:p;j.U ‘»,./“'19:-L '3/*,»»- Kit‘):)0 CFS-2058266 100-3 100-7063-0000 750-7400—7050-0000 750-7 600-7050-0000 1 00-3 100-7063-0000 100-3 100-7063-0000 100-3 100-7063-0000 127 Uh Agenda Item No. 2. Page 45 of 271 Agenda Item No. 2. Page 46 of 271 13406 3 U)U1(903h3 135934 135987 135988 135991 135992 135996 135397 i 100-3 100-7064-000C‘ 100-3 100-7064-0000 100-3100-"/96/'.»-C“3UC 100-3 100-7064-0000 100-3 100-7064-0000 100-3 100-7064-0000 100-3 100-7064-0000 100-3 100-7064-D000 35993 130-3100-7064 .5‘‘ 2.00-3I-.58-756/»-M;'"‘ LOO-3ICC-7064-- O38" _..M —.~..»,_0-s.1‘..,~.'...:,>~:-.,.,‘.., 135999 LU(J1L)L‘:I\) 36004 00-3 100-7064-0000 1.00-3100-7064-0000 100-3100-7064-0000 100-3 100-7064-0000 100-3100-7064-0000 100 3 100-10640000 100-3100:706- 100 3 100-70640000 100-3 1.00-7054-OCC3 I100-31CC*-7064-0000 Agenda Item No. 2. Page 47 of 271 Agenda Item No. 2. Page 48 of 271 [{[ Agenda Item No. 2. Page 49 of 271 0/16/'19 100-3 250-7010-0000 ‘l03-3250-7010-003X 100-3 250-7010-006B 100-3250-7010-007A 100-3 250-7010-007B 100-3250-7010-008A 100-3 250-7010-008C 100-3250-7010-01 1A 100-3 250-7010-014B 100-3 250-7010-O14X 100-3 250-7010-018X 100-3 250-7010-019C 100-3 250-7010-O6A1 100-6000-7010-6045 700-4050-7090-0000 J‘?-0006-4590-3 0100-0000 4590-ODDI) RET937795 100-3 250-7068-0000 TLOOOOO149 100-6000-7010-6025 750-7 300-7010-0000 I 50-7000-7010-0000 15382227021 10 09712228007 10 10552230004 1') Check Report Date Range:10/11/2019-10/17/ 2019VendorNumberVendorNamePaymentDatePaymentTypeDiscountAmountPaymentAmountNumber Payable It Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 10/16/2019 ELECTRICUTILITY 0.00 28,223.29 UTILITIES ELECTRICUTILITY 12,290.39 UTILITIES(IA 3)ELECTRICUTILITY 2,859.98 UTILITIES(IA 6B)ELECTRICUTILITY 2,196.55 UTILITIES(IA7A)ELECTRICUTILITY 9.59 UTILITIES(IA7B)ELECTRICUTILITY 74.61 UTILITIES(IA8A)ELECTRICUTILITY 402.63 UTILITIES(IA8C)ELECTRICUTILITY 675.53 UTILITIES(IA 11A)ELECTRICUTILITY 162.66 UTILITIES(IA 14B)ELECTRICUTILITY 31.52 UTILITIES(IA 14)ELECTRICUTILITY 1,455.39 UTILITIES(IA 18)ELECTRICUTILITY 126.79 UTILITIES(IA19C)ELECTRICUTILITY 2,665.67 UTILITIES(IA 6A1)ELECTRICUTILITY 736.30 UTILITIES—COMMUNITY ELECTRICUTILITY 4,535.68 3554 STAR FLEETFILTRATION,INC 10/17/2019 Regular 0.00 661.67 103643 . Payable #Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 10/16/2019 EQUIP MAINT FOR FILTERS 0.00 661.67 EQUIPMENTSUPPLIES/MEQUIPMAINT FORWW FILTERS 661.67 3806 SYLVIAMOLINA 10/17/2019 Regular 0.00 40.00 103644 ' Payable #Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 10/16/2019 DEPOSITREFUND 0.00 40.00 BUILDINGRENTAL DEPOSIT REFUND 40.00 2394 TEREXSERVICES 10/17/2019 Regular 0.00 1,907.78 103645 c Payable #Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 10/16/2019 REMOVE&RESEALROTATIONGEARBOXF 0.00 1,907.78 VEHICLEMAINTENANCE REMOVE8:RESEALROTATIONG 1,907.78 3589 THAXTONVAN BELLE 10/17/2019 Regular 0.00 267.00 103646 - Payable It Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 10/16/2019 MEMBERSHIPREIMBURSEMENT 0.00 267.00 DUESSLSUBSCRIPTIONS MEMBERSHIP REIMBURSEMENT 267.00 2407 THE GASCOMPANY 10/17/2019 Regular 0.00 140.27 103647 Payable #Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 10/16/2019 GAS UTILITY 0.00 71.59 - UTILITIES-CITYHALL GAS UTILITY 71.59 Invoice 10/16/2019 GAS UTILITY 0.00 25.53 o UTILITIES GAS UTILITY 25.53 Invoice 10/16/2019 GAS UTILITY 0.00 43.15 0 UTILITIES GAS UTILITY 43.15 2435 TLMAADMINISTRATION COUNTYOF RIV 10/17/2019 Regular 0.00 202.80 103648 Payable #Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 10/16/2019 SHARED TRAFFICSIGNALSWITH RIVERSID 0.00 202.80 CONTRACTUALSERVICES SHAREDTRAFFICSIGNALSWITH 202.80 3751 TOM PONTON INDUSTRIES,INC.10/17/2019 Regular 0.00 3,460.93 103649 -. 10/17/2019 12:58:32 PM Page 9 of 12 Agenda Item No. 2. Page 50 of 271 -3;‘»..—p-wan \-za..;C!-Ii-?n,-.v.+.J-,u_../‘O0~=10SU=709C'~ 18dsbfe490S 9838737687 920190049 700-4050-7068-0000 700-4050-7068-0000 21104-3 63 :35 "-1230-7015-*" ..-1230-701$C3" 9838927952 9838927953 9838927954 IOU 1230 70 l 5~— UOOU 10!)-‘l 2 30 7015-0000 L00-1 25C)-70150000 100-3 250-7070-0000 7:29.11 73 100-3250-7070-0000 100-3 250-7070-0000 100-3 250-7070-0000 100-3250-7070-0000 78551795 Check Report Vendor Number Payable # 2461 Payable # 2484 Payable it 25 18 Payable # 72253 72301868 72301869 3422 Payable # 2946 Date Range:10/11/2019-10/17/2019 Vendor Name Payment Date PaymentType DiscountAmount PaymentAmount Number Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 10/16/2019 Replace Ultrasonic level indicator Noble C 0.00 3,460.93 - EQUIPMENTSUPPLIES/MReplace Ultrasonic level indicato 3,460.93 UNDERGROUND SERVICEALERT '10/17/2019 Regular 0.00 247.35 103650 Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 10/16/2019 DIG ALERT-SEWER 0.00 97.10 ° CONTRACTUALSERVICES DIGALERT—SEWER 97.10 Invoice 10/16/2019 DIGALERT-SEWER 0.00 150.25 0 CONTRACTUALSERVICES DIGALERT-SEWER 150.25 VERIZON 10/17/2019 Regular 0.00 1,600.25 103651 Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 10/16/2019 PD AIRCARDS 0.00 1,392.54 ' TELEPHONE PD AIRCARDS 1,392.54 Invoice 10/16/2019 IPADS -1550 0.00 76.02 4 TELEPHONE IPADS-1550 76.02 Invoice 10/16/2019 IPADS -3100 0.00 76.02 ,, TELEPHONE IPADS -3100 76.02 Invoice 10/16/2019 IPADS—1550/6050 0.00 55.67 , TELEPHONE IPADS-1550/6050 55.67 VULCANMATERIALS 10/17/2019 Regular 0.00 3,046.87 103652 . Payable Type Post Date Payable Description Discount Amount Payable Amount AccountNumber Account Name Item Description Distribution Amount Invoice 10/16/2019 ASPHALT&SUPPLIES 0.00 374.38 V SPECIALDEPT SUPPLIES ASPHALT &SUPPLIES 374.38 Invoice 10/16/2019 ASPHALT&SUPPLIES 0.00 150.27 - SPECIALDEPT SUPPLIES ASPHALT&SUPPLIES 150.27 Invoice 10/16/2019 ASPHALT&SUPPLIES 0.00 1,412.22 _ I SPECIALDEPT SUPPLIES ASPHALT&SUPPLIES 1,412.22 Invoice 10/16/2019 ASPHALT&SUPPLIES 0.00 886.73 “ SPECIALDEPTSUPPLIES ASPHALT&SUPPLIES 886.73 Invoice 10/16/2019 ASPHALT&SUPPLIES 0.00 223.27 " SPECIALDEPTSUPPLIES ASPHALT&SUPPLIES 223.27 WAXIE SANITARYSUPPLY 10/17/2019 Regular 0.00 216.67 103653 Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 10/16/2019 BUILDINGSUPPLIES 0.00 58.00 - BLDG MAINT-CITYHALLB BUILDINGSUPPLIES 2.90 BLDG MAINT-POLICEDE BUILDINGSUPPLIES 52.20 BLDGMAINT-POLICEAN BUILDINGSUPPLIES 2.90 Invoice 10/16/2019 BUILDINGSUPPLIES 0.00 158.67 BLDGMAINT-CITYHALLB BUILDINGSUPPLIES 7.94 BLDGMAINT -POLICE DE BUILDINGSUPPLIES 142.80 BLDGMAINT -POLICEAN BUILDINGSUPPLIES 7.93 2 &K CONSULTANTS,INC.10/17/2019 Regular 0.00 8,360.00 103654 a 100-6000-7085-6032 100-6000~7085-6040 100-6000-7085-6041 100-6000-7085-6032 100-6000-7085-6040 LOO-6000-7085-6041 10/17/2019 12:58:32 PM Page 10 of 12 £3}.{l1§U Agenda Item No. 2. Page 51 of 271 Agenda Item No. 2. Page 52 of 271 Agenda Item No. 2. Page 53 of 271 Page 54 of 271 BEAUMONT %\ TR .E Agenda Item No. 2. Page 55 of 271 [ Agenda Item No. 2. Page 56 of 271 Agenda Item No. 2. Page 57 of 271 Agenda Item No. 2. Page 58 of 271 13/11/'10—’11[J9 47ibbb 478056 100~6000-7085-6040 750-7700«7037-0000 100-3 250-7070-0000 100-1050 7035-0000U-1052‘-7035-C" x.5 473292 Agenda Item No. 2. Page 59 of 271 Agenda Item No. 2. Page 60 of 271 Is -ya__n.o-a’1....... Agenda Item No. 2. Page 61 of 271 Agenda Item No. 2. Page 62 of 271 Agenda Item No. 2. Page 63 of 271 638736 750-7400-"'03 - 750-7400-' Agenda Item No. 2. Page 64 of 271 Agenda Item No. 2. Page 65 of 271 ;;_1I:n_7 3,,‘ 10/1b{l9 .lU[18’ 100-7!230-7091}6026 9006111698 100-1050-7066-0000 1.On?150’7\.137 :o,’16i:9-.10/1 .1 9-2OSC~'.'O37-1’ R0 4088 Agenda Item No. 2. Page 66 of 271 10450 0453 I‘ 706 ..,-y,«-,.«« ‘_.,r..-.4 ‘Q4765 104°9 1C5057 105082 105085 750-7400-7037-0000 750-7300-703 7-0000 750-7900»703 7 0000 750~7300-7037-0000 50-7400-7037-0000 750-7400-7037-0000 105347 3.0 369 105660 750-7300:7037-0000 750-7100 7037-0000 750-7400-7037-0000 750-7300-7037-0000 750~7300-7037-0000 1_n45()5 H4657 104 10!.‘ 10-1110 I04/6.5 1()S34 7 105369 105660 750-7300-703 7-0000 I 50-7300-703 7-0000 750-7400-7037-0000 2.678-218225 2678-218040 2678-218101 30-733.0--'7C3 .1‘)-73 .“I—7'0”7- 50-7300- 100-3250-7037-0000 750-7400-703 7-0000 '/504400-7057-0000 100-6050-703 7-0000 750-7300-7037-0000 100-6050703 7-0000 7 ';aU~7300-703 7-0000 750 1300-703 /-0000 100-6050'7037-0000 2678-218874 2678-218865 2678-218508 2678-218783 2678-218803 2678-218805 7 3-730 W-7037-”‘.. 750-733 -7537-CC”; -“res ==" Agenda Item No. 2. Page 67 of 271 Agenda Item No. 2. Page 68 of 271 '0 1394711 1 uO-/E-050-7070-3.. _236G15l 22 1 161 1’§‘3~l7l1 700=40':O-70 70-0000 22866151 228/161 54.20 22873T38 22873799 22870163 22870165 22875297 23873798 22873799 32873800 2?8//403 100-6050-7065-0000 7 50-7 100-7065-0000 750-7400-7065-0000 750-7 600-7065-0000 750-7700-7065-0000 750-7 800-7065-0000 I 50-7900-7065-0000 100-6050-7065-0000 750-7100-7065-00 750-7400-7065-0000 750~7600-7065-0000 750-7700-7065-0000 750-7 800-7065-0000 750-~7900-7065-0000 750-7300-7065-0000 100-6050-7065-0000 700-4050-7065:0000 228 77404 22877405 22877406 22877407 22383999 .v 281‘P40. 2281 740b .':z3 17412,)‘/ ' 3.2880999 100-3 250-7065-0000 10!)6050-7065-0000 7 50-7 100-10650000 750-7300-7065-0000 Check Report Date Range:10/18/2019-10/24/ 2019VendorNumberVendorNamePaymentDatePaymentTypeDiscountAmountPaymentAmountNumber 2072 POLYDYNE,INC.10/24/2019 Regular 0.00 5,745.57 103723 Payable #Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 10/23/2019 CHEMICALS&SUPPLIES 0.00 5,745.57 ‘ SPECIALDEPT SUPPLIES CHEMICALS8:SUPPLIES 5,745.57 3652 PRUDENTIALOVERALLSUPPLY 10/24/2019 Regular 0.00 1,491.16 103724 . Payable #Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 10/23/2019 Prudential Uniforms 0.00 94.83 UNIFORMS UNIFORMMAINTENANCE 94.83 Invoice 10/23/2019 Prudential Uniforms 0.00 130.36 UNIFORMS UNIFORMMAINTENANCE 16.92 UNIFORMS UNIFORMMAINTENANCE 29.03 UNIFORMS UNIFORMMAINTENANCE 26.01 UNIFORMS UNIFORMMAINTENANCE 20.10 UNIFORMS UNIFORMMAINTENANCE 20.10 UNIFORMS UNIFORM MAINTENANCE 18.20 Invoice 10/23/2019 Prudential Uniforms 0.00 UNIFORMS UNIFORMMAINTENANCE 93.31 Invoice 10/23/2019 Prudential Uniforms 0.00 133.04 UNIFORMS UNIFORMMAINTENANCE 17.14 UNIFORMS UNIFORMMAINTENANCE 29.25 UNIFORMS UNIFORMMAINTENANCE 27.59 UNIFORMS UNIFORMMAINTENANCE 20.32 UNIFORMS UNIFORMMAINTENANCE 20.32 UNIFORMS UNIFORMMAINTENANCE 18.42 Invoice 10/23/2019 Prudential Uniforms 0.00 UNIFORMS UNIFORMMAINTENANCE 54.20 Invoice 10/23/2019 Prudential Uniforms 0.00 UNIFORMS UNIFORMMAINTENANCE 92.59 Invoice 10/23/2019 Prudential Uniforms 0.00 UNIFORMS UNIFORMMAINTENANCE 60.94 Invoice 10/23/2019 Prudential Uniforms 0.00 UNIFORMS UNIFORMMAINTENANCE 54.20 Invoice 10/23/2019 Prudential Uniforms 0.00 68.75 UNIFORMS UNIFORMMAINTENANCE 68.75 Invoice 10/23/2019 Prudential Uniforms 0.00 92.59 UNIFORMS UNIFORMMAINTENANCE 92.59 Invoice 10/23/2019 Prudential Uniforms 0.00 138.96 UNIFORMS UNIFORMMAINTENANCE 17.36 UNIFORMS UNIFORM MAINTENANCE 31.09 UNIFORMS UNIFORM MAINTENANCE 27.81 UNIFORMS UNIFORM MAINTENANCE 20.54 UNIFORMS UNIFORM MAINTENANCE 20.54 UNIFORMS UNIFORM MAINTENANCE 21.62 Invoice 10/23/2019 Prudential Uniforms 0.00 60.94 UNIFORMS UNIFORM MAINTENANCE 60.94 Invoice 10/23/2019 Prudential Uniforms 0.00 54.20 UNIFORMS UNIFORM MAINTENANCE 54.20 Invoice 10/23/2019 Prudential Uniforms 0.00 68.75 UNIFORMS UNIFORMMAINTENANCE 68.75 Invoice 10/23/2019 Prudential Uniforms 0.00 97.79 UNIFORMS UNIFORMMAINTENANCE 97.79 Invoice 10/23/2019 Prudential Uniforms 0.00 141.51 UNIFORMS UNIFORMMAINTENANCE 17.60 750-7300-7065-0000 100-3 250-7065-0000 100-6050-7065-0000 750-7 100-7065-0000 750-7400-7065-0000 750-7600-7065-0000 750-7 700-7065-0000 750-7800-7065-0000 750-7 900-7065-0000 700-4050-7065-0000 10/24/2019 5:49:10 PM Page 14 of 23 ~-».~w—~?v ,\— 22873 800 Agenda Item No. 2. Page 69 of 271 3881.21228816101 1475073 157072 100-2050-7025-0000 8003-9000-0779- 750-7400-7065-0000 750-7600'-7065-0000 7 SO«I 700-7065= U00O750’7SO0»'706 50000 750'7900-7065-0000 750-7300-7065-0000 5n-74oo-7o=5- 7 D-7600-7065-? :3-77oo—70s5- :«3-73co-‘;‘oe3-:: 7":-79330065-C333 750-7300-70652“ ‘136333.'5.’ 750-7000-7025-U000 100-1200-7025-0000 100-3 100-7025-0000 WOGOUOOE:104 3‘.".'t'\n‘-1 -.4....,4 ,_ 339211 515322 4 150453 533901 5lb0224 $160455 750 7400-I03 7-0000 750~7600-703743000 100-3250 7070-0000 100-3 250-7070-0000 .10O-3250-7070-0000 6207050 1 CHE 50-7400-703 7- 1 7 2091 Paya ble # 2098 Payable # 3035 Payable It 2104 Payable # 3423 Paya ble # 3514 Payable # 2126 Payable # Date Range:10/18/2019-10/ Z4/2019PaymentDatePaymentTypeDiscountAmountPaymentAmountNumber UNIFORMS UNIFORMMAINTENANCE 31.33 UNIFORMS UNIFORMMAINTENANCE 29.16 UNIFORMS UNIFORMMAINTENANCE 20.78 UNIFORMS UNIFORMMAINTENANCE 20.78 UNIFORMS UNIFORMMAINTENANCE 21.86 Invoice 10/23/2019 Prudential Uniforms 0.00 54.20 UNIFORMS UNIFORMMAINTENANCE 54.20 **Void**10/24/2019 Regular 0.00 0.00 103725 PURCHASEPOWER—1183 10/24/2019 Regular 0.00 447.57 103726 0 Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 10/24/2019 OFFICESUPPLIES 0.00 447.57 OFFICESUPPLIES OFFICE SUPPLIES 447.57 QUILLCORPORATON 10/24/2019 Regular 0.00 397.18 103727 . Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 10/24/2019 OFFICESUPPLIES 0.00 89.27 S OFFICESUPPLIES OFFICE SUPPLIES 89.27 Invoice 10/24/2019 OFFICESUPPLIES 0.00 307.91- OFFICESUPPLIES OFFICE SUPPLIES 255.57 OFFICESUPPLIES OFFICESUPPLIES 52.34 QUINNCOMPANY 10/24/2019 Regular 0.00 854.36 103728 Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 10/24/2019 EQUIPMENTMAINTENANCE 0.00 854.36 0 EQUIPMENTSUPPLIES/MEQUIPMENTMAINTENANCE 854.36 RAMONAHUMANESOCIETYINC 10/24/2019 Regular 0.00 3,772.87 103729 Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 10/23/2019 Ramona Humane Society —Sheltering Serv 0.00 3,772.87 0 CONTRACTUALSERVICES Ramona Humane Society -Shelt 3,772.87 RDO EQUIPMENTCO.10/24/2019 Regular 0.00 131.53 103730 ' Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 10/24/2019 VEHICLEMAINTENANCE 0.00 131.53 ' VEHICLEMAINTENANCE VEHICLEMAINTENANCE 131.53 RECYCLEDAGGREGATEMATERIALSCO,INC 10/24/2019 Regular 0.00 210.00 103731 U Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 10/23/2019 DEPARTMENTSUPPLIES-STREETS 0.00 80.00 ‘ SPECIALDEPT SUPPLIES Street Repairs 80.00 Invoice 10/23/2019 DEPARTMENTSUPPLIES—STREETS 0.00 130.00 ' SPECIALDEPT SUPPLIES Street Repairs 100.00 SPECIALDEPT SUPPLIES DEPARTMENTSUPPLIES—STREE 30.00 REDLANDS FORD 10/24/2019 Regular 0.00 568.37 .103732 Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount Invoice 10/24/2019 VEHICLEMAINTENANCE 0.00 393.74 VEHICLEMAINTENANCE VEHICLEMAINTENANCE 393.74 Invoice 10/24/2019 VEHICLEMAINTENANCE 0.00 170.63’ VEHICLEMAINTENANCE VEHICLEMAINTENANCE 170.53 Invoice 10/24/2019 VEHICLEMAINTENANCE 0.00 4.00 ‘..-3250-70‘0-C’ O0-3250-70 009?‘ _:3-3250-70;- 10/24/2019 5:49:10 PM Page 15 of 23 2000- .:L\JlJ 700-4050~7090- 100 3250-703 70000 F‘424(h 100-20OD-7068-0000 CDBD9302~ 3-3 25 I;703 7- P112436 .f]P.»C‘-3?'y0‘—7. .405 Agenda Item No. 2. Page 70 of 271 i'J."16:'19-' 45.96 29.30 45.96 29.30 lt(1b;‘l9 H)/18¢ 100-6050-7070-0000 100-6050-7070-0000 100 6050 7070-0000 100-2050-7037- -605 7 '1 .100-605C-7070-"""‘ T_"3-605C-".7070-C C’‘ 32.33 32.33 32.33 Agenda Item No. 2. Page 71 of 271 Agenda Item No. 2. Page 72 of 271 2378.‘ ? Agenda Item No. 2. Page 73 of 271 Agenda Item No. 2. Page 74 of 271 Agenda Item No. 2. Page 75 of 271 Agenda Item No. 2. Page 76 of 271 Agenda Item No. 2. Page 77 of 271 Agenda Item No. 2. Page 78 of 271 MINUTES City Council Meeting Tuesday, October 15, 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. Public Employee Performance Evaluation Pursuant to Government Code Section 54957(b)(1) - Employee Title: City Manager No reportable action. 3. Conference with Labor Negotiator Pursuant to Government Code Section 54957.6. Agency Designated Representatives: Ray Santos and Nancy Carroll. Unrepresented Employee: City Manager No reportable action. 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. 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. Agenda Item No. 3. Page 79 of 271 City Council October 15, 2019 5. Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) and/or (3) (one potential case) City Attorney John Pinkney recused himself on this item. No reportable action. Adjourn to Closed Session REGULAR SESSION CALL TO ORDER at 6:16 p.m. Present: Mayor Martinez, Mayor Pro Tem Santos, Council Member Carroll, Council Member Lara, and Council Member White Report out from Closed Session: see above Action on any Closed Session items: None Action on any requests for excused absence: None Pledge of Allegiance Approval/Adjustments to Agenda: None Conflict of Interest Disclosure: None 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 City Council from discussing or taking actions brought up by your comments. 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 2. Approval of Minutes 3. Notice of Planning Commission Vacancy 4. Approval and Adoption of Resolution Amending Conflict of Interest Code Agenda Item No. 3. Page 80 of 271 City Council October 15, 2019 5. Request for Facility and Staff Fee Waiver- Beaumont Cherry Valley Rotary Club Senior Thanksgiving Dinner PUBLIC HEARINGS Approval of all Ordinances and Resolutions to be read by title only 6. Proposed Amendments to Beaumont Municipal Code Chapter 17.12 Adult Entertainment and Chapter 5.44 Massage Establishments Regulating the Permitting and Operation of Massage Establishments to Comply with State Law Public Hearing opened and closed at 6:21 p.m. Moved by Mike Lara Seconded by Nancy Carroll Waive the first full reading and approve by title only, "An Ordinance of the City of Beaumont Approving Amendments to the City of Beaumont Municipal Code Pertaining to the Regulation of Massage Establishments: Amending Title 5, Chapter 5.44." Ayes: Mike Lara, Julio Martinez, Nancy Carroll, Lloyd White, and Rey Santos Approved by a unanimous vote. 5-0 on a recorded vote ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. 7. Approval by Community Facilities District No. 2016-4 (Four Seasons) of the Issuance of its Special Tax Bond, Series 2019 Moved by Lloyd White Seconded by Rey Santos To waive the full reading and adopt by title only, "A Resolution of the City Council of the City of Beaumont, Acting as the Legislative Body of the City of Beaumont Community Facilities District No. 2016-4, Authorizing the Issuance of its 2019 Special Tax Bonds in an Aggregate Principal Amount Not to Exceed $5,000,000 and Approving Certain Documents and Taking Certain Other Actions in Connection Therewith." Ayes: Mike Lara, Julio Martinez, Nancy Carroll, Lloyd Agenda Item No. 3. Page 81 of 271 City Council October 15, 2019 White, and Rey Santos Approved by a unanimous vote. 5-0 on a recorded vote 8. Award of Contract to M. Brey Electric, Inc., for City-Wide Electrical Services Moved by Lloyd White Seconded by Mike Lara Award a public works repair and maintenance agreement for City-wide electrical services to M. Brey Electric, Inc. for a period not-to-exceed three years, and authorize the Mayor to execute the agreement on behalf of the City of Beaumont. Ayes: Mike Lara, Julio Martinez, Nancy Carroll, Lloyd White, and Rey Santos Approved by a unanimous vote. 5-0 on a recorded vote 9. Award a Contract to Moore & Associates, Inc., to Perform a Comprehensive Operations Analysis of the Transit Services in an Amount Not-To-Exceed $121,563.80 Moved by Lloyd White Seconded by Nancy Carroll Award a contract to Moore & Associates, Inc., in an amount not-to-exceed $121,563.80; and Authorize the Mayor to execute a professional services agreement with Moore & Associates, Inc. Ayes: Mike Lara, Julio Martinez, Nancy Carroll, Lloyd White, and Rey Santos Approved by a unanimous vote. 5-0 on a recorded vote 10. Award of Construction Contract to TSR Construction and Inspection in an Amount Not-to- Exceed $237,700 for the Community Development Block Grant (CDBG) Project - Rangel Park Improvements Project (2018-005A) CDBG 5.BEA.36-18 and Authorize the City Manager to Execute Change Orders in an Amount Not-to-Exceed $23,770 for a Total Contract Amount Not-to Exceed $261,470 Moved by Nancy Carroll Agenda Item No. 3. Page 82 of 271 City Council October 15, 2019 Seconded by Mike Lara Award a construction contract in the amount not-to-exceed $237,700 to TSR Construction and Inspection for the Rangel Park Improvements Project (Project 2018-005A) 5.BEA.36-18, Authorize the Mayor to execute the public works agreement on behalf of the City of Beaumont, and Authorize the City Manager to approve any recommended change orders in an amount not-to-exceed $23,770. Ayes: Mike Lara, Julio Martinez, Nancy Carroll, Lloyd White, and Rey Santos Approved by a unanimous vote. 11. Approval of a Five-Year Purchase Contract with Axon Enterprise, Inc. for Taser 7 Systems in an Amount Not to Exceed $78,549.76 Moved by Julio Martinez Seconded by Mike Lara Approve a five-year purchase contract with Axon Enterprises, Inc., in an amount not to exceed $78,549.76 and as provided in quote Q-212204-43591.913TC. Ayes: Mike Lara, Julio Martinez, Nancy Carroll, Lloyd White, and Rey Santos Approved by a unanimous vote. 12. An Interim Urgency Ordinance for a Temporary Moratorium Prohibiting Public Storage Facilities, Moving and Storage Establishments, Automobile Parking Facilities (Including Recreational Vehicles), Truck Stops and Terminals, and Building Storage Yards Moved by Mike Lara Seconded by Julio Martinez Waive the full reading and adopt by title only, “An Interim Urgency Ordinance of The City of Beaumont, Enacting A Temporary Moratorium Prohibiting Public Storage Facilities, Moving and Storage Establishments, Automobile Parking Facilities (Including Recreational Vehicles), Automobile Parking Facilities, Truck Stops and Terminals and Building Agenda Item No. 3. Page 83 of 271 City Council October 15, 2019 Storage Yards, Pursuant to Government Code Section 65858.” Ayes: Mike Lara, Julio Martinez, Nancy Carroll, Lloyd White, and Rey Santos Approved by a unanimous vote. 13. Consideration to Cancel December 17, 2019 City Council Meeting Moved by Lloyd White Seconded by Rey Santos To direction to staff to cancel the December 17, 2019 City Council Meeting. Ayes: Mike Lara, Julio Martinez, Nancy Carroll, Lloyd White, and Rey Santos Approved by a unanimous vote. 14. City Council Approval of Change Order No. 9 for the Wastewater Treatment Plant Upgrade/Expansion in the Amount Not to Exceed $138,531.73 Moved by Lloyd White Seconded by Rey Santos To approve Change Order No. 9 for the Wastewater Treatment Plant Expansion/Renovation Project in the amount not to exceed $138,531.73. Ayes: Mike Lara, Julio Martinez, Nancy Carroll, Lloyd White, and Rey Santos Approved by a unanimous vote. 15. Approval of City Attorney Invoices for the Month of September 2019 City Attorney, John Pinkney recused himself on this item. Moved by Mike Lara Seconded by Nancy Carroll Agenda Item No. 3. Page 84 of 271 City Council October 15, 2019 To approve invoices in the amount of $110,707.04. Ayes: Mike Lara, Julio Martinez, Nancy Carroll, Lloyd White, and Rey Santos Approved by a unanimous vote. 16. Legislative Updates and Discussion COUNCIL REPORTS • Carroll - Attended the Banning State of the City, attended RTA meetings, and RTA rodeo. • Lara - Reported out from the WRCOG executive meeting. • Martinez - Attended the Mayor's Meeting, Banning State of the City, an RCA meeting and thanked staff for their support during the Calimesa fire. • Santos - Hosted the Beaumont Clean Air event. • White - No report. ECONOMIC DEVELOPMENT UPDATE Economic Development Committee report out. CITY TREASURER REPORT Finance and Audit Committee report out. CITY CLERK REPORT Reported out from a meeting at the Registrar of Voters regarding their new voting machines and system. Gave a summary of the Public Records Requests for the month of September. CITY ATTORNEY REPORT CITY MANAGER REPORT Introduced the new Chief Building Official, Pedro Rico. FUTURE AGENDA ITEMS • Skate park research ADJOURNMENT Adjournment of the City Council of the October 15, 2019 Meeting at 7:39 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, November 5, 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. Agenda Item No. 3. Page 85 of 271 City Council October 15, 2019 Beaumont City Hall – Online www.BeaumontCa.gov Agenda Item No. 3. Page 86 of 271 Staff Report TO: Mayor and City Council Members FROM:Christina Taylor, Community Development Director DATE:November 5, 2019 SUBJECT:Request for Authorization to Submit SB2 Grant Application Background and Analysis: In 2017, Governor Brown signed a 15-bill housing package to address the state’s housing shortage and high housing costs. The approval included the Building Homes and Jobs Act (SB 2), which established a $75 recording fee on real estate documents to increase the supply of affordable homes in California. Because the number of real estate transactions recorded in each county will vary from year to year, the revenues collected will fluctuate. The state is currently in Year 1 (2019) of the funding cycle which is intended to fund planning grants and homelessness programs. Year 2 (2020) and beyond will include funding for locally administered affordable housing (70% of funds) and State Administered affordable housing (30% of funds). Year 1 funding is intended to provide funding and technical assistance to all local governments in California to help cities and counties prepare, adopt, and implement plans and process improvements that streamline housing approvals and accelerate housing production. The SB2 program provides grants through a noncompetitive, over-the counter process to eligible local governments who meet the following requirements: Have an HCD-compliant housing element, Have submitted a recent Annual Progress report, Demonstrate a nexus to accelerating housing production, and Demonstrate that the applicant is consistent with State planning priorities. The State of California has identified Priority Policy Areas which are deemed to demonstrate a nexus to accelerate housing production. Applicants proposing activities in at least one of the Priority Policy Areas below are automatically deemed to demonstrate a nexus to accelerating housing production without any further demonstration: Agenda Item No. 4. Page 87 of 271 Rezone to Permit By-right: Rezoning for significant additional housing capacity without or lesser discretionary review or establishing zoning to permit residential development by-right, particularly multifamily, without discretionary action pursuant to Government Code Section 65583.2(h) and (i). Objective Design and Development Standards: Developing objective design standards or pre-approved site and architectural plans that facilitate non- discretionary permitting. Specific Plans or Form based Codes Coupled with CEQA Streamlining: Designating and rezoning for additional housing capacity or preparing specific plans or form codes that include zoning and development standards and plan-level environmental analysis that can be used to streamline future housing projects and facilitate affordability. Accessory Dwelling Units or Other Innovative Building Strategies: Encouraging ADUs and other innovative building types through actions above state law such as, outreach, fee waivers, pre-approved plans, website zoning clearance assistance, and other homeowner tools or finance tools. Also, establishing other approaches to intensify existing lower density residential areas and "missing model" typologies to encourage significantly more residential development (e.g., duplexes, triplexes) in lower density residential areas. Expedited Processing: Speeding up approvals and permit processing, including instituting programs that streamline or consolidate the review process or create a separate process for expedited review of housing projects. Housing Related Infrastructure Financing and Fee Reduction Strategies: Develop and implement approaches to local, regional or sub-regional housing related infrastructure financing. Create plans and programs to finance and increase infrastructure with accompanying enhanced housing capacity, such as enhanced infrastructure financing districts. Fee reduction and rationalization approaches, such as reassessing fees to adhere to best practices in reducing costs, deferrals, sliding scales or proportionate impacts fees (e.g., ADUs, transit oriented, and infill development, special needs housing), or fee transparency measures including publicly available fee calculators. SB2 funds may be used for any of the following activities: Updates to general plans, community plans, specific plans, local planning related to implementation of sustainable community strategies, or local coastal plans; Updates to zoning ordinances; Environmental analyses that eliminate the need for project-specific review; or Agenda Item No. 4. Page 88 of 271 Local process improvements that expedite local planning and permitting. As part of the general plan update, a zoning update for consistency will be included but a comprehensive zoning code update was not included in the scope of work. The Planning Department recommends utilizing the SB2 funds to update the zoning code and has identified the following Priority Policy Areas that can be incorporated through an update to the Zoning Ordinance: Rezone to permit by-right, Objective design and development standards, and Specific Plans or form-based codes coupled with CEQA streamlining. Fiscal Impact: The cost to prepare the SB2 grant application and this staff report is approximately $900. If awarded, the City will receive $160,000.00 in non-competitive grant funds. Recommendation: 1. Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont, authorizing application for and receipt of SB2 planning grants program funds.” City Manager Review: Todd Parton City Manager Attachments: SB 2 Resolution 11.5.19 SB2 Grant Aplication 11.5.19 Agenda Item No. 4. Page 89 of 271 Page 90 of 271 RESOLUTION NO: 2019- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, AUTHORIZINGN APPLICATION FOR AND RECEIPT OF, SB 2 PLANNING GRANTS PROGRAM FUNDS WHEREAS, the State of California, Department of Housing and Community Development (Department) has issued a Notice of Funding Availability (NOFA) date March 29, 2019 for its Planning Grants Program (PGP); and WHEREAS, the City Council of BEAUMONT desires to submit a project application for the PGP program to accelerate the projection of housing and will submit a 2019 PGP grant application as described in the Planning Grants Program NOFA and SB 2 Planning Grants Program Guidelines released by the Department for the PGP Program; and WHEREAS, the Department is authorized to provide up to $1.2 million under the SB 2 Planning Grants Program from the Building Homes and Jobs Trust Fund for assistance to Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statues of 2017 (SB 2) related to the PGP Program. NOW, THEREFORE, THE CITY COUNCIL OF BEAUMONT RESOLVES AS FOLLOWS: SECTION 1. The City Council is hereby authorized and directed to apply for and submit to the Department the 2019 Planning Grants Program application released March 29, 2019 in the amount of $160,000. SECTION 2. In connection with the PGP grant, if the application is approved by the Department, the City Council is authorized to enter into, execute, and deliver a State of California Standard Agreement (Standard Agreement) for the amount of $160,000.00, and any and all other document required or deemed necessary or appropriate to evidence and secure the PGP grant, the City Council obligations related thereto, and all amendments thereto (collectively, the PGP Grant Documents). SECTION 3. The City shall be subject to the terms and condition as specified in the Standard Agreement, the SB 2 Planning Grants Program Guidelines, and any applicable PGP guidelines published by the Department. Funds are to bee used for allowable expenditures as specifically identified in the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application will be enforceable through the executed Standard Agreement. The City Council hereby agrees to use the funds for eligible uses in the manner present int eh application as approved by the Department and in accordance with the Planning Grants NOFA the Planning Grants Program Guidelines, and the 2019 Planning Grant Program Application. SECTION 4. The City Council Executive or designee is authorized and directed to execute the City of BEAUMONT Planning Grants Program application, the PGP Grant Documents and any amendments thereto, on behalf of the City as required by the Department for receipt of the PGP Grant. ADOPTED_________________, 2019 BY THE CITY COUNCIL OF BEAUMONT CALIFORNIA. ___________________________ ___________________________ Mayor Date Agenda Item No. 4. Page 91 of 271 Attested by: ___________________________ ___________________________ City Clerk Date AYES: NOES: ABSENT: ABSTAIN: Agenda Item No. 4. Page 92 of 271 CID SB 2 Planning Grants Program pplication State of California Governor Gavin Newsom Alexis Podesta,Secretary Business,Consumer Services and Housing Agency Ben etcalf,Director Department of Housing and Community Development Website:htt ://wvvw.hcd.ca.ov/rants-fundin /active-fundin /Iannin - rants.shtm| sb2 Iannin rant hcd.ca.ov 2020 West El Camino,Suite 500 Sacramento,CA 95833 March 28,2019 Revised July 10,2019 Email: Agenda Item No. 4. Page 93 of 271 Agenda Item No. 4. Page 94 of 271 PP CA—HCDSB 2 PGP Page 3 of 15 2019 Year-1 Grant Application A.Applicant Information Pursuant to Article II,Section 200 of the Guidelines,local governments may partner through legally binding agreements with other forms of governments or entities.However,all local governments must submit separate, signed application packages that identifytheir respective responsibilities and deliverables,even if partnering wit hotherentities. is the a Iicant artnerin with another eli ible local overnment entit ? *Yes *If Yes,the application package must include a fully executed copy of the legally binding I No agreement.Provide the partners’name(s)and type(s)below for reference only Complete the following Applicant information Applicant's Name City of Beaumont Applicant's Agency Type Local Municipality Applicant's Mailing Address 550 E.6th Street City Beaumont State Zip Code 92223 County Riverside Website wvvw.beaumontca.gov Authorized Representative Name Todd Parton Authorized Representative Title City Manager Phone i951-769-8520 Fax Email tparton@beaumontca.gov Contact Person Name Christina Taylor Contact Person Title Community Development Director Phone 951-572-3212 Fax Email ctaylor@beaumontca.gov Partner(s)Name (if applicable) Partner Agency Type Partner(s)Name (if applicable) Partner Agency Type Proposed Grant Amount $ B.Applicant Certification As the official designated by the governing body,I hereby certify that if approved by HCD for funding through the Planning Grants Program (PGP),the City of Beaumont assumes the responsibilities specified in the 2019 Notice of Funding Availability and PGP guidelines,and certi?es that the information,statements,and other contents contained in this application are true and correct. Signature:Name:T0dd Parton Date:Title:City Manager 160,000.00 California SB 2 Planning Grants Application Agenda Item No. 4. Page 95 of 271 () () Agenda Item No. 4. Page 96 of 271 Y9 PPY Pp 913' SB 2 Planning Grants Application D.Proposed Activities Checklist (Section VI,items (1)through (17)of the NOFA) Check all activities the locality is undertaking for their PGP efforts below.Activities must match Section E.Project Description,and Section F.Timeline and Budget. 01 -l>- talk (OOD\lCDClEl I 12 13 14 15 16 17 updates to general plans,community plans,specific plans,local planning related to implementation of sustainable communities strate ies,or local coastal lans updates to zoning ordinances environmental analyses that eliminate the need for project-specific review local process improvements that improve and expedite local planning a smaller geography with a significant impact on housing production including an overlay district, project level specific plan or development standards modifications proposed for significant areas of a localit ,such as corridors,downtown or riorit rowth areas the creation or enhancement of a housing sustainability district pursuant to AB 73 (Chapter 371, Statutes of 2017 workforce housing opportunity zone pursuant to SB 540 (Chapter 369,Statutes of 201 7) zoning for by-right supportive housing,pursuant to Government Code section 65651 (Chapter 753, Statutes of 2018 zoning incentives for housing for persons with special needs,including persons with developmental disabilities rezoning to meet requirements pursuant to Government Code Section 65583.2(c)and other rezoning efforts to facilitate su I and affordabilit rezoning for multifamily housing in high resource areas (according to Tax Credit Allocation CommitteelHousin Communi Develo ment 0 ortunit Area Ma s pre-approved architectural and site plans regional housing trust fund plans funding plans for SB 2 Year 2 going fonNard infrastructure financing plans environmental hazard assessments;data collection on permit tracking;feasibility studies,site analysis,or other background studies that are ancillary and part of a proposed activity with a nexus to acceleratin housin roduction Other activities demonstrating a nexus to accelerating housing production CA-HCD SB 2 PGP Page 5 of 15 2019 Year-1 Grant Application Agenda Item No. 4. Page 97 of 271 Agenda Item No. 4. Page 98 of 271 Agenda Item No. 4. Page 99 of 271 Agenda Item No. 4. Page 100 of 271 ‘I QP 9PP () Date Completed Brief Description of the Action Taken 7/1/14 6th Street Lot Consolidation Program Promote Resource Protection Protecting,preserving,and enhancing the state’s most valuable natural resources,including workin glandscapessuchasfarm,range,and forest lands;natural lands such as wetlands,watersheds,wildlifehabitats, and other wildlands;recreation lands such as parks,trails,greenbelts,and other open space;and landscapes with local]uni ue features and areas identi?ed b the state as deservin s ecial rotection. Activel seek a variet of fundin o ortunities to romote resource rotection in underserved communities. 7/1/14 6th Street Mixed Use Incentives Program SB 2 Planning Grants Application Attachment 1:State and Other Planning Priorities Certification (Page 1 of 3) Pursuant to Section 201(d)of the Guidelines,all agglicants must demonstrate that the locality is consistent with State Planning or Other Planning Priorities by certifying that at least one activity was completed in 1)State Planning Priorities (i.e.,In?ll and Equity,Resource Protection,Efficient Development Patterns)or 2)Other Planning Priorities (i.e.,Affordability,Conservation,or Climate Change).Consistency may be demonstrated through activities (not necessarily proposed for SB 2 funding)that were completed within the last ?ve years. Complete the following self-certi?cation by selecting one or more of the policy areas in the following tables by inserting the date completed for each applicable action,brie?y describing the action taken,and certifying. State Planning Priorities Promote Infill and E uit Rehabilitating,maintaining,and improving existing infrastructure that supports in?ll development and appropriate reuse and redevelopment of previously developed,underutilized land that is presently served by transit,streets,water,sewer,and other essential services,articularl in underserved areas. Seek or utilize funding or support strategies to facilitate opportunities for in?ll development. CA-HCD SB 2 PGP Page 9 of 15 2019 Year-1 Grant Application Encoura e Efficient Development Patterns Ensuring that any infrastructure associated with development,other than in?ll development,supports new develo ment that does the followin : 1 Uses land ef?cientl . Other describe how this meets subarea ob 'ective 6th Street Mixed Use Incentives Program 7/1/14 Other describe how this meets subarea ob 'ective Agenda Item No. 4. Page 101 of 271 {)9 P ()pup yr?9 () ()py I ) 9 9 9 Attachment 1:State and Other Planning Priorities Certification (Page 2 of 3) 2 Is built ad'acent to existin develo ed areas to the extent consistent with environmental protection. 7/1/14 6th Street Mixed Use Incentives Program Other Planning Priorities Affordabilit and Housin Choices Incentives and other mechanisms beyond State Density Bonus Law to encourage housing with affordability terms. Efforts beyond state law to promote accessory dwelling units or other strategies to intensify single-family nei hborhoods with more housin choices and affordabilit . CA-HCD SB 2 PGP Page 10 of 15 2019 Year-1 Grant Application Efforts to address infrastructure de?ciencies in disadvantaged communities pursuant to Government Code Section 65302.10. Other (describe how this meets subarea objective) Upzoning or other zoning modi?cations topromote a variety of housing choices and densities. Utilizing surplus lands to promote affordable housing choices. 3 Is located in an area a ro riatel Ianned for rowth. 4 Is served by adequate transportation and other essential utilities and services. 5 Minimizes on oin costs to tax a ers. Other describe how this meets subarea ob 'ective SB 2 Planning Grants Application Agenda Item No. 4. Page 102 of 271 P SB 2 Planning Grants Application Attachment 1:State and Other Planning Priorities Certification (Page 3 of 3) Conservation of Existin Affordable Housin Stock Policies,programs or ordinances to conserve stock such as an at-risk preservation ordinance,mobilehome park overlay zone,condominium conversion ordinance and acquisition and rehabilitation of market rate housing ro rams. Policies,programs and ordinances to protect and support tenants such as rent stabilization,anti-displacement strategies,?rst night of refusal policies,resources to assist tenant organization and education and ‘just cause” eviction olicies. 10/20“5 City prepared,adopted and implemented a Climate Action Plan CA-HCD SB 2 PGP Page 11 of 15 2019 Year-1 Grant Application Climate Ada tation Building standards,zoning and site planning requirements that address ?ood and ?re safety,climate adaptation and hazard mit’ation. Long-term planning that addresses wild?re,land use for disadvantaged communities,and ?ood and local hazard miti ation. Community engagement that provides information and consultation through a variety of methods such as meetings,workshops,and surveys and that focuses on vulnerable populations (e.g.,seniors,people with disabilities,homeless,etc.. Other describe how this meets subarea ob 'ective State and Other Planning Priorities Certification I certify under penalty of perjury that all of the information contained in this PGP State Planning and Other Planning Priorities certification form (pages 9,10,and 11 of this application)is true and correct. h''T I Certifying Officials Name:C nstma ay or 'D I t D‘ Certifying Of?ciars Title: Community eve opmen Irector Certifying Of?cial’s Signature: Certification Date: Agenda Item No. 4. Page 103 of 271 Agenda Item No. 4. Page 104 of 271 Agenda Item No. 4. Page 105 of 271 Agenda Item No. 4. Page 106 of 271 Agenda Item No. 4. Page 107 of 271 Page 108 of 271 Staff Report TO: Mayor and City Council Members FROM:Christina Taylor, Community Development Director DATE:November 5, 2019 SUBJECT:Second Reading of an Ordinance of the City of Beaumont Approving Amendments to the City of Beaumont Municipal Code Pertaining to the Regulation of Massage Establishments: Amending Title 5, Chapter 5.44. Background and Analysis: On September 18, 2014, the California legislature passed Assembly Bill No. 1147 (“AB 1147”), effective January 1, 2015. The law substantially revises local government’s ability to regulate the massage industry by allowing cities to impose reasonable zoning, business licensing, and health and safety requirements, with some exceptions. This law revises prior legislation, which severely restricted local agencies’ abilities to regulate massage businesses, including entitling businesses to special zoning preferences. In 2019, the law was updated with minor changes that took effect January 1, 2019. Because the Beaumont Municipal Code (“Code”) has not been updated for some time, these changes in the law have resulted in certain provisions of the Code being in direct conflict with state law. The City Council desires to amend the municipal code to ensure that the City regulates massage practitioners and massage establishments in compliance with the provisions of AB 1147 and other applicable laws. The proposed massage ordinance provides comprehensive regulations for the permitting, operation, and enforcement of massage establishments within the City. This memorandum will outline the most significant changes to the code as a result of the ordinance. Updates to the Municipal Code: In addition to some procedural changes/additions, the proposed massage establishment ordinance includes the following substantive changes: Provides that certification by the California Massage Therapy Council (“CAMTC”) is now required for any individual to practice massage therapy for compensation within the City. (See § 5.44.030.) Agenda Item No. 5. Page 109 of 271 Provides that a Certified Massage Establishment Permit or an operator permit, and a City business license must be obtained before employing persons to practice massage therapy. Additionally, a massage establishment operator shall not employ any person to practice massage therapy unless the person is a Certified Massage Professional. (See § 5.44.040.) Prescribes rules for the permitting of massage establishments within the City, including denial of permits, suspension and revocation of permits, and hearing and appeals. (See § 5.44.050 (A)-(B).) Permits the City Manager to send written notice to the property owner advising of the issuance of the permit and the applicable regulations if the massage establishment operator is not the record owner. (See § 5.44.060.) Prescribes rules for amendments to permits. If any information provided in the application for the Certified Massage Establishment Permit or the operator permit changes, the Operator has ten (10) days to file an amendment, accompanied with a fee, with the City Manager. (See § 5.44.070.) Provides that a Certified Massage Establishment Permit or operator permit shall be valid for one (1) year from the date of issuance. The permit may be renewed for another year before the current permit expires by submitting a written application and applicable fee. (See § 5.44.080.) Prescribes regulations applicable to the operation of massage establishments, such as operational requirements, physical facility and building code requirements, health and safety requirements, and attire and physical hygiene requirements in order to comply with AB 1147. (See § 5.44.090.) Permits investigation officials to enter massage establishments during regular business hours to observe and enforce compliance with this Code. (See § 5.44.100.) Provides rules and regulations specifying the grounds for revocation and suspension of permits, the notice required prior to revoking or suspending a permit, the hearing and appeal process, and the time period for determining the decision. (See § 5.44.110.) Provides that any massage establishment legally operating within the City prior to the execution of this chapter shall have one (1) year to come into compliance with the same. (See § 5.44.120.) Provides that no person shall operate under any name not specified in the Certified Massage Establishment Permit or operator permit and City business license. (See § 5.44.130.) Agenda Item No. 5. Page 110 of 271 Provides that permits issued under this chapter are nontransferable. (See § 5.44.140.) Includes a list of classes of individuals exempted from this chapter. (See § 5.44.150.) Updates the section regarding enforcement and penalties. (See § 5.44.160.) The term “massage parlor” is deleted in its entirety from Title 17 (Zoning), Chapter 17.12 (Adult Entertainment), Section 17.12.020 (Definitions), Subsection H “massage parlor” of the City Code in order to comply with Government Code § 51034(c)(2). This section of the Government Code states that cities, counties, or cities and counties may not define or regulate massage establishments as adult entertainment. In order to comply with Government Code § 51034(c)(2), Title 7 (Zoning), Chapter 17.12 (Adult Entertainment), Section 17.12.030 “prohibition” of the City code is amended to include, “Under no circumstances shall a “massage establishment” as defined in § 5.44.020 be considered an “adult entertainment business.” Additionally, “massage parlor” is deleted from this section. In order to comply with Government Code § 51034(c)(2), Title 7 (Zoning), Chapter 17.12 (Adult Entertainment), Section 17.12.060 “signs” of the City Code is amended to delete “massage parlor” from this section. In addition, the Ordinance also leaves blank sections for amendments to the applicable zoning code. This decision should be made at the staff level to determine where Massage Establishments, as defined, should be zoned within the City. Also note that no standalone provision was included in the amendments to the massage ordinance. Under California Business and Professions Code Section 460(a), no city or county shall prohibit a person or group of persons certified by California Massage Therapy Council (“CAMTC”) from engaging in their business, occupation, or profession, or any portion of that business, occupation, or profession. (See Cal. Bus. & Prof. Code § 460(a).) As a result, it is our opinion that an Ordinance prohibiting stand-alone establishments, as least as they apply to certified massage practitioners, would be in direct violation of this provision. This item was presented to the City’s Planning Commission on September 24, 2019, who voted 4-0, to forward a recommendation of approval of these amendments to the City Council. Agenda Item No. 5. Page 111 of 271 CEQA: 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. Findings: In order to approve a zoning amendment, the Municipal Code Chapter 17.020.080 (I) requires that the City Council make the following findings to be made: 1. That the proposed zoning ordinance text amendment is consistent with the goals, policies, and objectives of the General Plan; The proposed amendments are consistent with the goals, policies and objectives of the general plan. The proposed changes are intended to promote the health, safety and welfare of the business to which the standards apply and the public which partakes of the services. 2. That the proposed zoning ordinance text amendment will not adversely affect surrounding properties; and The proposed zoning amendments will not adversely affect the surrounding properties as the proposed changes relate to the administrative aspects of the code. The proposed changes do not modify any land uses. 3. That the proposed zoning ordinance text amendment promotes public health, safety, and general welfare and serves the goals and purposes of this zoning ordinance. The proposed changes are intended to promote the health, safety and welfare of the business to which the standards apply and for the public which partakes of the services. As shown, all of these findings can be made in a positive manner. Agenda Item No. 5. Page 112 of 271 Fiscal Impact: None. Recommendation: 1. Waive the second full reading and adopt by title only, "An Ordinance of the City of Beaumont Approving Amendments to the City of Beaumont Municipal Code Pertaining to the Regulation of Massage Establishments: Amending Title 5, Chapter 5.44." City Manager Review: Todd Parton City Manager Attachments: Attachment A - CC 11.5.19 Draft Massage Ordinance (clean) Agenda Item No. 5. Page 113 of 271 Page 114 of 271 1 ORDINANCE NO.____ AN ORDINANCE OF THE CITY OF BEAUMONT APPROVING AMENDMENTS TO THE CITY OF BEAUMONT MUNICIPAL CODE PERTAINING TO THE REGULATION OF MASSAGE ESTABLISHMENTS: AMENDING TITLE 5, CHAPTER 5.44 WHEREAS, on September 27, 2008, the Legislature adopted Senate Bill 731, which created the California Massage Therapy Council (“CAMTC”) to provide voluntary statewide certification of massage practitioners and therapists; and WHEREAS, Senate Bill 731 was widely criticized by local agencies as providing massage businesses with unprecedented protection from local zoning and land use authority, and interfering with local law enforcement efforts to close massage businesses, allowing prostitution and other illegal activities; and WHEREAS, on September 18, 2014, in response to this criticism, Governor Brown signed Assembly Bill 1147 (“AB 1147”), effective January 1, 2015, which revises existing law regulating certified massage professionals and allows local agencies to impose reasonable zoning, business licensing, and health and safety requirements on massage establishments; and WHEREAS, the City of Beaumont desires to protect the health, safety, and welfare of its residents by providing for the orderly regulation of Massage Establishments, as defined herein, and to prevent and discourage the misuse of Massage Therapy as a front for prostitution and related activities in violation of state law; and WHEREAS, the City of Beaumont wishes to amend portions of the Municipal Code to ensure that the City regulates massage practitioners and massage establishments in compliance with the provisions of AB 1147 and other applicable laws. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity Agenda Item No. 5. Page 115 of 271 2 of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced. SECTION 3. Violation of Prior Ordinances. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City of Beaumont Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 4. The City Council hereby repeals and replaces Title 5 (Business Taxes, Licenses, and Regulations), Division II, Chapter 5.44 “Massage Establishments” as follows: Chapter 5.44 MASSAGE ESTABLISHMENTS Sections: 5.44.010 Purpose and Intent. 5.44.020 Definitions. 5.44.030 Certification by CAMTC Required for Practitioners. 5.44.040 Operation of Massage Establishments. 5.44.050 Permit Applications for Massage Establishments. 5.44.060 Notice to Property Owner. 5.44.070 Requirement to Amend Permit Application. 5.44.080 Permit Renewal. 5.44.090 Regulations Applicable to the Operation of Massage Establishments. 5.44.100 Massage Establishment Inspection. 5.44.110 Revocation and Suspension of Permits. 5.44.120 Legal Non-Conforming Uses. 5.44.130 Change of Business Name or Location. 5.44.140 Permits Non-transferrable. 5.44.150 Exemptions. 5.44.160 Enforcement. 5.44.170 Miscellaneous. 5.44.010 Purpose and Intent. The purpose and intent of this Chapter is to provide for the orderly regulation of Massage Establishments, as defined herein, and to prevent and discourage the misuse of Massage Therapy as a front for prostitution and related activities in violation of state law. It is in the interests of the public health, safety, and welfare to provide certain minimum building, sanitation, and operation standards for such businesses, and by requiring certain minimum qualifications for the operators and practitioners of such businesses. 5.44.020 Definitions. For the purposes of this Chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth shall have the following definitions: Agenda Item No. 5. Page 116 of 271 3 (A) “Beauty Salon” shall mean any establishment having a fixed place of business including a Sole Proprietor, firm, association, partnership, limited liability company, corporation, joint venture, or combination thereof, that offers hairdressing, nails, or cosmetic treatments and which offers Massage Therapy as an accessory use, shall be deemed a Massage Establishment under this Chapter. (A) “CAMTC” shall mean the California Massage Therapy Council as established by the Massage Therapy Act, Chapter 10.5 of Division 2 of the Business and Professions Code; (B) “Certified Massage Establishment” shall mean a Massage Establishment where each Massage Establishment Operator and each person employed or retained to practice Massage Therapy for compensation is a Certified Massage Professional; (C) “Certified Massage Establishment Permit” shall mean a permit required by this Chapter to operate a Certified Massage Establishment; (D) “Certified Massage Professional” shall mean any individual certified by the CAMTC as a “Certified Massage Therapist” or “Certified Massage Practitioner” as having met or exceeded the minimum educational standards established by California Business and Professions Code sections 4600 et seq., and having passed all background checks required by the CAMTC; (E) “City” shall mean the City of Beaumont; (F) “Code” shall mean the City of Beaumont Municipal Code; (G) “Health Club” shall mean any establishment having a fixed place of business including a Sole Proprietor, firm, association, partnership, limited liability company, corporation, joint venture, or combination thereof, that offers any combination of Massage Therapy and bath facilities including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs, shall be deemed a Massage Establishment under this Chapter (H) “Massage Establishment” shall mean any establishment having a fixed place of business, including a Sole Proprietor, firm, association, partnership, limited liability company, corporation, joint venture, or combination thereof, that offers Massage Therapy for compensation within the City. “Massage Establishment” shall include the term “massage and/or bodywork office or establishment.” Any business or establishment that offers any combination of Massage Therapy and bath facilities including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs, shall be deemed a Massage Establishment under this Chapter; (I) “Massage Therapy” shall mean any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical Agenda Item No. 5. Page 117 of 271 4 electrical apparatus, or other appliances or devices, with or without such supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, aromatherapy or other similar preparations and techniques. For the purposes of this Chapter, “Massage Therapy,” “massage,” and/or “bodywork” will be used interchangeably; (J) “Mobile Massage Establishment” shall mean any business, including a Sole Proprietor, firm, association, partnership, limited liability company, corporation, joint venture, or combination thereof, that offers on-location (i.e. Home, Office, or Special event) Massage Therapy for compensation within the City. (K) “Operator” and/or “Massage Establishment Operator” shall mean any and all owners of a Massage Establishment where the primary use of the business is for Massage Therapy; (L) “Operator Permit” shall mean a permit required by this Chapter to operate a Massage Establishment that does not qualify as a Certified Massage Establishment; (M) “Patron” shall mean an individual on the premises of a Massage Establishment for the purpose of receiving Massage Therapy; (N) “Person” and/or “Persons” shall include any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals; (O) “Reception and Waiting Area” shall mean an area immediately inside the main entry door of the Massage Establishment dedicated to the reception and waiting of Patrons and Visitors of the Massage Establishment, and which is not a Massage Therapy room or otherwise used for the provision of Massage Therapy services; (P) “Sole Proprietorship” and/or “Sole Proprietor” shall mean a Massage Establishment where the owner owns 100 percent of the business, is the only person who provides Massage Therapy services for compensation for that business, and has no other employees or independent contractors; (Q) “Visitor” shall mean any individual not retained or employed by the Massage Establishment and not receiving or waiting to receive Massage Therapy services but excluding law enforcement personnel or governmental officials performing governmental business. 5.44.030 Certification by CAMTC Required for Practitioners. It shall be unlawful for any individual to practice Massage Therapy for compensation within the City unless that individual is currently certified by the CAMTC as a Certified Massage Professional. Agenda Item No. 5. Page 118 of 271 5 5.44.040 Operation of Massage Establishments. (A) It shall be unlawful for any person or persons to operate a Massage Establishment, or to employ or retain a person to practice Massage Therapy for compensation, within the City without first obtaining a Certified Massage Establishment Permit or an Operator Permit pursuant to the requirements of this Chapter and a City Business License. (B) It shall be unlawful for any Massage Establishment Operator within the City to employ or retain any person to practice Massage Therapy for compensation, or to allow any person to perform Massage Therapy for compensation on the premises of a Massage Establishment, unless the person is a Certified Massage Professional, as defined in this Chapter. For purposes of this Chapter, an Operator “employs or retains” a person to practice Massage Therapy for compensation if: (1) That person is a directly paid employee of the Massage Establishment; or (2) That person is an independent contractor who receives compensation for Massage Therapy provided to Patrons of the Massage Establishment; or (3) That person receives a referral of Patrons from the Massage Establishment and, at any time before or after the referral, arranges in any way for compensation to flow to the Massage Establishment Operator (whether or not the parties acknowledge the same or record such compensation in their financial records). 5.44.050 Permit Applications for Massage Establishments. (A) Certified Massage Establishment Permit. (1) All Operators of a Certified Massage Establishment shall file an application for a Certified Massage Establishment Permit with the City Manager or his/her designee. The application shall include the following information: (a) The name, address, and telephone number of the Massage Establishment; (b) The name, residence address and telephone number of the Massage Establishment Operator(s) applying for the Certified Massage Establishment Permit, along with a copy of a valid government issued photo identification; (c) The form of business under which the Operator(s) will be conducting the Massage Establishment, i.e. corporation, general or Agenda Item No. 5. Page 119 of 271 6 limited partnership, limited liability company or other form. If the Operator is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence address(es) of each of its officers, directors, and each shareholder holding more than ten percent (10%) of the stock of the corporation. If the Operator is a general or limited partnership, the application shall set forth the name and residence address of each of its members. If one (1) or more of the members is a partnership, limited liability company, or corporation, the provisions of this section pertaining to partnership, limited liability company, or corporate Operator shall apply, as applicable; (d) The name and address of the owner of the real property upon, in, or from which the Certified Massage Establishment is to be operated. In the event the Operator is not the legal owner of the property, the application shall be accompanied by a copy of a written and signed lease between the Operator and the property owner authorizing use of the premises as a Massage Establishment, or, if no written lease exists, a written, notarized acknowledgement from the property owner that the property owner has been advised that a Massage Establishment will be operated upon, in, or from the property; (e) A description of the proposed Massage Establishment, including the type of treatments to be administered; (f) The name of each person that the Massage Establishment employs or retains to perform Massage Therapy; (g) For each person that the Massage Establishment does or will employ or retain to perform Massage Therapy for compensation, a copy of that person’s current CAMTC certification as a Certified Massage Practitioner or Certified Massage Therapist, and a copy of that person’s current CAMTC-issued identification card; (h) For each Operator of the Certified Massage Establishment, a copy of that person’s current CAMTC certification as a Certified Massage Practitioner or Certified Massage Therapist, and a copy of that person’s current CAMTC-issued identification card. (2) Any application for a Certified Massage Establishment Permit shall be accompanied by a fee to be set by resolution. (3) Within thirty (30) days following receipt of a completed permit application, the City Manager or his/her designee shall grant a Certified Massage Establishment Permit to an Operator who has satisfied the requirements of this section and all other applicable laws, including but not limited to, the Agenda Item No. 5. Page 120 of 271 7 City’s building, zoning, business, and health regulations. The permit shall include, but not be limited to, the name of the Massage Establishment, the address of the Massage Establishment, the name(s) of the Operator(s) of the Massage Establishment, the date of issuance of the permit, the date of expiration of the permit, the permit number, a listing of the Certified Massage Professionals registered and authorized to perform Massage Therapy for the Massage Establishment, and a listing of any other persons employed or retained to work in any other capacity on the premises. (B) Operator Permit. (1) All Operators of a Massage Establishment that does not qualify as a Certified Massage Establishment shall file an application for an Operator Permit with the City Manager or his/her designee. The application shall include the following information: (a) The name, address, and telephone number of the Massage Establishment; (b) The name, residence address and telephone number of the Massage Establishment Operator(s) applying for the Certified Massage Establishment Permit, along with a copy of a valid government issued photo identification; (c) The form of business under which the Operator(s) will be conducting the Massage Establishment, i.e. corporation, general or limited partnership, limited liability company or other form. If the Operator is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence address(es) of each of its officers, directors, and each shareholder holding more than ten percent (10%) of the stock of the corporation. If the Operator is a general or limited partnership, the application shall set forth the name and residence address of each of its members. If one (1) or more of the members is a partnership, limited liability company, or corporation, the provisions of this section pertaining to partnership, limited liabilit y company, or corporate Operator shall apply, as applicable; (d) The name and address of the owner of the real property upon, in, or from which the Massage Establishment is to be operated. In the event the Operator is not the legal owner of the property, the application shall be accompanied by a copy of a written and signed lease between the Operator and the property owner authorizing use of the premises as a Massage Establishment, or, if no written lease exists, a written, notarized acknowledgement from the property Agenda Item No. 5. Page 121 of 271 8 owner that the property owner has been advised that a Massage Establishment will be operated upon, in, or from the property; (e) A description of the proposed Massage Establishment, including the type of treatments to be administered; (f) The name of each person that the Massage Establishment employs or retains to perform Massage Therapy; (g) For each person that the Massage Establishment does or will employ or retain to perform Massage Therapy, a copy of that person’s current CAMTC certification as a Certified Massage Practitioner or Certified Massage Therapist, and a copy of that person’s current CAMTC-issued identification card; (h) Whether any license or permit has ever been issued to the Operator(s) by any jurisdiction under the provisions of any ordinance or statute governing massage or somatic practice, and as to any such license or permit, the name and address of the issuing authority, the effective dates of such license or permit, whether such license or permit was ever suspended, revoked, withdrawn, or denied; and copies of any documentary materials relating to such suspension, revocation, withdrawal, or denial; (i) Whether the Operator(s) has within the five (5) years immediately preceding the date of application, been convicted in any state of a felony, or any crime of, or related to, prostitution, along with the jurisdiction of the conviction and charges of which the Operator(s) was convicted; (j) Whether the Operator(s) is currently required to register under the provisions of Section 290 of the California Penal Code or any similar mandatory registration law from another state or federal jurisdiction; (k) The Operator(s)’ business, occupation, and employment history for five (5) years preceding the date of application, and the inclusive dates of same; (l) One (1) set of fingerprints for each Operator in a form satisfactory to the City Manager or his/her designee. The fingerprints shall be taken at a place designated by the City Manager or his/her designee, and any required fee for such fingerprinting shall be paid by the Operator; Agenda Item No. 5. Page 122 of 271 9 (m) Such other information as may be required by the City Manager or his/her designee to determine compliance with any other eligibility requirements for issuance of the permit as specified by federal, state, or local law. The City Manager or his/her designee shall waive requirements of subsections (h) through (m) of this section for an Operator who is also a Certified Massage Professional, provided that they provide a copy of their CAMTC certification as a Certified Massage Practitioner or Certified Massage Therapist, and a copy of their CAMTC-issued identification card. (2) Any application for an Operator Permit shall be accompanied by a fee to be set by resolution. (3) Within thirty (30) days following receipt of a completed permit application, the City Manager or his/her designee shall grant an Operator Permit for the Massage Establishment if the Massage Establishment Operator(s) have satisfied the requirements of this section and all other applicable laws, including, but not limited to, the City’s building, zoning, business, and health regulations, unless the City Manager or his/her designee determines any or more of the following to be true: (a) The Operator, or any shareholder, partner, or member of the Operator, within five (5) years immediately preceding the date of filing the application, has been convicted in a court of competent jurisdiction of any offense that relates directly to the operation of a Massage Establishment, whether as a Massage Establishment owner or operator, or as a person practicing Massage Therapy for compensation, or as an employee of either; or has at any time been convicted in a court of competent jurisdiction of any felony, the commission of which occurred on the premises of the Massage Establishment; or (b) The Operator(s) is currently required to register under the provisions of Section 290 of the California Penal Code law or any similar mandatory registration from another state or federal jurisdiction; or (c) The Operator, or any shareholder, partner, or member of the Operator, within five (5) years of the date of application, has been convicted in a court of competent jurisdiction of any violation of Section 266, 266a, 266e, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), and/or 653.22 of the California Penal Code, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the State of California that is the equivalent of the aforesaid offenses; or Agenda Item No. 5. Page 123 of 271 10 (d) The Operator, or any shareholder, partner, or member of the Operator, has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Section 11225 through 11235 of the California Penal Code, or any similar provisions of law in a jurisdiction outside of the State of California; or (e) The Operator(s), if an individual, has not attained the age of eighteen (18) years; or (f) The Operator, or any shareholder, partner, or member of the Operator, has knowingly made a false statement or omission of a material fact in the application for the permit; or (g) The Operator, or any shareholder, partner, or member of the Operator, within five (5) years immediately preceding the date of filing the application, has had a permit or license to practice Massage Therapy for compensation or to own and/or operate a Massage Establishment revoked or denied in any jurisdiction. The permit shall include, but not be limited to, the name of the Massage Establishment, the address of the Massage Establishment, the names of the Operator(s) of the Massage Establishment, the date of issuance of the permit, the date of expiration of the permit, the permit number, a listing of the Certified Massage Professionals registered and authorized to perform Massage Therapy for the Massage Establishment, and a listing of any other persons employed or retained to work in any other capacity on the premises. (C) Denial of Permit Application. (1) If a Certified Massage Establishment Permit or an Operator Permit is denied, the City Manager or his/her designee shall serve on the Operator(s) a written notice of denial specifying the grounds for the denial and of the right to request a hearing in regard thereto. (2) The Operator(s) shall have the right to appeal from a decision by the City Manager or his/her designee to deny a Certified Massage Establishment Permit or an Operator Permit by filing with the City Clerk a written notice of appeal, specifying the grounds for such appeal, within ten (10) days after the decision has been served on the Operator(s). Such appeal shall be heard by the City Council within ninety (90) days after the notice of appeal is received by the City Clerk. The Operator(s) shall be given not less than fifteen (15) days written notice of the date, time and location of appeal hearing. The City Council shall consider all relevant evidence at the hearing, may continue the hearing, and may require evidence and legal briefing as the Council determines may be helpful in addressing issues Agenda Item No. 5. Page 124 of 271 11 raised by the appeal. Not more than sixty (60) days following the conclusion of the hearing, the City Council shall issue a written decision as to whether the application shall be granted or denied. The written decision shall be served on the Operator(s) as provided in Code of Civil Procedure Section 1094.6, with a cop y served on the City Manager or his/her designee. The written decision of the City Council shall be final and shall only be subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6. 5.44.060. Notice to Property Owner. Where the Operator for a Certified Massage Establishment Permit or Operator Permit is not the record owner as shown on the latest county recorder’s official records for the property upon, in, or from which the Massage Establishment is to be operated, then upon issuance of the permit, the City Manager or his/her designee may send a written notice to the property owner advising of the issuance of the permit and of the regulations applicable to the Massage Establishment and the property pursuant to this Chapter. Any other notices sent to the Operator pursuant to this Chapter at any time before or after the issuance of the permit may also be sent to the property owner. 5.44.070. Requirement to Amend Permit Application. Whenever the information provided in the application for a Certified Massage Establishment Permit or Operator Permit on file with the City changes (e.g. a change in employees), the Operator shall, within ten (10) business days after such change, file an amendment to the permit application with the City Manager or his/her designee. The amendment shall be accompanied by a fee set by resolution. It shall be a violation of this Chapter for an Operator to allow, and person to perform, Massage Therapy for compensation on the premises of a Massage Establishment unless and until an amended permit has been issued by the City Manager or his/her designee. 5.44.080. Permit Renewal. A Certified Massage Establishment Permit or Operator Permit issued pursuant to the terms of this Chapter shall be valid for a term of one (1) year from the date of issuance. A permit that has not expired and has not been suspended or revoked pursuant to Section 5.44.110 “Revocation and Suspension of Permits” may be renewed for another one-year period, on submittal of a written application and payment of an application fee to be set by resolution. 5.44.090. Regulations Applicable to the Operation of Massage Establishments. (A) Operational Requirements. Except as otherwise specifically provided in this Chapter, the following operational requirements shall be applicable to all Massage Establishments located within the City: (1) Massage Establishments shall comply with all applicable Code requirements, including, but not limited to, obtaining a business license. (2) No Massage Establishment shall be open for business between the hours of 8:00 p.m. and 9:00 a.m. A massage begun any time before 8:00 p.m. must nevertheless terminate at 8:00 p.m. The hours of operation shall be Agenda Item No. 5. Page 125 of 271 12 displayed in a conspicuous place in the Reception and Waiting Area and in any front window clearly visible from outside of the Massage Establishment. Patrons shall be permitted in the Massage Establishment only during the hours of operation. (3) During the hours of operation, Patrons shall be permitted in Massage Therapy rooms only if at least one (1) duly authorized Certified Massage Professional is present on the premises of the Massage Establishment. Patrons shall not be permitted in any employee break room. (4) During the hours of operation, Visitors shall not be permitted in any Massage Therapy room except: (a) As a parent or guardian of a Patron who is a minor child; (b) As a minor child of a Patron where necessary for the supervision of the child; or (c) As a conservator, aid, or other caretaker of a Patron who is elderly or disabled. (5) Except as otherwise provided herein, Visitors shall not be permitted in Massage Therapy rooms, break rooms, dressing rooms, showers, or any other room or part of the Massage Establishment premises other than the Reception and Waiting Area or the restroom. (6) A list of services, the length of services, and the cost of such services shall be posted in an open and conspicuous public place on the premises or provided to Patrons before services are rendered. No Massage Establishment Operator shall permit, and no person employed or retained by the Massage Establishment shall perform or offer to perform, any services or request or demand any fees other than those posted. (7) Each Massage Establishment shall require all Patrons to sign in before receiving service with their full name and the date of their visit. Each Massage Establishment shall post in the Reception and Waiting Area a notice containing the following text in upper case two-inch-high letters: “SOLICITATION OF PROSTITUTION IS A CRIME IN THE STATE OF CALIFORNIA AND WILL BE REPORTED TO LAW ENFORCEMENT.” Any person practicing Massage Therapy in the Massage Establishment shall be required to notify the Beaumont Police Department of a Patron who solicits or attempts to solicit prostitution at the Massage Establishment. (8) Each holder of a Certified Massage Establishment Permit or Operator Permit shall display that permit in an open and conspicuous place on the Agenda Item No. 5. Page 126 of 271 13 premises visible from the entrance and/or Reception and Waiting Area of the Massage Establishment. Any person who practices Massage Therapy shall carry with them their CAMTC issued certification card at all times while on the premises of a Massage Establishment for the purpose of practicing Massage Therapy. (B) Physical Facility and Building Code Requirements. Except as otherwise specifically provided in this Chapter, the following physical and building code requirements shall be applicable to all Massage Establishments located within the City: (1) One main entry door shall be provided for Patron entry to the Massage Establishment, which shall open to an interior Reception and Waiting Area. All Patrons and any persons other than individuals employed or retained by the Massage Establishment shall be required to enter and exit through the main entry door. Unless the Massage Establishment is a Sole Proprietorship or employs or retains only one employee, the main entry door shall be unlocked at all times during business hours. (2) No Massage Establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior Reception and Waiting Area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises. (3) Minimum lighting equivalent to at least one (1) 40-watt light shall be provided in each Massage Therapy room or cubicle. (4) A minimum of one ADA compliant and handicap accessible toilet and washbasin shall be provided in every Massage Establishment. (5) A massage table shall be used for all Massage Therapy, with the exception of “Thai,” “Shiatsu,” and similar forms of Massage Therapy, which may be provided on a padded mat on the floor, provided the Patron is fully clothed. Massage Therapy tables shall have a minimum height of eighteen (18) inches. (6) Beds, floor mattresses, and waterbeds are not permitted on the premises of the Massage Establishment, and no Massage Establishment shall be used for residential or sleeping purposes. (7) All locker facilities that are provided for the use of Patrons shall be fully secured for the protection of the Patron’s valuables, and each Patron shall be given control of the key or other means of access. Agenda Item No. 5. Page 127 of 271 14 (8) Minimum ventilation shall be provided in accordance with the Building Code of the City. (9) All restrooms or washbasins shall be provided with hot and cold running water, soap, and single-service towels in wall-mounted dispensers. (10) The Massage Establishment shall comply with all applicable state and local building standards and requirements, and the fire code. (11) Except as otherwise provided in the Code, all plumbing and electrical installations shall be installed under permit and inspection of the building inspection department and such installations shall be installed in accordance with the California Building Code and the California Plumbing Code. (C) Health and Safety Requirements. Except as otherwise specifically provided in this Chapter, the following health and safety requirements shall be applicable to all Massage Establishments located within the City: (1) The Massage Establishment shall at all times be equipped with an adequate supply of clean, sanitary towels, coverings, and linens, and all massage tables shall be covered with a clean sheet or other clean covering for each Patron. After a towel, covering, or linen has been used once, it shall be deposited in a closed receptacle, and not used again until properly laundered and sanitized. Clean towels, coverings, and linens shall be stored in closed, clean cabinets when not in use. Heavy white paper may be used in lieu of towels, coverings, or linen, provided that the paper is used once for each Patron and then discarded into a sanitary receptacle. (2) All Massage Therapy rooms or cubicles, wet and dry heat rooms, restrooms, shower compartments, hot tubs, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each business day when the premises have been or will be open and such facilities are in use. All bathtubs shall be thoroughly cleaned and disinfected after each use. (3) The walls in all rooms where water or steam baths are given shall have washable, mold-resistant surfaces. (4) All liquids, creams, or other preparations used on or made available to Patrons shall be kept in clean and closed containers, and according to the instructions for storage and use. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream, or other preparation is to be used on or made available to a Patron, it shall be removed from the container in such a way so as to not contaminate the remaining portion. Agenda Item No. 5. Page 128 of 271 15 (5) Disinfecting agents and sterilizing equipment shall be provided for any instruments used in performing acts of Massage Therapy and said instruments shall be disinfected and sterilized after each use. (6) Pads used on massage tables shall be covered with durable, washable plastic or other acceptable waterproof material. (7) All bathrobes, bathing suits, and/or other garments that are provided for the use of Patrons shall be either fully disposable and not used by more than one (1) Patron or shall be laundered after each use. (8) All combs, brushes, and/or other personal items of grooming or hygiene that are provided for the use of Patrons shall be either fully disposable and not used by more than one (1) Patron or shall be fully disinfected after each use. (9) No Patrons shall be allowed to use any shower facilities of the Massage Establishment unless such Patrons are wearing slip-resistant sandals or flip- flops while in the shower compartment. All footwear such as sandals or flip- flops that are provided for the use of Patrons shall be either fully disposable and not used by more than one (1) Patron or shall be fully disinfected after each use. (10) The Patron’s genitals, pubic area, anus, and areola must be fully covered at all times while any individual employed or retained by the Massage Establishment to practice Massage Therapy for compensation, or any other employee or Operator of the Massage Establishment, is in the Massage Therapy room or cubicle with the Patron. No Massage Therapy shall be provided to a Patron that results in contact with genitals, pubic area, anus, or areola of the Patron. (11) No alcoholic beverages shall be sold, served, or furnished to any Patron; nor shall any alcoholic beverages be kept, possessed, or consumed on the premises of the Massage Establishment. (D) Attire and Physical Hygiene Requirements. The following attire and physical hygiene requirements shall be applicable to all employees and any other persons who work permanently or temporarily on the premises of the Massage Establishment within the City, including, but not limited to, all persons who are employed or retained to practice Massage Therapy or bodywork for the Massage Establishment: (1) No person shall dress in: (a) attire that is transparent, see-through, or substantially exposes the person’s undergarments; Agenda Item No. 5. Page 129 of 271 16 (b) swim attire, unless providing a water-based massage modality approved by the CAMTC; (c) a manner that exposes the person’s breasts, buttocks, or genitals; (d) a manner that constitutes a violation of Section 314 of the California Penal Code. (2) No Massage Establishment Operator, employee, or Visitor shall, while on the premises of a Massage Establishment and while in the presence of any Patron, customer, employee or Visitor, expose his or her pubic areas, areola, breasts, buttocks, or genitals. (3) All persons shall thoroughly wash their hands with anti-bacterial soap and water or any equally effective cleansing agent immediately before providing Massage Therapy to a Patron. No Massage Therapy shall be provided upon a surface of the skin or scalp of a Patron where such skin is inflamed, broken (e.g. abraded or cut), or where a skin infection or eruption is present. 5.44.100. Massage Establishment Inspection. (A) Any and all investigating officials of the City shall have the right to enter Massage Establishments from time to time during regular business hours to make reasonable inspections and observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and this Code. A warrant shall be obtained whenever required by law. (B) The Massage Establishment Operator shall take immediate action to correct each violation noted by the investigating official. A re-inspection will be performed within thirty (30) days to ensure that each violation noted by the investigating official has been corrected. 5.44.110. Revocation and Suspension of Permits. In addition to any other remedy available to the City under this Code or state law, a Certified Massage Establishment Permit or Operator Permit may be suspended or revoked by the City Manager or his/her designee. Upon suspension or revocation, the Massage Establishment shall immediately cease operation. If so ordered by the City Manager or his/her designee, no other Massage Establishment shall be permitted to operate at that location by any person for a period of not less than one (1) year. If the Operator is not also the legal owner of the real property on which the Massage Establishment is situated, notice of such suspension or revocation and the one-year prohibition, if any, shall be provided by the City Manager or his/her designee to the owner of record of the property as shown on the latest county recorder’s official records. Notwithstanding any other provision of this Chapter, where a notice of revocation or suspension has been issued to the Operator of a Massage Establishment, the City Manager or his/her designee shall not process or grant an application for a Certified Massage Establishment Permit or Operator Permit for a new Massage Establishment at the same premises unless and until Agenda Item No. 5. Page 130 of 271 17 such notice is dismissed, or a final determination is made that the permit is not or should not be revoked or suspended, or any prohibition period has expired. (A) Grounds for Revocation and Suspension. All Massage Establishment Operators shall be deemed to know and understand the requirements and prohibitions of this Chapter. The Massage Establishment Operator shall be responsible for the conduct of all Massage Establishment employees, agents, independent contractors, and other representatives, while on the premises of the Massage Establishment. Any Certified Massage Establishment Permit or Operator Permit may be suspended or revoked by the City Manager or his/her designee after a hearing, where it is found by a preponderance of the evidence that any of the following have occurred, on even a single occasion: (1) The person(s) to whom the Certified Massage Establishment Permit or Operator Permit was issued, or any person empl oyed or retained by the Massage Establishment, has been found to have violated any provision of this Chapter; or (2) Any owner of a Massage Establishment which is operating pursuant to a Certified Massage Establishment Permit is no longer qualified as a Certified Massage Professional; or (3) The permittee or any person employed or retained by the Massage Establishment has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of California Penal Code Section266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 647(b), or 653.22, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the State of California that is the equivalent of any of the aforesaid offenses; or (4) The permittee or any person employed or retained by the Massage Establishment is required to register under Section 290 of the California Penal Code; or (5) The permittee has been subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to this Code, or Section 11225 through 11235 of the California Penal Code, or any similar provision of law in any jurisdiction outside of the State of California; or (6) The permittee or any person employed or retained by the Massage Establishment has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact while working in or for the Massage Establishment; or Agenda Item No. 5. Page 131 of 271 18 (7) The permittee has continued to operate the Massage Establishment after the Certified Massage Establishment Permit or Operator Permit has been suspended; or (8) Massage Therapy is or has been performed on the premises of the Massage Establishment, with or without the permittee’s actual knowledge, by any person who is not a duly authorized Certified Massage Professional; or (9) There have been one or more acts prohibited under California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 taking place on the premises of the Massage Establishment, whether or not any criminal prosecution has been pursued or conviction obtained for such acts, and whether or not they occurred with or without the actual knowledge of the permittee; or (10) Any person employed or retained by the Massage Establishment engages in conduct prohibited by the CAMTC in section 4609 of the California Business and Professions Code; or (11) The permittee or any person employed or retained by the Massage Establishment, or any other person on the premises of the Massage Establishment, has engaged in conduct or committed acts that a reasonable person in the Patron’s position would understand as an offer to perform on or engage in with the Patron acts that are sexual in nature or that involve touching of the patron’s genitals, pubic area, anus, and/or areola. (B) Notice of Revocation or Suspension. The City Manager or his/her designee, before revoking or suspending any Certified Massage Establishment Permit or Operator Permit, shall provide the Operator with written notice of the alleged grounds for suspension or revocation and of a right to request a hearing in regards thereto. (C) Hearing and Appeal. The Operator(s) shall have the right to appeal from a decision by the City Manager or his/her designee to suspend or revoke a Certified Massage Establishment Permit or an Operator Permit by filing with the City Clerk a written notice of appeal, specifying the grounds for such appeal, within ten (10) days after the decision has been served on the Operator(s). Such appeal shall be heard by the City Council within ninety (90) days and with not less than fifteen (15) days written notice to the Operator(s) of the date, time and location of the hearing. The City Council shall consider all relevant evidence at the hearing, may continue the hearing, and may require such evidence and legal briefing as may be helpful in addressing issues raised by the appeal. Agenda Item No. 5. Page 132 of 271 19 (D) Notice of Decision. Within a reasonable time, but not more than sixty (60) days following the conclusion of the hearing, the City Council shall issue a written decision as to whether the permit shall be revoked or suspended. The written decision shall be served on the permit holder as provided in Code of Civil Procedure section 1094.6, with a copy submitted to the City Clerk and City Attorney. The written decision shall be final and subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure section 1094.6. 5.44.120. Legal Non-Conforming Uses. Notwithstanding any provision to the contrary in this Code, including Title 17, Chapter 17.08 “Non-Conforming Uses,” any Massage Establishment legally operating within the City prior to execution of this Chapter shall have one (1) year to come into compliance with the same. 5.44.130. Change of Business Name or Location. No person permitted to operate a Massage Establishment under this Chapter shall operate under any name or conduct business under any designation not specified in the Certified Massage Establishment Permit or Operator Permit and City business license. Upon change of location of a Massage Establishment where there is no change in Massage Establishment Operator(s), an application for an amended Certified Massage Establishment Permit or Operator Permit shall be filed with the City Manager or his/her designee, and such application shall be granted, provided all applicable provisions of this Chapter are complied with as to the new location. 5.44.140. Permits Non-transferrable. Certified Massage Establishment Permits and Operator Permits are non-transferable. Upon a sale or transfer of any Massage Establishment, or upon the sale or transfer of some or all of the interest of any Massage Establishment Operator to a person who is not already an Operator of the Massage Establishment, a new Certified Massage Establishment Permit or Operator Permit shall be required. 5.44.150. Exemptions. This Chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions: (A) Physicians, surgeons, chiropractors, osteopaths, podiatrists, physical therapists, nurses, or any other person licensed to practice any healing art under the provisions of Division 2 of the Business and Professions Code when engaging in such practice within the scope of his or her license. (B) Trainers of any amateur, semi-professional, or professional athlete or athletic team, so long as such persons do not practice Massage Therapy as their primary occupation at any location where they provide such services within the City. (C) Barbers, estheticians, and cosmetologists who are duly licensed under the laws of the State of California, while engaging in practices within the scope of their licenses. (D) Individuals in the City temporarily for educational events or disaster relief. Agenda Item No. 5. Page 133 of 271 20 (E) Somatic practitioners who use no physical touch of any kind at any time in their practice. (F) Enrolled students of a CAMTC approved school of massage when they are performing massage within the City as part of a formal supervised internship or training program operated by the school, without compensation other than school credit, on the premises of a Massage Establishment duly authorized to operate pursuant to the terms of this Chapter; and provided that the Massage Establishment Operator has first notified the City Manager or his/her designee in writing of the name, residence address, and school of the students, and dates of the training. 5.44.160. Enforcement. (A) Any Massage Establishment operated, conducted, or maintained contrary to the provisions of this Chapter shall be, and is hereby declared to be, unlawful and a public nuisance, and the City may, in addition to or in lieu of prosecution in a criminal action under this Chapter, commence an action or actions, proceeding or proceedings for the abatement, removal, and enjoinment thereof, in the manner provided by law, and shall take such other steps, and shall apply to such courts or court as may have jurisdiction to grant such relief as will abate or remove such Massage Establishment, and restrain and enjoin any person from operating, conducting, or maintaining a Massage Establishment contrary to the provisions of this Chapter. Such remedies shall be in addition to any other judicial or administrative remedies available to the City under the City Code or state law. (B) Unless otherwise exempted by the provisions of this Chapter, every person, whether acting as an individual, Operator, employee of or person retained by the Operator, or whether acting as a mere helper for the Operator, or whether acting as a participant or worker in any way, who practices Massage Therapy or Operates a Massage Establishment in violation of this Chapter, shall be guilty of a misdemeanor, punishable by up to six (6) months in county jail and/or a fine of up to $1,000.00; however, the City attorney may reduce the penalty to an infraction as follows: (1) $100.00 for the first offense; (2) $200.00 for the second offense; and (3) $1,000.00 for each offense thereafter. (C) Each violation of this Chapter shall constitute a separate violation and each violation may be charged as a separate count in the event of administrative or criminal enforcement action. 5.44.170. Miscellaneous. See Title 17, Table 17.03-3, for zoning allowances. Agenda Item No. 5. Page 134 of 271 21 SECTION 5. Title 17 (Zoning), Chapter 17.12 (Adult Entertainment), Section 17.12.020 (Definitions), Subsection H “Massage Parlor” of the City Code is deleted in its entirety. SECTION 6. Title 17 (Zoning), Chapter 17.12 (Adult Entertainment), Section 17.12.030 “Prohibition” of the City Code is amended to read as follows: No person shall cause or permit the establishment, substantial expansion of an Adult Arcade, Adult Bookstore, Adult Cabaret, Adult Motel, Adult Motion Picture Theater, Adult Theater, Massage Parlor or sexual Encounter Establishment within one thousand (1,000) feet of another such business, or within one thousand (1,000) feet of any religious institution, school or public park within the City of Beaumont, or within six hundred (600) feet of any property zoned for residential use or used for residential property, or within three- hundred (300) feet of any property zoned for commercial purposes. Under no circumstances shall a “Massage Establishment” as defined in 5.44.020 be considered an “Adult Entertainment Business.” SECTION 7. The first paragraph of Title 17 (Zoning), Chapter 17.12 (Adult Entertainment), Section 17.12.060 “Signs” is amended to read as follows: In addition to the sign regulation contained elsewhere in Title 17, the following restrictions shall apply to all premises used for an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, massage parlor or sexual encounter establishment: SECTION 8. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937. Agenda Item No. 5. Page 135 of 271 22 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 September, 2019, by the following roll call vote: AYES: NOES ABSENT ABSTAIN _______________________ Julio Martinez, Mayor Attest: _______________________ Steven Mehlman, City Clerk 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, Mayor (Seal) Attest: ______________________ Steven Mehlman, City Clerk Approved as to form: _________________________ John O. Pinkney, City Attorney Agenda Item No. 5. Page 136 of 271 Staff Report TO: Mayor and City Council Members FROM:Jeff Hart, Public Works Director DATE:November 5, 2019 SUBJECT:Performance Bond No. 4428447 and Security Agreement Approval for Franklin Mechanical Systems, Inc. for Required Public Improvements for Certain Development Located at 185 W. Fourth Street (Assessor Parcel Numbers 417-124-020 and 417-124-021) Background and Analysis: The City requires that all developers provide security for all public improvements consisting of, but not limited to, sewer improvements, street improvements, storm drain improvements, utility improvements, and monument improvements. The bonded improvements listed in Table 1 will be constructed by Franklin Mechanical Systems, Inc. Franklin Mechanical Systems, Inc., plans to construct an approximately 10,000 square foot warehouse building for an existing business, and a 5,400 square foot multi-tenant commercial building on 1.35 acres, located at 185 W. Fourth Street, in the manufacturing (M) zoning district. The project has three street frontages: California Avenue, Fourth Street, and Walnut Street. Two points of access are provided to the site, the current business which is accessed from Fourth Street, and the proposed development which will be accessed from Walnut Street. Right-of-way dedication and street improvements will be required along all frontages that are currently unimproved, and will include new sidewalk, curb and gutter, commercial driveway approach, and a grind and overlay of the existing pavement. Landscaping is proposed around the perimeter of the property and in the parking area, and will be required to meet the City’s landscaping ordinance which requires water efficient landscaping. The City will only be responsible for maintaining the public infrastructure and the street improvements once all improvements are complete, and after maintenance bonds have been exonerated. The following table includes the bond number, type of improvement, parcel number, and the developer submitting the security agreement: Agenda Item No. 6. Page 137 of 271 Table 1. Bond Number, Bond Type, and Type of Improvement Bond #Bond Type Type of Improv ement APN Map # Develo per 4428447 Perform ance Street Improve ments 41712402 0 & 41712402 1 Franklin Mechani cal Staff has received the security agreements, along with the performance and payment bond and determined that they are consistent with the City’s municipal code. Staff recommends that the City Council accept the bond listed in Table 1. Fiscal Impact: The cost of preparing the staff report is estimated to be $350. Recommendation: 1. Accept the security agreement and performance bond no. 4428447 for street improvements. City Manager Review: Todd Parton City Manager Attachments: Attachment A - Security Agreement for Performance Bond No. 4428447, and Approved Street Improvement Plans Agenda Item No. 6. Page 138 of 271 Agenda Item No. 6. Page 139 of 271 [Y Agenda Item No. 6. Page 140 of 271 t‘/ W Agenda Item No. 6. Page 141 of 271 an [X ty jgj XIO Agenda Item No. 6. Page 142 of 271 Agenda Item No. 6. Page 143 of 271 Agenda Item No. 6. Page 144 of 271 <ureTec Insurance Company and / Agenda Item No. 6. Page 145 of 271 Agenda Item No. 6. Page 146 of 271 Agenda Item No. 6. Page 147 of 271 SureTec Insurance lgompanv ,5...u......._., ' Ccmm.Exwres u9-\n mm Nolaly m 129l17659 Agenda Item No. 6. Page 148 of 271 ACKNOWLEDGE:ENT A notary publicor otherToflloorcompleting:this oertiliontevernefsonly the identityorthe individual whosl?nerlthe documentto this certificateis attached...and not.l:i'I.0truthfulness.accuracy,or vat of that document. state of Goiiiornh on September 19th,2019 “,0”me‘,2 4 __p T - (insert name and titleof the officer) poroonnliyoppeerod T who proved to me onthe bootsofootiofootoryevidenceto be the rsongsjiwhose nemegeyrsiare. ‘ocrlbaaclto the withinlnstrurnerltLand _dto me -snoitlieyexecutedthe‘§arne i nnorlthoirauthorizedcope T T .and that bi».:i§;}r}IfIu'tBlfT8ljl§i??tU?G,(JE3§i'O?the instrumentthe poreor31n).’orthe.entity upon be it of whichthe pereomxni executed the instrument. I.undo?PENALTYOF PERJURYunder the towerofthe Stile-ofCaliforniathatforegoing paragraph is true and correct. ' Wi'l'NESsmy hand and official 3% r E.B.STRAHAN Q‘Notary Publicv California San DiegoCounty lVNN CommissionI!2244434 MyComm.Expires Jun 25,2022signature(Seat) Agenda Item No. 6. Page 149 of 271 Agenda Item No. 6. Page 150 of 271 ooenz.\hoovnz..‘Z'.‘\NvwIa\?" J oanzgtnooztAn_o»e¢ Agenda Item No. 6. Page 151 of 271 [H -P‘ E > Z . 3 I I L-rr Elli: _.n<.-ozu Agenda Item No. 6. Page 152 of 271 Staff Report TO: Mayor and City Council Members FROM:Carole Kendrick, Senior Planner DATE:November 5, 2019 SUBJECT:Public Hearing for First Reading of Proposed Amendment to Table 17.03-3 Permitted Uses in Base Zone District and Addition of Chapter 17.18 Regarding Wireless Telecommunications Facilities Background and Analysis: At the April 16, 2019, City Council meeting, the City Council engaged in a discussion regarding wireless telecommunications facilities within the City. The City Council discussed issues pertaining to the location of wireless telecommunication facilities within the public right-of-way, as well as the need for guidelines and standards for facilities proposed on private property. Attached is a draft ordinance that was provided to the Planning Commission on June 25, 2019. During the public hearing portion of the project, three (3) members of the public spoke and provided comments that the proposed ordinance be more progressive in relation to allowing wireless facilities on residential properties, concerns regarding future service in residential areas and information regarding radio frequency emissions. The Planning Commission indicated that aesthetics issues would be a primary concern for wireless facilities in residential zones. On July 2, 2019, staff provided an update to the City Council regarding the proposed wireless ordinance. No members of the public spoke, but the City Council discussed the item and asked staff to provide their comments to the Planning Commission. The topics discussed included: The fees for small devices and concern if the City would end up subsidizing the projects due to the safe harbor rate ($270); Allowing major facilities in residential or on vacant residential lots, to reduce the impact of small equipment in the right-of-way; Health concerns related to wireless facilities; Aesthetic concerns of major facilities in residential zoning districts; Requiring more attractive stealth design; Agenda Item No. 7. Page 153 of 271 Require providers to justify that the site is warranted; Provide more information regarding City’s control on permitting small cell devices; Indicate if small cell devices can provide collocating opportunities; and Determine if a standard drawing can be approved to help streamline process. In addition to the City Council update, staff provided a table that included information regarding 12 surrounding cities and their policies regarding major wireless facilities in residential zones. The table is included as Attachment B to this staff report. On July 23, 2019, the draft ordinance returned to the Planning Commission, where it was recommended that the City Council approve the draft ordinance. Staff has been working with the City Attorney and Public Works Director to research and determine the parameters in which the City can regulate small cell devices within the public right-of-way. Most cities do not address small cell devices in the zoning code, but rather in other sections of the code that deal with streets and public rights-of-way. Staff has revised the draft ordinance to remove requirements for small cell devices in the right- of-way. The Public Works and Community Development Department will draft an ordinance to address those facilities for presentation at the January 21, 2020, City Council meeting. At its September 24, 2019, meeting,the Planning Commission considered the revised draft Ordinance and forwarded a recommendation of approval of the revised ordinance to the City Council. City of Beaumont Municipal Code Chapter 17.03.120 includes Table 17.03-3 for Permitted Uses in Base Zone Districts. The table establishes throughout the City to ensure compatibility in and among zoning districts. It currently allows cellular communication facilities and cellular stealth as conditionally permitted uses in the recreation and conservation (RC), commercial general (CG), community commercial (CC), manufacturing (M) and commercial manufacturing zoning districts. Non-stealth facilities require a conditional use permit in the stealth zones with the exception of the RC zoning district. In order to provide clarity in the code and promote camouflaged wireless designs, staff is recommending that the cellular communication facility and cellular non-stealth be removed from the permitted use table. Staff is also recommending that “cellular – stealth” be modified to read as “wireless telecommunication facility – stealth”, which is consistent with industry language. The Permitted Uses for Overlay Zone District Table (Table 17.03-4) currently requires a conditional use permit for “Cellular Communication Facilities (stealth)”. The overlay zoning districts do not currently allow non-stealth facilities. No changes are proposed to Table 17.03-4. The draft ordinance provides guidance to staff and applicants regarding the requirements and guidelines for future wireless applications within the City limits. Aspects of the draft Agenda Item No. 7. Page 154 of 271 ordinance include sections regarding processing, distances, application requirements, standards and guidelines and removal of facilities. Table 17.03-3 Permitted Land Uses For Base Zone Districts R C P F R R R S F R M F C G C C M C M WirelessTelecommunication Facilities Cellular Communication Facilities C N N N N C C C C CellularWireless Telecommunication Facility - Stealth C N N N N C C C C Cellular – Non-Stealth N N N N N C C N N It is important to note that zoning districts in which cell sites can be conditionally permitted limits heights between 35’-50’ feet and the majority of major facilities have varying heights that typically exceed the current height limits established in the commercial and manufacturing zoning districts. Each project that exceeds the prescribed height limit will be required to concurrently apply for a modification of standards (minor variance) or variance depending on the amount of height that is requested unless the City provides exceptions for wireless masts. The City may want to consider establishing a maximum height exception for wireless masts in each zoning district and/or requiring justification for the proposed height. CEQA: The City has analyzed this proposed project and has determined that is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. The proposed ordinance in itself does not relate to any physical project and will not result in any physical change to the environment and does not affect the land use or density limitations of the General Plan. Therefore, it can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment, and therefore, the adoption of this ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. Findings: In order to approve a zoning text amendment, the Beaumont Municipal Code Chapter 17.020.080 (I) requires that the City Council make the following findings to be made: 1. That the proposed zoning ordinance text amendment is consistent with the goals, policies, and objectives of the General Plan; Agenda Item No. 7. Page 155 of 271 2. That the proposed zoning ordinance text amendment will not adversely affect surrounding properties; and 3. That the proposed zoning ordinance text amendment promotes public health, safety, and general welfare and serves the goals and purposes of this zoning Ordinance. All of these findings can be made in a positive manner. 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 Fiscal Impact: Staff estimates that the research and preparation of staff reports regarding the proposed ordinance is approximately $1,000.00. Recommendation: 1. Hold a public hearing, and 2. Waive the first full reading and approve by title only, “An Ordinance of the City of Beaumont Approving an Amendment and Addition to the City of Beaumont Municipal Code Pertaining to the Regulation of Wireless Telecommunication Facilities: Amending Table 17.03-3 'Permitted Uses for Base Zone Districts' and Adding Chapter 17.18 “Wireless Telecommunications Facilities,” of the Beaumont Municipal Code." City Manager Review: Todd Parton City Manager Attachments: Attachment A - Draft Ordinance - 17.18 Wireless Attachment B - Wireless in Residential Other Cities Agenda Item No. 7. Page 156 of 271 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING TABLE 17.03-3 “PERMITTED USES FOR BASE ZONE DISTRICTS” AND ADDING CHAPTER 17.18 “WIRELESS TELECOMMUNICATIONS FACILITIES,” OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act (“CEQA”) pursuant to 15061(b)(3), CEQA review is not required because there is no possibility that this Ordinance may have a significant effect upon the environment and the proposed text amendments constitute a minor alteration in a land use limitation under CEQA Guidelines Section 15305, and such a land use limitation is a permissible exercise of the City's zoning powers. SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences, or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the Ordinance enforced. SECTION 3. Prosecution of Prior Ordinances. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City of Beaumont Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 4. The City Council hereby amends Title 17, Table 17.03-3, entitled “Permitted Uses for Base Zone Districts” to the Beaumont Municipal Code, to modify the portion of the table as it pertains communication facilities, as follows. Agenda Item No. 7. Page 157 of 271 2 SECTION 5. The City Council hereby amends Title 17, to add Chapter 17.18, entitled “Wireless Telecommunication Facilities” to the Beaumont Municipal Code, to read as specifically set forth in Exhibit “A”, which Exhibit is attached hereto and made a part hereof. SECTION 6. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoptio n in accordance with Government Code Section 36937. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont, California, approves an amendment to the City Code. INTRODUCED AND READ for the first time and ordered posted at a regular m eeting of the City Council of the City of Beaumont, California, held on the 5th day of November 2019, by the following roll call vote: AYES: NOES ABSENT ABSTAIN PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 5th day of November 2019. AYES: NOES: ABSENT: ABSTAIN: _______________________ Table 17.03-3 Permitted Land Uses For Base Zone Districts RC PF RR RSF RMF CG CC M CM Cellular Communication Facilities C N N N N C C C C Cellular -Wireless Telecommunication Facility – Stealth C N N N N C C C C Cellular – Non-Stealth N N N N N C C C C Agenda Item No. 7. Page 158 of 271 3 Julio Martinez, Mayor Attest: ______________________ City Clerk Approved as to form: _________________________ John O. Pinkney, City Attorney Agenda Item No. 7. Page 159 of 271 4 Exhibit A WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE Section 17.18.110. Purpose and authority Section 17.18.120. Definitions Section 17.18.130. Applicability Section 17.18.140. Exempt facilities Section 17.18.150. Nonconforming facilities Section 17.18.160. Distances Section 17.18.170. Processing procedures Section 17.18.180. Application requirements Section 17.18.190. General development standards and guidelines for wireless facilities Section 17.18.200. Additional development standards for wireless facilities Section 17.18.210. Public property facilities Section 17.18.220. Review, modification, and revocation of permits Section 17.18.230. Removal of facilities Section 17.18.240. Severability 17.18.110 Purpose and intent. A. Purpose. The purpose of this chapter is to regulate the location and design of wireless telecommunication facilities. B. Intent. The intent of this chapter is to facilitate the orderly devel opment and deployment of wireless telecommunication facilities in a manner that promotes the public health, safety, and welfare of the city's residents and is consistent with the goals and policies of the City of Beaumont's General Plan. It is furthermore intended that, the protection of property values and the enhancement of the city's aesthetic appearance be achieved by maintaining the architectural and structural integrity of wireless telecommunication facilities and the protection of views from obtrusive and unsightly accessory structures. It is further the intent of this chapter to create reasonable regulations in conformance with the provisions of the Telecommunications Act of 1996 and other applicable federal law while ensuring access to telecommunication services and promoting fair competition among telecommunication service providers. Additionally, the intent includes establishing regulations that do not preclude antennas from receiving a signal of acceptable quality or unreasonably delay, prevent, or increase the cost of installation, maintenance, or use of such antennas. C. The city has found and determined that the regulations established in this chapter are necessary to attain the purpose and intent as stated. These regulations shall supersede any applicable provisions of the Beaumont Municipal Code pertaining to such wireless telecommunication facilities, including antennas, support structures, and accessory structures. 17.18.120 Definitions. Agenda Item No. 7. Page 160 of 271 5 For the purposes of this article, and where not other wise inconsistent with the context of a particular section, the following words, terms, phrases, abbreviations, and derivations shall have the meanings given herein. The word "shall" is always mandatory and not merely directory. If a definition is not listed in this section, Section 17.14.030 of the Beaumont Municipal Code shall be referenced. Antenna means a device or system of wires, poles, rods, dishes, disc or similar devices used for the transmission and/or receipt of electromagnetic waves. Antenna structure means an antenna, any structure desig ned specifically to support an antenna, and/or any appurtenances mounted on such structure or antenna. Camouflaged facility means any wireless telecommunication facility which is designed to blend into the sur rounding land, typically one that is architect urally integrated into a building or other concealing structure, also known as a disguised or stealth facility. Cell means the coverage area through which wireless receiving and transmitting equipment from a particular cell site successfully propagates. CEQA means the California Environmental Quality Act, Section 21000 et seq. of the Public Resources Code of the State of California. City refers the City of Beaumont, California. Colocated or colocation means the location of multiple antennas which are ei ther owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall, or building. Commercial mobile service means any mobile service that (1) is off ered in return for monetary compensation, (2) is available to the public or a substantial portion of the public, and (3) provides subscribers with the ability to access or receive communication from the public switched telephone network. Commercial mobile service includes, but is not limited to, pagin g service, wireless data transmission, cellular telephone service, specialized mobile radio service (SMR), and personal communications services (PCS). Fixed wireless service means any service providing radio c ommunication to or from antenna structures at fixed and specified locations which are not designed to be moved during operation and which offers the ability to access or receive communication from the public switched telephone network. Ground mounted means a wireless telecommunication facility that i s mounted to a monopole or other freestanding structure that is specifically constructed for the purpose of supporting an antenna. Lattice tower means a tower-like structure used to support antennas and comprised of up to two or more steel support legs. Agenda Item No. 7. Page 161 of 271 6 Microwave communication means the transmission or reception of radio communication at frequencies of a microwave signal (generally, in the 2GHz to 300GHz frequency spectrum). Mobile service means any temporary service providing radio communication to or f rom at least one antenna that is designed to be moved during operation or used during halts at unspecified locations; or as otherwise defined in 47 USCS Section 153 and interpreted by the Code of Federal Regula tions and the Federal Register. Monopole means a structure composed of a single spire, pole, or tower used to support antennas or related equipment. Mounted means any manner of attachment, support, or connection, whether on the ground or on a structure. Multipoint distribution service means a microwave communications service that delivers video programming directly to subscribers, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or as otherwise defined by Se ction 207 of the Telecommunications Act of 1996, Section 1.4000 of Title 47 of the Code of Federal Regulations and any interpretive decisions thereof issued by the Federal Communications Commission. Radio communication means the transmission and/or recept ion of impulses, writing, signs, signal, pictures, and sounds of all kinds through space by means of electromagnetic waves. Roof mounted means a facility that is mounted on any structure that is not specifically constructed for the purpose of supporting a ntennas, does not meet the definition of a ground, wall, or utility mounted facility, and is typically mounted on the roof of a building. Satellite antenna means a device used to transmit and/or receive radio or electromagnetic waves between terrestrially and orbitally-based uses. This definition is meant to include, but not limited to, what are commonly referred to as satellite earth stations, TVROs (Satellite Television Receiving Antenna), and satellite micro wave antennas. Structure is as defined in section 17.14.030. Surplus space or surplus capacity means that portion of usable space on a utility pole or other telecommunication facility which has the necessary clearance from other users, as required by the orders and regulations of the California Publ ic Utilities Commission to allow its use by a telecommunication carrier. Telecommunication means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. Agenda Item No. 7. Page 162 of 271 7 Utility mounted means a facility that is mounted to an existing above -ground structure that is specifically designed and originally installed to support electrical power lines, cable television lines, street lighting, traffic sign al equipment, park lighting or a structure on public or private property deemed by the city to be similar in nature. Wall mounted means a facility that is mounted on any vertical surface or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna: the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign such that the highest point of the antenna is at an elevation equal to or lower than the highest point of the surface on which it is mounted. Wireless telecommunication carrier, wireless carrier, or carrier means 1) any owner, by way of fee ownership, lease, or management agreement of any wireless telecommunication system or wireless telecommunication facilities, or 2) the direct or indirect provider of wireless telecommunication services whether the wireless telecommunication service is of fered by the owner of the wireless telecommuni cation system, an affiliate, or related entity, by way of ownership, lease, control, or operation of a wireless telecommunication system. A person shall be deemed a wireless telecommunication carrier, even if i t does not directly provide wireless telecommunication services, if it rents or leases a wireless telecommunication system and/or wireless telecommunication facilities to another person which provides wireless telecommunication services. Wireless telecommunication accessory equipment, wireless access ory equipment, accessory equipment, or equipment means any equipment installed, mounted, operated, or maintained in close proximity to an antenna structure or to receive, transmit, or store signals or informati on received by or sent from an antenna. For th e purposes of this chapter, facilities are categorized by the manner in which antennas are mounted and not by the placement of accessory equipment. It is presumed that all facilities shall include accessory equ ipment, which shall not affect how the facilit y is mounted. Wireless telecommunication facility, wireless facility, or facility means an antenna structure and any accessory structure or accessory equipment that is used in connection with the provision of wireless telecommunication service. Wireless telecommunication service, wireless service, or service means any type of service providing radio communications that satisfies the definition of commercial mobile service, fixed wireless service, wireless vide o service, wireless cellular service, or wireless voice service. Wireless video service means any service providing radio communication which delivers video programming. 17.18.130 Applicability. Subject to the exemptions established in section 17.18.140 and 17.18.210, wireless telecommunication facilities shall comply with the provisions of this chapter as follows : Agenda Item No. 7. Page 163 of 271 8 A. All wireless telecommunication facilities which are erected, located, or modified within the city on or following the effective date of this section shall comply with the provisions of this chapter. B. All wireless telecommunication facilities for which a conditional use permit application was determined by the city to be complete prior to the effective date of this section but did not receive approval of the conditional use permit prior to the effective date of this ordinance shall comply with the provisions of this chapter. C. All wireless telecommunication facilities for which a conditional use permit, building permits and any extension thereof have expired shall comply with the provisions of this chapter. 17.18.140. Exempt facilities. A. The following uses shall be exempt from the provisions of this chapter until such time as federal regulations are repealed or amended to eliminate the necessity of the exemption: 1. Any antenna structure that is one meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, as defined by Section 207 of the Telecommunications Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission. 2. Any antenna structure that is two meters (78.74 inches) or less in diameter located in a commercial or industrial zone and is designed to transmit or receive radio communication by satellite antenna. 3. Any antenna structure that is one meter (39.37 inches) or less in diameter or diagonal measurement and is designed to receive multipoint distribution service, provided that no part of the antenna structure extends more than 12 feet above the principal building on the same lot. B. The following uses shall be exempt from the provisions of th is chapter, so long as the antenna structure complies with all other zoning requirements: 1. Any antenna structure that is designed and used solely to receive UHF, VHF, AM, and FM broadcast signals from licensed radio and television stations. 2. Any antenna structure that is designed and used solely in connection with authorized operations of an amateur radio station licensed by the FCC (i.e., a "HAM" radio transmission). 17.18.150. Nonconforming facilities. A. All wireless telecommunication facilities for which a request for final approval or equivalent certificate was completed by the city prior to the effective date of this article shall be subject to Chapter 17.08 of the Beaumont Municipal Code Agenda Item No. 7. Page 164 of 271 9 regarding non-conformities and any additions and/or modifications to the facility or its use shall comply with the provisions of this chapter. B. All wireless telecommunication facilities for which a conditional use permit was approved by the city prior to the effective date of this chapter and a request for final approval or equivalent certificate has been completed by the city within 90 days of the effective date of this article shall be subject to Chapter 17.08 of the Beaumont Municipal Code regarding non-conformities and any additions and/or modifications to the facility or its use shall be subject to the provisions of this chapter. C. All wireless telecommunication facilities constructed or erected prior to the effective date of this chapter that are in violation of applicable laws, ordinances, or other regulations shall be considered an illegal nonconforming facility and shall be subject to abatement as a nonconforming use pursuant to Chapter 17.18 of the Beaumont Municipal Code. 17.18.160. Distances A. For the purposes of this chapter, all distances shall be measured in a straight line without regard to intervening structures, f rom the nearest point of the proposed wireless telecommunication facility to the relevant property line at a point five feet above the ground. 17.18.170. Processing procedures. A. All stealth and non-stealth facilities shall be permitted in the applicable zone subject to the following table: Zone Stealth Facility Non-Stealth Facility RC, CG, CC, M, CM, 6th St, BAO & UVO CUP Not permitted PF, RR, RSF & RMF Not permitted Not permitted B. All conditional use permits required for stealth facilities shall be subject to the city's design review committee. No application for a wireless telecommunication facility shall be considered by the planning commission prior to receiving the development review committee's recommendation. 17.18.180. Application requirements. A. Each applicant applying for a conditional use permit to construct, locate, mount, operate, and maintain a telecommunication facility shall submit a completed conditional use permit application per the requirements of section 17.02.100 of the Beaumont Municipal Code. B. In addition to the requirements of section 17.02.100 for submittal of a conditional use permit application, each submittal to construct, locate, mount, operate, and maintain a wireless telecommunication facility shall provide, as part of the application submittal, supplemental information as required in this section and Agenda Item No. 7. Page 165 of 271 10 determined by the community development director to be necessary to provide sufficient information to meet the intent of this chapter. C. Each application shall contain an accurately dimensioned site plan that shows 1. The location of the entire facility, including antenna structure, accessory structures and support equipment; 2. The location of all guy-wires; 3. The location of all above and below ground wiring and connection cables; 4. The location of existing and proposed easements on the property affecting any part of the facility; 5. The location, size and type of existing and proposed landscaping; and 6. The distance between the antenna structure and any existing or proposed accessory structures and supporting equipment. D. Each application shall provide accurately dimensioned elevations that show 1. Each side of the entire facility, including antenna structure, accessory structures and support equipment, with dimensions identified; 2. The height of any existing and proposed structure(s) and support equipment; and 3. The height of any panels, microwave dishes, or antennas. E. Each application shall contain a letter of justification accompanied by written documentation that explains the applicant's efforts to locate the facility in accordance with the screening and site selection criteria contained in sections 17.18.190 and 17.18.200. F. Each application shall contain a narrative, photographs, and a map that discloses the exact location and illustrates the type and construction of any and all existing facilities that are owned, operated or used by the applicant within the city, or within one mile of its borders, as well as any proposed or planned sites within said boundary that may reasonably be known to the applicant at the time the application is made. G. Each application shall contain a narrative and appropriate map that disclose the purpose of the facility and the service to be provided, the geographic area(s) within the city that will be serviced by the proposed facility, and the geographic area(s) bordering the city, if any, that will be serviced by the proposed facility. Agenda Item No. 7. Page 166 of 271 11 H. Each application shall contain a radio-frequency (RF) report prepared by a qualified RF engineer to demonstrate that the proposed facility, as well as any colocated facilities, complies with current Federal RF emission standards. This RF report shall also include signal strength exhibits, including calculations and measurements under maximum loading conditions. I. Each application shall contain computerized visual assessments or other exhibits equivalent in form and manner acceptable to the planning director showin g the before and after visual appearances of the proposed facility. J. Each application shall contain a description of the required maintenance visits to the site and security proposed to protect the site from vandalism and trespass. K. Each application shall contain a preliminary environmental review in accordance with the city submittal requirements, with special emphasis placed on the nature and extent of visual and public health and safety impacts to the extent permitted by federal law. L. Each application shall contain evidence of any required licenses and ap provals to provide wireless telecommunication service. M. Applicants are separately required to obtain all applicable federal, state and local permits, including building and construction permits that m ay be required prior to erecting or installing the facility, including, but not limited to, a certificate of public convenience and necessity for a facility in the public right of way. N. Each application shall provide any other necessary information as may be required by the planning director. O. The community development director shall determine applicable entitlement processing fees and deposits for the application, as established by city council resolution, including any applicable contract staff fees and /or deposits for the purpose of review of the application. P. Any application that is improperly submitted or fails to contain all of the information as required by the Beaumont Municipal Code, including this chapter, shall be deemed incomplete. 17.18.190. General development standards and guidelines for wireless facilities. A. Development standards for stealth facilities. All wireless telecommunication facilities shall comply with each of the following requirements: 1. A facility shall not bear any signs or advertising devices other than certification, public safety, warning, or other required seals or required signage. Agenda Item No. 7. Page 167 of 271 12 2. Any and all accessory equipment associated with the operation of the facility, including but not limited to transmission cables, shall be located within a building, an enclosure, or underground vault in a manner that complies with the development standards of the zone in which such accessory equipment is located. In addition, if equipment is located above ground, it shall be visually compatible with the surrounding buildings and natural features and either shrouded by sufficient landscaping or natural features to screen the equipment from view or designed to match the architecture of adjacent buildings. If accessory equipment will be visible from a residential area or an arterial street, the applicant shall provide a solid masonry block wall that will screen the equipment or other material that is determined acceptable through the approval process. 3. The facility's exterior finish shall be comprised of non-reflective material(s) and painted, screened, or camouflaged to blend with the materials and colors of surrounding buildings or structures. 4. All screening used in connection with a wall mounted and/or roof mounted facility shall be compatible with the architecture, color, texture, and materials of the building or structure to which it is attached. 5. All antennas shall be designed to prevent unauthorized climbing . 6. Facilities shall not be illuminated unless specifically required by the Federal Aviation Administration or other governmental agencies. 7. The applicant and the property owner if different from the applicant shall consent to future colocation of other facilities on or with the applicant's facility, unless technological or structural requirements preclude that colocation. 8. For the purpose of determining setback requirements, a wireless telecommunication facility shall be considered a principal structure and shall comply with the setback requirements of the zone in which it is located. Except that if a wireless telecommunication facility is located within 200 feet of a residential zone, then it shall comply with the setback requirements for such residential zone. B. Development guidelines for wireless facilities. In review of all wireless telecommunication facilities, the city shall, in addition to the above requirements, consider the following guidelines in conjunction with the processing of a conditional use permit: 1. The proposed facility should blend into the surrounding environment or be architecturally integrated into a concealing structure. 2. The proposed facility should be screened or camouflaged by existing or proposed new topography, vegetation, buildings, or other structures. Any Agenda Item No. 7. Page 168 of 271 13 such improvements shall be appropriate for and com patible with the site and surrounding area. 3. The total size of proposed facility should be compatible with the surrounding and supporting structures. 4. If feasible, the location of the proposed facility should conform to the following in order of preference: a. Colocated with an existing facility or located at a pre-approved location. b. Attached to an existing structure such as an existing building, communication tower, church steeple or utility. c. Located in an industrial zone. d. Located in a commercial zone. 5. The proximity of the proposed facility to residential structures and to boundaries of residential zones. 6. The availability of suitable alternative locations for the facility. 7. The nature of existing uses on adjacent and nearby properties. 8. Proposed ingress and egress to the facility. 17.18.200. Additional development standards for stealth facilities. A. Additional development standards for stealth facilities. In addition to the requirements of section 17.18.190, the following requirements shall apply to wireless facilities: 1. All wireless facilities. a. No portion or extension of a wireless facility shall protrude beyond property lines or extend into any portion of property where such facility is not itself permitted; provided, however, that the city may approve the location of guy wires in a required setback if such approval is consistent with the guidelines and requirements set forth in this chapter. b. Construction of new lattice towers and the extension or expansion of an existing lattice tower shall not be permitted. c. If a proposed wireless facility cannot be colocated, it must be sited at least 1,500 feet from any existing wireless facility unless the Agenda Item No. 7. Page 169 of 271 14 approving authority finds that a shorter distance is required for technological reasons, or that it would result in less visual obtrusiveness in the surrounding area. If the approving authority finds that colocation is not a feasible option and that a new facility may be located less than 1,500 feet from an existing wireless facility, the new facility should be located at least 500 feet from the existing facility. d. A wireless facility should not be located within 200 feet of any property containing a residential use. 2. Ground mounted facilities. a. A ground mounted facility shall not be located in a required parking area, vehicle maneuvering area, vehicle/pedestrian circulation area or area of landscaping such that it interferes with, or in any way impairs, the utility or intended function of such area. b. A ground mounted facility should be located in close proximity to existing above ground utilities, such as electrical tower or utility poles (not scheduled for removal or under-grounding in the next 18 months), light poles, trees of comparable height, water tanks and other areas where the facility will not detract from the image or appearance of the city. c. No part of a ground mounted facility should be located in any required setback. d. A ground mounted facility shall not be permitted unless the approving authority finds that based upon evidence submitted by the applicant, no existing building or support structure can reasonably accommodate the proposed the facility. Evidence supporting this finding may consist of any of the following: 1) No existing buildings or support structures are located within the geographic area proposed to be served by the applicant's facility. 2) Existing buildings or support structures are not of sufficient height or structural strength to satisfy the applicant's operational or engineering requirements. 3) The costs, fees, or contractual provisions required by a property owner, or by an incumbent wireless telecommunication service provider, in order to colocate a new antenna array on an existing building or structure, or to adapt an existing building or structure for the location of the new antenna array, are unreasonable. Agenda Item No. 7. Page 170 of 271 15 4) There are other limiting factors that render existing buildings and structures unsuitable for use by the applicant. e. A ground mounted facility shall be secured from access by the general public with a fence or other form of screening approved by the approving authority. f. A ground mounted facility shall be covered with a clear anti-graffiti material of a type approved by the community development director. The community development director may grant an exception to this requirement if the applicant demonstrates to the satisfaction of the community development director that the design of the facility is adequate to prevent graffiti. g. No ground mounted facility shall exceed the maximum building height for the applicable zone in which it is located unless both of the following findings are made by the approving authority: 1) The applicant has satisfactorily demonstrated that exc eeding the height limitation is necessary for operation of the facility; and 2) The facility is colocated, or contains adequate space suitable for future colocation, and the height in excess of zonin g requirements is necessary to the proposed shared use. 3. Roof mounted facilities. a. A roof mounted facility may only exceed the height of the building on which it is mounted by a maximum of 15 feet, but only if one of the following findings is made by the approving authority: 1) The applicant has satisfactorily demonstrated that the proposed height is the minimum necessary for proper operation of the facility. 2) The facility is colocated, or contains adequate space suitable for future colocation, and the height in excess of the existing building is necessary for the proposed shared use. b. A roof mounted facility that extends above the existing height of the building on which it is mounted shall be screened by a material and in a manner that is compatible with the existing design and architecture of the building. Agenda Item No. 7. Page 171 of 271 16 c. A roof mounted facility, requiring the placement of any guy wires, supporting structures, or accessory equipment shall be located and designed so as to minimize the visual impact as viewed from surrounding properties and public streets, including any pertinent public views from higher elevations. 4. Utility mounted facilities not within the public right-of-way. a. A utility mounted facility shall not exceed the maximum building height for the applicable zone in which it is located unless the approving authority determines the applicant has satisfactorily demonstrated that exceeding the height limitation is necessary for proper operation of the facility. b. A utility mounted facility shall not exceed th e height of the existing utility pole or structure by more than four feet unless the approving authority determines the applicant has satisfactorily demonstrated that exceeding the four-foot limitation is necessary for proper operation of the facility. c. A utility mounted facility shall not protrude or extend horizontally more than 18 inches from the existing utility pole or structure unless the approving authority determines the applicant has satisfactorily demonstrated that exceeding the 18-inch limitation is necessary for proper operation of the facility or required by the owner of the existing utility pole or structure. 17.18.210. Public property facilities . A. Private telecommunication facilities located on city-owned or operated property, other than public rights of way. 1. Privately owned or operated telecommunication facilities may be located on property owned or operated by the city, subject to the city council's approval of a negotiated lease agreement between the telecommunication service provider and the city or its representative. Telecommunications facilities to be located on city-owned or operated property shall not be required to obtain a conditional use permit under the provisions of sections 17.18.100 et seq. The lease agreement shall set forth requirements for a wireless facility which are substantially consistent with the development standards and conditions of sections 17.18.100 et seq and Chapter 5.36. The lease agreement shall also contain operating covenants substantially consistent with the objectives of sections 70.18.100 et seq and Chapter 5.36. in order to protect the public health, safety and welfare. 2. Notwithstanding subsection (1) above, the lease agreement approving the location of privately owned or operated telecommunications facilities on city-owned or operated property shall be subject to all applicable Agenda Item No. 7. Page 172 of 271 17 environmental regulations including but not limited to the California Environmental Quality Act and the Western Riverside County Multiple Species Habitat Conservation Plan. B. Public telecommunication facilities. 1. The location, installation, and operation of any telecommunication facilities or other communication facilities owned or operated by the city on property owned or operated by the city, or within its right -of-way shall not be subject to the provisions of this article. 2. The location, installation, and operation of any telecommunication facilities or other communication facilities owned or operated by any other governmental entity other than the city on property owned or operated by the City, or within its right-of-way, shall be subject to the provisions of subsection (a) above, unless the city council, by four-fifths vote of its membership and a finding of public necessity, exempts the facility from such requirements. 17.18.220. Review, modification, and revocation of permits. A. Any permit granted or approved pursuant to this chapter shall be gran ted or approved by the city with the reservation of the right and jurisdiction to review and modify the permit (including the conditio ns of approval) based on changed circumstances. Changed circumstances include, but not limited to, the following in relation to the approved facility as described and diagramed in the approved application materials: increased height or size of the facility; additional impairment of the views from surrounding properties; change in the type of antenna or supporting structure; changed color or materials; substantial change in location on the site; and an effective increase in signal output above or near the maximum permissible exposure limits imposed by the revised radio frequency emissions guidelines by the federal communications commission. B. The reservation of right to review any permit approved hereunder by the city is in addition to, and not in lieu of, the right of the city to review, suspend, revoke, or modify any permit approved hereunder for any violations of the conditio ns imposed on such permit. C. Upon review, any changed circumstance as determined by the community development director shall require the application and approval of a modification to the original administrative plot plan or conditional use permit, provided that any modification to accommodate colocated facilities may be approved administratively. D. Any review, suspension, revocation, or modification of a permit shall be in accordance with the procedures set forth in section 17.02.070 for an administrative plot plan and section 17.02.100 for a conditional use permit. 17.18.230. Removal of facilities. Agenda Item No. 7. Page 173 of 271 18 A. The operator of a lawfully erected facility, and the owner of the premises upon which it is located, shall promptly notify the community development director in writing in the event that use of the facility is discontinued for any reason. In the event that discontinued use is permanent, then the owner(s) and/or operator(s) shall promptly remove the facility, repair any damage to the premises caused by such removal, and restore the premise as appropriate such as to be in conformance with applicable zoning codes. All such removal, repa ir and restoration shall be completed within 90 days after the use is discontinued and shall be performed in accordance with all appli cable health and safety requirements. For the purposes of this paragraph, a discontinued use shall be permanent unless the facility is likely to be operative and used within the immediately following three-month period. B. A facility that is inoperative or unused for a period of six continuation months shall be deemed abandoned. Written notice of the city's determination of abandonment shall be provided to the operator of the facility and the owner(s) of the premises upon [which] the facility is located. Such notice may be delivered in person or mailed to the address(es) stated on the facility permit application, shall be deemed given at the time delivered or placed in the mail. A written notice of the city's determination of abandonment shall be mailed or de livered to the operator of the facility at the address stated in the relevant permit application. C. The operator of the facility and the owner(s) of the property on which it is located, shall within 30 days after notice of abandonment is given either (1) remove the facility and restore the premises, or (2) provide the planning department with written objection to the city's determination of abandonment and request for hearing before the planning commission. If a written objection is timely received and a hearing is properly requested, the hearing shall be set and notice given as prescribed in section 17.02.050. The operator and/or owner shall be given the opportunity to provide evidence that the facility was in use during the relevant six- month period and that it is presently operational. The operator and/or owner shall be given the opportunity to cross-examine any witness providing evidence to the contrary. The planning commission shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination. D. The city may remove the abandoned facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as is appropriate to be in compliance with applicable Code at any time: 1) after 30 days following the notice of abandonment, or 2) following a notice of decision by the planning director, if applicable, subject to the owner/operators right of appeal under this Code. The city may, but shall not be required to, store the removed facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility shall be jointly liable for the entire cost of such removal, rep air, restoration and storage, and shall remit payment to the city promptly after demand therefore is made. The city may, in lieu of storing the removed facility, convert it to the city's use, sell it, or dispose of it in any manner deemed by the city to be appropriate. Agenda Item No. 7. Page 174 of 271 19 E. The operator of the facility, and the owners of the premises upon which it is located shall be in violation of this chapter for failure to timely comply with any requirements hereunder. Each such person shall be subject to penalties for each such violation, pursuant to this Code. F. Until the cost of removal, repair, restoration and storage is paid in full, a lien shall be placed on the personal property and any real property on which the abandoned facility was located, for the full amount of the cost of removal, repair, restoration and storage. The planning director shall cause the lien to be recorded in the Riverside County Recorder's Office. 17.18.240. Severability. A. If any provisions or clause of this Chapter or application thereof to a ny person or circumstance is held unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other Chapter provisio ns, clauses or applications thereof which can be implemented without the invalid provision, clause or application thereof, and to this end the provisions and clauses of this Chapter are declared to be severable. Agenda Item No. 7. Page 175 of 271 Page 176 of 271 Wireless in Residential - Surrounding Jurisdictions (6.19.19) Jurisdiction Zone Lot Size Entitlement Code Section Notes Banning R/A (Ranch Agriculture) 10 acres Conditional Use Permit Table 17.08.020 All other SFR & MFR n/a Prohibited Table 17.08.020 Calimesa All residential n/a Prohibited Table 18.20.030 Perris All residential n/a Prohibited 18.85.040(1)(2) Unless attached to light standard subject to CUP Hemet Residential - Minor Facility n/a Administrative Use Permit 90-1617(a) Wall, utility or roof mounted Residential - Major Facility n/a Prohibited 90-1617(a) San Jacinto Residential Estate 2 acres Conditional Use Permit 17.430.360 Least preferred and not on lot with SFR Rural Residential .50 acre Conditional Use Permit 17.430.360 Least preferred and not on lot with SFR Residential Low Density 2.1-5 du/acre Conditional Use Permit 17.430.360 Least preferred and not on lot with SFR Menifee Residential varies Plot Plan 19.404.a Adopted County of Riverside Ordinance Murrieta Rural Residential 2.5 acres Conditional Use Permit Table 16.08-1 & 16.44.170B Estate Residential 1 1 acre Conditional Use Permit Table 16.08-1 & 16.44.170B Estate Residential 2 .50 acre Conditional Use Permit Table 16.08-1 & 16.44.170B Estate Residential 3 10,000 sq. ft. Conditional Use Permit Table 16.08-1 & 16.44.170B Single Family Residential 1 7,200 sq. ft. Conditional Use Permit Table 16.08-1 & 16.44.170B Single Family Residential 2 5,000 sq. ft. Conditional Use Permit Table 16.08-1 & 16.44.170B Moreno Valley Residential District n/a Conditional Use Permit 9.09.040.E.3 Accommodate minimum setback, undeveloped or unimproved. No SFR on lot. Highland Residential Land Use District - Minor Facility n/a Minor Design Review 16.45.040.D.6 Least preferred. Wall, roof, small cell, or alternative tower Residential Land Use District - Major Facility n/a Prohibited 16.45.040.D.6 Palm Desert Residential Districts n/a Prohibited Table 25.10-1 Agenda Item No. 7. Page 177 of 271 Redlands Any zone n/a Conditional Use Permit 18.178 Must be sited at least 100' from any existing residential structure Palm Springs Areas not zoned for manufacturing, commercial or professional n/a Building Permit 93.23.08 Roof top allowed, Towers not allowed per Richard in Planning Department Agenda Item No. 7. Page 178 of 271 Staff Report TO: Mayor and City Council Members FROM:Jeff Hart, Public Works Director DATE:November 5, 2019 SUBJECT:Public Hearing for First Reading of an Ordinance for a Pavement Moratorium on Newly Surfaced Streets Background and Analysis: The City of Beaumont is actively pursuing implementation of a City-wide pavement maintenance and management program. Based upon recent analysis, the City has an overall pavement condition index (PCI) of 71 and intends to maintain, and/or improve this rating over the next 5 years. The following are the four condition categories associated with the City’s PCI: Condition Category I - Good to Very Good/Excellent (PCI 70 - 100) Condition Category II/III - At-Risk to Fair (PCI 50 - 70) Condition Category IV - Poor (PCI 25 - 50) Condition Category V- Very Poor (PCI 0 - 25) In order to effectively implement a successful pavement management program, staff recommends implementation of a pavement cut moratorium. The purpose of a pavement cut moratorium is to protect the public’s investment in its infrastructure and ensure roadways do not deteriorate faster than expected as a result of private development. With an anticipated investment of nearly $1,900,000 in street rehabilitation this fiscal year, it is imperative that the City take the necessary steps to protect their investment to the maximum extent practicable. As part of the City’s pavement management program, staff is giving utility purveyors the opportunity to perform any needed maintenance work on their respective utility prior to construction. Once the road is rehabilitated, the roadway will be placed under a moratorium which will not allow utility purveyors or contractors to excavate the roadway for maintenance work. City of Beaumont staff will be expected to comply with the same criteria. Agenda Item No. 8. Page 179 of 271 Allowing utility trenching and street cuts to newly resurfaced streets increases the likelihood of premature pavement degradation, premature structural failures, jeopardizes a smooth riding surface for all modes of transportation, and creates negative visual impacts. The moratorium requires that no trenching or excavation shall be permitted in any street that has been newly constructed, or reconstructed, for a period of five (5) years after completion of, or from recordation of a notice of completion. For streets that have been recently slurry sealed, fog sealed, or other surface additive, the pavement surface shall not be cut or opened for a period of three (3) years from completion. The City Engineer/Public Works Director may grant exceptions to the moratorium for: Emergencies which endanger life, or public health and safety. Work that is mandated by City, State, or Federal legislation. Services to buildings or properties where no other reasonable means of providing service exists. When granted exceptions to this regulation, the Public Works Department shall impose conditions determined appropriate to ensure the rapid and complete restoration of the street and street paving (see attached ordinance). Any persons who are required to repave a street shall obtain an encroachment permit and will be responsible for the full cost of plan preparation, plan review, construction inspection, material testing, bonding, soils testing, and all other expenses related to the work. Under circumstances where permission is granted, excavations made in moratorium streets shall be permanently patched and all permitted work and material shall meet current City Standards and/or Greenbook Standard Specifications for Public Works Construction (see attached ordinance.) Fiscal Impact: The cost to prepare this staff report and moratorium is approximately $1000. There is no additional fiscal impact at this time. Recommendation: 1. Waive the full first reading and approve by title only, "An Ordinance of the City of Beaumont for a Moratorium on pavement Cuts on Recently Resurfaced Streets." City Manager Review: Todd Parton City Manager Agenda Item No. 8. Page 180 of 271 Attachments: Attachment A - Ordinance for Pavement Moratorium Agenda Item No. 8. Page 181 of 271 Page 182 of 271 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF BEAUMONT FOR A MORATORIUM ON PAVEMENT CUTS ON RECENTLY RESURFACED STREETS WHEREAS, the City of Beaumont seeks to minimize pavement degradation, maintain structural integrity of streets, maintain a smooth surface for all modes of transportation, and reduce negative visual impacts. By having a street cut moratorium, contractors or utilities companies with proposed projects that require excavation of roadways can more effectively plan and review conflicts that may be encountered. WHEREAS, under circumstances where permission to excavate is granted notwithstanding the moratorium, excavations shall be permanently patched, all permitted work and material shall meet current City Standards and Greenbook Standard Specifications for Public Works as further provided in this ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 12.31 is hereby added to the Beaumont Municipal Code to read as follows: 12.31.01. No trenching or excavation shall be permitted in any street that has been constructed, or reconstructed, the pavement surface shall not be cut or opened for a period of five (5) years after completion of, or from recordation of a notice of completion. On a slurry sealed street, the pavement surface shall not be cut or opened for a period of (3) years from completion. 12.31.02. The City Engineer/Public Works Director may grant exception to the moratorium for: A. Emergencies which endanger life, or public health and safety. B. Work that is mandated by city, state or federal legislation. C. Service to buildings or properties where no other reasonable means of providing service exists. 12.31.03. To request an exception, the applicant shall submit the following information to the Public Works Department: A. The location of excavation. B. Which exception from the moratorium stated above is being claimed. C. Description of the work to be performed. D. Justification from the applicant why the work was not performed before the roadway was resurfaced. E. Justification as to why the work cannot be completed via jack and bore or directional drill method(s). Agenda Item No. 8. Page 183 of 271 F. Justification from the applicant why the work cannot be deferred until after moratorium expires. G. Justification why the work cannot be performed in another location. 12.31.04. If the Public Works Department approves an exception to the moratorium, it shall impose conditions determined appropriate to ensure the rapid and complete restoration of the street and street paving, which include, but are not limited to: A. Street grinding, and subbase repairs. B. Fog seal and all striping replaced. C. Raising of manholes and monuments. D. The resurface area shall be a minimum of 12’ wide for each traffic lane affected by the excavation, or more, as determined by the Public Works Director at their sole discretion. E. The resurface area shall extend a minimum of 25’ long in both directions as measured from the edge of the excavation, or more, as determined by the Public Works Director at their sole discretion. F. Compaction of base material and subgrade to minimum 95% relative compaction. G. On arterial or collector streets, the entire area to be resurfaced shall be cold planed a minimum 0.20’ deep, or more, as determined by the Public Works Director at their sole discretion and repaved per City standards. H. On local streets, the entire area to be resurfaced shall be cold planed a minimum 0.15’ deep, or more, as determined by the Public Works Director at their sole discretion and repaved per City standards. I. Where new asphaltic concrete (AC) pavement will be placed, tack coat will be placed where they join with existing street pavement surfaces. J. For areas where rubberized asphalt exists the material used for replacement shall be in kind. 12.31.05. Any person who is required to repave a street under this ordinance shall be required to obtain an Encroachment Permit and comply with the other provisions of Beaumont Municipal Code Chapter 12.12 and shall be responsible for the full cost of plan preparation, plan review, construction inspection, material testing, bonding, soils testing and all other expenses related to the work. 12.31.06. Violations. A. Any condition caused or permitted to exist in violation of any provisions of this Chapter, the City Code, or State or City law is declared a public nuisance and may be abated by the City either pursuant to Chapter 8.32 of the Beaumont Municipal Code or any other available civil and/or criminal remedy, including but not limited to a restraining order, temporary and permanent injunctive relief, and other relief set forth in this Chapter, City Code and/or State Law. B. Any Person found to be in violation of or in non-compliance with any of the requirements of this Chapter or applicable provisions of the Beaumont Municipal Code shall be subject to any Agenda Item No. 8. Page 184 of 271 enforcement remedies available under the law and/or the Beaumont Municipal Code including, but not limited to, Chapter 1.17 and Chapter 8.32. C. Any Person violating any of the provisions of this Chapter or any provisions or part hereof, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of up to $1,000.00 per day per violation or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. No civil action shall prevent criminal prosecution for any violation of the provisions of this Chapter, City Code and/or State law. D. In lieu of issuing a misdemeanor citation, the City may reduce the penalty to an infraction or issue an administrative citation, and/or assess an administrative fine up to the maximum amount(s) permitted by law and the Code. E. Each violation of this Chapter shall constitute a separate violation and each violation may be charged as a separate count in the event of administrative or criminal enforcement action. SECTION 2. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 3. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences, or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced. SECTION 5. Violation of Prior Ordinances. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City of Beaumont Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 6. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937. INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 5th day of November, 2019, by the following roll call vote: Agenda Item No. 8. Page 185 of 271 AYES: White, Lara, Carroll, Santos, Martinez NOES: ABSENT: ABSTAIN: PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 22nd day of November 2019. AYES: White, Lara, Carroll, Santos, Martinez NOES: ABSENT: ABSTAIN: _______________________ Julio Martinez, Mayor Attest: ______________________ Steven Mehlman, City Clerk Approved as to form: _________________________ John O. Pinkney, City Attorney Agenda Item No. 8. Page 186 of 271 Staff Report TO: Mayor and City Council Members FROM:Nicole Wheelwright, Deputy City Clerk DATE:November 5, 2019 SUBJECT:Appointment to the Beaumont Planning Commission Background and Analysis: Planning Commissioner Jose Barr resigned effective September 27, 2019. Staff has published notices to solicit the open application period. One application was received to fill the partial term commission seat: Anthony Colindres Mateo Fiscal Impact: No fiscal impact. Recommendation: 1. Discussion and consideration of appointment to the Beaumont Planning Commission seat for a partial term ending December 2020. City Manager Review: Todd Parton City Manager Attachments: Attachment A - Online Submittal Application 2019 Partial Term - Colindres Mateo Agenda Item No. 9. Page 187 of 271 Page 188 of 271 From:noreply@civicplus.com To:Nicole Wheelwright Subject:Online Form Submittal: Planning Commission Appointment 2019 - Partial Term Date:Monday, October 28, 2019 4:53:51 PM Planning Commission Appointment 2019 - Partial Term Applications to fill the vacant seat of the Beaumont Planning Commission will be accepted through Monday, October 28, 2019 at 5:00 p.m. First Name Anthony Last Name Colindres Mateo Primary Phone Alternate Phone Field not completed. Home Address 1085 michigan ave Address 2 Field not completed. Email Occupation/Profession Owner Employer Name Cornerstone BBQ Are you 18 years of age or older? Yes Are you a resident in the City of Beaumont? Yes Questions Please answer the following questions which are intended to assist the City Council in assessing your qualifications and experience for the Planning Commission vacancy. Are you aware of any conflicts, financial or otherwise, which could affect your appointment as a Planning Commissioner? no Briefly state your qualifications, including any skills or background related to I have assisted in building/constructing a local church as well as constructed/remolded my current business. Current skills include leadership development, Cal Osha 30 certified, problem solving and root cause analysis, principals of lean, communication skills, Agenda Item No. 9. Page 189 of 271 City Planning, development and building/construction: coaching skills, and managing performance in every day tasks. What would your vision for Beaumont’s future? My vision for Beaumont is not only for our current residents but is one for our future residents. This vision includes continual progress, developing a thriving community, establishing economical growth, and a sustainable way of living. We want to empower our residents, through more jobs, so that the money that they earn is the money that they spend in our same community. We not only need to empower them with jobs but also the opportunity , through entertainment and recreational activities, to also spend their earned money on our same community. If they are spending their money in Beaumont they are not spending it in other communities which will in essence could create a deficit. We should create a entrepreneur heaven, helping those individuals with grants to start up small business in our community. Small business grant is an opportunity for the city to help a resident and itself by tax revenue that is generated. Small businesses have always been the back bone of America. To think small seems illogical but big corporations tend to pay less tax revenue than most small businesses. A small town feel with big city dreams, this statement speaks of helping our residents economically where the cost of living is grown side by side with the city. Homelessness is an epidemic in California and continues to grow because the city grows faster than its residents. We should never grow without thinking of the affect of our community and our residents. Structural development is growing in stages, ensuring that every step grown is a step sustained. We all want our city to be known for high sky scrapers, stadiums, and awesome theme parks, but at the cost of what? Our residents? If we do not carefully plan cost of living for our residents could substantially increase due to poor planning on our part not seeing the effects that can come with too much growth, too soon. If you were a Planning Commission member representing the Beaumont Citizens, how would you define “quality of life”? Quality of life is having the peace of mind in two ways, financially and safety. What involvement do you currently have in the community? I am a resident of Beaumont as well as have my business here. I assist with providing meals to the less fortunate in our community, I am currently working on a no profit program that will help create jobs for the homeless. Additional Information Agenda Item No. 9. Page 190 of 271 Resume Field not completed. Additional Information Field not completed. Email not displaying correctly? View it in your browser. Agenda Item No. 9. Page 191 of 271 Page 192 of 271 Staff Report TO: Mayor and City Council Members FROM:Nicole Wheelwright, Deputy City Clerk DATE:November 5, 2019 SUBJECT:Notice of Upcoming Vacancies Background and Analysis: In accordance with Government Code section 54970, also known as the "Maddy Act" the following notice of upcoming vacancies of City committees shall be posted for the fair and equal opportunity of citizens to be able to apply for the consideration of appointment. Per code, this list will be posted at the Beaumont Library for public view. As an added measure, not required by code, the City will also utilize social media outlets to advertise the vacancies with details on how to apply. Fiscal Impact: No fiscal impact. Recommendation: 1. Receive and file. City Manager Review: Todd Parton City Manager Attachments: Attachment A - Maddy Act List 2019 Attachment B - Notice of Vacancies for City of Beaumont Boards and Commissions 2019 Agenda Item No. 10. Page 193 of 271 Page 194 of 271 Appointee Title Date of Appointment Date of Re- Appointment Current Term Expires Paul St. Martin Commissioner January 6, 2015 January 15, 2019 December 2022 Nathan Smith Commissioner December 21, 2010 January 15, 2019 December 2022 Patrick Stephens Commissioner January 15, 2019 December 2020 Vacant Commissioner -December 2020 Bob Tinker Commissioner July 18, 2017 December 2020 Appointee Title Date of Appointment Date of Re- Appointment Current Term Expires Jeffrey Mohlenkamp CM or Highest Ranking Financial Staff Member n/a n/a Julio Martinez City Council Member January 2019 January 2020 Nancy Carroll City Council Member January 2019 January 2020 Baron Ginnetti City Treasurer January 15, 2019 n/a Steve Cooley Resident Member June 2017 January 2019 January 2021 Billiath Bengesa Resident Member January 2019 January 2021 Richard Bennecke Resident Member November 2016 January 2019 January 2021 Thomas LeMasters Resident Member January 2020 Ana Olvera Resident/Business Owner Member January 2018 January 2020 Andrew Forster Alternate Member Vacant Alternate Member Appointee Title Date of Appointment Date of Re- Appointment Current Term Expires Mike Lara City Council Member January 2019 January 2020 Rey Santos City Council Member January 2019 January 2020 Mike Sattley BUSD/Secondary Education Representative January 2019 January 2021 Von Lawson Post Secondary Education Representative September 2019 January 2020 Qualifications: Local developer/economic representative, business community members, BUSD education representative, non- business community member or a industry expert Meets: Second Tuesday of each month Meets: First Monday of each month Meets: Second Wednesday of each month excluding August Term expiration dates were established at Council Meeting August 1, 2017 - 2 year terms City of Beaumont Planning Commission City of Beaumont Finance and Audit Committee Municipal Code Section 2.24.040 - Term shall be four (4) years Municipal Code Section 2.35.050 - Term shall be two (2) years (adopted September 2015). Term expiration dates were established at Council Meeting of Aug 1, 2017 City of Beaumont Economic Development Committee Qualifications: Beaumont resident, 18 years of age and a registered voter Qualifications: Beaumont resident or Beaumont business owner and 18 years of age Agenda Item No. 10. Page 195 of 271 Beaumont Chamber Beaumont Chamber Representative November 9, 2016 January 2020 Kimberly Starrs Beaumont Business Community Member January 2018 January 2019 January 2021 Monir Ahmed Beaumont Business Community Member January 2019 January 2021 Allen Koblin Beaumont Business Community Member January 2019 January 2021 Bernie Balland Community Member/Non Business Member April 2016 January 2019 January 2021 Karen Wheat Community Member/Non Business Member January 2019 January 2021 Rob Moran Local Developer/Economic Development Representative January 2021 Vacant Beaumont High School Student January 2021 Appointee Title Date of Appointment Date of Re- Appointment Current Term Expires Ron Radar Appeals Officer January 2019 December 2020 Mayra Garcia Appeals Officer January 2019 December 2020 Joann Roberts Appeals Officer January 2019 December 2020 Carl Vince Appeals Officer January 2019 December 2020 Evelyn Bengesa Appeals Officer January 2019 December 2020 Daniel Adams Appeals Officer January 2019 December 2020 Andrew Lang-Reyes Appeals Officer January 2019 December 2020 Term expiration dates were established by Ordinance 988 (2 years) Qualifications: 18 years of age, Beaumont resident or owners or employees of a Beaumont business Meets: on an as-needed basis Board of Administrative Appeals Agenda Item No. 10. Page 196 of 271 Notice of Vacancies for City of Beaumont Boards and Commissions Beaumont, CA—Notice is hereby given that the Beaumont City Council is seeking to fill numerous vacancies on the Economic Development Committee and Finance & Audit Committee. Economic Development Committee: Seeking applications to fill eight (2) vacancies for a term of two (2) years consisting of the following positions: · Post Secondary Education Representative - 1 seat available · BUSD High School Student – 1 seat available The Committee meets regularly on the 2nd Wednesday of each month at 4:00 p.m. to discuss growth and balance of the economic development. Finance & Audit Committee: Seeking applications to fill four (3) vacancies for a term of two (2) years consisting of the following positions: · Resident/Business Owner Member – 1 seat available · Resident Member – 1 seat available · Alternate Member – 2 seats available The Committee meets regularly on the 1st Monday of each month at 6:00 p.m. to review financial reports and be the oversight of finance related items as directed by Council. Applications are available online at www.BeaumontCa.gov under News & Announcements. The Beaumont City Council will conduct its first review of applicants at the regularly scheduled meeting of Tuesday, January 21, 2019 at 6:00 p.m. Completed applications received by 5:00 p.m. on Monday, January 6, 2020 will be considered. Questions regarding the application process may be directed to the Deputy City Clerk at (951)572-3196 Agenda Item No. 10. Page 197 of 271 Page 198 of 271 Staff Report TO: Mayor and City Council Members FROM:Elizabeth Gibbs, Community Services Director DATE:November 5, 2019 SUBJECT:Approval of Contracts for Weed Abatement Services Background and Analysis: The City of Beaumont utilizes independent contractors to perform weed abatement services throughout the City, both privately owned and those owned by the City. Weed abatement on private property is conducted pursuant to Beaumont Municipal Code Section 8.08. The weed abatement program is a function of Code Enforcement, a division of the Community Development Department. Community Services staff works closely with Community Enhancement officers to monitor City-owned parcels and ensure that weed abatement services are performed in accordance with the Beaumont Municipal Code. The City owns more than 115 acres of open space needing weed abatement services on a year- round basis. Multiple vendors are used to perform weed abatement services. Charges incurred for privately owned lots are recovered from the property owners through invoices, liens, and/or assessments to the property tax roll. Charges incurred for City-owned lots are paid for through the General Fund. Weed abatement contracts for Fiscal Year 2019-2020 were approved by the City Manager in accordance with the procurement requirements outlined in the Beaumont Municipal Code. With the amount of rain last winter, weed abatement charges have exceeded the City Manager's maximum contract limit of $25,000 and now require City Council approval. As in the past, approval of these contracts will allow the City to place the contractors on a list to be utilized for weed abatement services on behalf of the City of Beaumont. These contractors are required to have a current business license in addition to being properly bonded and insured (Attachment A). The following contractors have met those requirements and recommended for consideration: A and B Landscape: Alex Bohanek Agenda Item No. 11. Page 199 of 271 Howards West S.W.P.P.P Weed Abatement Fiscal Impact: Charges for privately owned lots are recovered from the property owners through invoices, liens and/or assessment to the property tax roll. Charges for services rendered to public land and facilities will be charged to various allocated line items in the adopted FY2019-20 budget. Recommendation: 1. Approve contracts for weed abatement services in the amount of $45,000-$175,000 from the list of approved contractors as provided in the staff report. City Manager Review: Todd Parton City Manager Attachments: Attachment A Agenda Item No. 11. Page 200 of 271 Agenda Item No. 11. Page 201 of 271 Agenda Item No. 11. Page 202 of 271 Agenda Item No. 11. Page 203 of 271 Agenda Item No. 11. Page 204 of 271 Agenda Item No. 11. Page 205 of 271 Agenda Item No. 11. Page 206 of 271 Agenda Item No. 11. Page 207 of 271 Agenda Item No. 11. Page 208 of 271 Agenda Item No. 11. Page 209 of 271 Agenda Item No. 11. Page 210 of 271 Agenda Item No. 11. Page 211 of 271 Agenda Item No. 11. Page 212 of 271 Agenda Item No. 11. Page 213 of 271 Agenda Item No. 11. Page 214 of 271 Agenda Item No. 11. Page 215 of 271 Agenda Item No. 11. Page 216 of 271 Agenda Item No. 11. Page 217 of 271 Agenda Item No. 11. Page 218 of 271 Agenda Item No. 11. Page 219 of 271 Agenda Item No. 11. Page 220 of 271 Agenda Item No. 11. Page 221 of 271 Agenda Item No. 11. Page 222 of 271 Agenda Item No. 11. Page 223 of 271 Agenda Item No. 11. Page 224 of 271 Agenda Item No. 11. Page 225 of 271 NJ! Hol:RV /?‘ au.mrmsunmcs “"““'”'” new «-,a--r.-~—.-—-:,',4—.~—..:'<.—_=.;V:-—vnmaunnsi"'""nomarrraut-on‘11zcarrracA1EuoLnen.? cxs'mauqarummnnmnmacovemaausomasoavnumuues *"’“3“;_3f~‘7':*T’.3 "-:~’- ,.~‘-::r'-1::arbnimuhoulmurmnnnom.e.-,7"..<»A_.V__ Agenda Item No. 11. Page 226 of 271 Agenda Item No. 11. Page 227 of 271 Agenda Item No. 11. Page 228 of 271 Agenda Item No. 11. Page 229 of 271 Agenda Item No. 11. Page 230 of 271 Agenda Item No. 11. Page 231 of 271 Agenda Item No. 11. Page 232 of 271 Agenda Item No. 11. Page 233 of 271 Connectors CONT CT [DE (Abnlcuenv Enloctenunt) ofmmxmble S lines. how pa Tm Municipal weeks or be billing. haw:Ippmvu Rev.G2.7.20l9 The purpose of lxandworl:ahwlmemis the removal vegetationalongfence-around trees,around s1ructures,and anpropertiesnotacoessiblebyu-uctorau-idinglawnmower.Also to disposeof ?ammable waste piles on progseny. 4.AbaxémemofallpmpexticslocatedlntheCitylimlxsofl3essun omwillcoxlfo::::wi:h!heCityofBeaumontOrdinanceNo.385.0111::Stan:laws and local codes mayalsoapply. 5.Contractors mus:con?rmjob acceptance within48 hours. 6.‘mustcomplete ill accepted assignmcms withinam it will tevassignm ‘I.All contracts will be issuedon a mtaxioml53!. 8.A completed invoiceper job followingthe mquired for {See BillimGuidelines} 9.Comrncsorswill not weed-car or use push mower to abatethe auxin:pwpcny.unlessthepropertyisNO!‘acocssiblcby traclor or ridinglawnmower.Conlnsctorwill}§Q‘£‘_bepaidfor§;I_Qy_8§_spcn1on aiming propmies with tractor accessibility.Contractorswill onlyhepaidthccoslilv.-illtake foratractnrorridlng Lawnmowerlncompleuuheabatcxnenl.(sac DishingGuidelines)Any issuedpmpmies that an:in qmslion,Ill:contractor willnotifytheWeedAbatementO?iccr. lo.Connactorwillus:weed-cateror pushmower.Shears,boss,or any otherhand-toolsan nonauccp¢ab1e1oalmclhe?mha2nrd.Any udditionalahalcmentlolhcpmpe?ysuclxas to limb a Ire:will be by approval ofthe WeedAbatementOf?ccr. ll.Any disposing cf hamnds on property (not limited to but including rubbish piles.vmodpilcs,xr piles.tree branches,and huuschnld?xtures)MUST fromtheWed.lc mol?cer '’ Signature:Z’"I:/" Da1e:‘/?y ('£1?1 X0 Agenda Item No. 11. Page 234 of 271 ’DE INES (Abaleneal Enlurceneal) QEKIME Com:-mars mus con?rm job acceptance within48 hour; Contra:-Ion nut conplac all necqmd anion-nu vrllbh two w:&ure-uni?ed. n the W206 Abalnnnt Ol?t-acr. Rn’. ud 02.7. 2039 CONTRA "I G Tractor»to meet a ?re-breakfor proloctian of unprovemems by removing all hazardous?ammable materials or gowth from the grumd. Riding lama newer»to mow llarnmablevegetation for prowcticn of improvementson parcelsthatarelessthan5acres. 1.All City of Beaumontcontracts will be at a tale of $105.00 par for diskingandmowing. Z.All contraclors must possess proof of msurnrnce.one million dollar:in’liabilityinsunmoeisxnquired. ‘ Local.State.and Federalrequirementsfor warking condltionand use. _Abatement of all properties locauadin the City limits of Beaummrtwill conform withtheCityofBeaumontOrdinanceNo.335.Other Sure laws and localMunicipalcodes ms’also apply 1'it vrl?la: .9?‘ 7.All contracts will be is'sued.onaroIx1s’onnllist- A completed invoicepcrjob followingthe requiredguidelines for billing will turnedintoCodeComplianceforapproval.(See RuleSchedule) 9.Vacant parcels ?ve acres or lm in size shall be mowed to It 3 incl:-highstubbleordisked100%provided that such dishingdo-asnot clean:?lxiliv:dust emissionsinviolationofstuteairqualityrules. :0.Vacantparcels larger than?veacres,improvador unimpmved shall mowadto a 3 incl»-high stubble.or disk I00 fool wide perimeterwill:a :00 footwide“crisscross”Ilrmuglathecenlcrofthepanel.Pmvidcdthansuch dislting does not create fugitivedustemissionsinviolationofstainarrqualitymics. 11.Contractors will'nou'fy Weed AbalcmuzlOf?cer if hand"workis necdcsialong fencelines.around trees.and anus that arc not asocssiblcby lmclmor ridingmowcr.12.Any disputing of 1:rd:on property (rubbish piles.woodpilesa,tmsh piles,tree bu-nncyr?)have .mPpI’M's|fro Sigmmmpz/'_§/1::,/?’7 um: I: Agenda Item No. 11. Page 235 of 271 the Hudlvorit I than luv 5 urn In; nsxiyvncnl my Cr?l? I3 Rev. EXHUBIT8. SCOPE OF SERVICF PleaseCheck Servicethat you are providing: .._._..I-956 or I Contractormus!compkctcall accepted assignments two weeksor it will be it-assigned. All equipment used mist be in compliance with CaiifominDept 01'Motor Vehicle,Local,State.and Federalnaquirements for workingconditionand maintenanceuse ' Abamnentof all propertieslocatedin theCity limitsof E-eaumomwillconformto the City ofBeaurnomOrdinanceNo.385.Other Suuc laws and local Municipalcodes may alsonpply. Remove:lhatporlion of my me.which extendswithin10 feet of the outletdfmy chimney orstovepipe. Maintain any two adjacentto or overhanging buildingfree ofdead or dyingwood. Maintainthe toafofany structure 6::ofieaves.nciadles.oroabcxdcadurdyingwood. Maintainall fence linesand ?vontagenf property ?-urnhazardous?ammable avergrowth. Provide and maintainat all timesa screen over the outlet ofcvcry chimney06'suwcpipe.Thisscreenshouldbeconsuucwdornon-?anunabie maxctialwith opgningsno great:than one halfinchinsize. Vacant parcels five acres or less in size shall be mowed in a 3 inch-‘highsmbbie.oz dished100%pro?dcd thin such disking does not fugitive dust emissionsin violationof airquaiityrules. ~......“.- Agenda Item No. 11. Page 236 of 271 parcels lure-=7 02.7. 2019 Vacanl than ?ve sacs.impmvedor unimproved maintain dishedmowedtoa3inch-highstubble 100’foot wideperimttct witha 100’widectiscross throughtheccmerofthepamelpmvidedthatsuchdis’docsnot umissiami n violationof the air qualityrules. Al!wceds,bmsh.trashorcthcrcombusu1>iebeciearedaminimumonefaetinalldimctionsfromallLPgastanks. Pilesof?arrnmble wast:in any yard.vacantlot or opcu space:shat;removed. Wood piles shall be kept 30 feet away {mm building.fcnccs_and any combustible Remove any and a?waste matter as describedin nmont MumcipulCod:8.08.0208.32.230then.disposeof them. All fenc:linesaround the vacant parcels be aimed. Any disposingof hazardson property {not limited to but includimzrubbishpiles.woodpiltrashpiles.nee brancb¢$.and househuid?xtures)MUST enpprov ?omthe Owncrsdesignatedrepresentative. M Agenda Item No. 11. Page 237 of 271 To main pay-cl innlcc: EXHIBIT RATE SCQEQQLE BCIIDIII the lollmrhg _Indmeu.1m .hInuIh Agenda Item No. 11. Page 238 of 271 .Ln Agenda Item No. 11. Page 239 of 271 Agenda Item No. 11. Page 240 of 271 Agenda Item No. 11. Page 241 of 271 Page 242 of 271 Staff Report TO: Mayor and City Council Members FROM:Elizabeth Gibbs, Community Services Director DATE:November 5, 2019 SUBJECT:Revisions to the City of Beaumont and Riverside Transit Agency Interagency Service Agreement No. 18-017 Background and Analysis: The City of Beaumont Transit and Riverside Transit Agency (RTA) entered into an Interagency Service Agreement on April 18, 2018, for the purpose of establishing a transfer fare policy for our mutual passengers' boarding and alighting at connecting stops. The 2018 agreement discussed three connection locations: Beaumont Walmart, the San Bernardino Transit Center, and Loma Linda Veteran's Hospital. Additionally, the agreement allowed passengers to use lower-priced fixed-route multi-use passes in lieu of payment when boarding premium-rate commuter service. A multi-use pass is a day, week, or monthly pass. Substantive revisions were made to Article 5 of the Interagency Service Agreement (Attachment A) to clarify the fare media accepted on local fixed-route and commuter services: Section C: An RTA fixed-route multi-use pass holder may board a Beaumont fixed- route service for free; Section D: Beaumont Transit fixed-route multi-use pass holder may board RTA fixed-route service for free; Section E: An RTA fixed-route multi-use pass holder will receive a $1 discount when boarding a Beaumont commuter service; Section F: Beaumont Transit fixed-route multi-use pass holder will receive a discount in the amount of RTA's fixed-route base fare when boarding RTA commuter service. The passenger will pay the difference between the RTA fixed- route base fare rate and the RTA commuter service fare for the passenger type; Section G: Beaumont Transit commuter multi-use pass will be accepted on the RTA commuter service for a discount valued at RTA's fixed-route base fare. Passengers will pay the difference between RTA fixed-route base fare and RTA commuter service fare; and Agenda Item No. 12. Page 243 of 271 Section H: RTA commuter multi-use pass holders will receive a discount toward Beaumont commuter service valued at Beaumont's fixed-route base fare. Passengers will pay the difference between Beaumont fixed-route base fare and Beaumont commuter fare. To further clarify the new revisions, here is one example of the new Section E: An RTA fixed-route general passenger monthly pass holder may board a Beaumont commuter service bus and pay a $2.50 fare. The current agreement allows that passenger to ride free, negating Beaumont's ability to collect fare. The current agreement allows passengers to ride free from Walmart to the San Bernardino Transit Center and then back to Walmart, without payment to Beaumont Transit. These changes are in line with the City's agreement with OmniTrans and will assist in meeting our farebox recovery ratio. Fiscal Impact: There is no fiscal impact, however, this language clarification will further assist Beaumont in maintaining the mandated farebox recovery ratio of 10%. Recommendation: 1. Approve the revisions to Article 5 of the Interagency Service Agreement 18-017 between the Riverside Transit Agency and the City of Beaumont. City Manager Review: Todd Parton City Manager Attachments: Attachment A Agenda Item No. 12. Page 244 of 271 INTERAGENCY SERVICE AGREEMENT NO. 18-017 BETWEEN RIVERSIDE TRANSIT AGENCY AND THE CITY OF BEAUMONT THIS AGREEMENT is made and entered into this 18th ____ day of April____, 20198 by and between Riverside Transit Agency, a public agency formed under a Joint Powers Agreement, 1825 Third Street, Riverside, California 92507 (hereinafter referred to as "AGENCY"); and City of Beaumont, a municipal corporation, 550 East 6th Street, Beaumont, California 92223 (hereinafter referred to as "CITY"). RECITALS: WHEREAS, AGENCY and CITY are empowered by law to provide the general public with convenient, safe and accessible transportation within their respective jurisdictions; and WHERAS, CITY operates a transit system that is commonly known as “Beaumont Pass Transit”; and WHEREAS, AGENCY and CITY desire to cooperate and coordinate in route planning, scheduling, stops, transfers, fares and information dissemination; and WHEREAS, both parties agree that this Agreement shall be non-financial in nature; WHEREAS, this agreement shall supersede any and all previous service agreements between AGENCY and CITY; NOW, THEREFORE, it is mutually understood and agreed by AGENCY and CITY as follows: Agenda Item No. 12. Page 245 of 271 ARTICLE 1. PUBLIC INFORMATION AGENCY and CITY agree to cooperate in providing the public with specific transit information, advertising the operations of both agencies and promoting the general use of transit. ARTICLE 2. STOPS A. AGENCY and CITY agree to cooperate in the location, installation and maintenance of all jointly used bus stops, including use of the other’s poles and posts at joint transfer points. B. Each party shall be solely responsible for claims for damages arising out of its installation of its bus stop signs or passenger amenities and its transportation and related services. C. Each party agrees to the establishment of stops in the other’s service area, subject to approval of each specific stop. D. Each party may negotiate with the other party regarding boarding restrictions within its respective service area where duplication of service or potential revenue loss may occur. E. Each party shall be responsible for obtaining any required licenses or permits and paying any necessary fees in order to establish bus stops, install amenities or operate service in either service area. ARTICLE 3. FARES Fares may vary in accordance with adopted policies of each party. Each party shall retain all fares collected in the operation of their service. ARTICLE 4. TRANSFER CONNECTIONS AGENCY and CITY agree to facilitate minimization of passenger waiting time, and both parties shall coordinate schedules whenever practical. Agenda Item No. 12. Page 246 of 271 ARTICLE 5. TRANSFER A. AGENCY shall only accept transfer fare media at Beaumont Walmart (RTA stop ID’s 2928 and 2929), Loma Linda Veterans Hospital and San Bernardino Transit Center transfer points where CITY’S routes meet or intersect AGENCY’S routes. B. CITY shall only accept faretransfer media at Beaumont Walmart (RTA stop ID’s 2928 and 2929), Loma Linda Veterans Hospital and San Bernardino Transit Centertransfer points where AGENCY’S routes meet or intersect CITY’S routes. C. AGENCY shall accept CITY’S transfer fare media valued at CITY’S AGENCY’S local base fare for that service toward AGENCY’S regular local fixed route service. In the event that CITY’S base fare is valued at more than AGENCY’S base fare, no change or credit will be due to the passenger. Passengers are not required to pay additional fares to cover any shortfall between the CITY’S and AGENCY’S base fares. Transfer Ffare media includes valid multi-use passes such as daily, weekly and monthly passes issued for various fare categories including but not limited to full-fare, senior, disabled, Medicare, veteran, student and youth categories. D. CITY shall accept AGENCY’S transfer local fixed fare media valued at AGENCY’S CITY’S base fare for that service toward CITY'S regular fixed route service. In the event that AGENCY’S base fare is valued at more than CITY’S base fare, no change or credit will be due to the passenger. Passengers are not required to pay additional fares to cover any shortfall between the AGENCY’S and CITY’S base fares. Fare media includes valid multi-use passes such as daily, weekly and monthly passes issued for various fare categories including but not limited to full-fare, senior, disabled, Medicare, veteran, student and youth categories. E. CITY shall accept AGENCY’S regular local fixed route faretransfer media on valued at AGENCY’S base fare on CITY’S Commuter Link buses for a $1 discount toward the applicable premium fare. In the event that AGENCY’S base fare is valued at more than CITY’S base fare, no change or credit will be due to the passenger. Passengers are not required to pay additional fares to cover any shortfall between the AGENCY’S and CITY’S base fares. TransferFare media includes valid multi-use passes such as daily, weekly and monthly passes issued for various fare categories including but not limited to full-fare, senior, disabled, Medicare, veteran, student and youth categories. Agenda Item No. 12. Page 247 of 271 F. AGENCY shall accept CITY’S regular fixed route fare media valued at CITY’S AGENCY’S local fixed route base fare on AGENCY’S Commuter Link buses. In the event that AGENCY’S base fare is valued at more than CITY’S base fare, no change or credit will be due to the passenger. Passengers are not required to pay additional fares to cover any shortfall between the AGENCY’S and CITY’S base fares. Transfer fFare media includes valid multi-use passes such as daily, weekly and monthly passes issued for various fare categories including but not limited to full-fare, senior, disabled, Medicare, veteran, student and youth categories. G. AGENCY shall accept CITY’S Commuter Link transfer fare media valued at CITY’S AGENCY’S local fixed route base fare for that service toward AGENCY’S Commuter Link service. In the event that CITY’S base fare is valued at more than AGENCY’S base fare, no change or credit will be due to the passenger. Passengers are not required to pay additional fares to cover any shortfall between the CITY’S and AGENCY’S base fares. Transfer Fare media includes valid multi-use passes such as daily, weekly and monthly passes issued for various fare categories including but not limited to full-fare, senior, disabled, Medicare, veteran, student and youth categories. H. CITY shall accept AGENCY’S Commuter Link transfer fare media valued at AGENCY’S CITY’S base fare for that service toward CITY’S Commuter Link service. In the event that AGENCY’S base fare is valued at more than CITY’S base fare, no change or credit will be due to the passenger. Passengers are not required to pay additional fares to cover any shortfall between the CITY’S and AGENCY’S base fares. Transfer Fare media includes valid multi-use passes such as daily, weekly and monthly passes issued for various fare categories including but not limited to full-fare, senior, disabled, Medicare, veteran, student and youth categories. I. The transfer media are not valid for Dial-A-Ride or Access Service. J. Each party shall accept the other party’s valid employee identification, on all local fixed route and commuter services in lieu of payment of fare. K. AGENCY shall accept CITY’S Military Veteran Identification for purchase of AGENCY’S reduced Veterans Fares. L. CITY shall accept AGENCY’S Military Veteran Identification for purchase of CITY’S reduced Veterans fares. Agenda Item No. 12. Page 248 of 271 ARTICLE 6. OPERATIONAL INFORMATION Each party shall formally inform the Director of Service Planning or Transit Community Services Director of the other agency of future plans for route and schedule changes, exclusive of temporary demand and emergency situations, no later than 30 days before the changes are scheduled to be implemented. ARTICLE 7. CONTROL AND RESPONSIBILITY A. Each party to this Agreement, in its operations pursuant hereto, is acting as an independent contractor and agrees to indemnify and hold the other party, including its officers, directors, employees, agents, subcontractors and suppliers, harmless from and against all claims, losses, damages and expenses, including attorney’s fees, on account of bodily injury to or death of any person, or for property damage arising out of the performance of services described in this Agreement, unless caused by the negligence of the other party. B. Each party to this agreement shall indemnify, defend and hold harmless the other party, including its officers, directors, employees, agents, subcontractors and suppliers, from and against any and all liability or expense including any claim of liability and any and all losses or costs, including legal expenses and costs of expert witnesses and consultants, that may be imposed by the other party solely by virtue of the provisions of Section 895.2 of the California Government Code. ARTICLE 8. SERVICE TO BE OPERATED Each party may operate non-duplicating services in the other's jurisdiction with the written approval of the other agency. Every attempt shall be made to coordinate alignments, schedules, stops, fare policies, and route planning for the safety and convenience of the general public. ARTICLE 9, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) Each party shall be solely responsible for complying with the Americans with Disabilities Act of 1991 (ADA) as amended, including the provision of parallel ADA demand response service along each party’s fixed routes operated in the other party’s service area. ARTICLE 10. NO MONETARY CLAIMS Agenda Item No. 12. Page 249 of 271 Neither party shall have any claims against or liabilities to the other party on account of expenses incurred or revenues received or lost as a result of this Agreement except as otherwise provided to the contrary herein. ARTICLE 11. TERMS OF THE AGREEMENT This Agreement shall be effective on the date of full execution by both parties and will remain in effect for a term of one year, extended by additional subsequent terms for one year each, provided that neither party terminates this Agreement. Notwithstanding the forgoing sentence, until terminated by either party by giving 60 days written notice to the other party. ARTICLE 12. GOVERNING LAW; SEVERABILITY. This Agreement is in all respects governed by California law. If any part of this Agreement or the application thereof is declared invalid for any reason, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are declared to be severable. ARTICLE 13. INSURANCE. The parties each verify that they are a self-insured entity or maintain indemnity coverage through a Joint Powers Authority. ARTICLE 14. COMPLIANCE WITH LAWS. Each party shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, and all other applicable federal, state, municipal and local safety regulations. All services performed by either party must be in Agenda Item No. 12. Page 250 of 271 accordance with these laws, ordinances, codes and regulations. ARTICLE 15 NOTIFICATION AND MAILING ADDRESSES Any requests and demands made between the parties pursuant to this Agreement are to be directed as follows: CITY OF BEAUMONT: AGENCY: Riverside Transit Agency 550 East 6th Street 1825 Third Street Beaumont, CA 92223 Riverside, CA 92507 Attn: City Manager Attn: Vince Rouzaud Todd Parton Chief Procurement & Logistics Officer (951) 769-8520 (951) 565-5180 Any notices of service and schedule changes are to be directed as follows: CITY OF BEAUMONT: AGENCY: Riverside Transit Agency 550 East 6th Street 1825 Third Street Beaumont, CA 92223 Riverside, CA 92507 Attn: Elizabeth Gibbs Attn: Rohan KuruppuJoe Forgiarini Transit Community Services Director Director of Service Planning (951) 769-8521 (951) 565-516630 ARTICLE 16. ENTIRE AGREEMENT. The terms and conditions of this Agreement represents the entire agreement between the parties with respect to its subject matter. This Agreement shall supersede any and all prior contracts between the parties, regarding the subject matter of this Agreement. The terms and conditions of this Agreement shall not be altered or otherwise modified except by a written amendment executed by both parties. Agenda Item No. 12. Page 251 of 271 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written. CITY OF BEAUMONT RIVERSIDE TRANSIT AGENCY By___________________________ By___________________________ Nancy CarrollJulio Martinez III Larry Rubio Mayor Chief Executive Officer APPROVED AS TO FORM: APPROVED AS TO FORM: By___________________________ By___________________________ John O. Pinkney James M. DonichBarbaraRaileanu City Attorney General Counsel Agenda Item No. 12. Page 252 of 271 Staff Report TO: Mayor and City Council Members FROM:Sean Thuilliez, Police Chief DATE:November 5, 2019 SUBJECT:Purchase of Six Panasonic Toughbooks for the Beaumont Police Department's Mobile Data Computer Platform Background and Analysis: The Beaumont Police Department’s current mobile data computer (MDC) solution is the L3 V-One by Mobile Vision. Originally designed in 2012, Mobile Vision made minor performance and storage enhancements but the unit itself remained unchanged. Mobile Vision no longer offers an MDC solution and the V-One platform has become obsolete. The Police Department has reached a critical point where the inability to outfit newly built or retrofit existing dedicated patrol vehicles is affecting the service delivery. Having recognized the need to replace the existing MDC solution, the department has been vetting and beta-testing replacement MDC platforms. Based on this research, the department concluded that the Panasonic 33-LE-02VM Toughbook was the best replacement model. CDCE Mobile Iot Integration of Yorba Linda was identified as the lowest-priced local distributor/installer of the MDC solution. The total per unit cost is approximately $7,909.06, which includes Toughbook, keyboard, port replicator, mounting kit, additional warranty, Cradlepoint IBR900 first net routers with Wi-Fi, low profile shark fin 2G/3G/4G LTE antenna, cables, and installation. In addition, two subscriber identity module (SIM) cards per MDC are required; one from Verizon (or similar wireless carrier) and one from AT&T (or similar wireless carrier), to provide secure Wi-Fi connectivity and redundancy. Each SIM card is projected to cost approximately $40.00 per card (law enforcement rate), per month for a total annual per MDC cost of $960.00. Some MDCs may replace the outdated model and others are for new vehicle builds so the precise reoccurring monthly cellular cost may vary. Agenda Item No. 13. Page 253 of 271 Fiscal Impact: There is no anticipated direct fiscal impact to the general fund for the initial purchase of six MDCs and vehicle functionality equipment. Funding would come from the Supplemental Law Enforcement Services Account (SLESA) Grant funds pursuant to Government Code 30061 to 30063. The fiscal impact to the SLESA Grant fund budget (Account 220-0000-8040) is $47,454.37 The annual-recurring cost of twelve SIM cards (2/MDC) to provide access to two separate and independent 4G wireless networks is approximately $5,760.00. These costs will be incurred in fiscal year 2020-2021 and will be included in the General Fund in future years. The fiscal impact to the IT Telephone budget (Account 100-1230-7015) has the potential to increase to $960 from $480 annually per MDC. Recommendation: 1. Approve the purchase of six Panasonic Toughbook’s from CDCE Mobile Iot Integration, Cradlepoint IBR900 first net routers with Wi-Fi, low profile shark fin 2G/3G/4G LTE antenna’s and cables, twelve SIM cards (six from Verizon and six from AT&T) to outfit the aforementioned dedicated patrol vehicles we have been authorized to purchase this fiscal year. City Manager Review: Todd Parton City Manager Attachments: Sales Quote 114098-A Sales Quote 114251 Agenda Item No. 13. Page 254 of 271 800-373-5353Telephone: CDCE, Inc. 22641 Old Canal Road Yorba Linda, CA 92887 City of Beaumont Police Department Financing Authority 660 Orange Ave. Beaumont, CA 92223 Riverside Count City of Beaumont Police Department 660 Orange Ave. Beaumont, CA 92223 Riverside Count Sales Quote 114098-A CIBEAUMOPDCustomer No. Ship ToBill To Contact: Telephone: Telephone: Contact: 951-769-8500 Greg Fagan 951-769-8500 Greg Fagan Order Date Payment MethodCustomer PO NumberF.O.B.Ship Via 10/10/19 NET 30InstallationYorba Linda Entered By Resale NumberOrdered BySalesperson Greg FaganCasey LeffLorri Schroeder Order Quantity Extended Price Unit PriceItem Number / DescriptionApprove Quantity EHC101-151847 Sales Quote No. Customer PO # 6 6 17,526.00 2,921.0033-LE-02VMa5KQ0W5PXD 114098Panasonic CF-33 Tablet Only Public Sector Specific - STD 3, Win10 Pro, Intel Core i5-7300U 2.60GHz, vPro, 12.0" QHD Gloved Multi Touch+Digitizer, 8GB, 256GB SSD, Intel WiFi a/b/g/n/ac, TPM 2.0, Bluetooth, Dual Pass (Upper:WWAN/Lower:dGPS), 4G LTE Multi Carrier (EM7455), dGPS, Infrared Webcam, 8MP Cam, Contactless SmartCard, Toughbook Preferred, 3 Year ProService Premier Deployment Service, TabletPC ProPlus Warranty, 256 SSD no return service, and Custom BIOS. 6 6 3,000.00 500.00NA-210048a5LK0NUF8Q 114098Premium Keyboard for CF-33. Emissive Red Backlit (4 levels).Handle/kickstand - display can be opened to any angle.Compatible with Tablet, 33 Laptop Vehicle Dock, and 33 Desktop Dock.Ethernet, SDXC (full-size), HDMI, VGA, USB 2.0, USB 3.0 (2), Serial (USB) 6 6 30.00 5.00FEE-100001a5KQ0W19M8 114098Recycle Fee for Monitors 4"-15" 6 6 4,380.00 730.00PR-320088a5LI0PELLV 114098Havis CF-33 Laptop 2-in-1 Dock, Dual RF 10/10/19 12:39:08 PM Page No. Print Time Print Date Printed By: Casey Leff Continued on Next Page a5LI0PELLV 114098 1 of 3 Agenda Item No. 13. Page 255 of 271 800-373-5353Telephone: CDCE, Inc. 22641 Old Canal Road Yorba Linda, CA 92887 City of Beaumont Police Department Financing Authority 660 Orange Ave. Beaumont, CA 92223 Riverside Count City of Beaumont Police Department 660 Orange Ave. Beaumont, CA 92223 Riverside Count Sales Quote 114098-A CIBEAUMOPDCustomer No. Ship ToBill To Contact: Telephone: Telephone: Contact: 951-769-8500 Greg Fagan 951-769-8500 Greg Fagan Order Date Payment MethodCustomer PO NumberF.O.B.Ship Via 10/10/19 NET 30InstallationYorba Linda Entered By Resale NumberOrdered BySalesperson Greg FaganCasey LeffLorri Schroeder Order Quantity Extended Price Unit PriceItem Number / DescriptionApprove Quantity EHC101-151847 Sales Quote No. Customer PO # 6 6 3,330.00 555.00WR-105014a5KQ0W1A2P 114098PANASONIC : 4th and 5th years Public Safety Service Bundle Add on (Year 4 & 5 only). Must be purchased in conjunction with PS bundle base unit. Includes Premier, Protection Plus, Customer Portal, Disk Image Management. *(OPTIONAL - Recommended) 6 6 660.00 110.00PS-102006a5KQ0W1AVQ 114098LIND - power adapter - car - 120 Watt 5 5 2,500.00 500.00VK-421036a5LK0R0443 114098F - 2011+ Interceptor Utility Pole Mnt Kit Beaumont PD For CF-33 Laptop Mode 1 1 500.00 500.00VK-121015a5LK0R0Y7V 114098C - 2019 Chevy Tahoe FLR Kit - Beaumont PD 6 6 2,400.00 400.00LAB-320001a5KQ0W1EUA 114098De-Install old; Installation New Customer Site Times TBD - 2 Vehicles per day (or more) On-site. 10/10/19 12:39:08 PM Page No. Print Time Print Date Printed By: Casey Leff Continued on Next Page a5KQ0W1EUA 114098 2 of 3 Agenda Item No. 13. Page 256 of 271 800-373-5353Telephone: CDCE, Inc. 22641 Old Canal Road Yorba Linda, CA 92887 City of Beaumont Police Department Financing Authority 660 Orange Ave. Beaumont, CA 92223 Riverside Count City of Beaumont Police Department 660 Orange Ave. Beaumont, CA 92223 Riverside Count Sales Quote 114098-A CIBEAUMOPDCustomer No. Ship ToBill To Contact: Telephone: Telephone: Contact: 951-769-8500 Greg Fagan 951-769-8500 Greg Fagan Order Date Payment MethodCustomer PO NumberF.O.B.Ship Via 10/10/19 NET 30InstallationYorba Linda Entered By Resale NumberOrdered BySalesperson Greg FaganCasey LeffLorri Schroeder Order Quantity Extended Price Unit PriceItem Number / DescriptionApprove Quantity EHC101-151847 Sales Quote No. Customer PO # *Hand Carry CF-33s with Keyboards. CDCE will be completing one install ASAP for Chevy Tahoe. This quote is valid for 30 days. By Signing, you are confirming not only your request to purchase, but also your authority to purchase the goods and services on this quote on behalf of the organization you represent . Signed quotes are de facto purchase orders and fall under the same terms and conditions of sale. If you choose to pay by credit card then you approve an additonal 3% processing fee on total order. _______________________________________________________ Signature _______________________________________________________ Printed Name __________________________________ Date Approved By: Approve All Items & Quantities 10/10/19 12:39:08 PM Page No. Print Time Print Date Printed By: Casey Leff Order Total Sales Tax7.750 % Freight Subtotal 36,939.87 2,213.87 400.00 34,326.00 a5KQ0W1EUA 114098 3 of 3 Agenda Item No. 13. Page 257 of 271 Page 258 of 271 800-373-5353Telephone: CDCE, Inc. 22641 Old Canal Road Yorba Linda, CA 92887 City of Beaumont Police Department Financing Authority 660 Orange Ave. Beaumont, CA 92223 Riverside Count City of Beaumont Police Department 660 Orange Ave. Beaumont, CA 92223 Riverside Count Sales Quote 114251 CIBEAUMOPDCustomer No. Ship ToBill To Contact: Telephone: Telephone: Contact: 951-769-8500 Greg Fagan 951-769-8500 Greg Fagan Order Date Payment MethodCustomer PO NumberF.O.B.Ship Via 10/10/19 NET 30InstallationYorba Linda Entered By Resale NumberOrdered BySalesperson Greg FaganCasey LeffCasey Leff Order Quantity Extended Price Unit PriceItem Number / DescriptionApprove Quantity EHC101-151847 Sales Quote No. Customer PO # 6 6 6,300.00 1,050.00DM-400083a5LK0P6XX2 114251IBR900 router with WiFi (1000Mbps modem), 3yr NetCloud Essentials for Mobile Routers (Prime) with support, no AC power supply or antennas, North America 6 6 1,500.00 250.00ANT-841026a5LK0P9ZJB 114251Low profile Sharkfin,5 in 1 Antenna: MiMo 2G/3G/4G LTE MiMo 2G/3G/4G LTE, MiMo 2.4/5GHz Wi-Fi, GPS/GNSS, 5m/16 cables for use with IBR600, IBR900, IBR1100. FirstNet compatible. BLK 6.00 6.00 2,070.00 345.00LAB-320001a5LK0QRSLU 114251Installation Customer Site Router, antenna, and power. 10/10/19 12:31:11 PM Page No. Print Time Print Date Printed By: Casey Leff Continued on Next Page a5LK0QRSLU 114251 1 of 2 Agenda Item No. 13. Page 259 of 271 800-373-5353Telephone: CDCE, Inc. 22641 Old Canal Road Yorba Linda, CA 92887 City of Beaumont Police Department Financing Authority 660 Orange Ave. Beaumont, CA 92223 Riverside Count City of Beaumont Police Department 660 Orange Ave. Beaumont, CA 92223 Riverside Count Sales Quote 114251 CIBEAUMOPDCustomer No. Ship ToBill To Contact: Telephone: Telephone: Contact: 951-769-8500 Greg Fagan 951-769-8500 Greg Fagan Order Date Payment MethodCustomer PO NumberF.O.B.Ship Via 10/10/19 NET 30InstallationYorba Linda Entered By Resale NumberOrdered BySalesperson Greg FaganCasey LeffCasey Leff Order Quantity Extended Price Unit PriceItem Number / DescriptionApprove Quantity EHC101-151847 Sales Quote No. Customer PO # By Signing, you are confirming not only your request to purchase, but also your authority to purchase the goods and services on this quote on behalf of the organization you represent . Signed quotes are de facto purchase orders and fall under the same terms and conditions of sale. If you choose to pay by credit card then you approve an additonal 3% processing fee on total order. _______________________________________________________ Signature _______________________________________________________ Printed Name __________________________________ Date Approved By: Approve All Items & Quantities 10/10/19 12:31:11 PM Page No. Print Time Print Date Printed By: Casey Leff Order Total Sales Tax7.750 % Freight Subtotal 10,514.50 604.50 40.00 9,870.00 a5LK0QRSLU 114251 2 of 2 Agenda Item No. 13. Page 260 of 271 Staff Report TO: Mayor and City Council Members FROM:Kristine Day, Assistant City Manager DATE:November 5, 2019 SUBJECT:Wastewater Treatment Plant Expansion/Renovation and Brine Pipeline Installation Project Status Update Background and Analysis: Reach 1 The contractor continues to work three crews on pipe installation, paving, restoration, and boring. Contractor is working along Live Oak Canyon Road, San Timoteo Creek and rehabilitation of the previous dewatering areas. Groundwater Discharge Plan has been submitted and is in review. Approximately 59,334 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 several 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 have been submitted to SAWPA. They are approved. Approximately 44,127 linear feet of brine line have been installed to date. Contractor has requested 13 inclement weather days to date. The three week look ahead schedule is included as an attachment to this report (Attachment B). Agenda Item No. 14. Page 261 of 271 Approved Change Orders: CO No.Contractor 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 9 Weka, Inc. Alternate Alignment for Brine Line at Orange St. & New Jersey St. Intersection Utility Conflict $61,330.22 Brine Line Contingency Budget Amount Change Orders 1-9 Remaining $2,600,000.00 $1,403,605.42 $1,196,394.58 Agenda Item No. 14. Page 262 of 271 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 $59,489.00 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 $537,670.09 The project accounting for the Brine Line Project is as follows: Brine Line Budget Amount Actual Remaining Design $2,082,357.37 $1,747,953.45 $334,403.93 Construction Management $3,436,471.38 $1,993,638.62 $1,442,832.76 Permit $508,240.25 $278,131.09 $230,109.16 Construction $31,884,226.35 $20,950,015.08 $10,934,211.27 Contingency $2,600,000.00 $1,403,605.42 $1,196,394.58 Total $40,511,295.35 $26,373,343.66 $14,137,951.70 Wastewater Treatment Plant Expansion/Renovation Project: Construction work continues on the MBR/RO Startup, MBR Metal Building Assembly, installation of duct banks throughout the project, Switch Gear Pad, Electrical Building, Chemical Tank Farm #1, and Storm Water Pump Station. Upcoming pours include duct-banks, chemical storage #1, MVSG pad and the recycled water pump station SOG. Agenda Item No. 14. Page 263 of 271 Contractor will continue to dig/lay/backfill the 30” MBR effluent line and 24” storm drain, and the 30” aeration basin feed. 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 9 Various Changes - Solids Handling Bldg. Conveyor Capacity Increase, Electrical Yard Vault Cover Changes, Additional Pothole Investigation and Existing Duct Bank Removal, and Yard Utilities Design Changes, Conflict with Construction, Owner Requested Changes $138,531.73 10 MBR Chemical Area Changes & Other Misc. Changes and Inclement Weather Impact Nov-18 to May-19 Owner Requested Changes & Inclement Weather $596,031.05 Agenda Item No. 14. Page 264 of 271 WWTP Contingency Budget Amount Change Orders 1-10 Remaining $4,000,000.00 $1,067,914.91 $2,932,085.09 The project accounting for the Waste Water Project is as follows: 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 $2,331,115.14 $2,977,470.58 Equipment $252,906.00 $250,793.50 $2,112.50 Permits $324,776.76 $62,498.74 $262,278.02 Construction $53,910,737.00 $21,029,576.55 $32,881,160.45 Contingency $4,000,000.00 $165,325.93 $3,834,674.07 Total $66,506,803.71 $26,395,959.12 $40,110,844.59 Fiscal Impact: No additional fiscal impacts beyond the project budget. Recommendation: 1. Receive and file the project updates. City Manager Review: Todd Parton City Manager Agenda Item No. 14. Page 265 of 271 Page 266 of 271 Staff Report TO: Mayor and City Council Members FROM:Kari Mendoza, Administrative Services Director DATE:November 5, 2019 SUBJECT:Third Amendment to the City Manager Employment Agreement Background and Analysis: The City Council and City Manager engage in labor negotiations on an annual basis as it relates to the anniversary of the hire date with the City, October 31, 2016. The result of those negotiations are reflected in the attached third amendment to the City Manager Employment Agreement. Changes include extending his term as City Manager as well as salary incentives. Fiscal Impact: The third amendment to the City Manager Employment Agreement results in an annual increase of $23,890 budgeted in FY 19/20. Recommendation: 1. Approval of the Third Amendment to the City Manager Employment Contract. Attachments: Attachment A - CM Agreement Third Amendment Agenda Item No. 15. Page 267 of 271 Page 268 of 271 1 THIRD AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT This Third Amendment to the CITY MANAGER EMPLOYMENT AGREEMENT (“Employment Agreement”) is made and entered into this _____ day of November, 2019, by and between the City of Beaumont (“City”) and City Manager Todd Parton (Employee”). WHEREAS, the parties entered into the Employment Agreement on October 31, 2016; and WHEREAS, the parties entered into a First Amendment and subsequently a Second Amendment to the Employment Agreement; WHEREAS, the Employment Agreement provides that the Employee will be evaluated annually by the Council and that the City Council may, in its discretion, grant Employee merit increases in his salary and/or benefits; and WHEREAS, the parties wish to amend the terms of the Employment Agreement as well as the First and Second Amendments to reflect a merit increase in Employee’s gross annual salary and to provide for an increased monthly contribution to Employee’s 457(b) deferred compensation account. NOW, THEREFORE, it is mutually agreed as follows: A. Effective November 1, 2019, Employee’s gross annual salary as set forth in Section 2.1 of the Employment Agreement will increase from $247,665.60 to $260,208.00. B. In addition, effective November 1, 2019, the monthly individual 457(b) deferred compensation account contribution provided for in Section 5.2 of the Employment Agreement shall be increased from $1,300.00 to $1,800.00. C. In addition, effective November 1, 2019, the Cafeteria Plan as set forth in Section 2.7(a) of the Employment Agreement will increase to $1,675.00 per month. Other than as amended above, all other terms of the Employment Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Third Amendment to City Manager Employment Agreement as of the day and year first written above. Agenda Item No. 15. Page 269 of 271 2 “CITY” CITY OF BEAUMONT By:________________________ Julio Martinez, Mayor “EMPLOYEE” TODD PARTON By:________________________ Todd Parton, City Manager ATTEST: By:________________________ City Clerk APPROVED AS TO FORM: By:___________________________ John O. Pinkney, City Attorney Agenda Item No. 15. Page 270 of 271 EIAP ATTORNEYS To: _Erom: Date: Re: City Council John O.Pinkney,City Attorney October 25,2019 Status of Pending Litigation Against City of Beaumont Agenda Item No. 17. Page 271 of 271