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
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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
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SIGNATURE:
TITLE:CITY TREA
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TITLE:ADM T T RVICES DIRECTOR
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81.56 Utility payment dispute
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I DO HEREBY CERTIFY THIS WARRANT LIST HAS BEEN COMPILED AND PREPARED TO
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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.
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Check Report
Vendor Number
Payable #
2461
Payable #
2484
Payable it
25 18
Payable #
72253
72301868
72301869
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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
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10/17/2019 12:58:32 PM Page 10 of 12
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Agenda Item No. 2.
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Agenda Item No. 2.
Page 67 of 271
Agenda Item No. 2.
Page 68 of 271
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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
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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
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10/24/2019 5:49:10 PM Page 14 of 23
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Agenda Item No. 2.
Page 69 of 271
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UNIFORMS UNIFORMMAINTENANCE 21.86
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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
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10/24/2019 5:49:10 PM Page 15 of 23
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Agenda Item No. 2.
Page 70 of 271
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Agenda Item No. 2.
Page 71 of 271
Agenda Item No. 2.
Page 72 of 271
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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
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Agenda Item No. 4.
Page 96 of 271
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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.
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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
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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.
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Agenda Item No. 4.
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Agenda Item No. 4.
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Agenda Item No. 4.
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Agenda Item No. 4.
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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:
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(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
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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.
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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
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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
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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
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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;
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(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
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(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
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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
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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
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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.
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(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.
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(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
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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.
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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.
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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.
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Julio Martinez, Mayor
Attest: ______________________
City Clerk
Approved as to form:
_________________________
John O. Pinkney, City Attorney
Agenda Item No. 7.
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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.
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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.
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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.
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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 :
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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
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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
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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.
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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.
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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
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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
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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.
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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.
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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
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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
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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
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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.
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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
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Connectors
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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 '’
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’DE INES
(Abaleneal Enlurceneal)
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Com:-mars mus con?rm job acceptance within48 hour;
Contra:-Ion nut conplac all necqmd anion-nu vrllbh two w:&ure-uni?ed.
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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
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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
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Agenda Item No. 11.
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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.
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parcels lure-=7
02.7.
2019
Vacanl than ?ve sacs.impmvedor unimproved maintain dishedmowedtoa3inch-highstubble 100’foot wideperimttct witha 100’widectiscross throughtheccmerofthepamelpmvidedthatsuchdis’docsnot umissiami
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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
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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
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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
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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:
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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.
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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.
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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.
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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
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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.
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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