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HomeMy Public PortalAboutAugust 04, 2020 City Council Packet CITY COUNCIL CLOSED & REGULAR SESSION 550 E. 6th Street, Beaumont, CA Tuesday, August 04, 2020 Closed Session: 5:00 PM | Regular Meeting: 6:00 PM 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 AGENDA MEETING PARTICIPATION NOTICE This meeting will be conducted utilizing teleconference communications and will be recorded for live streaming as well as open to public attendance subject to social distancing and applicable health orders. All City of Beaumont public meetings will be available via live streaming and made available on the City's official YouTube webpage. Please use the following link during the meeting for live stream access. BeaumontCa.gov/Livestream Public comments will be accepted using the following options. 1. Written comments will be accepted via email and will be read aloud during the corresponding item of the meeting. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council. Comments can be submitted anytime prior to the meeting as well as during the meeting up until the end of the corresponding item. Please submit your comments to: NicoleW@BeaumontCA.gov 2. Phone-in comments will be accepted by joining a conference line prior to the corresponding item of the meeting. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council. Please use the following phone number to join the call: (951) 922-4845 3. In person comments subject to the adherence of the applicable health orders and social distancing requirements. In compliance with the American Disabilities Act, if you require special assistance to participate in this meeting, please contact the City Clerk's office using the above email or call (951) 571-3196. Notification 48 hours prior to a meeting will ensure the best reasonable accommodation arrangements. 1 CLOSED SESSION - 5:00 PM 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 Santos, Mayor Pro Tem Lara, Council Member Carroll, Council Member Martinez, Council Member White Public Comments Regarding Closed Session 1. Conference with Legal Counsel Regarding Existing Litigation - Pursuant to Government Code Section 54956.9(d)(1): Aguirre et al. v. City of Beaumont et al., Case No. RIC 1810937 2. Conference with Labor Negotiators - Pursuant to Government Code Section 54957.6 City Designated Representatives City Manager Todd Parton and Administrative Services Director Kari Mendoza. Employee Organizations: Beaumont Police Officers Association 3. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8 for Property Known as Vacant Land APN 418- 190-004, 005, 006, and 007. Agency Negotiator: City Manager Todd Parton or his Designee. Negotiating Parties: City of Beaumont and Embree Asset Group, Inc., Under Negotiation: Price and Terms Adjourn to Regular Session REGULAR SESSION - 6:00 PM CALL TO ORDER Mayor Santos, Mayor Pro Tem Lara, Council Member Carroll, Council Member Martinez, Council Member White Report out from Closed Session: Action on any Closed Session items: Action of any requests for Excused Absence: Pledge of Allegiance: Approval / Adjustments to the Agenda: Conflict of Interest Disclosure: ANNOUNCEMENTS/ RECOGNITION / 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 2 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 co mments. 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 Recommended Action: Ratification of Warrants dated March 16 - May 21, 2020. 2. Approval of Minutes Recommended Action: Approve minutes dated July 21, 2020. 3. Second Reading and Adoption of an Ordinance Amending and Restating the Development Agreement (PLAN2019-0336) for the Hidden Canyon Specific Plan, a 2.89 Million Square Foot Industrial Business Park (Hidden Canyon Industrial Park); Located at the Western Terminus of Fourth Street, South of State Highway 60, East of Jack Rabbit Trail Recommended Action: Waive the second full reading and adopt by title only the “An Ordinance of the City Council of the City of Beaumont, California, Approving an Amended and Restated Development Agreement by and Between the City of Beaumont and MPLD II Inland Empire, LLC.” 4. Second Reading and Adoption of an Ordinance Adding Chapter 8.55 Regulation of Shopping Carts to the Beaumont Municipal Code Recommended Action: Waive the second full reading and adopt by title only, “An Ordinance of the City Council of the City of Beaumont adding “Chapter 8.55 Regulation of Shopping Carts” to the Beaumont Municipal Code.” 5. Performance Bond Acceptance and Security Agreement for SDC Fairway Canyon, LLC Tract 31462- Phase 4 Sewer improvements Recommended Action: Accept the following bond and security agreement: Performance Bond No. 1001124455 for sewer improvements for Tract 31462. PUBLIC HEARINGS Approval of all Ordinances and Resolutions to be read by title only. 6. Public Hearing to Consider the Placement of Delinquent Solid Waste Handling Service Charges on The Property Tax Roll 3 Recommended Action: Conduct a public hearing, and Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont, California, Authorizing the Collection of Delinquent Solid Waste Handling Service Charges on the Property Tax Roll.” 7. Public Hearing to Consider the Placement of Delinquent Sewer Service Charges on The Property Tax Roll Recommended Action: Conduct a public hearing, and Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont, California, Authorizing the Collection of Delinquent Sewage Service Fees and Charges on the Property Tax Roll.” ACTION ITEMS Approval of all Ordinances and Resolutions to be read by tit le only. 8. Adopt Resolution of the City Council Ordering the Collection of Weed Abatement Charges and Directing the County Auditor to Collect Such Fees on the Tax Rolls Recommended Action: Waive the full reading and adopt by title only “A Resolution of the City Council of the City of Beaumont, California, Ordering the Collection of Weed Abatement Charges and Directing the County Auditor to Collect Such Fees on the Tax Rolls.” 9. Review of Local Emergency Declaration Established via the Adoption of City of Beaumont Resolution No. 2020-07 Adopted on March 17, 2020 Recommended Action: City staff recommends that there be no change regarding the local emergency declaration. This is due to the fact that there have been no significant changes in the original conditions, a State emergency declaration remains in effect and local emergency declaration helps to ensure that Beaumont remains eligible for federal and state emergency aid. 10. Direction to City Staff Regarding the Establishment of a Business Assistance Program (BAP) for Local Businesses That Have Experiences COVID-19 Related Losses Recommended Action: City staff is looking for City Council direction and action to develop and implement a small business grant program to be called the Beaumont Business Assistance Program (BAP). LEGISLATIVE UPDATES AND DISCUSSION 11. Townsend Legislative Update 4 COUNCIL REPORTS - Carroll - Lara - Martinez - Santos - White CITY TREASURER REPORT Finance and Audit Committee Report Out and City Council Direction CITY CLERK REPORT CITY ATTORNEY REPORT 12. Status of Pending Litigation CITY MANAGER REPORT FUTURE AGENDA ITEMS ADJOURNMENT 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, Augus t 18, 2020, 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. 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CITY COUNCIL CLOSED & REGULAR SESSION 550 E. 6th Street, Beaumont, CA Tuesday, July 21, 2020 Closed Session: 5:00 PM | Regular Meeting: 6:00 PM MINUTES MEETING PARTICIPATION NOTICE This meeting will be conducted utilizing teleconference communications and will be recorded for live streaming as well as open to public attendance subject to social distancing and applicable health orders. All City of Beaumont public meetings will be available via live streaming and made available on the City's official YouTube webpage. Please use the following link during the meeting for live stream access. BeaumontCa.gov/Livestream Public comments will be accepted using the following options. 1. Written comments will be accepted via email and will be read aloud during the corresponding item of the meeting. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council. Comments can be submitted anytime prior to the meeting as well as during the meeting up until the end of the corresponding item. Please submit your comments to: NicoleW@BeaumontCA.gov 2. Phone-in comments will be accepted by joining a conference line prior to the corresponding item of the meeting. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council. Please use the following phone number to join the call: (800) 369- 1985 (Toll Free) Access Code: 4421618 3. In person comments subject to the adherence of the applicable health orders and social distancing requirements. In compliance with the American Disabilities Act, if you require special assistance to participate in this meeting, please contact the City Clerk's office using the above email or call (951) 571-3196. Notification 48 hours prior to a meeting will ensure the best reasonable accommodation arrangements. 176 Item 2. CLOSED SESSION - 5:00 PM 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 5:02 p.m. Present: Mayor Santos, Mayor Pro Tem Lara, Council Member Carroll, Council Member Martinez, Council Member White Public Comments Regarding Closed Session No speakers. 1. Conference with Labor Negotiators - Pursuant to Government Code Section 54957.6 City Designated Representatives City Manager Todd Parton and Administrative Services Director Kari Mendoza. Employee Organizations: Beaumont Police Officers Association No reportable action. 2. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) and/or (3) of subdivision (d) of Section 54956.9: One potential case No reportable action. 3. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) and/or (3) of subdivision (d) of Section 54956.9: One potential case No reportable action. Adjourn to Regular Session 177 Item 2. REGULAR SESSION - 6:00 PM CALL TO ORDER at 6:04 p.m. Present: Mayor Santos, Mayor Pro Tem Lara, Council Member Carroll, Council Member Martinez, Council Member White Report out from Closed Session: see above Action on any Closed Session items: None Action of any requests for Excused Absence: None Pledge of Allegiance Approval / Adjustments to the Agenda: None Conflict of Interest Disclosure: None ANNOUNCEMENTS/ RECOGNITION / PROCLAMATIONS / CORRESPONDENCE The Deputy City Clerk stated "Recently a notice was mailed out from Waste Management regarding outstanding solid waste balances due. On the letter it was stated that during the council meeting tonight it would conduct a public hearing on delinquent solid waste collection charges. However, due to public hearing requirements this hearing will be held on August 4, 2020." 1. Beaumont Police Department Officer of Year Recognition Officer Chapparosa was announced as Officer of Year. 2. Purple Heart Day Recognition 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. No speakers. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. Approval of all Ordinances and Resolutions to be read by title only. 3. Approval of Minutes Recommended Action: Approve Minutes dated July 7, 2020. 178 Item 2. 4. Beaumont Unified School District Agreement for Livescan Fingerprinting Recommended Action: Approve the agreement with the Beaumont Unified School District for Livescan services. 5. Adoption of a Resolution Authorizing the City Manager to Accept the Offers of Dedication for Park Purposes for DeForge Park (APNs 419-612-001, 419-591-024 and 419-591-025) Recommended Action: Waive the full reading and adopt by title only, “A Resolution of the City of Beaumont Authorizing the City Manager to Accept the Offers of Dedication for Park Purposes” and authorize staff to record the certificates of acceptance of an interest in real property by the City of Beaumont. 6. FY 2020 General Fund and Wastewater Fund Update Through May 2020 Recommended Action: Review and file. Motion by Council Member White Second by Council Member Martinez To approve the Consent Calendar Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Approved by a unanimous vote PUBLIC HEARINGS Approval of all Ordinances and Resolutions to be read by title only. 7. Continued Public Hearing to Consider Proposed Addition of Chapter 8.55 Regulation of Shopping Carts to the Beaumont Municipal Code Public Hearing continued from July 7, 2020 No speakers Public Hearing closed at 6:43 p.m. Motion by Mayor Pro Tem Lara Second by Council To waive the first full reading and approve by title only, the addition of “Chapter 8.55 Regulation of Shopping Carts” to the Beaumont Municipal Code. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos 179 Item 2. Approved by a unanimous vote 8. Conduct a Public Hearing and Consider Resolution Approving a Subscription Agreement with ChargePoint and Establishing A Fee Schedule for Electric Vehicle Charging Stations Public Hearing opened at 6:53 p.m. R. Roy – Asked that electrical vehicle charging stations be incorporated in all future infrastructure. Public Hearing closed at 6:56 p.m. Motion by Council Member Martinez Second by Council Member Carroll To waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont, California, Approving a Subscription Agreement with ChargePoint and Establishing a Fee Schedule for Electric Vehicle Charging Stations,” and Authorize the Mayor to execute the subscription agreement with ChargePoint. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Approved by a unanimous vote 9. Conduct a Public Hearing and Consider Amendment No. 1 to the Development Agreement (PLAN2019-0336) for the Hidden Canyon Specific Plan, a 2.89 Million Square Foot Industrial Business Park (Hidden Canyon Industrial Park); Located at the Western Terminus of Fourth Street, South of State Highway 60, East of Jack Rabbit Trail Public Hearing opened at 7:10 p.m. R. Roy - Shared comments regarding development agreements. Public Hearing closed at 7:15 p.m. Motion by Council Member White Second by Mayor Santos To waive the full reading and adopt by title only the first reading of “An Ordinance of the City Council of the City of Beaumont, California, Approving an Amended and Restated Development Agreement by and Between the City of Beaumont and MPLD II Inland Empire, LLC.” Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Approved by a unanimous vote ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. 180 Item 2. 10. Proposed Refunding of Outstanding Bonds Related to Improvement Areas 8C and 17B of Community Facilities District No. 93-1 Consensus to remove the escalator in Improvement Area 17B, and to keep the escalator in Improvement Area 8C. Motion by Council Member White Second by Council Member Martinez To waive the Full Reading and Adopt by Title Only, “A Resolution of the City Council of the City of Beaumont Acting as Legislative Body of Community Facilities District No. 93- 1, Authorizing the Issuance of Special Tax Refunding Bonds and Taking Other Actions in Connection Therewith” and Recess the City Council Meeting. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Approved by a unanimous vote Motion by Council Member White Second by Council Member Martinez To convene a Meeting of the Board of Directors of the Beaumont Financing Authority at 8:37 p.m. and Waive the Full Reading and Adopt by Title Only, “A Resolution of the Board of Directors of the Beaumont Financing Authority Approving the Execution of Escrow Agreements in Connection with the Refunding of Certain Local Agency Revenue Bonds of the Authority and Special Tax Bonds of the City of Beaumont Community Facilities District No. 93-1, and Taking Certain Other Actions in Connection Therewith”, and Adjourn the Board Meeting. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Approved by a unanimous vote Motion by Council Member White Second by Mayor Pro Tem Lara To convene a Meeting of the Board of Directors of the Beaumont Public Improvement Authority at 8:38 p.m. and waive the Full Reading and Adopt by Title Only, “A Resolution of the Board of Directors of the Beaumont Public Improvement Authority, Riverside County, California, Authorizing the Issuance of its Local Agency Refunding Bonds, in One or More Series, in an Aggregate Principal Amount of Not-to-Exceed Twenty Million Dollars ($20,000,000) and Approving Certain Documents and Taking Other Actions in Connection Therewith” and Adjourn the Board Meeting and Reconvene the City Council Meeting. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Approved by a unanimous vote 181 Item 2. 11. Annual Resolution Directing the Riverside County Auditor-Controller to Place the Levy of Special Taxes for the City's Community Facilities Districts on the Fiscal Year 2020-2021 County Tax Roll Motion by Council Member White Second by Mayor Santos To waive the full reading and adopt by title only “A Resolution of the City Council of the City of Beaumont, California, Levying the Special Tax in Community Facilities Districts No. 93-1, 2016-1, 2016-2, 2016-3, 2016-4, 2018-1 & 2019-1 and Directing the County Auditor to Collect the Same on the Tax Rolls (93-1, 2016-1, 2016-2, 2016-3, 2016-4, 2018- 1 & 2019-1)” Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Approved by a unanimous vote Motion by Council Member Martinez Second by Mayor Pro Tem Lara To waive the full reading and adopt by title only “A Resolution of the City Council of the City of Beaumont, California, Levying the Special Tax in Community Facilities Districts No. 93-1 (IA 18) and Directing the County Auditor to Collect the Same on the Tax Rolls (IA 18)” Ayes: Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Recused: Council Member White Approved by a 4-0 vote. Motion by Council Member Martinez Second by Council Member White To waive the full reading and adopt by title only “A Resolution of the City Council of the City of Beaumont, California, Levying the Special Tax in Community Facilities Districts No. 93-1 (IA 14 & 14A) and Directing the County Auditor to Collect the Same on the Tax Rolls (IA 14 & 14A)” Ayes: Council Member Carroll, Council Member Martinez, Mayor Pro Tem Lara, Mayor Santos Recused: Council Member Carroll Approved by a 4-0 vote. 182 Item 2. Motion by Council Member White Second by Mayor Pro Tem Lara To waive the full reading and adopt by title only “A Resolution of the City Council of the City of Beaumont, California, Levying the Special Tax in Community Facilities Districts No. 93-1 (IA 9) and Directing the County Auditor to Collect the Same on the Tax Rolls (IA 9)” Ayes: Council Member White, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Recused: Council Member Martinez Approved by a 4-0 vote. Motion by Council Member White Second by Mayor Pro Tem Lara To waive the full reading and adopt by title only “A Resolution of the City Council of the City of Beaumont, California, Levying the Special Tax in Community Facilities Districts No. 93-1 (IA 17A) and Directing the County Auditor to Collect the Same on the Tax Rolls (IA 17A)” Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara Recused: Mayor Santos Approved by a 4-0 vote. 12. Analysis of Use of Force Policies of the Beaumont Police Department Public Comment R. Roy - Expressed concerns regarding police policies. Motion by Council Member Martinez Second by Mayor Santos To receive and file. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Approved by a unanimous vote. 13. Purchase of Three Ford Explorer Police Interceptors and One Ford Escape for the Police Department Motion by Council Member Martinez Second by Mayor Santos To authorize staff to retire and auction the listed vehicles from the Police Department fleet at a cost of $870.00, 183 Item 2. Authorize staff to purchase four Police Vehicles in the total amount of $144,135.91 from National Auto Fleet Group, and Authorize staff to purchase emergency equipment and installation for all vehicles, in the amount not to exceed $41,031.70 from West Coast Lights and Siren. 14. Update on the Highland Springs/I-10 Interchange Project Public Comment R. Roy - Spoke in support of the diverging diamond option and requested the addition of transit dedicated lanes and pedestrian lanes. Motion by Council Member White Second by Mayor Santos To receive and file the Highland Springs Interchange Update. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Approved by a unanimous vote 15. Rejection of Bid in Response to a Request for Proposal for Weed Abatement Services Motion by Council Member White Second by Council Member Lara To reject the proposal from Mariposa Landscapes, Inc. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Approved by a unanimous vote 16. Approve Payment Wildland Protection Invoice from Cal Fire Motion by Council Member White Second by Council Member Martinez To approve payment of the invoice for wildland fire protections services to the Department of Forestry and Fire Protection in the amount of $43,338.12. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Approved by a unanimous vote 17. Discussion and Direction Regarding Western Riverside Council of Governments (WRCOG) Proposed Programs for Fiscal Year 2021 184 Item 2. Consensus of the disapproval of the the programs presented by WRCOG, direction was given to Mayor Pro Tem Lara to express the concerns to WRCOG. 18. Discussion and Direction to City Staff Regarding the Use of the City of Beaumont’s CARES Act Relief Fund Allocation Direction to reevaluate the proposed allocations to provide assistance for daycare cost assistance. 19. Approval of City Attorney Invoices for the Month of June 2020 Motion by Council Member White Second by Mayor Santos Approve invoices in the amount of $97,745.65 Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Absent: Mayor Pro Tem Lara (due to technical difficulties) Approved by a 4-0 vote. LEGISLATIVE UPDATES AND DISCUSSION 20. Townsend Legislative Update COUNCIL REPORTS - Carroll - Proposed Veteran presentations in the future - Lara - Asked for information to be pushed out to the public regarding a specific good story from the Police Department and information about the pool. - Martinez - Attended the Finance and Audit Committee Meeting - Santos - No report - White - No report ECONOMIC DEVELOPMENT UPDATE Economic Development Committee Report Out and City Council Direction CITY TREASURER REPORT Finance and Audit Committee Report Out and City Council Direction CITY CLERK REPORT Deputy City Clerk gave a report of the Public Records requests from June. 185 Item 2. CITY ATTORNEY REPORT City Attorney John Pinkney gave a brief update of current litigation. CITY MANAGER REPORT Spoke to the intent of technology enhancements in regards to the phone bridge, gave an update to the new projects throughout the City. FUTURE AGENDA ITEMS ADJOURNMENT at 12:18 a.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, August 4 2020, 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 186 Item 2. Staff Report TO: City Council FROM: Christina Taylor, Community Development Director DATE August 4, 2020 SUBJECT: Second Reading and Adoption of an Ordinance Amending and Restating the Development Agreement (PLAN2019-0336) for the Hidden Canyon Specific Plan, a 2.89 Million Square Foot Industrial Business Park (Hidden Canyon Industrial Park); Located at the Western Terminus of Fourth Street, South of State Highway 60, East of Jack Rabbit Trail Background and Analysis: The subject site, known as the Hidden Canyon Specific Plan, is located along the south side of State Route 60 in the westerly-most area of the City of Beaumont. 187 Item 3. The site has been subject to other various entitlement activities in the past, as follows: Beaumont Gateway Specific Plan When owned by the Lockheed Corporation, the site received specific plan and tentative tract approval in 1995 for 573 dwelling units, with a minimum lot size of 5,000 square feet. Due to economic and market considerations at t hat time, the project never moved forward with development. Wyle Laboratories Test Facility Wyle Laboratories subsequently acquired the site and received City approval in 2001 for a zone change and general plan amendment for an industrial designation, and a conditional use permit for operation of a small industrial testing facility on the site. Hidden Canyon Specific Plan (2005) CRV-SC Beaumont Partners, LP received City approval in 2005 for the entitlement for a maximum of 426 residential lots, 19.5 acres of parks and open space, and a 4.8 acre commercial site. Hidden Canyon Industrial Specific Plan (2012) Amendment to the specific plan changing the land use designations from residential to industrial and providing for up to 2.89 million square feet of industrial floor space. This is the currently entitled status for this site. Plot Plan Approval 11-PP-04 Plot Plan was approved by the Planning Commission on February 14, 2012 , and is now expired. 16-PP-02 Plot Plan was re-approved by the City Council on September 6, 2016, and is now expired. Plot Plan PP2018-0134 is the current entitlement, approved by the Planning Commission on November 13, 2018, and was extended by the Planning Commission until November 13, 2020. The development agreement approved in December 2020, extended this entitlement until November 13, 2027. The approved specific plan, environmental impact report (EIR) addendum, and 2012 staff report are available for review on the City’s Transparency Portal website within Community Development/Specific Plans. The original development agreement had two main items: 188 Item 3.  The extension of the entitlements for Plot Plan 2018 -0134 for a period of seven (7) years from the current expiration date. Under the proposed development agreement, the expiration date would be November 13, 2027, and  The allowance of assignment or transfer of the development agreement. The proposed amendment to the development agreement will address the following:  Establishing a maximum allowable sewer flow. At this time, an end user for the development has not been disclosed. Based on current sewer infrastructure, the sewer treatment plant expansion and proposed improvements in the area surrounding the development, establishing a maximum sewer flow is necessary to ensure the integrity of the City’s system and to ensure capacity is available to serve an occupant. If an occupant for the development will require more capacity than the proposed cap allows, a reassessment will be necessary and mitigation for any identified impacts will be required. The amendment to the development agreement proposes adding the following language regarding the maximum allowable sewer flow: Section 9. Vested Rights and Applicable Rules, Regulations and Policies (e) “Sewer flow from the Crossroads II Project shall be limited to the amount provided in the June 1, 2020, dated Sewer Study prepared by Thienes Engineering, titled “SEWER AREA STUDY AND PRELIMINARY LIFT STATION DESIGN FOR BEAUMONT CROSSROADS II LOGISTICS”, which study has been accepted by the City. The maximum sewer flow from the Project shall not be greater than a projected cumulative 139,679 gallons per day (gpd) peak flow for the Project at any given time. Any actual or projected exceedance in the projected maximum flow generated by the Project as determined by City shall be reassessed for sewer system impacts by City and mitigated by Developer accordingly. All sewer discharges from the Project shall comply with the applicable provisions of law, regulations, policies and orders including, but not limited to, those contained in the Beaumont Municipal Code”..” Both the City and the applicant have agreed to this language and the means by which the need for excess flow will be addressed. Environmental Documentation: An EIR was prepared and certified in 1995 for the Beaumont Gateway Specific Plan, and the later Hidden Canyon addendums in both 2005 and 2012, assessing the environmental impacts of the project and subsequent implementation steps, including subdivision of the site, for the same project. The EIR and the findings made by the City Council remain valid. This development agreement amendment is not subject to CEQA, as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (14 CCR Section 15061(b)(3)). 189 Item 3. Findings: The guidelines for development agreements are established in City of Beaumont Resolution No. 1987-34. This resolution requires City Council to make the following findings: 1. The proposed agreement is consistent with the objectives, policies, general land use and programs specified in the General Plan; The proposed amendment to the development agreement is consistent with the General Plan and its goals, objectives and policies. Specifically, approval of this amendment will help facilitate a development which is an avenue for new employment, improvements to infrastructure and circulation. 2. The proposed agreement facilitates land uses which are compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the real property is located; The proposed development agreement amendment has no impact on zoning or land use on the property or in the surrounding area. There are no proposed changes to the zoning, land use or project approvals as a result of this amendment. 3. The proposed agreement is in conformity with public convenience, general welfare and good land use practice; The development agreement amendment has no impact on land use or compatibility with the surrounding area. The limits on sewer discharge as a result of this project will add to the public convenience and improve the general welfare of the businesses and residents in the area by ensuring existing and proposed infrastructure can adequately serve the public. 4. The proposed agreement will not be detrimental to the health, safety and general welfare; Approval of the amendment to the development agreement will have no impact on the health, safety or welfare of the City, the surrounding area or its residents. The amendment to this agreement, through the imposition of conditions, will not have a detrimental effect on the health, safety or general welfare of the City or its residents and will ensure the existing and proposed infrastructure can adequately serve the public. 5. The proposed agreement will not adversely affect the orderly development of property or the preservation of property values; Approval of this development agreement amendment will help facilitate the orderly development of infrastructure and related facilities. Approval of this agreement 190 Item 3. amendment will not have a negative effect on orderly development or preservation of property rights and is agreed to by both the City and the property owner. There are no unusual or changed circumstances at this site that would affect the entitlements or consideration of amendment to the development agreement. All of the required findings can be made in a positive manner. Fiscal Impact: Cost of staff time and legal review for preparation of this report is covered by the development agreement deposit on file. Recommended Action: Waive the second full reading and adopt by title only the “An Ordinance of the City Council of the City of Beaumont, California, Approving an Amended and Restated Development Agreement by and Between the City of Beaumont and MPLD II Inland Empire, LLC.” Attachments: A. Ordinance B. Restated and Amended Development Agreement C. Sewer & Preliminary Lift Station Design for Beaumont Crossroads II Logistics 191 Item 3. 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, APPROVING AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BEAUMONT AND MPLD II INLAND EMPIRE, LLC WHEREAS, City is a general law city and a municipal corporation of the State of California; and; WHEREAS, MPLD II INLAND EMPIRE, LLC (“Owner”) owns approximately 198.38 acres of land, described in Exhibit “A” ("Subject Property") attached hereto and incorporated herein by this reference also known as Assessor’s Parcel No. 424-010-011 through 424-010-018, inclusive, located within an existing specific plan known as the Hidden Canyon Specific Plan, located south of SR-60 west of Potrero Boulevard and east of Jack Rabbit Trail in the City of Beaumont; and WHEREAS, City approved that certain DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF BEAUMONT AND MPLD II INLAND EMPIRE, LLC dated December 3, 2019 which currently applies to the Property and City and developer desire to amend and restate the original Development Agreement as provided in this Agreement and supersede and replace the original Development Agreement. WHEREAS, the property owner and the City agree to limitations on sewer flow as specified in the Amended and Restated Development Agreement as determined in the “Sewer Area Study and Preliminary Lift Station Design for Beaumont Crossroads II Logistics”; and WHEREAS, the Subject Property is subject to the following entitlements: General Plan Amendment 11-GPA-02, Hidden Canyon Specific Plan 11-SPA-01, Hidden Canyon EIR and Addendum, Parcel Map 36426 and Plot Plan PP2018-0134 (“Development Approvals” or “Project”); and WHEREAS, the Project will provide jobs and industry in the City of Beaumont; and WHEREAS, Developer is not requesting any form of financial assistance from City to locate, develop, construct and/or operate the Project in the City of Beaumont, and agrees to comply with all conditions of approval; and WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Sections 65864 et seq. of the California Government Code, "Development Agreement Statute" which authorizes cities to enter into property development agreements with any person(s) or entity(ies) having a legal or equitable interest in real property for the development of such rea l property in order to establish certain development rights in the real property; and WHEREAS, under Government Code Sections 65864 et seq. and Beaumont City 192 Item 3. 2 Council Resolution No. 1987-34 a development agreement is intended to provide assurances to developer that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval, and provide assurances that City cannot otherwise unilaterally impose conditions of approval of the project outside the context of a negotiated development agreement; and WHEREAS, this Agreement will eliminate uncertainty in planning for and secure orderly development of the Subject Property, assure progressive installation of necessary improvements, and ensure attainment of the maximum effective utilization of resources within City at the least economic cost to its citizens; and WHEREAS, based on the foregoing recitals, City has determined that this Agreement is appropriate under Government Code Sections 65864 et seq. and Beaumont City Council Resolution No. 1987-34; and WHEREAS, this Agreement is voluntarily entered into in consideration of the benefits to and the rights created in favor of each of the parties hereto and in reliance upon the various representations and warranties contained herein; and WHEREAS, City, as "Lead Agency" under the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, has determined that the "Project," as more fully described in this Ordinance, has been fully analyzed under CEQA and CEQA Guidelines and is subject to a certified EIR and addendum. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1. RECITALS That the above Recitals are true and correct and are incorporated as though fully set forth herein. SECTION 2. APPROVAL OF AMENDED AND RESTATED DEVELOPMENT AGREEMENT That the City Council hereby approves the Amended and Restated Development Agreement by and Between the City of Beaumont and MPLD II Inland Empire, LLC ("Development Agreement"), a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference, subject to the terms and conditions stated therein. SECTION 3 . SEVERABILITY That the City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or decla red invalid by any final court 193 Item 3. 3 action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect. SECTION 4. EFFECTIVE DATE OF ORDINANCE That this Ordinance shall take effect thirty (30) days after its second reading by the City Council. SECTION 5. EFFECTIVE DATE OF DEVELOPMENT AGREEMENT The Development Agreement shall not be executed by the City until on or after the effective date of the Ordinance. SECTION 6. REPEAL OF CONFLICTING PROVISIONS That all the provisions of the Beaumont Municipal Code as heretofore adopted by the City of Beaumont that are in conflict with the provisions of this ordinance are hereby superseded to the extent of such inconsistency. SECTION 7. RECORDATION OF DEVELOPMENT AGREEMENT The City Clerk is hereby directed to record the fully executed Amended and Restated Development Agreement with the Riverside County Recorder no later than ten (10) days after its execution. SECTION 8. CERTIFICATION That the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law. INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 21st day of July, 2020, 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 __th day of August, 2020. AYES: NOES: ABSENT: ABSTAIN: 194 Item 3. 4 _______________________ Ray Santos, Mayor Attest: ______________________ Nicole Wheelwright, Deputy City Clerk Approved as to form: _________________________ John O. Pinkney, City Attorney EXHIBIT “A” 195 Item 3. 5 EXHIBIT “B” 196 Item 3. 1 RECORDING REQUESTED BY: City of Beaumont WHEN RECORDED MAIL TO: City of Beaumont 550 E. 6th Street Beaumont, CA 92223 Attention: City Manager's Office ___________________________________________________________________________________________ (SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE) Exempt from Recording Fees Pursuant to Government Code Section 27383 APN: 424-010-011 through 424-010-018 AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF BEAUMONT AND MPLD II INLAND EMPIRE, LLC This Amended and Restated Development Agreement ("Agreement") is entered into this _21_ day of __JULY___, 2020, by and between CITY OF BEAUMONT, a general law city and municipal corporation located in the County of Riverside, State of California ("City"), and MPLD II INLAND EMPIRE, LLC, a Delaware limited liability partnership ("Developer") pursuant to the authority of Sections 65864 et seq. of the California Government Code and Beaumont City Council Resolution No. 1987-34. RECITALS: WHEREAS, City is a general law city and a municipal corporation of the State of California; and; WHEREAS, Developer owns approximately 198.38 acres of land the legal description of which is attached hereto and incorporated herein by reference in Exhibit "A" ("Subject Property") (Assessor Parcel Nos. 424-010-011 through 424-010-018, inclusive), subject to an existing specific plan known as the Hidden Canyon Specific Plan, located south of SR-60, west of Potrero Boulevard and east of Jack Rabbit Trail in the City of Beaumont; and WHEREAS, City approved that certain DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF BEAUMONT AND MPLD II INLAND EMPIRE, LLC dated ____, 2019 which currently applies to the Property and City and developer desire to amend and restate the original Development Agreement as provided in this Agreement and supersede and replace the original Development Agreement. and 197 Item 3. 2 WHEREAS, the Subject Property is subject to the following entitlements: General Plan Amendment 11-GPA-02, Hidden Canyon Specific Plan 11-SPA-01, Hidden Canyon EIR and Addendum, Parcel Map 36426 and Plot Plan PP2018-0134 (as extended on October 8, 2019) ("Entitlements"); and WHEREAS, the permitted uses of the Property are industrial uses being Trucking Terminal, Industrial Complex, Wholesale, Distribution and Storage, Administrative Offices and Other Uses determined to be substantially similar; the density and intensity of use is up to 2.89 million square feet of distribution warehouses, maximum allowable lot coverage 55%; the maximum height of the proposed buildings is 50 feet above building finish floor elevation, the current approved size of Building 1 is 1,867,040 sf and the current approved size of Building 2 is 1,015,280 sf, minor modifications to building size and design are allowed per the specific plan as long as the maximum square footage is not exceeded; the specific provisions for reservation or dedication of land for public purposes are that Lots A & B of Parcel Map dedicated for streets and public utilities, Parcel A is open space, Parcel B is a retention basin and Parcel C is an open space area (collectively, the "Project"); and WHEREAS, the Project will provide jobs and industry in the City of Beaumont; and WHEREAS, Developer is not requesting from the City, nor is the City providing, any form of financial assistance to locate, develop, construct and/or operate in the City of Beaumont, and Developer agrees to comply with all conditions of approval; and WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Sections 65864 et seq. of the California Government Code, "Development Agreement Statute" which authorizes cities to enter into property development agreements with any person(s) or entity(ies) having a legal or equitable interest in real property for the development of such real property in order to establish certain development rights in the real property; and WHEREAS, this Development Agreement is intended to provide assurances to Developer that an approved Project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the Project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval, and provide assurances that City cannot otherwise unilaterally impose conditions of approval of the Project outside the context of the negotiated development agreement; and WHEREAS, this Agreement will eliminate uncertainty in planning for and securing orderly development of the Subject Property, assure installation of necessary improvements, and ensure attainment of the maximum effective utilization of resources within the City at the least economic cost to its citizens; and WHEREAS, based on the foregoing recitals, City has determined that this Agreement is appropriate under the Development Agreement Statute and Beaumont City 198 Item 3. 3 Council Resolution No. 1987-34; and WHEREAS, this Agreement is voluntarily entered into in consideration of the benefits to and the rights created in favor of each of the parties hereto and in reliance upon the various representations and warranties contained herein; and WHEREAS, City, as "Lead Agency" under the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, has determined that the "Project," as more fully described in this Agreement, has been fully analyzed per CEQA Guidelines under the existing EIR and Addendum for the Project. NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Statute and Beaumont City Council Resolution No. 1987-34 and in consideration of the mutual covenants and promises of the parties contained herein, the Parties agree as follows: AGREEMENT: Section 1. Incorporation of Recitals and Exhibits The foregoing Recitals and attached Exhibits are true and correct and are incorporated into this Agreement by this reference as though fully set forth herein. Section 2. Effective Date This Agreement shall become effective on the effective date ("Effective Date") of the ordinance enacting this Agreement ("Enacting Ordinance"). Section 3. Term The parties agree that the Term of this Agreement shall be for a term of seven (7) years commencing on the Effective Date, subject to any termination provisions described in this Agreement ("Term"). Section 4. Project The "Project" will include the development of up to 2.89 million square feet of industrial development with associated on and off-site improvements and landscaping on the Subject Property, which consist of approximately 198.38 acres of vacant land in the Hidden Canyon Specific Plan, subject to the following Entitlements: General Plan Amendment 11- GPA-02, Hidden Canyon Specific Plan 11-SPA-01, Hidden Canyon EIR and Addendum, Parcel Map 36426 and Plot Plan PP2018-0134 (as extended on October 8, 2019). 199 Item 3. 4 Section 5. Project Site The "Project Site" is the same as the Subject Property, which consists of approximately 198.38 acres of vacant land in the Hidden Canyon Specific Plan, located south of SR-60, west of Potrero Boulevard and east of Jack Rabbit Trail, in the City of Beaumont, California. Section 6. Termination This Agreement shall be terminated and of no further effect upon the occurrence of any of the following events: (a) The expiration of the Term of this Agreement; or (b) Entry of final judgment or issuance of a final order by a court of competent jurisdiction directing City to set aside, withdraw, or abrogate City's approval of this Agreement or any material part of the Entitlements; (c) The effective date of City's election to terminate this Agreement in response to an uncured default by Developer, pursuant to the terms of this Agreement; or (d) The effective date of Developer's election to terminate this Agreement for any reason. In the event of a termination of this Agreement with respect to any portion of the Project or Project Site, any then-existing rights and obligations of the parties under this Agreement with respect to such portion of the Project or Project Site shall automatically terminate and be of no further force, effect or operation. No termination of this Agreement with respect to any portion of the Project or Project Site shall affect in any way the parties' rights and obligations hereunder with respect to any other portion of the Project or Project Site. If City lawfully terminates this Agreement because of Developer's default, then City shall retain any and all benefits, including without limitation any money, improvements, structures, easements or dedications received by City pursuant to any term or condition of this Agreement. Section 7. Cooperation by Developer Developer shall, in a timely manner, provide City with all documents, applications, plans and other information necessary for City to carry out its obligations under this Agreement and cause its planners, engineers and other consultants to do the same. Developer also shall apply in a timely manner for such other permits and approvals from other governmental or quasi- governmental agencies having jurisdiction over the Project or Project Site as may be required for the development or operation of the Project or Project Site, as contemplated by this Agreement. For the avoidance of doubt, nothing in this Agreement shall be construed to require Developer to develop, construct, open or operate on the Project Site. Except as provided to the contrary in Sections 23 and 24 regarding Hold Harmless and Indemnity, Developer shall have no obligations under this Agreement for matters that occur or obligations that arise with respect to any portion of the Project Site after it has transferred such portion of the Project Site to another party so long as Developer has complied with 200 Item 3. 5 Section 17 hereof by providing notice to the City or obtaining the City's approval to the extent required in Section 17. Section 8. Processing Fees Notwithstanding anything else herein, Developer shall pay all applicable fees pursuant to the Beaumont Municipal Code and established Fee Schedule in the amounts set forth in the schedule of fees in effect at the time such fees are due and payable during the development process. Without limiting the forgoing such fees will include grading permit fees, building permit fees and other similar fees. Section 9. Vested Rights and Applicable Rules, Regulations and Policies (a) Except as otherwise provided in this' Agreement, Developer shall have the vested right to develop the Project and Project Site pursuant to the Entitlements and the rules, regulations, and policies governing use, density, design, improvement, construction, maximum height and size of proposed buildings in effect on the Effective Date of this Agreement (collectively, "Applicable Law"). It is the intent of City and Developer that the vesting of development rights of Developer shall include the permitted land uses, density and intensity of use of the Project Site, timing or phasing of development, zoning, and the location and size of public improvements and other terms and conditions of development of the Project or Project Site as set forth in the Entitlements and this Agreement. Except in the event of termination of this Agreement under Section 6, the Entitlements associated with the Project shall not expire prior to the end of the Term. In addition, pursuant to the City's policies, if, prior to the expiration of the Term of this Agreement, Developer has completed either Building 1 or Building 2, and all public and private improvements required in relation thereto and an unconditional Certificate of Occupancy has been issued by City, the Entitlements relative to such building shall have been deemed satisfied as it relates to this Agreement and the Entitlements for the remaining building to be constructed will continue in effect as otherwise provided in this Agreement. (b) In accordance with Government Code Section 65866, nothing herein shall be construed to limit City's authority in subsequent actions applicable to the Property, to apply new rules, regulations and policies to the Project or Project Site which do not conflict with the Applicable Law or this Agreement, nor to limit City's police power to implement, based upon appropriate and adequate findings, specific emergency measures necessary to protect against real and actual threats to the health, safety and welfare of the general public. Nor shall this Development Agreement prevent the City from denying or conditionally approving any subsequent development project application on the basis of these existing or new rules, regulations, and policies. (c) Notwithstanding anything to the contrary contained in this Agreement, City shall apply to the Project or Project Site, at any time during the term of this Agreement, the codes then in effect, as set forth in Title 15 of the Beaumont Municipal Code "Buildings and Construction". (d) As provided in California Government Code Section 65869.5, this Agreement 201 Item 3. 6 shall not preclude the application to the Project or Project Site of changes in laws, regulations, plans or policies, to the extent that such changes are specifically mandated and required by changes in state or federal laws or regulations ("Changes in the Law"). In the event Changes in the Law prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended, or performance thereof delayed, as may be necessary to comply with the Changes in the Law, and City and Developer shall take such action as may be required pursuant to this Agreement. (e) “Sewer flow from the Crossroads II Project shall be limited to the amount provided in the June 1, 2020 dated Sewer Study prepared by Thienes Engineering, titled “SEWER AREA STUDY AND PRELIMINARY LIFT STATION DESIGN FOR BEAUMONT CROSSROADS II LOGISTICS”, which study has been accepted by the City. The maximum sewer flow from the Project shall not be greater than a projected cumulative 139,679 gallons per day (gpd) peak flow at any given time. Any actual or projected exceedance in the projected maximum flow generated by the Project as determined by City shall be reassessed for sewer system impacts by City and mitigated by Developer accordingly. All sewer discharges from the Project shall comply with the applicable provisions of law, regulations, policies and orders including, but not limited to, those contained in the Beaumont Municipal Code”. Section 10. Assessments, Fees, Mitigation and Exactions. The City shall not impose any future assessment, fee, mitigation measure or exaction on the Property, the Project or the Development Plan or any portion thereof, except (a) those existing and proposed assessments, fees, mitigation measures and exactions in existence on the date of this Agreement as they may be amended from time to time, (b) such other fees, assessments and exactions as may be adopted or imposed by the City in conformance with the requirements of Article XIII D of the California Constitution, (c) such other development impact fees or categories of development impact fees which are adopted on a City or County-wide basis or as required as a condition to obtaining County funding; and (d) such other development impact fees or categories of development impact fees which are imposed on other development projects in the City and are adopted and levied based on a benefit assessment. Fees payable to City shall be at rates applicable on the date the fee is paid. Section 11. Revisions Developer initiated revisions to the entitlements related to the Project or Project Site shall not require an amendment to this Agreement, provided that City finds and determines that the proposed change or modification is consistent with the development standards and guidelines set forth in this Agreement and Applicable Laws. Section 12. Nexus/Reasonable Relationship Challenges Developer consents to, and waives any rights it may have now or in the future to challenge the legal validity of, the conditions or requirements set forth in this Agreement 202 Item 3. 7 including, without limitation, any claim that they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax. Covenant Not To Sue. The Parties to this Agreement, and each of them, agree that this Agreement and each term hereof is legal, valid, binding, and enforceable. The Parties to this Agreement, and each of them, hereby covenant and agree that each of them will not commence, maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding against any other Party to this Agreement, in law or in equity, or based on an allegation, or assert in any such action, that this Agreement or any term hereof is void, invalid, or unenforceable Section 13. Covenants Binding All of the terms, provisions, and obligations contained in this Agreement shall be binding upon the City and Developer. Notwithstanding anything set forth in this Agreement to the contrary, during the term hereof, the Project and Project Site shall be subject to this Agreement, and any development of any portion of the Project and Project Site shall be subject to and in accordance with the terms of this Agreement. Section 14. Periodic Review City shall conduct a review of this Agreement as set forth as follows: (a) Annual Review. City will review the extent of good faith compliance by Developer with the terms of this Agreement annually commencing on the first anniversary of the Effective Date of this Agreement. (b) Notice. City shall notify Developer in writing of the date of review at least thirty (30) days prior thereto. (c) Cooperation. Developer agrees to reasonably cooperate with City's review process. (d) Failure to Conduct Review. City's failure to conduct an annual review of this Agreement shall not constitute a breach of this Agreement. (e) Certificate of Compliance. If, at the conclusion of a periodic or special review, Developer is found to be in compliance with this Agreement, City shall issue a Certificate of Compliance ("Certificate") to Developer stating that after the most recent periodic or special review, and based upon the information known or made known to City that: (i) this Agreement remains in effect and (ii) Developer is not in default. City shall not be bound by a Certificate if a default existed at the time of the periodic or. special review, but was concealed from or otherwise not known to City, regardless of whether or not the Certificate is relied upon by assignees or other transferees or Developer. 203 Item 3. 8 Section 15. Relationship of Parties It is specifically understood and agreed by and among the parties hereto that the Project is a private development and that neither party is acting as the agent of the other in any respect hereunder. City and Developer also hereby renounce the existence of any form of joint venture or partnership among them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making City and Developer joint venturers or partners. Section 16. No Third Party Beneficiaries The only parties to this Agreement are Developer and City. There are no third- party beneficiaries and this Agreement is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever. Section 17. Assignment of Rights Developer shall have the right to assign or delegate all or a portion of its rights, duties and obligations under this Agreement to subsequent fee owners of the Subject Property, (a) by giving prior written notice to City, to any entity in which Developer, or its principal shareholders, retain a majority ownership interest so long as such assignee expressly assumes the obligations of Developer hereunder, and (b) with the prior written consent of the City, which shall not be unreasonably withheld, to any other subsequent fee owner of the Project or portion thereof. Otherwise, Developer may not assign all or any portion of its rights hereunder nor delegate all or any portion of its duties and obligations hereunder. Notwithstanding the foregoing provisions of this Section 17, without further approval by the City, Developer may assign its rights and obligations hereunder, upon the conveyance of the Subject Property within one hundred twenty (120) days after the Effective Date, to the "Assignee" defined in the Recitals. Developer shall provide the City a copy of a written assignment of Development Agreement to such Assignee within ten (10) days after such conveyance of the Subject Property. When a permitted assignment has taken place pursuant to this Section 17, the assignor shall have no further duties, obligations or rights thereafter under this Agreement with respect to the portion of the Subject Property which is being transferred (except in relation to matters which occurred prior to the date of such transfer as provided in Sections 23 and 24). Section 18. Singular and Plural; Gender; and Person Except where the context requires otherwise, the singular of any word shall include the plural and vice versa; pronouns inferring the masculine gender shall include the feminine gender and neuter, and vice versa; and a reference to "person" shall include, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of business entity. 204 Item 3. 9 Section 19. Time Is of the Essence Time is of the essence of this Agreement and of each and every term and condition hereof. Section 20. Waiver All waivers must be in writing to be effective or binding upon the waiving party, and no waiver shall be implied from any omission by a party to take any action with respect to an Event of Default as defined in this Agreement. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party shall not constitute waiver of such party's right to demand strict compliance and specific performance by the other party in the future. In addition, no express written waiver of any Event of Default shall affect any other Event of Default, or cover any period of time other than as specified in such express waiver. Section 21. Amendments This Agreement may be amended from time to time by mutual consent of the original parties or their successors in interest, with City's costs payable by amendment applicants, in accordance with the provisions of Government Code Sections 65867 and 65868 and City's adopted procedures and requirements for the consideration of amendments to development agreements. Minor revisions, as described above, shall not require an amendment to this Agreement. Section 22. Ambiguities or Uncertainties The parties hereto have mutually negotiated the terms and conditions of this Agreement and each party received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions contained herein. As such, this Agreement is a product of the joint drafting efforts of both parties and neither party shall be deemed to have solely or independently prepared or framed this Agreement. Therefore, any ambiguities or uncertainties are not to be construed against or in favor of either party. Section 23. Hold Harmless Developer hereby agrees to, and shall defend, indemnify and hold harmless City, city council, commissions, boards, subcommittees and City's elected and appointed officials, commissioners, board members, officers, agents, consultants and employees ("City Parties") from, any and all claims, costs and liability for any damages, personal injury or death, which may arise, directly or indirectly, from Developer's or Developer's officers', agents', consultants', employees', contractors' or subcontractors' negligent, willful or reckless conduct performed under or with respect to this Agreement. Developer shall have no obligations under 205 Item 3. 10 this Section 23 (except in relation to matters which occurred prior to the date of such transfer) with respect to any portion or all of the Subject Property after it has transferred and conveyed its fee interest in such portion or all of the Subject Property to a third party. Section 24. Indemnification Developer shall defend, indemnify and hold harmless City, city council, commissions, boards, subcommittees and City's elected and appointed officials, commissioners, board members, officers, agents, consultants and employees ("City Parties") from and against any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys ' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following items: (i) this Agreement and the concurrent and subsequent permits, licenses and entitlements approved by City; (ii) any environmental determination made by City in connection with the Project, Project Site or this Agreement; and (iii) any proceedings or other actions undertaken by City in connection with the adoption or approval of any of the above. In the event of any administrative, legal, equitable action or other proceeding instituted by any thir d party (including without limitation a governmental entity or official) challenging the legality, validity or adequacy of any of the above items or any portion thereof, the Parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, City, at its sole option, may tender the complete defense of any third-party challenge as described herein. In the event City elects to contract with special counsel to provide for such a defense, City shall meet and confer with Developer regarding the selection of counsel, and Developer shall pay all costs related to retention of such counsel by City. Developer shall have no obligations under this Section 24 (except in relation to matters which occurred prior to the date of such transfer) with respect to any portion or all of the Subject Property after it has transferred and conveyed its fee interest in such portion or all of the Subject Property to a third party. Section 25. Delays in Performance In addition to any other provisions of this Agreement with respect to delay, Developer and City shall be excused for performance of their obligations hereunder during any period of delay caused by acts of God or civil commotion; major acts of terrorism occurring in the United States of America, riots, strikes, picketing, or other labor disputes; shortage of materials or supplies; damage to or prevention of work in process by reason of fire, floods, earthquake, or other casualties; litigation, restrictions imposed or mandated by governmental or quasi-governmental entities; and/or enactment of conflicting provisions of the Constitution, laws of the United States of America, the State of California, or any codes, statutes, regulations or executive mandates promulgated thereunder. If written notice of such delay is given to either party within thirty (30) days after the commencement of such delay, an extension of time for such cause shall be granted in writing for the period of the delay, or longer as may be mutually agreed upon. 206 Item 3. 11 Section 26. Events of Default A default under this Agreement shall be deemed to have occurred upon the happening of one or more of the following events or conditions: (i) a warranty, representation, or statement made or furnished by Developer expressly in this Agreement to City or by City to Developer is false or proves to have been false in any material respect when it was made, or (ii) a finding by City made following a periodic review of the Agreement under the procedure provided in this Agreement, base d on substantial evidence, that Developer has not complied in good faith with one or more of the terms or conditions of this Agreement, or (iii) Developer's failure to perform any of its material obligations under this Agreement (each an "Event of Default"). Upon the occurrence of an Event of Default by Developer or City, the non-defaulting party shall provide the other party thirty (30) calendar days written notice specifying the nature of the alleged default and the manner in which said default may be sat isfactorily cured ("Notice of Default"). Subject to any extensions of time by mutual consent of the parties in writing, and subject to the provisions of Sections 25 and 31 of this Agreement, the failure or unreasonable delay by either party to perform any material term or provision of this Agreement for a period of thirty (30) days after the receipt of a written notice of default from the other party shall constitute a default under this Agreement. If the nature of the alleged default is such that it cannot reasonably be cured within such thirty (30) calendar day period, the commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period. Any Notice of Default given hereunder shall specify in detail the nature of the alleged Event of Default and the manner in which such Event of Default may be satisfactorily cured in accordance with the terms and conditions of this Agreement. During the time periods herein specified for cure of an Event of Default, the party charged therewith shall not be considered to be in default for purposes of termination of this Agreement, institution of legal proceedings with respect thereto, or whether any further building permits shall be issued with respect to the Project Site. Section 27. No Ministerial Permits upon Developer Default No ministerial permits, such as but not limited to building permits and grading permits, shall be issued nor shall any applications for such ministerial permits be accepted for any structure or improvement for the Project or on the Project Site during the course of any default proceedings initiated by City until after it has been determined Developer is not in default or until such default is cured by Developer or is waived by City. Section 28. Applicable Law This Agreement shall be construed and enforced in accordance with the laws of the State of California. Section 29. Venue 207 Item 3. 12 In the event that suit is brought by either party to this Agreement, the parties agree that venue shall be exclusively vested in the State courts of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California. Section 30. No Damages Relief Notwithstanding anything else in this Agreement to the contrary, the parties acknowledge that neither would have entered into this Agreement had either been exposed to damage claims for any breach hereof. As such, the parties agree that in no event shall either party be entitled to recover monetary damages of any kind whatsoever (other than the recovery of costs and attorney's fees pursuant to the terms of this Agreement or applicable law) against the other for breach of this Agreement. Section 31. Legal Action; Attorneys' Fees Either party may, in addition to any other rights or remedies, institute legal action to cure, correct or remedy a default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation hereof, or enforce b y specific performance the obligations and rights of the parties hereto. The prevailing party in any such action shall be entitled to its reasonable attorneys' fees and costs to be paid by the losing party. Section 32. Notices Any notice or communication required hereunder among City and Developer shall be in writing, and may be given either personally or by registered mail, return-receipt requested. Notice, by personal delivery, shall be deemed to have been given and received on the actual receipt by any of the addressees designated below as the party to whom notices are to be sent. Notice by registered mail shall be deemed to have been received when delivered by the US Mail service to the recipient. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below: To City: City of Beaumont 550 E. 6th Street Beaumont, CA 92223 Attention: Community Development Director To Developer: MPLD II Inland Empire, LLC a Delaware limited liability limited partnership 208 Item 3. 13 9830 Colonnade Blvd., Suite 600 San Antonio, TX 78230 Attn: Bruce McDonald Section 33. Consistency of Entitlements with Agreement The parties hereto acknowledge that it is their intention that all terms, conditions and obligations of any and all entitlements related to the Project Site and/or Project, or arising from this Agreement shall be consistent with, or at minimum, shall not conflict with, the terms, provisions and obligations of this Agreement. Section 34. Partial Invalidity Due to Governmental Action In the event state or federal laws or regulations enacted after the Effective Date, or formal action of any governmental entity other than City, prevent compliance with one or more provisions of this Agreement, or require changes in plans, maps or permits approved by City, the parties agree that the provisions of this Agreement shall be modified, extended or suspended only to the minimum extent necessary to comply with such laws or regulations. Section 35. Further Actions and Instruments The parties agree to provide reasonable assistance to the other and cooperate to carry out the intent and fulfill the provisions of this Agreement. Each of the parties shall promptly execute and deliver all documents and perform all acts as necessary to carry out the matters contemplated by this Agreement. Section 36. Entire Agreement This Agreement and the exhibits attached hereto contain all the representations and the entire agreement between the parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement and the exhibits attached hereto, any prior correspondence, memoranda, warranties, representations and agreements unless otherwise provided in this Agreement, are superseded in total by this Agreement and the exhibits attached hereto. Section 37. Severability If any term, provision, covenant or condition of this Agreement is repealed by referendum or is held by a court of competent jurisdiction or an authorized government enforcement agency to be invalid, void or unenforceable, the remaining provisions, if any, of this Agreement shall continue in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement. Section 38. Authority to Execute Agreement 209 Item 3. 14 The person or persons executing this Agreement on behalf of Developer and City warrant and represent that they have the authority to execute this Agreement and the authority to bind Developer and City, as applicable, to the performance of their respective obligations hereunder. Section 39. Counterparts This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken together shall constitute one and the same instrument. Section 40. Recordation In order to comply with Section 65868.5 of the Development Agreement Statute, the parties do hereby direct the City Clerk to cause a copy of this Agreement to be recorded with the Riverside County Recorder's Office within ten (10) days after the Enacting Ordinance takes effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the dates written above. CITY OF BEAUMONT APPROVED: __________________________ By: Rey Santos, Mayor ATTEST: By: Steven Mehlman , City Clerk APPROVED AS TO FORM: By: John Pinkney, City Attorney DEVELOPER APPROVED: MPLD II Inland Empire, LLC a Delaware limited liability limited partnership By: MPLD II Inland Empire, LLC a Delaware limited liability company, its General Partner By: ______________________ Name:____________________ Title:_____________________ Date: _____________________ 5291.009.2093655.6 210 Item 3. SEWER AREA STUDY AND PRELIMINARY LIFT STATION DESIGN FOR BEAUMONT CROSSROADS II LOGISTICS 4th Street BEAUMONT, CA 92223 P.M. No. 36426 Prepared for: McDonald Property Group 1140 N. COAST HIGHWAY LAGUNA BEACH, CA 92651 PHONE: (949) 999-2800 Prepared By: TEI PROJECT #3080i Reinhard Stenzel, RCE #56155 Date: June 1, 2020 211Item 3. TABLE OF CONTENTS 1. INTRODUCTION 2. PROJECT DESCRIPTION 3. SEWER CAPACITY ANALYSIS 4. SEWER CAPACITY STUDY RESULTS 5. LIFT STATION DESCRIPTION 6. PRELIMINARY LIFT STATION DESIGN LIST OF EXHIBITS Exhibit 1. Sewer Study Area Map Exhibit 2. Proposed Sewer Sizing Exhibit Exhibit 3. Public Sewer Improvement Exhibit Exhibit 4. Preliminary Sewer Lift Station Layout APPENDICES Appendix A. Sewer Area Study Calculations Appendix B. Hydraulic Calculations Appendix C. EMWD Table 1: Development Densities City of Beaumont General Plan Appendix D. Preliminary Lift Station Pump Design Appendix E. Sewer Improvement Plans Appendix F. Legacy Highlands Site Plan Preserve Phasing Map Jack Rabbit Trail Site Plan 212Item 3. 1. INTRODUCTION The following study is being prepared at the request of the City of Beaumont to verify that the proposed size of public sewer mains, being constructed with the Beaumont Crossroads II Logistics project, will adequately convey the ultimate sewer discharges from all tributary developments. The tributary developments for this study include various properties on the north and south side of 4th Street (see Exhibit 1), bounded on the east by Distribution Way and bounded on the west by the west end of the proposed Jack Rabbit Trail development. A 15” public gravity sewer main and 6” and 16” sewer force mains have been constructed in 4th Street from the Amazon/Wolverine development to the intersection of 4th Street and Potrero Blvd., with a 15” gravity sewer main stubbed to the south and west at Potrero Blvd. A preliminary sewer lift station design is presented based on a 2-phase approach with an interim and ultimate tributary sewer flow as determined by the sewer area study. 2. PROJECT DESCRIPTION The project site will consist of two warehouse buildings. Building 1 (1,867,040 SF), south of 4th Street and Building 2 (1,000,170 SF), north of 4th Street. The project will be responsible to construct new sewer mains in 4th Street from the west end cul-de-sac, west to the proposed public sewer lift station (Line A) and from the intersection with Potrero Blvd east to the proposed lift station (Line B). Refer to attached Exhibit 2. The proposed sewer lift station will be located at the east end of building 1, on the south side of 4th Street. The entire project site and the majority of tributary sewer area study is designated as “Industrial” by the City of Beaumont General Plan Land Use map (see Appendix A) with only the Legacy Highland project being proposed Residential and a portion of the Legacy Highlands and Jack Rabbit Trail projects being Commercial/Retail. 3. SEWER CAPACITY ANALYSIS The City of Beaumont has adopted the Eastern Municipal Water Districts (EMWD) design guidelines for wastewater collection system master plan design. Wastewater Flow (GPD/Acre) based on Land Use Category was obtained from EMWD Table 1 for each tributary land use (see Appendix C). The areas and densities used to determine the proposed flow generated by the Highland Legacy Residential/Warehouse/Commercial projects were obtained from the Legacy Highlands Site Plan and Preserve Phasing Map prepared by SRD Design Studio, Inc. dated 5/19/20 and 6/3/19 (see Appendix E). The areas used to determine the proposed flow generated by the Jack Rabbit Trail Warehouse/Commercial project were obtained from the JRT Site Plan prepared by HPA (see Appendix E). Much of the project site is natural open space, therefore, the actual project area, for use in determining sewer flow, was based on an assumed 50% site coverage for warehouse 213Item 3. use. The known proposed building square footage was multiplied by 2 to obtain site area. The commercial site area is based on the site plan. The Wolverine, Amazon, ASM, Hall, Ricker, Lassen and Beaumont Crossroads II project flows are all based on site area (excluding open space) and warehouse land use. The proposed sanitary sewer pipelines were analyzed using the EMWD Sanitary Sewer System Planning & Design Guidelines. The sewer capacity criteria cites a maximum design capacity at 50% full for new pipes less than 15” and 70% full for new pipes 15” and greater. Each pipe segment is modeled at peak flow, calculated from the average daily flow factor for land use category from EMWD Table 1. A maximum peak flow factor of 2.87 is applied, per EMWD 2015 Master Plan Supplement – Planning and Sizing Criteria. The equation for the tributary sewer discharge is: QDesign = QAve x Peaking Factor Where, QAve = Design Loading Criteria (GPD/Acre) x Service Area (Acres) Pipe capacity calculations were generally provided for the pipe segment with the least slope (s) for each pipe diameter (D) and flow (Q) condition. This would represent the maximum flow depth (d) for a particular reach with similar Q and D. 4. SEWER CAPACITY STUDY RESULTS Sewer flow values used in the capacity analysis can be found in the Sewer Area Study Calculations Tables (see Appendix A). Table 1 reflects interim condition at build out of Beaumont Crossroads II project and Table 2 reflects ultimate condition at buildout of entire sewer study area. The flow depth and velocity of each sewer reach was calculated using AES Hydraulic Elements I software and are presented in Hydraulic Calculations (see Appendix B). The controlling reach for Line A is between Manhole 1 and Manhole 7. The proposed pipe diameter for this reach is 12” with a slope of 0.0040. With a projected Q=0.6664 cubic feet per second (cfs), the velocity (V) is 2.5 feet per second (fps) and the depth is 0.37’. This reach therefore is flowing at 53% of the maximum allowed depth of 50% full. The remainder reaches in Line A are also 12” in diameter with the same Q and slopes greater than 0.0040, therefore these reaches will all meet capacity requirements. 214Item 3. The controlling reach for Line B is between Manhole 10 and the future Lift Station. The proposed pipe diameter for this reach is 15” with a slope of 0.0080. With a projected Q=3.7835 cfs, the V=5.0 fps and the d=0.74’. This reach therefore is flowing at 85% of the maximum allowed depth of 70% full. The remainder reaches in Line B are also 15” in diameter with the same or lesser Q’s and slopes greater than 0.0080, therefore these reaches will all meet capacity requirements. It must be noted that a reach upstream of Line B, the existing pipe between Manhole 17 and the next existing upstream manhole, will be the limiting reach for flow from the east. The existing pipe diameter for this reach is 15” with a slope of 0.0055. With a projected Q=3.6585 cfs, the V=4.3 fps and the d=0.82’. This reach therefore is flowing at 94% of the maximum allowed depth of 70% full. 5. LIFT STATION DESCRIPTION The above sewer area study provides the sewer flow data necessary, per EMWD and City of Beaumont standards, to design a new public sewer lift station that utilizes the two force mains and gravity main installed in 4th Street (see Exhibit 3). In addition, Romtec has provided support for the preliminary design of the lift station and force main capacities. This public lift station will be located on the south side of 4th Street (by easement from Parcel 1 owner), approximately 650 feet west of Cooper’s Creek on Parcel 1 of Parcel Map 36426. The public sewer lift station will be maintained and operated by the City of Beaumont upon completion and activation of Phase 1. Based on the preliminary sewer/lift station study we have concluded a two-phase lift station concept, with both lift stations located side by side in the same easement area (approximately 75’ x 180’), will best meet the interim and ultimate needs. The Phase 1 lift station design will accommodate sewer flow from the existing Wolverine and Amazon buildings and the proposed flow anticipated from the entire Beaumont Crossroads II warehouse project upon full buildout. The Beaumont Crossroads II discharge assumes standard warehouse/ logistics uses (excludes non-food manufacturing or heavy processing sewer needs, if any). The Peak Average Dry Weather Flow from these projects is 171 gpm. The existing Wolverine and Amazon buildings currently utilize a temporary private lift station located at Prime Dr. and 4th Street. The temporary lift station will be abandoned when the Phase 1 lift station is activated. The Phase 1 lift station will utilize the 6” force main in 4th street to pump flows to the existing sewer treatment plant on the south side of 4th Street, east of Nicholas Road. The Phase 1 sewer lift station will require two 72 horsepower pumps and have a maximum capacity of 300 gpm. The fully completed and operational Phase 1 lift station, along with the basic infrastructure of the overall lift station site, will be installed prior to a certificate of occupancy for either: a) The first building completed by the Beaumont Crossroads II project, or b) The first new building tributary to the lift station requiring sewer service and not being served by the existing temporary lift station located at 4th Street and Prime Way. The Phase 2 lift station design will accommodate sewer flow from the entire Sewer Area Study tributary to this lift station. The Peak Average Dry Weather Flow for the entire sewer study area is 1,997 gpm. The Phase 2 sewer lift station will require three 160 horsepower pumps and have a maximum capacity of 3,000 215Item 3. gpm. When future development occurs that exceeds the maximum capacity of the Phase 1 lift station, the development that causes this increase will be responsible to install and pay for the Phase 2 lift station project and extension of the 16” force main from Distribution Way to Nicholas Road. The Phase 2 lift station will utilize the 16” force main to pump flows to the sewer treatment plant. When the Phase 2 lift station becomes active, the Phase 1 lift station may be disconnected/abandoned or incorporated into the Phase 2 lift station design. 6. PRELIMINARY LIFT STATION DESIGN A preliminary lift station design has been prepared by Romtec Utilities based on flow data and sewer improvement plans provided by Thienes Engineering. Per EMWD design standards the lift station and force mains will be designed with a 20% allowance for wet weather flows (Peak Lift Station Flow = Peak Average Dry Weather Flow X 1.2). Phase 1 Lift Station: Peak Lift Station Flow = 171 gpm X 1.2 = 205 gpm Phase 1 lift station and 6” force main maximum capacity = 300 gpm, therefore OK Phase 2 Lift Station: Peak Lift Station Flow = 1,997 gpm X 1.2 = 2,396 gpm Phase 2 lift Station and 16” force main maximum capacity = 3,000 gpm, therefore OK Preliminary Lift Station Layout Romtec Utilities has completed a preliminary equipment layout for the proposed lift station site (see Exhibit 4). The following are key considerations and notes for this proposed equipment layout and site plan: 1. Site Size a. Romtec Utilities is showing 77’ ft. from the street to the back CMU wall, and 146’ ft. of total driveway. The CMU screened area would be roughly 63 x 84 ft. and includes space for both lift stations, generator pad, CMU control building, and the access drive. This is not an exact layout, as we have not designed all equipment, but is “best efforts” at this time. 2. CMU Walls a. Romtec Utilities is proposing that the site be screened by CMU walls with 16’ gates at each end. 216Item 3. 3. Center Driveway a. Romtec Utilities is proposing that the site be accessed by a 16’ wide center driveway which would allow “now and future” access to both lift stations for delivery, construction, and maintenance of both systems without having to have trucks/semis turning within the site. By having a “drive through” configuration, the lot is significantly smaller than if we needed appropriate space for trucks to turn around within the site. b. Romtec Utilities would envision a gravel driveway be added first during construction of the first lift station and the wet well of the future lift station. Then, after the full buildout of the future station, the finishing site work/paving could be completed. c. It is crucial that an operator boom truck can access both wet wells and valve manifold for removal, installation, and maintenance. 4. Generator Location a. Romtec Utilities is proposing a single generator location in which the pad is sized for the future generator, but the initial phase generator can be located until it needs to be replaced. 5. CMU Building a. Romtec Utilities has sized a simple CMU building that can house the Motor Control Center (MCC). The equipment layout is currently designed such that the building only houses the full-buildout control panel. If needed, Romtec Utilities can review the options of housing both the initial and full-buildout MCC’s within the control building. 6. System Phasing a. For the initial phase, Romtec Utilities would recommend that the first pump station and the wet well of the full buildout system be installed as well as the generator pad, CMU building, CMU screening walls, and driveway. b. Then, once the full buildout system is needed, the construction can be finished with the addition of the valve manifold, MCC, and Generator. c. Also, the first phase wet well would become the upstream manhole to the full buildout wet well which would simplify the gravity piping and provide direct access for maintenance or bypass pumping within the pump station site. 217Item 3. Exhibits: Exhibit 1. Sewer Study Area Map Exhibit 2. Proposed Sewer Sizing Exhibit Exhibit 3. Public Sewer Improvement Exhibit Exhibit 4. Preliminary Sewer Lift Station Layout 218Item 3. 219Item 3. 220Item 3. 221Item 3. 222Item 3. Appendix A Sewer Area Study Calculations 223 Item 3. % FullSize (ft.)Slope (ft/ft)50% Full (<15") 70% Full (>15") Allowed DepthProposed Sewer Flowing West in 4th St.Wolverine Project⁴65.74 294 19328 0.0193 0.0193 2.87 0.0555 55470 0.0858 39Amazon Project59.98 294 17634 0.0176 0.0176 2.87 0.0506 50610 0.0783 35SUB TOTAL0.67 0.0040 0.390106080 0.1641 740.21 1.740.32 63.0%Legacy Highlands- Warehouse92.00 0 0 0.0000 0.0000 2.87 0.0000 0 0.0000 0Legacy Highlands- Commercial14.00 0 0 0.0000 0.0000 2.87 0.0000 0 0.0000 0SUB TOTAL0 0.0000 0TOTAL1.00 0.0180 2.390106080 0.1641 740.19 3.580.19 38.0% Proposed Sewer Flowing North in PotreroLegacy Highlands Residential Low Density234.30 0 0 0.0000 0.0000 2.87 0.0000 0 0.0000 0Medidum Density196.40 0 0 0.0000 0.0000 2.87 0.0000 0 0.0000 0Medium High Density110.70 0 0 0.0000 0.0000 2.87 0.0000 0 0.0000 0High Density71.30 0 0 0.0000 0.0000 2.87 0.0000 0 0.0000 0School20.00 0 0 0.0000 0.0000 2.87 0.0000 0 0.0000 0SUB TOTAL1.25 0.0180 7.2600 0.0000 00.53 6.580.42 60.6%Confluence at Potrero & 4th St. - TOTAL1.25 0.0055 4.010106080 0.1641 740.82 4.300.66 93.7%Proposed Sewer Flowing West in 4th St.ASM Beaumont - Warehouse 1.25 0.0300 49.25 0 0 0.0000 0.0000 2.87 0.0000 0 0.0000 0Hall - Warehouse 1.25 0.0300 11.16 0 0 0.0000 0.0000 2.87 0.0000 0 0.0000 0SUB TOTAL1.25 0.0300 9.370106080 0.1641 740.42 7.500.34 48.0%Ricker - Warehouse 1.25 0.0080 18 0 0 0.0000 0.0000 2.87 0.0000 0 0.0000 0Lassen - Warehouse 1.25 0.0080 17.34 0 0 0.0000 0.0000 2.87 0.0000 0 0.0000 0 Lift Station Flow From East - TOTAL1.25 0.0080 4.840 106080 0.1641 740.74 5.020.59 84.6% Proposed Sewer Flowing East in 4th St.Jack Rabbit TrailCommercial/Retail 30.00 0 0 0.0000 0.0000 2.87 0.0000 0 0.0000 0 Warehouse 225.00 0 0 0.0000 0.0000 2.87 0.0000 0 0.0000 0SUB TOTAL 00.00000Beaumont Crossroads II LogisticsParcel 2 67.87 294 19954 0.0200 0.0200 2.87 0.0573 57267 0.0886 40Parcel 1 97.67 294 28715 0.0287 0.0287 2.87 0.0824 82412 0.1275 57SUB TOTAL 139679 0.2161 97Lift Station Flow From West - TOTAL1.00 0.0040 1.130 139679 0.2161 970.37 2.500.37 52.9% Confluence at Lift Station- GRAND TOTAL⁵ 245759 0.3802 171¹ Calculated using n=0.013² Based on 2015 EMWD flow factors by land use type³ Flow depth shall not exceed 0.50 for pipes 12" or smaller and 0.70 for pipes 15" and larger ⁴Acreage shown includes expansion land ⁵Maximum design capacity of Phase 1 lift station and force main = 300 gpm Velocity (ft/sec)²Average Daily Flow (GPD/ac)Building Area (ac) Average Daily Flow (MGD)¹Capacity (cfs)Cumulative Average Daily Flow (MGD)4th Street, Beaumont Public Sewer MainTEI Project #3080i - June 1, 2020Table 1: Sewer Area Study Calculations - Interim Condition, Phase 1 Lift StationSubarea/ReachPipePeak Flow (cfs)Building Area (SF)³d/D (ft/ft)Peak FactorPeak Flow (GPM)Peak Flow (GPD) Parcel Area (acres)Peak Flow (MGD) Average Daily Flow (GPD)Cumulative Depth (ft)224Item 3. % FullSize (ft.)Slope (ft/ft)50% Full (<15") 70% Full (>15") Allowed DepthProposed Sewer Flowing West in 4th St.Wolverine Project⁶65.74 294 19328 0.0193 0.0193 2.87 0.0555 55470 0.0858 39Amazon Project59.98 294 17634 0.0176 0.0176 2.87 0.0506 50610 0.0783 35SUB TOTAL0.67 0.0040 0.390106080 0.1641 740.21 1.740.32 63.0%Legacy Highlands- Warehouse⁵92.00 294 27048 0.0270 0.0270 2.87 0.0776 77628 0.1201 54Legacy Highlands- Commercial⁵14.00 1175 16450 0.0165 0.0165 2.87 0.0472 47212 0.0730 33SUB TOTAL124839 0.1932 87TOTAL1.00 0.0180 2.390230919 0.3573 1600.19 3.580.19 38.0% Proposed Sewer Flowing North in PotreroLegacy Highlands Residential⁴ Low Density234.30 1175 275303 0.2753 0.2753 2.87 0.7901 790118 1.2225 549Medidum Density196.40 1175 230770 0.2308 0.2308 2.87 0.6623 662310 1.0247 460Medium High Density110.70 1175 130073 0.1301 0.1301 2.87 0.3733 373308 0.5776 259High Density71.30 1175 83778 0.0838 0.0838 2.87 0.2404 240441 0.3720 167School20.00 1175 23500 0.0235 0.0235 2.87 0.0674 67445 0.1044 47SUB TOTAL1.25 0.0180 7.2602133623 3.3012 14820.53 6.580.42 60.6%Confluence at Potrero & 4th St. - TOTAL1.25 0.0055 4.0102364542 3.6585 16420.82 4.300.66 93.7%Proposed Sewer Flowing West in 4th St.ASM Beaumont - Warehouse 1.25 0.0300 49.25 294 14480 0.0145 0.0145 2.87 0.0416 41556 0.0643 29Hall - Warehouse 1.25 0.0300 11.16 294 3281 0.0033 0.0033 2.87 0.0094 9417 0.0146 7SUB TOTAL1.25 0.0300 9.3702415515 3.7374 16770.42 7.500.34 48.0%Ricker - Warehouse 1.25 0.0080 18 294 5292 0.0053 0.0053 2.87 0.0152 15188 0.0235 11Lassen - Warehouse 1.25 0.0080 17.34 294 5098 0.0051 0.0051 2.87 0.0146 14631 0.0226 10 Lift Station Flow From East - TOTAL1.25 0.0080 4.840 2445334 3.7835 16980.74 5.020.59 84.6% Proposed Sewer Flowing East in 4th St.Jack Rabbit TrailCommercial/Retail 30.00 1175 35250 0.0353 0.0353 2.87 0.1012 101168 0.1565 70 Warehouse 225.00 294 66150 0.0662 0.0662 2.87 0.1899 189851 0.2937 132SUB TOTAL 2910180.4503202Beaumont Crossroads II LogisticsParcel 2 67.87 294 19954 0.0200 0.0200 2.87 0.0573 57267 0.0886 40Parcel 1 97.67 294 28715 0.0287 0.0287 2.87 0.0824 82412 0.1275 57SUB TOTAL 139679 0.2161 97Lift Station Flow From West - TOTAL1.00 0.0040 1.130 430697 0.6664 2990.37 2.500.37 52.9% Confluence at Lift Station-GRAND TOTAL⁷ 2876031 4.4499 1997¹ Calculated using n=0.013² Based on 2015 EMWD flow factors by land use type³ Flow depth shall not exceed 0.50 for pipes 12" or smaller and 0.70 for pipes 15" and larger ⁴ Parcel Areas and Residential Density obtained from "Preserve Phasing Map" prepared by SRD Design Studio, Inc dated 6/3/19⁵ Parcel Area obtained from Legacy Highlands Site Plan" prepared by SRD Design Studio, Inc dated 5/19/20⁶ Acreage shown includes expansion land⁷ Maximum design capacity of Phase 2 lift station and force main = 3,000 gpm Building Area (ac) Average Daily Flow (MGD)¹Capacity (cfs)Cumulative Average Daily Flow (MGD)4th Street, Beaumont Public Sewer MainTEI Project #3080i - May 31, 2020Table 2: Sewer Area Study Calculations - Proposed Ultimate Condition, Phase 2 Lift StationSubarea/ReachPipeVelocity (ft/sec)Building Area (SF)³d/D (ft/ft)Peak FactorPeak Flow (GPM)Peak Flow (GPD) Parcel Area (acres)Peak Flow (MGD) Average Daily Flow (GPD)Cumulative Depth (ft)²Average Daily Flow (GPD/ac)Peak Flow (cfs)225Item 3. Appendix B Hydraulic Calculations 226 Item 3. 227 Item 3. 228 Item 3. 229 Item 3. 230 Item 3. 231 Item 3. 232 Item 3. 233 Item 3. 234 Item 3. 235 Item 3. 236 Item 3. 237 Item 3. Appendix C EMWD Table 1: Development Densities City of Beaumont General Plan 238 Item 3. 239 Item 3. BEAUMONT AVE6TH STPALM AVEHIGHLAND SPRINGS AVE1ST STVEILE AVESTATE HWY 60 INTERSTATE 10 INTERSTATE 10 PENNSYLVANIA AVE8TH ST LAMBS CANYON RDCHERRY AVEBROOKSIDE AVE OAK VALLEY PARKWAY OAK VALLEY PARK W AY STATE HWY 60 ELM AVE13TH ST 12TH ST 9TH ST 11TH ST CALIFORNIA AVEXENIA AVECALIFORNIA AVE4TH ST COUGAR WAY BEAUMONT AVECITY OF BEAUMONTGeneral Plan LEGEND CITY BOUNDARY SPHERE OF INFLUENCEGENERAL PLAN LAND USE DESIGNATIONS RURAL RESIDENTIAL SINGLE-FAMILY RESIDENTIAL MULTI-FAMILY RESIDENTIAL GENERAL COMMERCIAL COMMUNITY COMMERCIAL INDUSTRIAL COMMERCIAL INDUSTRIAL OVERLAY URBAN VILLAGE OVERLAY BEAUMONT AREA OVERLAY PUBLIC FACILITIES RECREATION AND CONSERVATION p 0 3,000 6,000 9,000 12,0001,500 Feet 240 Item 3. Appendix D Preliminary Lift Station Pump Design 241 Item 3. PROJECT INFO PACKAGE/STARTUP Job Name:Offering: Company:Mechanical: Contact:Pumps: Job Type:Control Panel: Water Type/Source:Generator: Import/Domestic:Advisor/Startup: Turnkey: FLOW RATE Peak Inflow:2986 GPM 2385.00 Pumping Rate:1900 GPM (of single pump) Static Head:183.0 Feet 2385.00 TDH:232.1 Feet TDH Calcs:RU Calcs ACTIVE VOLUME Max Pump Starts:10.00 Starts/Hr Cycle Time:6.00 Minutes 2381.00 Active Volume:2850.00 Gallons Active Volume:381.01 Cu Feet Well Shape:Round Well Diameter:10 Feet Well Dimensions:N/A N/A Cross-Section Area:78.54 Sq Feet Min. Depth Required:4.85 Feet Active Depth:4.90 Feet STORAGE VOLUME (if required) Time:Minutes 2361.30 Flow Rate:GPM 2358.40 Volume:0.00 Gallons 2357.90 Volume:0.00 Cu. Feet Min. Depth Required:0.00 Feet 2356.90 Storage Depth:Feet 2352.00 ON-SITE POWER Power: FORCE MAIN FM Info:New Dual FM 2348.00 Length:9140 Feet FM Discharge:2535.00 Feet 2347.00 FM High Point:2535.00 Feet (1)(2)(3)Note: Image is a preliminary representation of the pumping system. Nominal ID:6"16"Elevations shown are the primary factors used for sizing the wet well. Type/Rating:Backup levels not shown. Additional (or fewer) level settings may be required. INFLUENT PIPING (1)(2)(3) Influent Invert:2361.3 Influent Size: Type: DESIGN CRITERIA - WWC10D-VM-T1500-2000x230-10S-43-DPG Import Acceptable PVC C900 DR 18, PVC C905 DR25 480V / 3-Phase Wastewater (Sewage) New Station Reinhard Stenzel Thienes 3080i Hidden Canyon Complete System All by Romtec Utilities By Romtec Utilities By Romtec Utilities By Romtec Utilities Mechanical & Electrical No 3080i Hidden Canyon - PRELIMINARY DESIGN - 3-27-20.xlsx 242 Item 3. 40 °F Patented self cleaning semi-open channel impeller, ideal for pumping in waste water applica tions. Possible to be upg ra ded with Guide-pin® for ev en better clogg ing resista nce. M odular based desig n with high ada ptation g ra de. Head 456 390mm 71.1% 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 300 310 [ft] 0 500 1000 1500 2000 2500 [US g.p.m.] N P 3 3 1 5 HT 3 ~ 4 5 6 390 mm Numbe r of blade s 3 T echnic a l s pec ifica tion P - S emi permanent, Wet C onfigur at ion 5 7/8 inch Impelle r diame te r 390 mm Disch arge diameter 5 7/8 inc h Moto r numbe r Installation type N3315.095 35-45-4AA-W 160hp Inle t diame te r Maximum ope rating s pe e d 1780 rpm Mat e rials Curv es according to: Pum p inform at ion Disch arge diameter 200 mm Impelle r diame te r Impelle r Hard-I ron ™ W ater, pure [100%],39.2 °F ,62.43 lb/ft³,1.6889E-5 ft²/s Curv e: ISO 9906 Max. ope rating temperature 0 Last update Cre ated on 3/27/2020 Cre ated byProject Block 243 Item 3. N P 3 3 1 5 HT 3 ~ 4 5 6 T echnic a l s pec ifica tion Mot or - Ge ne r al Freque ncy Rate d voltage Rate d pow erRated spee d Rate d current 460 V 160 hp1780 rpm 190 A 3~N3315.095 35-45-4AA-W 160hp Phases Total moment of inertia 43.9 lb ft² Power factor - 1/1 Load 0.83 0.78 0.68 94.7 % 95.4 % 95.6 % Moto r numbe r Approval 60 Hz Numbe r of pole s 4 Stator variant 1 Insulation class H Type of D uty Mot or - Te chnical Power factor - 3/4 Load Power factor - 1/2 Load Moto r e fficie ncy - 1 /1 Load Moto r e fficie ncy - 3 /4 Load Moto r e fficie ncy - 1 /2 Load Starting curre nt, direct starting Starting curre nt, star-de lta 1120 A 375 A S 1 Starts per hour max. 15 EN Version code 095 0 Last update Cre ate d on 3/27/2020 Cre ate d byProject Block 244 Item 3. N P 3 3 1 5 HT 3 ~ 4 5 6 Performance curve Dut y point 229 ft1520 US g .p.m. He adFlow Curv es a ccording to: Head Pump Efficiency Overall Efficiency Power input P1 Shaft power P2 NPSHR-values 456 390mm 71.1% 229 ft 68.2 % 65 % 129 hp 135.1 hp 13.8 ft 1516 US g.p.m. 456 390mm 229 ft 68.2 % 65 % 129 hp 135.1 hp 13.8 ft 1516 US g.p.m. 456 390mm 229 ft 68.2 % 65 % 129 hp 135.1 hp 13.8 ft 1516 US g.p.m. 456 390mm (P2) 229 ft 68.2 % 65 % 129 hp 135.1 hp 13.8 ft 1516 US g.p.m. 456 390mm (P1) 229 ft 68.2 % 65 % 129 hp 135.1 hp 13.8 ft 1516 US g.p.m. 456 390mm 229 ft 68.2 % 65 % 129 hp 135.1 hp 13.8 ft 1516 US g.p.m. 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 300 310 [ft] 0 10 20 30 40 50 60 [%] 40 60 80 100 120 140 160 180 [hp] 5 10 15 20 25 30 35 40 45 50 55 [ft] 0 200 400 600 800 1000 1200 1400 1600 1800 2000 2200 2400 2600 2800 3000 [US g.p.m.] W ater, pure [100%],39.2 °F ,62.43 lb/ft³,1.6889E-5 ft²/s Curve: ISO 9906 0 Last update Cre ate d on 3/27/2020 Cre ate d byProject Block 245 Item 3. Pumps/Sys te ms Flow He ad Shaft powe r Flow He ad Shaft powe r Hydr.e ff.Spe cific e ne rgy NPSH r 2 / 1 1520 US g .p.m.229 ft 129 hp 3030 US g .p.m.229 ft 258 hp 68.2 %1110 k Wh/US M G 13.8 ft 1 / 1 2060 US g .p.m.204 ft 150 hp 2060 US g .p.m.204 ft 150 hp 70.7 %955 k W h/US M G 25.9 ft N P 3 3 1 5 HT 3 ~ 4 5 6 Duty Anal ys i s Curv es a ccording to: Head Pow er input P1 Shaf t pow er P2 453 420mm [Pump 1+2]453 420mm [Pump 1] 73% Ef f . 72.4% 72.2% 70.4% 69.7% 69% 460 347mm [Pump 1+2]460 347mm [Pump 1] 67.9%456 390mm [Pump 1+2]456 390mm [Pump 1] 71.1% 229 f t 257.5 hp 3032 US g.p.m. 270.1 hp 3032 US g.p.m. 453 420mm [Pump 1+2] (P2) 453 420mm [Pump 1] (P2) 460 347mm [Pump 1+2] (P2) 460 347mm [Pump 1] (P2) 456 390mm [Pump 1+2] (P2) 456 390mm [Pump 1] (P2) 229 f t 257.5 hp 3032 US g.p.m. 270.1 hp 3032 US g.p.m. 453 420mm [Pump 1+2] (P1) 453 420mm [Pump 1] (P1) 460 347mm [Pump 1+2] (P1) 460 347mm [Pump 1] (P1) 456 390mm [Pump 1+2] (P1) 456 390mm [Pump 1] (P1) 229 f t 257.5 hp 3032 US g.p.m. 270.1 hp 3032 US g.p.m. 0 20 40 60 80 100 120 140 160 180 200 220 240 260 280 300 320 340 [f t] 40 80 120 160 200 240 280 320 360 400 440 480 [hp] 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 5500 6000 [US g.p.m.] 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 5500 6000 [US g.p.m.] 1 1 O pe r at ing char act e rist ics W ater, pure [100%],39.2 °F ,62.43 lb/ft³,1.6889E-5 ft²/s Curve: ISO 9906 0 Last update Cre ated on 3/27/2020 Cre ated byProject Block 246 Item 3. Head Pump Ef f ic ienc y Ov erall Ef f iciency Pow er input P1 Shaf t pow er P2 NPSHR-v alues 55 Hz55 Hz 71.1% 50 Hz50 Hz 71.1% 45 Hz45 Hz 71.1% 40 Hz40 Hz 71.1% 456 390mm [Pump 1+2]456 390mm [Pump 1] 71.1% 55 Hz55 Hz 50 Hz50 Hz 45 Hz45 Hz 40 Hz40 Hz 456 390mm [Pump 1+2]456 390mm [Pump 1]55 Hz55 Hz 50 Hz50 Hz 45 Hz45 Hz 40 Hz40 Hz 456 390mm [Pump 1+2]456 390mm [Pump 1] 55 Hz 55 Hz 50 Hz 50 Hz 45 Hz 45 Hz 40 Hz 40 Hz 456 390mm [Pump 1+2] (P2) 456 390mm [Pump 1] (P2) 55 Hz 55 Hz 50 Hz 50 Hz 45 Hz 45 Hz 40 Hz 40 Hz 456 390mm [Pump 1+2] (P1) 456 390mm [Pump 1] (P1) 55 Hz55 Hz 50 Hz50 Hz 45 Hz45 Hz 40 Hz40 Hz 456 390mm [Pump 1+2]456 390mm [Pump 1] 0 20 40 60 80 100 120 140 160 180 200 220 240 260 280 300 [f t] 0 10 20 30 40 50 60 [%] 0 50 100 150 200 250 300 350 [hp] 10 20 30 40 50 [f t] 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 5500 6000 [US g.p.m.] N P 3 3 1 5 HT 3 ~ 4 5 6 VFD C urve Curv es a ccording to:W ater, pure [100%],39.2 °F ,62.43 lb/ft³,1.6889E-5 ft²/s Curve: ISO 9906 0 Last update Cre ate d on 3/27/2020 Cre ate d byProject Block 247 Item 3. Head 55 Hz55 Hz 71.1% 50 Hz50 Hz 71.1% 45 Hz45 Hz 71.1% 40 Hz40 Hz 71.1% 456 390mm [Pump 1+2]456 390mm [Pump 1] 71.1% 229 f t 3032 US g.p.m. 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 300 310 [f t] 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 5500 6000 [US g.p.m.] 1 1 N P 3 3 1 5 HT 3 ~ 4 5 6 VFD Analys is Curv es a ccording to: Pumps /Sys te Fre que ncy Flow He ad Shaft powe r Flow Head Shaft powe r Hydr.e ff.Spe cific NPSHr s Energy 2 / 1 60 Hz 1520 US g .p.m.229 ft 129 hp 3030 US g .p.m.229 ft 258 hp 68.2 %1110 k W h/US M G 13.8 ft 2 / 1 55 Hz 1070 US g .p.m.205 ft 89.9 hp 2140 US g .p.m.205 ft 180 hp 61.9 %1090 k W h/US M G 9.94 ft 2 / 1 50 Hz 508 US g.p.m.187 ft 55.9 hp 1020 US g .p.m.187 ft 112 hp 43 %1440 k W h/US M G 8.53 ft 2 / 1 45 Hz 2 / 1 40 Hz 1 / 1 60 Hz 2060 US g .p.m.204 ft 150 hp 2060 US g .p.m.204 ft 150 hp 70.7 %955 k W h/US M G 25.9 ft O pe r at ing Charact e r ist ics W ater, pure [100%],39.2 °F ,62.43 lb/ft³,1.6889E-5 ft²/s Curve: ISO 9906 0 Last update Create d on 3/27/2020 Create d byProject Block 248 Item 3. Head 55 Hz55 Hz 71.1% 50 Hz50 Hz 71.1% 45 Hz45 Hz 71.1% 40 Hz40 Hz 71.1% 456 390mm [Pump 1+2]456 390mm [Pump 1] 71.1% 229 f t 3032 US g.p.m. 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 300 310 [f t] 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 5500 6000 [US g.p.m.] 1 1 N P 3 3 1 5 HT 3 ~ 4 5 6 VFD Analys is Curv es a ccording to: Pumps /Sys te Fre que ncy Flow He ad Shaft powe r Flow Head Shaft powe r Hydr.e ff.Spe cific NPSHr s Energy 1 / 1 55 Hz 1400 US g .p.m.192 ft 99.5 hp 1400 US g .p.m.192 ft 99.5 hp 68.4 %924 k W h/US M G 12.1 ft 1 / 1 50 Hz 601 US g.p.m.184 ft 58.3 hp 601 US g.p.m.184 ft 58.3 hp 47.9 %1260 k W h/US M G 8.38 ft 1 / 1 45 Hz 1 / 1 40 Hz O pe r at ing Charact e r ist ics W ater, pure [100%],39.2 °F ,62.43 lb/ft³,1.6889E-5 ft²/s Curve: ISO 9906 0 Last update Create d on 3/27/2020 Create d byProject Block 249 Item 3. N P 3 3 1 5 HT 3 ~ 4 5 6 Di mens ional D rawing Weight (lbs) Pump with cooling jacket 2540 Pump without cooling jacket 2330 Discharge connection 205 caleS Drawn Reg no Date by Checked by DRAWING AUTOCAD Denomination Dimensional drwg BOLT Ø3 4 (4x) Z Z Z Z MIN LEVELNP 3315 HT 7364700 1 5399 091218NKSB Ø6"/Ø6"ISO-metric2384 5 Â ° 35 8 8349" 245 8 3" GUIDE BARS 8784 9 16 5 5 16 30"68"111413"117 8 21 2*137818"11"3"531 4 4"8"11" Ø6" 42"17"4 5 Â ° REF.LINE CL OF DISCH.REF.LINE * DIMENSION TO ENDS OF GUIDE BARS VIEW REF.LINE (TO FURTHEST POINT) 0 Last update Create d on 3/27/2020 Create d byProject Block 250 Item 3. Appendix E Sewer Improvement Plans 251 Item 3. 252 Item 3. 253 Item 3. 254 Item 3. 255 Item 3. LEGAL DESCTIPTION: BY MARK APPR.DATE ENGINEER CITY DESCRIPTION DATEREINHARD STENZEL R.C.E. 56155 EXPIRE 12-31-20 SEAL DESIGN BY: DRAWN BY: CHECKED BY: SCALE: DATE: JOB NUMBER: FILE NO: OF SHEETS COMPANY NAME J.P. J.P. R.S. BASIS OF BEARINGS: BENCHMARK: 256 Item 3. STA. 10+00.00 TO STA. 19+00.00 BY MARK APPR.DATE ENGINEER CITY DESCRIPTION DATEREINHARD STENZEL R.C.E. 56155 EXPIRE 12-31-20 SEAL DESIGN BY: DRAWN BY: CHECKED BY: SCALE: DATE: JOB NUMBER: FILE NO: OF SHEETS COMPANY NAME J.P. J.P. R.S. BASIS OF BEARINGS: BENCHMARK: 257 Item 3. STA. 19+00.00 TO STA. 28+00.00BYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEREINHARD STENZELR.C.E. 56155 EXPIRE 12-31-20SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF SHEETSCOMPANY NAMEJ.P.J.P.R.S.BASIS OF BEARINGS:BENCHMARK:258Item 3. STA. 28+00.00 TO STA. 39+00.00 BY MARK APPR.DATE ENGINEER CITY DESCRIPTION DATEREINHARD STENZEL R.C.E. 56155 EXPIRE 12-31-20 SEAL DESIGN BY: DRAWN BY: CHECKED BY: SCALE: DATE: JOB NUMBER: FILE NO: OF SHEETS COMPANY NAME J.P. J.P. R.S. BASIS OF BEARINGS: BENCHMARK: 259 Item 3. STA. 39+00.00 TO STA. 50+00.00BYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEREINHARD STENZELR.C.E. 56155 EXPIRE 12-31-20SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF SHEETSCOMPANY NAMEJ.P.J.P.R.S.BASIS OF BEARINGS:BENCHMARK:260Item 3. STA. 50+00.00 TO STA. 60+97.10BYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEREINHARD STENZELR.C.E. 56155 EXPIRE 12-31-20SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF SHEETSCOMPANY NAMEJ.P.J.P.R.S.BASIS OF BEARINGS:BENCHMARK:261Item 3. STA. 39+00.00 TO STA. 50+00.00BYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATEREINHARD STENZELR.C.E. 56155 EXPIRE 12-31-20SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF SHEETSCOMPANY NAMEJ.P.J.P.R.S.BASIS OF BEARINGS:BENCHMARK:262Item 3. Appendix F Legacy Highlands Site Plan Preserve Phasing Map Jack Rabbit Trail Site Plan 263 Item 3. SITE PLAN - GENERAL NOTESSITE PLAN - KEY NOTES:264Item 3. 265 Item 3. 266 Item 3. Staff Report TO: City Council FROM: Christina Taylor, Community Development Director DATE August 4, 2020 SUBJECT: Second Reading and Adoption of an Ordinance Adding Chapter 8.55 Regulation of Shopping Carts to the Beaumont Municipal Code Background and Analysis: Many retail establishments provide shopping carts for the convenience of customers, however, shopping carts removed from businesses and left abandoned on public or private property throughout the City constitute a public nuisance and a potential hazard to the health and safety of the public, cause blight in the community, results in the obstruction of free access to public and private sidewalks, streets, parking lots and other ways, interferes with pedestrian and vehicular traffic on public and private streets, and impedes emergency services. In order to minimize the impact of this nuisance, City staff collects and stores abandoned shopping carts while attempting to make contact with the businesses to arrange for carts to be picked up. This has proven to be a strain on City staff time and resources. On February 4, 2020, citing the issues stated above, City staff requested direction from City Council regarding preparing a shopping cart ordinance. Council directed staff to proceed with preparing an ordinance. After researching how other Inland Empire cities have addressed shopping cart issues, City staff prepared the proposed ordinance. The ordinance contains the following sections: 8.55.010 Declaration of public nuisance 8.55.020 Definitions 8.55.030 Cart containment and retrieval plan 8.55.040 Plan submission and approval 8.55.050 Penalties for failing to submit or implement a plan 8.55.060 Appeals 8.55.070 Unlawful acts by persons 8.55.080 Enforcement 8.55.090 Shopping cart abatement 267 Item 4. 8.55.100 Procedures for abatement 8.55.110 Fee Each section serves a purpose in addressing the City’s needs while providing a clear path for business operators to obtain and maintain compliance. The crux of the ordinance revolves around Chapter 8.55.030 Cart Containment and Retrieval Plan. The containment plan establishes requirements for cart identification, prevention measures and mandatory cart retrieval. The ordinance also provides the opportunity for businesses located within the same center to collaborate on a plan. A plan will be reviewed administratively by City staff and either approved or denied within 30 calendar days. The ordinance provides for modification of a plan if site circumstances change and requires an annual review and recertifi cation of a plan. Chapter 8.55.040 (B) calls for existing retail establishments to submit a plan for review within 60 days of adoption of this ordinance. City staff will be reaching out to individual businesses that fit the criteria and will work with them to establish compliance. In the event a business is non-compliant, the ordinance provides procedures for obtaining compliance. Chapters 8.55.080 – 8.55.100 establish guidelines and options for addressing shopping carts found outside of a center boundary. The ordinance provides options for notification and removal of carts that allows some flexibility for both the City and the owner depending on the nature of the nuisance. There is also a cost recovery component for review and approval of a shopping cart containment plan and for the abatement of cart nuisances. The ordinance establishes the use of the administrative citation process in Chapter 1.17 or Chapter 8.32 of the Beaumont Municipal Code. The fee for review and approval of a cart containment plan is being studied and will be presented at City Council for approval prior to implementation. By law, a fee cannot exceed the cost of City staff time necessary to complete the work. This item was presented at Planning Commission on June 9, 2020. The Commission forwarded a recommendation of approval of the ordinance to City Council after discussion of the following:  Laundry Carts: should laundry carts be included? We don’t see an issue with laundry carts abandoned throughout the City and small businesses may be burdened with having to prepare a plan and label the carts.  8.55.040 Plan submission and approval (B) Existing Retail Establishments: The ordinance requires existing businesses provide a cart retrieval plan for review within 60 days of the adoption of this ordinance. City staff has a letter prepared to reach out to businesses and will work with existing businesses to identify cart 268 Item 4. containment methods currently in practice that are working and develop a path to implement additional methods where needed.  8.55.040 Plan submission and approval (D) Plan Modification: Any addition of carts to a business should be reported to the Planning Department immediately instead of waiting for the cart plan renewal. City staff has inserted language in the ordinance requiring an addition of more than ten carts be reported to the Planning Department within ten days.  8.55.100 Procedures for abatement (g) Disposal of carts: The ordinance provides for method of disposal of carts at the City’s discretion. Commission suggested recycling should be the first option for cart disposal. City staff has inserted language to this effect. Fiscal Impact: Cost of City staff time to research and prepare the proposed ordinance is approximately $1,000. Adoption of this ordinance will provide for cost recovery of service performed. Recommended Action: Waive the second full reading and adopt by title only, “An Ordinance of the City Council of the City of Beaumont adding “Chapter 8.55 Regulation of Shopping Carts” to the Beaumont Municipal Code.” Attachments: A. Ordinance Chapter 8.55 Regulation of Shopping Carts 269 Item 4. 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 8.55 “REGULATION OF SHOPPING CARTS” TO THE BEAUMONT MUNICIPAL CODE NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced. SECTION 3. 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 amends Title 17, to add Chapter 8.55, entitled “Regulation of Shopping Carts” to the Beaumont Municipal Code, to read as specifically set forth in Exhibit “A”, which Exhibit is attached hereto and made a part hereof. Chapter 8.55 REGULATION OF SHOPPING CARTS Sections: 8.55.010 Declaration of Public Nuisance. 8.55.020 Definitions. 8.55.030 Cart Containment and Retrieval Plan. 8.55.040 Plan Submission and Approval. 8.55.050 Penalties for Failing to Submit or Implement a Plan. 8.55.060 Appeals. 270 Item 4. 2 8.55.070 Unlawful Acts by Persons. 8.55.080 Enforcement. 8.55.090 Shopping Cart Abatement. 8.55.100 Procedures for Abatement. 8.55.110 Fee. 8.55.010- Declaration of public nuisance. Many retail establishments provide shopping carts for the convenience of customers while shopping on the premises of such businesses. However, shopping carts removed from the premises of such businesses and left abandoned on public or private property throughout the City constitute a public nuisance and a potential hazard to the health and safety of the public. The proliferation of removed and abandoned shopping carts on public and private property causes blight in the community, results in the obstruction of free access to public and private sidewalks, streets, parking lots and other ways, interferes with pedestrian and vehicular traffic on public and private streets, and impedes emergency services. For these reasons, such removed or abandoned shopping carts are hereby declared to be a public nuisance which shall be subject to abatement in the manner set forth in this division or in any other manner provided by law. The purpose of this division is to set forth regulations to ensure that reasonable measures are taken by the owners and operators of retail establishments to either prevent the removal of shopping carts from the premises, or provide for the prompt retrieval of removed or abandoned shopping carts, to complement and supplement provisions of state law, and to adopt local regulations to the extent not otherwise preempted by state statute. 8.55.020 Definitions. Except as otherwise expressly set forth herein, the following words and terms as used in this Chapter shall have the following meanings: A. Abandoned means a shopping cart which is left unattended or discarded upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with or without the permission of the owner. For purposes of this Chapter, any shopping cart left unattended or discarded on any public property shall be presumed abandoned, and any shopping cart left unattended or discarded on any private property shall be presumed abandoned unless the owner or occupant of the private property is: (i) the owner, or an employee or authorized agent of the owner, entitled to possession of 271 Item 4. 3 said shopping cart, (ii) an officer, employee or agent of a cart retrieval service hired by the owner to retrieve shopping carts, or (iii) is enforcement personnel retrieving, storing or disposing of a cart pursuant to the provisions of this Chapter. B. City means the City of Beaumont, California. C. Community development director means the Community Development Director of the City. D. Customer means any person who enters the premises of a retail establishment. E. Enforcement personnel means any police officer or code enforcement officer employed by the City, or otherwise designated by the City Manager. F. Owner means any owner, manager, or operator of any retail establishment. G. Parking area means a parking lot or other property provided by a retail establishment for the use of customers of the retail establishment for parking of customer vehicles. The parking area of a retail establishment located in a multi-store complex or shopping center shall include the entire parking area used by the multi-store complex or shopping center. H. Parkway means that area between the sidewalks and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and the adjacent property line. Parkway shall also include any area within a roadway which is not open to vehicular travel. I. Planning commission means the planning commission of the City. J. Premises means any building, property or other area upon which any retail establishment is conducted or operated in the City, including the parking area provided for customers of such retail establishment. K. Public property means and includes, but is not limited to, all that area dedicated to public use for public street purposes, civic purposes, roadways, parks, parkways, alleys, sidewalks, flood control channels and any other public right-of-way. L. Removed means a shopping cart which is removed from the premises of a retail establishment by any person without the written permission or consent of the owner of the shopping cart. M. Retail establishment means any business located in the City which offers or provides shopping carts for the use of the customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of 272 Item 4. 4 whether such business is open to the general public, or is a private club or business, or is a membership store. N. Shopping cart or cart means a basket or platform which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. The term 'shopping cart' or 'cart' includes a laundry cart. 8.55.030 - Cart containment and retrieval plan. Except as otherwise provided in this Chapter, every owner who provides shopping carts to customers for use on the premises of any retail establishment shall develop, implement and comply with the provisions of a written plan approved by the City to prevent customers from removing shopping carts from the premises of such business and to provide for the retrieval of removed or abandoned shopping carts which have been removed from the premises of the retail establishment (the "plan"), and shall demonstrate compliance with all other purposes and provisions of this Chapter. The plan, at a minimum, shall include the following elements: A. Owner information. The name of the owner; the physical address where the retail establishment is conducted; and the name, address, and telephone number(s) of the owner and all on-site managers, including any changes of such persons. B. Cart inventory. The number of carts to be used or located on the premises. C. Signs affixed to carts. Every shopping cart made available for use by customers shall have a sign permanently affixed to it that identifies the owner of the cart; notifies the public that the unauthorized removal of the cart from the premises of the retail establishment, or the unauthorized possession of the cart, is a violation of state and local law, and lists a valid telephone number and address for returning the cart removed from the premises to the owner. D. Notice to customers. Written notice shall be provided to customers, that removal of shopping carts from the premises is prohibited by state law. The plan shall identify the specific measures to be implemented to comply with this notice requirement. In addition, signs shall be placed and maintained on the premises near all customer entrances and exits throughout the premises, including the cart storage areas, warning customers that removal of shopping carts from the premises is prohibited by state law. E. Prevention measures. A description of the specific measures that the business owner will implement to prevent removal of any cart from the business premises. Such measures 273 Item 4. 5 may include, but are not limited to, electronic or other disabling devices on any cart so they cannot be removed from the business premises; management practices; use of courtesy clerks to accompany customers and return carts to the inside of the business premises; use of security personnel to prevent removal; security deposits for cart usage; and other proven measures acceptable to the City that are likely to prevent removal of carts from the business premises. F. New development requirements. New developments and businesses of over 5,000 square feet in area or having more than ten carts shall be required to install a wheel lock containment system, or similar system, to the satisfaction of the Community Development Director prior to the issuance of a certificate of occupancy for the facility. G. Mandatory cart retrieval operations. The procedure by which the business owner or qualified cart retrieval service will search, find and return carts removed from the business premises. The cart retrieval operation must demonstrate that carts will be actively located within one mile of the business premises and respond to complaints from the public or notifications from City enforcement personnel in a manner which results in the retrieval of carts within 24 hours of receiving the notification. If a business owner contracts with a cart retrieval service, the retrieval service must be a City licensed and approved service and shall not place limits on daily loads or days per week to retrieve carts within the City. The owner shall provide written authorization to all retrieval personnel, which authorization shall be carried by each such person while performing cart retrieval services on behalf of the owner and shall be provided to any enforcement personnel upon request. Each vehicle used by retrieval personnel shall bear conspicuous signs on the vehicle identifying either the name of the retail establishment for which such retrieval service is being performed or, if applicable, the name of the cart retrieval service with which the retail establishment has contracted for such services. H. Employee training. The owner of the retail establishment shall implement and maintain a periodic training program for its new and existing employees designed to educate such employees concerning the requirements of the plan and the provisions of state and local law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment. The plan shall expressly describe the employee training program. 274 Item 4. 6 I. Daily cart confinement. All shopping carts located on the premises of the retail establishment (other than an establishment open for business 24 hours per day) sh all be collected at the end of each business day by employees of the retail establishment and shall be collectively confined in a secure manner in the cart confinement area, as designated in the approved plan, until the commencement of the next business da y. All shopping carts located on the premises of any retail establishment open for business 24 hours per day, other than carts then currently in use by a customer or patron, shall be collected by employees of the retail establishment and returned to the cart confinement area, as designated in approved plan, at least once per calendar day between the hours of 9:00 p.m. and midnight on each day the retail establishment is open for business. The provisions of this subsection shall not apply to any shopping carts located within an enclosed building. J. Collaboration with other businesses. Two or more retail establishments located within the same shopping or retail center or sharing a common parking area may collaborate and submit a single plan. K. Additional information. Any other information deemed appropriate by the Community Development Director to ensure compliance with this Chapter and specified within the plan application. L. Exemptions. The requirements of this Chapter shall not apply to any retail establishment which provides a total of less than ten (10) shopping carts for use by customers of such business. 8.55.040 - Plan submission and approval. A. New or relocated retail establishments. Unless otherwise expressly exempt hereunder, each new retail establishment, and any existing retail establishment relocating to a different location with the City, shall submit a proposed plan complying with the requirements of this Chapter to the Community Development Director, and obtain approval thereof by th e City, prior to the issuance of a business license or certificate of occupancy, whichever occurs first. Each proposed plan shall be accompanied by a processing and inspection fee in an amount as set by resolution of the City Council. No proposed plan shall be accepted for filing and processing by the Community Development Director unless accompanied by the fee established by the City Council. 275 Item 4. 7 B. Existing retail establishments. Unless otherwise expressly exempt hereunder, each existing retail establishment shall submit a proposed plan complying with the requirements of this Chapter to the Community Development Director within 60 calendar days following the date of adoption of this ordinance. Each proposed plan shall be accompanied by a processing and inspection fee in an amount as set by resolution of the City Council. No proposed plan shall be accepted for filing and processing by the Community Development Director unless accompanied by the fee as established by the City Council. C. Plan review and approval. (1) Upon the filing of any proposed plan pursuant to this Chapter and receipt of the required processing fee, the Community Development Director shall review the proposed plan and either approve, revise or deny the proposed plan within 30 calendar days following the receipt thereof by the Community Development Director. (2) If approved, the plan shall be implemented no later than 30 days from the date of notification to the owner of the approval. An inspection by enforcement personnel shall be made of the premises to confirm compliance at the conclusion of the 30-day period. (3) The decision of the Community Development Director shall be made in writing and notice thereof shall be transmitted to the owner of the retail establishment. If the proposed plan is denied, the notice of decision given to the owner shall state the grounds upon which the proposed plan was denied. The owner may appeal a decision of the Community Development Director in the time and manner provided in Chapter 1.16. (4) The Community Development Director may deny a plan based upon any of the following grounds: a. Implementation of the plan would violate provisions of the building, zoning, health, safety, fire, police or other municipal codes, or any county, state, or federal law t hat substantially affects public health, welfare or safety; b. The plan fails to include all the information required by this Chapter; c. The plan is insufficient or inadequate to deter removal of carts from the owner's premises; d. The plan fails to address any special or unique conditions, due to the geographical location of the premises, as they relate to cart retention and prevention efforts; 276 Item 4. 8 e. Implementation of the plan would violate a term or condition of another City policy or requirement of this Code; f. The owner has knowingly made a false statement of fact, or omits a fact required to be revealed in an application for a plan, or in any addendum or report or other information required to be provided regarding the plan. (5) If the plan is rejected as incomplete or inadequate, the Community Development Director shall indicate the areas of incompleteness or inadequacy, and the owner shall have an additional 15 days in which to resubmit a corrected plan. D. Plan modification. At any time, subsequent to the Community Development Director's approval of a plan, the owner may request a modification of a previously approved plan to address a change in circumstances, an unanticipated physical or economic impact of the plan, or a need to modify an ineffective plan. Each proposed amendment shall be accompanied by a processing fee in an amount as set by resolution of the City Council. No proposed amendment shall be accepted for filing and processing by the Community Development Director unless accompanied by the processing fee as established by the City Council. Any addition of carts to a business shall be reported to the Planning Department within 10 days. E. Annual renewal. Every owner that is subject to this Chapter shall annually update the plan on file with the community development department, on or before the annual renewal of the retail establishments' business license. The update shall include any changes, additions or modifications to the plan; or a declaration that the information contained in the plan is still accurate and in full force and effect. Notwithstanding the forgoing, retail establishments that have installed a physical containment system, (such as wheel locks or similar electronic devices), that has been found to effectively det er the removal of carts from the premises and subsequently being abandoned on public and private property, will be subject to renewal of the plan once every three years. 8.55.050 - Penalties for failing to submit or implement a plan. Any owner that fails to submit a plan, implement the proposed plan measures, or implement any required modifications to the plan by the City within the time frames specified in this division shall be subject enforcement proceedings and penalties pursuant to Chapter 1.16 of this Code. 277 Item 4. 9 8.55.060 - Appeals. Any owner aggrieved by any adverse decision of the Community Development Director pursuant to this division may appeal such decision pursuant to Chapter 1.16 of this Code. 8.55.070 - Unlawful acts by persons. It is unlawful for any person to do any of the following acts: A. To remove a shopping cart from the premises of a retail establishment with the intent to temporarily or permanently deprive the owner of possession of the cart. B. To be in possession of any shopping cart while that cart is not located on the premises of a retail establishment, with the intent to temporarily or permanently deprive the owner of possession of the cart. C. To be in possession of any shopping cart with serial numbers removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner of possession of the cart. D. To abandon a shopping cart at a location other than the premises of the retail establishment with the intent to temporarily or permanently deprive the owner of possession of the cart. E. To alter, convert, or tamper with a shopping cart, or to remove any part or portion thereof or to remove, obliterate or alter serial numbers on a cart, or to remove a sign required by this division from a cart, with the intent to temporarily or permanently deprive the owner of possession of the cart. 8.55.080 -Enforcement. A. The provisions of this Chapter shall be administered and enforced by enforcement personnel. In the enforcement of this division, enforcement personnel may enter upon public property which the City owns or has a right to enter to examine a shopping cart or parts thereof, or to obtain information as to the identity of a shopping cart and remove, or cause removal of, a shopping cart, or parts thereof, declared to be a nuisance pursuant to this division. Enforcement personnel may enter upon public property which the City does not own or have a right to enter or private property to enforce the provisions of this division after obtaining 278 Item 4. 10 permission to enter from the owner or occupant of the property or after obtaining a warrant from a court of competent jurisdiction authorizing entry onto the property. B. The City may enforce violations of this division by use of administrative citations as provided in Chapter 1.17 or 8.32. of this Code, and by any other means authorized in this Code. 8.55.090 - Shopping cart abatement. Upon discovering the existence of a removed or abandoned shopping cart which is not properly identified as belonging to a particular retail establishment, or parts thereof, on public or private property within the City, enforcement personnel shall have the authority to cause the abatement and removal thereof in accordance with the procedures described in this Chapter. 8.55.100 - Procedures for abatement. A. Shopping carts with signs affixed. A removed or abandoned shopping cart that has a sign affixed to it may be impounded by enforcement personnel pursuant to either of the following procedures. (1) Upon the discovery of a removed or abandoned cart, enforcement personnel give the owner of the cart notice of the cart's discovery and location. If three days after such notice is given the cart has not been retrieved by the owner or his or her agent, enforcement personnel may impound the cart. The owner of any cart impounded pursuant to this subsection (a)(1) shall be subject to any applicable fee or fine imposed pursuant to subdivision (e) or (f). A cart impounded pursuant to this subsection (a)(1) that is not reclaimed within 30 days of the owner's receipt of the notice provided for herein shall be disposed of pursuant to subsection (g). (2) Upon the discovery of a removed or abandoned cart, enforcement personnel shall immediately impound the cart and give the owner of the cart actual notice that the cart has been impounded within 24 hours of the impoundment. Any shopping cart impounded pursuant to this subsection (a)(2) that is reclaimed within three business days following the date of actual notice to the owner shall be released and surrendered to the owner or his or her agent at no charge whatsoever, including the waiver of any impound and storage fees or fines that would otherwise be applicable pursuant to subdivision (e) or (f) of this section. Any cart reclaimed within the three business day period shall not be deemed an 279 Item 4. 11 occurrence for the purposes of subdivision (f) of this section. The owner of any cart impounded pursuant to this subsection (a)(2) that is not reclaimed within three business days following the date of actual notice to the owner shall be subject to any applicable fee or fine imposed pursuant to subdivision (e) or (f) commencing on the fourth business day following the date of the notice. Any cart not reclaimed within 30 days of the actual notice provided to the owner of the cart shall be disposed of pursuant to subsection (g). B. Shopping carts without signs affixed. A removed or abandoned shopping cart that does not have a sign affixed to it identifying the owner may be impounded immediately upon its discovery by enforcement personnel. Carts impounded pursuant to this subsection (b) may be disposed of immediately. C. Emergency removal. Notwithstanding subsection (a) of this section, a removed or abandoned shopping cart with a sign affixed to it identifying the owner may be impounded immediately if the location of the shopping cart will impede emergency services. Enforcement personnel shall give the owner or his or her authorized agent notice of the impoundment within three business days of the impoundment. The owner of any cart impounded pursuant to this subsection (c) shall be subject to any applicable fee or fine imposed pursuant to subdivision (e) or (f). Any cart not reclaimed within 30 days of the date the owner of the cart receives notice of its impoundment shall be disposed of pursuant to subsection (g). D. Impound location. Any shopping cart that is impounded by the enforcement personnel pursuant to this division shall be held at a location that is reasonably convenient to the owner of the shopping cart and open for business at least six hours of each business day. The City's corporate yard is centrally located within the City and open at least six hours each business day, and the City finds that holding impounded shopping carts at the corporate yard satisfies the requirements of this subsection. E. Recovery of costs. The City Council may provide by resolution for the recovery of the actual cost in providing the service of impounding shopping carts. F. Fines. In addition to the fee for the service of impounding shopping carts, a fine in the amount of $50.00 is hereby imposed upon each owner of a shopping cart for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with this section. An occurrence includes all shopping carts impounded in accordance with this Chapter in a one-day period. This subsection does not apply to and does not limit or 280 Item 4. 12 prohibit any other fee, fine or penalty that the City may charge for violation of the other provisions of this Chapter. G. Disposal of carts. Any shopping cart not reclaimed from the City within 30 days of receipt of a notice of violation by the owner of the shopping cart may be sold or otherwise disposed of by the City as determined by City in its sole and absolute discretion. The preferred method of disposal shall be recycling. H. Actual notice. A notice, as required by this division, may be served personally upon the designated owner identified in a sign permanently affixed to a shopping cart or by mail as prescribed by California Code of Civil Procedure Section 1013. 8.55.110 - Fee. The City Council has set by resolution processing and inspection fees for the submissions required by this Chapter at the cost recovery fees authorized by Resolution 2017-48. . The fees set by the resolution of the City Council with regards to this section shall not exceed the amount reasonably necessary for the City to perform the services provided. 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. 281 Item 4. 13 NOW, THEREFORE, BE IT ORDAINED 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 7th day of July 2020, 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 7th day of July 2020. AYES: NOES: ABSENT: ABSTAIN: _______________________ Rey Santos, Mayor Attest: Steven Mehlman, City Clerk Approved as to form: _________________________ John O. Pinkney, City Attorney ______________________ 282 Item 4. Staff Report TO: City Council FROM: Jeff Hart, Public Work Director DATE August 4, 2020 SUBJECT: Performance Bond Acceptance and Security Agreement for SDC Fairway Canyon, LLC Tract 31462- Phase 4 Sewer improvements Background and Analysis: The City requires developers to provide security for 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 SDC Fairway Canyon, LLC. SDC Fairway Canyon: SDC Fairway Canyon, LLC will construct the sewer improvements for Tract 31462, which is part of the Fairway Canyon development. Tract 31462 is located north of Oak Valley Parkway, south of Champions Road and west of the extension of Tukwet Canyon Parkway in the City of Beaumont. These public improvements will be constructed within the specific plan commonly referred to as Fairway Canyon and within the City right of way. The following table includes the development name, bond number, type of improvement, and the developer submitting the security agreement: Table 1 Bond # Bond Type Type of Improvement Development/Tract # Developer 1001124455 Performance Sewer Improvements Fairway Canyon/31462 SDC Fairway Canyon, LLC Staff has reviewed the security agreement along with the performance and payment bond and determined that they are consistent with the City’s municipal code. Staff recommends the City Council accept the bond listed in Table 1. 283 Item 5. Fiscal Impact: The cost of preparing the staff report is estimated to be $350. Recommended Action: Accept the following bond and security agreement:  Performance Bond No. 1001124455 for sewer improvements for Tract 31462. Attachments: A. Bond No. 1001124455 and security agreement for sewer improvements Tract 31462, and associated improvement plans. 284 Item 5. 285 Item 5. 286 Item 5. 287 Item 5. 288 Item 5. 289 Item 5. 290 Item 5. 291 Item 5. 292 Item 5. 293 Item 5. 294 Item 5. 295 Item 5. 296 Item 5. 297 Item 5. 298 Item 5. 299 Item 5. 1 11 25109 jefferson Ave. Suite 200 Murrieta, CA 92562 951-200-6840 · · 5/5/20 300 Item 5. 11 25109 jefferson Ave. Suite 200 Murrieta, CA 92562 951-200-6840 2 PHAS E 1PHAS E 2 5/5/20 301 Item 5. 11 25109 jefferson Ave. Suite 200 Murrieta, CA 92562 951-200-6840 3 2295 2305 2285 2235 2245 2225 24+67.27- MATCHLINE - SEE 31462-23 PLANS 2235 2225 2215 2235 2225 2215 2230 2255 2265 2245 LOPEZ LANE BALLESTEROS DRIVE FALDO STREET5/5/20 302 Item 5. 11 25109 jefferson Ave. Suite 200 Murrieta, CA 92562 951-200-6840 4 2325 34+00.00 - MATCHLINE - SEE SHEET 3 2315 2305 43+00.00 - MATCHLINE - SEE SHEET 5 2325 2315 2305 OUIMET WAY 5/5/20 303 Item 5. 11 25109 jefferson Ave. Suite 200 Murrieta, CA 92562 951-200-6840 5 2315 2305 2295 2315 2305 2295 2315 2305 ZOELLER STREETWEISKOPF WAY 5/5/20 304 Item 5. 11 25109 jefferson Ave. Suite 200 Murrieta, CA 92562 951-200-6840 6PHASE 2PHASE 1DETAIL "A" DETAIL "B" TUKWET CANYON PARKWAY TUKWET CANYON PARKWAY PRICE ST R E E T ELS PLACE PHASE 1PHASE 25/5/20 305 Item 5. 11 25109 jefferson Ave. Suite 200 Murrieta, CA 92562 951-200-6840 7PRICE STREETPRICE STREET 5/5/20 306 Item 5. 11 25109 jefferson Ave. Suite 200 Murrieta, CA 92562 951-200-6840 8 5/5/20 307 Item 5. 11 25109 jefferson Ave. Suite 200 Murrieta, CA 92562 951-200-6840 9 SORE N S T A M D R I V E SORE N S T A M D R I V E FUTURE S T R E E T 5/5/20 308 Item 5. 11 25109 jefferson Ave. Suite 200 Murrieta, CA 92562 951-200-6840 10 FORD STREET 43+00 44+00 45+00 46+00 5/5/20 309 Item 5. 25109 jefferson Ave. Suite 200 Murrieta, CA 92562 951-200-6840 11 11 FALDO STREET SORENSTAMDRIVE13.75'5/5/20 310 Item 5. Staff Report TO: City Council FROM: Jeff Mohlenkamp, Finance Director DATE August 4, 2020 SUBJECT: Public Hearing to Consider the Placement of Delinquent Solid Waste Handling Service Charges on The Property Tax Roll Background and Analysis: Pursuant to City of Beaumont Municipal Code Section 8.12.240, and Health and Safety Code section 5470 et seq., the City may collect delinquent fees or charges for commercial, single family residential, and multifamily residential solid waste handling services on the property tax roll for those premises. In accordance with Health and Safety Code (“H&S”) Section 5473, the City has prepared a written report which contains a description of each parcel of real property with delinquent fees and charges. This report is on file with the City Clerk and is attached as Exhibit A to the proposed resolution authorizing the collection of the delinquent fees and charges on the tax rolls. By approving the proposed resolution, the City Council would be authorizing the City to collect delinquent solid waste handling charges and fees on the tax roll in the same manner and at the same time as the general taxes. Prior to approving the placement of the delinquent service charges and fees on the tax roll, H&S Section 5473 et seq. requires the City Council to conduct a public hearing. Notice of this public hearing was provided in accordance with H&S Section 5473.1, by publishing a notice of the hearing in the Press Enterprise newspaper on July 19, 2020, and July 26, 2020. The notice of public hearing was also mailed to the owner(s) of each parcel for which charges will be placed on the tax roll. During the public hearing the City Council shall hear and consider all objections or protests, if any, to the report and the placement of the charges on the tax roll. If the City Council finds that a majority of the parcel owners subject to the charges have submitted protests or appeared to protest, the report shall not be adopted and the charges must be collected separately from the tax roll. Upon the conclusion of the hearing, the legislative body may adopt, revise, change, reduce or modify any charge or overrule 311 Item 6. any or all objections. The resolution placing the charges on the tax roll must be approved by a two-thirds vote of the City Council. Fiscal Impact: Approval of the resolution and collection of delinquent solid waste handling charges and fees on the Riverside County Auditor tax rolls will allow for the cost recovery of $255,670.88. These fees will be collected and remitted to the contractor Waste Management in accordance with the City’s franchise agreement. Recommended Action: Conduct a public hearing, and Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont, California, Authorizing the Collection of Delinquent Solid Waste Handling Service Charges on the Property Tax Roll.” Attachments: A. Resolution – Delinquent Sanitation Fees B. Exhibit A to Resolution, 2020 List of Sanitation Fee Delinquencies 312 Item 6. Resolution 2020 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AUTHORIZING THE COLLECTION OF DELINQUENT SOLID WASTE HANDLING SERVICE CHARGES ON THE PROPERTY TAX ROLL WHEREAS, California Health and Safety Code Section 5473 et. seq. authorizes the City to adopt a resolution by two-thirds of the members of the City Council to collect delinquent solid waste handling rates on the tax roll, in the same manner and at the same time as the general taxes; and WHEREAS, Section 8.12.240 of the City of Beaumont Municipal Code provides that “The City may collect delinquent fees or charges for commercial, single family residential, and multifamily residential solid waste handling services on the property tax roll for those premises”; and WHEREAS, in accordance with Health and Safety Code Section 5473, City staff has prepared a written report, attached hereto as Exhibit A and on file with the City Clerk, which contains a description of each parcel of real property with delinquent solid waste handling fees and charges, and the amount of the delinquent fees and charges for each parcel; and WHEREAS, in accordance with Health and Safety Code Section 5473.1, the City provided notice of a public hearing by publishing a notice in the Press Enterprise newspaper on July 19, 2020, and July 26, 2020, and by mailing a copy of the notice to the owner(s) of each parcel for which charges will be placed on the tax roll; and WHEREAS, the City Council conducted a duly noticed public hearing on this matter on August 4, 2020, wherein it heard and considered all objections or protests, if any, to the report and the proposed placement of delinquent solid waste handling services charges and fees on the property tax roll. NOW THEREFORE BE IT RESOLVED, be it resolved, by the City Council of the City of Beaumont, California, as follows: SECTION 1: The above recitals are true and correct and are incorporated herein. SECTION 2: The City approves the collection of the delinquent solid waste handling services charges and fees via the tax roll in the same manner and at the same time as the general taxes. The City Clerk is directed to file with the county auditor a copy of the report prepared pursuant to Health and Safety Code Section 5473 attached hereto as Exhibit A, with a statement endorsed on the report over his or her signature that the report has been adopted by the City Council and the county auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. 313 Item 6. MOVED, PASSED, and ADOPTED this 4th day of August, 2020 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ Rey Santos, Mayor ATTEST: _____________________________ Nicole Wheelwright, Deputy City Clerk 314 Item 6. ParcelNo Total TR 400030023 64.88 400030033 318.48 400030041 64.88 400040015 318.48 400040017 384.58 400040041 318.48 400040043 318.48 400040055 112.10 400040080 58.98 400050023 318.48 400050026 272.70 400050037 49.50 400050040 318.48 400050046 374.62 400050058 117.94 400050067 194.60 400060005 58.98 400060014 318.48 400060024 68.42 400060040 318.48 400060055 318.48 400060089 318.48 400070003 102.16 400070015 112.04 400070020 336.62 400070026 25.44 400070031 70.78 400070036 123.84 400070037 146.48 400070042 318.48 400070052 318.48 400070061 318.48 400070064 64.88 400070070 58.98 400070071 318.48 400070079 161.14 400070084 318.48 400080007 318.48 400080017 64.88 400080019 39.84 400080030 64.88 400080031 192.68 400080036 111.98 400080056 318.48 400080069 318.48 400080080 318.48 315 Item 6. 400090005 318.48 400090016 318.48 400090026 259.50 400100021 283.18 400100036 318.48 400100051 200.52 400110007 318.48 400110018 136.98 400120002 188.72 400120023 318.48 400120027 117.94 400120051 318.48 400120053 64.88 400130002 318.48 400130006 413.54 400130029 318.48 400130036 123.78 400130038 64.88 400140013 318.48 400142048 117.94 400151006 259.50 400151007 64.88 400151009 64.88 400151010 318.48 400154002 64.88 400161014 318.48 400170001 58.98 400171006 70.78 400171020 117.94 400171025 318.48 400171027 413.54 400171031 176.88 400180004 58.98 400190082 154.12 400200045 117.94 400210006 123.84 400230029 58.98 400230036 318.48 400240008 58.98 400260006 318.48 400260033 64.88 400270001 123.84 400270058 64.88 400270059 117.94 400270066 318.48 400270077 259.50 400290003 29.50 316 Item 6. 400300076 64.88 400310033 288.98 400310047 278.84 400320027 58.90 400330003 194.62 400340018 318.48 400340053 64.88 400340060 318.48 400350004 53.08 400350024 58.98 400360020 318.48 400380018 58.98 400380045 64.88 400390011 88.94 400400031 64.88 400431003 67.66 400431011 318.48 400440003 318.48 400450001 194.62 400450006 58.98 400450019 318.48 400450022 64.88 400450027 123.84 400461005 318.48 400461010 53.08 400462006 83.52 400470001 318.48 400470002 318.48 400471002 413.54 400481002 83.52 400481005 318.48 400481025 58.98 400481029 58.98 400481035 318.48 400482005 318.48 400482036 318.48 400490006 318.48 400490008 58.98 400490011 83.52 400490015 413.54 400490020 318.48 400490026 64.88 400491001 188.72 400500003 318.48 400500011 413.54 400500012 64.88 400501001 119.00 317 Item 6. 400501002 413.54 400501003 159.22 400501008 64.78 400510028 45.74 400510032 58.98 400510041 123.84 400511010 318.48 400511019 318.48 400511020 64.88 400511021 318.48 400541015 318.48 400541018 35.86 400541026 98.08 400542014 318.48 400552001 318.48 400560007 123.84 400561003 318.48 400561011 332.02 400561013 413.54 400561039 318.48 400562003 318.48 400562017 83.56 400570003 135.62 400570030 89.42 400570034 58.98 400570037 58.98 400570043 188.72 400580010 259.50 400580041 70.78 400580047 318.48 400590005 318.48 400590022 318.48 400590050 123.84 400600015 318.48 400600017 318.48 400610020 149.38 400610027 64.88 400610029 117.94 400610036 163.74 400620020 247.68 400620026 318.48 400620027 64.88 400620034 318.48 400620035 318.48 400630002 38.34 400630021 318.48 400630036 58.98 318 Item 6. 400630050 64.88 400630054 64.88 404021002 318.48 404021003 58.98 404021005 318.48 404022009 58.98 404022016 58.98 404022021 64.88 404023010 318.48 404030007 70.72 404030008 318.48 404030017 318.48 404030018 318.48 404031002 318.48 404031016 318.48 404032007 318.48 404032016 318.48 404032026 91.84 404040004 318.48 404040015 318.48 404040017 188.72 404040021 318.48 404041001 41.28 404041020 58.92 404041023 58.98 404041032 64.88 404042011 318.48 404042014 188.72 404042019 123.84 404043007 318.48 404053004 141.48 404060007 83.52 404061004 318.48 404062010 306.88 404070001 194.62 404070007 318.48 404071009 318.48 404071010 129.74 404071017 213.52 404090005 318.48 404092011 318.48 404092019 117.94 404093020 53.04 404093039 318.48 404120003 58.98 404120021 413.54 404121003 64.88 319 Item 6. 404121013 318.48 404150005 413.54 404150007 318.48 404150008 58.98 404150013 117.94 404151007 129.72 404160003 318.48 404160007 413.54 404160016 64.88 404160019 318.48 404161004 318.48 404170007 206.38 404181002 318.48 404182005 64.88 404183002 200.52 404210019 318.48 404211004 123.84 404211007 200.48 404212005 129.74 404213011 318.48 404213016 318.48 404220003 455.20 404220005 200.48 404220006 64.88 404220017 318.48 404222014 318.48 404222019 318.48 404222021 318.48 404222025 318.48 404223001 318.48 404223005 64.88 404224004 318.48 404225006 318.48 404240003 118.52 404240005 208.12 404251006 318.48 404252002 182.82 408101001 318.48 408101009 318.48 408101014 318.48 408101032 64.88 408101070 64.88 408101077 200.48 408102020 318.48 408102033 413.54 408102035 133.54 408102036 318.48 320 Item 6. 408102037 94.30 408102042 318.48 408102046 111.98 408102052 64.88 408102058 64.88 408102060 64.88 408102063 58.98 408102075 259.50 408111016 64.88 408112006 64.88 408112009 318.48 408112017 64.88 408112021 64.88 408112035 318.48 408112040 318.48 408112053 318.48 408112054 318.48 408150001 53.04 408150012 123.84 408150046 47.18 408150057 318.48 408150062 318.48 408160014 123.78 408160020 129.74 408160046 64.88 408160054 413.54 408160061 476.66 408170006 413.54 408170009 200.48 408170014 413.54 408170031 64.88 408170034 141.48 408170037 64.78 408180003 188.72 408180023 318.48 408180027 318.48 408180046 58.98 408180050 318.48 408180058 318.48 408190004 64.88 408190013 64.88 408190028 58.98 408190062 170.56 408190069 182.88 408190075 58.94 408202012 163.78 408202013 318.48 321 Item 6. 408210001 64.88 408210012 318.48 408210014 318.48 408211004 318.48 408211011 129.74 408211021 64.88 408211023 64.88 408213001 318.48 408213002 318.48 408220012 318.48 408221008 200.48 408222004 165.14 408222022 52.20 408222026 58.98 408222037 259.50 408230010 318.48 408230023 318.48 408230031 318.48 408230033 117.90 408230041 123.82 408230048 200.48 408231001 117.94 408233033 58.98 408242001 141.48 408242009 58.98 408242026 188.72 408250009 64.88 408250032 64.88 408251003 58.98 408251006 64.88 408252001 225.32 408252038 64.88 408261009 64.82 408261017 318.48 408271026 156.48 408291047 41.54 408291056 64.88 408291066 126.76 408300004 123.78 408300008 334.08 408301006 77.62 408301007 64.88 408302023 259.48 408340018 44.62 413491003 191.68 413491011 318.48 413493001 318.48 322 Item 6. 413500008 139.96 413500015 64.88 413511003 82.58 413511007 318.48 413511008 64.88 413511010 312.58 413511020 58.98 413511021 64.88 413511035 64.88 413512001 406.60 413512009 318.48 413513001 64.88 413513005 64.88 413520021 318.48 413520036 58.98 413520038 58.98 413520047 30.98 413520051 318.48 413521010 82.48 413530008 318.48 413532004 52.20 413532006 41.18 413532011 64.88 413532013 141.48 413540005 70.78 413540014 162.06 413550003 318.48 413550021 318.48 413551011 38.28 413551015 77.62 413551022 64.88 413551024 318.48 413551026 64.88 413561004 231.98 413562009 318.48 413563001 318.48 413570010 117.94 413570014 318.48 413571012 129.74 413571015 265.30 413572002 64.88 413572005 175.70 413580018 318.48 413581003 84.96 413581006 52.12 413582017 117.94 413582021 70.72 323 Item 6. 413650004 58.98 413651002 318.48 413651009 64.84 413660009 318.48 413660018 88.46 413671008 161.14 413671012 405.80 413671016 51.86 413681027 149.34 413681030 28.52 413681031 192.36 413690020 206.38 413690022 318.48 413691006 58.98 413691016 289.68 413691028 89.34 413691029 318.48 413692002 318.48 413692003 318.48 413692004 259.50 413692006 318.48 413700005 318.48 413700014 318.48 413700024 159.20 413700028 318.48 413700049 318.48 413700052 259.50 413710010 117.94 413710018 64.88 413710043 318.48 413710054 318.48 413721002 318.48 413722011 318.48 413722014 318.48 413722018 64.88 413722019 318.48 413722031 318.48 413730027 244.66 413740004 82.66 413741002 318.48 413750012 318.48 413750013 318.48 413750015 188.70 413751003 318.48 413760012 318.48 413760017 164.74 413760020 318.48 324 Item 6. 413760031 318.48 413761002 318.48 413761011 129.74 413761019 413.54 413761022 265.40 413770011 318.48 413770025 45.10 413771008 413.54 413771015 82.48 413771021 188.72 413771024 83.52 413800014 318.48 413810001 64.88 413811002 188.72 413811009 318.48 413811017 58.98 413811023 70.78 413821015 47.22 413830007 63.72 413832021 234.76 413840003 318.48 413840015 318.48 413840030 64.80 413840040 64.88 413841005 64.88 413850016 82.48 413860025 318.48 413871006 318.48 413871016 64.88 413881012 318.48 413891003 70.78 413892005 318.48 413892016 200.48 413893004 135.64 413893008 58.92 414032001 318.48 414033005 318.48 414033018 111.94 414034010 318.48 414034014 259.50 414051009 64.88 414052008 259.50 414142026 318.48 414142032 45.10 414150008 318.48 414161010 64.88 414171009 38.34 325 Item 6. 414172004 182.82 414172017 186.62 414181035 318.48 414181036 318.48 414181037 318.48 414183006 318.48 414183007 200.48 414183009 413.54 414183017 64.88 414191005 318.48 414192003 318.48 414195010 318.48 414201001 318.48 414202006 167.04 414202012 64.88 414211015 200.48 414212014 318.48 414212015 318.48 414220006 451.20 414220015 200.50 414220025 318.48 414220026 259.48 414220038 58.98 414220044 318.48 414220046 318.48 414231006 318.48 414231014 252.12 414231020 64.88 414231039 413.54 414231040 194.62 414241001 318.48 414241031 123.84 414241035 123.84 414241043 318.48 414241049 64.88 414241065 64.88 414252002 65.72 414252011 58.88 414252018 64.88 414252026 129.68 414252033 318.48 414252044 318.48 414261038 413.54 414262008 58.98 414262013 67.02 414272011 318.48 414272019 318.48 326 Item 6. 414282005 64.88 414282007 200.52 414283013 182.82 414283019 413.54 414283029 64.88 414283036 318.48 414283037 318.48 414290013 188.72 414290014 58.98 414290020 188.72 414290030 318.48 414290031 64.88 414290041 117.94 414291001 318.48 414301025 64.88 414311001 110.26 414311013 318.48 414320018 64.88 414320023 318.48 414320031 64.84 414320036 318.48 414320043 117.94 414320052 259.48 414320053 318.48 414330002 83.52 414330012 318.48 414330018 202.44 414330020 336.84 414331017 413.54 414340001 123.84 414340018 318.48 414340024 64.88 414340039 64.88 414340040 111.98 414340045 58.98 414340046 413.54 414341007 58.98 414341016 58.98 414341018 318.48 414350001 100.94 414350011 318.48 414350020 123.84 414350021 318.48 414350035 244.66 414350045 318.48 414350052 165.08 414390001 318.48 327 Item 6. 414400039 64.88 414400043 64.88 414400044 58.98 414510012 318.48 414510016 141.54 415020003 318.48 415031021 58.64 415032047 58.98 415042002 200.52 415042028 117.94 415042041 318.48 415042060 64.88 415043008 318.48 415043009 318.48 415043017 318.48 415050004 47.18 415050035 318.48 415050046 194.58 415050047 153.28 415061004 58.98 415061015 64.88 415061031 31.58 415070003 434.52 415070009 318.48 415070010 88.30 415070026 259.50 415070029 69.54 415071007 318.48 415080008 58.98 415080009 153.86 415091006 293.70 415091008 253.64 415091009 655.34 415092006 259.50 415100001 625.16 415100006 318.48 415100011 318.48 415100032 175.52 415100038 188.72 415100057 64.88 415100064 259.50 415100065 64.88 415100067 318.48 415100079 413.54 415111005 318.48 415121002 132.14 415121014 60.04 328 Item 6. 415121018 58.98 415121024 318.48 415121026 226.44 415122010 141.48 415130010 64.88 415130012 127.62 415130013 77.62 415130029 117.94 415130046 244.66 415141004 58.98 415142004 58.98 415142012 318.48 415142020 53.00 415142024 64.98 415142026 376.92 415150008 64.88 415150061 64.88 415161016 206.42 415161021 413.54 415161029 33.84 415162001 517.18 415162009 64.88 415171002 342.32 415171009 64.88 415171010 58.98 415171030 188.72 415172022 70.78 415180005 318.48 415180015 318.48 415180032 318.48 415180037 349.38 415180043 83.52 415180046 160.12 415191003 413.54 415191005 318.48 415191029 259.18 415191031 306.68 415191033 194.62 415192009 318.48 415200003 167.04 415200005 318.48 415200010 188.72 415200011 318.48 415200032 118.00 415210005 64.88 415210008 673.70 415210011 318.48 329 Item 6. 415210025 318.48 415210037 318.48 415221002 318.48 415221003 318.48 415221022 318.48 415223007 244.66 415223009 318.48 415224008 58.98 415224011 123.84 415231012 318.48 415231013 375.94 415231015 318.48 415233020 64.88 415233021 318.48 415241005 96.26 415241007 194.62 415242003 413.54 415251011 413.54 415252006 636.96 415252011 323.84 415252017 318.48 415253008 318.48 415261001 955.44 415262002 103.06 415262019 58.98 415271010 955.44 415271013 64.88 415272011 33.50 415282023 64.88 415282026 58.98 415291016 123.84 415292009 517.18 415292020 188.72 415292021 40.60 415293012 318.48 415293013 163.74 415301005 259.18 415302013 64.88 415303005 129.74 415303007 129.74 415312005 53.08 415312024 615.34 415313012 413.54 415313027 318.48 415313028 147.44 415321011 383.36 415322008 318.48 330 Item 6. 415322010 136.60 415331007 318.48 415331013 83.00 415333002 64.88 417046001 64.88 417046007 955.44 417046009 517.18 417054002 318.48 417054012 318.48 417055002 896.14 417056005 129.72 417056011 526.32 417062001 167.04 417062007 318.48 417100044 312.86 417122007 318.48 417122008 318.48 417123004 318.48 417130006 182.88 417140011 318.48 417140026 188.72 417140028 141.48 417160022 318.48 418020002 83.52 418020018 933.50 418020025 383.36 418020038 318.48 418021002 84.50 418031008 64.88 418031012 413.54 418031015 473.02 418031017 636.96 418032002 318.48 418032015 188.72 418032022 318.48 418032024 117.94 418043001 318.48 418043017 318.48 418051011 413.54 418053010 182.82 418053011 318.48 418062006 318.48 418071001 123.88 418071005 58.98 418072005 200.48 418073013 194.62 418073014 129.74 331 Item 6. 418074014 318.48 418081013 64.88 418082008 58.98 418082009 259.18 418083017 241.80 418084007 64.88 418084014 318.48 418084018 155.24 418084022 318.48 418091002 129.74 418091016 318.48 418092019 318.48 418092024 318.48 418093006 318.48 418101005 623.46 418102012 318.48 418102014 259.50 418112006 318.48 418112008 318.48 418112009 318.48 418113004 732.02 418121004 2,902.88 418122027 64.88 418123006 318.48 418123008 318.48 418123009 85.48 418130041 343.48 418210015 361.44 418320009 171.04 418320011 318.48 418320012 318.48 418330021 318.48 418341035 517.18 418360007 318.48 419202009 636.96 419202011 188.72 419211002 318.48 419212002 318.48 419213003 318.48 419213008 318.48 419213013 318.48 419213028 250.56 419213034 413.54 419213035 244.66 419213039 436.42 419221018 318.48 419222005 259.50 332 Item 6. 419222006 318.48 419222011 318.48 419232020 58.64 419250003 83.52 419420010 317.36 419420022 188.72 419422003 318.48 419422005 318.48 419422007 70.78 419422019 58.98 419423006 318.48 419424002 212.30 419424003 117.94 419431010 53.04 419440007 169.90 419440010 64.88 419440024 58.98 419441001 83.52 419441005 318.48 419441009 171.34 419441011 318.48 419442012 154.68 419442019 318.48 419442037 64.88 419442044 318.48 419452025 58.98 419452033 318.48 419453001 318.48 419453006 58.98 419460002 123.84 419460006 318.48 419460012 318.48 419460023 318.48 419460032 318.48 419460034 276.14 419460037 194.62 419460044 318.48 419460046 235.90 419470014 318.48 419471001 117.90 419471010 318.48 419471011 318.48 419471014 58.98 419472004 318.48 419480008 112.04 419480013 129.74 419480017 77.62 333 Item 6. 419480032 64.88 419481009 250.56 419481010 129.68 419482007 64.88 419483003 318.48 419483005 318.48 419491007 318.48 419491013 318.48 419491015 64.88 419493011 58.98 419494001 83.52 419495009 318.48 419496007 318.48 419500011 161.14 419500013 318.48 419502005 64.78 419512004 318.48 419512012 318.48 419512015 318.48 419512031 259.50 419521011 194.62 419522008 318.48 419522016 117.94 419522030 123.84 419522046 58.98 419523001 58.98 419523007 58.98 419531008 58.98 419531009 64.88 419531010 318.48 419531023 318.48 419532004 188.72 419532029 64.88 419533009 64.88 419533013 318.48 419533014 64.88 419533017 318.48 419533032 65.68 419534004 413.54 419540006 58.98 419541004 318.48 419541008 320.42 419550001 141.48 419550007 64.88 419550009 58.98 419550015 318.48 419550047 64.82 334 Item 6. 419550050 123.84 419550051 318.48 419550053 192.36 419551006 318.48 419551008 123.78 419551019 64.88 419551026 318.48 419551027 318.48 419551032 318.48 419551040 318.48 419552007 318.48 419552018 318.48 419552019 318.48 419561001 197.62 419561002 517.18 419561006 143.48 419561010 318.48 419561011 123.84 419561012 58.98 419562011 117.94 419562019 188.72 419571003 318.48 419573006 96.26 419573009 336.18 419574004 318.48 419574013 318.48 419580001 73.58 419580007 318.48 419580022 318.48 419580030 64.88 419581002 318.48 419582001 259.48 419582002 64.88 419582004 318.48 419582005 58.98 419582020 318.48 419591010 64.88 419591013 318.48 419591015 318.48 419592004 165.12 419600003 82.58 419600009 318.48 419600016 318.48 419600020 732.02 419600021 64.88 419600025 145.42 419600034 413.54 335 Item 6. 419601010 318.48 419601011 70.78 419601024 194.62 419601027 141.52 419601029 194.62 419601030 109.06 419601041 318.48 419602005 195.36 419620001 318.48 419621002 111.98 419621004 94.42 419621008 318.48 419621009 70.78 419622002 318.48 419622004 318.48 419622005 111.98 419622006 413.54 419622012 165.22 419622016 318.48 419623004 318.48 419623012 64.88 419623013 200.50 419623017 318.48 419623021 176.88 419623024 123.84 419630010 64.88 419630022 318.48 419630023 58.98 419630027 64.88 419631008 318.48 419631011 318.48 419640001 64.88 419640006 225.92 419640016 64.88 419640020 89.10 419643002 318.48 419643003 318.48 419643016 194.62 419650013 318.48 419650024 41.24 419650040 318.48 419660001 318.48 419660002 318.48 419660003 318.48 419660011 64.88 419660014 318.48 419660027 64.88 336 Item 6. 419660029 188.72 419660030 58.98 419660033 318.48 419661001 636.96 419661002 318.48 419661009 194.62 419661012 318.48 419672002 106.14 419672006 88.48 419672007 318.48 419680006 64.84 419680011 318.48 419681002 318.48 419682002 70.78 419682009 318.48 419682020 318.48 419683001 318.48 419683009 318.48 419690028 318.48 419692007 318.48 419692013 318.48 419692030 318.48 419692031 58.98 419692048 58.98 419692057 188.72 419693010 82.48 419693014 259.50 419693019 318.48 419701004 117.94 419701016 64.88 419701017 111.98 419702005 318.48 419702011 318.48 419702030 58.64 419710008 64.88 419710018 55.18 419711007 64.78 419711016 83.52 419711020 64.88 419712002 141.48 419720017 224.08 419721001 318.48 419721014 58.98 419721019 208.12 419722027 318.48 419731019 318.48 419731021 58.98 337 Item 6. 419732001 163.74 419732003 64.88 419740015 318.48 419740029 64.88 419741012 194.58 419761008 72.18 428040011 64.88 428040035 318.48 428040036 318.48 428041002 58.98 428041018 82.48 428041019 188.72 428041038 318.48 428041046 318.48 428041051 318.48 428050001 318.48 428050002 123.84 428050010 318.48 428050014 164.58 428050015 188.68 428050017 83.26 428051005 318.48 428051019 58.98 428051023 318.48 428060001 413.54 428060014 64.88 428060019 245.74 428060020 318.48 428060021 318.48 428060023 129.74 428060024 318.48 428060037 64.88 428061018 318.48 428061027 413.54 428061032 64.88 428061039 58.98 428061042 64.88 428062004 123.84 428062018 129.74 428070010 318.48 428071004 64.88 428071012 318.48 428072001 47.10 428072003 238.76 428072015 192.22 428072021 58.98 428072023 211.34 338 Item 6. 428080007 318.48 428080010 253.58 428080031 64.88 428080036 64.88 428080046 58.98 428090005 58.88 428091016 318.48 428100020 165.28 428100024 117.94 428100028 182.82 428101001 318.48 428101005 318.48 428101007 64.88 428101008 318.48 428101011 70.78 428101019 318.48 428101024 318.48 428110005 318.48 428110019 318.48 428110025 64.88 428110035 318.48 428111002 318.48 428112012 318.48 428112015 58.98 428112016 200.48 428112019 64.88 428120023 188.72 428130012 64.88 428130023 188.72 428130051 106.14 428140006 53.08 428140066 318.48 428150069 70.78 428161039 117.94 428161085 64.88 428162021 53.08 428170015 64.88 428210030 59.44 428210056 318.48 428220014 64.88 428250011 58.98 428260006 200.52 428260015 306.72 428280033 65.40 428290054 318.48 428330001 318.48 428330002 259.50 339 Item 6. 428330014 64.88 428420023 64.88 255,670.88 340 Item 6. Staff Report TO: City Council FROM: Jeff Mohlenkamp, Finance Director DATE August 4, 2020 SUBJECT: Public Hearing to Consider the Placement of Delinquent Sewer Service Charges on The Property Tax Roll Background and Analysis: Pursuant to City of Beaumont Municipal Code Section 13.08.370 and 13.08.380, Resolution 2013-06 and Health and Safety Code section 5470 et seq., the City may collect delinquent fees or charges for commercial, single family residential, and multifamily residential sewer services on the property tax roll for those premises. In accordance with Health and Safety Code (“H&S”) Section 5473, the City has prepared a written report which contains a description of each parcel of real property with delinquent fees and charges. This report is on file with the City Clerk and is attached as Exhibit A to the proposed resolution authorizing the collection of the delinquent fees and charges on the tax rolls. By approving the proposed resolution, the City Council would be authorizing the City to collect delinquent sewer service charges and fees on the tax roll in the same manner and at the same time as the general taxes. Prior to approving the placement of the delinquent service charges and fees on the tax roll, H&S Section 5473 et seq. requires the City Council to conduct a public hearing. Notice of this public hearing was provided in accordance with H&S Sec tion 5473.1, by publishing a notice of the hearing in the Press Enterprise on July 19, 2020, and July 26, 2020. The notice of public hearing was also mailed to the owner(s) of each parcel for which charges will be placed on the tax roll. During the public hearing the City Council shall hear and consider all objections or protests, if any, to the report and the placement of the charges on the tax roll. If the City Council finds that a majority of the parcel owners subject to the charges have submitted protests or appeared to protest, the report shall not be adopted and the charges must be collected separately from the tax roll. Upon the conclusion of the hearing, the legislative body may adopt, revise, change, reduce or modify any charge or overrule 341 Item 7. any or all objections. The resolution placing the charges on the tax roll must be approved by a two-thirds vote of the City Council. Fiscal Impact: Approval of the resolution and collection of delinquent sewer service charges and fees on the Riverside County Auditor tax rolls will allow for the cost recovery of approximately $455,063. Recommended Action: Conduct a public hearing, and Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont, California, Authorizing the Collection of Delinquent Sewage Service Fees and Charges on the Property Tax Roll.” Attachments: A. Resolution – Delinquent Sewer Service Fees B. Exhibit A to Resolution, 2020 List of Sewer Fee Delinquencies 342 Item 7. Resolution 2020 -___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AUTHORIZING THE COLLECTION OF DELINQUENT SEWAGE SERVICE FEES AND CHARGES ON THE PROPERTY TAX ROLL Whereas, California Health and Safety Code Section 5473 et. seq. authorizes the City to adopt a resolution by two-thirds of the members of the City Council to collect delinquent sewer service charges and fees on the tax roll, in the same manner and at the same time as the general taxes; and WHEREAS, Sewer service charge billing policies and procedures and sewer service billing cycles are established pursuant to Ordinance No. 648, (Section 13.08.3 20, 13.08.340, 13.08.350, and 13.08.360 of the Beaumont Municipal Code); and WHEREAS, Section 13.08.370 and 13.08.380 and Resolution 2013-06, provides that the City may collect delinquent sewer services fees and charges on the property tax roll. WHEREAS in accordance with Health and Safety Code Section 5473, City staff has prepared a written report, attached hereto as Exhibit A and on file with the City Clerk, which contains a description of each parcel of real property with delinquent solid waste handling fees and charges, and the amount of the delinquent fees and charges for each parcel; and WHEREAS, in accordance with Health and Safety Code Section 5473.1, the City provided notice of a public hearing by publishing a notice in the Press Enterprise newspaper on July 19, 2020, and July 26, 2020, and by mailing a copy of the notice to the owner(s) of each parcel for which charges will be placed on the tax roll; and WHEREAS, the City Council conducted a duly noticed public hearing on this matter on August 4, 2020, wherein it heard and considered all objections or protests, if any, to the report and the proposed placement of delinquent solid waste handling services charges and fees on the property tax roll. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Beaumont as follows: SECTION 1: The above recitals are true and correct and are incorporated herein. SECTION 2: The City approves the collection of the delinquent sewer service charges and fees via the tax roll in the same manner and at the same time as the general taxes. The City Clerk is directed to file with the county auditor a copy of the report prepared pursuant to Health and Safety Code Section 5473 attached hereto as Exhibit A, with a statement endorsed on the report over his or her signature that the report has been 343 Item 7. adopted by the City Council and the county auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. MOVED, PASSED, and ADOPTED this 4th day of August, 2020 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ Rey Santos, Mayor ATTEST: _____________________________ Nicole Wheelwright, Deputy City Clerk 344 Item 7. Sewer Accounts = 828 418-073-017 288.00$ 402-352-011 555.00$ 402-331-004 555.00$ 402-343-013 555.00$ 402-333-002 555.00$ 402-333-014 555.00$ 402-343-026 555.00$ 402-320-026 555.00$ 402-332-009 555.00$ 402-382-018 556.00$ 402-341-017 668.00$ 402-342-012 555.00$ 402-361-004 555.00$ 402-351-010 554.00$ 402-393-007 555.00$ 402-401-025 342.00$ 408-011-025 554.00$ 402-403-009 555.00$ 402-402-021 555.00$ 404-225-001 348.00$ 404-170-007 741.00$ 414-283-034 554.00$ 404-250-007 555.00$ 404-024-005 555.00$ 404-022-001 555.00$ 404-021-003 554.00$ 404-042-014 348.00$ 404-040-004 555.00$ 404-042-011 348.00$ 404-041-022 364.00$ 404-040-021 555.00$ 404-041-017 555.00$ 404-061-002 348.00$ 404-043-007 555.00$ 404-062-010 337.00$ 404-060-007 447.00$ 404-052-004 641.00$ 414-183-006 799.00$ 414-220-001 554.00$ 415-262-004 446.00$ 415-261-005 1,014.00$ 417-056-011 456.00$ 418-084-003 447.00$ 414-212-015 555.00$ 418-084-024 601.00$ 414-183-008 556.00$ 345 Item 7. 415-331-013 555.00$ 418-073-005 1,015.00$ 415-253-006 555.00$ 415-271-007 567.00$ 414-212-014 555.00$ 417-056-002 3,479.00$ 414-202-006 355.00$ 414-211-015 555.00$ 418-083-017 447.00$ 415-271-011 601.00$ 415-272-002 390.00$ 415-272-007 1,796.00$ 415-242-003 555.00$ 415-321-010 367.00$ 415-271-010 1,476.00$ 414-192-003 555.00$ 414-231-030 329.00$ 414-241-065 556.00$ 414-130-004 417.00$ 414-195-010 555.00$ 414-231-037 555.00$ 414-241-005 555.00$ 414-195-007 366.00$ 414-231-006 554.00$ 414-241-057 339.00$ 414-241-031 348.00$ 414-241-043 555.00$ 414-252-002 349.00$ 414-252-018 554.00$ 404-120-034 556.00$ 404-120-021 836.00$ 414-261-010 555.00$ 414-261-015 348.00$ 414-231-005 355.00$ 414-283-037 554.00$ 414-261-038 555.00$ 414-262-004 555.00$ 400-431-011 556.00$ 414-283-021 555.00$ 414-283-019 714.00$ 414-282-007 447.00$ 414-272-011 387.00$ 414-272-019 554.00$ 404-120-008 447.00$ 400-421-006 556.00$ 404-091-006 298.00$ 404-090-005 555.00$ 346 Item 7. 404-093-017 324.00$ 414-283-035 555.00$ 414-311-019 495.00$ 404-053-013 457.00$ 404-032-007 554.00$ 404-031-016 414.00$ 404-030-007 406.00$ 404-032-008 555.00$ 404-032-026 394.00$ 414-181-035 500.00$ 414-181-036 555.00$ 414-181-037 555.00$ 404-050-004 551.00$ 404-081-004 429.00$ 404-080-011 340.00$ 404-081-009 555.00$ 404-092-019 555.00$ 404-080-002 289.00$ 404-093-039 324.00$ 404-092-010 454.00$ 414-220-015 558.00$ 404-071-009 555.00$ 404-121-013 555.00$ 415-252-011 509.00$ 404-030-018 348.00$ 415-253-014 348.00$ 418-043-017 1,015.00$ 414-142-016 741.00$ 415-171-008 774.00$ 414-033-005 554.00$ 414-033-013 305.00$ 415-171-002 555.00$ 414-034-014 555.00$ 415-130-012 295.00$ 415-042-002 554.00$ 414-034-015 555.00$ 414-161-001 555.00$ 415-171-030 325.00$ 414-142-026 555.00$ 415-130-046 555.00$ 414-162-003 667.00$ 415-162-001 554.00$ 415-130-029 366.00$ 414-150-019 554.00$ 415-161-021 555.00$ 414-150-020 477.00$ 415-043-017 555.00$ 347 Item 7. 415-162-021 554.00$ 415-142-023 555.00$ 415-042-039 325.00$ 415-042-041 554.00$ 414-142-024 555.00$ 415-162-045 454.00$ 414-231-039 555.00$ 414-231-040 348.00$ 414-241-001 555.00$ 400-470-006 348.00$ 400-471-002 554.00$ 400-470-001 555.00$ 419-620-004 463.00$ 419-601-036 441.00$ 419-582-001 555.00$ 419-582-002 554.00$ 419-582-004 295.00$ 419-600-022 555.00$ 419-600-033 348.00$ 428-190-029 447.00$ 419-601-011 348.00$ 419-601-024 555.00$ 419-601-028 555.00$ 419-601-027 555.00$ 419-561-002 555.00$ 415-043-008 555.00$ 415-043-009 741.00$ 428-111-002 348.00$ 428-120-023 555.00$ 419-561-011 555.00$ 419-561-010 555.00$ 419-560-006 554.00$ 419-611-008 555.00$ 428-162-010 348.00$ 428-162-004 437.00$ 419-580-007 314.00$ 428-161-039 348.00$ 428-101-001 555.00$ 419-622-002 554.00$ 428-110-030 663.00$ 428-101-005 554.00$ 428-110-029 555.00$ 419-630-018 615.00$ 419-622-004 555.00$ 419-622-005 555.00$ 419-622-006 555.00$ 428-070-010 555.00$ 348 Item 7. 428-071-011 555.00$ 428-071-032 297.00$ 428-072-009 555.00$ 428-072-011 407.00$ 428-072-015 554.00$ 428-112-016 555.00$ 428-120-041 389.00$ 428-110-005 395.00$ 428-110-025 350.00$ 428-112-012 555.00$ 428-050-015 447.00$ 428-050-019 943.00$ 428-050-001 555.00$ 428-050-010 741.00$ 428-050-014 945.00$ 419-630-022 554.00$ 428-051-031 554.00$ 428-051-023 847.00$ 419-623-017 555.00$ 419-623-021 554.00$ 419-580-025 414.00$ 419-571-006 556.00$ 419-571-003 304.00$ 419-574-010 405.00$ 419-574-014 899.00$ 419-623-024 447.00$ 419-623-023 369.00$ 419-573-009 555.00$ 428-080-021 356.00$ 428-060-001 555.00$ 428-110-009 556.00$ 419-621-002 555.00$ 419-621-005 555.00$ 428-260-045 555.00$ 428-110-019 554.00$ 428-080-007 555.00$ 428-080-010 555.00$ 415-180-037 922.00$ 415-180-042 326.00$ 415-180-045 348.00$ 415-180-046 348.00$ 419-562-016 555.00$ 419-562-014 555.00$ 419-630-010 457.00$ 428-111-005 549.00$ 419-600-034 447.00$ 428-061-027 555.00$ 349 Item 7. 428-260-015 1,393.00$ 428-101-024 555.00$ 419-623-004 554.00$ 428-080-056 360.00$ 428-062-004 555.00$ 428-080-041 555.00$ 419-591-015 554.00$ 419-591-010 348.00$ 428-060-024 555.00$ 428-060-020 555.00$ 428-051-005 554.00$ 428-060-023 352.00$ 414-510-012 795.00$ 413-832-002 579.00$ 413-310-004 313.00$ 413-832-021 309.00$ 413-800-001 287.00$ 413-801-002 455.00$ 413-801-007 484.00$ 428-061-040 555.00$ 419-592-004 554.00$ 428-200-005 555.00$ 428-270-002 348.00$ 419-582-020 555.00$ 419-582-021 357.00$ 419-731-014 352.00$ 428-350-034 447.00$ 428-360-030 592.00$ 428-450-018 340.00$ 419-593-002 457.00$ 419-740-003 555.00$ 428-420-007 554.00$ 413-840-011 405.00$ 414-510-016 348.00$ 414-400-046 348.00$ 414-510-034 313.00$ 414-390-054 287.00$ 414-390-037 314.00$ 414-380-022 336.00$ 419-202-009 1,302.00$ 415-222-022 500.00$ 415-233-021 555.00$ 418-053-011 554.00$ 415-291-032 447.00$ 415-292-020 1,015.00$ 415-291-016 555.00$ 418-053-010 355.00$ 350 Item 7. 418-020-018 1,015.00$ 415-313-012 555.00$ 419-213-039 452.00$ 418-051-011 454.00$ 415-233-024 555.00$ 418-051-005 1,673.00$ 418-032-022 340.00$ 415-282-024 591.00$ 418-032-024 555.00$ 415-281-017 555.00$ 418-052-013 555.00$ 415-221-002 554.00$ 415-231-015 555.00$ 415-221-022 555.00$ 415-231-012 439.00$ 415-292-009 363.00$ 415-282-026 555.00$ 418-042-008 392.00$ 415-282-002 689.00$ 415-313-014 393.00$ 414-220-006 779.00$ 428-040-020 554.00$ 415-223-009 555.00$ 419-160-025 2,520.00$ 415-224-012 554.00$ 419-221-010 481.00$ 419-160-003 315.00$ 419-212-002 340.00$ 419-213-034 555.00$ 419-222-011 554.00$ 419-221-018 555.00$ 419-211-002 555.00$ 419-213-013 555.00$ 419-213-035 348.00$ 419-470-032 438.00$ 419-460-012 555.00$ 419-460-002 527.00$ 419-460-041 447.00$ 419-460-044 554.00$ 419-470-014 555.00$ 400-450-001 474.00$ 419-442-044 555.00$ 419-432-010 556.00$ 419-433-006 300.00$ 419-500-013 554.00$ 419-451-006 388.00$ 419-431-010 555.00$ 351 Item 7. 419-493-015 319.00$ 419-453-001 554.00$ 419-452-018 348.00$ 419-425-003 473.00$ 419-512-031 808.00$ 419-495-009 556.00$ 419-511-001 287.00$ 419-512-004 555.00$ 419-150-022 463.00$ 419-491-013 555.00$ 419-481-002 447.00$ 419-471-010 556.00$ 419-502-002 556.00$ 419-483-003 555.00$ 419-480-034 361.00$ 419-483-005 555.00$ 419-480-013 741.00$ 400-060-055 945.00$ 419-481-009 447.00$ 419-552-018 847.00$ 419-551-037 555.00$ 419-551-040 536.00$ 419-532-029 368.00$ 419-550-007 348.00$ 419-551-019 437.00$ 419-522-024 555.00$ 419-550-012 348.00$ 419-533-031 395.00$ 419-532-004 555.00$ 419-531-008 348.00$ 415-293-013 335.00$ 415-293-012 555.00$ 419-550-001 555.00$ 428-041-048 556.00$ 428-041-053 556.00$ 428-040-036 555.00$ 428-040-035 447.00$ 428-041-019 331.00$ 419-460-006 348.00$ 415-313-011 348.00$ 415-092-003 1,890.00$ 415-192-019 286.00$ 415-070-026 447.00$ 415-080-009 555.00$ 415-180-005 555.00$ 415-200-005 554.00$ 415-070-005 574.00$ 352 Item 7. 415-191-005 555.00$ 415-191-033 554.00$ 415-070-003 437.00$ 415-191-003 555.00$ 415-091-006 555.00$ 415-070-009 554.00$ 415-100-067 555.00$ 415-111-005 348.00$ 415-100-051 348.00$ 415-092-006 360.00$ 415-100-001 348.00$ 415-061-037 555.00$ 415-070-014 555.00$ 415-091-008 555.00$ 415-121-024 348.00$ 415-200-011 554.00$ 415-121-014 555.00$ 415-050-004 327.00$ 415-111-009 555.00$ 415-191-030 555.00$ 415-100-006 480.00$ 415-180-032 555.00$ 415-050-046 365.00$ 415-050-047 554.00$ 415-100-064 555.00$ 415-210-011 554.00$ 404-252-002 348.00$ 404-251-002 446.00$ 404-251-006 554.00$ 404-223-025 555.00$ 404-225-006 555.00$ 404-250-023 447.00$ 415-192-009 555.00$ 419-440-007 555.00$ 415-081-005 539.00$ 415-081-010 355.00$ 419-461-009 447.00$ 419-461-007 555.00$ 419-481-010 348.00$ 419-420-022 556.00$ 419-491-007 555.00$ 419-460-034 348.00$ 419-460-037 778.00$ 419-422-005 348.00$ 419-422-004 555.00$ 419-422-003 741.00$ 419-441-011 823.00$ 353 Item 7. 419-423-006 555.00$ 419-424-002 447.00$ 404-222-025 555.00$ 419-480-028 447.00$ 419-442-030 697.00$ 419-441-002 555.00$ 404-224-004 555.00$ 404-240-017 555.00$ 404-220-003 554.00$ 404-220-005 554.00$ 404-220-013 547.00$ 404-222-014 555.00$ 404-223-001 555.00$ 404-220-017 554.00$ 404-241-003 462.00$ 404-150-023 356.00$ 404-150-005 555.00$ 404-160-003 473.00$ 404-160-007 554.00$ 404-161-004 554.00$ 404-150-008 356.00$ 419-533-013 555.00$ 419-534-004 555.00$ 419-533-014 556.00$ 419-521-016 498.00$ 419-521-015 555.00$ 419-531-025 505.00$ 419-550-034 447.00$ 419-550-051 445.00$ 419-550-030 348.00$ 419-541-001 371.00$ 419-541-004 348.00$ 419-540-038 314.00$ 419-550-047 555.00$ 419-643-002 447.00$ 419-643-003 555.00$ 419-640-020 505.00$ 419-540-009 298.00$ 404-213-016 555.00$ 419-640-013 347.00$ 419-660-014 311.00$ 419-721-001 554.00$ 419-692-007 554.00$ 419-681-002 556.00$ 419-692-042 309.00$ 419-692-054 650.00$ 419-643-016 447.00$ 354 Item 7. 419-692-036 555.00$ 419-640-006 360.00$ 419-702-005 555.00$ 419-693-014 555.00$ 419-660-003 741.00$ 419-660-001 555.00$ 419-690-023 343.00$ 419-690-021 556.00$ 419-693-007 761.00$ 419-690-019 556.00$ 419-690-028 555.00$ 419-692-030 555.00$ 419-682-009 555.00$ 408-101-014 847.00$ 408-101-017 449.00$ 404-210-019 555.00$ 404-211-004 555.00$ 408-101-009 555.00$ 419-650-025 555.00$ 419-722-022 338.00$ 419-442-036 288.00$ 419-693-010 355.00$ 419-680-011 555.00$ 419-721-026 447.00$ 419-720-017 408.00$ 419-661-012 555.00$ 408-112-028 454.00$ 408-102-058 555.00$ 408-102-056 403.00$ 419-740-015 555.00$ 419-740-016 310.00$ 408-102-046 740.00$ 408-202-012 555.00$ 408-210-017 447.00$ 408-210-014 521.00$ 408-211-004 554.00$ 408-190-072 302.00$ 408-160-060 556.00$ 408-180-050 357.00$ 408-213-010 294.00$ 408-180-023 555.00$ 408-222-004 395.00$ 408-213-001 555.00$ 408-230-018 294.00$ 408-240-033 556.00$ 408-271-026 348.00$ 408-150-012 554.00$ 355 Item 7. 408-230-054 465.00$ 408-230-041 555.00$ 408-300-008 680.00$ 408-302-023 560.00$ 408-150-062 554.00$ 408-230-031 555.00$ 408-261-012 342.00$ 408-242-020 447.00$ 408-250-009 554.00$ 408-300-004 741.00$ 408-243-013 453.00$ 408-240-005 602.00$ 417-062-007 554.00$ 417-093-001 554.00$ 418-122-004 326.00$ 418-112-008 555.00$ 418-112-009 555.00$ 417-122-007 555.00$ 417-123-004 554.00$ 418-092-019 555.00$ 417-140-011 554.00$ 417-063-002 4,234.00$ 418-102-014 555.00$ 418-360-007 1,015.00$ 418-130-034 591.00$ 404-171-009 390.00$ 414-220-025 555.00$ 400-540-001 435.00$ 400-542-014 554.00$ 404-183-006 454.00$ 404-183-002 946.00$ 400-541-026 555.00$ 400-562-016 555.00$ 400-561-009 555.00$ 400-561-011 554.00$ 400-561-012 555.00$ 400-561-013 555.00$ 414-290-030 554.00$ 400-560-007 806.00$ 400-562-003 554.00$ 400-553-005 555.00$ 400-550-002 366.00$ 414-290-031 447.00$ 400-450-019 554.00$ 414-311-013 554.00$ 414-311-011 555.00$ 414-311-014 742.00$ 356 Item 7. 400-450-024 554.00$ 400-511-010 555.00$ 400-510-025 554.00$ 400-482-005 555.00$ 400-511-021 555.00$ 400-511-019 346.00$ 400-482-034 555.00$ 400-390-019 394.00$ 400-490-001 741.00$ 400-490-002 554.00$ 400-490-006 555.00$ 414-301-025 325.00$ 417-140-026 348.00$ 400-490-015 554.00$ 400-490-020 556.00$ 400-490-019 447.00$ 400-440-003 556.00$ 400-461-005 447.00$ 400-500-011 555.00$ 400-481-005 556.00$ 400-501-001 555.00$ 400-501-003 447.00$ 400-080-007 555.00$ 400-320-001 455.00$ 400-330-003 556.00$ 400-320-060 348.00$ 400-270-089 611.00$ 400-040-003 555.00$ 400-040-008 651.00$ 404-222-003 773.00$ 400-610-001 555.00$ 400-142-019 352.00$ 400-080-015 447.00$ 400-080-019 556.00$ 419-531-016 375.00$ 400-142-024 348.00$ 400-151-006 447.00$ 400-030-041 741.00$ 400-142-029 447.00$ 400-040-037 555.00$ 400-070-065 554.00$ 400-040-041 556.00$ 400-040-057 348.00$ 400-030-048 316.00$ 400-310-033 447.00$ 413-520-051 555.00$ 413-511-007 555.00$ 357 Item 7. 413-511-003 555.00$ 413-520-065 556.00$ 413-530-008 929.00$ 400-171-031 555.00$ 400-171-027 555.00$ 400-171-029 555.00$ 400-171-005 751.00$ 413-520-021 556.00$ 400-040-080 348.00$ 413-532-013 555.00$ 400-070-007 426.00$ 400-040-064 447.00$ 400-070-070 514.00$ 400-070-071 555.00$ 413-582-017 348.00$ 413-582-021 348.00$ 413-550-003 555.00$ 413-550-002 808.00$ 400-030-033 555.00$ 413-551-011 555.00$ 400-040-017 555.00$ 413-551-010 555.00$ 400-141-003 474.00$ 413-572-010 368.00$ 400-171-018 554.00$ 400-171-020 348.00$ 400-070-037 556.00$ 414-350-045 555.00$ 414-340-046 555.00$ 400-171-025 554.00$ 400-161-014 555.00$ 400-070-084 554.00$ 400-070-042 554.00$ 413-501-001 547.00$ 400-060-010 555.00$ 413-500-007 555.00$ 400-050-067 555.00$ 400-080-031 348.00$ 400-050-046 580.00$ 400-050-047 447.00$ 413-571-010 741.00$ 413-570-014 555.00$ 414-320-052 457.00$ 414-320-058 513.00$ 414-320-060 347.00$ 414-320-018 555.00$ 414-320-036 555.00$ 358 Item 7. 413-520-039 348.00$ 400-080-059 555.00$ 400-060-006 348.00$ 400-060-007 457.00$ 400-050-054 524.00$ 414-341-018 555.00$ 414-320-035 455.00$ 413-571-006 348.00$ 413-572-002 555.00$ 413-572-005 357.00$ 413-572-008 555.00$ 414-320-029 554.00$ 413-512-002 326.00$ 413-511-039 741.00$ 413-551-022 555.00$ 413-551-024 555.00$ 413-551-025 556.00$ 413-541-003 356.00$ 400-080-036 741.00$ 413-660-022 555.00$ 413-512-009 555.00$ 413-513-005 741.00$ 413-651-002 555.00$ 413-582-005 298.00$ 413-692-003 555.00$ 413-660-009 554.00$ 413-660-011 348.00$ 400-120-002 555.00$ 413-561-019 555.00$ 400-110-024 514.00$ 413-700-014 555.00$ 413-752-005 339.00$ 414-350-019 416.00$ 414-350-021 554.00$ 413-750-015 357.00$ 400-100-036 555.00$ 413-721-002 555.00$ 414-331-007 554.00$ 400-090-026 554.00$ 413-691-008 807.00$ 413-710-014 555.00$ 413-722-014 554.00$ 413-700-005 555.00$ 413-700-004 295.00$ 413-650-016 1,989.00$ 413-700-024 348.00$ 413-771-008 554.00$ 359 Item 7. 413-690-022 555.00$ 413-691-028 462.00$ 413-681-030 555.00$ 413-722-019 555.00$ 413-760-019 556.00$ 413-710-043 437.00$ 413-731-004 354.00$ 413-681-024 555.00$ 413-760-010 555.00$ 413-710-039 437.00$ 413-710-044 348.00$ 400-060-080 555.00$ 413-722-031 554.00$ 413-710-023 348.00$ 413-710-037 555.00$ 414-350-035 348.00$ 413-741-002 555.00$ 400-110-007 555.00$ 414-330-012 555.00$ 400-070-061 555.00$ 414-330-023 555.00$ 413-740-006 348.00$ 414-330-017 474.00$ 414-340-008 554.00$ 413-771-026 541.00$ 414-340-018 554.00$ 413-770-011 556.00$ 400-100-004 455.00$ 400-100-001 555.00$ 400-100-013 447.00$ 400-090-005 555.00$ 413-771-015 555.00$ 400-110-001 555.00$ 414-331-017 447.00$ 400-100-051 556.00$ 400-100-016 362.00$ 400-600-025 555.00$ 400-600-026 555.00$ 400-600-015 555.00$ 400-110-032 288.00$ 400-580-020 554.00$ 400-630-062 316.00$ 400-610-006 501.00$ 400-610-005 554.00$ 400-130-022 554.00$ 419-711-020 505.00$ 400-130-036 554.00$ 360 Item 7. 419-693-039 297.00$ 400-130-029 554.00$ 419-672-002 348.00$ 408-112-035 555.00$ 400-590-027 348.00$ 419-693-046 350.00$ 400-630-001 966.00$ 400-630-002 554.00$ 408-111-019 323.00$ 419-672-007 554.00$ 419-701-014 741.00$ 400-580-010 447.00$ 419-701-017 741.00$ 408-111-054 555.00$ 400-620-020 555.00$ 408-111-079 556.00$ 408-112-006 555.00$ 408-112-014 556.00$ 408-112-017 848.00$ 408-112-016 555.00$ 408-112-053 284.00$ 408-112-040 555.00$ 408-112-042 385.00$ 400-590-050 556.00$ 419-710-036 348.00$ 400-630-017 555.00$ 400-630-021 555.00$ 419-710-001 387.00$ 419-712-023 323.00$ 408-101-077 511.00$ 408-101-062 389.00$ 419-740-021 555.00$ 419-741-011 556.00$ 408-102-020 555.00$ 408-102-017 555.00$ 419-741-024 555.00$ 408-170-006 555.00$ 408-180-029 554.00$ 408-190-062 556.00$ 413-800-014 651.00$ 418-130-041 601.00$ 413-811-008 741.00$ 413-820-001 741.00$ 413-850-016 336.00$ 413-840-001 741.00$ 413-840-003 447.00$ 413-872-004 295.00$ 361 Item 7. 413-892-016 554.00$ 413-871-006 554.00$ 413-840-015 556.00$ 413-840-017 348.00$ 408-250-025 447.00$ 408-250-032 465.00$ 419-761-048 328.00$ 419-761-054 317.00$ 408-301-011 348.00$ 408-252-009 382.00$ 408-252-001 348.00$ 408-311-013 317.00$ 408-291-043 292.00$ 413-840-031 447.00$ 408-261-009 741.00$ 413-871-016 438.00$ 428-440-008 347.00$ 417-054-006 921.00$ 419-221-017 290.00$ 418-031-015 738.00$ 415-303-010 340.00$ 419-222-007 971.00$ 418-121-004 11,240.00$ 417-064-001 251.00$ 418-031-022 2,047.00$ 418-072-001 1,349.00$ 418-072-002 870.00$ 418-084-009 1,436.00$ 419-260-042 1,128.00$ 418-270-042 593.00$ 455,063.00$ 362 Item 7. Staff Report TO: City Council FROM: Jeff Mohlenkamp, Finance Director DATE August 4, 2020 SUBJECT: Adopt Resolution of the City Council Ordering the Collection of Weed Abatement Charges and Directing the County Auditor to Collect Such Fees on the Tax Rolls Background and Analysis: Annually, the City of Beaumont conducts weed abatement for vacant parcels throughout the City in accordance with Beaumont Municipal Code Chapter 8.08. This section of the code requires property owners to maintain their properties free of weeds, dry grass, dead trees, or any other growing material that creates a fire hazard. Notices to abate were sent to vacant property owners in April 2020, requiring them to remove weeds and dead vegetation and to maintain fire breaks in accordance with Section 8.08.015 of the code. Property owners are encouraged to participate in the City’s subscription program, which assigns a City approved contractor to their property to complete the weed abatement and the property owner is then assessed the cost of the abatement on their annual property taxes. Property owners that do not complete their weed abatement as required are summarily abated as provided for in Section 8.08.026 of the code and the costs for the abatement are reported to City Council for a resolution ordering the collection of weed abatement charges through assessments on the Riverside County Auditor tax rolls. For consideration is a resolution of City Council, ordering the collection of weed abatement charges and directing the County Auditor to collect such fees on the tax rolls, with a report of costs for weed abatement as completed by the City of Beaumont contractors, listed by parcel. Fiscal Impact: Approval of the resolution and collection of weed abatement charges on the Riverside County Auditor tax rolls will allow for the cost recovery by the City of Beaumont in the amount of $70,593.58. 363 Item 8. Recommended Action: Waive the full reading and adopt by title only “A Resolution of the City Council of the City of Beaumont, California, Ordering the Collection of Weed Abatement Charges and Directing the County Auditor to Collect Such Fees on the Tax Rolls.” Attachments: A. Resolution of the City Council of the City of Beaumont, California Ordering the Collection of Weed Abatement Charges and Directing the County Auditor to Collect Such Fees on the Tax Rolls B. Report of Weed Abatement as Completed by the City of Beaumont, listed by Parcel 364 Item 8. Resolution 2020-______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, ORDERING THE COLLECTION OF WEED ABATEMENT CHARGES AND DIRECTING THE COUNTY AUDITOR TO COLLECT SUCH FEES ON THE TAX ROLLS WHEREAS, the City has incurred costs of abating weeds on private property; and WHEREAS, weed abatement is performed by the City to protect the Public Health and Safety; and WHEREAS, certain property owners were notified as required by Beaumont Municipal Code Section 8.08 et seq to abate weeds on their property or be subject to potential abatement, collection and lien by the City; and WHEREAS, certain property owners failed to abate weeds on their property as required by the City’s notice and certain owners voluntarily consented to the collection of said amount on the tax rolls; and WHEREAS, the City has incurred costs to abate weeds on private property at its expense and it is recommended to the City Council that, it is in the best interest of the citizens and the City of Beaumont, that the collection of weed abatement service charges be a part of the tax assessments; and WHEREAS, such tax assessments constitute a lien assessed against the property and shall be collected in accordance Beaumont Municipal Code Section 8.08 et sec and Government Code Section 39580 to 39585 inclusive , collected on the tax roll in the same manner, by the same person, and at the same time, and together with, and not separate from, its general taxes. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Beaumont as follows: Section 1: that the City Council does hereby confirm the written report, (Exhibit A) made by the Code Enforcement Division, of delinquent weed abatement service charges itemized for each separate parcel of land. Section 2: That the City Council hereby confirm the report, made by the Code Enforcement Division, of weed abatement subscription service charges itemized for each separate parcel of land. Section 3: That charges are in compliance with all laws pertaining to the levy of this assessment as cited in Section 4 of this Resolution, and is levied without regard to property valuation, and 365 Item 8. Section 4: That the cost of weed abatement service of each parcel of land shall constitute an assessment against that parcel and shall be a lien on such parcel of land in accordance with the provisions of Beaumont Municipal Code Section 8.08 et. seq., Government Code Section 39580 to 39585 inclusive and other applicable law of the State of California. Section 5: That an itemized written report for each separate parcel of land which is included by reference and is made part thereof as though fully set forth herein. That certified copies of this Resolution shall be delivered to the Riverside County Auditor- Controller by August 12th of such fiscal year and shall be made part of the tax assessments and be made a part of the tax roll all in accordance with section 51520 of the Government Code of the State of California, and other provisions of the law applicable thereto. MOVED, PASSED, and ADOPTED this 4th day of August, 2020, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ Rey Santos, Mayor ATTEST: _____________________________ Nicole Wheelwright, Deputy City Clerk 366 Item 8. APN NUMBER:AMOUNT: 400-250-010 $513.00 400-250-012 $9,388.00 403-200-010 $603.00 404-140-001 $1,688.00 404-190-001 $799.50 404-190-002 $1,008.00 404-190-003 $183.00 404-190-007 $1,003.00 404-190-008 $478.00 408-080-004 $1,449.00 408-280-017 $195.50 408-290-009 $195.50 408-310-018 $195.50 414-020-011 $1,023.00 414-090-024 $394.00 414-090-025 $1,235.00 414-090-026 $182.00 414-120-006 $688.00 414-120-009 $638.00 414-120-026 $1,130.00 414-120-027 $1,130.00 414-120-029 $337.00 414-120-031 $327.50 414-120-033 $710.00 414-120-034 $920.00 414-120-035 $4,280.00 414-120-038 $1,340.00 414-120-039 $710.00 414-120-040 $500.00 414-120-041 $815.00 414-130-014 $933.00 414-142-038 $2,505.50 415-091-010 $287.50 415-091-012 $287.50 415-092-014 $403.50 415-122-019 $362.50 415-261-014 $501.00 415-282-022 $397.50 415-301-030 $328.00 417-030-002 $428.00 417-130-005 $478.00 417-150-006 $183.00 417-150-007 $183.00 417-150-009 $183.00 417-150-010 $183.00 417-150-016 $218.00 367 Item 8. 417-150-021 $408.00 417-150-022 $373.00 417-220-009 $1,012.50 417-220-041 $763.83 418-031-010 $987.75 418-043-002 $219.50 418-043-019 $729.00 418-121-003 $218.00 418-122-028 $264.50 418-250-001 $363.50 418-250-007 $592.00 418-250-008 $561.50 418-260-014 $760.00 418-290-016 $218.00 418-290-022 $183.00 418-290-023 $218.00 418-300-002 $463.00 418-310-007 $3,020.00 418-310-008 $2,530.00 418-320-007 $3,447.50 418-320-008 $1,096.00 418-320-011 $3,037.50 418-320-012 $340.00 419-150-011 $274.00 419-150-034 $498.00 419-170-031 $638.00 419-170-034 $218.00 419-170-035 $253.00 419-222-003 $303.00 419-222-011 $1,403.00 419-222-020 $323.00 428-010-018 $2,409.00 428-030-001 $548.00 $70,593.58 368 Item 8. Staff Report TO: City Council FROM: Todd Parton, City Manager DATE August 4, 2020 SUBJECT: Review of Local Emergency Declaration Established via the Adoption of City of Beaumont Resolution No. 2020-07 Adopted on March 17, 2020 Background and Analysis: On March 17, 2020, the City Council passed and approved Resolution No. 2020-07 (“Resolution”) which authorized the City Manager to execute a declaration of the existence of a local emergency in the City of Beaumont. Approval of the Resolution was in response to the declaration by the World Health Organization (WHO) of the COVID – 19 pandemic, Governor Gavin Newsom’s declaration of a state of emergency for all California, and the increase of infections within the City of Beaumont and the immediate area. The emergency declaration must be reviewed every 60 days in order to determine whether conditions exist for its continuance. This emergency declaration was reviewed by the City Council on June 16, 2020, and was not modified. The City Council’s adoption of Resolution No. 2020-07 established the existing emergency declaration and empowered the City Manager to: 1. Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; 2. Obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property, and to bind the City for the fair value thereof; 3. Require emergency services of any City officer or employee, and, in the event of the proclamation of a state of emergency in Riverside County, to command the aid of as many citizens of Beaumont as is deemed necessary by the City Manager for the execution of the City Manager’s duties; such persons shall be 369 Item 9. entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers; 4. Requisition necessary personnel or material to any City department or agency; and 5. Execute all ordinary duties and powers of the City Manager as well as special powers conferred by the Beaumont Municipal Code, by resolution or emergency plan adopted by the City Council, and all other powers conferred by the City Council and any other lawful authority. As of the time that this memorandum was prepared, there had been no significant cessation of the conditions that originally warranted the adoption of Resolution No. 2020-07. The COVID – 19 pandemic originally declared by the WHO was still in place, Governor Newsom’s emergency declaration remained in effect, and new cases of infection were still being diagnosed within Beaumont’s immediate area. Should Beaumont’s emergency declaration remain in effect, it will be brought back to the City Council for consideration no later than October 6, 2020. Should the City Council desire that a local emergency declaration is no longer required, an amending resolution will be presented for City Council consideration at the next regular City Council meeting of August 18, 2020, or earlier at a special meeting convened by the City Council for that purpose. Fiscal Impact: There are no costs resulting from the continuation of a local state of emergency. City staff estimates that preparation of this report cost to be approximately $75. Recommended Action: City staff recommends that there be no change regarding the local emergency declaration. This is due to the fact that there have been no significant changes in the original conditions, a State emergency declaration remains in effect and local emergency declaration helps to ensure that Beaumont remains eligible for federal and state emergency aid. Attachments: A. City of Beaumont Resolution No. 2020-07 370 Item 9. 371 Item 9. 372 Item 9. 373 Item 9. 374 Item 9. Staff Report TO: City Council FROM: Todd Parton, City Manager DATE August 4, 2020 SUBJECT: Direction to City Staff Regarding the Establishment of a Business Assistance Program (BAP) for Local Businesses That Have Experiences COVID-19 Related Losses Background and Analysis: City staff is preparing a budget amendment and related programming to implement the City’s COVID-19 response program. This is the program discussed by the City Council at its meeting of July 7, 2020. Beaumont is eligible for an allocation of $635,569 in CARES Act funds which will be programmed to off-set Beaumont Police Department payroll and payroll related expenses incurred since March 1, 2020. The resulting savings to the City is to be allocated to fund a COVID-19 response program. An initiative contemplated for the COVID-19 response program is the Business Assistance Program (BAP). The COVID-19 ad hoc committee has discussed the general concepts for the BAP. Conceptually, this would be a business grant program to be made available to small businesses with a brick and mortar presence in the City. An overview of this grant program is included in Attachment A to this memorandum. The general concept for the BAP is a grant of $3,000 available to businesses with staffs of 15 or fewer full-time employees. These are businesses who can demonstrate COVID - 19 related losses since March 1, 2020. They would be required to have a physical store front, office space, or other physical location within the City and would e xclude home- based businesses. They would also be required to have a valid business license. Grant funds would be restricted to direct costs of the business such as payroll, supply purchases, rent payments, loan payments, etc. Should qualified grant applica tion requests exceed the program funds of $142,000, a drawing would be conducted to distribute the funds. Priority would also be given to allocating funds to businesses that have not received financial support through other programs even though such support would not disqualify an applicant (funds would be first allocated to businesses that have not received such financial assistance). 375 Item 10. A grant application would be prepared and structures such that the business would either qualify or not qualify. The ad hoc committee would review applications to determine those that qualify. City staff anticipates that the first call for grant applications would run from September 1 through September 15 with grant awards being made by October 1, 2020. City staff also anticipates developing a program that can be implemented and monitored with existing City resources. Ideally, there would be no need to purchase special software, hire outside consultants or service providers, or outsource any of the work. Fiscal Impact: City estimates that preparation of this report cost approximately $1,350. Costs associated with the implementation of the BAP will be calculated once the program has been defined. Recommended Action: City staff is looking for City Council direction and action to develop and implement a small business grant program to be called the Beaumont Business Assistance Program (BAP). Attachments: A. City of Beaumont – Beaumont Assistance Program Outline 376 Item 10. Business Assistance Program (BAP) Program Outline – 7/30/2020 Qualified Businesses:  Physical Location within the City of Beaumont o Store Front o Office Space o Commercial Building o Excludes Home-Based Businesses  Current, Valid Business License Required  Business Must in Good Standing with the City of Beaumont o No Active Code Enforcement Actions o No Violations of any Applicable Law, Ordinance, etc.  Maximum of 15 Full-Time Employee Equivalents o Verifiable Payroll Records Required Upon Request of Ad Hoc Committee  Business Must Pledge to Participate in the Beaumont Shop Safe Program  Businesses Must Demonstrate COVID-19 Related Losses from March 1, 2020 to Present  Businesses Not Disqualified if Other Financial Assistance has been Received o Priority Given to Businesses That Have Not Already Received Financial Assistance through Another County, State or Federal Program o Once Funds Have Been Allocated to All Businesses Who Have Not Received Other Assistance, Grants to be Considered for Remaining Qualified Applicants Grant Funding:  Allocations of $3,000 Made to Each Qualifying Business o Automatic Award of Funds if Adequate Funds are Available o Drawing for Funds Should Requests Exceed Available Funds  Grant Funds to be Applied Toward Direct Business-Related Expenses o Payroll and Payroll Related Costs o Equipment Purchases/Repairs o Supply Purchases o Rent/Mortgage Payments o Loan Payments  Mandatory Financial Report due to City by January 31, 2021 o Verify Use of Funds  First Call for Grant Applications o September 1 through September 15, 2020 o Grant Awards by October 1, 2020 o Supplemental Call for Grant Applications Should Funds Remain After First Call  Grants Awarded on Basis of Qualification (Non-Competitive Grant) o Drawing Conducted Should Applications Exceed Available Resources  Random Process  Conducted via YouTube  Grant Recipients to Maintain Financial Records for A Minimum of 5 Years o Must be Produced at Request of the City of Beaumont 377 Item 10. State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 444-0383 Southern California Office ▪ 1401 Dove Street • Suite 330 • Newport Beach, CA 92660 • Phone (949) 399-9050 • Fax (949) 476-8215 Central California Office ▪ 744 P Street • Suite 308 • Fresno, CA 93721 • (949) 399-9050 • Fax (949) 476-8215 Federal Office ▪ 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555 Northern California Office ▪ 300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 • Fax (510) 835-9030 M E M O R A N D U M To: City of Beaumont From: Townsend Public Affairs Date: July 31, 2020 Subject: Legislative Report for the City of Beaumont State Legislative Update In July, the Governor continued his regular press briefings to update the State on the latest information regarding COVID-19. Among other things, Governor Newsom took action to reduce indoor operations for certain sectors, announced a major purchase of personal protective equipment (PPE), and outlined a pandemic plan for the 2020-21 school year. The Legislature is entering the final month of the 2020 legislative session. The last day of session is August 31 when members will return to their districts in preparation of the November election. The Legislature was originally scheduled to return to the Capitol on July 13, but Assemblymember Autumn Burke (D-Inglewood) announced that she tested positive for COVID-19 and was in self- quarantine. Earlier in the month, Assemblymember Tom Lackey (R-Palmdale) had also tested positive and was hospitalized after contracting the virus. Additionally, several staff members have also tested positive for COVID-19, and as a result, Assembly and Senate Leadership postponed the Legislature’s return to July 27. Since members have returned to the Capitol, there have been discussions regarding the remaining 740 bills that are still active in both houses. Members were told to reduce their bill packages to allow for priority legislation to be considered under the new timeline. Assembly Speaker Rendon also announced the delay of all Assembly hearings on July 29 due to the imbalance of bills yet to be considered in both houses. TPA has learned that Assembly and Senate Leaders are discussing the possibility of a special legislative session with the Administration, however, any decisions will likely depend on the growing number of COVID-19 cases throughout the state. Below are the upcoming deadlines for the Legislature: August 15 – Last day for policy committees to meet and report bills August 21 – Last day for fiscal committees to meet and report bills August 24-31 – Senate floor session August 26 – Last day to amend bills on the floor (Senate) August 31 – Last day for each house to pass bills 378 Item 11. 2 Governor’s COVID-19 Action Summary Below is a summary of the major COVID-19 actions taken by the State Administration in July: • July 17 – School Re-Opening: Governor Newsom announced his plan for learning and safe schools ahead of the 2020–2021 school year, as the California Department of Public Health issued a framework for when and how schools should reopen for in-person instruction. • July 16 – Project Roomkey/Homekey: Governor Newsom announced the availability of $600 million in funding for Homekey, the next phase in the state’s response protecting Californians experiencing homelessness who are at high risk for serious illness from COVID-19. • July 2 – Mask Campaign: The state launched “Wear A Mask” public awareness campaign encouraging Californians to use face coverings. The Administration has stated that this is one of the best ways people can protect themselves and others from the virus. • July 1 – Stay at Home Order: Governor Newsom announced that certain sectors are being ordered to close indoor operations, due to the increased likelihood of spread and the ability to mitigate that spread. These closures are to go into effect immediately in the 19 counties that are on the County Monitoring List. Legislature Announces State Economic Stimulus Package On July 27, key members of the Legislature introduced the outline of a $100 billion economic stimulus plan. The plan will prioritize economic recovery efforts to build on the Legislature’s work on the State Budget. The Assembly and Senate have appointed economic recovery working groups led by Senators Bob Hertzberg (D-Van Nuys) and Steven Bradford (D-Gardena), and Assemblymembers Phil Ting (D-San Francisco) and Jacqui Irwin (D-Thousand Oaks). The stimulus plan aims to raise $100 billion through a new tax voucher program and the acceleration of existing revenue streams. The plan includes the following relevant provisions: State Revenues • Authorize State Treasurer to issue future tax vouchers to generate billions of revenues for general economic stimulus efforts. • Securitization of current revenue streams, including: o Accelerate SB 1 transportation funds to create jobs and improve key roads and highways. o Accelerate existing California Public Utilities Commission (CPUC) revenue streams that will expand broadband services throughout the state to benefit distance learning and other activities. o Accelerate future Cap and Trade funds to backfill lost revenues due to the downturn and ensure critical programs remain funded. • Accelerate authorized, but unused, general obligation bonds to generate bond funds to infrastructure projects. • Borrow from the federal government to bolster state unemployment insurance programs. 379 Item 11. 3 Small Businesses • Expand small business tax breaks, such as extending the sales tax loan program. • Streamline the Work Sharing program administered by EDD. • Incentivize on-shore manufacturing of PPE, ventilators, swabs and other products critical to the COVID-19 response, including expansion of workforce retraining programs. Protections for Individuals; Housing and Homelessness Funding • Fill gaps in Unemployment Insurance, including extending to undocumented workers, shortfalls resulting from if the federal government does not extend the $600 per week payment • Increase affordable housing supply by helping homeowners access financing to build ADUs. • Protect renters from eviction and support struggling homeowners and landlords. • Augment Budget Act appropriations for local governments to combat homelessness and provide incentives for local governments to build housing on non-traditional sites. Environment Funding • Invest in wildfire prevention and vegetation management activities. • Improve clean water delivery and recycling infrastructure. • Create a dedicated fund to incentivize light and heavy-duty, including passenger clean vehicles, as well as expedite and expand electric vehicle charging infrastructure projects. • Streamline the CEQA through targeted, and limited, use of the AB 900 process – including for housing – to ensure environmental leadership projects get built. The Legislature is currently seeking input from the Newsom Administration on the economic plan, and the Legislature is aiming to adopt the recovery plan before the August 31 legislative deadline. Housing Legislation While both the Assembly and Senate Leadership have asked members to reduce the number of bills to be considered for the remainder of this year, housing continues to be at the forefront of the Legislature’s agenda. On July 28, the Assembly Housing and Community Development Committee met to consider 10 housing bills. Below is a summary of the relevant legislation that passed and has been referred to the Appropriations Committee: • SB 795 (Beall): Economic development: housing: workforce development: climate change infrastructure o This bill allocates $10 billion over five years to several existing housing, homelessness, and pre-apprenticeship programs, as well as creating two new infrastructure financing programs at the Governor’s Office of Business and Economic Development (Go-Biz). • SB 899 (Wiener): Planning and zoning: housing development: higher education institutions, nonprofit hospitals, or religious institutions o This bill provides that housing is a use by right on land owned by a religious institution, nonprofit hospital, or nonprofit college, as specified. 380 Item 11. 4 • SB 1138 (Wiener): Housing element: emergency shelters: rezoning of sites o This bill makes changes to housing element law with regards to where shelters may be zoned, as specified. This bill also requires localities that fail to adopt a legally compliant housing element within 120 days of the statutory deadline, to complete a rezone program within one year instead of the current three-year requirement. • SB 1299 (Portantino): Housing development: incentives: rezoning of idle retail sites o This bill requires the California Housing and Community Development Department (HCD) to administer a program to provide grants to local governments that rezone idle sites used for a big box commercial shopping center to instead allow the development of workforce housing, as defined. Similarly, the Senate Housing Committee is set to meet on August 6 and will consider 16 housing bills. A summary of the relevant legislation to be considered is below: • AB 725 (Wicks): General plans: housing element: moderate-income and above moderate-income housing: suburban and metropolitan jurisdictions. o Amends Housing Element law to require certain jurisdictions to zone for multi- family moderate and above-moderate income housing. • AB 1279 (Bloom): Planning and zoning: housing development: high-opportunity areas o Requires certain development sites in high resource areas to allow for more density and height and makes these sites subject to "use by-right" approval. • AB 2345 (Gonzalez): Planning and zoning: density bonuses: annual report: affordable housing o Revises Density Bonus Law to increase the maximum allowable density and the number of concessions and incentives a developer can seek. • AB 3040 (Chiu): Local planning: regional housing need assessment. o Allows cities and counties to receive a specified credit towards meeting their Regional Housing Needs Allocation (RHNA) for rezoning single-family neighborhoods to allow four units per parcel. • AB 3107 (Bloom): Planning and zoning: commercial zoning: housing development. Makes housing an authorized use on commercially zoned land. • AB 3269 (Chiu): State and local agencies: homelessness plan. o Creates the Office of the Housing and Homelessness Inspector General to provide accountability for state and local actions to address homelessness, imposes new requirements on local governments to develop actionable plans to address homelessness, and creates a public right of action for the Inspector General to compel compliance with those new plans. TPA will continue to advocate on behalf of the City as the Legislature considers these housing measures for the remainder of the 2020 legislative session. 381 Item 11. 5 Water Resiliency Portfolio As a follow-up to Governor Newsom’s April 2019 Executive Order that directed State agencies to plan and prepare for statewide water shortages, the Governor announced a finalized Water Resiliency Portfolio that will direct future State water policies. The plan prioritizes safe drinking water, groundwater recharge, healthy waterways, and the Salton Sea. The plan also outlines nearly 150 state actions to help build a more climate-resilient system as the State responds to the impacts of climate change. The portfolio also guides policy regarding the long-term functionality of the State Water Project and other conveyance infrastructure. In January 2020, the California Natural Resources Agency, Environmental Protection Agency, and Department of Food and Agriculture released a draft version of the portfolio for public feedback. More than 200 individuals responded with comments which resulted in 14 new actions reflected in the portfolio, including addressing upper watershed health and cross-border water issues. Lastly, the plan recognizes the current State budget and recognizes that the pace of these policy priorities will be dependent on future funding. TPA will continue to provide updates regarding relevant State water policy so the City is kept abreast of potential impacts on the regional water system or any changes in water rates for residents. Federal Legislative Update July was dominated by discussions and disagreements over the next coronavirus relief package, as cases continue to rise dramatically nationwide and the U.S. economic situation worsens. Congress made progress on the next package, but is still not near a finalized bill, as many provisions, including federal supplements for unemployment insurance, ran out at the end of July. The “Phase 3” legislation, the “CARES Act,” was finalized in March. Coronavirus Aid Packages In July, Senate Republicans introduced their long-awaited proposal for a Phase 4 of coronavirus aid, called the “HEALS Act.” This legislation has not been negotiated with Democrats, and is a response to the House Democrats’ “HEROES Act,” a long package full of Democrats’ priorities that the House introduced and passed in May. The “HEALS Act” contains provisions that would do the following: • Free up eligible uses for existing Coronavirus Relief Fund money to cover revenue loss (though no additional state and local funding in this area) • Add an additional round of stimulus payments, using the same formula as in the CARES Act • Reduce weekly unemployment benefits for two months while states convert to a system to pay 70% of a person’s last wages • Implement liability protections for nearly all organizations and employers • Implement new business tax breaks • Extend the Paycheck Protection Program, add the ability to apply again, and create new small business loan programs 382 Item 11. 6 • Overhaul the student loan system and provides new education funding, much of which is dependent on reopening for in-person instruction • Appropriate additional health care and vaccine funds • Appropriate additional emergency funding for some line items, including rental assistance, fire departments, child care, the census, airports With the Introduction of the “HEALS Act,” bipartisan negotiations were expected to begin in earnest; however, by the end of July, Congressional leaders from both parties and Administration officials acknowledged that the two sides remain far apart, and negotiations on the next relief package continue. In a major pivot from stalled Phase 4 talks, Republican senators introduced several standalone bills roughly based on the GOP Phase 4 proposal to extend specific expiring or lapsed provisions. Sens. Bill Cassidy (R-LA), Steve Daines (R-MT), Mitt Romney (R-UT) and Marco Rubio (R-FL) introduced legislation that would provide $1,000 in direct payments to all Americans with a Social Security number, subject to income limits. The bill by would provide a family of four with $4,000. Sens. Mitt Romney (R-UT), Susan Collins (R-ME) and Martha McSally (R-AZ) introduced legislation to permit states to choose one of two options for federal unemployment insurance benefits: an immediate 80% wage replacement, or a declining amount of $500 per week in August, $400 per week in September, or $300 per week in October. So far, Democrats have not been inclined to support stopgap extensions, preferring to continue to negotiate a Phase 4 agreement. Policing Bills Despite momentum in June, Congress reached a stalemate in July on police reform bills, as both chambers refused to take up each other’s proposals. Reports indicate that the two bill sponsors, Congresswoman Karen Bass (D-CA) and Senator Tim Scott (R-SC), are communicating behind the scenes on a path forward. Meanwhile, House Democrats have started to add several police reform provisions to other bills, including a provision to limit transfer of military weapons to local law enforcement in a defense policy bill, and several provisions to limit aggressive police tactics in the appropriations packages. DACA In July, rumors abounded that President Trump would refile paperwork to end the Deferred Action for Childhood Arrivals (DACA) program again, after a Supreme Court case indicated the Administration hadn’t provided adequate justification when it attempted to end the program in 2017. However, that never came to pass in July, raising suspicion that the Administration may end the program in the coming months. This month a federal judge ordered DACA to be restored to its full status and begin accepting new DACA applications. As of writing, the Administration has not yet complied with this order. However, it has agreed to let some DACA recipients extend their protections, as long as they don't have a criminal record. Reportedly the Administration will consider the renewals on a "case by case" basis. Public Charge On July 29, a New York federal judge blocked the Trump administration from implementing the public charge rule, frequently described as a wealth test for immigrants. The judge said it would 383 Item 11. 7 be blocked as long as the national health emergency stemming from the coronavirus pandemic remains in effect. The judge said that the states and nonprofits challenging the public charge rule had provided "ample evidence" that the policy deters immigrants from seeking out COVID-19 testing and could threaten efforts to curb the spread of the disease. The federal government will almost certainly appeal this decision, but for now the decision stands. Census In July, President Trump just signed an Apportionment Memorandum to exclude undocumented immigrants from census population counts. As you will recall, in June 2019, the Supreme Court blocked an effort to include a question on citizenship in the census, ruling it a violation of the constitution’s enumeration clause, which mandates Congressional representation, but sent it back to a district court for further deliberation. The Administration ended its effort to pursue the citizenship question through the courts last July due to printing deadlines, but Trump vowed to find work-arounds. The 14th Amendment states that the Census must count the “whole number of persons in each state” for Congressional representation, which includes undocumented immigrants. The order cites estimates that "one state" (apparently referring to California) has more than 2.2 million illegal immigrants, six percent of its population. It argues that, as a result, including illegal immigrants in the population for apportionment could result in the allocation of two or three more congressional seats than if they were not included. Housing Legislation In July, Senator Kamala Harris (D-CA) introduced a sweeping housing plan in the “Rent Emergencies Leave Impacts on Evicted Families (RELIEF) Act.” The bill would give struggling renters and homeowners relief from economic impacts of the coronavirus. It would ban evictions and foreclosures for a year while giving tenants up to 18 months to pay back missed payments. The current federal ban on evictions — which only covers the roughly 1 in 4 rental units in the country with a federally backed mortgage — expires July 24. The bill would also bar landlords from raising tenants’ rent or reporting unpaid rent to credit reporting companies for a year and prohibit utility companies from shutting off access until January 2022. It would prohibit the use of Paycheck Protection Program funds to purchase foreclosed or distressed properties and directs the Congressional Oversight Commission established by the CARES Act to monitor property management companies that received PPP loans. It would permanently bolster tenants’ legal protections, establishing a right to legal assistance for those facing eviction and providing state attorneys general with subpoena power in landlord investigations. This bill was introduced days from the Senate Republicans’ rumored $1 trillion Phase 4 proposal. It is positioned to be on the table as negotiations between McConnel and Pelosi begin. Fair Housing Rule 384 Item 11. 8 On July 23, Trump Administration officially repealed an Obama-era rule requiring communities receiving federal housing grants to take steps to eliminate housing segregation, and replaced it with a standard that would allow municipalities to self-certify their efforts. HUD announced the termination of the 2015 rule, which it called “complicated, costly, and ineffective.” The new final rule isn’t open for public comment because HUD obtained a waiver from the Office of Management and Budget that exempts rules related to grants from Administrative Procedure Act requirements. Since the new rule did not go through the regular notice and comment procedures, it could face legal challenges from states and fair housing groups, even if it’s likely to survive a legal challenge. As a reminder, the Obama-era rule required that any community that gets federal block grants from HUD to complete a comprehensive Assessment of Fair Housing. A poor review could have led to reductions in those block grants, potentially costing communities billions of dollars in withheld funds if they did not put in place an effective anti-segregation plan. HUD’s new rule, called “Preserving Community and Neighborhood Choice,” changes the definition of fair housing to be “affordable, safe, decent, free of unlawful discrimination and accessible under civil rights law.” Any community would have access to federal housing grants if it self-certifies that it has gone above statutory minimums on any of those factors. HUD would still be able to terminate funding if it discovers that a community has not lived up to that self- certification. Child Care On July 29, the House voted to expand assistance for child care providers. The “Child Care Is Essential Act” (H.R. 7027), introduced by Congresswoman Rosa DeLauro (D-CT), was passed by a 249-163 vote. The “Child Care for Economic Recovery Act” (H.R. 7327), introduced by Congresswoman Nita Lowey (D-NY), advanced by a 250-161 vote. H.R. 7027 gives providers the $50 billion in funding to weather the public health emergency. H.R. 7327 provides $10 billion in emergency funding for infrastructure grants to help providers make health and safety modifications to their facilities, plus another $10 billion each year to further child- care entitlements to states through fiscal 2024. H.R. 7327, also would expand flexible spending accounts dealing with dependent care, give child care providers a refundable payroll tax credit, and expand the employee retention tax credit to encourage employers to keep child care workers employed. This emergency legislation is in the jurisdiction of multiple House committees. However, in light of the importance of these bills, and the strong support they have among Committee members, they are bypassing normal Committee approval processes and are being sent straight to the floor for consideration before the entire House. Similar legislation was introduced earlier this month in the Senate. Senators Joni Ernst (R-IA) and Lamar Alexander (R-TN) jointly unveiled their own child-care proposal with the “Back to Work Child Care Grants Act” (S. 4221). Their proposal would provide nine months of financial assistance for child-care providers to open. Now that both House bills have passed, Democratic leaders want their legislation to be incorporated into a future COVID-19 stimulus package. Lawmakers from both parties have expressed concern about the need to boost aid for child-care providers during the pandemic, but 385 Item 11. 9 key differences remain over the appropriate price tag in the next relief package. We will continue to watch this legislation as it navigates Congress negotiations. If you have any questions, please feel free to reach out. Water Infrastructure The Senate Energy and Natural Resources’ Water and Power Subcommittee introduced a water infrastructure package to address the need for more federal action to combat drought conditions in Western states, including deploying technological advances to better increase water supplies. The bills that would be a part of the water package seek to address water shortages or to expand water grants to a broader array of outside groups. They include: • “America’s Water Infrastructure Act”: Reauthorizes Clean Water State Revolving Loan Funds as well as WIFIA funds. • “Drinking Water Infrastructure Act”: Reauthorizes programs under the Safe Drinking Water Act, primarily grants for cleaning drinking water from emerging contaminants, particularly per- and polyfluoroalkyl substances (PFAS) • “Western Water Security Act”: Expands WaterSMART grant eligibility to nongovernmental organizations, tribes, and other groups • “Restoration of Essential Conveyance Act”: Authorizes $600 million in federal funding for three projects to repair California’s water delivery system • “Water for Tomorrow Act”: Establishes a financing program to fund water infrastructure projects including storage, transport, desalination projects, and stormwater capture projects; also establishes a grant program to help disadvantaged communities facing declines in drinking water quality or quantity • “Water for Conservation and Farming Act”: Establishes a fund within the Bureau of Reclamation for water reuse, conservation, and other purposes • “Water-Energy Technology Demonstration and Deployment Act”: Provides for the demonstration and deployment of water-energy technologies. The objective of this package is to combine some of the measures currently before the Subcommittee with other water bills that have already moved through Committee as a whole. The package has not yet moved out of committee. 386 Item 11. Pending Litigation Against the City (does not include litigation initiated by the City) 1. Urban Logic v. City of Beaumont et al., Case No. RIC 1707201 (Pre-Trial) 2. Aguirre et al. v. City of Beaumont et al., Case No. RIC 1810937 (Pre-Trial) 3. Loandepot.com, LLC, dba Imortgage v. Penman et. al., Case No. RIC 1722842 (RESOLVED – Order Pending) To: City Council From: John O. Pinkney, City Attorney Date: July 28, 2020 Re: List of Pending Litigation Against City of Beaumont 387 Item 12.