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HomeMy Public PortalAboutNovember 3,2020 City Council Packet CITY COUNCIL CLOSED & REGULAR SESSION 550 E. 6th Street, Beaumont, CA Tuesday, November 03, 2020 Closed Session: 4:30 PM | Regular Meeting: 5:00 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) 572 - 3196. Notification 48 hours prior to a meeting will ensure the best reasonable accommodation arrangements. 1 CLOSED SESSION - 4:30 PM A Closed Session of the City Council / Beaumont Financing Authority / Beaumont Utility Auth ority / 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 ne gotiations, 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 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 and SEIU Adjourn to Regular Session REGULAR SESSION - 5:00 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 public comments. There will be no sharing or passing of time to another person. State Law prohibits the City Council from discussing or taking actions brought up by your comments. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discu ssion here or at the end of action items. 2 Approval of all Ordinances and Resolutions to be read by title only. 1. Approval of Minutes Recommended Action: Approve Minutes dated October 20, 2020. 2. Receive and File Notice from the Beaumont Unified School District of the District’s Intention to Establish Community Facilities District 2020-1 of the Beaumont Unified School District Recommended Action: This item is presented for informational purposes only and City staff recommends that the City Council receive and file the Beaumont Unified School District notice of its intent to establish Community Facilities District 2020-1 of the Beaumont Unified School District. 3. Adoption of a Resolution Authorizing the City Manager to Accept the Offer of Dedication Related to Solera Assignment of Easement and Record a Certificate of Acceptance of an Interest in Real Property with the County of Riverside Recorder Recommended Action: Waive the full reading and adopt by title only, “A Resolution Authorizing the City Manager to Accept the Offer of Dedication Related to Solera Assignment of Easement and Record a Certificate of Acceptance of an Interest in Real Property with the County of Riverside Recorder.” ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. 4. FY 2021 General Fund and Wastewater Fund Budget Adjustments Recommended Action: Approve the proposed adjustments for the FY 2021 General Fund and Wastewater fund budgets. 5. Award of Contract for the Removal and Replacement of Transit Services’ Graphics to UpDog Media, LLC in the Amount of $90,260 Recommended Action: Approve the award of contract for the removal and replacement of Transit Services’ graphics to UpDog Media, LLC in the amount of $90,260 with the authorization for the City Manager to approve any change orders up to $9,026, and Authorize the City Manager to execute the Agreement on behalf of the City. 6. Revision to the City of Beaumont and Riverside Transit Agency Interagency Agreement No. 18-017 Recommended Action: 3 Approve the proposed revisions to the City of Beaumont and Riverside Transit Agency Interagency Agreement No. 18-017. 7. Amendment to the Short-Range Transit Plan FY 2021 - Table 4 Recommended Action: Approve a revision to the Short-Range Transit Plan Fiscal Year 2021 – Table 4 and accept the allocation of $59,290. PUBLIC HEARING 6:00 PM Approval of all Ordinances and Resolutions to be read by title only. 8. Hold a Public Hearing and Take Testimony on the City of Beaumont General Plan Update, Draft Environmental Impact Report, Finding of Facts and Statement of Overriding Considerations and Zoning Code Amendments Recommended Action: Hold a Public Hearing, take testimony and continue the public hearing to the November 17, 2020, Council Meeting. LEGISLATIVE UPDATES AND DISCUSSION 9. Townsend Legislative Update 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 CITY MANAGER REPORT 10. Department Project Schedule Updates FUTURE AGENDA ITEMS 4 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, November 17, 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 5 CITY COUNCIL CLOSED & REGULAR SESSION 550 E. 6th Street, Beaumont, CA Tuesday, October 20, 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 MINUTES CLOSED SESSION - 5:00 PM CALL TO ORDER at 5:03 p.m. Present: Mayor Santos, Council Member Carroll, Council Member Martinez, Council Member White Absent: Mayor Pro Tem Lara Public Comments Regarding Closed Session 1. Conference with Legal Counsel Regarding Potential Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) (Potential Case Adverse to the State of California Challenging State COVID-19 Restrictions Impacting Local Businesses) No reportable action. 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 and SEIU No reportable action. Adjourn to Regular Session 6 Item 1. REGULAR SESSION - 6:00 PM CALL TO ORDER at 6:20 p.m. Present: Mayor Santos, Council Member Carroll, Council Member Martinez, Council Member White Absent: Mayor Pro Tem Lara Report out from Closed Session: see above Action on any Closed Session items: None Action of any requests for Excused Absence: Mayor Pro Tem Lara Pledge of Allegiance Approval / Adjustments to the Agenda: None Conflict of Interest Disclosure: None 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 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. P. Lopez - Written comment regarding concerns of speeding traffic. 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: Ratify Warrants dated: July 2, 2020 July 9, 2020 July 16, 2020 July 30, 2020 2. Approval of Minutes Recommended Action: Approve Minutes dated: October 6, 2020 October 8, 2020 7 Item 1. 4. Performance Bond Acceptance and Security Agreements for RSI Communities- Heartland, LLC. Tracts 27971-4, 27971-6, 27971-8, 27971-11, and 27971-12 for Street Improvements within the Olivewood Specific Plan Residential Development Recommended Action: Accept the following bonds and security agreements: Accept Performance Bond No. PB03010407102 Accept Performance Bond No. PB03010407116 Accept Performance Bond No. PB03010407117 Accept Performance Bond No. PB03010407119 Accept Performance Bond No. PB03010407120 5. Performance Bond Exoneration for Bond No. 1001053518 and Accept One-Year Maintenance Bond No. PB03010407121 Recommended Action: Accept Maintenance Bond No. PB03010407121 to replace Performance Bond No. 1001053518. 6. Final Approval of Parcel Map No. 37366 for SDC Fairway Canyon, LLC Located in the Oak Valley & SCPGA Golf Course Specific Plan Recommended Action: Approval of Parcel Map No. 37366 as it is in substantial conformance with the approved tentative map. Motion by Council Member Carroll Second by Council Member Martinez To approve Consent Calendar Items 1,2,4,5 and 6. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Santos Approved by a 4-0 vote 3. FY 2021 General Fund and Wastewater Fund Budget to Actual through September 2020 Recommended Action: Receive and file. Motion by Council Member White Second by Mayor Santos To receive and file. 8 Item 1. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Santos Approved by a 4-0 vote PUBLIC HEARINGS Approval of all Ordinances and Resolutions to be read by title only. ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. 7. Staff Report Regarding the City’s Preparation for Rain after the Wildfires Motion by Council Member Carroll Second by Council Member Martinez To receive and file. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Santos Approved by a 4-0 vote 8. Purchase of One 2020 Dodge Charger Police Vehicle from National Auto Fleet Group in an Amount not to Exceed $34,210.76 and Installation of Emergency Equipment in an Amount of $10,126.31 Motion by Council Member White Second by Council Member Carroll To authorize the purchase of one Dodge Charger police vehicle in the amount of $34,210.76 from National Auto Fleet Group and authorize the purchase of emergency equipment and installation in the amount of $10,126.31. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Santos Approved by a 4-0 vote 9. Reject all Bids received on October 2, 2020, Award a Public Works Agreement to Matich Corporation for Construction Services for 2020 Mid-Year Street Enhancement Project (CIP R- 05) in an Amount Not to Exceed 2,624,697.70; and Authorize the City Manager to Sign Change Orders up to an Additional $875,302.30 for a Total Not to Exceed Construction Budget of $ 3,500,000 Motion by Council Member Martinez Second by Council Member White 9 Item 1. To reject all bids received on October 2, 2020, award a Public Works Agreement to Matich Corporation for construction services for the 2020 Mid-Year Street Enhancement Project in an amount not to exceed $2,624,697.70, and authorize the City Manager to sign change orders up to an additional $875,302.30 for a total not to exceed construction budget of $3,500,000. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Santos Approved by a 4-0 vote 10. Award of Contract to Lisa Wise Consulting for the Sixth Cycle Housing Element Update in an Amount not to Exceed $209,995 Motion by Council Member White Second by Council Member Martinez To award a Professional Services Contract with Lisa Wise Consulting for the Sixth Cycle Housing Element Update in an amount not to exceed $209,995 and authorize the Mayor to execute the agreement on behalf of the City of Beaumont. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Santos Approved by a 4-0 vote 11. Approval of Invoice from Riverside County Fire Department for 4th Quarter Fire Services Motion by Council Member White Second by Mayor Santos To approve payment of the FY 2020 4th Quarter Fire Services invoice from Riverside County Fire Department in the amount of $995,832.29. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Santos Approved by a 4-0 vote 12. Approval of City Attorney Invoices for the Month of September 2020. John Pinkney was recused for this item. Motion by Council Member White Second by Council Member Carroll To approve invoices in the amount of $98,766.80. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Santos Approved by a 4-0 vote 10 Item 1. LEGISLATIVE UPDATES AND DISCUSSION COUNCIL REPORTS Carroll - Participate in a Veteran's Committee Meeting, and RTA meeting Martinez - Will be discussing possible RCA, RCTC merger with Council Member White Santos - Recognized a recent retiree, Cecil Garcia, and attended a League virtual conference. 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 Spoke regarding the upcoming election results process and upcoming vacancies on the City's boards, committees and commissions. CITY ATTORNEY REPORT CITY MANAGER REPORT FUTURE AGENDA ITEMS ADJOURNMENT at 7:35 p.m. 11 Item 1. Staff Report TO: City Council FROM: Todd Parton, City Manager DATE November 3, 2020 SUBJECT: Receive and File Notice from the Beaumont Unified School District of the District’s Intention to Establish Community Facilities District 2020-1 of the Beaumont Unified School District Background and Analysis: Beaumont Unified School District (BUSD) has provided its legally mandated notice to the City of Beaumont regarding its intention to establish Community Facilities District 2020-1 of the Beaumont Unified School District (CFD). Attached to this staff report is a copy of the notice and BUSD’s resolution declaring its intention. This proposed CFD applies to the Olivewood residential project located on the west side of Potrero Road, between San Timoteo Road and SR-60. It is restricted to educational facilities and is completely independent of the City of Beaumont. Pursuant to the attached Rate and Method of Apportionment (RMA) special taxes for FY2020 -21 will range from $852.09 to $1,226.63 per unit, based on square footage of the single-family unit constructed. These special taxes may be increased annually by 2%. BUSD’s CFD will be in addition to the City of Beaumont CFD 2018-1 which was established by the City Council for public safety purposes only. CFD 2018-1 has an annual special tax assessment of $485 per parcel for FY2020-21. The City’s special tax assessment implemented through CFD 2018-1 is subject to an annual escalator of the greater of 5% or CPI. Beaumont did not establish a facilities CFD and related special tax assessment for Olivewood. Notice has been provided pursuant to Government Code Section 53315.6 which requires that BUSD provide it to the City Council. This is an autonomous act solely within the authority of the BUSD Board and the City of Beaumont has no right of consideration/authority regarding the establishment of this CFD. 12 Item 2. Fiscal Impact: City estimates that preparation of this report cost approximately $215. Recommended Action: This item is presented for informational purposes only and City staff recommends that the City Council receive and file the Beaumont Unified School District notice of its intent to establish Community Facilities District 2020-1 of the Beaumont Unified School District. Attachments: A. Notice from the Beaumont Unified School District of Its Intent to Establish Community Facilities District 2020-1 of the Beaumont Unified School District – October 16, 2020 13 Item 2. 14 Item 2. 15 Item 2. 16 Item 2. 17 Item 2. 18 Item 2. 19 Item 2. 20 Item 2. 21 Item 2. 22 Item 2. 23 Item 2. 24 Item 2. 25 Item 2. 26 Item 2. 27 Item 2. 28 Item 2. 29 Item 2. 30 Item 2. 31 Item 2. 32 Item 2. 33 Item 2. 34 Item 2. 35 Item 2. 36 Item 2. 37 Item 2. 38 Item 2. 39 Item 2. 40 Item 2. 41 Item 2. 42 Item 2. 43 Item 2. 44 Item 2. 45 Item 2. 46 Item 2. 47 Item 2. 48 Item 2. 49 Item 2. 50 Item 2. 51 Item 2. 52 Item 2. 53 Item 2. 54 Item 2. 55 Item 2. 56 Item 2. 57 Item 2. 58 Item 2. 59 Item 2. 60 Item 2. 61 Item 2. 62 Item 2. 63 Item 2. 64 Item 2. 65 Item 2. 66 Item 2. 67 Item 2. 68 Item 2. 69 Item 2. 70 Item 2. 71 Item 2. 72 Item 2. Staff Report TO: City Council FROM: Elizabeth Gibbs, Community Services Director DATE November 3, 2020 SUBJECT: Adoption of a Resolution Authorizing the City Manager to Accept the Offer of Dedication Related to Solera Assignment of Easement and Record a Certificate of Acceptance of an Interest in Real Property with the County of Riverside Recorder AND Background and Analysis: On November 22, 2005, Solera Oak Valley Greens Association (Solera) recorded a Grant of Slope Maintenance Easement with the Riverside County Recorder for the purpose of granting Solera the legal right of access to the easement area for maintaining landscaping, irrigation, water supply, maintenance of the exterior surface and integrity of the perimeter wall that separates the easement area from the balance of each lot’s rear yard area (Attachment A). Solera has agreed to assign an interest in the easement, including certain maintenance obligations under the easement to the City, who in turn desires to assume such obligations subject to the following terms and conditions (Attachment B): 1. City of Beaumont Terms and Conditions for Acceptance: City of Beaumont hereby agrees to assume the obligations of Solera subject to the following: a. Existing plant materials are to be maintained at the sole discretion of the CITY, b. New or replacement plant materials will be selected and installed at the sole discretion of the CITY, c. Plants, landscape materials, hardscape materials, structures or any other items installed or placed by any party within the easement other than the CITY are subject to removal at the sole discretion of the CITY without compensation to any other party, d. CITY’s responsibilities are restricted solely to the maintenance of plant materials, maintenance and operation of the irrigation system, and 73 Item 3. maintenance of the existing slope. CITY assumes no responsibility for the maintenance of any structures within the easement, and e. Solera retains its rights and responsibilities regarding maintenance of the exterior surface and structural integrity of the perimeter wall that separates the easement area from the balance of each lot’s rear yard area as defined in the easement. 2. Indemnification: Each party will indemnify the other with respect to the performance of their ongoing responsibilities. Attached is a resolution authorizing the City Manager to accept the offer of dedication related to Solera assignment of easement (Attachment C). Fiscal Impact: Approximately $5,000 will be expended annually in the maintenance of this easement. Funding to maintain this easement will be absorbed in the current budget. Under Government Code Sections 6103 and 27383, the City of Beaumont is exempt from paying recordation fees to record the certificate of acceptance. Recommended Action: Waive the full reading and adopt by title only, “A Resolution Authorizing the City Manager to Accept the Offer of Dedication Related to Solera Assignment of Easement and Record a Certificate of Acceptance of an Interest in Real Property with the County of Riverside Recorder.” Attachments: A. Recorded Grant of Slope Maintenance Easement DOC 2005-0969219 by Pulte Homes to Solera Oak Valley Greens Association B. Assignment of Easement by Solera Oak Valley Greens Association to City of Beaumont C. Resolution of the City of Beaumont Accepting Assignment of Easement from Solera Oak Valley Greens Association D. Map 74 Item 3. 75 Item 3. 76 Item 3. 77 Item 3. 78 Item 3. 79 Item 3. 80 Item 3. 81 Item 3. 82 Item 3. 83 Item 3. 84 Item 3. 85 Item 3. 86 Item 3. 1 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: ______________________________________________________________________________ (Space Above This Line for Recorder's Office Use Only) ASSIGNMENT OF EASEMENT This Assignment of Easement ("Agreement") is entered into effective the ____ day of September, 2020, by and between Solera Oak Valley Greens Association, a California non-profit mutual benefit corporation ("Solera” or the “Association”) and the City of Beaumont, a general law city ("City"). RECITALS A. Solera holds an easement relative to certain real property (the “Easement Area”) located in the City of Beaumont, Riverside County, California, and described in Exhibit "A", attached hereto and made a part hereof by this reference, by way of that certain Grant of Slope Maintenance Easement (Solera Oak Valley Greens Association) dated October 24, 2005 and recorded with the Riverside County Recorder on November 22, 2005 as Document Number 2005-0969219 (the "Easement"). As stated within the Easement, the purpose thereof “is to give the Association a legal right of access to the Easement Area to maintain the landscaping initially installed by the [Developer] in the Easement Area, to maintain and repair the irrigation system and equipment that supplies water to the landscaping in the Easement Area, and to maintain the exterior surface and structural integrity of the Perimeter Wall that separates the Easement Area from the balance of each Lot’s rear yard area.” “Each Owner of a Lot listed in Exhibit A shall be responsible for maintaining the surface of the Perimeter Wall that faces into the Owner’s Lot.” By way of the Easement, the Association covenanted and agreed “to maintain the landscaping and irrigation equipment in the Easement Area and the Perimeter Wall on each of the Lots listed in Exhibit A.” B. Solera has agreed to assign an interest in the Easement, including certain maintenance obligations under the Easement, to the City of Beaumont; C. The City desires to assume such obligations of Solera under the Easement subject to the Terms and Conditions contained herein. 87 Item 3. 2 TERMS AND CONDITIONS NOW, THEREFORE, for and in consideration of the mutual covenants and provisions set forth herein, and other good and valuable consideration, the receipt of which by both parties hereto is hereby acknowledged, the parties intending to be legally bound, agree as follows: 1. Grant of Easement. Solera hereby assigns to the City of Beaumont certain rights and obligations under the Easement. Solera shall take all action necessary to provide City with access to the Easement at all times and shall not take any action that would restrict or prevent CITY from the free and unfettered access and use of the area of the Easement at any time. 2. City of Beaumont Terms and Conditions for Acceptance: City of Beaumont hereby agrees to assume the obligations of Solera subject to the following: a. Existing plant materials are to be maintained at the sole discretion of the CITY, b. New or replacement plant materials will be selected and installed at the sole discretion of the CITY, c. Plants, landscape materials, hardscape materials, structures or any other items installed or placed by any party within the easement other than the CITY are subject to removal at the sole discretion of the CITY without compensation to any other party, d. CITY’s responsibilities are restricted solely to the maintenance of plant materials, maintenance and operation of the irrigation system, and maintenance of the existing slope. CITY assumes no responsibility for the maintenance of any structures within the easement, and e. Solera retains its rights and responsibilities regarding maintenance of the exterior surface and structural integrity of the Perimeter Wall that separates the Easement Area from the balance of each Lot’s rear yard area as defined in the Easement. 3. Solera shall indemnify, defend and hold harmless CITY, its public officials, employees, and agents from and against all third party claims, demands, causes of action, liabilities, costs, damages, losses, penalties, fines, judgments or expenses, including reasonable attorneys’ fees and costs of collection that arise out of or result from the use, control, acts or omissions of Solera in the performance of its ongoing responsibilities for maintenance of the Perimeter Wall. Solera shall continue to maintain liability insurance applicable to its activities on the Easement in the amount of one million dollars per occurrence and two million dollars aggregate showing CITY as an additional insured. 4. CITY shall indemnify, defend and hold harmless Solera, its Board of Directors, managers, members, residents and agents from and against all third party claims, demands, causes of action, liabilities, costs, damages, losses, penalties, fines, judgments or expenses, including reasonable attorneys’ fees and costs of collection that arise out of or result from the use, control, acts or omissions of CITY in the performance of its assigned maintenance responsibilities from the date of this Agreement. 88 Item 3. 3 IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. Solera Oak Valley Greens Association, a California non-profit mutual benefit corporation By: ____________________________________ Its: _____________________________________ Date: ___________________________________ ACKNOWLEDGMENT OF NOTARY PUBLIC State of California ) ) SS. County of ___________ ) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 89 Item 3. 4 On_________________________ before me, ___________________________, Notary Public, personally appeared______________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ (Seal) Notary Public EXHIBIT “A’ ATTACH LEGAL DESCRIPTION OF LOTS IN TRACT NUMBERS 32325 PER “EASEMENT “ 90 Item 3. 5 91 Item 3. 6 EXHIBIT “A’ ATTACH LEGAL DESCRIPTION OF SLOPE AND LANDSCAPE MAINTENANCE EASEMENT PER “EASEMENT” 92 Item 3. 7 93 Item 3. 8 EXHIBIT “B’ ATTACH DIAGRAM PER “EASEMENT” 94 Item 3. 9 When Recorded Return Original To: City Clerk City of Beaumont 550 East 6th Street Beaumont, CA 92223 NO RECORDING FEE REQUIRED PER GOVERNMENT CODE SECTIONS 6103 AND 27383 CERTIFICATE OF ACCEPTANCE OF AN INTEREST IN REAL PROPERTY BY THE CITY OF BEAUMONT (GOVERNMENT CODE SECTION 27281) 95 Item 3. 10 This is to certify that the easement in real property conveyed by that certain Assignment of Easement dated September ___, 2020 is hereby accepted by order of City Council of the City, pursuant to the authority conferred by City Council Resolution No. 2020-_____ adopted on September ___, 2020, and the City as grantee further consents to its recordation thereof by its duly authorized officer, the City Manager. The City of Beaumont, a general law city ___________________ By: ______________________________ Dated Todd Parton, City Manager ATTEST: ____________________________ Steven Mehlman, City Clerk APPROVED AS TO FORM: ____________________________ John Pinkney, City Attorney 96 Item 3. 11 EXHIBIT "B" LEGAL DESCRIPTION 97 Item 3. 12 98 Item 3. 13 99 Item 3. 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF BEAUMONT AUTHORIZING THE CITY MANAGER TO ACCEPT THE OFFER OF DEDICATION RELATED TO SOLERA ASSIGNMENT OF EASEMENT Whereas, Solera Oak Valley Greens Association, a California non-profit mutual benefit corporation, has offered to assign certain easement rights to the City as provided in the Assignment of Easement dated _____, 2020. WHEREAS, Government Code Section 27281 provides that instruments conveying an interest in real property to the City may not be recorded without a Certificate of Acceptance from the City Council; and WHEREAS, Government Code Section 27281 also provides that the City Council may, by a resolution, authorize one or more officers to accept instruments conveying an interest in real property by executing a Certificate of Acceptance; and WHEREAS, the City Council desires to delegate to the City Manager the authority to accept the within described real property interest on behalf of the City. WHEREAS, A certificate of acceptance for accepting the aforementioned interest will be recorded with the Riverside County Clerk Recorder’s Office once the resolution is adopted by City Council; and NOW, THEREFORE, BE IT RESOLVED, that the City of Beaumont does authorize accepting the Assignment of Easement form Solera Oak Valley Greens Association, a California non-profit mutual benefit corporation per the following provisions: Provision 1. Recordation of the aforementioned certificate of acceptance shall be executed by the City Manager and recorded with the Riverside County Clerk Recorder’s Office MOVED, PASSED AND ADOPTED this ___day of November, 2020. AYES: NOES: ABSTAIN: ABSENT: 100 Item 3. 2 By: __________ Rey Santos, Mayor, City of Beaumont ATTEST: Steven Mehlman CITY CLERK By: _____________ 101 Item 3. 102 Item 3. Staff Report TO: City Council FROM: Jeff Mohlenkamp, Finance Director DATE November 3, 2020 SUBJECT: FY 2021 General Fund and Wastewater Fund Budget Adjustments Background and Analysis: The FY 2021 budget was adopted by City Council on June 2, 2020. The budget assumed that revenues would be impacted by the COVID-19 pandemic and the budget was balanced accordingly. Actual revenues, primarily sales and use tax revenues, have exceeded budgeted revenues with end of year projections for the Gener al Fund being $2.2 million better than expected. FY 2021 and the City’s multi-year fiscal year forecast projections have been amended to account for these additional revenues. Fund revenues are now projected to exceed the budget estimates as summarized below:  Sales Tax - $1,700,000,  Property Tax - $300,000,  Other taxes - $100,000 (utility users tax and franchise fees are preforming better than expected), and  Business license - $100,000. Total - $2,200,000 Staff also identified operational needs that warrant some adjustments to the FY 2021 budget. For the most part, these adjustments represent restoring some frozen positions and adding back some of the budget cuts that were implemented during the finalization of the FY 2021 budget. 103 Item 4. Recommended General Fund Budget Adjustments Revenues  Increase Sales Tax revenues by $1,700,000,  Increase secured Property Tax revenues by $300,000,  Increase Utility Users Tax by $50,000,  Increase Cable Franchise Fee by $50,000, and  Increase Business License fees by $100,000. Total revenue adjustments - $2,200,000 Expenses  Unfreeze 1 Police Officer Position - $99,167 (effective December 1, 2020),  Authorize Overhire of 2 Police Officer Positions - $198,333 (effective December 1, 2020),  Unfreeze 1 Streets Maintenance Position - $65,917 (effective December 1, 2020),  Unfreeze 4 Recreational Specialist positions - $22,667 (effective March 1, 2021),  Add Payroll Technician position - $67,083 (effective December 1, 2020), and  Restore Contract Services expense authority for Building and Safety - $111,000. Total expense adjustments $564,167 The net result of these adjustments will provide for a budget surplus of $1,635,833. Further details regarding these proposed adjustments is included as Attachment A. Recommended Wastewater Fund Budget Adjustments The new Beaumont wastewater treatment plant is now in operation and a new discharge permit has been issued. New permit requirements include additional compliance monitoring and reporting which necessitates the addition of a compliance manager position. As part of its mandates the City will also be required to turn on the reverse osmosis system which will result in the need to discharge brine through the recently completed 23 miles of brine line. Two additional collection maintenance worker positions are needed to monitor the line and ensure compliance and/or response to overflows or spills. Contingency funds for FY 2021 have been reduced by $196,196 to offset these increased operational costs. 104 Item 4. Expenses  Add New Compliance Manager position - $79,294 (effective December 1, 2020), and  Add 2 Collection Maintenance Worker positions - $116,902 (effective December 1, 2020). These positions are deemed essential to meet the operating needs of the plant and collection system. Total Expense Increases - $196,196 Attachment B provides further detail and explanation of the need for these proposed budget adjustments. Fiscal Impact: The impact of these adjustments for the General Fund is an increase in revenues by $2,200,000 and an increase in expenditures of $564,167 for a net budget surplus of $1,635,833. The Wastewater Fund budget will remain balanced. Recommended Action: Approve the proposed adjustments for the FY 2021 General Fund and Wastewater fund budgets. Attachments: A. General Fund – schedule of recommended budget expense adjustments B. Wastewater Fund – schedule of recommended budget adjustments C. Budget Adjustment Details (revenues and expenditures) 105 Item 4. FY 2021- General Fund Notes Proposed Budget Expense Adjustments for Council Consideration Full FY Cost FY 2021 Cost Personnel Costs Unfreeze 1 Police Officer Positions 170,000$ 99,167$ Filled by December 1st This unfreezes 1 of the 4 positions that are being held vacant in PD PD Officer Overfill - 2 positions 340,000$ 198,333$ Filled by December 1st Allows for overfill of two positions to cover vacancies/ workers comp/ etc. - helps ensure full staffing Unfreeze 1 Streets Maintenance Position 113,000$ 65,917$ Filled by December 1st Unfreezes one maintenance position that is needed to keep up with the growing workload in streets maintenance Unfreeze Rec Specialist positions (beginning March 2021)68,000$ 22,667$ Provides for the reinstatement of 4 seasonal positions beginning March 2021 New Position Added Admin Position (payroll)/ Needed if we move payroll inhouse with the Tyler payroll module 115,000$ 67,083$ Filled by December 1st This position is essential as the City improves the Human Resource system and brings payroll inhouse. This provides for adequate coverage to ensure timely/ proper tax filings, retirement, etc. Payroll Total 806,000$ 453,167$ Non Personnel Restoration of Contractual Services to Building and Safety - Plan Check Contract Services 62%, Inspection Contract Services 38% 185,000$ 111,000$ The Building and Safety department significantly reduced plan check and inspection contract costs during the FY 2021 budget process. Development has continued at high levels, necessitating additional contract services. Most of these costs will be recaptured through billing for services. Ransomware/ Disaster recover ongoing costs 15,000$ -$ An upgrade to our ransomware and disaster recovery is included in recommended one-time allocations. This represents the ongoing cost to maintain those functions. Tyler Payroll/HR and Fixed Assets (40,000)$ A proposal to bring payroll functions in house is included in the proposed allocation of one-time funds. This represents savings from eliminating existing external contract that is partially offset by new costs to bring the function in house. Non Payroll Total 160,000$ 111,000$ Total Restoration and New 966,000$ 564,167$ Total Proposed Expense Adjustments 106 Item 4. FY 2021 Wastewater Fund Proposed Budget Adjustments Notes/ Justification Personnel Costs Full Year Costs FY 2021 Cost New Compliance Manager Position 135,932$ 79,294$ This position would handle the tracking and reporting to various authorities to ensure the plant, collection system and the pretreatment requirements maintain compliance with requirements - assumes a start date of December 1, 2020 Two - New Collection MaintenanceWorker Positions 200,402$ 116,902$ These positions will monitor and maintain the 199 miles of sewer lines and lift stations. This brings the current staffing from 2 to 4 and more in line with similarly situated cities and allow for an oncall system to better meet community needs- assumes start date of December 1, 2020 Operating Costs Contract with SKM to provide Plant Computer System Monitoring 100,000$ -$ With the new upgrades, the plant as well as collection system is highly automated. As such a specific skill set is required. This contract will be necessary for the first year or more of operations to ensure the system is functioning optimally. NO funds are being requested for FY 2021 as the current estimate is that budgetary savings in other areas will be sufficient to cover this added expense. Total Costs 436,334$ 196,196$ 107 Item 4. 108 Item 4. 109 Item 4. 110 Item 4. Staff Report TO: City Council FROM: Elizabeth Gibbs, Community Services Director DATE November 3, 2020 SUBJECT: Award of Contract for the Removal and Replacement of Transit Services’ Graphics to UpDog Media, LLC in the Amount of $90,260 Background and Analysis: In July 2019, the cities of Beaumont and Banning entered into an interagency service agreement and subsequently reaffirmed it in July 2020. As part of the discussions during the negotiation of that agreement, staff from both citi es agreed to implement new branding that is separate and distinct to each agency, ultimately moving away from the “Pass Transit” branding. On October 6, 2020, City Council adopted a new Beaumont Transit branding and conceptual plan for bus wraps to be installed on the buses. Beaumont Municipal Code Section 3.01.040 states in part, “Maintenance work and other general services projects with cost estimates of more than $45,000 but less than or equal to $175,000 shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the non-public project informal bidding procedure contained in Section 3.01.090.” In September 2020, five vehicle wrapping companies from around the Inland Empire were contacted in writing and asked to submit a quote to remove the existing graphics, as well as to make and install the City Council’s newly adopted graphics on seventeen buses. Of the five companies contacted, four responded with the following quotes (Attachment A): UpDog Media, LLC- $90,260.00, Precision Sign and Graphics- $104,421.38, Decals by Design- $176,890.44, and Transport Graphics- $256,656.25. 111 Item 5. UpDog Media, LLC was the apparent lowest responsible and responsive bidder and a contract has been drafted, which the City Attorney has approved (Attachment B). Fiscal Impact: The project is fully funded by Riverside County Transportation Commission (RCTC) State Transit Assistance (STA) capital improvement project 20 -03. Recommended Action: Approve the award of contract for the removal and replacement of Transit Services’ graphics to UpDog Media, LLC in the amount of $90,260 with the authorization for the City Manager to approve any change orders up to $9,026 , and Authorize the City Manager to execute the Agreement on behalf of the City. Attachments: A. Bids received B. Maintenance Services Agreement C. Beaumont Transit Branding and Conceptual Plans – Adopted by the Beaumont City Council 112 Item 5. UpDog Media 2351 W. Lugonia Avenue, Suite D, Redlands, California, 92374 sales@updog.com (909) 498-4416 www.updog.com Quote 8266 Fleet Wrap - Full Wraps SALES REP INFO UpDog - Brittany Barron CS cs@updog.com 909.498.4416 QUOTE DATE 09/10/2020 QUOTE EXPIRY DATE 10/10/2020 TERMS Net 30 ORDERED BY City of Beaumont CONTACT INFO Celina Cabrera ccabrera@beaumontca.gov +1 951-769-8530 #ITEM QTY UOM U.PRICE TOTAL (EXCL. TAX) Chevy C5500 Bus - Wrap 33 ft.4 Each $4,125.00 $16,500.001 •Customer Provided Layout •Graphic Design/Layout/Mock ups •3M Premium Gloss Vinyl w/ UV Lamination •Latex Ink •Professional Installation •Fleet Discount Applied Chevy C5500 Bus - Wrap Pro Removal 4 Each $1,200.00 $4,800.002 Cleaning & Wrap Preparation Included Ford E450 Bus - Partial Wrap 26 ft.4 Each $3,245.00 $12,980.003 Partial Wrap - Perf on Partial Door: Commuter v2 •Customer Provided Layout •3M Premium Gloss Vinyl w/ UV Lamination •Latex Ink •Professional Installation •Fleet Discount Applied Ford E450 Bus - Wrap Pro Removal 4 Each $1,000.00 $4,000.004 Cleaning & Wrap Preparation Included El Dorado XHF-40 - Partial Wrap 40 ft.3 Each $4,990.00 $14,970.005 Partial Wrap - Perf on Partial Door: Commuter v2 •Customer Provided Layout •Partial Wrap - Perf on Partial Door •3m Premium Gloss Vinyl w/ UV Lamination •Latex Ink •Professional Installation •Fleet Discount Applied PRINTED ON 2020-10-08 08:57:33 -0700 BY KC CREATED BY U-1/2 113 Item 5. #ITEM QTY UOM U.PRICE TOTAL (EXCL. TAX) El Dorado XHF-40 - Wrap Pro Removal 3 Each $1,400.00 $4,200.006 Cleaning & Wrap Preparation Included EZ Rider II- Full Wrap 32 ft.1 Each $3,985.00 $3,985.007 •Customer Provided Layout •Graphic Design/Layout/Mock-Ups •3m Premium Gloss Vinyl w/ UV Lamination •Latex Ink •Professional Installation •Fleet Discount Applied EZ Rider II - Wrap Pro Removal 1 Each $1,400.00 $1,400.008 Cleaning & Wrap Preparation Included Ford F550 - Full Wrap 34 ft.5 Each $4,235.00 $21,175.009 •Customer Provided Layout •Graphic Design/Layout/Mock-Ups •3m Premium Gloss Vinyl w/ UV Lamination •Latex Ink •Professional Installation •Fleet Discount Applied Ford F550 - Wrap Pro Removal 5 Each $1,250.00 $6,250.0010 Cleaning & Wrap Preparation Included Once you have approved your project,payment will be due and payable prior to design and print,unless other arrangements have been made in advance.Setup: Shipping: Finance: Misc. Charges: Subtotal: Sales Tax (7.75%): Total: $0 $0 $0 $0 $90,260.00 $0 $90,260.00 Total Disc.$2,260.15(2.5%)Range Disc.$1,621.95 Volume Disc.$638.20 SIGNATURE:DATE: QUOTE 8266, CITY OF BEAUMONT, 09/10/2020 PRINTED ON 2020-10-08 08:57:33 -0700 BY KC CREATED BY U-2/2 114 Item 5. Requested By:Celina Cabrera Email:CCabrera@beaumontca.gov Work Phone:951-769-8530 Cell Phone:951-769-8530 Salesperson:David Prieto Email:david@precisionsignandgraphics.com Work Phone:(951) 332-2700 x 103 Cell Phone:(909) 208-0039 NO.Product Summary QTY UNIT PRICE TAXABLE AMOUNT 1 Chevy 5500 4 $4,975.00 $19,900.00 $19,900.00 1.1 Vehicle Wrap Kit - Front Part Qty: 1 Width: 96.00" Height: 60.00" 1.2 Vehicle Wrap Kit - Sides of Bus - 2 Part Qty: 2 Width: 360.00" Height: 110.00" 1.3 Vehicle Wrap Kit - Rear of Bus Part Qty: 1 Width: 96.00" Height: 110.00" 2 Ford 550 5 $5,250.00 $26,250.00 $26,250.00 2.1 Vehicle Wrap Kit - Front of Bus Part Qty: 1 Width: 96.00" Height: 60.00" 2.2 Vehicle Wrap Kit - Sides of Bus Part Qty: 2 Width: 384.00" Height: 110.00" 2.3 Vehicle Wrap Kit - Rear of Bus Part Qty: 1 Width: 96.00" Height: 110.00" 3 Ford E 450 4 $4,150.00 $16,600.00 $16,600.00 Bill To:City of Beaumont 550 E. 6th St. Beaumont, CA 92223 US DESCRIPTION: 3M Premium Vinyl and Laminates - Fleet Graphics - Removals and Reinstalls on City Fleet ESTIMATE EST-4921 PO Number: Custom Imaging Done with Precision www.precisionsignandgraphics.com 10247 Bellegrave Avenue Suite 134 Jurupa Valley, CA 91752 (951) 332-2700 Created Date: 10/4/2020 Generated On: 10/4/2020 1:30 PM Page 1 of 3 115 Item 5. 3.1 Vehicle Wrap Kit - Front of Bus Part Qty: 1 Width: 96.00" Height: 60.00" 3.2 Vehicle Wrap Kit - Sides of Bus Part Qty: 2 Width: 288.00" Height: 110.00" 3.3 Vehicle Wrap Kit - Rear of Bus Part Qty: 1 Width: 96.00" Height: 110.00" 4 El Dorado - Full Wrap 3 $6,350.00 $19,050.00 $19,050.00 4.1 Vehicle Wrap Kit - Front Part Qty: 1 Width: 96.00" Height: 60.00" 4.2 Vehicle Wrap Kit - Sides of Bus - 2 Part Qty: 2 Width: 480.00" Height: 110.00" 4.3 Vehicle Wrap Kit - Rear of Bus Part Qty: 1 Width: 96.00" Height: 110.00" 5 EZ Ryder - Full Wrap 1 $5,250.00 $5,250.00 $5,250.00 5.1 Vehicle Wrap Kit - Front of Bus Part Qty: 1 Width: 96.00" Height: 60.00" 5.2 Vehicle Wrap Kit - Sides of Bus - 2 Part Qty: 2 Width: 384.00" Height: 110.00" 5.3 Vehicle Wrap Kit - Rear of Bus Part Qty: 1 Width: 96.00" Height: 110.00" 6 Wrap Removal - 17 vehicles 17 $625.00 $0.00 $10,625.00 6.1 Vehicle Wrap Removal - - # of Hours: 6 Subtotal:$97,675.00 Taxable Amount:$87,050.00 Taxes:$6,746.38 Grand Total:$104,421.38 All custom orders require a 50% initial deposit, with the balance paid upon installation or pickup. Orders under $300 will require advanced payment in full. We accept all major credit cards, cash, and checks. Please review all artwork including spelling, before approving proof. Two design revisions are included, after which additional graphic design fees may apply. Cost estimates are subject to revision based upon newly disclosed information including but not limited to: condition or location of vehicle/property, change order requests, and details affecting project timelines. Generated On: 10/4/2020 1:30 PM Page 2 of 3 116 Item 5. Thank you. We appreciate the opportunity to earn your business! Generated On: 10/4/2020 1:30 PM Page 3 of 3 117 Item 5. ESTIMATE Date 10/2/2020 Estimate # 4170 Name / Address City of Beaumont 550 E. 6th Street Beaumont, CA 92223 Attn: Celina Cabrera Stock Number(s) TBD Project Beaumont Transit Customer Beaumont Thank you for the opportunity to provide pricing for your upcoming project. Total Subtotal Sales Tax (7.75%) Please Note: If installation of decals is required, vehicle(s) need to be clean and dry a minimum of 24 hours prior to installation. Description Qty Cost Total Beaumont Transit Bus Decal Graphics Graphics include Driver Side, Passenger Side, Front and Rear Digital print on 3M 180C-10 White Vinyl with 3M 8518 Lamination, Kiss Cut, Weed, and Premask. Digital print on Window Perf Vinyl with Lamination. Bus Decal Graphics for Beaumont Transit Ford E450, 26' Bus 4 4,725.00 18,900.00T Bus Decal Graphics for Beaumont Transit Chevy C5500, 33' Bus 4 5,995.00 23,980.00T Bus Decal Graphics for Beaumont Transit Ford F550, 34' Bus 5 6,165.00 30,825.00T Bus Decal Graphics for Beaumont Transit EZ Rider II, 32' Bus 1 6,575.00 6,575.00T Bus Decal Graphics for Beaumont Transit ElDorado XHF, 40' Bus 3 7,715.00 23,145.00T Installation Labor - Application of Beaumont Transit decal graphics Ford E450, 26' Bus 4 2,500.00 10,000.00 Installation Labor - Application of Beaumont Transit decal graphics Chevy C5500, 33' Bus 4 3,160.00 12,640.00 Installation Labor - Application of Beaumont Transit decal graphics Ford F550, 34' Bus 5 3,265.00 16,325.00 Page 1 118 Item 5. ESTIMATE Date 10/2/2020 Estimate # 4170 Name / Address City of Beaumont 550 E. 6th Street Beaumont, CA 92223 Attn: Celina Cabrera Stock Number(s) TBD Project Beaumont Transit Customer Beaumont Thank you for the opportunity to provide pricing for your upcoming project. Total Subtotal Sales Tax (7.75%) Please Note: If installation of decals is required, vehicle(s) need to be clean and dry a minimum of 24 hours prior to installation. Description Qty Cost Total Installation Labor - Application of Beaumont Transit decal graphics EZ Rider II, 32' Bus 1 3,075.00 3,075.00 Installation Labor - Application of Beaumont Transit decal graphics ElDorado XHF, 40' Bus 3 3,840.00 11,520.00 Removal of previous Beaumont bus graphics Ford E450, 26' Bus 4 500.00 2,000.00 Removal of previous Beaumont bus graphics Chevy C5500, 33' Bus 4 660.00 2,640.00 Removal of previous Beaumont bus graphics Ford F550, 34' Bus 5 690.00 3,450.00 Removal of previous Beaumont bus graphics EZ Rider II, 32' Bus 1 1,400.00 1,400.00 Removal of previous Beaumont bus graphics ElDorado XHF, 40' Bus 3 800.00 2,400.00 Please note: Paint line smoothing fee of $350.00 per vehicle, if required. We are not responsible for paint lifting during removal process. Page 2 $176,890.44 $168,875.00 $8,015.44 119 Item 5. Transport Graphics 6666 Van Buren Blvd. Riverside, CA 92503 US accounting@transportgraphics.net www.transportgraphics.net Estimate ADDRESS Celina Cabrera City Of Beaumont 550 E. 6th Street, Beaumont, CA 92223 SHIP TO Celina Cabrera City Of Beaumont 550 E. 6th Street, Beaumont, CA 92223 ESTIMATE #DATE 1150 10/08/2020 SALES REP Celina Cabrera ACTIVITY QTY RATE AMOUNT Decals - Taxable Eldorado - 40ft bus FULL WRAP 3 15,000.00 45,000.00T Decals - Taxable Ford 550 Bus FULL WRAP 5 13,500.00 67,500.00T Decals - Taxable Chevy 550 Bus FULL WRAP 4 13,000.00 52,000.00T Decals - Taxable EZ Rider II Bus FULL WRAP 1 13,000.00 13,000.00T Decals - Taxable Ford 450 Bus FULL WRAP 4 11,500.00 46,000.00T Decals - Non Taxable Removal of Existing Decals 26ft (ford E450) 4 500.00 2,000.00 Decals - Non Taxable Removal of Existing Decals 32ft- 34ft Busses (Chevy C550, Ford F550, EZ Rider) 10 800.00 8,000.00 Decals - Non Taxable Removal of Existing Decals 40ft Busses (El Dorado) 3 1,200.00 3,600.00 Material - 3M with matching lamination and carries the standard 3m warranty (warrantee information available upon request, REGION 1) Window - 3M Window Perf with matching Lamination. SUBTOTAL 237,100.00 TAX (0.0875) 19,556.25 TOTAL $256,656.25 120 Item 5. Accepted By Accepted Date 121 Item 5. 122 Item 5. 123 Item 5. 124 Item 5. 125 Item 5. 126 Item 5. 127 Item 5. 128 Item 5. 129 Item 5. 130 Item 5. 131 Item 5. 132 Item 5. 133 Item 5. 134 Item 5. 135 Item 5. 136 Item 5. 137 Item 5. LOGOTYPE 138 Item 5. LOGOTYPE VARIATIONS 139 Item 5. Staff Report TO: City Council FROM: Elizabeth Gibbs, Community Services Director DATE November 3, 2020 SUBJECT: Revision to the City of Beaumont and Riverside Transit Agency Interagency Agreement No. 18-017 Background and Analysis: On April 18, 2018, the City of Beaumont and Riverside Transit Agency (RTA) entered into an Interagency Agreement whereby for the purpose of establishing a transfer fare policy for our mutual passengers’ boarding and alighting at connecting stops . Substantive revisions were made to the agreement on November 5, 2019 , that clarified the fare media accepted on local fixed-route and commuter services, as well as extending the agreement for one year. Because the agreement is set to expire, staff recommends a revision to the agreement that is in line with the previously adopted agreements with Victor Valley Transit Authority and OmniTrans. Specifically, Article 11, which if approved, would allow for the agreement to remain in effect provided that neither party terminates the agreement by giving the other party a 60-day written notice. Fiscal Impact: There is no fiscal impact. Recommended Action: Approve the proposed revisions to the City of Beaumont and Riverside Transit Agency Interagency Agreement No. 18-017. Attachments: A. Interagency Agency Agreement 18-017 140 Item 6. INTERAGENCY SERVICE AGREEMENT NO. 18-017 BETWEEN RIVERSIDE TRANSIT AGENCY AND THE CITY OF BEAUMONT THIS AGREEMENT is made and entered into this 17th day of November, 2020 by and between Riverside Transit Agency, a public agency formed under a Joint Powers Agreement, 1825 Third Street, Riverside, California 92507 (hereinafter referred to as "AGENCY"); and City of Beaumont, a municipal corporation, 550 East 6th Street, Beaumont, California 92223 (hereinafter referred to as "CITY"). RECITALS: WHEREAS, AGENCY and CITY are empowered by law to provide the general public with convenient, safe and accessible transportation within their respective jurisdictions; and WHERAS, CITY operates a transit system that is commonly known as “Beaumont Transit”; and WHEREAS, AGENCY and CITY desire to cooperate and coordinate in route planning, scheduling, stops, transfers, fares and information dissemination; and WHEREAS, both parties agree that this Agreement shall be non-financial in nature; WHEREAS, this agreement shall supersede any and all previous service agreements between AGENCY and CITY; NOW, THEREFORE, it is mutually understood and agreed by AGENCY and CITY as follows: 141 Item 6. ARTICLE 1. PUBLIC INFORMATION AGENCY and CITY agree to cooperate in providing the public with specific transit information, advertising the operations of both agencies and promoting the general use of transit. ARTICLE 2. STOPS A. AGENCY and CITY agree to cooperate in the location, installation and maintenance of all jointly used bus stops, including use of the other’s poles and posts at joint transfer points. B. Each party shall be solely responsible for claims for damages arising out of its installation of its bus stop signs or passenger amenities and its transportation and related services. C. Each party agrees to the establishment of stops in the other’s s ervice area, subject to approval of each specific stop. D. Each party may negotiate with the other party regarding boarding restrictions within its respective service area where duplication of service or potential revenue loss may occur. E. Each party shall be responsible for obtaining any required licenses or permits and paying any necessary fees in order to establish bus stops, install amenities or operate service in either service area. ARTICLE 3. FARES Fares may vary in accordance with adopted policies of each party. Each party shall retain all fares collected in the operation of their service. ARTICLE 4. TRANSFER CONNECTIONS AGENCY and CITY agree to facilitate minimization of passenger waiting time, and both parties shall coordinate schedules whenever practical. 142 Item 6. ARTICLE 5. TRANSFER A. AGENCY shall only accept fare media at Beaumont Walmart (RTA stop ID’s 2928 and 2929), Loma Linda Veterans Hospital and San Bernardino Transit Center where CITY’S routes meet or intersect AGENCY’S routes. B. CITY shall only accept fare media at Beaumont Walmart (RTA stop ID’s 2928 and 2929), Loma Linda Veterans Hospital and San Bernardino Transit Center where AGENCY’S routes meet or intersect CITY’S routes. C. AGENCY shall accept CITY’S fare media valued at AGENCY’S local base fare for service toward AGENCY’S local fixed route service. In the event that CITY’S base fare is valued at more than AGENCY’S base fare, no change or credit will be due to the passenger. Passengers are not required to pay additional fares to cover any shortfall between the CITY’S and AGENCY’S base fares. Fare media includes valid multi-use passes such as daily, weekly and monthly passes issued for various fare categories including but not limited to full-fare, senior, disabled, Medicare, veteran, student and youth categories. D. CITY shall accept AGENCY’S local fixed fare media valued at CITY’S base fare for service toward CITY'S regular fixed route service. In the event that AGENCY’S base fare is valued at more than CITY’S base fare, no change or credit will be due to the passenger. Passengers are not required to pay additional fares to cover any shortfall between the AGENCY’S and CITY’S base fares. Fare media includes valid multi-use passes such as daily, weekly and monthly passes issued for various fare categories including but not limited to full-fare, senior, disabled, Medicare, veteran, student and youth categories. E. CITY shall accept AGENCY’S local fixed route fare media on CITY’S Commuter Link buses for a $1 discount toward the applicable premium fare. Fare media includes valid multi-use passes such as daily, weekly and monthly passes issued for various fare categories including but not limited to full-fare, senior, disabled, Medicare, veteran, student and youth categories. F. AGENCY shall accept CITY’S regular fixed route fare media valued at AGENCY’S local fixed route base fare on AGENCY’S Commuter Link buses. In the event that AGENCY’S base fare is valued at more than CITY’S base fare, no change or credit will be due to the passenger. Passengers are not required to pay additional fares to cover any shortfall 143 Item 6. between the AGENCY’S and CITY’S base fares. Fare media includes valid multi-use passes such as daily, weekly and monthly passes issued for various fare categories including but not limited to full-fare, senior, disabled, Medicare, veteran, student and youth categories. G. AGENCY shall accept CITY’S Commuter Link fare media valued at AGENCY’S local fixed route base fare toward AGENCY’S Commuter Link service. In the event that CITY’S base fare is valued at more than AGENCY’S base fare, no change or credit will be due to the passenger. Passengers are not required to pay additional fares to cover any shortfall between the CITY’S and AGENCY’S base fares. Fare media includes valid multi-use passes such as daily, weekly and monthly passes issued for various fare categories including but not limited to full-fare, senior, disabled, Medicare, veteran, student and youth categories. H. CITY shall accept AGENCY’S Commuter Link fare media valued at CITY’S base fare toward CITY’S Commuter Link service. In the event that AGENCY’S base fare is valued at more than CITY’S base fare, no change or credit will be due to the passenger. Passengers are not required to pay additional fares to cover any shortfall between the CITY’S and AGENCY’S base fares. Fare media includes valid multi-use passes such as daily, weekly and monthly passes issued for various fare categories including but not limited to full-fare, senior, disabled, Medicare, veteran, student and youth categories. I. The transfer media are not valid for Dial-A-Ride or Access Service. J. Each party shall accept the other party’s valid employee identification, on all local fixed route and commuter services in lieu of payment of fare. K. AGENCY shall accept CITY’S Military Veteran Identification for purchase of AGENCY’S reduced Veterans Fares. L. CITY shall accept AGENCY’S Military Veteran Identification for purchase of CITY’S reduced Veterans fares. ARTICLE 6. OPERATIONAL INFORMATION Each party shall formally inform the Director of Service Planning or Community Services Director of the other agency of future plans for route and schedule changes, exclusive of temporary demand and emergency situations, no later than 30 days before the changes 144 Item 6. are scheduled to be implemented. ARTICLE 7. CONTROL AND RESPONSIBILITY A. Each party to this Agreement, in its operations pursuant hereto, is acting as an independent contractor and agrees to indemnify and hold the other party, including its officers, directors, employees, agents, subcontractors and suppliers, harmless from and against all claims, losses, damages and expenses, including attorney’s fees, on account of bodily injury to or death of any person, or for property damage arising out of the performance of services described in this Agreement, unless caused by the negligence of the other party. B. Each party to this agreement shall indemnify, defend and hold harmless the other party, including its officers, directors, employees, agents, subcontractors and suppliers, from and against any and all liability or expense including any claim of liability and any and all losses or costs, including legal expenses and costs of expert witnesses and c onsultants, that may be imposed by the other party solely by virtue of the provisions of Section 895.2 of the California Government Code. ARTICLE 8. SERVICE TO BE OPERATED Each party may operate non-duplicating services in the other's jurisdiction with the written approval of the other agency. Every attempt shall be made to coordin ate alignments, schedules, stops, fare policies, and route planning for the safety and convenience of the general public. ARTICLE 9, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) Each party shall be solely responsible for complying with the Americans with Disabilities Act of 1991 (ADA) as amended, including the provision of parallel ADA demand response service along each party’s fixed routes operated in the other party’s service area. ARTICLE 10. NO MONETARY CLAIMS Neither party shall have any claims against or liabilities to the other party on account of expenses incurred or revenues received or lost as a result of this Agreement except as otherwise provided to the contrary herein. 145 Item 6. ARTICLE 11. TERMS OF THE AGREEMENT This Agreement shall be effective on the date of full execution by both parties and will remain in effect provided that neither party terminates this Agreement. Notwithstanding the forgoing sentence, until terminated by either party by giving 60 days written notice to the other party. ARTICLE 12. GOVERNING LAW; SEVERABILITY. This Agreement is in all respects governed by California law. If any part of this Agreement or the application thereof is declared invalid for any reason, such invalidity shall no t affect the other provisions of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are declared to be severable. ARTICLE 13. INSURANCE. The parties each verify that they are a self-insured entity or maintain indemnity coverage through a Joint Powers Authority. ARTICLE 14. COMPLIANCE WITH LAWS. Each party shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulat ions, and all other applicable federal, state, municipal and local safety regulations. All services performed by either party must be in accordance with these laws, ordinances, codes and regulations. 146 Item 6. ARTICLE 15 NOTIFICATION AND MAILING ADDRESSES Any requests and demands made between the parties pursuant to this Agreement are to be directed as follows: CITY OF BEAUMONT: AGENCY: Beaumont Transit Riverside Transit Agency 550 East 6th Street 1825 Third Street Beaumont, CA 92223 Riverside, CA 92507 Attn: City Manager Attn: Vince Rouzaud Todd Parton Chief Procurement & Logistics Officer (951) 769-8520 (951) 565-5180 Any notices of service and schedule changes are to be directed as follows: CITY OF BEAUMONT: AGENCY: Beaumont Transit Riverside Transit Agency 550 East 6th Street 1825 Third Street Beaumont, CA 92223 Riverside, CA 92507 Attn: Elizabeth Gibbs Attn: Kristin Warsinski Community Services Director Director of Planning (951) 769-8521 (951) 565-5136 ARTICLE 16. ENTIRE AGREEMENT. The terms and conditions of this Agreement represents the entire agreement between the parties with respect to its subject matter. This Agreement shall supersede any and all prior contracts between the parties, regarding the subject matter of this Agreement. The terms and conditions of this Agreement shall not be altered or otherwise modified except by a written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written. 147 Item 6. CITY OF BEAUMONT RIVERSIDE TRANSIT AGENCY By___________________________ By___________________________ Todd Parton Larry Rubio City Manager Chief Executive Officer APPROVED AS TO FORM: APPROVED AS TO FORM: By___________________________ By___________________________ John O. Pinkney Barbara Raileanu City Attorney General Counsel 148 Item 6. Staff Report TO: City Council FROM: Elizabeth Gibbs, Community Services Director DATE November 3, 2020 SUBJECT: Amendment to the Short-Range Transit Plan FY 2021 - Table 4 Background and Analysis: On April 21, 2020, City Council approved the Beaumont Short-Range Transit Plan (SRTP) and its submittal to Riverside County Transportation Commission (RCTC). Included in the SRTP is Table 4, which outlines the department’s funding plan and the basis for the budget (Attachment A). One of the many funding sources for Transit is the State of Good Repair (SGR). Estimates are prepared annually by the State of California Controller’s Office (SCO). Table 4 shows SGR funds awarded to Beaumont Transit. Beaumont has been allocated an additional $59,290 in SGR funds since the City Council action last April. To accept the additional allocation, and to include it with Capital Project 21-02 Fleet Maintenance and Operations Facility, RCTC requires that City Council approve a revised Table 4. Attachment B shows the amount of $59,290 added to Table 4 and will be part of the funding for Capital Project 21-02. Fiscal Impact: If approved, this item will have a positive impact on the funding available for capital project 21-02, the construction of the fleet maintenance and operations facility. Recommended Action: Approve a revision to the Short-Range Transit Plan Fiscal Year 2021 – Table 4 and accept the allocation of $59,290. Attachments: A. Table 4 – Adopted B. Table 4 – Proposed 149 Item 7. Table 4 - Summary of Funds Requested for FY 2020/2021 Total Amount of Funds LTF STA Measure A LCTOP SGR Fare Box Interest Operations with LCTOP 19/20 Free Fare Project 1,756,361$ 1,559,415$ 63,346$ 133,600$ Commuter 120 708,845$ 640,503$ 20,000$ 48,342$ Commuter 125 284,455$ 272,455$ 10,000$ 12,000$ Dial A Ride 323,723$ 303,723$ 20,000$ Interest & Other Income 1,000$ 1,000$ Subtotal: Operating 3,084,384$ 2,776,096$ -$ -$ 93,346$ -$ 213,942$ 1,000$ Project Description Capital Project Number (1) Total Amount of Funds LTF STA STA-OB (Obligated Balance)Measure A LCTOP SGR Fare Box Interest CNG Station 21-01 500,000$ 500,000$ Fleet Maintenance & Operations Facility (SGR 18/19 & 20/21)21-02 617,709$ 446,463$ 121,360.83$ 49,885$ Bus Stop Signage and Amenities (SGR 19/20)21-03 51,999$ 51,999$ 2- Electric Shuttle EV Star 21-04 220,000$ 220,000$ New Vehicle Communications Installation 21-05 57,498$ 57,497.74$ GPS System on Buses 12-01 (4,118)$ (4,117.75)$ Building Improvements 13-01 (10,087)$ (10,086.83)$ Building D Improvement 14-03 (11,274)$ (11,274.00)$ 2 Type 7 Buses for Replacement/Expansion 15-01 (29,726)$ (29,725.82)$ 2 Security Cameras for the Above Project 15-02 (5,237)$ (5,236.67)$ Bus Yard Parking Lot with Security Gates 17-01 (100,000)$ (100,000.00)$ Type H EZ Rider II Vehicle 19-02 (18,418)$ (18,417.50)$ Subtotal: Capital 1,268,347$ -$ 1,166,463$ -$ -$ 101,884$ -$ -$ 4,352,731$ 2,776,096$ 1,166,463$ -$ 93,346$ 101,884$ 213,942$ 1,000$ Adopted April, 21, 2020 City of Beaumont FY 2020/2021 Summary of Funds Requested Short Range Transit Plan Project Description Total: Operating & Capital 150 Item 7. Table 4 - Summary of Funds Requested for FY 2020/2021 Total Amount of Funds LTF STA Measure A LCTOP SGR Fare Box Interest Operations with LCTOP 19/20 Free Fare Project 1,756,361$ 1,559,415$ 63,346$ 133,600$ Commuter 120 708,845$ 640,503$ 20,000$ 48,342$ Commuter 125 284,455$ 272,455$ 10,000$ 12,000$ Dial A Ride 323,723$ 303,723$ 20,000$ Interest & Other Income 1,000$ 1,000$ Subtotal: Operating 3,084,384$ 2,776,096$ -$ -$ 93,346$ -$ 213,942$ 1,000$ Project Description Capital Project Number (1) Total Amount of Funds LTF STA STA-OB (Obligated Balance)Measure A LCTOP SGR Fare Box Interest CNG Station 21-01 500,000$ 500,000$ Fleet Maintenance & Operations Facility (SGR 18/19)21-02 617,709$ 446,463$ 121,360.83$ 49,885$ Fleet Maintenance & Operations Facility (SGR 20/21)21-02 59,290$ 59,290$ Bus Stop Signage and Amenities (SGR 19/20)21-03 51,999$ 51,999$ 2- Electric Shuttle EV Star 21-04 220,000$ 220,000$ New Vehicle Communications Installation 21-05 57,498$ 57,497.74$ GPS System on Buses 12-01 (4,118)$ (4,117.75)$ Building Improvements 13-01 (10,087)$ (10,086.83)$ Building D Improvement 14-03 (11,274)$ (11,274.00)$ 2 Type 7 Buses for Replacement/Expansion 15-01 (29,726)$ (29,725.82)$ 2 Security Cameras for the Above Project 15-02 (5,237)$ (5,236.67)$ Bus Yard Parking Lot with Security Gates 17-01 (100,000)$ (100,000.00)$ Type H EZ Rider II Vehicle 19-02 (18,418)$ (18,417.50)$ Subtotal: Capital 1,327,637$ -$ 1,166,463$ -$ -$ 101,884$ -$ -$ 4,412,021$ 2,776,096$ 1,166,463$ -$ 93,346$ 101,884$ 213,942$ 1,000$ Proposed 11.3.20 City of Beaumont FY 2020/2021 Summary of Funds Requested Short Range Transit Plan Project Description Total: Operating & Capital Attachment B-Proposed Table 4 151 Item 7. Staff Report TO: City Council FROM: Christina Taylor, Community Development Director DATE November 3, 2020 SUBJECT: Hold a Public Hearing and Take Testimony on the City of Beaumont General Plan Update, Draft Environmental Impact Report, Finding of Facts and Statement of Overriding Considerations and Zoning Code Amendments Background and Analysis: State law requires each county and city to prepare and adopt a 20-year comprehensive and long-range general plan for its physical development (Government Code Section 65300). The General Plan has been called the “constitution” or “blueprint” for the City and offers a strong foundation for making future development decisions. The current General Plan was approved by City Council in March 2007. In December 2016, the City Council awarded a contract for the proposed General Plan Update. For the last several years, the City has been collaborating with the community in preparing a comprehensive update of the General Plan. This update will allow the City to comply with Government Code Section 65300 mentioned above and will provide the City with a consistent framework for land use decision-making. The general plan and its maps, diagrams, goals, and policies form the basis for city zoning, subdivision, and public works actions. Under California law, no specific plan, area plan, zoning, subdivision map, nor public works project may be approved unless the City finds that is consistent with the adopted general plan. The mandated elements of a general plan form a comprehensive set of planning policies:  The Land Use Element (Land Use and Community Design) designates the general distribution and intensity of land uses within the planning area ;  The Circulation (Mobility) Element identifies the general location and extent of existing and proposed transportation facilities and utilities;  The Housing Element is a comprehensive assessment of current and future housing needs for all segments of the City population, as well as a program for 152 Item 8. meeting those needs. The City is updating the Housing Element separately from the General Plan and in compliance with State guidelines;  The Open-Space, Air Quality and Conservation Elements have been combined. This open-space portion describes measures for the preservation of open space for the protection of natural resources, the managed production of resources, and for recreation and public health and safety. The conservation portion addresses the conservation, development, and use of natural resources. The air quality portion describes local air quality conditions and air quality measures, including air quality standards, reduced greenhouse gas emissions, and reduction of vehicle miles traveled;  The Safety Element establishes policies to protect the community from risks associated with natural and human-made hazards such as seismic, geologic, flooding, wildfire hazards, and climate change;  The Noise Element identifies major noise sources and contains policies intended to protect the community from exposure to excessive noise levels; and  The Health and Environmental Justice Element identifies disadvantaged communities within the City and issues of equity and environmental justice. SB1000 signed into law in 2016 by Governor Brown requires cities to identify “environmental justice” or “disadvantaged communities” within their jurisdiction as part of the general plan process. This law has several purposes, including to facilitate transparency and public engagement in local governments’ planning and decision making processes, reduce harmful pollutants and associated health risks in environmental justice communities, and promote equitable access to health -inducing benefits, such as healthy food options, housing, public facilities, and recreation. In o rder to be compliant with SB1000, the City has included an element on Health and Environmental Justice. A city may adopt a general plan in the format that best fits its unique circumstances (Government Code Section 65300.5). In doing so, the city must ensure that the General Plan and its component parts comprise an integrated, internally consistent, and compatible statement of development policies. The City of Beaumont has chosen to adopt a general plan that consolidates the mandatory elements, but also i ncludes three (3) optional elements and integrates background information, goals and policies, and environmental analysis, as described below. Beaumont General Plan The Beaumont General Plan includes the preparation of a number of major documents. In addition to the mandated general plan elements required by the State, the City of Beaumont has added the three (3) optional elements listed below as they are important 153 Item 8. topics to be addressed as part of growth and development and improvement to the quality of life for the community. Chapter 5-Economic Development + Fiscal Element (new element) The purpose of the Economic Development and Fiscal Element is to establish policy guidance critical to Beaumont’s overall fiscal and economic prosperity. Local business growth and investment, job creation and diversification, and the City’s financial stability are foundational to the success of the community. As market forces beyond the City’s control influence economic outcomes, this element provides a policy framework to give the City greater control of outcomes aimed at resiliency and long-term prosperity through changing economic cycles. Topics addressed in this chapter include business growth and support, workforce development, visitation and tourism, and economic and fiscal sustainability. Chapter 7-Community Facilities + Infrastructure Element (new element) Attractive and accessible community facilities, dependable electricity and water supply, and efficient waste removal are important to maintaining and enhancing qual ity of life in Beaumont – these are critical lifelines that support the wellbeing of residents, provision of basic services, and investments in the City. Community facilities and infrastructure systems must also be adaptable to changes in the City, account ing not only for existing capacity, but also future demand, sustainable design, and creative funding options. Chapter 11-Downtown Area Plan (new element) The Downtown Plan provides a detailed vision, guiding principles, and goals and policies for downtown Beaumont. The City currently lacks a defined, recognizable downtown area, but maintains the historic development pattern of a California railroad town. Few cities have such great downtown potential and, with a rise in experiential retail and entertainment, the City is planning for its revitalization in the proposed Downtown Area Plan. This chapter provides the foundation for the future revitalization and redevelopment of the downtown core of the community and for guiding future public and private development decisions. Topics addressed include land use and development policies, streetscape improvements, transportation and parking guidance. This is a stand-alone chapter of the General Plan and the goals and policies located herein shall be consistent with the General Plan’s other elements. Chapter 12-Implementation (new chapter) This chapter describes actions to implement the goals and policies of the General Plan. Generally, implementation actions are needed to direct City staff and decision makers, 154 Item 8. and execute specific policies within the General Plan, such as creating an ordinance or updating a master plan. This chapter also includes indicators to track the implementation of the General Plan over time. General Plan Land Use Map The General Plan not only includes the various elements/chapters, containing text and graphics, but also a Land Use Map of the entire City and its sphere of influence. This map identifies land uses for all properties within the City. Many of the land use categories in the proposed land use map have not changed. However, definitions have been refined to clarify intent and vision for the area; new definitions have been introduced to support specific densities or uses in select areas of the City; and a Downtown Area Plan has been introduced to support an efficient, functional, cost- effective and aesthetically pleasing strategy to meet development demands for various land uses within the 20-year time horizon of the General Plan. The following are a list of proposed Land Use Categories in the proposed General Plan along with corresponding zoning designations: LAND USE DESIGNATION ZONING DISTRICT DESCRIPTION DENSITY/ INTENSITY RESIDENTIAL DESIGNATIONS Rural Residential 40 (RR40) RR Single family detached homes on 40 acre lots in a rural mountainous setting Minimum 40 acre lots Rural Residential 10 (RR10) Not within City Limits Single family detached homes on 10 acre lots in a rural setting Minimum 10 acre lots Rural Residential 1 (RR1) Per County Zoning Single family detached homes on 1 acre lots in a hillside setting Minimum 1 acre lots Single Family Residential (SFR) R-SF Single-family residential (attached or detached) Neighborhood commercial in specified locations Maximum 4 du/acre Maximum FAR 0.35 155 Item 8. Traditional Neighborhood (TN) R-TN Single-family detached houses and small-scale multi-family housing Neighborhood commercial in specified locations Average Density 6 du/ acre Maximum 12 du/acre Maximum FAR 0.35 High-Density Residential (HDR) R-MF Multi-family housing (townhomes, condominiums, apartments, etc.) Neighborhood commercial in specified locations Minimum 12 du/acre Maximum 30 du/acre Maximum FAR 0.35 NON-RESIDENTIAL DESIGNATIONS Neighborhood Commercial (NC) C-N Range of neighborhood supportive retail and service-oriented land uses, including markets, restaurants, and similar uses to serve walk-in traffic. FAR up to 1.0 General Commercial (GC) C-C Variety of "big box" and "large format" retailers in commercial shopping centers that serve adjacent neighborhoods. FAR up to 0.75 Employment District (ED) Not within City Limits Employment uses for market- supported light industrial, research and development, creative office and maker space type uses. FAR 0.5 to 1.0 Industrial (I) M Range of industrial uses, including “stand- alone” industrial activities, general and light industrial, research parks, private trade schools, colleges, and business parks. FAR 0.25 to 0.75 156 Item 8. In addition to updating the General Plan, the City’s zoning code must also be amended so it is consistent with the General Plan. There are 1,032 parcels that are affected by the proposed changes in land use and zoning. The majority of the affected parcels are within the proposed Downtown Area Plan. As part of the Downtown Area Plan, the Beaumont Avenue Overlay, Sixth Street Overlay, Commercial Manufacturing (CM) and Commercial General (CG) zone were replaced with more defined zones which will help facilitate meeting the goals of the plan. Elsewhere in the City, the Urban Village Overlay was removed and replaced with the Urban Village Zone and a Transit Oriented Development Overlay was created. The table below summarizes changes to the Zoning Code. MIXED-USE DESIGNATIONS Downtown Mixed Use (DMX) See Chapter 11 Mixed-use buildings with active ground floor retail uses, upper level professional office, service activities in conjunction with multifamily residential uses and live/work units. 0-22 du/acre; FAR up to 0.5 Urban Village (UV) UV Variety of specialized land uses, including a regional serving commercial, higher density residential development, educational uses and abundant open space and recreation amenities. 12-24 du/acre; FAR up to 1.0 Transit Oriented District Overlay (TOD Overlay) TOD Overlay Residential and supportive employment and commercial uses near the future transit station. 18-30 du/acre; FAR up to 1.0 OTHER/ PUBLIC DESIGNATIONS Public Facilities (PF) PF Public and/or civic use, including Civic Center, city yard, libraries, and K-12 public schools. FAR up to 1.0 Open Space (OS) R-C Passive and active parks, trails, golf courses, community centers, supportive maintenance sheds, etc. n/a 157 Item 8. Modifications to Existing Zones Current Zone Proposed Zone Notes Commercial General (CG Zone) Commercial Neighborhood (CN Zone) Name change more accurately reflects purpose and intent of zone Urban Village Overlay Urban Village Zone Changed from an overlay to a base zone because functions as a base zone New Zones Current Zone Proposed Zone Notes N/A Residential, Traditional Neighborhood (R-TN Zone) Implements TN General Plan Land Use Designation N/A Transit Oriented District Overlay (TOD Overlay) Implements TOD Overlay General Plan Land Use Designation Eliminated Zones Current Zone Proposed Zone Notes Commercial, Light Manufacturing (CM Zone) N/A Area along West Sixth Street. Addressed and zoned with Neighborhood Commercial Zone 158 Item 8. Beaumont Avenue Overlay N/A Addressed through Downtown Zone District:  Beaumont Mixed Use Zone (BMU Zone) 6th Street Overlay N/A Addressed through Downtown Zone Districts:  Sixth Street Mixed Use Zone (SSMU Zone)  Sixth Street Mixed Use – Residential Zone (SSMU-R Zone)  Downtown Mixed Use (DMU Zone) Mineral Resources Overlay N/A No longer relevant or necessary Community Outreach The community engagement process incorporated a variety of outreach techniques and activities, allowing residents and community members to participate in ways that worked best for them. A website www.elevatebeaumont.com was created as a forum to provide updates, share survey results and make information available to the public. Residents, business owners, and other stakeholders provided feedback to the planning team by participating in a community survey, attending meetings, events and workshops, and contributing comments through social media. A General Plan Advisory Committee (GPAC) was formed with fifteen (15) representatives of the community participating and providing expertise and advice as needed. The planning team used the community’s feedback and guidance to share all aspects of the plan, from creating a vision statement that reflected the aspirations of the community to creating the guiding principles needed to achieve that vision. For a detailed list of outreach events, see Chapter 1 of the General Plan Update (pages 25 through 27). Public Communication September 21, 2020, City staff mailed 1,032 letters to property owners advising that a change of zone associated with the General Plan Update is being c onsidered on their property. As of October 29, 2020, City staff has received written and email correspondence from twenty-four (24) individual property owners and telephone calls from fifty-eight (58) individual property owners. City staff has kept a record of all correspondence received, saving written and email correspondence electronically and creating a spreadsheet to log details about each phone call. 159 Item 8. As a result of the public communication, City staff received nine (9) requests to either retain the existing zoning on a parcel or provide a different zoning option. City staff has summarized these requests and provided recommendations . City staff will be prepared to discuss these recommendations which are outlined in Attachment E. Environmental Review A Program Environmental Impact Report (PEIR) was prepared for the 2040 General Plan Update. This process is governed by the California Environmental Quality Act (CEQA). The CEQA process requires a series of steps involving public notices, receiving public input, public meetings and responding to public comments, all culminating with a final PEIR. The draft PEIR was released for the required 45-day public review and comment period on September 8, 2020. The formal review and comment period ended October 22, 2020. The final PEIR for the 2040 General Plan consists of the draft PEIR coupled with a response to comments section, a list of modifications to the text of the draft EIR based on comments received (referred to in the final PEIR as the “Errata”, and a mitigation monitoring and reporting program (MMRP)). The final PEIR is included as Attachment F. Statement of Overriding Considerations CEQA allows lead agencies to approve projects despite having significant and unavoidable impacts by adopting a statement of overriding considerations. A statement of overriding considerations documents the reasons why an agency chose to approve a project despite its significant and unavoidable impacts based on range of balancing factors, including economic, legal, social, technological, or other benefits conveyed by the project. City staff is recommending adoption of a statement of overriding considerations for the 2040 General Plan and its implementing actions. In this instance, the economic, social, and other benefits of the General Plan implementation collectively outweigh the significant and unavoidable impacts noted above. Such benefits include the implementation of policies and programs preserving and enhancing community character, increasing community sustainability, providing high-quality and diverse housing opportunities, increasing economic vitality via new job and business creation, supporting technological advancements, and maintaining compliance with current law addressing the content of general plans. Acceptance of the noted significant and unavoidable impacts does not mean the City will forego efforts to mitigate the impacts to 160 Item 8. the extent feasible. In addition, future projects will be subject to discretionary review procedures through which the City will consider project specific environmental impacts. As these reviews occur, decision makers will be updated on the status of applicable mitigation measures when making decisions on such projects. The implementation of the Beaumont General Plan will result in significant and unavoidable impacts in four (4) areas:  Air Quality,  Greenhouse Gas (GHG),  Noise, and  Transportation. Air Quality Beaumont is within the South Coast Air Basin. Air Quality in the basin is already significantly impacted and even without any new projects, air quality issues are beyond mitigation. The impact to air quality as a result of General Plan implementation falls into two (2) categories: Operational Emissions Impacts which are project specific and cumulative; and Localized Criteria Pollutant and Toxic Air Contaminants (TAC) Impacts which are related to increased density and proximity of residential land uses to transit and commercial centers. Greenhouse Gas The impact to greenhouse gas emissions are project specific and cumulative. They are attributed to ongoing operational impacts of potential future businesses. The threshold for GHG would exceed established ratios thresholds. Noise The noise impacts are also project specific and cumulative. They are attributed to ongoing operational impacts of potential future businesses as well as the location of sensitive receptors in relationship to noise generating activities. Noise standards would be exceeded at noise sensitive receptors at 25 of 27 roadway segments studied. Transportation CEQA Guidelines recently changed requiring a change in the threshold of significance from Level of Service (LOS) to Vehicle Miles Traveled (VMT). Although the General Plan is retaining LOS as a means for ensuring traffic issues throughout the City can continue to be addressed, LOS is no longer the significance threshold for CEQA purposes. Thus, the analysis for the draft PEIR was conduct ed utilizing VMT. As a result 161 Item 8. of this analysis, the VMT target of 23.7 per service population will be exceeded by about 25%. This is due mostly to the City of Beaumont having a heavily commuter population and the City has no access to high quality transit (as defined by the State). Additionally, the City is required to provide for housing in compliance with State housing directives such as the Regional Housing Needs Assessment (RHNA). Adding housing without having any high-quality transit results in more vehicle miles traveled to and from the City. Mitigation Monitoring and Reporting Program With the exception of the items identified in the Statement of Overriding Considerations, any impacts that can be mitigated below a level of significance have mitigation measures identified to achieve this goal. The mitigation monitoring program is included with the final EIR and provided as Attachment F. Fiscal Impact: The General Plan Update is Capital Improvement Project 2016-004 in the amount of $840,129. Recommended Action: Hold a Public Hearing, take testimony and continue the public hearing to the November 17, 2020, Council Meeting. Attachments: A. General Plan Update Presentation B. General Plan Update C. General Plan Update Errata D. Zoning Code Amendments E. Findings of Fact and Statement of Overriding Considerations F. Final Program Environmental Impact Report 162 Item 8. GENERAL PLAN UPDATE City Council November 3, 2020 163 Item 8. ■Raimi + Associates –Simran Malhotra, Principal –Monica Guerra, Senior Planner ■Fehr & Peers –Jason Pack, Principal ■Lisa Wise Consultants –Jennifer Murillo, Senior Associate ■WEBB Consultants –Stephanie Standerfer, Vice President –Cheryl DeGano, Principal Environmental Analyst ■Rincon Consultants CONSULTANT TEAM 164 Item 8. ■Project Overview ■Summary of Engagement ■Review of Draft General Plan ■Zoning Ordinance + Map ■Environmental Impact Report ■Questions? TODAY’s PRESENTATION 165 Item 8. PROJECT OVERVIEW 166 Item 8. The General Plan sets a road map for the future of Beaumont. It is a policy document and forms the foundation for all city ordinances and guidelines. 167 Item 8. General Plan Process Existing Conditions (Spring 2017) Visioning (Fall 2017) Plan Alternatives (Winter 2018) Policy Framework (Spring 2019) Draft General Plan + EIR (Fall 2020) Final General Plan (Winter 2020) COMMUNITY ENGAGEMENT WE ARE HERE! •Cherry Festival •Community Workshop •Community Survey •Visual Preference Survey •Task Force •Community Character Survey •Youth Group •Task Force •Alternatives Survey •Economic Development Commission •Stakeholder Interviews •Public Comment (via mail or email) •City Council presentation •Planning Commission 168 Item 8. ENGAGEMENT 169 Item 8. Community surveys ■Community Survey Issues + Opportunities): 564 Responses ■Visual Preference Survey: 854 Responses ■Community Character Survey: 678 Responses ■Preferred Alternative: 733 Responses 170 Item 8. OTHER OUTREACH ■Stakeholder Interviews (12) ■Community Workshop (1) ■Newsletters (3) ■Taskforce Meetings (3) ■Focus Groups (2) ■Youth ■Economic Development Commission ■Mailing list (~280 subscribers) ■Website ■Updates to Planning Commission + City Council 171 Item 8. 172 Item 8. GUIDING PRINCIPLES ■Transparent, honest government ■Responsible, measured growth ■Living within our financial + resource means ■Close ties with our neighbors ■Small-town atmosphere ■Quality of life provided by efficient infrastructure and multi-modal transportation ■Health + safety ■The beautiful environment of the pass area 173 Item 8. CHAPTERS ■Land Use + Community Design ■Mobility ■Economic Development + Fiscal ■Health + Environmental ■Community Facilities + Infrastructure ■Conservation + Open Space ■Safety ■Noise ■Downtown Area Plan ■Implementation 174 Item 8. LAND USE 175 Item 8. PLAN PRIORITIES ■Create a vibrant downtown ■Pursue an infill strategy ■Improve retail corridors ■Expand housing choices ■Protect the city’s historic resources ■Expand and enhance employment opportunities ■Improve fiscal performance of the City ■Improve infrastructure and keep pace with development ■Improve health outcomes ■Create a diverse and extensive open space network ■Enhance opportunities for tourism ■Ensure high level of public safety 176 Item 8. LAND USE CHANGE ■Most undeveloped land within the City limits is already entitled for development ■Areas in downtown will experience the most change ■Strategic focus: –Preserving existing neighborhoods –Creating additional jobs –Expanding housing choices ■Preparing for potential development in sphere of influence (south of City limits) 177 Item 8. 178 Item 8. LAND USE DESIGNATIONS 179 Item 8. Rural Residential Rural Residential 40 (RR40):Single family detached homes on 40 acre lots in a rural mountainous setting Rural Residential 10 (RR10): Single family detached homes on 10 acre lots in a rural setting Rural Residential 1 (RR1): Single family detached homes on 1 acre lots in a hillside setting 180 Item 8. residential Single Family Residential (SFR): Single- family residential (attached or detached). High Density Residential (HDR): Multi-family housing (townhomes, condominiums, apartments, etc.) near transit, commercial, civic and recreational uses 181 Item 8. Traditional neighborhood (TN) Traditional Neighborhood (TN)*: Single- family detached houses and small-scale multi-family housing (such as duplexes, garden apartments and rowhouses) *New Designation 182 Item 8. commercial Neighborhood Commercial (NC): Range of neighborhood supportive retail and service-oriented land uses, including markets, restaurants, and similar uses to serve walk-in traffic. General Commercial (GC): Variety of "big box" and "large format" retailers in commercial shopping centers that serve adjacent neighborhoods. 183 Item 8. Employment + INDUSTRIAL Employment District* (ED): Employment uses for market-supported light industrial, research and development, creative office and maker space type uses. Includes retail, service and other supportive uses. Industrial (I): Range of industrial uses, including “stand-alone” industrial activities, general industrial, light industrial, research parks, private trade schools, colleges, and business parks. *New Designation 184 Item 8. mixed use Downtown Mixed Use (DMX)*: Mixed- use buildings with active ground floor retail uses, upper level professional office, service activities in conjunction with multi-family residential uses and live/work units. Urban Village (UV)*: Variety of specialized land uses, including a regional serving commercial, higher density residential development, educational uses and abundant open space and recreation amenities. *New Designation 185 Item 8. Transit oriented district overlay Transit Oriented District Overlay* (TOD Overlay): Residential and supportive employment and commercial uses near the future Metrolink transit station. *New Designation 186 Item 8. Public facilities + OPEN SPACE Public Facilities (PF): Public and/or civic use, including Civic Center, city yard, libraries, and K-12 public schools. Open Space (OS): Passive and active parks, trails, golf courses, public community centers, supportive maintenance sheds, etc. 187 Item 8. MOBILITY 188 Item 8. State Regulations AB 1558 Complete Streets Requires cities to plan for all modes of transportation where appropriate, including walking, biking, car travel, and transit. In addition, the act requires circulation elements to consider the multiple users of the transportation system, including children, adults, seniors, and the disabled SB 743 General CEQA Reform, VMT Shift from measuring auto delay (Level-of-Service) to vehicle miles traveled (VMT) Aims to balance the needs of congestion management infill development, public health, and greenhouse gas reductions 189 Item 8. Complete Streets –Layered Network ■Mobility Element utilizes a layered networks approach to provide a balanced mobility system ■Complete Streets are designed to enable safe access for users of all ages and all modes of transportation ■Travel modes were prioritized along certain streets based on: –Surrounding land use –Roadway classification –Street typology 190 Item 8. Increase Connectivity 191 Item 8. Auto-Priority Streets 192 Item 8. Bike/Ped Priority 193 Item 8. Transit Priority 194 Item 8. Goods Movement –Truck Priority 195 Item 8. Consolidated Classifications Map 196 Item 8. Vehicle Accessibility & Travel Models 197 Item 8. DOWNTOWN AREA PLAN 198 Item 8. Downtown VISION ■Focused interventions in area along Sixth Street and Beaumont Avenue ■Defining the City’s center: –Civic anchor –Walkable, active, and pedestrian- oriented –Retail and entertainment –Mixed residential uses 199 Item 8. Downtown AREA plan 200 Item 8. DOWNTOWN districts 201 Item 8. SIXTH STREET 202 Item 8. SIXTH STREET 203 Item 8. BEAUMONT AVENUE 204 Item 8. HEALTH + ENVIRONMENTAL JUSTICE 205 Item 8. HIGH PRIORITY ACTIONS ■Health Resources Inventory. Develop an inventory of health resources in the City in cooperation with the RUHS-PH. ■Joint Use of Community Facilities. Create a formal shared use agreement with the Beaumont Unified School District where the public and organizations (such as youth and adult intramural leagues) can access school fields/property after normal school hour ■Vision Zero Policies. Adopt and implement a Vision Zero program that reduces vehicle related fatalities to zero. 206 Item 8. COMMUNITY FACILITIES + INFRASTRACTURE 207 Item 8. HIGH PRIORITY ACTIONS ■Zoning and Implementation Ordinances. Update zoning and building codes to enable innovative sustainability measures such as: –Greywater capture and reuse systems –Wind generation on residential and commercial buildings –Electric vehicle infrastructure requirements –Green building performance standards ■Debris Recycling Ordinance. Create a construction and demolition debris recycling ordinance to support the diversion of recyclable and recoverable materials. Work with local partners to conduct outreach targeting waste generators. ■School District Planning. Work in partnership with Beaumont Unified School District to promote collaborative planning efforts, including analysis of future student impacts, joint use opportunities, and arts and culture programming.208 Item 8. CONSERVATION + OPEN SPACE 209 Item 8. HIGH PRIORITY ACTIONS ■Green Building Design. Update the Municipal Code to identify and prioritize green building design features that mitigate the impacts of climate change. ■Climate Adaptation Plan. Develop a Climate Adaptation Plan to identify the City’s most significant potential climate change risks. Include a vulnerability assessment, adaptation strategy, and plan maintenance. ■Advanced and Green Industry Workforce Training. Coordinate with local, regional, and state entities to identify or create training and placement programs in advances and green industries, including advanced manufacturing, green building, and sustainable industries (e.g. renewable energy industries, water treatment, and wastewater management). 210 Item 8. SAFETY 211 Item 8. HIGH PRIORITY ACTIONS ■Police Department Staffing Ratio. Wo rk with the police department to establish resource needs to sustain minimum staffing levels. ■Community Risk Assessment. Conduct a community risk assessment to identify critical facilities and community assets. ■Fire Hazard Risk Assessment. Inventory all buildings, assigning risk level for all wildfire hazards in the City and developing regulations for each level to minimize wildfire risk. ■California Building Codes. Adopt the latest version of the California Building Code (CCR Title 24, published triennially) when released. 212 Item 8. NOISE 213 Item 8. HIGH PRIORITY ACTIONS ■Update the City’s Noise Ordinance. Provide development standards and project design guidelines that include a variety of mitigation measures that can be applied to meet City standards for projects exceeding the City’s noise standards. ■Project Design Guidelines. Integrate project design guidelines that integrate features into new developments that minimize impacts associated with the operation of air conditioning and heating equipment, on-site traffic, and use of parking, loading, and trash storage facilities. ■Construction Noise Limits. Review the hours of allowed construction activity to ensure they effectively lead to compliance within the limits (maximum noise levels, hours and days of allowed activity) established in the City’s noise regulations. 214 Item 8. ECONOMIC DEVELOPMENT + FISCAL 215 Item 8. ■Streamline Permit Review. Create a “One Stop Permitting” process to streamline the permit review process that facilitates business attraction, retention, and expansion of projects. ■Online Site Inventory. Create and maintain an online inventory of shovel-ready sites and provide individualized site selection assistance to expanding and new businesses. ■Retail Recruitment Strategy. Create and implement a retail recruitment strategy that utilizes direct communications with targeted retailers to reverse sales tax leakage in key sectors, such as dining, entertainment, and specialty retail. HIGH PRIORITY ACTIONS 216 Item 8. ZONING ORDINANCE + MAP 217 Item 8. ZONING ORDINANCE ■Zoning Ordinance:establishes zoning districts that govern the use of land, indicates standards for structures and improvements that are permitted, and establishes procedures for the granting of permits and entitlements. ■Zoning Map:shows boundaries of the zoning districts applicable to specific properties within the City. 218 Item 8. KEY CHANGES ■State law requires consistency between zoning map and zoning code. Zoning language and maps were changed to ensure: –Better integration of land use and transportation infrastructure –Walkable, multi-modal streets –Establishment of retail, business and employment centers –Neighborhood commercial uses –Discourage incompatible land uses (e.g., sensitive land uses near air pollution sources) –Preservation of open spaces, greenbelts, and habitat 219 Item 8. ■While the General Plan sets the community’s long-term vision, the Zoning Code dictates how land can be used to achieve that vision ■Focused Zoning Code amendments are proposed to implement the updated General Plan’s policies and programs ■No change to overall Zoning Code organization or structure Zoning Code Amendments 220 Item 8. Zoning Code Amendments -Zones ■Standards and allowed uses updated to reflect those in General Plan (e.g., lot size, density, FAR, lot coverage, height, etc.) ■Standards for pedestrian connectivity; building placement, modulation, and transparency; and others added to appropriate zones 221 Item 8. Modifications to Existing Zones Current Zone Proposed Zone Notes Commercial General (CG Zone) Commercial Neighborhood (CN Zone)Name change more accurately reflects purpose and intent of zone Urban Village Overlay Urban Village Zone Changed from an overlay to a base zone because functions as a base zone New Zones Current Zone Proposed Zone Notes N/A Residential, Traditional Neighborhood (R-TN Zone)Implements TN General Plan Land Use Designation N/A Transit Oriented District Overlay (TOD Overlay)Implements TOD Overlay General Plan Land Use Designation Eliminated Zones Current Zone Proposed Zone Notes Commercial, Light Manufacturing (CM Zone) N/A Area along West Sixth Street. Addressed and zoned with Neighborhood Commercial Zone. Beaumont Avenue Overlay N/A Addressed through Downtown Zone District: •Beaumont Mixed Use Zone (BMU Zone) 6th Street Overlay N/A Addressed through Downtown Zone Districts: •Sixth Street Mixed Use Zone (SSMU Zone) •Sixth Street Mixed Use –Residential Zone (SSMU-R Zone) •Downtown Mixed Use (DMU Zone) Mineral Resources Overlay N/A No longer relevant or necessary 222 Item 8. ■Certificates of Appropriateness to address historic resource protection ■Temporary uses addressed through administrative site plan review ■Minor modification of standards expanded (i.e., solar energy systems, parking, and open space requirement) Zoning Code Amendments - Procedures 223 Item 8. PUBLIC COMMENTS 224 Item 8. PUBLIC COMMENTS ■Emphasize the role technology will play in shaping the landscape for future development initiatives. Essential elements include Connectivity, Wi-Fi hotspots, relay towers, etc. ■Protect the 9,000 plus acre Potrero Unit of the San Jacinto Wildlife Area in the General Plan ■Concern about adding development in the areas along Hwy 79 in the SOI will cause additional traffic problems. ■Good to have a plan for Downtown ■Concern about new warehouses and new housing in the city impacting its ‘small town character” 225 Item 8. Notifications ■1,032 letters sent –~20 written comments received –50+ phone calls received ■Key Themes –Most queries about how the change would affect their property –Several requests for zone changes 226 Item 8. ZONING CHANGE REQUESTS APN EXISTING ZONING PROPOSED ZONING OWNER REQUEST STAFF RECOMMENDATION 418 -051 -009 RMF DMU Retain RMF, as SFR will be non-conforming NO. The proposed zoning is DMU, allows multifamily, no change 419 -180-002-9 419 -180-003-0 419 -180-023-8 419 -180-024 -9 419 -180-027 -2 Local Commercial Change to SSMU to allow for more flexibility and be consistent with zoning across the street YES. Staff recommends making the change 418 -093-009 to 418-093-013 DMU Clarify non-conforming provisions for changing driveway configurations YES. Staff recommends making the clarification 227 Item 8. ZONING CHANGE REQUESTS OWNER REQUEST STAFF RECOMMENDATION Change to SSMU to allow for more flexibility and be consistent with zoning across the street YES. Staff recommends making the change to the zoning and GP maps EXISTING ZONING –CG PROPOSED ZONING -LC 228 Item 8. ZONING CHANGE REQUESTS OWNER REQUEST STAFF RECOMMENDATION Clarify non-conforming provisions for changing driveway configurations YES. Staff recommends making the clarification 229 Item 8. ZONING CHANGE REQUESTS APN EXISTING ZONING PROPOSED ZONING OWNER REQUEST STAFF RECOMMENDATION 415 -333-007 to 415-333-009 415 -333-010 to 415 -333-012 418 -072 -013 418 -072 -008 to 415-072 -012 BAO BMU/RSF Retain BAO NO. BAO is eliminated, these properties are residential and should remain as such to be consistent with surrounding uses along Magnolia and Euclid Avenues 230 Item 8. OWNER REQUEST STAFF RECOMMENDATION Retain BAO NO. BAO is eliminated. Properties along Beaumont Avenue allow a mix of uses. The properties fronting Euclid and Magnolia Avenues are residential and should remain as such to be consistent with surrounding uses along these streets EXISTING ZONING –BAO PROPOSED ZONING -RSF EXISTING ZONING –BAO PROPOSED ZONING -RSF EXISTING ZONING –BAO PROPOSED ZONING -BMU ZONING CHANGE REQUESTS 231 Item 8. ZONING CHANGE REQUESTS APN EXISTING ZONING PROPOSED ZONING OWNER REQUEST STAFF RECOMMENDATION 414 -120-006 CG w/ UVO UV Allow RV storage NO. Staff recommends UV zone 418 -091 -017 Commercial Manufacturing (CM) DMU Wants to retain CM zoning NO. Staff recommends DMU since CM is being eliminated & most properties in that area are not conducive to commercial or manufacturing uses without lot consolidations 232 Item 8. OWNER REQUEST STAFF RECOMMENDATION Allow RV dealership/repair NO. Staff recommends UV zone EXISTING ZONING –CG with UVO PROPOSED ZONING -UV ZONING CHANGE REQUESTS 233 Item 8. OWNER REQUEST STAFF RECOMMENDATION Wants to retain CM zoning NO. Staff recommends DMU since CM is being eliminated & most properties in that area are not conducive to commercial or manufacturing uses without lot consolidations EXISTING ZONING –CM PROPOSED ZONING - DMU ZONING CHANGE REQUESTS 234 Item 8. ZONING CHANGE REQUESTS APN EXISTING ZONING PROPOSED ZONING OWNER REQUEST STAFF RECOMMENDATION 417 -110 -007 417 -110 -013 Industrial (M) Rural Residential (RR) TN Retain Industrial (M) zone & Manufacturing GP designation; Change designation for south parcel to Industrial (M) zone & Manufacturing GP designation YES. Would be compatible with surrounding and avoid creating non- conforming uses 417 -170 -006 to 417-170 -008 417 -190-005 424 -080-007 Industrial (M)RSF Retain Industrial (M) zone & Manufacturing GP designation YES. Would be compatible with surrounding and avoid creating non- conforming uses Industrial (M)RSF Wants to retain M zoning YES. Would be compatible with surrounding and avoid creating non- conforming uses 235 Item 8. CURRENT ZONING PROPOSED ZONING EXISTING ZONING –M/RR PROPOSED ZONING -TN 236 Item 8. EXISTING ZONING –M/RR PROPOSED ZONING -TN EXISTING ZONING – M PROPOSED ZONING -RSF OWNER REQUEST STAFF RECOMMENDATION Retain Industrial (M) zone & Manufacturing GP designation YES. Would be compatible with surrounding and avoid creating non-conforming uses Retain Industrial (M) zone & Manufacturing GP designation YES. Would be compatible with surrounding and avoid creating non-conforming uses Retain Industrial (M) zone & Manufacturing GP designation YES. Would be compatible with surrounding and avoid creating non-conforming uses Change RR to M designation ZONING CHANGE REQUESTS 237 Item 8. EIR 238 Item 8. Public/ Agency Input Public/ Agency Input Public Hearing ■Publish Notice of Preparation of Draft Program Environmental Impact Report (PEIR) –30-day public review period: March 9 –April 9, 2018 –Scoping Meeting: March 13, 2018 (Public Input) ■Prepare and Publish PEIR –45-day public review period: Sep 8 –Oct 22, 2020 ■Prepare and Publish Final PEIR with Responses to Comments ■Present the Final PEIR to the City Council for Certification CEQA PROCESS WE ARE HERE! 239 Item 8. DRAFT PEIR RESULTS ■A Statement of Overriding Considerations has been prepared for the significant and unavoidable impacts Significance Determination Environmental Issue Less than Significant Aesthetics, Cultural Resources, Energy, Geology and Soils, Hazards and Hazardous Materials, Land Use, Mineral Resources, Population and Housing, Public Services, Recreation, Tribal Cultural Resources, Utilities and Services Systems, Wildfire Less than Significant with Mitigation Agriculture and Forestry Resources, Biological Resources Significant and Unavoidable Air Quality, Greenhouse Gas Emissions, Noise, Traffic 240 Item 8. DRAFT PEIR PUBLIC REVIEW ■The Draft PEIR comment period closed on October 22, 2020 –By close of public review, the City received comments from two public agencies: ■Riverside County Flood Control and Water Conservation District ■California Department of Fish and Wildlife –To date, the City also received 24 comment letters from individuals, organizations, and tribes ■Nearly all these comments were requesting information or clarification regarding the General Plan or Zoning Map 241 Item 8. FINAL PEIR Contents: –Written comments received and responses –Errata to the Draft PEIR –Mitigation Monitoring and Reporting Program (MMRP) Certification of the Final PEIR –The Final PEIR is under consideration for certification by the City Council 242 Item 8. STAFF RECOMMENDATION 243 Item 8. STAFF RECOMMENDATION Hold a Public Hearing, and take the following actions: 1) Adopt the General Plan Update (Beaumont 2040 Plan) and adopt the revised Zoning Ordinance and Zoning Map; 2) Certify Final PEIR in compliance with CEQA and certify that: a. The Project PEIR has been completed in compliance with the California Environmental Quality Act (CEQA); b. There are no environmentally superior alternatives to the Project that will avoid or substantially lessen the significant environmental effects as identified in the Draft PEIR; and c. Concur with the findings and mitigation measures contained in the PEIR; and d. Adopt a Statement of Overriding Considerations (SOC) prior to certification of the PEIR 244 Item 8. GENERAL PLAN UPDATE City Council November 3, 2020 245 Item 8. BEAUMONT GENERAL PLAN 246 Item 8. CLICK LINK BELOW https://www.beaumontca.gov/DocumentCenter/View/36620/Beaumont-GPU-Public-Draft 247 Item 8. CITY OF BEAUMONT GENERAL PLAN AND ZONING CODE + MAP UPDATE ERRATA October 29, 2020 GENERAL PLAN PAGE NUMBER REFERENCE CHANGE Page 45 Table 3-2 RR1 - Correct # from 438 to 383 Total - Correct # from 40,904 to 40,849 Page 215 Add new policy 8.10.5: City shall require project proponents to hire a CDFW-qualified biologist to monitor for special status species or other wildlife of low or limited mobility, if present, prior to and during all ground- and habitat- disturbing activities to move out of harm’s way special status species or other wildlife of low or limited mobility that would otherwise be injured or killed. Page 215 Renumber 8.10.5 to 8.10.6 Page 244 Policy 9.6.8 Require that developments located in wildland interface areas incorporate and enforce standards for construction, including a fuel modification program (i.e., brush clearance, planting of fire-retardant vegetation) to reduce the threat of wildfires. Add: Fuel modification areas shall be located within the project site and shall be clearly delineated on grading plans. TITLE 17 ZONING CODE Page 265 Table 17.19-1 Correct table column header from RMF to DMF Page 53 Table 17.03-3 Allow produce stands in M zone Note: Please note that additional minor typographic corrections and edits will also be addressed in final documents 248 Item 8. CITY OF BEAUMONT Zoning Code Amendments August 2020 249 Item 8. CLICK LINK BELOW https://www.beaumontca.gov/DocumentCenter/View/36622/Beaumont-Title17-ZCAmendments-Public- Review-Draft-090320-Clean 250 Item 8. Facts, Findings and Statement of Overriding Considerations Regarding the Environmental Effects from the Environmental Impact Report for the Beaumont General Plan 2040 State Clearinghouse No. 2018031022 251 Item 8. 2 Facts, Findings and Statement of Overriding Considerations Regarding the Environmental Effects from the Approval of the Beaumont General Plan 2040 State Clearinghouse No. 2018031022 1.0 STATEMENT OF FACTS AND FINDINGS 1.1 INTRODUCTION The California Environmental Quality Act (CEQA) requires that a Lead Agency issue two sets of findings prior to approving a project that will generate a significant impact on the environment. The Statement of Facts and Findings is the first set of findings where the Lead Agency identifies the significant environmental impacts as identified in the Environmental Impact Report (EIR); presents facts supporting the conclusions reached in the analysis; makes one or more of three findings for each impact; and explains the reasoning behind the agency’s findings. The EIR was prepared by the City acting as Lead Agency pursuant to CEQA. Hereafter, the Notice of Preparation, Notice of Availability, Draft EIR, Technical Studies, Final EIR containing Responses to Comments and textual revisions to the Draft EIR, and the Mitigation Monitoring and Report Program will be referred to collectively herein as the “EIR”. The following Statement of Facts and Findings has been prepared in accordance with the State CEQA Guidelines (14 California Code of Regulations, Section 15091), and California Public Resources Code, Section 21081 (collectively, CEQA). Section 15091 of the State CEQA Guidelines provides that: (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can or should be adopted by such other agency. 252 Item 8. 3 (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. (b) The findings required by subdivision (a) shall be supported by substantial evidence in the record. (c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. (d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. (e) The public agency shall specify the location and custodian of the documents or other materials which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section. Section 15093 of the State CEQA Guidelines further provides: (a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposal project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.” (b) Where the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. This statement of overriding considerations shall be supported by substantial evidence in the record. 253 Item 8. 4 (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. The Statement of Overriding Considerations is the second set of findings. Where a project will cause unavoidable significant environmental impacts, the Lead Agency may still approve a project where its benefits outweigh the adverse impacts. Further, as provided in the Statement of Overriding Considerations, the Lead Agency sets forth specific reasoning by which benefits are balanced against effects, and approves the project. The City of Beaumont (City), serving as the CEQA Lead Agency, finds and declares that the proposed Beaumont General Plan 2040 EIR (State Clearinghouse No. 2018031022) has been completed in compliance with CEQA and the State CEQA Guidelines. The City finds and certifies that the EIR was reviewed and that information contained in the EIR was considered prior to approving the proposed Beaumont General Plan 2040, herein referred to as the “Project”. Having received, reviewed and considered the EIR for the Project, as well as all other information in the record of proceedings on this matter and the Facts, Findings and Statement of Overriding Considerations included in this document are hereby adopted by the City in its capacity as the CEQA Lead Agency. Based upon its review of the EIR, the City finds that the EIR is an adequate assessment of the potentially significant environmental impacts of the proposed Project; represents the independent judgment of the City; and sets forth an adequate range of alternatives to this Project. As further described in the Final EIR document, the Final EIR is composed of the following elements: • Beaumont General Plan 2040 Draft EIR; • Comment Letters Received and Responses to Comments; • Corrections and Changes (Errata) from the Draft EIR to the Final EIR; and • Mitigation Monitoring and Reporting Program. 1.2 CUSTODIAN AND LOCATION OF RECORDS The documents and other materials that constitute the administrative record for the City’s approval of the EIR and actions related to the Project are located at the City of Beaumont, Planning Department, 550 E. 6th Street, Beaumont, CA 92223. The City of Beaumont is the custodian of the Project’s Administrative Record. Copies of the documents and other materials that constitute 254 Item 8. 5 the record of proceedings are, at all relevant times have been, and will be available upon request directed to the City’s Planning Department. 2.0 PROJECT SUMMARY 2.1 INTRODUCTION The City of Beaumont’s (City’s) General Plan (proposed Project or Beaumont 2040 Plan) is intended to be a blueprint for the City’s future. The Beaumont 2040 Plan has been prepared in accordance with State planning law, as provided in California Government Code Section 65300. The Beaumont 2040 Plan is meant to be a framework for guiding planning and development in the City and City’s Sphere of Influence (SOI) for the next approximately 20 years and can be thought of as the blueprint for the City’s growth and development. The Beaumont 2040 Plan is comprehensive both in its geography and subject matter. It addresses the entire territory within the City’s incorporated boundaries, SOI, and a broad spectrum of issues associated with the future buildout of the City. According to California Government Code Section 65302, General Plans are required to cover the following elements or topics: land use, circulation, housing, conservation, open space, noise, air quality, safety, and environmental justice. Jurisdictions may include any other topic that is relevant to planning its future. The City has an adopted Housing Element (2013-2021) that is not a part of this General Plan Update process. The Beaumont 2040 Plan will include the rest of the required topics plus economic development, community/urban design, infrastructure and community facilities, resource management, sustainability, and governance. No Initial Study was prepared for the Project as the City determined that a comprehensive EIR is clearly required for the Project (permissible under State CEQA Guidelines Section 15063[a]), and that the Project has the potential to result in significant environmental effects. 2.2 PROJECT DESCRIPTION The City and City’s SOI (collectively referred to as the “Planning Area”) is located in the northwestern portion of Riverside County (County), and is bounded by the City of Calimesa to the northwest, unincorporated areas of the County to the west, unincorporated County areas (e.g., Cherry Valley) to the north, unincorporated County areas and the City of San Jacinto to the south, and by the City of Beaumont to the east. The Planning Area encompasses approximately 41.51 square miles (26,566 acres). Major transportation routes through the Planning Area include Interstate 10 (I-10), State Route 60 (SR-60), and State Route 79 (SR-79) (see Figure 3-1 – Regional Map). The Planning Area includes land within the existing City limits (approximately 19,381 acres) and within the City’s SOI which includes unincorporated areas outside the current City limits 255 Item 8. 6 (approximately 7,185 acres) (see Figure 3-2 – Project Vicinity). In preparing the Beaumont 2040 Plan and planning for the future of the City, it will be important to closely coordinate with neighboring jurisdictions and regional agencies in order to plan for sustainable community growth. Land uses within the City’s Planning Area may include a combination of undeveloped, developing, and developed properties. At this time, the City is not seeking annexation of land within the SOI into its current jurisdiction. However, new development within the SOI is being contemplated as a part of the Beaumont 2040 Plan as the SOI represents the City’s ultimate future boundary and service area. California Government Code Section 65300 et seq. establishes the obligation of cities and counties to adopt and implement General Plans. The General Plan is a comprehensive and general document that describes plans for the physical development of a city or county and of any land outside its boundaries that in the city’s or county’s judgement, bears relation to its planning. The General Plan is required to address the following mandatory elements: land use, circulation, housing, conservation, open space, noise, air quality, safety, and environmental justice. Jurisdictions may include any other topic that is relevant to planning its future. As previously noted, the City has an adopted Housing Element (2013-2021) that is not a part of this General Plan Update (Beaumont 2040 Plan) process. The Beaumont 2040 Plan will include the rest of the required topics plus economic development, community/urban design, infrastructure and community facilities, resource management, sustainability, and governance. The Beaumont 2040 Plan functions as a guide to the type of community that Beaumont citizens desire, and provides the means by which that desired future can be achieved. The Beaumont 2040 Plan addresses a range of immediate, mid-, and long-term issues with which the community is concerned. The Beaumont 2040 Plan is intended to allow land use and policy determinations to be made within a comprehensive framework that incorporates public health, safety, and "quality of life" considerations in a manner that recognizes resource limitations and the fragility of the community's natural environment. Under State law, the General Plan must serve as the foundation upon which all land use decisions are to be based, and must also be comprehensive, internally consistent, and have a long-term perspective. State law further mandates that the Beaumont 2040 Plan:  Identify land use, circulation, environmental, economic, and social goals and policies for the City and its surrounding planning area (i.e., the City’s sphere of influence) as they relate to future growth and development;  Provide a basis for local government decision-making, including decisions on development approvals and exactions;  Provide citizens the opportunity to participate in the planning and decision-making process of their communities; and  Inform citizens, developers, decision-makers, and other cities and counties of the ground rules that guide development within a particular community. 256 Item 8. 7 Beaumont is a community that values its small-town feel, community heritage, and natural setting. The City is committed to encouraging economically sustainable, balanced growth that respects its long history, while meeting infrastructure needs and protecting the environment. Beaum ont’s community pride and rural mountain setting sets the City apart as a vibrant and healthy community with local access to retail, services, jobs, and recreation. Beaumont 2040 Plan’s vision for the future focuses on the following guiding values and priorities:  Transparent, honest government: The citizens of Beaumont desire and value a customer- oriented government that adapts to digital technology, improves effectiveness, embraces innovation, and encourages everyone to participate in City government. Local leaders and public employees are accountable to the citizens.  Responsible, measured growth: Beaumont values a good balance of homes, jobs, and retail with access to local urban amenities. Beaumont promotes expanded and enhanced opportunities for employment in the City, while ensuring that population growth does not outpace existing infrastructure capacity.  Fiscal responsibility: Beaumont encourages fiscal transparency, responsible growth and effective management of fiscal revenues. Beaumont promotes policies that create a strong environment for job creation, build a strong tax base, and improve the fiscal performance of the City.  Small-town atmosphere: Beaumont values its small-town atmosphere with distinct neighborhoods, historic downtown and connection to the natural environment. Beaumont is an inviting place to live and visit, and a desirable place for families. The citizens have a sense of pride and belonging in their City and close ties with their neighbors. Downtown Beaumont is a vibrant, diverse, active and walkable place in the heart of the City with civic, commercial, entertainment and residential opportunities for all residents in with high- quality streetscape design, community gathering spaces, and buildings that support pedestrian comfort and safety.  Quality of life provided by efficient infrastructure: Beaumont has vibrant neighborhoods that provide retail, entertainment and recreational opportunities within close proximity. Beaumont encourages policies that create a multi-modal transportation network that enhances neighborhood connectivity and provides opportunities for active transportation and complete streets. New pedestrian and bicycle connections and programs will make it easier, more comfortable, and safer for residents, workers, and visitors to meet their daily needs and access regional destinations, and adjacent communities. Beaumont supports the improvement of infrastructure systems that keep pace with development.  Health and safety: Beaumont endorses access to a healthy lifestyle for people of all ages by developing a complete city with a wide range of open space and recreation opportunities and walkable environments that are clean, safe, and kid friendly. Beaumont fosters safe neighborhoods through good community and environmental design policies that promote a mix of uses and active streets. 257 Item 8. 8  Beautiful environment of the Pass Area:1 The citizens of Beaumont value the natural environment of the City and its surroundings. Beaumont promotes policies that encourage access to these resources for all citizens, enhances opportunities for tourism, and stewards these natural resources and habitat areas. A diverse and extensive open space network with parks and trails within the City and to the surrounding Pass Area enhances access for residents and visitors alike. The Beaumont 2040 Plan identifies major strategies and physical improvements for the City over the next approximately 20 years. These strategies include revitalizing Sixth Street into a “downtown” for the City, transforming Beaumont Avenue and Sixth Street into mixed use corridors, diversifying housing choices in the City with new affordable and market-rate single family homes and multi-family housing, expanding the jobs base, including development of an employment district and mixed uses along SR-79 in the southern portion of the City. Strategies will also support neighborhood enhancement, connectivity, and sustainable development practices on lands located immediately to the southwest of the City. Transit-oriented development is also contemplated in the area around the potential location of a Metrolink transit station at Pennsylvania Avenue and First Street. To achieve this direction, the City will also need to ensure balanced growth and preservation of the community’s history and identity, open space, and development of a multimodal transportation system. 2.3 PROJECT GOALS AND OBJECTIVES Per Section 15124 (b) of the CEQA Guidelines, an EIR needs to include a statement of the objectives of a project which help the City develop a reasonable range of alternatives. The objectives need to outline the general purpose of the Project. The City’s objectives for each of the Project’s major components are described below: Beaumont 2040 Plan  Create a vibrant downtown to reduce vacancies and promote mix of active uses and a variety of retail and housing. Develop downtown with human scale design that supports and improves the pedestrian experience, including multi-modal streets.  Pursue an infill strategy to foster compact development patterns, create walkable communities and preserve the natural environment and critical environmental areas. Within the SOI, limit future development to areas immediately adjacent to existing development and along current and new transportation corridors. 1 The Pass Area refers to the area bounded by the San Jacinto Mountains to the south and the San Bernardino Mountains to the north. The unincorporated communities of Beaumont Bench (north of the City of Beaumont), Cherry Valley (north of the City’s SOI), Cabazon, east of the City of Beaumont), the Morongo Indian Reservation, and the incorporated cities of Beaumont, Beaumont, and Calimesa are located within the Pass Area.) 258 Item 8. 9  Improve retail corridors, to enhance development and redevelopment in the City’s retail corridors, diversify housing types, encourage mixed-use centers, and foster opportunities for economic growth.  Expand housing choices to provide a diverse housing inventory to meet the changing needs of the Planning Area, which includes more affordable housing options.  Protect the City’s historic resources. to preserve and enhance the City’s rich cultural and historic assets.  Expand and enhance employment opportunities to diversify the City’s job base, promote future growth and economic development in the SOI, and achieve a better balance between jobs and households in the Planning Area.  Improve fiscal performance of the City to stabilize the City’s fiscal health.  Improve infrastructure and keep pace with development, to enhance the quality of life for the City’s residents and the City’s fiscal health by linking land use, transportation, and infrastructure development.  Improve health outcomes, to improve the health of the community by supporting active transportation, access to healthy food, park, healthcare (including mental healthcare), preventative care and fitness, and economic opportunities.  Create a diverse and extensive open space network to maintain the views of the mountains and provide connectivity between residential neighborhoods and open space resources that provide opportunities for active and passive recreation.  Enhance opportunities for tourism to create a unique identity for tourism to transform Beaumont into a regional destination.  Ensure high level of public safety to protect the personal safety and welfare of people who live, work, and visit Beaumont from crime, pollution, disasters, and other threats and emergencies. Revised Zoning Ordinance and Zoning Map  Update Zoning Ordinance text and Zoning map to reflect new land use policies contained in the Beaumont 2040 Plan 2.4 REQUIRED DISCRETIONARY ACTIONS AND PERMITS The EIR serves as an informational document for use by public agencies, the general public, and decision makers. The EIR discusses the impacts of development pursuant to the proposed Project and related components and analyzes Project alternatives. The EIR will be used by the City of Beaumont and responsible agencies in assessing impacts of the proposed Project. The following list specifies non-exhaustively and non-exclusively the approvals necessary for the proposed Project. The City Planning Commission and City Council (the City Council is the final 259 Item 8. 10 approving authority) will review the Beaumont 2040 Plan and its PEIR and supporting documents to consider whether or not to take the following actions:  Certification of a PEIR.  Approval of the EIR Findings,  Adoption of a Mitigation, Monitoring, and Reporting Program in conjunction with the PEIR,  Adoption of the General Plan Update (Beaumont 2040 Plan), and  Adoption of the revised Zoning Ordinance and Zoning Map. Additionally, subsequent development projects may also require review and approval by various departments or agencies outside of the City, including but not limited to those listed below. It should be noted that the following actions are associated with the future development of the City as it builds out pursuant to the Beaumont 2040 Plan. That is, actions of the types listed here would occur whether or not the proposed Project was approved. And, as such, these actions are listed as general items and are not directly associated with the Beaumont 2040 Plan.  Future development affecting Waters of the U.S. or adjacent wetlands would need to fill out a permit from the U.S. Army Corps of Engineers issued pursuant to Section 404 of the Federal Clean Water Act (CWA).  Prior to obtaining a CWA Section 404 permit, a future development may also need to obtain a water quality certification or waiver from the Regional Water Quality Control Board pursuant to Section 401 of the Federal CWA.  Future development affecting native habitat within a streambed may need a Streambed/Bank Alteration Agreement issued by the California Department of Fish and Wildlife pursuant to Section 1600 et seq. of the California Fish and Game Code.  Future development, as such industrial uses for example, may need air quality operating permits for boilers or other large combustion-based equipment from the Southern California Air Quality Management District (SCAQMD).  Future development will be required to submit a fugitive dust control plan to the SCAQMD for approval prior to issuance of grading permits (SCAQMD Rule 403).  Future development within or altering a 100-year floodplain or other FEMA-mapped flood hazard area would need to obtain a Letter of Map Revision (LOMR), Conditional Letter of Map Revision (CLOMR) or Conditional Letter of Map Revision Based on Fill (CLOMR- F) that describes the effect that the proposed project or fill would have on the National Flood Insurance Program map.  Future development, such as industrial or medical, for example may need hazardous material handling, use, storage, and/or disposal permit(s) from the appropriate local, regional, state, or federal agency. 260 Item 8. 11  National Pollutant Discharge Elimination System (NPDES) Construction General Permits will be required for grading activities of 1 acre or larger. The developer must file a Notice of Intent with the Regional Water Quality Control Board (RWQCB) and obtain a General Construction Activity Stormwater Permit pursuant to the NPDES regulations established under the CWA. This permit requires preparation and implementation of a Stormwater Pullulation Prevention Plan, which is intended to prevent degradation of surface and groundwaters during the grading and construction process. 3.0 INDEPENDENT JUDGMENT AND FINDING Albert A. Webb Associates was retained by the City to prepare the EIR. Albert A. Webb Associates prepared the EIR under the supervision, direction and review of the City planning staff. Finding: The EIR for the Project reflects the City’s independent judgment. The City has exercised independent judgment in accordance with Public Resources Code Section 21082.1(c)(3) in directing the consultant in the preparation of the EIR, as well as reviewing, analyzing and revising material prepared by the consultant. 3.1 GENERAL FINDING ON MITIGATION MEASURES In preparing the Approvals for this Project as defined in this document in Section 2.4 – Required Discretionary Actions and Permits, City staff incorporated the mitigation measures recommended in the EIR as applicable to the Project. In the event that the Approvals do not use the exact wording of the mitigation measures recommended in the EIR, in each such instance, the adopted Approvals are intended to be identical or substantially similar to the recommended mitigation measure. Any minor revisions were made for the purpose of improving clarity or to better define the intended purpose. Finding: Unless specifically stated to the contrary in these findings, it is this City Council’s intent to adopt all mitigation measures recommended by the EIR which are applicable to the Project. If a measure has, through error, been omitted from the Approvals or from these Findings, and that measure is not specifically reflected in these Findings, that measure shall be deemed to be adopted pursuant to this paragraph. In addition, unless specifically stated to the contrary in these Findings, all Approvals repeating or rewording mitigation measures recommended in the EIR are intended to be substantially similar to the mitigation measures recommended in the EIR and are found to be equally effective in avoiding or lessening the identified environmental impact. In each instance, the Approvals contain the final wording for the mitigation measures. 261 Item 8. 12 4.0 ENVIRONMENTAL IMPACTS AND FINDINGS As discussed in more detail below, these Facts, Findings and Statement of Overriding Considerations are intended to meet the requirements of CEQA Guidelines Sections 15091 and 15093. City staff reports, the EIR, written and oral testimony at public meetings or hearings, these Facts, Findings and Statement of Overriding Considerations, and other information in the administrative record, serve as the basis for the City’s environmental determination. Detailed analysis of potentially significant environmental impacts and proposed mitigation measures for the Project is presented in Section 5.0 of the Draft EIR. The EIR evaluated the following 20 major environmental categories for potential impacts:  Aesthetics  Land Use and Planning  Agriculture and Forestry Resources  Mineral Resources  Air Quality  Noise  Biological Resources  Population and Housing  Cultural Resources  Public Services  Geology and Soils  Recreation  Greenhouse Gas  Transportation and Traffic  Hazards and Hazardous Materials  Tribal Cultural Resources  Hydrology and Water Quality  Utilities and Service Systems  Energy  Wildfire Both Project-specific and cumulative impacts were evaluated. After considering the 20 major environmental categories, this City Council concurs with the conclusions in the EIR that the issues and sub issues discussed below can be mitigated below a level of significance. For the remaining potential environmental impacts that cannot feasibly be mitigated below a level of significance discussed in Section 5.0, overriding considerations exist which make these potential impacts acceptable to this City Council. 4.1 POTENTIALLY SIGNIFICANT IMPACTS WHICH CAN BE MITIGATED BELOW A LEVEL OF SIGNIFICANCE WITH MITIGATION MEASURES The EIR identifies the significant impacts associated with the Project that can be reduced to a less- than-significant level by mitigation measures identified in the EIR. The City’s findings with 262 Item 8. 13 respect to each of the Project’s significant impacts and mitigation measures are set forth in the attached Exhibit 12 which is attached to these findings and is incorporated herein by this reference. Public Resources Code Section 21081 and CEQA Guidelines Section 15091(a)(1) states that no public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant effects unless the public agency makes the following finding: This City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091(a)(1) that all potentially significant impacts listed in Exhibit 1 can and will be mitigated to below a level of significance by imposition of the mitigation measures in the EIR; and that these mitigation measures are included as Conditions of Approval and set forth in the Mitigation Monitoring and Reporting Program adopted by this City Council. The City hereby adopts and/or readopts these mitigation measures, for the reasons set forth in these findings, in the Draft EIR with respect to the particular impact in question, and summarized in the attached Exhibit 1, and incorporates them into the Project. To the extent that these m itigation measures will not mitigate or avoid all significant effects on the environment, however, it is hereby determined that any remaining significant and unavoidable adverse impacts are acceptable for the reasons specified in Section 5.2, below. 5.2 ENVIRONMENTAL IMPACTS WHICH REMAIN SIGNIFICANT AND UNAVOIDABLE AFTER MITIGATION AND FINDINGS In accordance with CEQA Guidelines Section 15092(b)(2), this City Council cannot approve the Project unless it first finds (1) the Project as approved will not have a significant effect on the environment, or (2) the significant effects on the environment have been eliminated or substantially lessened where feasible and any remaining significant effects on the environment found to be unavoidable are acceptable due to overriding concerns described in Section 15903. This City Council finds that the following environmental impacts identified in the EIR remain significant even after all feasible mitigation measures: Air Quality – Sensitive Receptor Exposure, 2 The attached Exhibit 1 provides a summary description of each significant impact of the Project, all of which are evaluated in full in the EIR; describes the applicable mitigation measures identified in the EIR and adopted or readopted by the City; and states the City’s findings on the significance of each impact after adoption and incorporation into the Project of these mitigation measures. Full explanations of these environmental findings and conclusions can be found in the EIR. These findings hereby incorporate by reference the discussion and analysis in those documents supporting the EIR’s determinations regarding mitigation measures and the Project’s impacts and mitigation measures designed to address those impacts, including but not limited to the EIR in its entirety. In making these findings, the City Council ratifies, adopts, and incorporates into these findings the analysis and explanation in the EIR and ratifies, adopts, and incorporates in these findings the determinations and conclusions of the EIR relating to environmental impacts and mitigation measures, except to the extent any such determinations and conclusions are specifically and expressly modified by these findings. 263 Item 8. 14 Cumulative Impacts; Greenhouse Gas – GHG Impacts; Noise – Permanent Increase in Ambient Noise Levels; and Transportation – Conflict with CEQA Guidelines section 15064.3, subdivision (b). A statement of overriding considerations is included herein. 5.2.1 Air Quality Significant Unavoidable Impact (Threshold B): The EIR concluded that the Project could result in significant air quality impacts from long-term operations both from the project and cumulatively. This Threshold was used to analyze if the Project’s actions would violate air quality standards for long term operational impacts. The analysis included running CalEEMod to predict the emissions from the Project’s long term operations, and then comparing these results to the acceptable regional (RST) and local (LST) air quality standards. These air quality standards include significance thresholds for emissions including: VOC (regional only), NOx, CO, SO2 (regional only), PM-10 and PM-2.5. The analysis concluded that adoption and implementation of the Beaumont 2040 Plan would generate air contaminant emissions from long-term operation of planned land uses. These emissions may result in adverse impacts to local air quality, and potential impacts to sensitive receptors. Even with implementation of one Mitigation Measure, MM AQ 1, the impacts related to long-term operations under Threshold B are significant and unavoidable. Finding: The Project will result in significant impacts due to Toxic Air Contaminants (TACs). Project Mitigation Measure MM AQ 1 is incorporated into the Mitigation Monitoring and Reporting Program for the Project, and will be implemented as specified therein, thereby reducing the significant impacts, but not below a level of less than significant. Mitigation measure MM AQ 1 would contribute to reduced criteria air pollutant emissions and TACs associated with buildout of the Beaumont 2040 Plan. However, implementation of the Beaumont 2040 Plan at buildout would generate long-term emissions that exceed the daily SCAQMD thresholds for all criteria pollutants, except SO2. Therefore, the Project would contribute to the cumulative contribution of criteria pollutants for which the Basin in nonattainment, and no further mitigation measures are available that would reduce impacts to below applicable SCAQMD significance thresholds. Therefore, air quality impacts remain significant and unavoidable and would therefore be cumulatively considerable. Accordingly, air quality impacts from long term operations will remain significant and unavoidable. The following Mitigation Measure will mitigate impacts to air quality emissions to the extent feasible, but the impacts will remain significant and unavoidable: MM AQ 1 In order to reduce future impacts related to exceedance of air quality standards from criteria pollutants and from TACs impacting sensitive receptors, prior to discretionary approval for development projects subject to CEQA review, project applicants shall prepare and submit a technical analysis evaluating potential air quality impacts, including TAC’s where 264 Item 8. 15 appropriate, to the City of Beaumont for review and approval. The analysis shall be prepared in conformance with current SCAQMD methodology for assessing air quality impacts and TACs. Feasible mitigation measures for each future project shall be incorporated, if applicable. Facts in Support of the Finding: The EIR recommends Mitigation Measure MM AQ 1 be implemented to reduce criteria air pollutant emissions and TACs associated with buildout of the Beaumont 2040 Plan. However, the air quality impacts from operations (Project and Cumulative) will be significant and unavoidable. Significant Unavoidable Impact (Threshold C): The EIR concluded that localized criteria pollutant and TAC impacts associated with implementation of the Beaumont 2040 Plan are significant and unavoidable. The primary source of TACs within the City of Beaumont is diesel- fueled trucks and other vehicles traveling the freeways and major roadways. The EIR determined that it can be assumed that various sizes and types of projects will be developed and, because of the increased density seen for the land uses and desired proximity of residential land uses to both transit and commercial centers, it can be assumed that both construction and operation of commercial and potentially industrial sources would be developed relatively close to sensitive receptors such as residences or schools. The issuance of SCAQMD air quality permits and compliance with all SCAQMD, state, and federal regulations regarding stationary TACs reduce potential stationary sources of TAC emissions such that sensitive receptors would not be exposed to substantial air pollutant concentrations. The SCAQMD limits public exposure to TACs through a number of programs. The SCAQMD reviews the potential for TAC emissions from new and modified stationary sources through the SCAQMD permitting process for stationary sources. Adoption and implementation of the Beaumont 2040 Plan and enforcement of SCAQMD Rules and Regulations would minimize exposure of sensitive receptors to substantial criteria pollutant and TAC emissions. However, localized criteria pollutant and TAC impacts associated with implementation of the Beaumont 2040 Plan are considered significant and unavoidable. Finding: The Project could result in significant impacts due to localized criteria pollutant and TAC impacts. Project Mitigation Measure MM AQ 1 is incorporated into the Mitigation Monitoring and Reporting Program for the Project, and will be implemented as specified therein, thereby reducing the significant impacts, but not below a level of less than significant. Mitigation measure MM AQ 1 would contribute to reduced criteria air pollutant emissions and TACs associated with buildout of the Beaumont 2040 Plan. However, implementation of the Beaumont 2040 Plan at buildout could expose sensitive receptors to criteria pollutants and TACs. Therefore, air quality impacts remain significant and unavoidable. Accordingly, air quality impacts will remain significant and unavoidable. The following Mitigation Measure will mitigate impacts to air quality emissions to the extent feasible, but the impacts will remain significant and unavoidable: 265 Item 8. 16 MM AQ 1 In order to reduce future impacts related to exceedance of air quality standards from criteria pollutants and from TACs impacting sensitive receptors, prior to discretionary approval for development projects subject to CEQA review, project applicants shall prepare and submit a technical analysis evaluating potential air quality impacts, including TAC’s where appropriate, to the City of Beaumont for review and approval. The analysis shall be prepared in conformance with current SCAQMD methodology for assessing air quality impacts and TACs. Feasible mitigation measures for each future project shall be incorporated, if applicable. Facts in Support of the Finding: The EIR recommends Mitigation Measure MM AQ 1 be implemented to reduce criteria air pollutant emissions and TACs associated with buildout of the Beaumont 2040 Plan. However, the air quality impacts from operations will be significant and unavoidable. 5.2.1 Greenhouse Gases Significant Unavoidable Impact (Threshold A): The EIR concluded that the Project could result in significant greenhouse gas emissions impacts from the Project. This Threshold was used to analyze if the Project’s actions would violate greenhouse gas standards in the Subregional Climate Action Plan (CAP) for long term operational impacts. The analysis included running CalEEMod to predict the emissions from the Project’s long term and cumulative operations, and then comparing these results to the goals of the CAP, which specifically includes a reduction of GHG emissions of 15 percent by the year 2020. This analysis concluded that long term and cumulative operations did violate the CAP standards; with implementation of Mitigation Measure GHG 1 to reduce GHG emissions from Project operations, the impacts under Threshold A for long-term operations are significant and unavoidable. Finding: This Threshold was used to analyze GHG reduction levels for long term and cumulative operations. This impact to GHG emissions reduction levels is potentially significant and Mitigation Measure MM GHG 1 is incorporated into the Mitigation Monitoring and Reporting Program for the Project, and will be implemented as specified therein, thereby reducing the potentially significant impacts related to emissions, but not below a level of less than significant. Compliance with Project-specific design considerations not included in the emissions estimates, specifically those aimed at reducing mobile source emissions, would aide in the reduction of GHG emissions beyond what is presented in this analysis. Although implementation of Mitigation Measure MM GHG 1 would reduce Project-related long-term GHG emissions, greenhouse gas emissions impacts will remain significant and unavoidable. 266 Item 8. 17 MM GHG 1: In order to address effects of GHG emissions from future development, the City of Beaumont shall evaluate the feasibility of the potential GHG reduction strategies in Table 5.7-F and update the Sustainable Beaumont Plan or similar document every five years to ensure the City is monitoring the plan’s progress toward achieving the City’s greenhouse gas (GHG) reduction targets and to require amendment if the plan is not achieving the specified level. The updates shall identify targets for years 2030, 2040, and 2050 and subsequent applicable statewide legislative targets that may be in effect at the time of the update. Facts in Support of the Finding: Using all the emissions quantified above, the total GHG emissions generated from the Project is approximately 709,218 MTCO2e which translates to 4.3 MTCO2e per service population, including the sphere of Influence (SOI). Although implementation of Mitigation Measure MM GHG 1 would reduce Project-related long-term GHG emissions impact will be significant and unavoidable. 5.2.2 Noise Significant Unavoidable Impact (Threshold A): The EIR concluded that the Project could result in a permanent increase in ambient noise levels. Because implementation of the Beaumont 2040 Plan could result in new vehicular traffic which could exceed the Federal Highway Administration (FHWA) thresholds, proposed Project noise impacts could exceed applicable standards and could substantially increase the ambient noise levels in the Planning Area. Although Beaumont 2040 Plan policies and implementation actions contained in the Noise Element would reduce these impacts to the furthest extent feasible, impacts, at a program level remain significant and unavoidable. Finding: The Project will result in significant impacts due to ambient noise increase, largely as a result of vehicular traffic. Because implementation of the Beaumont 2040 Plan could result in new vehicular traffic which could exceed the Federal Highway Administration (FHWA) thresholds, proposed Project noise impacts could exceed applicable standards and could substantially increase the ambient noise levels in the Planning Area. Although Beaumont 2040 Plan policies and implementation actions contained in the Noise Element would reduce these impacts to the furthest extent feasible, impacts, at a program level remain significant and unavoidable. At a program level, there are no feasible mitigation measures that have not been incorporated as policies or implementation actions in the Beaumont 2040 Plan. Therefore, noise impacts remain significant and unavoidable. Facts in Support of the Finding: At a program level, there are no feasible mitigation measures that have not been incorporated as policies or implementation actions in the Beaumont 2040 Plan. Thus, the noise impacts associated with the Project will be significant and unavoidable. 5.2.3 Transportation 267 Item 8. 18 Significant Unavoidable Impact (Threshold B): The EIR concluded that impacts related to inconsistency with CEQA Guidelines section 15064.3 are significant and unavoidable. The California Air Pollution Control Officers Association (CAPCOA) documentation identifies the maximum achievable Vehicle Miles Travelled (VMT) reduction with Transportation Demand Management (TDM) measures to be 10 percent in a suburban setting. Given that the Beaumont 2040 Plan is estimated to generate VMT per service population that is approximately 25 percent higher than the threshold of significance, TDM measures (and the Beaumont 2040 Plan policies) would likely not reduce VMT per service population to a level below the City’s threshold of significance. Additionally, besides the policies and TDM measures there are no other features or mitigation measures that could be implemented on a General Plan level to reduce VMT to less than significant levels. Future projects consistent with the General Plan would be required to implement the policies identified above, and those would be the means to reduce impacts from their projects. Finding: The Project will result in significant impacts due to its potential to cause an increase in VMT. Given that the Beaumont 2040 Plan is estimated to generate VMT per service population that is approximately 25 percent higher than the threshold of significance, TDM measures (and the Beaumont 2040 Plan policies) would likely not reduce VMT per service population to a level below the City’s threshold of significance. Additionally, besides the policies and TDM measures there are no other features or mitigation measures that could be implemented on a General Plan level to reduce VMT to less than significant levels. Therefore, transportation impacts related to VMT remain significant and unavoidable. The significance of transportation impacts from specific future development and public improvement projects will be evaluated on a project-by-project basis and Beaumont 2040 Plan policies as well as City standards and practices will be applied, individually or jointly, as necessary and appropriate. If project-level impacts are identified at that time, specific mitigation measures may be required by CEQA. Facts in Support of the Finding: At a program level, there are no feasible mitigation measures that have not been incorporated as policies or implementation actions in the Beaumont 2040 Plan. Thus, transportation impacts related to VMT will be significant and unavoidable. 5.3 ALTERNATIVES TO THE PROPOSED PROJECT CEQA requires projects to evaluate a reasonable range of alternatives to a project which will limit or reduce the significant impacts of a project. Specifically, Section 15126.6 (a) says that “a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives”. Thus, 268 Item 8. 19 in order to develop a range of reasonable alternatives, the Project objectives must be considered when this City Council is evaluating the alternatives. 5.3.1 Alternative Location The CEQA Guidelines Section 15126.6(f)(2) requires that an alternate location to the project that will lessen or avoid significant impacts of a project. Since the project is the consideration of a General Plan, which is not inherently linked to a specific project location, and rather constitutes a policy document laying out land use implications within the project, an alternative location to the Project was considered but rejected for infeasibility. 5.3.2 Alternative 1: No Project/ No Build Alternative CEQA mandates that an EIR analyses the No Project Alternative. Specifically, Section 15126.6(e)(3)(A) says, “when the project is a revision of an existing land use or regulatory plan, policy or ongoing operation, the “no project” alternative will be the continuation of the existing plan, policy or operation into the future.” Therefore, for this analysis, the No Project Alternative will be the continued land uses and implementation of the City of Beaumont’s March 2007 General Plan. Under Alternative 1 the existing 2007 General Plan guides the future development of the City. The land uses in the 2007 General Plan are not much different than is being proposed by the Project, but there would be less industrial land uses and less higher density residential units under the existing 2007 General Plan compared to the proposed Project. Table 1 – Comparison of Alternative 1 to Proposed Project Land Uses 2007 General Plan Land Use Designation Alternative 1 -No Project/Existing 2007 General Plan 1 (acres) Proposed General Plan Land Use Desgination2 Proposed Project3 (acres) Rural Residential (1 DU per acre) 547 Rural Residential (1 DU per 10 acres) 850 Rural Residential (1 DU per 40 acres) 3,420 Rural Residential 10,946 Total Rural Residential 4,817 Single Family Residential 6,765 Single Family Residential 5,076 Multi-Family Residential 142 Traditional Neighborhood 574 High Density Residential 323 Mixed Use 240 Downtown Mixed Use 386 269 Item 8. 20 2007 General Plan Land Use Designation Alternative 1 -No Project/Existing 2007 General Plan 1 (acres) Proposed General Plan Land Use Desgination2 Proposed Project3 (acres) 6th Street Overlay 211 TOD Overlay 173 Community Commercial 471 Neighborhood Commercial 46 General Commercial 84 General Commercial 321 Industrial 1,254 Industrial 1,336 Public Facilities 234 Public Facilities 350 Recreation/Conservation 9,849 Open Space 10,253 Beaumont Avenue Overlay 80 Urban Village Overlay 684 Urban Village 408 Urban Village South 237 Employment District 179 1 = Table 2-1, Distribution of Land Uses within the Beaumont Planning Area (2007 General Plan) 2= Table 3-2 Potential Development in the City and its Sphere of Influence (2020 Public Draft General Plan) 3 = does not include 2,088 acres of streets DU – dwelling unit Finding: Alternative 1, the Existing 2007 General Plan/No Project Alternative would have the same and somewhat more impacts because it does not include the density concentrations near commercial/office land uses, nor the alternative transportation method policies that the Project has. Under the Existing 2007 General Plan, VMT and the associated air quality and GHG emissions would be higher. Additionally, as shown below in Table 2, none of the Project Objectives are met by Alternative 1. Accordingly, this City Council finds the No Project Alternative less desirable than the Project and rejects this Alternative 1. 5.3.3 Alternative 2: Increased Recreation Under this Alternative, there would be a new Land Use Designation for “Recreation” which would include: “Low-impact development, including camping and ATV uses. Caretaker residential units. Residential uses that meet the Rural Residential 40 designation are permitted”. The area where this Recreational land use designation would occur is in the very western edge of the Planning Area and south of SR 60. Under Alternative 2, there would be approximately 547 acres of a Recreation designation, which would replace approximately 547 acres of Rural Residential as proposed by the Project. The area affected by this Land Use designation change is within the County of Riverside and located within the City’s Sphere of Influence. The underlying County of Riverside Land Use Designation is Rural Residential. Under this Alternative, the County Land Use Designation would be inconsistent with the City’s proposed Project Land Use Designation of Recreation. 270 Item 8. 21 Alternative 2 has one main distinct difference from the proposed Project; it keeps approximately 547 acres at the western edge of the Planning Area that is within the County of Riverside jurisdiction and in the City’s Sphere of Influence, and makes it Recreation. This use would allow for the construction/operation of recreational focused land uses such as an off-road vehicle park, campsites and other active recreational uses. Under this Alternative, there would be a reduction in the amount of Rural Residential land uses from what is in the proposed Project. Finding: Although Alternative 2 would meet almost all of the Project Objectives, the land use change of making approximately 550 acres Recreation instead of Rural Residential, would decrease the daily trips in this traffic analysis zone; however, there would be still be trips generated for recreational purposes. The alternative would also increase active recreation uses such as off- road vehicles that could also create air quality emissions that would be worse than regular passenger cars. Accordingly, this City Council finds the Increased Recreation Alternative less desirable than the Project and rejects this Alternative 2. Table 2 – Comparison of Alternatives Matrix Environmental Issue – Project Significance Proposed Project Alternative 1 No Project/Existing 2007 General Plan Alternative 2 Increased Recreation Air Quality – Significant and Unavoidable The Project would violate air quality standards or contribute substantially to an existing or projected air quality violation; would result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors); and potentially expose sensitive receptors to substantial pollutant concentrations; Greater – Although potentially less development than the Project, under the Existing General Plan, there would still be land use to generate air quality impacts related to increased traffic and the potential for TACs to be generated from non-residential projects in proximity to residential projects. Additionally, vehicle miles traveled (VMT) per service population from the 2007 General Plan would increase by 22.4 miles (see Table 5.16-B) compared to the Project which increases air emissions. Therefore, impacts would be greater than the Project. Slightly Greater – Air quality impacts would be slightly less than that of the proposed Project due to the change in land use and associated reductions in daily vehicle trips from Rural Residential to Recreation. However, the Recreational uses under this Alternative would also create vehicle trips that would generate air quality emissions from people traveling to use the area and from the off road vehicles that would be using the site. The off road vehicles that could use the Recreational areas could potentially have worse air quality impacts than regular vehicles associated with a residential land use because they typically have less air quality emission prevention technologies and pollute more emissions than regular cars. Under this Alternative, the impacts associated from future uses and TAC exposure would most likely be the same as those encountered by the Project. Under this 271 Item 8. 22 Table 2 – Comparison of Alternatives Matrix Environmental Issue – Project Significance Proposed Project Alternative 1 No Project/Existing 2007 General Plan Alternative 2 Increased Recreation Alternative, impacts are significant and unavoidable. Greenhouse Gas (GHG) Emissions- Significant and Unavoidable The Project would generate GHG emissions, either directly or indirectly, that significant impact on the environment; because GHG standards will be exceeded by future growth. Greater –GHG emissions would increase but under the 2007 General Plan there would be less intensity and units than proposed by the Project, thereby resulting in less GHG emissions from new residential and nonresidential uses. However, VMT per service population from the 2007 General Plan would increase by 22.4 miles (see Table 5.16-B) compared to the Project, which would result in increased GHG emissions in comparison to the Project. Therefore, impacts would be greater than the Project. Same – This Alternative would result in about the same GHG emissions since it would eliminate about 550 acres of Rural residential land uses, however, with this area being designated for Recreation, it would generate trips from both inside the City and from other communities. Therefore, the overall GHG emissions most likely would not be much different from the proposed Project. Under this Alternative, impacts remain significant and unavoidable. Noise – Significant and Unavoidable The Project would contribute to permanent increased noise levels from roadways due to increased traffic and exceed threshold for noise levels resulting in significant and unavoidable impacts after mitigation. Same – Most area roadways are already exceeding noise standards in close proximity to the roadway. Under the current 2007 General Plan, these noise levels would be expected to result in the same conditions. Impacts would remain significant and unavoidable. Same – Most area roadways are already exceeding noise standards in close proximity to the roadway. Even with changing the approximately 550 acres from Rural Residential to Recreation under this Alternative, these noise levels would be expected to result in the same conditions as the Project and would remain significant and unavoidable. Transportation – Significant and Unavoidable The Project would generate 29.7 VMT per service population in the Planning Area. There are no feasible mitigations available to mitigate impacts to less than significant levels. Therefore Project-related Impacts would be significant and unavoidable. Greater – The TIA prepared for the PEIR included a VMT per service population calculation for the 2007 General Plan (see Table 5.16-B) and determined that the 2007 General Plan would generate 52.1 VMT per service population in the Planning Area. This is more than the Beaumont 2040 Plan, which would generate 29.7 VMT per service population in the Planning Area. Impacts would be greater and significant and unavoidable. Same– This Alternative would reduce residential units in the Planning Area, hence reducing service population. The recreational uses proposed under this alternative would decrease the daily trips in this traffic analysis zone; however, because there are a number of off-road vehicle (ORV) parks that operate within unincorporated Riverside County, it is assumed that this Alternative would not substantially change VMT within the WRCOG area (see Table 5.16-D). Therefore, the VMT impacts would be expected 272 Item 8. 23 Table 2 – Comparison of Alternatives Matrix Environmental Issue – Project Significance Proposed Project Alternative 1 No Project/Existing 2007 General Plan Alternative 2 Increased Recreation to result in similar conditions as the Project and remain significant and unavoidable. Environmentally Superior to Proposed Project? Not applicable No –Alternative 1 would have the same impacts as the Project related to noise. It would create more VMT and the resulting increases in air quality and GHG impacts than the proposed Project because the current 2007 General Plan does not include policies related to non-vehicular transportation priorities and has less dense land uses in the areas near commercial and office land uses. For this reason, the increase in VMT, this Alternative would not be environmentally superior to the Project. No – Alternative 2 would not be considered Environmentally Superior to the Project because it will result in the same GHG, noise and transportation impacts as the Project. The reason why it is not environmentally superior is that it does slightly increase air quality impacts from the Project because it would introduce active recreational activities such as off-road vehicles which typically have less air quality emission prevention technologies and pollute more emissions than regular cars. . Meets Project Objectives? Yes No – This Alternative would not meet the project objectives as it is an outdated vision for the City on the types of development patterns and goals for the future planning. Yes – Changing the approximately 500-acre area from Rural Residential still result in most of the objectives for the rest of the General Plan to be met. This Alternative would solidly meet the Objective of providing a diverse network of open space. 273 Item 8. 5.0 CERTIFICATION OF FINAL EIR The City Council declares that no new significant information as defined by the CEQA Guidelines, Section 15088.5 has been received by the City Council after circulation of the EIR that would require recirculation. The City Council certifies the EIR based on the findings and conclusions discussed below. 5.1 FINDINGS As required by CEQA Statutes, Section 21081 (a)(3) and (b), and CEQA Guidelines Section 15903, the City of Beaumont City Council makes the following findings: 1) The City of Beaumont City Council has considered the impacts of the proposed Beaumont General Plan 2040 as identified and analyzed in the Final EIR. Although there are mitigation measures, Conditions of Approval, and Project Design Features that assist in mitigation of the significant unavoidable adverse impacts, as discussed in the Findings, certain impacts cannot be avoided or reduced to below a level of significance. The City Council finds that all feasible changes and alterations, in the form of mitigation measures, Conditions of Approval and Project Design Features, have been incorporated into, or imposed upon, the proposed Beaumont General Plan 2040. 2) The City of Beaumont City Council has considered the two (2) Project alternatives to the proposed Beaumont General Plan 2040, and the additional one (1) Alternative Location which was rejected from further consideration, as described and analyzed in the Final EIR. Per the criteria under State CEQA Guidelines Section 15126.6, which provides specific guidance with regard to the discussion of alternatives in an EIR, the City Council considers this a reasonable range of alternatives to the Project. Based upon this examination, the City of Beaumont City Council finds that while the alternatives have the potential to avoid some of the environmental impacts caused by the Project, none of the alternatives would achieve the City’s goals and objectives to the same extent as the proposed Project; and 3) Based upon the foregoing, the City of Beaumont City Council finds that the thirteen (13) areas of Public Benefit related to the proposed Beaumont Distribution Center Project outweigh the four (4) areas of significant unavoidable adverse impacts. Therefore, the City of Beaumont City Council finds the significant unavoidable adverse impacts acceptable. 274 Item 8. 5.2 CONCLUSIONS 1. Except as to those impacts stated above relating to air quality, greenhouse gas emissions, noise, and transportation, all other significant environmental impacts from the implementation of the proposed Project have been identified in the EIR and, with implementation of the mitigation measures identified, where necessary, are considered less than significant. 2. Alternatives to the proposed Project, including an Alternative Location, No Project and Increased Recreation, have been considered and rejected in favor of the proposed Project. 3. Environmental, economic, social, and other considerations and benefits derived from the development of the proposed Project override and make infeasible any alternatives to the proposed Project or further mitigation measures beyond those incorporated into the proposed Project. 6.0 STATEMENT OF OVERRIDING CONSIDERATIONS The following Statement of Overriding Considerations is made in connection with the proposed approval of the Beaumont General Plan 2040 (the “Project”). CEQA requires the decision-making agency to balance the economic, legal, social, and technological or other benefits of a project against its unavoidable environmental risks when determining whether to approve a project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered acceptable. CEQA requires the agency to provide written findings supporting the specific reasons for considering a project acceptable when significant impacts are unavoidable. Such reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record. The reasons for proceeding with this Project despite the adverse environmental impacts that may result are provided in this Statement of Overriding Considerations. The City Council finds that the economic, social and other benefits of the Project outweigh the significant and unavoidable air quality, greenhouse gas emissions, noise, and transportation and traffic related effects identified in the EIR and the record of proceedings. In making this finding, pursuant to Public Resources Code section 21081(b) and Guidelines section 15093, the City Council has balanced the benefits of the Project against its unavoidable impacts and has indicated its willingness to accept those adverse impacts. The City Council finds that each one of the following benefits of the Project, taken singly or in conjunction with the benefits as a whole, would warrant approval of the Project notwithstanding the unavoidable environmental impacts of the Project as identified in the EIR. The City Council finds and declares that is has adopted all feasible 275 Item 8. mitigation measures to reduce impacts involving air quality, cultural resources, greenhouse gas emissions, and transportation and traffic as much as possible. The City Council has also examined alternatives to the proposed Project, none of which both meet the project objectives and is environmentally preferable to the proposed Project. The City Council finds that these alternatives are infeasible because although some alternatives have similar or less environmental impacts, they do not provide the benefits of the project, or are otherwise socially or economically infeasible when compared to the Project, as described in the Statement of Facts and Findings and supported by the DEIR, FEIR and the remainder of the Record of Proceedings. The City Council, after balancing the specific economic, legal, social, technological, and other benefits of the proposed project, has determined that the unavoidable adverse environmental impacts identified above may be considered “acceptable” due to the following specific considerations, which outweigh the unavoidable, adverse environmental impacts of the proposed Project. Each of the separate benefits of the proposed Project, as stated herein, is determined to be, unto it and independent of the other Project benefits or in conjunction with the benefits as a whole, a basis for overriding all unavoidable adverse environmental impacts identified in these Findings. The City has independently verified the existence of all facts stated below to justify the Statement of Overriding Considerations. These benefits include:  Creating a vibrant downtown to reduce vacancies and promote mix of active uses and a variety of retail and housing. Developing downtown with human scale design that supports and improves the pedestrian experience, including multi-modal streets.  Pursuing an infill strategy to foster compact development patterns, create walkable communities and preserve the natural environment and critical environmental areas. Within the SOI, limiting future development to areas immediately adjacent to existing development and along current and new transportation corridors.  Improving retail corridors, to enhance development and redevelopment in the City’s retail corridors, diversify housing types, encourage mixed-use centers, and foster opportunities for economic growth.  Expanding housing choices to provide a diverse housing inventory to meet the changing needs of the Planning Area, which includes more affordable housing options.  Protecting the City’s historic resources. to preserve and enhance the City’s rich cultural and historic assets.  Expanding and enhance employment opportunities to diversify the City’s job base, promote future growth and economic development in the SOI, and achieve a better balance between jobs and households in the Planning Area.  Improving fiscal performance of the City to stabilize the City’s fiscal health.  Improving infrastructure and keep pace with development, to enhance the quality of life for the City’s residents and the City’s fiscal health by linking land use, transportation, and infrastructure development. 276 Item 8.  Improving health outcomes, to improve the health of the community by supporting active transportation, access to healthy food, park, healthcare (including mental healthcare), preventative care and fitness, and economic opportunities.  Creating a diverse and extensive open space network to maintain the views of the mountains and provide connectivity between residential neighborhoods and open space resources that provide opportunities for active and passive recreation.  Enhancing opportunities for tourism to create a unique identity for tourism to transform Beaumont into a regional destination.  Ensuring high level of public safety to protect the personal safety and welfare of people who live, work, and visit Beaumont from crime, pollution, disasters, and other threats and emergencies. The City Council finds that the foregoing benefits outweigh the identified significant adverse environmental impacts. The City Council further finds that each of the individual Project benefits discussed above outweighs the unavoidable adverse environmental effects identified in the Final EIR and therefore finds those impacts to be acceptable. The City Council further finds that each of the benefits listed above, standing alone, is sufficient justification for the City Council to override these unavoidable environmental impacts. 277 Item 8. EXHIBIT 1 TABLE OF IMPACTS, MITIGATION MEASURES AND CEQA FINDINGS OF FACT Impact Mitigation Measure Level of Significant After Mitigation Findings of Fact 5.1 Aesthetics Have a substantial adverse effect on a scenic vista? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 5.2 Agriculture and Forestry Resources Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? MM AG-1: Because the State revaluates and changes Farmland designations approximately every two years, to determine the specific impacts to designated Farmland sites shown on Figure 5.2-1 – Designated Farmland as having Prime Farmland or Unique Farmland, as part of any entitlement process for any future development proposal, the project applicant shall use the most current FMMP data available to determine the Less Than Significant Impact Implementation of the identified mitigation measures will reduce this impact to a less than significant level. The City of Beaumont hereby adopts these mitigation measures. The City of Beaumont, therefore, finds that changes or alterations have been required in, or incorporated into, the Project that avoid the significant environmental effects identified in the Final EIR. (CEQA Guidelines §15091(a)(1)) 278 Item 8. Impact Mitigation Measure Level of Significant After Mitigation Findings of Fact number of acres of Prime Farmland, Unique Farmland, and Farmland of Statewide Importance that would be permanently converted to a non- agricultural use by the proposed future development. This number shall be referred to as the “Acres of Converted Farmland.” If the Acres of Converted Farmland for any future development project is greater than zero, the City shall require the project proponent to provide mitigation in the amount equivalent to the Acres of Converted Farmland. This mitigation may be provided by one or more of the following methods: (i) placement of an agricultural easement on property containing soils that meet the physical and chemical criteria for Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, (ii) cancellation of a Notice of Non- renewal or an agreement not to file a Notice of Non-renewal for Williamson Act contracts on property (or properties), (iii) placement of a new Williamson Act contract on property or properties, or (iv) any combination of (i), (ii),or (iii). Other feasible measures to protect the soils and lands designated by the State FMMP program not listed here can be implemented as determined by the City. This mitigation shall be made a condition of project approval and evidence of mitigation shall be provided to the Beaumont Planning Department prior to the issuance of a grading permit. Conflict with existing zoning for agricultural use, or a Williamson Act contract? MM AG-2: In order to allow the operation of produce stands in the Industrial Zoning District as part of the revisions to the Beaumont Zoning Ordinance, Section 17.03.100 and Table 17.03-3 shall be revised to include Produce Stands as a Less Than Significant Impact Implementation of the identified mitigation measures will reduce this impact to a less than significant level. The City of Beaumont hereby adopts these mitigation measures. The City of Beaumont, therefore, finds that changes or alterations have been 279 Item 8. Impact Mitigation Measure Level of Significant After Mitigation Findings of Fact permitted use in the Manufacturing (M) Zone. required in, or incorporated into, the Project that avoid the significant environmental effects identified in the Final EIR. (CEQA Guidelines §15091(a)(1)) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No mitigation required No Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Result in the loss of forest land or conversion of forest land to non-forest use? No mitigation required No Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 5.3 Air Quality Conflict with or obstruct implementation of the applicable air quality plan? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? MM AQ 1: In order to reduce future impacts related to exceedance of air quality standards from criteria pollutants and from TACs impacting sensitive receptors, prior to discretionary approval for development projects subject to CEQA review, project applicants shall prepare and submit a technical analysis evaluating potential air quality impacts, including TAC’s where appropriate, to the City of Beaumont for review and approval. The analysis shall be prepared in conformance with current South Coast Air Quality Management District (SCAQMD) Significant and Unavoidable Impacts Implementation of the identified mitigation measures will reduce this impact, but not to a less than significant level. While the City of Beaumont hereby adopts these mitigation measures, impacts will remain significant and unavoidable. The City of Beaumont hereby concludes that the impact is acceptable in light of the Project’s benefits as set forth in the Statement of Overriding Considerations. (CEQA Guidelines §15091(a)(3)). 280 Item 8. Impact Mitigation Measure Level of Significant After Mitigation Findings of Fact methodology for assessing air quality impacts and TACs. Feasible mitigation measures for each future project shall be incorporated, if applicable. Expose sensitive receptors to substantial pollutant concentrations? MM AQ-1 See Above Significant and Unavoidable Impacts Implementation of the identified mitigation measures will reduce this impact, but not to a less than significant level. While the City of Beaumont hereby adopts these mitigation measures, impacts will remain significant and unavoidable. The City of Beaumont hereby concludes that the impact is acceptable in light of the Project’s benefits as set forth in the Statement of Overriding Considerations. (CEQA Guidelines §15091(a)(3)). Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 5.4 Biological Resources Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? MM BIO-1: For impacts identified to Species Not Covered by the MSHCP, potential direct and indirect impacts to Federal Species of Concern, California Species of Special Concern, California Species Animals or plants on lists one through four of the California Native Plant Society (CNPS) Inventory will require habitat assessments prepared by a qualified biologist for future implementing projects. The habitat assessment report identifying potential impacts to the Not Covered MSHCP species shall be provided in a report and submitted to the City Planning Department prior to issuance of grading permits. The following determinations shall be made by the City based on the habitat assessment:  If the findings of the habitat assessment show no suitable habitat or sensitive species Not Covered by Less Than Significant Impact Implementation of the identified mitigation measures will reduce this impact to a less than significant level. The City of Beaumont hereby adopts these mitigation measures. The City of Beaumont, therefore, finds that changes or alterations have been required in, or incorporated into, the Project that avoid the significant environmental effects identified in the Final EIR. (CEQA Guidelines §15091(a)(1)) 281 Item 8. Impact Mitigation Measure Level of Significant After Mitigation Findings of Fact the MSHCP occur on site, then no additional surveys or mitigation measures are required.  If the potential for sensitive species exist or suitable habitat exists on site, focused surveys shall be completed within one year of the submittal to the City for review. Focused surveys conducted in the appropriate season for each species, as identified in the habitat assessment report, shall be conducted to determine presence/absence status.  If no sensitive species are identified through focused surveys, then no additional surveys or mitigation measures are required.  If sensitive species Not Covered by the MSHCP are found on site and are not avoided by project design, coordination with the appropriate regulatory agencies (i.e. USFWS and/or CDFW) would be required to obtain necessary take permits and implement project- specific mitigation prior to any ground disturbing activities. MM BIO-2: To ensure compliance with Fish and Game Code sections 3503, 3503.5, and 3513 no direct impacts shall occur to any nesting birds, their eggs, chicks, or nests. If future implementing project activities are planned during the bird nesting season, nesting bird survey(s) consisting of up to three (3) site visits within 3 days prior to ground disturbance, clearing and/or demolition activities shall be conducted to ensure birds protected under the Migratory Bird Treaty Act (MBTA) are not disturbed by 282 Item 8. Impact Mitigation Measure Level of Significant After Mitigation Findings of Fact on-site activities. Any such survey(s) shall be conducted by a qualified biologist. If no active nests are found, no additional measures are required. If active nests are found, the nest locations shall be mapped by the biologist. The nesting bird species shall be documented and, to the degree feasible, the nesting stage (e.g., incubation of eggs, feeding of young, near fledging) determined. Based on the species present and surrounding habitat, a no- disturbance buffer shall be established around each active nest. The buffer shall be identified by a qualified biologist and confirmed by the City. No construction or ground disturbance activities shall be conducted within the buffer until the biologist has determined the nest is no longer active and has informed the City and construction supervisor that activities may resume. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? MM BIO-3: The City shall require the following for all future implementing projects in order to mitigate for impacts to riparian/riverine or sensitive habitats associated with waters of the US and State:  Preparation of a Jurisdictional Delineation of Waters of the U.S. and wetlands pursuant to the RCA as well as CWA and ACOE protocol where drainages are located on site. If avoidance of the drainages is infeasible, then applicants must obtain a CWA Section 404 permit from the ACOE prior to project grading. These permits must include measures or other equivalent requirements necessary to reduce impacts to riparian and wetlands Less Than Significant Impact Implementation of the identified mitigation measures will reduce this impact to a less than significant level. The City of Beaumont hereby adopts these mitigation measures. The City of Beaumont, therefore, finds that changes or alterations have been required in, or incorporated into, the Project that avoid the significant environmental effects identified in the Final EIR. (CEQA Guidelines §15091(a)(1)) 283 Item 8. Impact Mitigation Measure Level of Significant After Mitigation Findings of Fact resources and ensure no net loss of wetlands.  Preparation of a Jurisdictional Delineation of streams and vegetation within drainages and native vegetation of use to wildlife pursuant to CDFW and California Fish and Game Code Sect 1600 et seq. Where necessary, applicants are required to obtain a Section 1601 or 1603 permit and a Streambed Alteration Agreement from CDFW. These permits must include measures or other equivalent requirements that reduce impacts to riparian and wetlands resources ensure no net loss of wetlands.  Riparian/Riverine evaluation pursuant to Section 6.1.2 of the MSHCP. Applicants must avoid impacts to riparian areas to preserve the function and value of such habitats. Avoided areas shall be protected in perpetuity through a legal instrument such as a conservation easement or deed restriction. Where avoidance is infeasible, a DBESP will be required to be reviewed and approved by the RCA and/or US Fish and Wildlife Services and California Department of Fish and Game. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? MM BIO-3 See Above Less Than Significant Impact Implementation of the identified mitigation measures will reduce this impact to a less than significant level. The City of Beaumont hereby adopts these mitigation measures. The City of Beaumont, therefore, finds that changes or alterations have been required in, or incorporated into, the Project that avoid the significant environmental effects identified in the 284 Item 8. Impact Mitigation Measure Level of Significant After Mitigation Findings of Fact Final EIR. (CEQA Guidelines §15091(a)(1)) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? MM BIO-2 See Above Less Than Significant Impact Implementation of the identified mitigation measures will reduce this impact to a less than significant level. The City of Beaumont hereby adopts these mitigation measures. The City of Beaumont, therefore, finds that changes or alterations have been required in, or incorporated into, the Project that avoid the significant environmental effects identified in the Final EIR. (CEQA Guidelines §15091(a)(1)) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? MM BIO-3 See Above MM BIO-4: During the CEQA process, the City shall evaluate all proposed road projects within the MSHCP Criteria Area to ensure compliance with the MSHCP and the Implementing Agreement. Less Than Significant Impact Implementation of the identified mitigation measures will reduce this impact to a less than significant level. The City of Beaumont hereby adopts these mitigation measures. The City of Beaumont, therefore, finds that changes or alterations have been required in, or incorporated into, the Project that avoid the significant environmental effects identified in the Final EIR. (CEQA Guidelines §15091(a)(1)) 5.5 Cultural Resources Cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Disturb any human remains, including those interred outside of formal cemeteries? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 5.6 Geology and Soils Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: 285 Item 8. Impact Mitigation Measure Level of Significant After Mitigation Findings of Fact Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Strong seismic ground shaking? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Seismic-related ground failure, including liquefaction? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Landslides? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Result in substantial soil erosion or the loss of topsoil? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 286 Item 8. Impact Mitigation Measure Level of Significant After Mitigation Findings of Fact Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 5.7 Greenhouse Gas Emissions Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? MM GHG 1: In order to address effects of GHG emissions from future development, the City of Beaumont shall evaluate the feasibility of the potential GHG reduction strategies in Table 5.7- F and update the Sustainable Beaumont Plan or similar document every five years to ensure the City is monitoring the plan’s progress toward achieving the City’s greenhouse gas (GHG) reduction targets and to require amendment if the plan is not achieving the specified level. The updates shall identify targets for years 2030, 2040, and 2050 and subsequent applicable statewide legislative targets that may be in effect at the time of the update. Significant and Unavoidable Impacts Implementation of the identified mitigation measures will reduce this impact, but not to a less than significant level. While the City of Beaumont hereby adopts these mitigation measures, impacts will remain significant and unavoidable. The City of Beaumont hereby concludes that the impact is acceptable in light of the Project’s benefits as set forth in the Statement of Overriding Considerations. (CEQA Guidelines §15091(a)(3)). Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? No mitigation required No Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 5.8 Hazards and Hazardous Materials Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 287 Item 8. Impact Mitigation Measure Level of Significant After Mitigation Findings of Fact waste within one-quarter mile of an existing or proposed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 5.9 Hydrology and Water Quality Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 288 Item 8. Impact Mitigation Measure Level of Significant After Mitigation Findings of Fact Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: Result in substantial erosion or siltation on- or off-site; No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Impede or redirect flood flows? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 5.10 Land Use and Planning Physically divide an established community? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 5.11 Mineral Resources 289 Item 8. Impact Mitigation Measure Level of Significant After Mitigation Findings of Fact Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 5.12 Noise Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? No feasible mitigation at a programmatic level. Significant and Unavoidable Impacts For these impacts, there are no feasible mitigation measures. Thus, impacts will remain significant and unavoidable. The City of Beaumont hereby concludes that the impact is acceptable in light of the Project’s benefits as set forth in the Statement of Overriding Considerations. (CEQA Guidelines §15091(a)(3)). Generation of excessive groundborne vibration or groundborne noise levels? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 5.13 Population and Housing Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 290 Item 8. Impact Mitigation Measure Level of Significant After Mitigation Findings of Fact Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 5.14 Public Services Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: Fire protection No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Police protection No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Schools No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Parks No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Other Public Facilities No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 5.15 Recreation Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 291 Item 8. Impact Mitigation Measure Level of Significant After Mitigation Findings of Fact 5.16 Transportation Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? No feasible mitigation at a programmatic level. Significant and Unavoidable Impacts For these impacts, there are no feasible mitigation measures. Thus, impacts will remain significant and unavoidable. The City of Beaumont hereby concludes that the impact is acceptable in light of the Project’s benefits as set forth in the Statement of Overriding Considerations. (CEQA Guidelines §15091(a)(3)). Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Result in inadequate emergency access? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 5.17 Tribal Cultural Resources Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 292 Item 8. Impact Mitigation Measure Level of Significant After Mitigation Findings of Fact resource to a California Native American tribe? 5.18 Utilities and Service Systems Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 5.19 Energy Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 293 Item 8. Impact Mitigation Measure Level of Significant After Mitigation Findings of Fact resources, during project construction or operation? Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? No mitigation required No Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 5.20 Wildfire Substantially impair an adopted emergency response plan or emergency evacuation plan? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? No mitigation required Less Than Significant Impact Under CEQA, no mitigation is required for impacts that are less than significant (Public Resources Code §21002; CEQA Guidelines §§15126.4(a)(3), 15091) 294 Item 8. 295 Item 8. Click Link Below https://www.beaumontca.gov/Admin/DocumentCenter/Document/View/36788/Attachment-F--- link-to-Final-EIR 296 Item 8. 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: October 30, 2020 Subject: Monthly Report for the City of Beaumont State Legislative Update In October, Governor Newsom continued to hold regularly scheduled press briefings to update the public on COVID-19 and the wildfires. The Governor and Dr. Ghaly continued to provide updates for each county’s tier status, as well as major actions taken by the Administration to continually combat the spread of the virus. The Governor also announced a COVID-19 Vaccine Scientific Working Group, a new health equity metric to be required of counties when moving between tiers, as well as new Homekey awards for local governments. State lawmakers have been focused primarily on the upcoming General Election on November 3. Assemblymembers are elected to two-year terms while Senators are elected to four-year terms with 20 of the 40 Senate seats up for re-election this year. The remaining 20 Senate seats will be up for re-election during the 2022 midterm elections. In the Assembly, Democrats currently hold 61 seats compared with Republicans’ 17 seats with one independent and one vacancy. In the Senate, Democrats hold 29 seats compared with Republicans’ 11 seats. TPA will be providing a post-election summary of the General Election results and updates regarding the Legislature’s make-up. Below are the upcoming relevant dates for the Legislature: November 3 – General Election December 7 – Legislature officially sworn in for the 2021-2022 Regular Session January 1 – Most statutes passed in 2020 take effect January 4 – Legislature reconvenes to begin legislative business Governor’s COVID-19 Action Summary Below is a summary of the major COVID-19 actions taken by the State Administration in September:  October 28 – Executive Order: Governor Newsom signed an executive order that will allow the Department of Transportation to more easily issue temporary permits for 297 Item 9. 2 businesses along state highways to expand their outdoor dining options along sidewalks and parking areas, will allow seniors over the age of 70 to renew their drivers’ licenses by mail, and extends the deadlines for real estate license application and renewal fees.  October 19 – Vaccine Workgroup: Governor Newsom announced the formation of a scientific safety review workgroup to advise the State on forthcoming COVID-19 vaccines. The workgroup, which includes physicians, scientists, and immunization experts, will independently review the safety and efficacy of any vaccine that receives FDA approval for distribution. According to the Governor’s office, the workgroup will aim to ensure that a COVID-19 vaccine meets the safety and distribution requirements and including community stakeholders in the group’s recommendations.  October 16 – Homekey Awards: Governor Newsom announced the fifth round of Homekey awards to local governments to help localities purchase and rehabilitate housing and convert them into long-term housing for those experiencing homelessness. The announcement includes a total of $30 million with $2.2 million for the Yurok Tribe, over $15 million for the City of San Luis Obispo, and $13.5 million for the City of Los Angeles.  October 9 – Homekey Awards: Governor Newsom announced the fourth round of Homekey awards to local governments, totaling $147 million to 12 cities and counties throughout the State. These funds will go towards 1,109 units across the State to help local governments provide long-term housing options for their respective homeless populations. Assembly Wildfire Hearing On October 20, the Assembly Budget Sub 3 Committee on Resources and Transportation held an informational hearing on wildfire mitigation. The hearing consisted of three panels of speakers:  Historical and Current Funding Levels o Brian Brown, Principal Legislative Analyst, Legislative Analyst’s Office  Fire Mitigation Needs o Nick Jensen, Lead Conservation Scientist, Native Plant Society o Michael O’Connell, Executive Director, Irvine Ranch Conservancy  CalFIRE Fire Prevention Funding o Thom Porter, Department of Forestry and Fire Protection The hearing took place in response to the most devastating wildfire year the State has ever experienced with more than 4 million acres burned and over 30 individuals who lost their lives due to the fires. The committee identified three primary factors that have added to this year’s fires: 1) climate change, 2) higher density housing in fire-prone areas, and 3) increasing fuel for fires to burn. The committee also found that 95 percent of fires are caused by some form of human activity such as vehicle sparks, lawn mowers, faulty electrical connections, and utility lines. Members in attendance for the hearing included Assemblymembers Bloom (Chair), Friedman, Reyes, Ting, Mullin, Luz Rivas, and Garcia. Chair Bloom opened the hearing by noting that the State FY 2020-21 budget contained $203.3 million for fire prevention and resource management and $2.3 billion for suppression and response activities. Chair Bloom expressed the need for the State to increase spending on wildfire prevention and resource management without decreasing funding for suppression and response. 298 Item 9. 3 Notably, Assemblymember Mullin mentioned the attempts by the Legislature to pass a natural resource and climate bond on the 2020 ballot. Those efforts did not result in a passed bill, but the Assemblymember noted that there will be renewed efforts in 2021 to place a bond measure on the 2022 ballot. The Assemblymember expressed his support for including fire prevention and suppression as a key component of any such bond. Federal Legislative Update In October, the federal government focused entirely on four key issues: ongoing negotiations for a fourth coronavirus aid package, the confirmation process for Supreme Court Justice Amy Coney Barrett, President Trump’s positive coronavirus diagnosis and subsequent hospitalization, and the impending presidential and congressional elections on November 3. All four issues have massive implications for the Country, both in this moment and for years to come. As Election Day approaches, chaos is the new normal, as both parties are eager to prevent the other side from being able to claim a win in any scenario. As we move into November, expect a total federal focus on the election until winners are decided, followed by two major focuses: any shuffling of positions or nominations resulting from a change in control of the Senate or the Presidency, and a full-court-press attempt by the power losing control to finalize any priorities during the lame duck session, or the time between the election and the end of the 116th Congress on January 3, 2021. Coronavirus Aid Packages In October, Speaker Nancy Pelosi and Treasury Secretary Steven Mnuchin have negotiated consistently but found themselves at a standstill over state and local funding and liability protections. Early in the month, the House of Representatives reintroduced a new, smaller version of the HEROES Act with a price tag of $2.2 trillion, which passed in the House with a vote of 225- 188. This bill included $436 billion for state and local governments, return to supplemented unemployment benefits, renewal of small business programs, and additional direct stimulus payments. The Senate did not take it up for a vote. Later in the month, the Senate voted on a $120 billion standalone bill to extend the Paycheck Protection Program, however Senate Democrats opposed the piecemeal approach, and it did not pass. The Senate also took another vote on a narrow $500 billion aid bill similar to the one blocked by Senate Democrats in September, which also did not pass. While negotiations between Speaker Pelosi and Secretary Mnuchin continue, both sides are far apart on several key issues. Our latest reports indicate that Secretary Mnuchin’s offer includes $1.8 trillion in total spending, $300 billion in state and local funding, and a stimulus payment to replace the Earned Income Tax Credit. Throughout the month, President Trump weighed in on the negotiation process, first pressing for a deal on another round of pandemic aid to jolt the U.S. economic recovery, and later indicating he did not support continuing negotiations. Appropriations 299 Item 9. 4 After the stopgap funding bill Congress passed last month, Congress passed no additional legislation to fund the federal government through the end of Fiscal Year 2021 on September 30, 2021. The stopgap funding bill runs out on December 11, 2020, meaning that a lame-duck Congress will have to negotiate additional funding by that date to avoid a government shutdown. As a reminder, the House has passed nearly all of their appropriations bills for FY2021, whereas the Senate has not yet drafted theirs. Generally speaking, the House and Senate will finalize funding levels for each line item located somewhere between their two proposals, so TPA continues to fight for the Senate and the House to propose as high of numbers as possible to increase the likelihood of funding increases. Supreme Court After the death of Supreme Court Justice Ruth Bader Ginsburg in September, the Senate spent a large portion of October on confirmation hearings and votes for President Trump’s nominee, Judge Amy Coney Barrett. Judge Barrett received four confirmation hearings and was approved by the full Senate on October 23 in a largely party-line vote. Judge Barrett’s nomination marks the third Supreme Court justice nominated by President Trump in his first term. White House Outbreak In October, a nomination event for now-Justice Amy Coney Barrett is suspected to have caused the coronavirus infection of a slew of elected officials and staff, including President Donald Trump, First Lady Melania Trump, and their son Barron Trump. The infection resulted in President Trump spending several days in Walter Reed Hospital receiving treatment. Other individuals who later tested positive after attending or being close to someone who attended include White House Press Secretary Kayleigh McEnany, Senator Ron Johnson (R-WI), Former New Jersey Governor Chris Christie, Trump Campaign Manager Bill Stepien, Trump Body Man Nick Luna, California pastor Greg Laurie, Coast Guard Admiral Charles Ray, Coast Guard aide Jayna McCarron, Deputy Press Secretary Jalen Drummond, Rep. Salud Carbajal (D-CA), Presidential Advisor Stephen Miller, Congressman Mike Bost (R-IL), and five members of the Vice President’s office including his Chief of Staff. School Testing In October, the CDC published new guidance that provides a framework for schools to use when testing for COVID-19. The CDC currently recommends testing staff and students who are showing systems of COVID-19 or who have had close contact with confirmed or probable COVID- 19 patients. Schools that are at a moderate-to-high level of risk of transmission of the disease may consider repeated or expanded testing. They also recommend prioritizing testing for communities with a disproportionate rise in cases, limited testing availability or with moderate-to- high proportions of racial groups that have been disproportionately impacted by the virus. Census In October, the Supreme Court approved the Trump Administration’s plan to halt the census count while a lower court’s order that it continue is under appeal. A lower court had ordered the government to continue with the count as originally planned through the end of October. 300 Item 9. 5 Despite previously requesting an extension to the Census, the Administration opted to end the count early to allow adequate time for apportioning congressional districts by the end of the calendar year. The Court did not offer a written rationale for its decision. Small Business This month, the Treasury Department and Small Business Administration (SBA) published new interim final rules that offered an easier path to loan forgiveness for Paycheck Protection Program (PPP) loan recipients. Businesses will have fewer obstacles to clear to get virus relief loans of $50,000 or less forgiven and will be exempted from reductions to their forgiveness amount due to decreases in full-time employees or in employee compensation. The government also released a simplified forgiveness form and accompanying instructions. Even with the simpler application for forgiveness, businesses still have to provide documents to their lenders to verify their payroll and nonpayroll costs, including payment receipts, canceled checks, copies of invoices, quarterly tax filings, and bank account statements. The U.S. Government Accountability Office’s September report noted that SBA’s standard loan forgiveness application has been reported to take some businesses up to 15 hours to complete, and can take lenders up to 75 hours to review a complex application and the supporting documentation report. As a reminder, businesses have 10 months from the end of the time period covered by their loan to submit an application for forgiveness. 301 Item 9. 302 Item 10. 303 Item 10. 304 Item 10. 305 Item 10. 306 Item 10. 307 Item 10. 308 Item 10. 309 Item 10. 310 Item 10. 311 Item 10. 312 Item 10. 313 Item 10. 314 Item 10. 315 Item 10. 316 Item 10. 317 Item 10. 318 Item 10. 319 Item 10. 320 Item 10. 321 Item 10. 322 Item 10. 323 Item 10. 324 Item 10. 325 Item 10. 326 Item 10. 327 Item 10. 328 Item 10. 329 Item 10. 330 Item 10. 331 Item 10. 332 Item 10. 333 Item 10.