HomeMy Public PortalAboutOrdinance 1119ORDINANCE NO. 1119
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,
CALIFORNIA, APPROVING THE ADOPTION OF THE 2019 EDITION OF THE
CALIFORNIA BUILDING STANDARDS CODE, (CALIFORNIA CODE OF
REGULATIONS, TITLE 24), PARTS 2, 2.5, 3, 4, 5, 6, 8, 10 AND 11 WITH
AMENDMENTS AND AMENDING PORTIONS OF CHAPTER 15 "BUILDINGS AND
CONSTRUCTION," OF THE BEAUMONT MUNICIPAL CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT,
RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS:
SECTION 1. CEOA. The City Council finds that the actions contemplated by this Ordinance
are exempt from the California Environmental Quality Act ("CEQA") pursuant to 15061(b)(3),
CEQA review is not required because there is no possibility that this Ordinance may have a
significant effect upon the environment and the proposed text amendments constitute a minor
alteration in a land use limitation under CEQA Guidelines Section 15305, and such a land use
limitation is a permissible exercise of the City's zoning powers.
SECTION 2. Severabilitv. The City Council hereby declares that if any provision, section,
paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or
unconstitutional by any final court action in a court of competent jurisdiction, or by reason of
any preemptive legislation, such invalidity shall not affect the other provisions, sections,
paragraphs, sentences, or words of this Ordinance, and to this end the provisions of this
Ordinance are severable. The City Council declares that it would have adopted this Ordinance
irrespective of the invalidity of any particular portion thereof and intends that the invalid portions
should be severed, and the balance of the Ordinance enforced.
SECTION 3. Prosecution of Prior Ordinances. Neither the adoption of this Ordinance nor
the repeal of any other ordinance of this City shall in any manner affect the prosecution of any
violation of any City ordinance or provision of the City of Beaumont Municipal Code,
committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the
penal provisions applicable to any violation thereof.
SECTION 4. Findings. The City Council hereby finds that the proposed amendments to the
2019 edition of the California Building Standards Code, (California Code of Regulations, Title
24), Parts 2, 2.5, 3, 4, 5, 6, 8, 10 and 11 are necessary for administrative or procedural
clarification and to establish administrative standards for the effective enforcement of the
Building and Construction Code of the City of Beaumont and do not modify a building standard
pursuant to California Health & Safety Code Section 17958, 17958.7, and/or 18941.5.
SECTION 5. The City Council hereby repeals Title 15.03, entitled "Administration" to the
Beaumont Municipal Code, in its entirety.
SECTION 6. The City Council hereby amends Title 15.04, entitled `Building Code" to the
Beaumont Municipal Code, to read as:
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Chanter 15.04
BUILDING CODE
Sections:
15.04.010 Adoption of 2019 California Building Code
15.04.020 Amendments to the 2019 California Building Code
15.04.030 Violation —Penalty
15.04.010 Adoption of 2019 California Building Code. Except as otherwise provided
in this Chapter, the California Building Code, Title 24, California Code of Regulations, Part 2,
Volumes 1 and 2, including Chapter 1, Division II - Scope and Administration, and Appendix J -
Grading, including any and all amendments set forth in this chapter, and including any and all
amendments thereto that may hereafter be made and adopted by the State of California, is hereby
adopted as the City Building Code.
15.04.020 Amendments to the 2019 California Buildin; Code. The 2019 California
Building Code is amended in part as follows:
101.1 Title. These regulations shall be known as the Building Code of the City of Beaumont,
hereinafter referred to as "this code."
105.3.2 Time limitation of application. Applications for which no permit is issued within 12
months following the date of filing of application shall expire by limitation, and plans and other
data submitted for review may thereafter be returned to the applicant or destroyed by the
building official. The building official may grant one or more extensions for a period not
exceeding 180 days each. The extension shall be requested in writing and justifiable cause
demonstrated showing that circumstances beyond the control of the applicant which has
prevented action from being taken. In order to renew action on an application after expiration,
the applicant shall resubmit plans and pay a new plan review fee.
105.5 Expiration. Every permit issued shall become invalid unless the work on the site
authorized by such permit is commenced within 12 months after its issuance, or if the work
authorized on the site by such permit is suspended or abandoned for a period of 180 days after
the time the work is commenced. The building official is authorized to grant, in writing, one or
more extensions of time, for periods not more than 180 days each. The extension shall be
requested in writing and justifiable cause demonstrated.
109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been
paid, nor shall an amendment to a permit be released until the additional fee, if any, has been
paid. The following fees, the amount of which shall be established from time -to -time by action
of the City Council, shall be collected prior to the issuance of a permit:
A. Plan Check Fees and Deposits.
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B. Permit Fees.
C. Re -inspection Fees.
D. Special Inspection Fees
F. Investigation Fees
When submittal documents are required by SECTION 107, a plan review fee shall be paid at the
time of submitting the submittal documents for plan review. The plan review fees specified are
separate fees from and are in addition to the permit fees. When submittal documents are
incomplete or changed to require additional plan review or when the project involves deferred
submittal items as defined in Section 107.3.4.1, an additional plan review fee shall be charged at
the rate established by the Building Official.
109.4 Work commencing before permit issuance. Whenever any work for which a permit is
required by this code has been commenced on a building, structure, electrical, gas, mechanical or
plumbing system, a special investigation shall be made before a permit may be issued for such
work.
An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is
then or subsequently issued. The payment of such investigation fee shall not exempt any person
from compliance with all other provisions of this code nor from any penalty prescribed by law.
109.5 Related fees. The payment of the fee for the construction, alteration, removal or
demolition for work done in connection to or concurrently with the work authorized by a
building permit shall not relieve the applicant or holder of the permit from the payment of other
fees that are prescribed by law. A re -inspection fee may be assessed for each inspection or re
inspection when such portion of work or which inspection is called is not complete or when
corrections called for are not made. It is not the intent to require re -inspection fees the first time a
job is rejected for failure to comply with the requirements of this code, but as controlling the
practice of calling for inspections before the job is ready for such inspection or re -inspection. Re -
inspection fees may be assessed when the inspection record card is not posted or otherwise
available on the work site, the approved plans are not readily available to the inspector, for
failure to provide access on the date for which inspection is requested, or for deviating from
plans requiring the approval of the building official. To obtain a re -inspection, the applicant shall
pay the re -inspection fee in accordance with the fee schedule adopted by the jurisdiction. In
instances where re -inspection fees have been assessed, no additional inspection of the work will
be performed until the required fees have been paid.
109.6 Refunds. The building official may authorize refunding of any fee paid hereunder which
was erroneously paid or collected.
The building official may authorize refunding of not more than 80 percent of the permit fee paid
when no work has been done under a permit issued in accordance with this code.
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The building official may authorize refunding of not more than 80 percent of the plan review fee
paid when an application for a permit or which a plan review fee has been paid is withdrawn or
canceled before any plan reviewing is done.
The building official shall not authorize refunding of any fee paid except on written application
filed by the original permittee not later than 180 days after the date of fee payment.
Exception to Section 110.3.5 is deleted in its entirety.
111.3 Temporary occupancy. This section is deleted in its entirety.
Section 202 — Definitions
BUILDING OFFICIAL. The officer or other designated authority charged with the
administration and enforcement of this code, or a duly authorized representative. Where relevant
to grading, drainage and soil investigation, Building Official shall also mean and include City
Engineer/Director of Public Works or his/her designee.
J109.4 Drainage across property lines. All graded lots shall drain to the street or publicly
maintained facility. Cross lot drainage may be allowed at the sole discretion of the City
Engineer/Director of Public Works. Drainage across property lines shall not exceed that which
existed prior to grading. Excess or concentrated drainage shall be contained onsite or directed to
an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented
by the installation of nonerosive down drains or other devices acceptable to the City Engineer.
J110.1 General. The faces of cut and fill slopes and graded surfaces shall be prepared and
maintained to control erosion. This control shall be permitted to consist of effective planting and
other practicable means.
15.04.030 Violation —Penalty. Violation of the provisions of this Chapter or failure to
comply with any of the requirements of the Building Code is an infraction.
SECTION 7. The City Council hereby repeals Title 15.08, entitled "Building Fees", in its
entirety.
SECTION 8. The City Council hereby repeals Title 15.10, entitled "Elevator Safety
Construction Code", in its entirety.
SECTION 9. The City Council hereby amends Title 15.11, entitled "Historical Building Code"
to the Beaumont Municipal Code, to read as:
Chapter 15.11
HISTORICAL BUILDING CODE
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Sections:
15.11.010 Adoption of California 2019 Historical Building Code
15.11.020 Violation —Penalty
15.11.010 Adoption of 2019 California Historical Building Code. Except as otherwise
provided in this Chapter, the California Historical Building Code, Title 24, California Code of
Regulations, Part 8, including any and all amendments set forth in this chapter, and including any
and all amendments thereto that may hereafter be made and adopted by the State of California, is
hereby adopted as the City Historical Building Code.
15.11.020 Violation —Penalty. Violation of the provisions of this Chapter or failure to
comply with any of the requirements of the Historical Building Code is an infraction.
SECTION 10. The City Council hereby amends Title 15.12, entitled "Electrical Code" to the
Beaumont Municipal Code, to read as:
Chapter 15.12
ELECTRICAL CODE
Sections:
15.12.010 Adoption of California 2019 Electrical Code
15.12.020 Violation —Penalty
15.12.010 Adoption of 2019 California Electrical Code. Except as otherwise provided
in this Chapter, the California Electrical Code, Title 24, California Code of Regulations, Part 3,
including any and all amendments set forth in this chapter, and including any and all
amendments thereto that may hereafter be made and adopted by the State of California, is hereby
adopted as the City Electrical Code.
15.12.020 Violation—Penalt%.
A. Violation of the provisions of this Chapter or failure to comply with any of the
requirements of the Electrical Code is an infraction.
B. It shall be a violation of this Chapter, punishable as an infraction, for any person,
firm or corporation to make connection from a source of electrical energy to an installation for
which a permit is required, unless such person, firm or corporation has obtained a certificate of
approval from the building inspector that such wiring devices, appliances or equipment are in
conformity with all the requirements of this code.
SECTION 11. The City Council hereby amends Title 15.13, entitled "California Existing
Building Code" to the Beaumont Municipal Code, to read as:
Chapter 15.13
CALIFORNIA EXISTING BUILDING CODE
Sections:
15.13.010 Adoption of California 2019 Existing Building Code
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15.13.020 Violation —Penalty
15.13.010 Adoption of 2019 California Existing Building Code. Except as otherwise
provided in this Chapter, the California Existing Building Code, Title 24, California Code of
Regulations, Part 10, including any and all amendments set forth in this chapter, and including
any and all amendments thereto that may hereafter be made and adopted by the State of
California, is hereby adopted as the City Existing Building Code.
15.13.020 Violation —Penalty. Violation of the provisions of this Chapter or failure to
comply with any of the requirements of the Existing Building Code is an infraction.
SECTION 12. The City Council hereby amends Title 15.15, entitled "Residential Code" to the
Beaumont Municipal Code, to read as:
Chapter 15.15
RESIDENTIAL CODE
Sections:
15.15.010 Adoption of the 2019 California Residential Code
15.15.020 Amendments to the 2019 California Residential Code
15.15.030 Violation —Penalty
15.15.010 Adoption of the 2019 California Residential Code_ Except as otherwise
provided in this Chapter, the California Residential Code, Title 24 California Code of
Regulations, Part 2.5, including Chapter 1, Division II - Scope and Administration, and
Appendix V — Swimming Pool Safety Act, including any and all amendments set forth in this
chapter, and including any and all amendments thereto that may hereafter be made and adopted
by the State of California, is hereby adopted as the City Residential Code.
15.04.020 Amendments to the 2019 California Residential Code. The 2019 California
Residential Code is amended in part as follows:
R101.1 Title. These regulations shall be known as the Building Code of the City of Beaumont,
hereinafter referred to as "this code."
R105.3.2 Time limitation of application. Applications for which no permit is issued within 12
months following the date of filing of application shall expire by limitation, and plans and other
data submitted for review may thereafter be returned to the applicant or destroyed by the
building official. The building official may grant one or more extensions for a period not
exceeding 180 days each. The extension shall be requested in writing and justifiable cause
demonstrated showing that circumstances beyond the control of the applicant which has
prevented action from being taken. In order to renew action on an application after expiration,
the applicant shall resubmit plans and pay a new plan review fee.
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R105.5 Expiration. Every permit issued shall become invalid unless the work on the site
authorized by such permit is commenced within 12 months after its issuance, or if the work
authorized on the site by such permit is suspended or abandoned for a period of 180 days after
the time the work is commenced. The building official is authorized to grant, in writing, one or
more extensions of time, for periods not more than 180 days each. The extension shall be
requested in writing and justifiable cause demonstrated.
R108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been
paid, nor shall an amendment to a permit be released until the additional fee, if any, has been
paid. The following fees, the amount of which shall be established from time -to -time by action
of the City Council, shall be collected prior to the issuance of a permit:
A. Plan Check Fees and Deposits.
B. Permit Fees.
C. Re -inspection Fees.
D. Special Inspection Fees
F. Investigation Fees
When submittal documents are required by SECTION R106, a plan review fee shall be paid at
the time of submitting the submittal documents for plan review. The plan review fees specified
are separate fees from and are in addition to the permit fees. When submittal documents are
incomplete or changed to require additional plan review or when the project involves deferred
submittal items, an additional plan review fee shall be charged at the rate established by the
Building Official.
R108.3 Building permit valuations. The applicant for a permit shall provide an estimated
permit value at time of application. Permit valuations shall include total value of work, including
materials and labor, for which the permit is being issued, such as electrical, gas, mechanical,
plumbing equipment and permanent systems. If, in the opinion of the building official, the
valuation is underestimated on the application, the permit shall be denied, unless the applicant
can show detailed estimates to meet the approval of the building official. Final building permit
valuation shall be set by the building official.
R108.4 Related fees. The payment of the fee for the construction, alteration, removal or
demolition for work done in connection to or concurrently with the work authorized by a
building permit shall not relieve the applicant or holder of the permit from the payment of other
fees that are prescribed by law. A re -inspection fee may be assessed for each inspection or re -
inspection when such portion of work or which inspection is called is not complete or when
corrections called for are not made. It is not the intent to require re -inspection fees the first time a
job is rejected for failure to comply with the requirements of this code, but as controlling the
practice of calling for inspections before the job is ready for such inspection or re -inspection. Re -
inspection fees may be assessed when the inspection record card is not posted or otherwise
available on the work site, the approved plans are not readily available to the inspector, for
failure to provide access on the date for which inspection is requested, or for deviating from
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plans requiring the approval of the building official. To obtain a re -inspection, the applicant shall
pay the re -inspection fee in accordance with the fee schedule adopted by the jurisdiction. In
instances where re -inspection fees have been assessed, no additional inspection of the work will
be performed until the required fees have been paid.
R108.5 Refunds. The building official may authorize refunding of any fee paid hereunder which
was erroneously paid or collected.
The building official may authorize refunding of not more than 80 percent of the permit fee paid
when no work has been done under a permit issued in accordance with this code.
The building official may authorize refunding of not more than 80 percent of the plan review fee
paid when an application for a permit or which a plan review fee has been paid is withdrawn or
canceled before any plan reviewing is done.
The building official shall not authorize refunding of any fee paid except on written application
filed by the original permittee not later than 180 days after the date of fee payment.
R108.6 Work commencing before permit issuance. Whenever any work for which a permit is
required by this code has been commenced on a building, structure, electrical, gas, mechanical or
plumbing system, a special investigation shall be made before a permit may be issued for such
work.
An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is
then or subsequently issued. The payment of such investigation fee shall not exempt any person
from compliance with all other provisions of this code nor from any penalty prescribed by law.
R110.4 Temporary occupancy. This section is deleted in its entirety.
Section R202 — Definitions
BUILDING OFFICIAL. The officer or other designated authority charged with the
administration and enforcement of this code, or a duly authorized representative. Where relevant
to grading, drainage and soil investigation, Building Official shall also mean and include City
Engineer/Director of Public Works or his/her designee.
AV100.2 construction permit; Safety features required.
(a) Except as provided in Section AV100.5, when a building permit is issued for the construction
of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a
private single-family home, the respective swimming pool or spa shall be equipped with item #1
and at least one additional of the following seven drowning prevention features:
1. An enclosure that meets the requirements of Section AV100.3 and isolates the swimming
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pool or spa from the private single-family home. Any walls of the residential structure or
accessory structures used to complete the isolation enclosure must have its door openings
equipped with protection as required in AV100.2 (a) #4 or #5. Any such door protection
device provided for this purpose may not be used to comply with the second drowning
prevention feature requirement.
2. Removable mesh fencing that meets American Society for Testing and Materials
(ASTM) Specifications F2286 standards in conjunction with a gate that is self -closing
and self -latching and can accommodate a key lockable device. The mesh fencing setback
shall be not less than 20 inches (508 mm) from the water's edge.
3. An approved safety pool cover, as defined in Section AV100.1.
4. Exit alarms on the private single-family home's doors that provide direct access to the
swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal
warning, such as a repeating notification that "the door to the pool is open."
5. A self -closing, self -latching device with a release mechanism placed no lower than 54
inches (1372 mm) above the floor on the private single-family home's doors providing
direct access to the swimming pool or spa.
6. An alarm that, when placed in a swimming pool or spa will sound upon detection of
accidental or unauthorized entrance into the water. The alarm shall meet and be
independently certified to the ASTM Standard F2208 "Standard Safety Certification of
Residential Pool Alarms," which includes surface motion, pressure, sonar, laser and
infrared type alarms. A swimming protection alarm feature designed for individual use,
includes an alarm attached to a child that sounds when the child exceeds a certain
distance or becomes submerged in water, is not a qualifying drowning prevention safety
feature.
7. Other means of protection, if the degree of protection afforded is equal to or greater that
that afforded by any of the features set forth above and has been independently verified
by an approved testing laboratory as meeting standards for those features established by
the ASTM or the America Society of Mechanical Engineers (ASME)."
AV100.3 Enclosure; required characteristics. An enclosure shall have all of the following
characteristics:
1. Any access gates through the enclosure open away from the swimming pool and are self -
closing with a self -latching device placed no lower than 60 inches (1524 mm) above the
ground.
2. A minimum height of 60 inches (1524 mm).
3. A maximum vertical clearance from the ground to the bottom of the enclosure of 2 inches
(51 mm).
4. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than 4 inches
(102 mm) in diameter.
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5. An outside surface free of protrusions, cavities or other physical characteristics that
would serve as handholds or footholds that could enable a child below the age of five
years to climb over. In order to be considered non -climbable the following minimum
standards apply:
a. Horizontal members which would allow gasping and/or footholds must be
separated a minimum of 45 inches (1143 mm).
b. The maximum opening formed by a chain link fence shall be not more than 11/4
inches (32 mm).
c. There shall be a clear zone of not less than 36 inches (914 mm) between the
exterior of the enclosure and any permanent structures or equipment such as
pumps, filters and heaters that can be used to climb the enclosure.
15.15.030 Violation —Penalty. Violation of the provisions of this Chapter or failure to
comply with any of the requirements of the Residential Code is an infraction.
SECTION 13. The City Council hereby amends Title 15.16, entitled "Plumbing Code" to the
Beaumont Municipal Code, to read as:
Chapter 15.16
PLUMBING CODE
Sections:
15.16.010 Adoption of 2019 California Plumbing Code
15.16.020 Violation —Penalty
15.16.010 Adoption of California 2019 Plumbing; Code. Except as otherwise provided
in this Chapter, the California Plumbing Code, Title 24, California Code of Regulations, Part 5,
including any and all amendments set forth in this chapter, and including any and all
amendments thereto that may hereafter be made and adopted by the State of California, is hereby
adopted as the Plumbing Code of the City.
15.16.020 Violation —Penalty. Violation of the provisions of this Chapter or failure to
comply with any of the requirements of the Plumbing Code is an infraction.
SECTION 14. The City Council hereby amends Title 15.17, entitled "Mechanical Code" to the
Beaumont Municipal Code, to read as:
Sections:
Chapter 15.17
MECHANICAL CODE
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15.17.010 Adoption of California 2019 Mechanical Code
15.17.020 Violation —Penalty
15.17.010 Adoption of 2019 California Mechanical Code. Except as otherwise
provided in this Chapter, the California Mechanical Code, Title 24, California Code of
Regulations, Part 4, including any and all amendments set forth in this chapter, and including any
and all amendments thereto that may hereafter be made and adopted by the State of California, is
hereby adopted as the Mechanical Code of the City.
15.17.020 Violation—Penalt'v. Violation of the provisions of this Chapter or failure to
comply with any of the requirements of the Mechanical Code is an infraction.
SECTION 15. The City Council hereby amends Title 15.19, entitled "Energy Code" to the
Beaumont Municipal Code, to read as:
Chapter 15.19
ENERGY CODE
Sections:
15.19.010 Adoption of 2019 California Energy Code
15.19.020 Violation —Penalty
15.19.010 Adoption of 2019 California Enemy Code. Except as otherwise provided in
this Chapter, the California Energy Code, Title 24, California Code of Regulations, Part 6,
including any and all amendments set forth in this chapter, and including any and all
amendments thereto that may hereafter be made and adopted by the State of California, is hereby
adopted as the City Energy Code.
15.17.020 Violation —Penalty. Violation of the provisions of this Chapter or failure to
comply with any of the requirements of the Energy Code is an infraction.
SECTION 16. The City Council hereby amends Title 15.22, entitled "Green Building
Standards" to the Beaumont Municipal Code, to read as:
Chapter 15.22
GREEN BUILDING STANDARDS CODE
Sections:
15.22.010 Adoption of 2019 California Green Building Standards Code
15.22.020 Violation —Penalty
15.22.010 Adoption of 2019 California Green Building Standards Code. Except as
otherwise provided in this Chapter, the California Green Building Standards Code, Title 24,
California Code of Regulations, Part 11, including any and all amendments set forth in this
chapter, and including any and all amendments thereto that may hereafter be made and adopted
by the State of California, is hereby adopted as the City Green Building Code.
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15.22.020 Violation—Penaltv. Violation of the provisions of this Chapter or failure to
comply with any of the requirements of the Green Building Code is an infraction.
SECTION 17. Effective Date and Publication. The Mayor shall sign and the City Clerk shall
certify to the passage of this Ordinance and cause the same or a summary thereof to be published
within 15 days after adoption in accordance with Government Code Section 36933. This
Ordinance shall take effect 30 days after adoption in accordance with Government Code Section
36937.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont,
California, approves an amendment to the City Code.
INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the
City Council of the City of Beaumont, California, held on the 19th day of November, 2019, by
the following roll call vote:
AYES: White, Lara, Carroll, Santos, Martinez
NOES:
ABSENT:
ABSTAIN:
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City
of Beaumont, California, held on the 3rd day of December, 2019.
AYES: White, Lara, Carroll, Santos, Martinez
NOES:
ABSENT:
ABSTAIN:
Jul' or
Attest:
Steven Mehlman, City Clerk
Approved as to form:
inkney, C. Attorney
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