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HomeMy Public PortalAboutCC Agenda Packet 09.19.2023 CITY COUNCIL CLOSED & REGULAR SESSION AGENDA Tuesday, September 19, 2023 Closed Session: 5:00 PM Regular Meeting: 6:00 PM 550 E. Sixth Street, Beaumont, CA 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. MEETING PARTICIPATION NOTICE This meeting will will be recorded for live streaming as well as open to public attendance. 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 with "Public Comment" in the subject line. 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 are accepted by notifying the City Clerk using a provided Request to Speak Form prior to the start of the Public Comment Period. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council. 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. Pages CLOSED SESSION A.CALL TO ORDER Mayor Martinez, Mayor Pro Tem Fenn, Council Member Lara, Council Member Voigt, Council Member White B.PUBLIC COMMENTS REGARDING CLOSED SESSION B.1 Conference with Legal Counsel Regarding Anticipated/Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) and/or (2) and/or (3) Worker's Compensation Case Nos. COBM-0118 and 4A2211168DM- 0001 B.2 Conference with Legal Counsel Regarding AnticipatedLitigation Pursuant to Government Code Section 54956.9(d)(2) and/or (3): Claim by Jemel Fraise and Karah Fraise received August 30, 2023. C.ADJOURNMENT TO CLOSED SESSION REGULAR SESSION D.CALL TO ORDER Mayor Martinez, Mayor Pro Tem Fenn, Council Member Lara, Council Member Voigt, Council Member White Report out from Closed Session Action on any Closed Session Items Action of any Requests for Excused Absence Pledge of Allegiance Invocation Adjustments to the Agenda Conflict of Interest Disclosure E.ANNOUNCEMENTS / RECOGNITION / PROCLAMATIONS / CORRESPONDENCE E.1 Breast Cancer Awareness Proclamation 7 E.2 Youth Council Swearing In E.3 10U Beaumont All Stars Team Recognition F.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. G.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 Page 2 of 339 Ordinances and Resolutions to be read by title only. G.1 Ratification of Warrants 8 Recommended Action: Ratify Warrants dated: September 1, 2023 September 7, 2023 G.2 Approval of Minutes 45 Recommended Action: Approve Minutes dated September 5, 2023. G.3 Approval of Trustee Requisition 074 for Use of Bond Proceeds to Reimburse the City of Beaumont for the Fire Station No. 106 Project in the Amount of $1,309,998.59 54 Requisition 074 to send to Trustee for disbursement of bond proceeds to the City of Beaumont for Capital Improvement Project 2017-028. Recommended Action: Approve the City Manager to sign Requisition 074 to send to Trustee for disbursement of bond proceeds to the City of Beaumont. G.4 Second Reading of an Ordinance Temporarily Suspending Off-Street Parking Requirements for Existing Non-residential Structures in the Downtown District a as identified in the Downtown Districts Map 99 A request by the Planning and Economic Development Departments to establish an ordinance temporarily suspending off-street parking requirements for existing, non-residential structures in the Downtown District as defined by the Downtown District’s map boundaries. The proposed ordinance would be in effect for a period not to exceed eighteen (18) months. Recommended Action: Waive the second full reading and approve by title only “An Ordinance of the City Council of the City of Beaumont Temporarily Suspending Parking Requirements for Existing, Non-residential Structures in the Downtown District for a Period not to Exceed Eighteen (18) Months.” G.5 Second Reading of an Ordinance Amending the Beaumont Municipal Chapter 17.08 “Nonconforming Uses” 108 Second reading for amendments to Nonconforming Uses Chapter 17.08 of the Beaumont Municipal Code. Recommended Action: Waive the second reading and adopt by title only “An Ordinance of the City Council of the City of Beaumont Amending the Beaumont Municipal Code Chapter 17.08 ‘Nonconforming Uses’.” G.6 First Amendment to the Professional Services Agreement with SGH Architects for the City Hall Renovations Project, in an Amount Not to Exceed $48,875 – Capital Improvement Project (CIP) CF-104 118 Approve an amendment to the professional services agreement with SGH Architects for the City Hall Renovations Project, in an amount not to Page 3 of 339 exceed $48,875. Recommended Action: Approve the first amendment to the professional services agreement with SGH Architects for the City Hall Renovations Project, in an amount not to exceed $48,875. H.YOUTH COUNCIL REPORT Beaumont Youth Council Report Out and City Council Direction I.PUBLIC HEARINGS Approval of all Ordinances and Resolutions to be read by title only. I.1 Code Amendment to Several Sections within Chapter 17 of the Beaumont Municipal Code to Establish Objective Design Standards 147 Presentation of the Public Hearing Draft of the Objective Design Standards and Ordinance Amendment to modify amend Chapter 17.03.060 “Residential, Single-Family Zone”, Chapter 17.06.065 “Residential, Traditional Neighborhood”, Chapter 17.09.040 “Downtown Mixed-Use Zone”, Chapter 17.19.060 “Sixth Street Mixed-Use Zone”, and Chapter 17.19.070 “Sixth Street Mixed-Use Residential Zone” to establish Objective Design Standards in the Beaumont Municipal Code. Recommended Action: Hold the continued Public Hearing; and Waive the first full readings and approve by title only “An Ordinance of the City Council of the City of Beaumont, California to Amend Chapter 17.03.060 ‘Residential, Single-Family Zone’, Chapter 17.06.065 ‘Residential, Traditional Neighborhood’, Chapter 17.09.040 ‘Downtown Mixed-Use Zone’, Chapter 17.19.060 ‘Sixth Street Mixed-Use Zone’, and Chapter 17.19.070 ‘Sixth Street Mixed-Use Residential Zone’ to establish Objective Design Standards in the Beaumont Municipal Code.” J.ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. J.1 Consider Adopting a Resolution Waiving the Special Event Permit Application Fee and Police Department Charges for Service for the 33rd Annual Oktoberfest Event at Noble Creek Regional Park 218 Fee waiver request from the Beaumont Cherry Valley Recreation and Park District. Recommended Action: Staff recommends City Council consider waiving the special event permit application fees ONLY, and Waive the full reading and adopt by title only, “A Resolution of the City of Beaumont Authorizing the Waiver of a One-Time Special Event Permit Application Fee for the 33rd Annual Oktoberfest Event at Noble Creek Regional Park.” J.2 Approve a Five-Year Software and Services Agreement with Sun Ridge Systems, Inc. for the Replacement of the Police Department’s CAD/RMS 229 Page 4 of 339 System for a Total of $968,596 Request to approve the purchase of a replacement Computer Aided Dispatch and Records Management System (CAD/RMS) for the Police Department. Recommended Action: Approve the five-year Software and Services Agreement with Sun Ridge Systems, Inc. for the purchase of a replacement CAD/RMS system in the total amount of $968,596. J.3 Discussion to Consider an Ordinance Prohibiting the Unlawful Possession of a Catalytic Converter 296 Review proposed ordinance and provide direction to staff. Recommended Action: Discuss and provide direction to staff to advertise a notice of public hearing at the next available City Council meeting. J.4 Sixth Street Median Improvement Project - Monument Signs 302 Provide an update on the progress of the Sixth Street Median Improvement Project and receive direction regarding the type of signage for the Right of Way. Capital Improvement Project (CIP) No. R-21. Recommended Action: Provide staff with feedback on design options as presented. J.5 Re-Appropriation of FY23 Unexpended Expenditures, Budget Overages, and Project Funding Rollovers 306 Re-Appropriation and budget adjustment. Recommended Action: Approve the proposed Re-appropriation of General Fund expenditures in the amount of $2,216,913, and Approve the re-appropriation of Wastewater expenditures in the amount of $122,982, and Approve the proposed re-appropriation of Internal Service Fund expenditures in the amount of $98,555, and Approve the proposed re-appropriation of Other Special Revenue Fund expenditures in the amount of $20,000, and Approve the budget adjustment of $10,971, and Approve the re-appropriation of Capital Improvement Projects of $65,988,892. J.6 Approval of City Attorney Invoices for the Month of August 2023 318 Recommended Action: Approve invoices in the amount of $107,710.39. K.LEGISLATIVE UPDATES AND DISCUSSION Page 5 of 339 L.ECONOMIC DEVELOPMENT UPDATE Economic Development Committee Report Out and City Council Direction M.CITY TREASURER REPORT 335 Finance and Audit Committee Report Out and City Council Direction N.CITY CLERK REPORT O.CITY ATTORNEY REPORT 338 P.CITY MANAGER REPORT P.1 Tri-Pointe/Sundance Development Update Q.FUTURE AGENDA ITEMS Assessment for the need for additional community center(s) (Future)• Annexation Agreement with the County (October)• Enforcement of sidewalk vendors (October)• Citizen's Committee (October)• R.COUNCIL REPORTS White Voigt Lara Fenn Martinez S.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 October 3, 2023, at 6:00 p.m. unless otherwise posted. Page 6 of 339 Proclamation Breast Cancer Awareness Month OCTOBER 2023 WHEREAS, National Breast Cancer Awareness Month is recognized annually in October, serving as a time to educate, support, and raise awareness about prevention, early detection, and treatment; WHEREAS, it is critical to honor and remember those who have battled breast cancer, celebrate survivors, and stand in solidarity with those currently battling this challenging disease; WHEREAS, according to the American Cancer Society, when breast cancer is detected early and is in localized stage, the five-year relative survival rate is 99%; WHEREAS, early detection includes performing monthly breast self-examinations and scheduling regular clinical breast exams and mammograms, with the American Cancer Society recommending an annual mammogram for women once they reach age 40; WHEREAS, breast cancer is the second most common cancer in American women, with the American Cancer Society estimating that 287,000 women will be diagnosed with breast cancer this year. NOW, THEREFORE BE IT PROCLAIMED, that the City Council of the City of Beaumont hereby proclaims the Month of October 2023 as Breast Cancer Awareness Month to raise public awareness in recognition of the illness and its effects. Encouraging women, esp ecially, to be conscious of the benefits of early detection, diagnosis, and treatment of breast cancer. BE IT FURTHER RESOLVED, that the City Council in a powerful display of support calls upon all City of Beaumont employees to don in pink attire throughout October to raise awareness for breast cancer and show solidarity with those affected by this disease. In support of this effort city employees will wear pink every Wednesday and the Beaumont Police Department will display the Breast Cancer Awareness Pink Patch on their uniforms. Through donations from the sale of the Beaumont Police Department’s pink t-shirts and patches, the city will donate proceeds to fund breast cancer research and services. ATTEST: ____________________________ ____________________________________ Mayor Deputy City Clerk Page 7 of 339 Page 8 of 339 Page 9 of 339 Page 10 of 339 Page 11 of 339 Page 12 of 339 Page 13 of 339 Page 14 of 339 Page 15 of 339 Page 16 of 339 Page 17 of 339 Page 18 of 339 Page 19 of 339 Page 20 of 339 Page 21 of 339 Page 22 of 339 Page 23 of 339 Page 24 of 339 Page 25 of 339 Page 26 of 339 Page 27 of 339 Page 28 of 339 Page 29 of 339 Page 30 of 339 Page 31 of 339 Page 32 of 339 Page 33 of 339 Page 34 of 339 Page 35 of 339 Page 36 of 339 Page 37 of 339 Page 38 of 339 Page 39 of 339 Page 40 of 339 Page 41 of 339 Page 42 of 339 Page 43 of 339 Page 44 of 339 1 CITY COUNCIL CLOSED & REGULAR SESSION MINUTES September 5, 2023 Closed Session: 5:00 PM Regular Meeting: 6:00 PM 550 E. Sixth Street, Beaumont, CA _____________________________________________________________________ CLOSED SESSION A. CALL TO ORDER at 5:02 p.m. Mayor Martinez, Mayor Pro Tem Fenn, Council Member Lara, Council Member Voigt, Council Member White B. PUBLIC COMMENTS REGARDING CLOSED SESSION No comments B.1 Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8. Property: 514-516 N. California Avenue (APN’s 418-091-012). Agency Negotiator: City Manager Elizabeth Gibbs or her designee. Negotiating Parties: City of Beaumont as potential purchaser and PRRO (Mr. Daniel) as potential seller. Under Negotiation: Price and terms. No reportable action. B.2 Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8. Property: 105 W. 6th Street (APN 417-064-001). Agency Negotiator: City Manager Elizabeth Gibbs or her designee. Negotiating Parties: City of Beaumont as potential purchaser and David & Emeline Schuelke as potential seller. Under Negotiation: Price and terms. Page 45 of 339 2 No reportable action. B.3 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): City of Beaumont v. Urban Logic, Torcal LLC, et. al. Riv. Co. Sup. Ct. Case No. RIC1707201 c/w RIC 1712042. No reportable action. B.4 Conference with Legal Counsel Regarding Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2) and/or (3): One Claim: (i) Nessa Morales (Discussion to include, without limitation, Application for Permission to File a Late Claim) No reportable action. B.5 Conference with Legal Counsel Regarding Potential Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) (One potential case). No reportable action. C. ADJOURNMENT TO CLOSED SESSION REGULAR SESSION D. CALL TO ORDER at 6:20 p.m. Present: Mayor Martinez, Mayor Pro Tem Fenn, Council Member Lara, Council Member Voigt, Council Member White Report out from Closed Session Action on any Closed Session Items Action of any Requests for Excused Absence Pledge of Allegiance Invocation Adjustments to the Agenda: None Conflict of Interest Disclosure: None E. ANNOUNCEMENTS / RECOGNITION / PROCLAMATIONS / CORRESPONDENCE E.1 Introduction of K-9 Mando E.2 Introduction of City Public Information Officer Page 46 of 339 3 F. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA) M. Daniel - Shared that September 22, 23 will be the same numerical sequence as Beaumont's zip code. The post office will honor this date with stamping post cards. G. CONSENT CALENDAR Motion by Council Member White Second by Mayor Pro Tem Fenn To approve Consent Calendar. Approved by unanimous vote. G.1 Ratification of Warrants Ratify Warrants dated: August 10, 2023 August 18, 2023 August 28, 2023 G.2 Approval of Minutes Approve Minutes dated August 15, 2023. G.3 Downtown Grease Trap Improvement Program – Funding Agreement – 704 E. Sixth Street Consideration of a Funding Agreement for installation of a grease interceptor at the property located at 704 E. Sixth Street. Approve the Funding Agreement with Raul Naranjo for Grease Trap Improvements for the property located at 704 E. Sixth Street. G.4 Downtown Façade Improvement Program – Funding Agreement – 960 Beaumont Avenue Consideration of a Funding Agreement for Façade Improvements at the property located at 960 Beaumont Avenue. Approve the Funding Agreement with Dave Corey for Façade Improvements for the property located at 960 Beaumont Avenue. G.5 Downtown Business Incentive Program – Fire Sprinklers Consideration of a New Downtown Business Incentive Program. Approve the New Downtown Business Incentive Program as presented. Page 47 of 339 4 G.6 Canine As Needed Inspection Services Agreement for the 2023/2024 School Year Approve a service agreement with Beaumont Unified School District to conduct police canine inspections. Authorize the Mayor to execute the agreement with the Beaumont Unified School District for as needed police canine inspection services. G.7 Second Reading of an Ordinance Rescinding Ordinance No. 1091 and Amending Chapter 3.39 of the Beaumont Municipal Code – Western Riverside County Transportation Uniform Mitigation Fee Program Amendment of Chapter 3.39, Section 060 “Procedures for the Levy, Collection and Disposition of Fees,” to authorize TUMF fees to be collected directly by WRCOG from the developers from the effective date of this ordinance forward. Waive the full second reading and adopt by title only, “An Ordinance of the City of Beaumont, California Amending Section 060 Beaumont Municipal Code Section 3.39 To Include a Process Whereby the Western Riverside Council of Governments (WRCOG) Shall Calculate and Collect Fees Under the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program Directly” G.8 Adopt a Resolution Authorizing the Mayor and the Chief of Police to Sign a Federal Equitable Sharing Agreement Agreement that Will Allow the City to Receive Federally Forfeited Assets from Adjudicated Cases, Pursuant to the Federal Equitable Sharing Program. Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont Authorizing the Mayor and the Chief of Police to Execute a Federal Equitable Sharing Agreement.” H. YOUTH COUNCIL REPORT Beaumont Youth Council will start a new session soon. I. PUBLIC HEARINGS Approval of all Ordinances and Resolutions to be read by title only. I.1 Public Hearing and Consideration of a Proposed Ordinance Temporarily Suspending Off-Street Parking Requirements for Existing Non-residential Structures in the Downtown District Page 48 of 339 5 A request by the Planning and Economic Development Departments to establish an ordinance temporarily suspending off-street parking requirements for existing, non-residential structures in the Downtown District as defined by the Downtown District’s map boundaries. The proposed ordinance would be in effect for a period not to exceed eighteen (18) months. Public Hearing opened at 6:38 p.m. No comments Public Hearing closed at 6:38 p.m. Motion by Council Member White Second by Council Member Voigt Waive the first full reading and approve by title only “An Ordinance of the City Council of the City of Beaumont Temporarily Suspending Parking Requirements for Existing, Non-residential Structures in the Downtown District for a Period not to Exceed Eighteen (18) Months.” Approved by a unanimous vote I.2 Public Hearing and Consideration of Proposed Amendments to Beaumont Municipal Code Chapter 17.08 “Nonconforming Uses” Public hearing and consideration of proposed amendments to Nonconforming Uses Chapter 17.08 of the Beaumont Municipal Code. Public Hearing opened at 6:42 p.m. No comments Public Hearing closed at 6:42 p.m. Motion by Council Member Voigt Second by Council Member Lara Waive the first full reading and adopt by title only, “An Ordinance of the City Council of the City of Beaumont Amending Beaumont Municipal Code Chapter 17.08 “Nonconforming Uses”. Approved by a unanimous vote I.3 Code Amendment to Several Sections within Chapter 17 of the Beaumont Municipal Code to Establish Objective Design Standards Presentation of the Public Hearing Draft of the Objective Design Standards and Ordinance Amendment to modify amend Chapter 17.03.060 “Residential, Single-Family Zone”, Chapter 17.06.065 “Residential, Traditional Neighborhood”, Chapter 17.09.040 “Downtown Mixed Use Zone”, Chapter 17.19.060 “Sixth Street Mixed Use Zone”, and Chapter 17.19.070 “Sixth Street Mixed Use Residential Zone” to establish Objective Design Standards in the Beaumont Municipal Code. Page 49 of 339 6 Public Hearing opened at 6:45 Public Hearing continued to September 19, 2023. Continue the Code Amendments to Chapter 17 of the Beaumont Municipal Code to Establish Objective Design Standards to the September 19, 2023, City Council meeting without discussion. J. ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. J.1 Discussion and Direction to Staff on Proposed Amendments to Beaumont Municipal Code Section 17.07 – Signs and Section 8.50 Outdoor Lighting Review of Beaumont Municipal Code Section 17.07 – Signs for compliance with recent case law pertaining to non-commercial signage and other proposed changes. Public Comment A. Garcia - Owner of the Welcome to Beaumont sign, would like to rebuild the sign to be a digital billboard. Direction to staff to make adjustments and bring back for a Public Hearing. J.2 Establish an Account with California Cooperative Liquid Asset Securities System (California Class) a Joint Powers Authority Investment Pool Authorize the City Manager to establish an account with California Cooperative Liquid Assets Securities System (California CLASS) a joint power authority investment pool as a complement to LAIF for excess liquidity funds investment. Motion by Council Member White Second by Council Member Lara to approve items J.2 through J.6. Approved by a unanimous vote. Authorize the City Manager to establish an account with California Cooperative Liquid Assets Securities System (California CLASS) a Joint Powers Authority Investment Pool. J.3 Authorize City Manager to Proceed with the Execution and Delivery of Agreement of Replacement, Appointment and Acceptance for the Purpose of Transferring Bond Trustee Powers from Wilmington Trust, National Association to Zions Bank Corporate Trust This item will allow the City Manager to proceed with the process for removal, appointment and acceptance of the current Trustee, Wilmington Trust, National Association to Zions Bank Corporate Trust. Page 50 of 339 7 Authorize City Manager to proceed with execution and delivery of agreement of replacement, appointment, and acceptance for the purpose of transferring bond trustee powers from Wilmington Trust, National Association to Zions Bank Corporate Trust. J.4 Award a Professional Services Agreement with Renne Public Law Group for State Lobbying Services and Grant Writing Assistance in an Amount Not to Exceed $113,000 Annually for an Initial Term of Five Years Strategic Plan Target #4 (Finances/Resources) Priority Level 1 Goal #1 Authorize the Mayor to execute a Professional Services Agreement with Renne Public Law Group for State lobbying services and grant writing assistance in an amount not to exceed $113,000 annually for an initial term of five years. J.5 Award a Public Works Agreement to Vance Corporation for Construction of Citywide Street Rehabilitation and Maintenance Project in an Amount Not to Exceed $4,857,405 – Capital Improvement Project R-24 Citywide Street Rehabilitation and Maintenance Project (CIP R-24). Waive all minor bid irregularities and award a Public Works Agreement to Vance Corporation for construction of Citywide Street Rehabilitation and Maintenance Project (CIP R-24) in an amount not to exceed $4,857,405; and authorize the City Manager to sign change orders up to an additional $971,481 for a total construction amount of $5,828,886. J.6 Baseline Agreement for Potrero Boulevard Interchange Phase II Project Baseline Agreement (Agreement) for the State Route 60 (SR-60)/Potrero Boulevard Interchange Phase II Project(Project) between California Transportation Commission (CTC), the California Department of Transportation (Caltrans), and the City of Beaumont. Approve Baseline Agreement for the State Route 60 (SR-60)/Potrero Boulevard Interchange Phase II Project between California Transportation Commission, the California Department of Transportation, and the City of Beaumont. K. LEGISLATIVE UPDATES AND DISCUSSION L. ECONOMIC DEVELOPMENT UPDATE 17 application have been received for participation in downtown improvement programs. Next meeting is September 13, 2023. Page 51 of 339 8 M. CITY TREASURER REPORT N. CITY CLERK REPORT No report. O. CITY ATTORNEY REPORT Update on current litigation. P. CITY MANAGER REPORT P.1 New Resident Information Details on providing new residents with business information. Receive and file the report. P.2 Sales Tax 2023 1st Quarter P.3 Annual Business Meeting and Voting Delegate P.4 Park Projects Update P.5 First Aid Training Marketer Q. FUTURE AGENDA ITEMS • Assessment for the need for additional community center(s) (Future) • Annexation Agreement with the County • Enforcement of sidewalk vendors (October) R. COUNCIL REPORTS Lara - Report out from RTA meeting. Thanked the Interact group and Boy Scouts for helping to fill sandbags in advance of the hurricane. Voigt - Attended Gov in the Park and thanked staff. Will be participating in a CASC conference. White - Sending regrets for the State of the City due to hosting a Mobility 21 conference. Fenn - Attended the Gov in the Park and thanked staff, attended the Riverside County Veterans committee meeting. Page 52 of 339 9 Martinez - Attended a meeting with Assembly Member Wallis, attended the town hall meeting of Senator Ochoa-Bogh. S. ADJOURNMENT at 7:34 pm 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 September 19, 2023, at 6:00 p.m. unless otherwise posted. Page 53 of 339 Staff Report TO: City Council FROM: Jennifer Ustation, Finance Director DATE September 19, 2023 SUBJECT: Approval of Trustee Requisition 074 for Use of Bond Proceeds to Reimburse the City of Beaumont for the Fire Station No. 106 Project in the Amount of $1,309,998.59 Description Requisition 074 to send to Trustee for disbursement of bond proceeds to the City of Beaumont for Capital Improvement Project 2017-028. Background and Analysis: On September 20, 2020, the City Council approved to allocate $3,984,954 of available funds from past bond sales to the Capital Improvement Plan (CIP) for construction of Fire Station No. 106 project. The City’s 2018-003 Restated Bond Accounting Policies and Procedures under Trustee Notification Section within the Finance Department Policy and Procedures Manual page 66, recently re-approved by the City Council on May 16, 2023, require the trustee notification documents to be presented to City Council for approval. The written requisition is to be signed by an authorized representative who is listed with the Trustee as the City Manager. Once approved, the trustee will be notified to reimburse the City for costs incurred for the construction of Fire Station No. 106 with the approved allocation of bond proceeds. Fiscal Impact: The costs of construction of Fire Station 106 have been included in the CIP and budgeted as a part of CIP Project 2017-028 as noted below. The cost to prepare this staff report is estimated at $540. Page 54 of 339 Recommended Action: Approve the City Manager to sign Requisition 074 to send to Trustee for disbursement of bond proceeds to the City of Beaumont. Attachments: A. Written Requisition of Beaumont Financing Authority No. 074 Amount $1,000,000 $3,100,000 $3,984,954 $565,045 $8,649,999 Project Component Budget Encumbered Paid to Date Remaining Budget Project Management $2,500 ($2,317)($2,317)$183 Preliminary Services $7,500 ($7,500)($7,500)$0 Environmental $149,000 ($123,657)($122,110)$25,343 Design $270,000 ($270,101)($247,543)($101) Construction $8,113,500 ($7,925,767)($3,403,029)$187,733 Construction Management $40,000 ($64,999)($52,730)($24,999) Permits $67,499 ($63,935)($67,656)$3,564 Equipment $0 ($37)$0 ($37) Project Summary Totals $8,649,999 ($8,458,312)($3,902,885)$191,687 DIF DIF Bond Proceeds General Fund Reserves CIP2017-028 Fire Station No. 106 Project Accounting Summary Funding Summary Funding Year Budget Summary FY17/18 Funding Source FY18/19 FY20/21 FY20/21 Total Project Funding = Page 55 of 339 BEAUMONT FINANCING AUTHORITY LOCAL AGENCY REVENUE BONDS , 2015 SERIES DIA 16 ACCOUNT NUMBER WRITTEN REQUISITION OF BEAUMONT FINANCING AUTHORITY NO.074 The undersigned is an Authorized Representative of the City of Beaumont, Beaumont Financing Authority (the "BF A") and hereby requests Wilmington Trust, National Association (the "Trustee"), pursuant to a resolution adopted by the City Council of the City of Beaumont (the "City"), acting as the legislative body of the Beaumont Financing Authority and a Bond Indenture, dated as of April 1, 2012, by and between the Beaumont Financing Authority and Wilmington Trust, National Association, as trustee (the "Trustee"), to pay to the Persons listed on Schedule I attached hereto, the amounts shown for the purposes indicated from the Acquisition Fund established and maintained under the Indenture. The BFA hereby certifies that (a) each obligation mentioned therein is a proper charge against such Acquisition Fund and has not previously been disbursed by the Trustee from amounts in such Acquisition Fund, (b) all conditions precedent with respect to such disbursement haven satisfied, and ( c) the amount of such disbursement is for a Project Cost as defined herein, ( d) is accompanied by a bill or statement of account (if any) for each obligation and (e) no Event of Default has occurred under the Indenture, ( d) this request meets the requirements of the Indenture. All payments shall be made in accordance with the payment instructions set forth on Schedule I attached hereto, and the Trustee shall have no duty or obligation to authenticate such payment instructions or authorization thereof. Dated: September 19th, 2023 BEAUMONT FINANCING AUTHORITY c/o CITY OF BEAUMONT By:---------------Authorized Representative Page 56 of 339 Page 57 of 339 Page 58 of 339 Page 59 of 339 Page 60 of 339 Page 61 of 339 Page 62 of 339 Page 63 of 339 Page 64 of 339 Page 65 of 339 Page 66 of 339 Page 67 of 339 Page 68 of 339 Page 69 of 339 Page 70 of 339 Page 71 of 339 Page 72 of 339 Page 73 of 339 Page 74 of 339 Page 75 of 339 Page 76 of 339 Page 77 of 339 Page 78 of 339 Page 79 of 339 Page 80 of 339 Page 81 of 339 Page 82 of 339 Page 83 of 339 Page 84 of 339 Page 85 of 339 Page 86 of 339 Page 87 of 339 Page 88 of 339 Page 89 of 339 Page 90 of 339 Page 91 of 339 Page 92 of 339 Page 93 of 339 Page 94 of 339 Page 95 of 339 Page 96 of 339 Page 97 of 339 Page 98 of 339 Staff Report TO: City Council FROM: Christina Taylor, Deputy City Manager DATE September 19, 2023 SUBJECT: Second Reading of an Ordinance Temporarily Suspending Off -Street Parking Requirements for Existing Non-residential Structures in the Downtown District a as identified in the Downtown Districts Map Description A request by the Planning and Economic Development Departments to establish an ordinance temporarily suspending off-street parking requirements for existing, non-residential structures in the Downtown District as defined by the Downtown District’s map boundaries. The proposed ordinance would be in effect for a period not to exceed eighteen (18) months. Background and Analysis: Over the past several years, staff has been making incremental progress on assessing the needs of downtown businesses. In 2018, the City adopted an Economic Development Strategic Plan. In 2020, the City received a grant for a Parking Management Master Plan. In 2021, the General Plan Update was adopted. In 2022, at the direction of City Council, the City’s Economic Development Department began the process of developing the Downtown Beaumont Revitalization Plan (DBRP) and in 2023, City Council engaged in developing a Strategic Plan. Each of these have contributed to the evaluation of and adjustments to how City staff approaches various processes and programs. One of the main programs staff is currently running through the Economic Development Department are the Downtown Incentives. These provide an array of financial and staff assistance to current and future businesses. As staff conducts site visits and reviews proposals, various issues have been identified as barriers to opening a business. Programs are currently in place to assist with many of these issues such as pre- inspections and pre-application fee waivers, grease interceptor cost sharing and façade improvements. In addition to these, a program for helping with fire sprinkler installation and/or retrofit is being proposed this evening as part of tonight’s agenda. Page 99 of 339 With programs in place to address the bulk of the structural issues, on -site parking requirements remain a barrier to many businesses. A majority of the lots and buildings in the Downtown District (Attachment B) were created and constructed decades ago. Current parking standards were adopted in 2007 and are applied City wide. These standards do not take into consideration the site constraints of downtown properties and are not conducive to facilitating revitalization in downtown. The City Council has adopted a number of documents which contain goals or action items to implement throughout the City. The following are a few goals or actions related to Downtown: Economic Development Strategic Plan (2018) ENTREPRENEURIAL DEVELOPMENT D. Incorporate real estate development / revitalization programs into entrepreneurial development programs, as appropriate to the extent that entrepreneurs’ space -using options are currently constrained. REAL ESTATE DEVELOPMENT AND REVITALIZATION/REDEVELOPMENT A. Continually monitor coordination efforts between the General Plan and other research work and economic development objectives and actions. For example: • Explicitly relate planned commercial/industrial areas to industry targets and the City’s overall economic development approach. • Show how areas designated for revitalization relate to economic development targets and programs. • Show how the repurposing of certain structures/areas can support startup companies. The intent of this ongoing monitoring effort would be to ensure that the City’s various development-related policies remain in sync and, when appropriate, to make future policy adjustments to maximize the alignment of these closely related programs. C. Create and market incentives for redevelopment / revitalization of older properties (potentially including non-financial incentives such as expedited entitlements and permit processing) E. As appropriate, contact the owners of commercial properties that might benefit from revitalization efforts to assess interest and potential partnerships or other forms of public support to achieve revitalization / redevelopment goals. PLACEMAKING B. Identify and promote actions to encourage the placemaking potential of the Downtown area within the framework of the Downtown Specific Plan. Page 100 of 339 General Plan (2021) Goal 5.1: A dynamic local economy that attracts diverse business and investment. 5.1.5 Maintain a regulatory environment that is business friendly, easy to navigate, flexible and encourages growth consistent with the General Plan. 5.1.7 Support a variety of revitalization and improvement programs focused on placemaking and beautification, such as façade improvements, public gathering places, public art, and community events. (Also see Land Use and Community Design Element). Goal 5.4: A community that supports the growth and prosperity of local businesses. 5.4.3 Encourage investment and focus revitalization efforts in Downtown and along Beaumont Avenue and Second Street corridors to have the most positive impact on existing businesses and to capitalize on the potential of a walkable mixed -use commercial center in the community. Goal 5.5: A community with vibrant shopping areas. 5.5.7 Create development regulations that facilitate adaptive reuse of older buildings. Parking Management Master Plan (2021) Short-Term Recommendations (1-2 years) 3) Lower parking requirements for the downtown area The Parking Management Master Plan identified a parking surplus of 828 spaces on - street and off-street, in the Downtown Core Subarea which aligns with the Downtown District shown in Attachment B. City Council Strategic Plan (2023) Priority Level 3 Goals:  Develop a pedestrian style downtown with shopping, restaurants, and parking (Target #3, Goal #2)  Recruit and attract businesses, including an anchor tenant, downtown hotel, and medical providers (Target #3, Goal #4)  Revisit the City’s Municipal Codes and Zoning (Target #3, Goal #6) Through the revitalization efforts and incentive program applications, staff has encountered instances where a property has no parking or very minimal parking on -site. This means in many cases a business cannot occupy a property or cannot expand their existing business to add space, due to the parking requirements. This is a particular issue in the heart of downtown. As the DBRP nears completion, the Planning Department is beginning the process of updating the City’s zoning code. As part of both of these processes, utilizing previous Page 101 of 339 and current data, downtown parking standards (among other things) will be assessed, and revisions recommended. In the interim, to assist with continuing progress on meeting Council’s goals and to facilitate continued interest in the downtown, staff is proposing temporary relief (not exceeding 18 months), from parking standards, specific to existing, non -residential structures in the Downtown District while the DBRP and Zoning Code Update are completed. Planning Commission At a public hearing held on August 23, 2023, this item was presented to the City’s Planning Commission. There were no public comments on this item. Planning Commission concurred with staff and forwarded a recommendation of approval to City Council. Environmental Determination In accordance with California Environmental Quality Act (CEQA) Guidelines, Section 15304(e), adoption of this ordinance is categorically exempt from CEQA, because it results in a minor, temporary alteration in the use of land which will have no permanent effect on the environment. Fiscal Impact: The cost to prepare this staff report and ordinance is approximately $1,000. At the September 5, 2023, City Council meeting, the Council by a vote of 5 -0 waived the first full reading and approved the ordinance. Fiscal Impact: The cost to prepare this staff report and ordinance is approximately $1,000. Recommended Action: Waive the second full reading and approve by title only “An Ordinance of the City Council of the City of Beaumont Temporarily Suspending Parking Requirements for Existing, Non-residential Structures in the Downtown District for a Period not to Exceed Eighteen (18) Months.” Attachments: A. Ordinance B. Downtown Districts Map C. Proof of Publication Page 102 of 339 1 ORDINANCE NO._____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, SUSPENDING PARKING REQUIREMENTS FOR EXISTING NON-RESIDENTIAL STRUCTURES IN THE DOWNTOWN DISTRICT AS IDENTIFIED IN THE DOWNTOWN DISTRICTS MAP FOR A PERIOD OF EIGHTEEN (18) MONTHS WHEREAS, the City Council desires to promote and encourage business activity in the downtown area of the City; and WHEREAS, there are vacant buildings in downtown Beaumont built in decades past which cannot be utilized for their intended uses due to lacking the number of parking spaces required by the City’s current parking requirements; and WHEREAS, Vacant buildings are a threat to public peace, health, safety and welfare as they contribute to blight, are a drain on City resources and fail to generate much needed business activity in downtown Beaumont. WHEREAS, The City of Beaumont is in the process of preparing a Downtown Revitalization Plan and updating the zoning code, both of which envision a City structure that enhances the quality of life of the residents, enhances the health safety and welfare of the community, meets the community’s vision for the future, and connects new growth areas together with established Beaumont neighborhoods; and WHEREAS, Current parking requirements do not support the City’s goals of achieving revitalization in the Downtown and promoting a vibrant, walkable environment and promoting the aesthetic and fiscal health of the community. WHEREAS, a duly noticed public hearing was conducted on this ordinance as required by law by the Planning Commission on August 23, 2023; and WHEREAS, the City Council of the City of Beaumont has reviewed the reasons for the recommendation of approval by the Planning Commission as described above; THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS: Page 103 of 339 2 SECTION 1: The City Council hereby finds that the temporary suspension of parking requirements established in Beaumont Municipal Code Chapter 17.05, in the downtown area, is consistent with the adopted policies in the City of Beaumont Economic Development Strategic Plan and the General Plan of the City of Beaumont. For purposes of this ordinance, the downtown area is defined in Exhibit “A”, attached hereto and made a part hereof by this reference. The suspension of Beaumont Municipal Code Chapter 17.05 shall end on the earlier of April 30, 2025 or when the City Council adopts the new zoning ordinance that is currently under review. SECTION 2: The City’s General Plan and the Economic Development Strategic Plan include specific goals and policies that aim to promote fiscal stability and business growth. Specifically, goals of the City’s General Plan provide for maintaining and, where appropriate expanding the City’s commercial base and promoting development of modern and attractive business activities that will enhance the City’s economic well- being. The Safety Element of the General Plan strives to take public health safety and welfare impacts into consideration and incorporate measures to mitigate the likelihood of visual blight, nuisance and criminal activity. Due to the City’s need to update the Zoning Code and Economic Development Strategic Plan, it is important that the City study and evaluate options available to it regarding regulation of parking in the Downtown area to prevent the adverse impacts that may result from unoccupied buildings in the City’s downtown. SECTION 3: In accordance with California Environmental Quality Act (CEQA) Guidelines, Section 15304(e), adoption of this ordinance is categorically exempt from CEQA, because it results in a minor, temporary alteration in the use of land which will have no permanent effect on the environment. SECTION 4: This Ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage the City Clerk shall cause a summary to be published in a newspaper of general circulation, printed and published in the City of Beaumont, in a manner prescribed by law for publishing of ordinances of said City. Page 104 of 339 3 AYES: NOES: ABSENT: ABSTAIN: _______________________________ Julio Martinez, Mayor Attest: _______________________________ Deputy City Clerk Approved as to form: _______________________________ John O. Pinkney, City Attorney Page 105 of 339 Page 106 of 339 Downtown Parking (5209298) - Page 2 of 2 Page 107 of 339 Staff Report TO: City Council FROM: Carole Kendrick, Planning Manager DATE September 19, 2023 SUBJECT: Second Reading of an Ordinance Amending the Beaumont Municipal Chapter 17.08 “Nonconforming Uses” Description Second reading for amendments to Nonconforming Uses Chapter 17.08 of the Beaumont Municipal Code. Background and Analysis: Planning staff is proposing updates to the Nonconforming Uses section of the Beaumont Municipal Code to address issues that have been identified recently with several properties, in addition to reducing the period of time in which a nonconforming use or structure can be considered legal nonconforming. Nonconforming is described in Beaumont Municipal Code Chapter 17.14.060 and generally describes nonconforming uses as previously approved uses that are no longer allowed in the zone. Nonconforming structures are previously permitted structures that may no longer be allowed in the zone and/or do not comply with current development standards. There have been several instances where a nonconforming use has failed to keep a current business license for a year or longer, but due to the language in the current Nonconforming Uses section of the Municipal Code, staff has been unable to deny renewals for nonconforming uses. The proposed addition of “legal” use and “fails to keep a current business license” will provide staff with the ability to enforce the current zoning code and encourage business owners to keep their business licenses valid. The loss of nonconforming status is recommended to go from one (1) year to six (months) consistent with most jurisdictions including the surrounding cities of Calimesa, Banning, San Jacinto and Hemet. Clarifying language has been added to Section 17.08.030.A.1 to include accessory structures and/or improvements that continue the nonconformity. The recommended language will address concerns raised during the building permit plan review process. Page 108 of 339 Section 17.08.030.B.1 has been updated to reflect the following changes: Additions to Structures that are 25 percent or Less of the Total Floor Area Excluding Garages. An enlargement, extension, reconstruction or structural alteration of a structure that is nonconforming and does not exceed 25 percent of the existing total floor area, excluding garages, may be allowed if the additions or improvements conform to all other applicable provisions of the development code, and the exterior limits of the new construction do not exceed the applicable height limit or encroach any further into the setbacks than the comparable portions of the existing building. If the nonconforming structure is in a residential zone, the applicant shall provide a certified notification letter to any applicable homeowner association and all adjacent property owners 14 days in advance of approval of a zoning clearance. This provision can only be used once e very five years. Any additional changes to structure which exceed s a total of 25 percent within five years from the issuance of a building permit may be allowed with subject to approval of a conditional use permit approval. The proposed modifications to the Nonconforming Uses section of the Beaumont Municipal Code will further advance the vision for the Downtown and the 2040 General Plan and discourage the long-term continuance of nonconformities. CEQA: The City has analyzed this proposed project and has determined that is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. The proposed ordinance in itself does not relate to any physical project and will not result in any physical change to the environment and does not affect the land use or density limitations of the General Plan. Therefore, it can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment, and therefore, the adoption of this Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. Public Communications Received: A 10-day public notice was placed in the Press Enterprise on August 11, 2023. At the time of report preparation, the Planning Department has not received any letters of comment from the public in favor or opposition to the project. Any comments received prior to the time of the scheduled City Council meeting will be provided to the Council at the time of the public hearing. Proof of publication is included as Attachment C to this staff report. Page 109 of 339 Planning Commission: The Beaumont Municipal Code Section 17.02.080.E authorizes the Planning Commission to recommend to the City Council approval, approval with modifications, or denial of the proposed application. The amended nonconforming language was presented to the Planning Commission during a public hearing on August 23, 2023. The Planning Commission by a vote of 3-0 is recommending approval of the amendments to Nonconforming Uses Chapter 17.08 of the Beaumont Municipal Code. City Council Authority: The Beaumont Municipal Code Section 17.02.080.G states that upon receipt of a Planning Commission resolution recommendation for approval of a change of zone or zoning ordinance amendment, or denial of a zoning ordinance text amendm ent, the City Clerk shall set the matter for hearing before the City. At the hearing, the City Council shall review the Commission's recommendation and receive evidence as to how or why the proposed change of zone or zoning ordinance text amendment is cons istent with the objectives of this Zoning Ordinance, the City of Beaumont General Plan, and development policies of the City. The City Council shall act to approve or deny the application by resolution. At the September 5, 2023, City Council meeting, th e Council by a vote of 5-0 waived the first full reading and approved the proposed amendment. Findings: The Beaumont Municipal Code Section 17.02.080.I requires the City Council to make the following findings of fact before approving a change of zone or zoning ordinance text amendment: 1. That the proposed change of zone or zoning ordinance text amendment is consistent with the goals, policies, and objectives of the General Plan. The proposed modification to the ordinance is consistent with the goals, policies, and objectives of the General Plan. The proposed amendment will further assist the City in realizing the vision for the Downtown that is included in the 2040 General Plan as Chapter 11. Page 110 of 339 2. That the proposed change of zone or zoning ordinance text am endment will not adversely affect surrounding properties. The proposed zoning ordinance text amendment will not adversely affect surrounding properties as it will discourage the use of nonconforming uses and structures. 3. That the proposed change of zone or zoning ordinance text amendment promotes public health, safety, and general welfare and serves the goals and purposes of this Zoning Ordinance. The proposed zoning ordinance text amendment promotes public health, safety, and general welfare and serves the goals and purposes of the Zoning Ordinance. The reduction in the time that a nonconforming use or structure can retain the pre-existing status will further assist the City in implementing the 2040 General Plan. Fiscal Impact: The cost to prepare this staff report is approximately $300.00. Recommended Action: Waive the second reading and adopt by title only “An Ordinance of the City Council of the City of Beaumont Amending the Beaumont Municipal Code Chapter 17.08 ‘Nonconforming Uses’.” Attachments: A. Draft Ordinance B. Redlined Draft of Municipal Code Chapter 17.08 “Nonconforming Uses” C. Proof of Publication Page 111 of 339 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING CHAPTER 17.08 “NONCONFORMING USES”, OF THE BEAUMONT MUNICIPAL CODE. WHEREAS, the City Council desires to amend the Nonconforming Uses section of the Beaumont Municipal Code to clarify language and reduce the period of time in which a nonconforming use or structure losses nonconforming status in order to promote public health, safety and welfare while providing tools to further implement the 2040 General Plan and the vision for the Downtown; and WHEREAS, the City has proposed to amend Chapter 17.08 “Nonconforming Use” to establish consistent standards for nonconforming uses and structures in the Beaumont Municipal Code; and WHEREAS, duly noticed public hearing was conducted on this matter as required by law by the Planning Commission on August 23, 2023; and WHEREAS, the Planning Commission recommends that the City Council approve the proposed amendments to the Municipal Code Chapters; and WHEREAS, following the Planning Commission’s recommendation, the City Council has approved the amendment to Chapter 17.08 “Nonconforming Use” to establish consistent standards for nonconforming uses and structures in the Beaumont Municipal Code; and WHEREAS, duly noticed public hearing was conducted on this matter as required by law by the City Council on September 5, 2023; and WHEREAS, the City Council of the City of Beaumont has reviewed the reasons for the recommendation of approval by the Planning Commission as described above; THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The City Council hereby finds that the amendment to Chapter 17.08 “Nonconforming Uses” to establish consistent standards for nonconforming uses and structures in the Beaumont Municipal Code, is consistent with the adopted policies in the Beaumont Municipal Code and the General Plan of the City of Beaumont. SECTION 2: The amendment of Chapter 17.08.060 “Nonconforming Uses”, attached hereto as Exhibit "A", is hereby approved. SECTION 3: 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 amendments constitute a minor alteration in a land Page 112 of 339 use limitation under CEQA Guidelines Section 15305, and such a land use limitation is a permissible exercise of the City's zoning powers.. SECTION 4: This Ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage the City Clerk shall cause a summary to be published in a newspaper of general circulation, printed and published in the City of Beaumont, in a manner prescribed by law for publishing of ordinances of said City. MOVED AND PASSED upon first reading this 5th day of September, 2023, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this 19th day of September, 2023, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Julio Martinez, Mayor Attest: ______________________ Nicole Wheelwright, Deputy City Clerk Approved as to form: _______________________ John O. Pinkney, City Attorney Page 113 of 339 TITLE 17 ‐ ZONING  Chapter 17.08 NONCONFORMING USES        Beaumont, California, Code of Ordinances    Created: 2023‐05‐25 08:14:34 [EST]  (Supp. No. 7, Update 3)    Page 1 of 3  Chapter 17.08 NONCONFORMING USES  17.08.010 Purpose and authority.  This chapter establishes uniform provisions for the regulation of legal nonconforming structures, legal land  uses and lots. Within the zoning districts established by title, there exist structures, land uses and lots that were  lawful prior to the adoption, or amendment of this development code, but which would be prohibited, or  regulated or restricted differently under the terms of this development code or future amendments. It is the intent  of this development code to discourage the long‐term continuance of these nonconformities, but to permit them  to exist under limited conditions.   ( Ord. No. 1128 , § 2(Exh. B), 12‐1‐2020)  17.08.020 Applicability.  This Chapter applies to all zone districts and to any parcels or structures in the City Beaumont that are  nonconforming.   ( Ord. No. 1128 , § 2(Exh. B), 12‐1‐2020)  17.08.030 Restrictions regarding nonconforming structures and uses.  Nonconformities may be continued subject to the following provisions, except as otherwise provided by this  Section 17.08.   A. Nonconforming Uses of Land. A legal nonconforming use of land or within a structure may be  continued, transferred or sold, provided that the use shall not be:   1. Enlarged or increased including adding accessory structures and/or improvements; and  2. Be extended to occupy a greater area than it lawfully occupied before becoming a  nonconforming use, except when the review authority finds that the modification provides a  public safety benefit (e.g., safer traffic flow) and the modification is otherwise consistent with  this Chapter; and   3. No additional uses shall be established on the site unless the nonconforming use is first  discontinued, and any replacement use shall comply with all applicable provisions of this  development code.   B. Nonconforming Structures. A legal nonconforming structure may continue to be used as follows:   1. Additions to Structures that are 25 percent or Less of the Total Floor Area Excluding Garages. An  enlargement, extension, reconstruction or structural alteration of a structure that is  nonconforming and does not exceed 25 percent of the existing total floor area, excluding  garages, may be allowed if the additions or improvements conform to all other applicable  provisions of the development code, and the exterior limits of the new construction do not  exceed the applicable height limit or encroach any further into the setbacks than the comparable  portions of the existing building. If the nonconforming structure is in a residential zone, the  applicant shall provide a certified notification letter to any applicable homeowner association  and all adjacent property owners 14 days in advance of approval of a zoning clearance. This  Page 114 of 339           Created: 2023‐05‐25 08:14:34 [EST]  (Supp. No. 7, Update 3)    Page 2 of 3  provision can only be used once per structure every five years. Any additional changes to  structure which exceedsexceed a total of 25 percent within five years from the issuance of a  building permit may be allowed with subject to approval of a conditional use permit approval.   2. Additions to Structures that are Greater Than 25 Percent of Total Floor Area Excluding Garages.  The enlargement, extension, reconstruction or structural alteration of a structure that is  nonconforming and which exceeds 25 percent of the existing total floor area, excluding garages,  may be allowed with subject to approval of a conditional use permit approval if the additions or  improvements conform to all other applicable provisions of the development code and the  exterior limits of the new construction do not exceed the applicable height limit or encroach any  further into the setbacks than the comparable portions of the existing building. The applicant  must provide a certified notification letter to any applicable homeowner association, the  required application, submittal requirements, and fees prior to scheduling a public hearing.   3. Maintenance and Repair. A nonconforming structure may undergo normal maintenance and  repairs, provided no structural alterations are made (exception: see subsection 4, following), and  the work does not exceed 15 percent of the appraised value of the structure as shown in the  Riverside County assessor's records in any one year period, unless the commission allows more  extensive work through conditional use permit approval after finding that the additional work  will not prolong the duration of the nonconforming use; and   4. Seismic Retrofitting. Reconstruction required to reinforce un‐reinforced masonry structures shall  be permitted without cost limitations, provided the retrofitting is limited exclusively to  compliance with earthquake safety standards.   C. Nonconforming Use of a Conforming Structure. The legal nonconforming use of a building that  otherwise conforms with all applicable provisions of this chapter may be continued, transferred and  sold, as follows:   1. Expansion of Use. The nonconforming use of a portion of a structure may be extended  throughout the building with subject to approval of a conditional use permit approval.   2. Substitution of Use. The nonconforming use of a structure may be changed to a use of the same  or more restricted nature, with conditional use permit approval.   D. Destroyed Structure. The reconstruction of a structure damaged by fire or calamity, which at the time  was devoted to a nonconforming use may be authorized by thesubject to approval of a conditional use  permit approval, provided that reconstruction shall occur within 12 months after the date of the  damage, and the reconstructed building shall have no greater floor area than the one destroyed and if  the improvements conform to all other applicable provisions of the development code and the exterior  limits of the new construction do not exceed the applicable height limit or encroach into the setbacks.   ( Ord. No. 1128 , § 2(Exh. B), 12‐1‐2020)  17.08.040 Loss of nonconforming status.  If a legal nonconforming use of land or a legal nonconforming use of a conforming structure is discontinued  for a continuous period of one yearsix months, it shall be presumed that the use has been abandoned. If a legal  nonconforming use of land or a legal nonconforming use of a conforming structure becomes a public nuisance, its  use may be abated subject to applicable due process requirements.  Without further action by the City, further use  of the site or structure shall comply with all the regulations of the applicable zoning district and all other applicable  provisions of this Zoning Code.   ( Ord. No. 1128 , § 2(Exh. B), 12‐1‐2020)  Page 115 of 339           Created: 2023‐05‐25 08:14:34 [EST]  (Supp. No. 7, Update 3)    Page 3 of 3  17.08.050 Nonconforming lots.  A nonconforming lot of record that does not comply with the access, area or width requirements of this  development code for the Zone District in which it is located, shall be considered to be a legal building site if it  meets one of the criteria specified by this section. It shall be the responsibility of the applicant to produce  sufficient evidence to establish the applicability of one or more of the following.   A. Approved Subdivision. The lot was created through a subdivision approved by the County of Riverside  or the City of Beaumont.   B. Individual Lot Legally Created by Deed. The lot is under one ownership and of record and was legally  created by a recorded deed prior to the effective date of the zoning amendment that made the parcel  nonconforming.   C. Variance or Lot Line Adjustment. The lot was approved through the variance procedure or resulted  from a lot line adjustment.   D. Partial Government Acquisition. The lot was created in conformity with the provisions of this  development code, but was made nonconforming when a portion of the lot was acquired by a  governmental entity so that the lot size is decreased not more than 20 percent and the yard facing any  road was decreased not more than 50 percent.   E. Where structures have been erected on a nonconforming lot, the area where structures are located  shall not be later divided so as to reduce the building site area and/or frontage below the requirements  of the applicable zoning district or other applicable provisions of this Zoning Ordinance, or in any way  that makes the use of the parcel more nonconforming.   ( Ord. No. 1128 , § 2(Exh. B), 12‐1‐2020)  17.08.060 Reserved.    Page 116 of 339 Nonconforming & ODS (5209298) - Page 1 of 1 The Press-Enterprise 3512 14 Street Riverside, California 92501 (951) 368-9229 City of Beaumont 550 E. 6th Street Beaumont, California 92223 Publication: The Press-Enterprise PROOF OF PUBLICATION OF Ad Desc: 0011617909 FILE NO. 0011617909 PROOF OF PUBLICATION I am a citizen of the United States. I am over the age of eighteen years and not party to or interested in the above- entitled matter. I am an authorized representative of THE PRESS- ENTERPRISE, a newspaper of general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673, under date of August 25, 1995, Case Number 267864, and under date of September 16, 2013, Case Number RIC 1309013; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit: 08/11/2023 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Date: August 11, 2023. At: Riverside, California ______________________________ Signature Page 117 of 339 Staff Report TO: City Council FROM: Robert Vestal, Interim Public Works Director DATE September 19, 2023 SUBJECT: First Amendment to the Professional Services Agreement with SGH Architects for the City Hall Renovations Project, in an Amount Not to Exceed $48,875 – Capital Improvement Project (CIP) CF-104 Description Approve an amendment to the professional services agreement with SGH Architects for the City Hall Renovations Project, in an amount not to exceed $48,875. Background and Analysis: The City Hall Renovations Project will provide various improvements to City Hall. These improvements include renovations to existing restrooms; the addition of a new restroom and mother’s room; new office and cubicle spaces; new customer service counters; new roofing; and upgrades to HVAC, plumbing, electrical, fire sprinklers, and fire alarm systems. On August 3, 2021, the City approved a Professional Services Agreement with SGH Architects for the design of the City Hall Renovations project. The design portion of the agreement was completed in January of 2023. The design scope also included construction administration services, including RFI and submittal review, preparation of revised drawings, change order review, and record drawings. In March of 2023 the construction contract was awarded to Dalke Construction. Throughout construction, SGH Architects has continued to provide construction administration services. Additional items have come up during construction that have extended the scope of the construction services. These include the design of extensive ADA ramp improvements; and preparation of construction bulletins and revised drawings for fire rated walls, additional HVAC ducting, additional plumbing and electrical changes, and changes to office wall framing. Additional construction support services and RFI reviews have also been necessary due to unforeseen conditions during construction. Page 118 of 339 SGH Architects has provided a scope and fee for these additional construction administration services. An amendment to the professional services agreement is recommended to cover these costs. Project Status Update: SGH Architects is continuing to review RFI’s, approve construction submittals, and provide construction bulletins and revised drawings for construction changes. They recently provided revised drawings for changes to wall framing and HVAC and are currently finalizing design changes to the ADA ramps. Construction is anticipated to be substantially complete by the end of the year. Fiscal Impact: The following table provides an overview of the current project funding, project budget, and remaining budget. CF-104 City Hall Renovation Project Accounting Summary Funding Summary Funding Year Funding Source Amount 18/19 Basic Service DIF $1,000,000.00 21/22 SLFRF $1,200,000.00 22/23 ISF04 - HVAC $275,812.00 22/23 ISF09 - BUILDING B WINDOWS $26,000.00 22/23 ISF03 - BATHROOMS $100,000.00 22/23 ISF02 - FIRE SPRINKLER $403,504.00 22/23 ISF01 - ROOF $313,071.00 Total Project Funding = $3,318,387.00 Budget Summary Project Component Budget Encumbered Paid to Date Remaining Budget Project Management $0.00 $0.00 $0.00 $0.00 Preliminary Services $250,797.00 ($250,137.37) ($250,136.62) $659.63 Environmental $0.00 $0.00 $0.00 $0.00 Design $181,000.00 ($181,000.00) ($168,330.01) $0.00 Construction $2,708,032.00 ($2,500,983.00) ($1,143,176.02) $207,049.00 Construction Services $0.00 $0.00 $0.00 $0.00 Permits $800.00 $0.00 $0.00 $800.00 Page 119 of 339 Equipment $177,758.00 ($177,757.62) ($177,151.54) $0.38 Project Summary Totals $3,318,387.00 ($3,109,877.99) ($1,738,794.19) $208,509.01 The recommended amendment to the professional services agreement in an amount not to exceed $48,875 will bring the total contract amount for professional design and construction services with SGH Architects to $239,875. Funding for the contract amendment will be paid from the available CIP budgets for construction as shown in the preceding tables. The estimated cost to prepare this report is $750. Recommended Action: Approve the first amendment to the professional services agreement with SGH Architects for the City Hall Renovations Project, in an amount not to exceed $48,875. Attachments: A. First Amendment to PSA with SGH Architects B. SGH Amendment #1 Scope & Fee C. Levine Act Statement Page 120 of 339 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BEAUMONT AND SGH ARCHITECTS FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR CITY HALL RENOVATIONS (CIP CF-104) THIS FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 19th_ day of _September_, 2023, by and between the CITY OF BEAUMONT, a general law city, (“CITY”) whose address is 550 E. 6th Street, Beaumont, California 92223 and SGH ARCHITECTS, a California corporation whose address is 707 Brookside Ave, Redlands, CA 92373 (“CONTRACTOR”) in consideration of the mutual promises and purpose contained herein, the parties agree as follow: 1. RECITALS This First Amendment is made with respect to the following facts and purpose that the parties agree are true and correct: A. On August 3, 2021, the City and SGH ARCHITECTS, entered into that certain agreement entitled “Agreement for Professional Services by Independent Contractor” for ARCHITECTURAL DESIGN SERVICES FOR THE CITY HALL RENOVATION PROJECT (“Agreement”). B. City has requested a further change in scope to the work under the Agreement regarding additional construction administration services and CONTRACTOR has requested that the scope of work should be increased as provided in the Proposal dated July 13, 2023, a copy of which is attached hereto as Exhibit “A”, and incorporated herein by this reference. 2. AMENDMENT Section 2 of the Agreement is hereby amended to add to the Services those services identified in the Proposal attached hereto as Exhibit “A”. Section 4.01 of the Agreement is hereby amended to increase the maximum compensation under the Agreement as follows: Under previous Amendments, compensation was set at one hundred and ninety-one thousand dollars ($191,000). Per this First Amendment, compensation is increased by the maximum amount of forty-eight thousand, eight hundred and seventy-five dollars ($48,875) as provided in the Proposal attached hereto as Exhibit “A” resulting in total compensation under the Agreement not to exceed two hundred and thirty-nine thousand, eight hundred and seventy-five dollars ($239,875). The recitals to this Amendment are deemed incorporated herein by this reference. All other terms of the Agreement not expressly amended by this Amendment shall remain in full force and effect. Page 121 of 339 IN WITNESS WHEREOF, the parties hereby have made and executed this Fourth Amendment to Professional Services Agreement to be effective as of the day and year first above-written. CITY: CITY OF BEAUMONT By: ________________________________ Julio Martinez III, Mayor ATTEST City Clerk APPROVED AS TO FORM John Pinkney, City Attorney CONTRACTOR: ___SGH ARCHITECTS________________ By: ______________________________ Print Name: _______________________ Title: _____________________________ Page 122 of 339 EXHIBIT “A” PROPOSAL DATED July 13, 2023 Page 123 of 339 707 BROOKSIDE AVENUE, REDLANDS CA 92373 | 909.375.3030 | SGHARCH.COM FOCUS | CREATE | DELIVER July 13, 2023 Mr. Dustin Christensen, PE Principal Engineer City of Beaumont 550 E. 6th Street Beaumont, CA 92223 Re: Additional Services Request – Unforeseen Existing Conditions/Added Construction Administration Beaumont City Hall Renovations SGH Architects Project No: 21-60100-00 Dear Dustin, SGH Architects is pleased to submit the following Proposal to provide Additional Architectural and Engineering Design Services for the above-referenced Project. 1.0 PROJECT DESCRIPTION 1.1 Provide additional Construction Administration Services relative to addressing unforeseen structural and mechanical conditions. These unforeseen conditions create additional work/re -design of mechanical systems, plumbing systems, structural systems, and architectural design of the spaces. 1.2 Provide field topographic survey and design for new publicly accessible and ADA -compliant ramp and stair connecting the accessible parking and public way (east sidewalk) to the accessible north entrance of the City Hall Building, Reconstruction of the existing landing area, the existing north access ramp and existing east access ramp will be required. 2.0 SCOPE OF SERVICES 2.1 Additional Construction Administration Scope: Provide additional support and supplemental design (Architectural/MEP/Structural) to address unforeseen conditions to ensure that the intent of the original design is retained to the extent possible . 2.1.1 Issue supplemental instruction through Instruction Bulletins to the Contracting Team for design change pricing and implementation. Scope includes submittal to Building Official for approval as required. 2.2 North and East Site Accessibility Improvements Scope: The existing exterior access paths from the accessible north parking area and east public way to the back corridor entrance are non-accessible. This path of travel was a requirement as noted on the Commercial Plan Corrections list as prepared by the City Plan Check consultant and was noted to be deferred. Completing this portion of the work provides the code-required accessible paths. 2.2.1 Prepare topographic survey of the northern and eastern City Hall (adjacent to building, location of existing non-compliant path) site area for the development of a grading plan in the area. 2.2.2 Prepare precise grading plan and horizontal control plan for the required improvements for accessible path of travel/ramp(s) and new stairs. Page 124 of 339 Mr. Dustin Christensen, Principal Engineer City of Beaumont – Unforeseen Existing Conditions/Added Construction Administration July 13, 2023 2.2.3 Prepare all required architectural ramp, curb, railing, surface treatment and signage design/details. 2.3 Up to two (2) additional meetings are included in this added scope. 2.4 Includes Project Close-Out Services as required. 2.5 The remaining terms, exclusions and assumptions remain unchanged according to the SGH Architects Professional Services Agreement dated August 3, 2021. 3.0 PROFESSIONAL FEE AND SCHEDULE 3.1 SGH Architects proposes to provide the additional services in accordance with the Scope of Services outlined within Section 2.0 above for an additional fixed fee of Forty-Eight Thousand Eight Hundred Seventy-Five Dollars ($48,875). 3.1.1 Fee by Project Component ▪ Additional Construction Administration Effort $22,500 ▪ Site Ramp/Stair Accessibility Improvements $26,375 3.2 It is anticipated that this additional scope will be completed with Construction Documents within sixty (60) calendar days following the issuance of the Notice to Proceed with this added scope. We look forward to working with you, and the City of Beaumont Team on this project. If you should have any questions, please do not hesitate to give me a call. Sincerely, SGH Architects, Inc. Michael J. Stephens, AIA, NCARB Managing Partner cc: T. Huckins, Accounting, File Page 125 of 339 Executed Original Professional Services Agreement with SGH Architects EXHIBIT "A" Page 126 of 339 Page 127 of 339 Page 128 of 339 Page 129 of 339 Page 130 of 339 Page 131 of 339 Page 132 of 339 Page 133 of 339 Page 134 of 339 Page 135 of 339 Page 136 of 339 Page 137 of 339 Page 138 of 339 Page 139 of 339 Page 140 of 339 Page 141 of 339 Page 142 of 339 Page 143 of 339 Page 144 of 339 Page 145 of 339 California Levine Act Statement California Government Code Sec on 84308, commonly referred to as the "Levine Act," prohibits any Beaumont City Council Member from par cipa ng in any ac on related to a contract or applica on if he or she receives any poli cal contribu ons totaling more than $250 within the previous twelve months, and for three months following the date a final decision from the business or applicant. The Levine Act also requires a member of the Beaumont City Council who has received such a contribu on to disclose the contribu on on the record of the proceeding. Current Beaumont City Council Members are listed at: h-ps://www.beaumontca.gov/29/City-Council Proposers are responsible for accessing this link to review the names prior to answering the following ques ons. 1. Have you or your company, or any agent on behalf of you or your company, made any poli cal contribu ons of more than $250 to any Beaumont City Council Member in the 12 months preceding the date of the submission of your proposal or applica on, or the an cipated date of any Council ac on? ___ YES If yes, please iden fy the Council Member(s): __X_ NO 2. Do you or your company, or any agency on behalf of you or your company, an cipate or plan to make any poli cal contribu on of more than $250 to any Beaumont City Council Member in the 12 months following any Council ac on related to your proposal or applica on? ___ YES If yes, please iden fy the Council Member(s): _X__ NO Answering yes to either of the two ques ons above does not preclude the Beaumont City Council from awarding a contract or approving an applica on or any subsequent ac on. It does however, preclude the iden fied Council Member(s) from par cipa ng in any ac ons related to your proposal or applica on. __August 11, 2023_ _____________________________ Date Signature of authorized individual ________EXP U.S. Services Inc.____ Company/Applicant Name City of Beaumont | 550 E. 6th Street, Beaumont, CA 92223 | (951) 769-8520 | BeaumontCA.gov September 6, 2023 Michael Stephens, SGH Architects Page 146 of 339 Staff Report TO: City Council FROM: Carole Kendrick, Planning Manager DATE September 19, 2023 SUBJECT: Code Amendment to Several Sections within Chapter 17 of the Beaumont Municipal Code to Establish Objective Design Standards Description Presentation of the Public Hearing Draft of the Objective Design Standards and Ordinance Amendment to modify amend Chapter 17.03.060 “Residential, Single-Family Zone”, Chapter 17.06.065 “Residential, Traditional Neighborhood”, Chapter 17.09.040 “Downtown Mixed-Use Zone”, Chapter 17.19.060 “Sixth Street Mixed-Use Zone”, and Chapter 17.19.070 “Sixth Street Mixed-Use Residential Zone” to establish Objective Design Standards in the Beaumont Municipal Code Background and Analysis: In Fall 2021, the preparation of the administrative draft of objective design standards began during the period of the preparation of the 6 th Cycle Housing Element Update. Due to anticipated changes to the Objective Design Standards in relation to the adoption of the 6th Cycle Housing Element, the process was paused until the certification of the Housing Element. On December 12, 2022, the State of California, Department of Housing and Community Development adopted the City of Beaumont 6th Cycle Housing Element. The City’s 6th Cycle Housing Element Program 19 identifies that the Planning Department shall facilitate the adoption of Objective Design Standards for residential and mixed -use projects. The purpose of these standards is to expedite the approval process for such projects and support the City in meeting its housing goals. The draft Objective Design Standards were developed utilizing the following sources:  The City’s existing development and design standards;  Design guidance as expressed in the City’s various area plans (e.g., Fairway Canyon, Sundance, Heartland “Olivewood”;  Images and observations of existing context/built environment; Page 147 of 339  The August 2022 Draft Western Riverside Council of Governments Objective Design Standards Toolkit; and  Best practice recommendations. The changes are proposed primarily in single family residential and mixed-use zones that include:  Residential Single Family (RSF)  Residential Traditional Neighborhood (RTN)  Downtown Mixed-Use (DMU)  Sixth Street Mixed-Use (SSMU)  Sixth Street Mixed-Use Residential (SSMUR) The recommended standards include façade articulation, compatibility with adjacent buildings, entries, materials, and parking design/access. The design standards will not alter basic development standards (e.g., density, setbacks, overall building height, lot coverage, parking ratios, etc.) or include standards for architectural style, window placement and design, privacy, roof design, building colors, or other standards not listed above. The proposed Administrative Draft complies with requirements in applicable law, including SB 35 and SB 330. On May 10, 2023, the Planning Commission conducted a work study to review the administrative hearing draft of the Objective Design Standards. The City Council also conducted a work study on May 16, 2023. The consultant has made modifications to the proposed Objective Design Standards based on the feedback that was provided at both work study meetings. The hearing draft, as shown in Attachment B, is the updated clean copy of the Objective Design Standards and a redlined version is provided as Attachment C to the staff report. The Planning Commission conducted a public hearing to review the public hearing draft of the Objective Design Standards at their August 23, 2023, meeting. At the public hearing, the Planning Commissioners briefly discussed the item after the consultant’s presentation and by a vote of 3-0 forwarded a recommendation of approval to the City Council. On September 5, 2023, the City Council opened the public hearing, received a brief staff report and continued the item with no discussion to the September 19, 2023, City Council meeting. Page 148 of 339 CEQA: The City has analyzed this proposed project and has determined that i t is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. The proposed ordinance in itself does not relate to any physical project and will not result in any physical change to the environment and does not affect the land use or density limitations of the General Plan. Therefore, it can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment, and therefore, the adoption of this Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. Public Communications Received: A combined Planning Commission and City Council 10-day public notice was placed in the Press Enterprise on August 11, 2023. At the time of report preparation, the Planning Department has not received any letters of comment from the public in favor or opposition to the project. Any comments received prior to the time of the scheduled City Council meeting will be provided to the Council at the time of the public hearing. Proof of publication is included as Attachment D to this staff report. Planning Commission Authority: The Beaumont Municipal Code Section 17.02.080.E authorizes the Planning Commission to recommend to the City Council approval, approval with modifications, or denial of the proposed application. The Commission’s recommendation shall be transmitted to the City Clerk for scheduling the matter for consideration by the City Council. Fiscal Impact: The cost to prepare this staff report is approximately $500.00. Recommended Action: Hold the continued Public Hearing; and Waive the first full readings and approve by title only “An Ordinance of the City Council of the City of Beaumont, California to Amend Chapter 17.03.060 ‘Residential, Single- Family Zone’, Chapter 17.06.065 ‘Residential, Traditional Neighborhood’, Chapter 17.09.040 ‘Downtown Mixed-Use Zone’, Chapter 17.19.060 ‘Sixth Street Mixed-Use Page 149 of 339 Zone’, and Chapter 17.19.070 ‘Sixth Street Mixed-Use Residential Zone’ to establish Objective Design Standards in the Beaumont Municipal Code.” Attachments: A. Draft Ordinance B. Hearing Draft - Objective Design Standards dated August 2023 C. Public Review Draft - Objective Design Standards with redlines D. Proof of Publication Page 150 of 339 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, TO AMEND CHAPTER 17.03.060 “RESIDENTIAL, SINGLE-FAMILY ZONE”, CHAPTER 17.06.065 “RESIDENTIAL, TRADITIONAL NEIGHBORHOOD”, CHAPTER 17.09.040 “DOWNTOWN MIXED-USE ZONE”, CHAPTER 17.19.060 “SIXTH STREET MIXED-USE ZONE”, AND CHAPTER 17.19.070 “SIXTH STREET MIXED-USE RESIDENTIAL ZONE” TO ESTABLISH OBJECTIVE DESIGN STANDARDS IN THE BEAUMONT MUNICIPAL CODE. WHEREAS, the City Council desires to establish Objective Design Standards for residential projects in order to promote public health, safety and welfare while providing for orderly residential development; and WHEREAS, the City has proposed to amend Chapter 17.03.060 “Residential, Single- Family Zone”, Chapter 17.06.065 “Residential, Traditional Neighborhood”, Chapter 17.09.040 “Downtown Mixed-Use Zone”, Chapter 17.19.060 “Sixth Street Mixed Use Zone”, and Chapter 17.19.070 “Sixth Street Mixed Use Residential Zone” to establish Objective Design Standards in the Beaumont Municipal Code; and WHEREAS, duly noticed public hearings were conducted on this matter as required by law by the Planning Commission on August 23, 2023; and WHEREAS, the Planning Commission recommends that the City Council approve the proposed amendments to the Municipal Code Chapters; and WHEREAS, following the Planning Commission’s recommendation, the City Council has approved the amendment to Chapter 17.03.060 “Residential, Single-Family Zone”, Chapter 17.06.065 “Residential, Traditional Neighborhood”, Chapter 17.09.040 “Downtown Mixed-Use Zone”, Chapter 17.19.060 “Sixth Street Mixed Use Zone”, and Chapter 17.19.070 “Sixth Street Mixed Use Residential Zone” to establish Objective Design Standards in the Beaumont Municipal Code; and WHEREAS, duly noticed public hearing was opened, a brief staff report was presented, and the item continued without discussion to City Council on September 19, 2023; and WHEREAS, duly noticed public hearings were conducted on this matter as required by law by the City Council on September 19, 2023; and WHEREAS, the City Council of the City of Beaumont has reviewed the reasons for the recommendation of approval by the Planning Commission as described above. THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS: Page 151 of 339 SECTION 1: The City Council hereby finds that the amendment to Chapter 17.03.060 “Residential, Single-Family Zone”, Chapter 17.06.065 “Residential, Traditional Neighborhood”, Chapter 17.09.040 “Downtown Mixed-Use Zone”, Chapter 17.19.060 “Sixth Street Mixed-Use Zone”, and Chapter 17.19.070 “Sixth Street Mixed-Use Residential Zone” to establish Objective Design Standards in the Beaumont Municipal Code, is consistent with the adopted policies in the Beaumont Municipal Code and the General Plan of the City of Beaumont. SECTION 2: The amendment of Chapter 17.03.060 “Residential, Single-Family Zone”, Chapter 17.06.065 “Residential, Traditional Neighborhood”, Chapter 17.09.040 “Downtown Mixed-Use Zone”, Chapter 17.19.060 “Sixth Street Mixed-Use Zone”, and Chapter 17.19.070 “Sixth Street Mixed-Use Residential Zone”, attached hereto as Exhibit "A", is hereby approved. SECTION 3: 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 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 4: This Ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage the City Clerk shall cause a summary to be published in a newspaper of general circulation, printed and published in the City of Beaumont, in a manner prescribed by law for publishing of ordinances of said City. MOVED AND PASSED upon first reading this 19th day of September 2023, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this 3rd day of October 2023, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Julio Martinez III, Mayor Page 152 of 339 Attest: ______________________ Nicole Wheelwright, Deputy City Clerk Approved as to form: _______________________ John O. Pinkney, City Attorney Page 153 of 339 Prepared by: Lisa Wise Consulting, Inc. 983 Osos Street San Luis Obispo, CA 93401 Prepared for: City of Beaumont 550 E. 6th Street Beaumont, CA 92223 Hearing Draft August 2023 City of Beaumont Objective Design Standards Page 154 of 339 This page intentionally left blank. Page 155 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 1 Contents 17.03.060 Residential, Single-Family Zone (R-SF Zone) ................................................................. 3 17.03.065 Residential, Traditional Neighborhood (R-TN Zone) ..................................................... 8 17.19.040 Downtown Mixed Use Zone (DMU Zone) ................................................................... 19 17.19.060 Sixth Street Mixed Use Zone (SSMU Zone) ................................................................. 26 17.19.070 Sixth Street Mixed Use—Residential Zone (SSMU-R Zone) ........................................ 27 Page 156 of 339 This page intentionally left blank. Page 157 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 3 17.03.060 Residential, Single-Family Zone (R-SF Zone) No change No change No change No change No change No change No change Single-Family Design Standards. 1. Building Form and Visual Interest. a. Required Planes. i. Elevations Facing a Street, Public Right-of-Way, or Open Space. A minimum of four planes are required on any street-facing elevation. Each plane must be at least 80 square feet in surface area and offset a minimum of four feet from any adjacent plane. ii. Interior Side and Rear Elevations. A minimum of two planes are required on any interior side or rear elevation. Each plane must be at least 80 square feet in surface area and offset a minimum of four feet from any adjacent plane. b. Limits on Blank Walls. No wall on any level except for garages may run in a continuous plane of more than 20 feet without a window or a projection, offset, or recess of the building wall at least one foot in depth. Figure 17.03-1. Limit on Blank Walls in Residential, Single-Family Zone Page 158 of 339 City of Beaumont Code Amendments – Objective Design Standards 4 | City of Beaumont | Public Review Draft c. Allowed Roof Forms. Allowed roof forms are limited to hipped, gabled, shed, or flat roofs with parapets. d. Roof Design. i. When pitched roofs are used, the slope must be 3:12 to 5:12 ratio. ii. Eaves may not exceed 24 inches in depth, or as allowed by the California Fire Code, Chapter 7. iii. Parapet segments may not exceed 25 feet in length without a change in height at least 24 inches or a change in form. iv. Subdivisions with more than 20 units must include a minimum of three distinct roof forms. 2. Entrances a. Orientation. The primary entrance of any unit located along public rights-of-way or pathways must facing face public street or pathway. Exceptions to this requirement may be approved where the site is located on a major arterial carrying high traffic volumes. b. Protection. The primary entry must incorporate a projection, recess, or combination of projection and recess at least 40 square feet in area, with a minimum depth of five feet. Figure 17.03-2. Entrance Protection 3. Rear Access. Rear doors wider than three feet must be accessible by a landing area that is a minimum six feet in depth and a width that is no less than that of the door opening or three feet, whichever is greater. Doors three feet wide or less shall have a landing of a minimum depth of three feet and a width that is at least as wide as the size of the opening. 4. Building Materials a. Cladding Materials. Primary and secondary cladding materials are limited to: i. Stucco (minimum two-coat; synthetic stucco or Exterior Insulation and Finish Systems [EIFS] not allowed). ii. Wood, composite wood, cement fiberboard, painted aluminum, or vinyl siding. Page 159 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 5 (a) All siding must be lap, vertical, or shingle. (b) Wood siding must be painted or stained. iii. Stone (natural or manufactured). iv. Metal. v. Brick/masonry. vi. Tile. b. Prohibited Building Materials. Plywood, corrugated metal, and aluminum are prohibited. c. Change in Exterior Building Material. When there is a change in exterior building material, the material change must occur at the inside corner of a building form, or a minimum of two feet beyond an outside corner. d. Material durability/protection. i. Exterior finish materials must have an expected lifespan of no less than 30 years. ii. Exterior timber must be protected from decay by stain and sealant. iii. Exterior ferrous metals must be protected from corrosion either through the use of galvanized, stainless, or weathering steel. e. Colors. Reflective or bright colors that contrast dramatically with the colors of the surrounding land, structures, and vegetation may be used for trim or for accents only. 5. Windows. a. All windows facing rights-of-way or public open spaces must be double-hung with operable sashes. Grids of small panes must be true divided lites separated by muntins or as approved by the Community Development Director. Figure 17.03-3. Window Design b. Window recess or trim. Trim at least two inches in width and ¾-inch in depth must be provided around all windows, or windows must be recessed at least 2.5 inches from the plane of the surrounding exterior wall. Figure 17.03-4. Window Trim or Recess Page 160 of 339 City of Beaumont Code Amendments – Objective Design Standards 6 | City of Beaumont | Public Review Draft c. Reflective or opaque tinting of glazing is prohibited. 6. 360-Degree Design. All buildings must be designed with “360-degree design” where each exterior wall is designed equivalent to the primary facade in the extent of building articulation, level of detail, and quality of exterior materials, and consistent with the color scheme of the primary facade. Details include but are not limited to door recesses, door trim, cornices, belt courses, columns/piers, posts/beams, brackets, columns/arches, and roof forms. 7. Parking Design and Access. a. Driveways. i. For lots less than 70 feet in width, a maximum of one driveway up to 20 feet wide is allowed for required parking. ii. For lots 70 feet wide or more, the width of a driveway to a two-car garage may not exceed 28 feet in width. iii. The minimum paved apron length is 20 feet. Figure 17.03-5. Driveway Design b. Three-car garages. A garage with three or more doors, or garages designed to accommodate three or more non-tandem parked cars, are allowed only on lots 85 feet Page 161 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 7 wide or greater, and at least one garage front must be separated from the remaining garage fronts by at least two feet. Figure 17.03-6. Three-Car Garages c. Corner Lots. Corner lots and through lots are allowed one driveway. Where a lot has more than one approved garage, carport, or parking space, a second driveway may be allowed with Community Development Director and City Engineer approval. d. Carports and Detached Garages. i. Carports and detached garages must be constructed of the same materials and in the same style as the main building. ii. Carports are recommended to be solar ready. e. Garage Design. i. Garage doors must be recessed a minimum of six inches from the face of the garage. ii. Garage doors must be articulated with windows, paneling, recesses, or other details. iii. All two-car garages must have a minimum free and clear interior dimension of 23 feet by 22 feet, while one-car garages must have a minimum dimension of 13 feet by 22 feet. iv. Notwithstanding the design standards of this Chapter, all garage structures, attached or detached, must match the architectural design and detail of the existing building. f. Tandem Parking. Tandem parking must be allowed for single family residences and duplexes. g. Continuous Walkway. A continuous paved walkway at least three feet wide must connect on-site side gates, driveways to garages, and the front door. 8. Outdoor Lighting. All exterior doors, including garage doors, must be illuminated with outdoor light fixtures. See Chapter 8.50 – Outdoor Lighting for additional standards. 1.9. Additions/remodels. Notwithstanding the design standards of this Chapter, additions to and remodels of existing buildings, including porches, balconies and decks, must match the architectural design and detail of the existing building. ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020; Ord. No. 1150 , § 4(Exh. A), 10-4-2022) Page 162 of 339 City of Beaumont Code Amendments – Objective Design Standards 8 | City of Beaumont | Public Review Draft 17.03.065 Residential, Traditional Neighborhood (R-TN Zone) No change No change No change No change No change No change No change No change Supplemental Multiple Family DevelopmentDesign Standards. The following standards apply to multiple family developments, including attached single unit developments. , in the R-TN, R-MF, UV, TOD Overlay, DMF, DMU, SSMU, and SSMU-R zones. 1. Building Scale and Massing. a. Street-facing Facades. Along the front and street side façade, the fourth story must be stepped back a minimum six feet from the ground floor façade. b. Interior Side and Rear Facades. Along the interior side and rear façade, when abutting a single-family residential zone, building massing is limited by a 45-degree plane beginning at 24 feet above the interior or rear minimum setback line. Figure 17.03-7. Required 45-Degree Plane 2. Building Design. a. All street-facing façades shall have at least one horizontal or vertical projection or recess at least two feet in depth, for every 25 horizontal feet of wall. Building entrances and front porches may count towards meeting this requirement. Page 163 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 9 Figure 17.03-8. Façade Articulation, Multiple Family Development Requirements Exhibit b. Horizontal articulation must include a differentiated base, a roof cornice line or parapet, and an eave, awning, overhang, transom feature, belt course, or other architectural element that frames the middle section of the building. c. Buildings or portions of buildings over two stories must include articulation for the top story of the building. This may be accomplished through two or more of the following: i. Change in color ii. Change in material iii. Cornice/belt course at the bottom of the uppermost floor iv. Change in roof pitch, such as a gable, or an upper-story step-back Figure 17.03-9. Building Façade Elements Exhibit d. Staggering of Attached Units. For attached townhouse and rowhouse development, facades of adjacent attached units must be staggered a minimum of 12 inches in plan view to avoid monotony in design. e. Privacy. i. Upper-story balconies, roof decks, and other habitable outdoor space must maintain a minimum 10 feet clear from the property line abutting a lower- Page 164 of 339 City of Beaumont Code Amendments – Objective Design Standards 10 | City of Beaumont | Public Review Draft intensity residential zone and must include an opaque wall at least four feet in height as measured from the floor of the open space. ii. Floor-to-ceiling windows are not allowed on upper-story facades within 10 feet of a property line abutting a lower-intensity residential zone. f. Roof Design. Allowed roof forms are limited to hipped, gabled, shed, or flat roofs with parapets. i. When pitched roofs are used, the slope must be 3:12 to 5:12 ratio. ii. Eaves must not exceed 24 inches in depth, or as allowed by the California Fire Code, Chapter 7. iii. Street-facing eaves and overhangs that exceed 18 inches in depth must be either fully stuccoed on the underside or must incorporate a visible pattern of exterior brackets or beams. iv. Parapet segments may not exceed 25 feet in length without a change in height of at least 24 inches or a change in form. i.v. The roof line at each elevation of attached units shall demonstrate an offset of at least 24 inches for each one to three units exposed on that elevation, but in no case shall a roof line be more than 50 feet in length without a minimum 18- inch offset. Figure 17.03-10. Roof Line, Multiple Family Development Requirements Exhibit g. Transparency and Blank Walls. i. At least 75 percent of the façade of each building adjacent to a street shall be occupied by habitable space with windows. ii. Each street-facing building façade shall have at least one pedestrian entry into the structure. iii. No wall on any level may run in a continuous plane of more than 12 feet without a projection, offset, or recess of the building wall at least 18 inches in depth. Page 165 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 11 Figure 17.03-11. Required Facade Articulation h. Building Materials. Primary and secondary cladding materials are limited to: i. Stucco (minimum two-coat; synthetic stucco or Exterior Insulation and Finish Systems [EIFS] not allowed) ii. Wood, composite wood, cement fiberboard, painted aluminum, or vinyl siding. (a) All siding must be lap, vertical, or shingle. (b) Wood siding must be painted or stained. iii. Stone (natural or manufactured). iv. Metal. v. Brick/masonry. vi. Tile. i. Prohibited Building Materials. Plywood, corrugated metal, sheet metal, and aluminum are prohibited. j. Changes in Exterior Material. When there is a change in exterior building material, the material change must occur at the inside corner of a building form, or a minimum of two feet beyond an outside corner. k. Material Durability/Protection. i. Exterior finish materials must have an expected lifespan of no less than 30 years. ii. Exterior timber must be protected from decay by stain and sealant. iii. Exterior ferrous metals must be protected from corrosion either through the use of galvanized, stainless, or weathering steel. l. Colors. Reflective or bright colors that contrast dramatically with the colors of the surrounding land, structures, and vegetation may be used for trim or for accents only. 3. Windows. Page 166 of 339 City of Beaumont Code Amendments – Objective Design Standards 12 | City of Beaumont | Public Review Draft a. Window Recess or Trim. Trim at least two inches in width and ¾-inch in depth must be provided around all windows, or windows must be recessed at least 2.5 inches from the plane of the surrounding exterior wall. Figure 17.03-12. Window Design b. Reflective or opaque tinting of glazing is prohibited. 2.4. Building Entrances. a. All dwelling units located along streets shall have the primary entrance facing the street. Exceptions to this requirement may be approved where the site is located on a major arterial carrying high traffic volumes. b. Dwelling units located in the interior of a multiple family development shall be designed so that the primary entryway is visible from a pedestrian pathway that is connected to a street. c. Building entrances shall have a roofed projection (such as a porch) or recess with a minimum depth of at least five feet and a minimum horizontal area of 30 square feet. Exceptions to this requirement may be approved for alternative designs that create a welcoming entry feature facing the street, such as a trellis or landscaped courtyard entry. d. Multi-family building frontages must take one of the following forms: i. Porch. Individual covered porch frontages with dimensions as indicated below: (a) Porch clear width: Minimum 12 feet (b) Porch clear depth (excluding stairs): Minimum 8 feet (c) Porch finish level above sidewalk: Minimum 18 inches (d) Porch clear height: Minimum 8 feet, maximum 12 feet Page 167 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 13 Figure 17.03-13. Porch Frontage Exhibit ii. Stoop. Individual covered stoop frontages with dimensions as indicated below: (a) Stoop width: Minimum 5 feet, maximum 8 feet (b) Stoop depth: Minimum 4 feet, maximum 8 feet (c) Stoop height above sidewalk: Minimum 18 inches (d) Stoop entry recession: Minimum 6 inches, maximum 6 feet (e) Stoop clear height: Minimum 8 feet Figure 17.03-14. Stoop Frontage Exhibit iii. Dooryard. Individual covered dooryard frontages with dimensions as indicated below: (a) Dooryard width: Minimum 6 feet (b) Dooryard depth: Minimum 4 feet, maximum 8 feet (c) Dooryard overhead projection depth: Maximum 6 feet (d) Dooryard clear height: Minimum 8 feet (e) Dooryard wall/planter/fence height: Maximum 3 feet Page 168 of 339 City of Beaumont Code Amendments – Objective Design Standards 14 | City of Beaumont | Public Review Draft Figure 17.03-15. Dooryard Frontage Exhibit iv. Arcade. Individual covered arcade frontages with dimensions as indicated below: (a) Arcade depth: Minimum 8 feet, must be consistent for the length of the arcade. (b) Arcade clear height: Maximum 12 feet. (c) Arcade column spacing: Minimum 4 feet clear between columns. (d) Arcade distance from curb (encroachment permit may be required): Minimum 2 feet, maximum 6 feet. Figure 17.03-16. Arcade Frontage Exhibit v. Gallery. Individual covered gallery frontages with dimensions as indicated below: (a) Gallery depth: Minimum 12 feet, maximum 16 feet, must be consistent for the length of the gallery. (b) Gallery clear height: Minimum 12 feet, maximum 16 feet. (c) Gallery distance from curb (encroachment permit may be required): Minimum 2 feet, maximum 6 feet. Page 169 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 15 Figure 17.03-17. Gallery Frontage Exhibit vi. ADA Accessibility. All frontages must comply with ADA accessibility requirements. 3.5. Private Storage Space. Each unit shall have at least 200 cubic feet of enclosed, weather-proofed, and lockable private storage space with a minimum horizontal dimension of four feet. 6. 360-Degree Design. All buildings must be designed with “360-degree design” where each exterior wall is designed equivalent to the primary facade in the extent of building articulation, level of detail, and quality of exterior materials, and consistent with the color scheme of the primary facade. Details include but are not limited to window and door trim, window and door recesses, cornices, belt courses, columns/piers, posts/beams, brackets, columns/arches, and roof forms. 7. Additions/Remodels. Notwithstanding the design standards of this Chapter, additions to and remodels of existing buildings, including porches, balconies and decks, must match the architectural design and detail of the existing building. 8. Usable Open Space Design. a. Required private open space design. i. Required private open space must take the form of balconies, decks, patios, fenced yards, or other similar areas outside the residence. ii. Required private open space must be accessible to only one living unit by a doorway to a habitable room. b. Required common open space design. i. Required common areas must include landscaped areas, walks, patios, swimming pools, barbeque areas, playgrounds, turf, or other such improvements that enhance the outdoor environment of the development. ii. Required common open space must be accessible to all living units on the development site by a stairway or other accessway qualifying as an egress facility from a habitable room. iii. Common open spaces may be at-grade, elevated, on parking podiums, or on rooftops. See Section 17.03.065.J.2.e.i for additional limitations on elevated open space. Page 170 of 339 City of Beaumont Code Amendments – Objective Design Standards 16 | City of Beaumont | Public Review Draft iv. A surface must be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any combination of lawn, garden, flagstone, wood planking, concrete, or other dust-free surfacing. v. The slope of required common open space may not exceed 10 percent. 4.9. Pedestrian Access and Circulation. On-site pedestrian circulation and access shall be provided consistent with the following standards. a. Internal cConnections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities. a.b. Paving. Paving within required setback areas must be distinct from the adjacent public sidewalk in color, design, or texture. b.c. To cCirculation nNetwork. Regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes or trails shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. c.d. To nNeighbors. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security. d.e. To tTransit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances. e.f. Pedestrian walkway design. i. Walkways shall be a minimum of six 8 feet wide, shall be hard-surfaced, and paved with permeable materials. Walkway widths may be reduced to three feet wide for small lot development (Section 17.11.030.D). ii. Where a required walkway crosses a driveway, parking area, or loading area, it must be clearly identified using a raised crosswalk, a different paving material, or a similar method. iii. Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or another physical barrier. 10. Parking Design and Access. a. Surface Parking Area Design. Surface parking areas must be separated from on-site buildings by a minimum distance of five feet that is either paved or landscaped. b. Parking in the Front Setback. Any driveways or other paved parking areas located in the front setback must be a minimum 18 feet in length. c. Garages. i. Garage doors must be recessed a minimum of six inches from the face of the garage. ii. All two-car garages must have a minimum free and clear interior dimension of 24 feet by 24 feet, while one-car garages must have a minimum dimension of 14 feet by 24 feet. Page 171 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 17 d. Structured Parking Levels Facing the Right-of-Way. Where ground level structured parking occupies more than 30 percent of a building facade facing a right-of-way or pedestrian walkway, the finished floor of the parking level must be a minimum four vertical feet below the finished grade at the building facade. Figure 17.03-18. Structured Parking Facing the Right-of-Way Exhibit e. Tandem Parking. Tandem parking may be permitted to satisfy the off-street parking requirement in accordance with the following. i. No more than two vehicles may be placed one behind the other. ii. Both spaces must be assigned to a single dwelling unit or to employees of the same non-residential establishment. iii. The tandem parking bay must be a minimum 40 feet by 10 feet in dimension. iv. Tandem parking to meet required parking for multi-unit development must be located within an enclosed structure and the number of tandem parking spaces may not exceed 50 percent of the total number of spaces provided. v. Tandem parking may not be used to satisfy the parking requirement for guest parking. f. Driveway width. Driveways to shared garages may not exceed 24 feet in width. g. Parking visibility. Visible structured parking must be screened from view from the right- of-way by architectural features in addition to landscaping or living walls. f.h. Parking separation. Parking for residential units must be separated from parking for non- residential uses through a controlled fence, gate, or other barrier. i. Curb cut frequency. i. A maximum of one curb cut for driveway access may be permitted per street frontage per building. ii. On corner lots, curb cuts must be located on the street frontage with the least pedestrian activity whenever feasible. j. Shared garage doors. i. All garage doors must be motorized. Page 172 of 339 City of Beaumont Code Amendments – Objective Design Standards 18 | City of Beaumont | Public Review Draft ii. Controlled entrances to shared parking facilities (gates, doors, etc.) may not exceed 20 feet in width. 11. Bicycle Parking. a. Short-term Bicycle Parking. Short-term secure bicycle parking must be provided to serve guests. i. Spaces Required. The minimum number of short-term secure bicycle parking spaces is 10 percent of the required vehicular parking spaces, in no case fewer than four secure bicycle parking spaces provided per development. ii. Location. (a) Short-term secure bicycle parking must be located outside of pedestrian walkways, and within 100 feet of the main entrance to the building it serves. (b) Short-term secure bicycle parking must be located outside of the public right-of-way except as allowed through an encroachment permit. iii. Anchoring and Security. For each short-term bicycle parking space required, a stationary, securely-anchored bicycle rack must be provided to which a bicycle frame and one wheel (two points of contact) can be secured with a high-security U-shaped shackle lock if both wheels are left on the bicycle. One such bicycle rack may serve multiple bicycle parking spaces. iv. Size and Accessibility. Each short-term bicycle parking space must be a minimum of two feet in width and six feet in length and must be accessible without moving other bicycles. Two feet of clearance must be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways. Five feet of clearance must be provided from vehicle parking spaces. b. Long-Term Bicycle Parking. Long-term bicycle parking must be provided to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer. i. Spaces Required. (a) A minimum of one long-term secured bicycle parking space must be provided for every four dwelling units or portion thereof. (b) Any establishment with six or more full-time equivalent employees must provide long-term bicycle parking designated on a site plan at a minimum ratio of one bicycle parking space per 10 required vehicle parking spaces. Parking areas with fewer than six spaces are encouraged but not required to provide long-term bicycle parking. ii. Location. Long-term bicycle parking must be located on the same lot as the use it serves and near a building entrance. In parking structures, long-term bicycle parking must be located near an entrance to the facility. Where the bicycle parking area is not visible from the entrance of the building, signs located at the entrance or in an entry lobby of the building must identify the location of bicycle parking. Page 173 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 19 iii. Anchoring and Security. Long-term bicycle parking must be located in an enclosed bicycle locker or other secure areas approved by the Community Development Director. i.iv. Size and Accessibility. Each long-term bicycle parking space must be a minimum of two feet in width and six feet in length and must be accessible without moving other bicycles. Two feet of clearance must be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways. Five feet of clearance must be provided from vehicle parking spaces. 17.19.040 Downtown Mixed Use Zone (DMU Zone) No change No change Downtown Mixed Use Zone, Development Standards. The following sStandards shall apply to the Downtown Mixed Use Zone (DMU Zone): 1. Lot Area and Dimensions. No minimum requirement. 2. Setbacks and Yards. The following setback requirements are applicable to the Downtown Mixed Use Zone (DMU Zone): a. Front Yard Setbacks. No front yard setback isSetback, Commercial Uses. None required. for commercial uses; five-foot maximum setback for residential development. a.b. Front Yard Setback, Residential Uses. Maximum five feet. All portions not used for access must be landscaped. b.c. Front Yard Setback, Above Ground Parking. Minimum 40 feet. The setback for above ground parking may be waived by the Community Development Director upon making the following findings: i. a. The site is small and/or constrained such that underground parking or surface parking located more than 40 feet from the street is not feasible; and ii. b. The parking area located within 40 feet of the street is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06. b. Rear Yard Setbacks. No rear yard setback is required, except when adjacent to single family residential use. The rear yard setback is 20 feet when adjacent to single family residential use. c. Side Yard Setbacks. No side yard setback is required, except when adjacent to single family residential use. The side yard setback is 15 feet when adjacent to single family residential use. d. Freeway Setbacks for Residential Uses. Residential uses shall have a minimum setback of 500 feet from Interstate 10. 3. Density. The maximum density shall be 15 units per acre. 4. Floor Area Requirements. The maximum permitted floor area ratio is 0.35. The floor area ratio standard applies to non-residential uses only. Page 174 of 339 City of Beaumont Code Amendments – Objective Design Standards 20 | City of Beaumont | Public Review Draft 5. Building Height. In the Downtown Mixed Use Zone (DMU Zone), the maximum height of any building shallnot exceed 3 stories or 45 feet. 6. Step back from Adjacent Residential. New development when sited next to single-family uses shall step back upper floors (third and higher) an additional 15 feet to maintain solar access and privacy for adjacent single family residential uses. See Figure 17.19-2. Figure 17.19-2. Step Back from Adjacent Residential Uses No change No change No change No change No change Supplemental Standards for Multiple-family, Residential Mixed-Use, and Attached Single-Family Development. These Supplemental StandardsThe standards of Section 17.03.065.J, Supplemental Standards apply to all multiple-family, residential mixed-use, and attached single family development within the DMU, SSMU, and SSMU-R Zones:. Supplemental Standards, All Development. The standards below apply to all development in the DMU, zones. 1. Wall Plane Modulation. a. All non-residential street-facing façades must have at least one horizontal or vertical projection or recess at least two feet in width and depth, for every 50 horizontal feet of wall. Page 175 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 21 Figure 17.19-3. Wall Plane Modulation b. Horizontal articulation must include a differentiated base, a roof cornice line or parapet, and an eave, awning, overhang, transom feature, belt course, or other architectural element that frames the middle section of the building. c. Buildings or portions of buildings over two stories must include articulation for the top story of the building. This may be accomplished through two or more of the following: i. Change in color; ii. Change in material; iii. Cornice/belt course at the bottom of the uppermost floor; and iv. Change in roof pitch, such as a gable, or an upper-story step-back. Figure 17.19-4. Building Façade Visible from Public Street 2. Ground Floor Height. a. Non-residential ground level floor-to-ceiling height must be a minimum 11 feet. Page 176 of 339 City of Beaumont Code Amendments – Objective Design Standards 22 | City of Beaumont | Public Review Draft b. Non-residential ground floor height may not differ from the height of any adjacent non- residential use by more than two feet or as approved by the Community Development Director. 1.3. Building Transparency/Required Openings. Exterior walls facing and within 20 feet of a front or street side property line shall include windows, doors, or other openings for at least 50 percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk. Such walls may run in a continuous plane for no more than 30 feet without an opening. a. Design of openings. Openings fulfilling this requirement shall have transparent glazing and provide views into display areas, sales areas, work areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep. b. Exceptions. The following are exempt from this requirement: i. Residential uses; and ii. Multi-level garages. c. Reductions. This requirement may be reduced to 40 percent if street-facing building walls exhibit architectural relief (articulated building base, columns/piers, transom) and are enhanced with landscaping at the pedestrian level. d. Reductions by Director. This requirement may be further reduced or waived if the Community Development Director makesfinds that the following findings: 1. The proposed use has unique operational characteristics with which providing the required transparency and openings is incompatible; and . 2. Street-facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping to create visual interest at the pedestrian level. Figure 17.19-35. Building Transparency/Required Openings Exhibit e. Enhancement on Blank Walls. Blank walls that exceed eight horizontal feet at the ground level must include one or more of the following: i. A pattern of insets; Page 177 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 23 ii. A building base of at least 2.5 feet in height and a cornice or other architectural features at the top of the ground level; iii. Landscaping that, at maturity, obscures a minimum 50 percent of the wall area; or iv. Landscaped metal trellises or lattices over a minimum 50 percent of the wall area. 4. Building Orientation. Building frontages shall be generally parallel to streets and pedestrian walkways. 5. Building Entrances. a. Orientation. The primary building entrance shall face a public sidewalk. Buildings located in the interior of a site shall have the primary entrance facinge a pedestrian walkway that is connected to a public sidewalk. b. Separation of Residential and Non-Residential Entrances. Entrances to residential units, either shared or common, must be a minimum 30 horizontal feet from commercial entrances. Live/work units are excluded from this standard. 6. Corner Design. Building design at intersections must exhibit signature architectural features at the corner. Features may include but are not limited to tower elements, wrap-around bay windows, or rounded or chamfered corners elements, or decorative parapets. 7. 360-Degree Design. All buildings must be designed with “360-degree design” where each exterior wall is designed equivalent to the primary facade in the extent of building articulation, level of detail, and quality of exterior materials, and consistent with the color scheme of the primary facade. Details include but are not limited to window and door trim, window and door recesses, cornices, belt courses, columns/piers, posts/beams, brackets, columns/arches, and roof forms. 8. Additions/remodels. Notwithstanding the design standards of this Chapter, additions to and remodels of existing buildings, including porches, balconies and decks, must match the architectural design and detail of the existing building. 2.9. Pedestrian Access and Circulation. On-site pedestrian circulation and access shall be provided consistent with the following standards.: a. Internal cConnections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities. b. Paving. Paving within required setback areas must be distinct from the adjacent public sidewalk in color, design, or texture. a.c. To cCirculation nNetwork. Regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes or trails shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. b.d. To nNeighbors. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security. c.e. To tTransit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances. Page 178 of 339 City of Beaumont Code Amendments – Objective Design Standards 24 | City of Beaumont | Public Review Draft d.f. Pedestrian wWalkway dDesign. i. Walkways shall be a minimum of six feet wide, shall be hard-surfaced, and paved with permeable materials. Walkway widths may be reduced to three feet wide for small lot development (Section 17.11.030.D). ii. Where a required walkway crosses a driveway, parking area, or loading area, it must be clearly identified using a raised crosswalk, a different paving material, or a similar method. iii. Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or another physical barrier. 3.10. Public Open Space Requirement. Developments with 50,000 square feet or more of non- residential floor area on sites of five acres or larger shall provide open space consistent with the following: a. Forty square feet of open space shall be provided for every 1,000 square feet of nonresidential floor area for the first 100,000 square feet of non-residential floor area, plus 20 square feet of open space for every 1,000 square feet of non-residential floor area over 100,000 square feet. b. Such open space shall be visible and accessible from a public street, or from on-site areas normally frequented by customers and shall be accessible during business hours. Areas within required setbacks may count towards the open space requirement. c. Such open space shall have a minimum dimension of 40 feet. d. Amenities shall be included that enhance the comfort, aesthetics, or usability of the space, including trees, landscaping, shade structures, seating (e.g., fixed seating, planter ledges, etc.), lighting, drinking fountains, public art, or performance areas. e. The surface of the open space shall allow for convenient outdoor activity, recreation, and/or gathering. Such surface may be plant or hardscape material, or a combination thereof. 11. Parking Design. a. Surface Parking Area Design. Surface parking areas must be separated from on-site buildings by a minimum distance of five feet that is either paved or landscaped. b. Garages. Garage doors must be recessed a minimum of six inches from the face of the garage. c. Tandem Parking. Tandem parking may be permitted to satisfy the off-street parking requirement in accordance with the following. i. No more than two vehicles may be placed one behind the other. ii. Both spaces must be assigned to a single dwelling unit or to employees of the same non-residential establishment. iii. The tandem parking bay must be a minimum 40 feet by 10 feet in dimension. iv. Tandem parking to meet required parking for multi-unit development must be located within an enclosed structure and the number of tandem parking spaces may not exceed 50 percent of the total number of spaces. Page 179 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 25 v. Tandem parking may not be used to satisfy the parking requirement for guest parking. d. Driveway Width. Driveways to shared garages may not exceed 35 feet in width. e. Parking Visibility. Visible structured parking must be screened from view from the right- of-way by landscaping or decorative screening, or a combination of architectural features and landscaping or living walls. f. Curb Cut Frequency. i. A maximum of one curb cut for driveway access may be permitted per street frontage per development project site, unless additional curb cuts are approved by the Community Development Director, Public Works Director and Public Safety or the Development Review Committee. ii. On corner lots, curb cuts must be located on the street frontage with the least pedestrian activity whenever feasible. 12. Bicycle Parking. a. Short-term Bicycle Parking. Short-term secure bicycle parking must be provided to serve shoppers, customers, messengers, guests, and other visitors to a site who generally stay for a period of four hours or less. i. Spaces Required. For the following uses, the required number of short-term secure bicycle parking spaces is ten percent of the parking spaces required in Chapter 17.05, Off-Street Parking and Loading Standards, in no case fewer than four secure bicycle parking spaces provided per use. (a) Multi-family dwellings; (b) All public uses; and (c) All commercial uses, except automobile/vehicle sales and services. ii. Location. (a) Short-term secure bicycle parking must be located outside of pedestrian walkways, and within 100 feet of the main entrance to the building it serves. (b) Short-term secure bicycle parking must be located outside of the public right-of-way except as allowed through an encroachment permit. (c) Where the secure bicycle parking area is not visible from the main entrance of the buildings, signs located at the main entrance of the building must identify the location of bicycle parking. iii. Anchoring and Security. For each short-term bicycle parking space required, a stationary, securely-anchored bicycle rack must be provided to which a bicycle frame and one wheel (two points of contact) can be secured with a high-security U-shaped shackle lock if both wheels are left on the bicycle. One such bicycle rack may serve multiple bicycle parking spaces. iv. Size and Accessibility. Each short-term bicycle parking space must be a minimum of two feet in width and six feet in length and must be accessible without moving other bicycles. Two feet of clearance must be provided between bicycle parking Page 180 of 339 City of Beaumont Code Amendments – Objective Design Standards 26 | City of Beaumont | Public Review Draft spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways. Five feet of clearance must be provided from vehicle parking spaces. b. Long-Term Bicycle Parking. Long-term bicycle parking must be provided to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer. i. Spaces Required. (a) A minimum of one long-term secured bicycle parking space must be provided for every four dwelling units or portion thereof. (b) Any establishment with six or more full-time equivalent employees must provide long-term bicycle parking designated on a site plan at a minimum ratio of one bicycle parking space per 10 required vehicle parking spaces. Parking areas with fewer than six spaces are encouraged but not required to provide long-term bicycle parking. ii. Location. Long-term bicycle parking must be located on the same lot as the use it serves and near a building entrance. In parking structures, long-term bicycle parking must be located near an entrance to the facility. Where the bicycle parking area is not visible from the entrance of the building, signs located at the entrance or in an entry lobby of the building must identify the location of bicycle parking. iii. Anchoring and Security. Long-term bicycle parking must be located in an enclosed bicycle locker or other secure areas approved by the Community Development Director. iv. Size and Accessibility. Each long-term bicycle parking space must be a minimum of two feet in width and six feet in length and must be accessible without moving other bicycles. Two feet of clearance must be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways. Five feet of clearance must be provided from vehicle parking spaces. 8. Additional standards listed in Section 17.03.065.I apply to multiple family developments, multiple family residential components of mixed-use developments, and attached single unit developments, in the DMU Zone. ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020; Ord. No. 1150 , § 4(Exh. A), 10-4-2022) 17.19.060 Sixth Street Mixed Use Zone (SSMU Zone) No change No change Sixth Street Mixed Use Zone, Development Standards. The following sStandards shall apply to the Sixth Street Mixed Use Zone (SSMU Zone): 1. Lot Area and Dimensions. Lot sizes for the Sixth Street Mixed Use Zone (SSMU Zone) shall not be less than 10,000 square feet with a minimum average lot depth of 100 feet and a minimum average lot width of 80 feet. Page 181 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 27 2. Setbacks and Yards. The following setback requirements are applicable to the Sixth Street Mixed Use Zone (SSMU Zone): a. Front Yard Setbacks. The mMinimum front yard setback is five5 feet and the m. Maximum front yard setback is 10 feet. All portions not used for access must be landscaped.; b. Front Yard Setback, Above Ground Parking. and mMinimum 40 feet for above ground parking. The setback for above ground parking may be waived by the Community Development Director upon making the following findings: i. The site is small and/or constrained such that underground parking or surface parking located more than 40 feet from the street is not feasible; and ii. The parking area located within 40 feet of the street is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06. a.c. Rear Yard Setbacks. The minimum rear yard setback is 10 feet, except when adjacent to a single family residential use. The rear yard setback is 20 feet when adjacent to single family residential use. b.d. Side Yard Setbacks. The minimum side yard setback is 5 feet, except when adjacent to single family residential use. The side yard setback is 15 feet when adjacent to single family residential use. c.e. Freeway Setbacks for Residential Uses. Residential uses shall have a minimum setback of 500 feet from Interstate 10. 3. Density. The maximum density shall be 22 units per acre. 4. Floor Area Requirements. The maximum permitted floor area ratio is 0.5. The floor area ratio standard applies to non-residential uses only. 5. Building Height. In the Sixth Street Mixed Use Zone (SSMU Zone), the maximum height of any building shall not exceed 4 stories or 60 feet, except as noted below. 6. Step back from Adjacent Residential. New development when sited next to single-family uses shall step back upper floors (third and higher) an additional 15 feet to maintain solar access and privacy for adjacent single family residential uses. See Figure 17.19-2. No change No change No change No change No change No change ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020; Ord. No. 1150 , § 4(Exh. A), 10-4-2022) 17.19.070 Sixth Street Mixed Use—Residential Zone (SSMU-R Zone) No change No change Page 182 of 339 City of Beaumont Code Amendments – Objective Design Standards 28 | City of Beaumont | Public Review Draft Sixth Street Mixed Use—Residential Zone, Development Standards. The following standards shall apply to the Sixth Street Mixed Use—Residential Zone (SSMU-R Zone): 1. Lot Area and Dimensions. Lot sizes for the Sixth Street Mixed Use—Residential Zone (SSMU-R Zone) shall not be less than 10,000 square feet with a minimum average lot depth of 100 feet and a minimum average lot width of 80 feet. 2. Setbacks and Yards. The following setback requirements are applicable to the Sixth Street Mixed Use—Residential Zone (SSMU-R Zone): a. Front Yard Setbacks. The mMinimum front yard setback is five5 feet and the m. Maximum front yard setback is 10 feet. All portions not used for access must be landscaped.; b. Front Yard Setback, Above Ground Parking. and mMinimum 40 feet for above ground parking. The setback for above ground parking may be waived by the Community Development Director upon making the following findings: i. The site is small and/or constrained such that underground parking or surface parking located more than 40 feet from the street is not feasible; and ii. The parking area located within 40 feet of the street is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06. a.c. Side Yard Setbacks. The minimum side yard setback is 5 feet, except when adjacent to single family residential use. The side yard setback is 15 feet when adjacent to single family residential use. 3. Density. The maximum density shall be 22 units per acre. 4. Floor Area Requirements. The maximum permitted floor area ratio is 0.5. The floor area ratio standard applies to non-residential uses only. 5. Building Height. In the Sixth Street Mixed Use—Residential Zone (SSMU-R Zone), the maximum height of any building shall not exceed 4 stories or 60 feet. 6. Step back from Adjacent Residential. New development when sited next to single-family uses shall step back upper floors (third and higher) an additional 15 feet to maintain solar access and privacy for adjacent single family residential uses. See Figure 17.19-2. No change No change No change No change No change ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020; Ord. No. 1150 , § 4(Exh. A), 10-4-2022) Page 183 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 1 Contents 17.03.060 Residential, Single-Family Zone (R-SF Zone) ................................................... 3 17.03.065 Residential, Traditional Neighborhood (R-TN Zone) ................................... 98 17.19.040 Downtown Mixed Use Zone (DMU Zone) ................................................. 2120 17.19.060 Sixth Street Mixed Use Zone (SSMU Zone)............................................... 3029 17.19.070 Sixth Street Mixed Use—Residential Zone (SSMU-R Zone) ..................... 3231 Page 184 of 339 City of Beaumont Code Amendments – Objective Design Standards 2 | City of Beaumont | Public Review Draft This page intentionally left blank. Page 185 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 3 17.03.060 Residential, Single-Family Zone (R-SF Zone) No change No change No change No change No change No change No change Single-Family Design Standards. 1. Building Form and Visual Interest. a. Required Planes. i. Elevations Facing a Street or, Public Right-of-Way, or Open Space. A minimum of four planes are required on any street-facing elevation. Each plane must be at least 80 square feet in surface area and offset a minimum of four feet from any adjacent plane. ii. Interior Side and Rear Elevations. A minimum of two planes are required on any interior side or rear elevation. Each plane must be at least 80 square feet in surface area and offset a minimum of four feet from any adjacent plane. b. Limits on Blank Walls. No wall on any level except for garages may run in a continuous plane of more than 20 feet without a window or a projection, offset, or recess of the building wall at least one foot in depth. Page 186 of 339 City of Beaumont Code Amendments – Objective Design Standards 4 | City of Beaumont | Public Review Draft Figure 17.03-1. Limit on Blank Walls in Residential, Single-Family Zone c. Allowed Roof Forms. Allowed roof forms are limited to hipped, gabled, shed, or flat roofs with parapets. d. Roof Design. i. When pitched roofs are used, the slope must be 3:12 to 5:12 ratio. ii. Eaves may not exceed 1824 inches in depth and must incorporate a visible pattern of exterior brackets, or beamsas allowed by the California Fire Code, Chapter 7. iii. Parapet segments may not exceed 25 feet in length without a change in height at least 24 inches or a change in form. iv. Roofs that integrate solar panels or other building-integrated photovoltaic equipment are exempt from standards of this Section if needed to achieve a net zero result on site. v.iv. Subdivisions with more than 20 units must include a minimum of three distinct roof forms. 2. Entrances a. Orientation. The primary entrance of any unit located along public rights-of- way or pathways must facing face public street or pathway. Exceptions to this requirement may be approved where the site is located on a major arterial carrying high traffic volumes. b. Protection. The primary entry must incorporate a projection, recess, or combination of projection and recess at least 40 square feet in area, with a minimum depth of five feet. Page 187 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 5 Figure 17.03-2. Entrance Protection 3. Rear Access. Rear doors wider than three feet must be accessible by a landing area that is a minimum six feet in depth and a width that is no less than that of the door opening or three feet, whichever is greater. Doors three feet wide or less shall have a landing of a minimum depth of three and a width that is at least as wide as the size of the opening. 4. Building Materials a. Cladding Materials. Primary and secondary cladding materials are limited to: i. Stucco (minimum two-coat; synthetic stucco or Exterior Insulation and Finish Systems [EIFS] not allowed). ii. Wood, composite wood, or cement fiberboard, painted aluminum, or vinyl siding. (a) All siding must be lap, vertical, or shingle. (b) Wood siding must be painted or stained. iii. Stone (natural or manufactured). iv. Metal. v. Brick/masonry. vi. Tile. b. Prohibited Building Materials. Plywood, corrugated metal, and aluminum are prohibited. c. Change in Exterior Building Material. When there is a change in exterior building material, the material change must occur at the inside corner of a building form, or a minimum of two feet beyond an outside corner. d. Material durability/protection. Page 188 of 339 City of Beaumont Code Amendments – Objective Design Standards 6 | City of Beaumont | Public Review Draft i. Exterior finish materials must have an expected lifespan of no less than 30 years. ii. Exterior timber must be protected from decay by stain and sealant. iii. Exterior ferrous metals must be protected from corrosion either through the use of galvanized, stainless, or weathering steel. e. Colors. Reflective or bright colors that contrast dramatically with the colors of the surrounding land, structures, and vegetation may be used for trim or for accents only. 5. Windows. a. All windows facing rights-of-way or public open spaces must be double-hung with operable sashes. Grids of small panes must be true divided lites separated by muntins or as approved by the Community Development Director. Figure 17.03-3. Window Design b. Window recess or trim. Trim at least two inches in width and ¾-inch in depth must be provided around all windows, or windows must be recessed at least 2.5 inches from the plane of the surrounding exterior wall. Figure 17.03-4. Window Trim or Recess c. Reflective or opaque tinting of glazing is prohibited. Page 189 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 7 6. 360-Degree Design. All buildings must be designed with “360-degree design” where each exterior wall is designed equivalent to the primary facade in the extent of building articulation, level of detail, and quality of exterior materials, and consistent with the color scheme of the primary facade. Details include but are not limited to door recesses, door trim, cornices, belt courses, columns/piers, posts/beams, brackets, columns/arches, and roof forms. 7. Parking Design and Access. a. Driveways. i. For lots less than 70 feet in width, a maximum of one driveway up to 20 feet wide is allowed for required parking. ii. For lots 70 feet wide or more, the width of a driveway to a two-car garage may not exceed 28 feet in width. iii. The minimum paved apron length is 20 feet. Figure 17.03-5. Driveway Design b. Three-car garages. A garage with three or more doors, or garages designed to accommodate three or more non-tandem parked cars, are allowed only on Page 190 of 339 City of Beaumont Code Amendments – Objective Design Standards 8 | City of Beaumont | Public Review Draft lots 85 feet wide or greater, and at least one garage front must be separated from the remaining garage fronts by at least two feet. Figure 17.03-6. Three-Car Garages c. Corner Lots. Corner lots and through lots may beare allowed more than one driveway on different street frontages if the. Where a lot has more than one approved garage, carport, or parking space, a second driveway may be allowed with Community Development Director and City Engineer approval. d. Carports and Detached Garages. i. Carports and detached garages must be constructed of the same materials and in the same style as the main building. ii. Carports mustare recommended to be solar ready. e. Garage Design. i. The garage may not extend more than 12 feet beyond the front of the primary facade. ii.i. Garage doors must be recessed a minimum of six inches from the face of the garage. iii.ii. Garage doors must be articulated with windows, paneling, recesses, or other details. iv.iii. All two-car garages must have a minimum free and clear interior dimension of 2023 feet by 2022 feet, while one-car garages must have a minimum dimension of 1013 feet by 2022 feet. v.iv. Notwithstanding the design standards of this Chapter, all garage structures, attached or detached, must match the architectural design and detail of the existing building. f. Tandem Parking. Tandem parking must be allowed for single family residences and duplexes. g. Continuous Walkway. A continuous paved walkway at least three feet wide must connect on-site side gates, driveways to garages, and the front door. 8. Outdoor Lighting. All exterior doors, including garage doors, must be illuminated with outdoor light fixtures. See Chapter 8.50 – Outdoor Lighting for additional standards. Page 191 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 9 9. Additions/remodels. Notwithstanding the design standards of this Chapter, additions to and remodels of existing buildings, including porches, balconies and decks, must match the architectural design and detail of the existing building. ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020; Ord. No. 1150 , § 4(Exh. A), 10-4-2022) 17.03.065 Residential, Traditional Neighborhood (R-TN Zone) No change No change No change No change No change No change No change No change Supplemental Multiple Family Design Standards. The following standards apply to multiple family developments, including attached single unit developments, in the R-TN, R-MF, UV, TOD Overlay, DMF, DMU, SSMU, and SSMU-R zones. 1. Building Scale and Massing. a. Street-facing Facades. Along the front and street side façade, the fourth story must be stepped back a minimum six feet from the ground floor façade. b. Interior Side and Rear Facades. Along the interior side and rear façade, when abutting a single-family residential zone, building massing is limited by a 45- degree plane beginning at 24 feet above the interior or rear minimum setback line. Page 192 of 339 City of Beaumont Code Amendments – Objective Design Standards 10 | City of Beaumont | Public Review Draft Figure 17.03-7. Required 45-Degree Plane 2. Building Design. a. All street-facing façades shall have at least one horizontal or vertical projection or recess at least two feet in depth, for every 25 horizontal feet of wall. Building entrances and front porches may count towards meeting this requirement. Figure 17.03-8. Façade Articulation, Multiple Family Development Requirements Exhibit b. Horizontal articulation must include a differentiated base, a roof cornice line or parapet, and an eave, awning, overhang, transom feature, belt course, or other architectural element that frames the middle section of the building. c. Buildings or portions of buildings over two stories must include articulation for the top story of the building. This may be accomplished through a two or moreChange in color, Change in material, a cornice/belt course at the bottom of the uppermost floor, following:Change in roof pitch, such as a gable, or an upper-story step-back. i. Change in color ii. Change in material Page 193 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 11 iii. Cornice/belt course at the bottom of the uppermost floor iv. Change in roof pitch, such as a gable, or an upper-story step-back Figure 17.03-9. Building Façade Elements Exhibit d. Staggering of Attached Units. For attached townhouse and rowhouse development, facades of adjacent attached units must be staggered a minimum of 12 inches in plan view to avoid monotony in design. e. Privacy. i. Upper-story balconies, roof decks, and other habitable outdoor space must maintain a minimum 10 feet clear from the property line abutting a lower-intensity residential zone and must include an opaque wall at least four feet in height as measured from the floor of the open space. ii. Floor-to-ceiling windows are not allowed on upper-story facades within 10 feet of a property line abutting a lower-intensity residential zone. f. Roof Design. Allowed roof forms are limited to hipped, gabled, shed, or flat roofs with parapets. i. When pitched roofs are used, the slope must be 3:12 to 5:12 ratio. ii. Eaves must not exceed 1824 inches in depth and must incorporate a visible pattern of exterior brackets, or beamsas allowed by the California Fire Code, Chapter 7. iii. Street-facing eaves and overhangs that exceed 18 inches in depth must be either fully stuccoed on the underside or must incorporate a visible pattern of exterior brackets or beams. Page 194 of 339 City of Beaumont Code Amendments – Objective Design Standards 12 | City of Beaumont | Public Review Draft iii.iv. Parapet segments may not exceed 25 feet in length without a change in height of at least 24 inches or a change in form. iv. Roofs that integrate solar panels or other building-integrated photovoltaic equipment are exempt from standards of this Section if needed to achieve a net zero result on site. v. The roof line at each elevation of attached units shall demonstrate an offset of at least 24 inches for each one to three units exposed on that elevation, but in no case shall a roof line be more than 50 feet in length without a minimum 18-inch offset. Figure 17.03-10. Roof Line, Multiple Family Development Requirements Exhibit g. Transparency and Blank Walls. i. At least 75 percent of the façade of each building adjacent to a street shall be occupied by habitable space with windows. ii. Each street-facing building façade shall have at least one pedestrian entry into the structure. iii. No wall on any level may run in a continuous plane of more than 12 feet without a projection, offset, or recess of the building wall at least 18 inches in depth. Page 195 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 13 Figure 17.03-11. Required Facade Articulation h. Building Materials. Primary and secondary cladding materials are limited to: i. Stucco (minimum two-coat; synthetic stucco or Exterior Insulation and Finish Systems [EIFS] not allowed) ii. Wood, composite wood, or cement fiberboard, painted aluminum, or vinyl siding. (a) All siding must be lap, vertical, or shingle. (b) Wood siding must be painted or stained. iii. Stone (natural or manufactured). iv. Metal. v. Brick/masonry. vi. Tile. i. Prohibited Building Materials. Plywood, corrugated metal, sheet metal, and aluminum are prohibited. j. Changes in Exterior Material. When there is a change in exterior building material, the material change must occur at the inside corner of a building form, or a minimum of two feet beyond an outside corner. k. Material Durability/Protection. i. Exterior finish materials must have an expected lifespan of no less than 30 years. ii. Exterior timber must be protected from decay by stain and sealant. iii. Exterior ferrous metals must be protected from corrosion either through the use of galvanized, stainless, or weathering steel. Page 196 of 339 City of Beaumont Code Amendments – Objective Design Standards 14 | City of Beaumont | Public Review Draft l. Colors. Reflective or bright colors that contrast dramatically with the colors of the surrounding land, structures, and vegetation may be used for trim or for accents only. 3. Windows. a. Window Recess or Trim. Trim at least two inches in width and ¾-inch in depth must be provided around all windows, or windows must be recessed at least 2.5 inches from the plane of the surrounding exterior wall. Figure 17.03-12. Window Design b. Reflective or opaque tinting of glazing is prohibited. 4. Building Entrances. a. All dwelling units located along streets shall have the primary entrance facing the street. Exceptions to this requirement may be approved where the site is located on a major arterial carrying high traffic volumes. b. Dwelling units located in the interior of a multiple family development shall be designed so that the primary entryway is visible from a pedestrian pathway that is connected to a street. c. Building entrances shall have a roofed projection (such as a porch) or recess with a minimum depth of at least five feet and a minimum horizontal area of 30 square feet. d. Multi-family building frontages must take one of the following forms: i. Porch. Individual covered porch frontages with dimensions as indicated below: (a) Porch clear width: Minimum 12 feet (b) Porch clear depth (excluding stairs): Minimum 8 feet (c) Porch finish level above sidewalk: Minimum 18 inches (d) Porch clear height: Minimum 8 feet, maximum 12 feet Page 197 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 15 Figure 17.03-13. Porch Frontage Exhibit ii. Stoop. Individual covered stoop frontages with dimensions as indicated below: (a) Stoop width: Minimum 5 feet, maximum 8 feet (b) Stoop depth: Minimum 4 feet, maximum 8 feet (c) Stoop height above sidewalk: Minimum 18 inches (d) Stoop entry recession: Minimum 6 inches, maximum 6 feet (e) Stoop clear height: Minimum 8 feet Figure 17.03-14. Stoop Frontage Exhibit iii. Dooryard. Individual covered dooryard frontages with dimensions as indicated below: (a) Dooryard width: Minimum 6 feet (b) Dooryard depth: Minimum 4 feet, maximum 8 feet (c) Dooryard overhead projection depth: Maximum 6 feet (d) Dooryard clear height: Minimum 8 feet (e) Dooryard wall/planter/fence height: Maximum 3 feet Page 198 of 339 City of Beaumont Code Amendments – Objective Design Standards 16 | City of Beaumont | Public Review Draft Figure 17.03-15. Dooryard Frontage Exhibit iv. Arcade. Individual covered arcade frontages with dimensions as indicated below: (a) Arcade depth: Minimum 8 feet, must be consistent for the length of the arcade. (b) Arcade clear height: Maximum 12 feet. (c) Arcade column spacing: Minimum 4 feet clear between columns. (d) Arcade distance from curb (encroachment permit may be required): Minimum 2 feet, maximum 6 feet. Figure 17.03-16. Arcade Frontage Exhibit v. Gallery. Individual covered gallery frontages with dimensions as indicated below: (a) Gallery depth: Minimum 12 feet, maximum 16 feet, must be consistent for the length of the gallery. (b) Gallery clear height: Minimum 12 feet, maximum 16 feet. (c) Gallery distance from curb (encroachment permit may be required): Minimum 2 feet, maximum 6 feet. Page 199 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 17 Figure 17.03-17. Gallery Frontage Exhibit iv.vi. ADA Accessibility. All frontages must comply with ADA accessibility requirements. 5. Private Storage Space. Each unit shall have at least 200 cubic feet of enclosed, weather-proofed, and lockable private storage space with a minimum horizontal dimension of four feet. 6. 360-Degree Design. All buildings must be designed with “360-degree design” where each exterior wall is designed equivalent to the primary facade in the extent of building articulation, level of detail, and quality of exterior materials, and consistent with the color scheme of the primary facade. Details include but are not limited to window and door trim, window and door recesses, cornices, belt courses, columns/piers, posts/beams, brackets, columns/arches, and roof forms. 7. Additions/Remodels. Notwithstanding the design standards of this Chapter, additions to and remodels of existing buildings, including porches, balconies and decks, must match the architectural design and detail of the existing building. 8. Usable Open Space Design. a. Required private open space design. i. Required private open space must take the form of balconies, decks, patios, fenced yards, or other similar areas outside the residence. ii. Required private open space must be accessible to only one living unit by a doorway to a habitable room. b. Required common open space design. i. Required common areas must include landscaped areas, walks, patios, swimming pools, barbeque areas, playgrounds, turf, or other such improvements that enhance the outdoor environment of the development. ii. Required common open space must be accessible to all living units on the development site by a stairway or other accessway qualifying as an egress facility from a habitable room. Page 200 of 339 City of Beaumont Code Amendments – Objective Design Standards 18 | City of Beaumont | Public Review Draft iii. Common open spaces may be at-grade, elevated, on parking podiums, or on rooftops. See Section 17.03.065.J.2.e.i for additional limitations on elevated open space. iv. A surface must be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any combination of lawn, garden, flagstone, wood planking, concrete, or other dust-free surfacing. v. The slope of required common open space may not exceed 10 percent. 4. Pedestrian Access and Circulation. 5.9. Pedestrian access. On-site pedestrian circulation and access shall be provided consistent with the following standards. a. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities. b. Paving. Paving within required setback areas must be distinct from the adjacent public sidewalk in color, design, or texture. c. To Circulation Network. Regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes or trails shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. d. To Neighbors. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security. e. To Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances. f. Pedestrian walkway design. i. Walkways shall be a minimum of six8 feet wide, shall be hard-surfaced, and paved with permeable materials. Walkway widths may be reduced to three feet wide for small lot development (Section 17.11.030.D). ii. Where a required walkway crosses a driveway, parking area, or loading area, it must be clearly identified using a raised crosswalk, a different paving material, or a similar method. iii. Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or another physical barrier. 6.10. Parking Design and Access. Page 201 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 19 a. Surface Parking Area Design. Surface parking areas must be separated from on- site buildings by a minimum distance of five feet that is either paved or landscaped. b. Parking in the Front Setback. Any driveways or other paved parking areas located in the front setback must be a minimum 18 feet in length. c. Garages and Carports. i. Garage doors must be recessed a minimum of six inches from the face of the garage. ii. All two-car garages must have a minimum free and clear interior dimension of 2024 feet by 2024 feet, while one-car garages must have a minimum dimension of 1014 feet by 2024 feet. d. Structured Parking Levels Facing the Right-of-Way. Where ground level structured parking occupies more than 30 percent of a building facade facing a right-of- way or pedestrian walkway, the finished floor of the parking level must be a minimum four vertical feet below the finished grade at the building facade. Figure 17.03-18. Structured Parking Facing the Right-of-Way Exhibit e. Tandem Parking. Tandem parking may be permitted to satisfy the off-street parking requirement in accordance with the following. i. No more than two vehicles may be placed one behind the other. ii. Both spaces must be assigned to a single dwelling unit or to employees of the same non-residential establishment. iii. The tandem parking bay must be a minimum 40 feet by 10 feet in dimension. iv. Tandem parking to meet required parking for multi-unit development must be located within an enclosed structure and the number of tandem parking spaces may not exceed 50 percent of the total number of spaces provided. Page 202 of 339 City of Beaumont Code Amendments – Objective Design Standards 20 | City of Beaumont | Public Review Draft v. Tandem parking may not be used to satisfy the parking requirement for guest parking. f. Driveway width. Driveways to shared garages may not exceed 24 feet in width. g. Parking visibility. Visible structured parking must be screened from view from the right-of-way by landscaping or decorative screening, or a combination of architectural features andin addition to landscaping or living walls. h. Parking separation. Parking for residential units must be separated from parking for non-residential uses through a controlled fence, gate, or other barrier. i. Curb cut frequency. i. A maximum of one curb cut for driveway access may be permitted per street frontage per building. ii. On corner lots, curb cuts must be located on the street frontage with the least pedestrian activity whenever feasible. j. Shared garage doors. i. All garage doors must be motorized. ii. Controlled entrances to shared parking facilities (gates, doors, etc.) may not exceed 20 feet in width. 7.11. Bicycle Parking. a. Short-term Bicycle Parking. Short-term secure bicycle parking must be provided to serve guests. i. Spaces Required. The minimum number of short-term secure bicycle parking spaces is 10 percent of the required vehicular parking spaces, in no case fewer than four secure bicycle parking spaces provided per development. ii. Location. (a) Short-term secure bicycle parking must be located outside of pedestrian walkways, and within 100 feet of the main entrance to the building it serves. (b) Short-term secure bicycle parking must be located outside of the public right-of-way except as allowed through an encroachment permit. iii. Anchoring and Security. For each short-term bicycle parking space required, a stationary, securely-anchored bicycle rack must be provided to which a bicycle frame and one wheel (two points of contact) can be secured with a high-security U-shaped shackle lock if both wheels are left on the bicycle. One such bicycle rack may serve multiple bicycle parking spaces. Page 203 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 21 iv. Size and Accessibility. Each short-term bicycle parking space must be a minimum of two feet in width and six feet in length and must be accessible without moving other bicycles. Two feet of clearance must be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways. Five feet of clearance must be provided from vehicle parking spaces. b. Long-Term Bicycle Parking. Long-term bicycle parking must be provided to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer. i. Spaces Required. (a) A minimum of one long-term secured bicycle parking space must be provided for every four dwelling units or portion thereof. (b) Any establishment with six or more full-time equivalent employees must provide long-term bicycle parking designated on a site plan at a minimum ratio of one bicycle parking space per 10 required vehicle parking spaces. Parking areas with fewer than six spaces are encouraged but not required to provide long-term bicycle parking. ii. Location. Long-term bicycle parking must be located on the same lot as the use it serves and near a building entrance. In parking structures, long-term bicycle parking must be located near an entrance to the facility. Where the bicycle parking area is not visible from the entrance of the building, signs located at the entrance or in an entry lobby of the building must identify the location of bicycle parking. iii. Anchoring and Security. Long-term bicycle parking must be located in an enclosed bicycle locker or other secure areas approved by the Community Development Director. iv. Size and Accessibility. Each long-term bicycle parking space must be a minimum of two feet in width and six feet in length and must be accessible without moving other bicycles. Two feet of clearance must be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways. Five feet of clearance must be provided from vehicle parking spaces. 17.19.040 Downtown Mixed Use Zone (DMU Zone) No change No change Downtown Mixed Use Zone, Development Standards. The following Standards shall apply to the Downtown Mixed Use Zone (DMU Zone): Page 204 of 339 City of Beaumont Code Amendments – Objective Design Standards 22 | City of Beaumont | Public Review Draft 1. Lot Area and Dimensions. No minimum requirement. 2. Setbacks and Yards. The following setback requirements are applicable to the Downtown Mixed Use Zone (DMU Zone): a. Front Yard Setbacks. No front yard setback isSetback, Commercial Uses. None required for commercial uses;. b. Front Yard Setback, Residential Uses. Maximum five foot maximum setback for residential development; andfeet. All portions not used for access must be landscaped. a.c. Front Yard Setback, Above Ground Parking. Minimum 40 feet for above ground parking. The setback for above ground parking may be waived by the Community Development Director upon making the following findings: i. The site is small and/or constrained such that underground parking or surface parking located more than 40 feet from the street is not feasible; and. ii. The parking area located within 40 feet of the street is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06. b. Rear Yard Setbacks. No rear yard setback is required, except when adjacent to single family residential use. The rear yard setback is 20 feet when adjacent to single family residential use. c. Side Yard Setbacks. No side yard setback is required, except when adjacent to single family residential use. The side yard setback is 15 feet when adjacent to single family residential use. d. Freeway Setbacks for Residential Uses. Residential uses shall have a minimum setback of 500 feet from Interstate 10. 3. Density. The maximum density shall be 15 units per acre. 4. Floor Area Requirements. The maximum permitted floor area ratio is 0.35. The floor area ratio standard applies to non-residential uses only. 5. Building Height. In the Downtown Mixed Use Zone (DMU Zone), the maximum height of any building shall not exceed 3 stories or 45 feet. 6. Step back from Adjacent Residential. New development when sited next to single-family uses shall step back upper floors (third and higher) an additional 15 feet to maintain solar access and privacy for adjacent single family residential uses. See Figure 17.19- 2. Page 205 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 23 Figure 17.19-2. Step Back from Adjacent Residential Uses No change No change No change No change No change Supplemental Standards for Multiple-family, Residential Mixed-Use, and Attached Single-Family Development. The standards of Section 17.03.065.J, Supplemental Standards apply to all multiple-family, residential mixed-use, and attached single family development within the DMU, SSMU, and SSMU-R Zones. Supplemental Standards, All Development. The standards below apply to all development in the DMU, SSMU, and SSMU-R zones. 1. Wall Plane Modulation. a. All non-residential street-facing façades must have at least one horizontal or vertical projection or recess at least two feet in width and depth, for every 50 horizontal feet of wall. Page 206 of 339 City of Beaumont Code Amendments – Objective Design Standards 24 | City of Beaumont | Public Review Draft Figure 17.19-3. Wall Plane Modulation b. Horizontal articulation must include a differentiated base, a roof cornice line or parapet, and an eave, awning, overhang, transom feature, belt course, or other architectural element that frames the middle section of the building. c. Buildings or portions of buildings over two stories must include articulation for the top story of the building. This may be accomplished through a change in color, change in material, a cornice/belt course at the bottomtwo or more of the uppermost floor, change in roof pitch, such as a gable, or an upper-story step-back. following: i. Change in color; ii. Change in material; iii. Cornice/belt course at the bottom of the uppermost floor; and iv. Change in roof pitch, such as a gable, or an upper-story step-back. Page 207 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 25 Figure 17.17.040.B:19-4. Building Façade Visible from Public Street 2. Ground Floor Height. a. Non-residential ground level floor-to-ceiling height must be a minimum 11 feet. b. Non-residential ground floor height may not differ from the height of any adjacent non-residential use by more than two feet. or as approved by the Community Development Director. 3. Building Transparency/Required Openings. Exterior walls facing and within 20 feet of a front or street side property line shall include windows, doors, or other openings for at least 50 percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk. Such walls may run in a continuous plane for no more than 30 feet without an opening. a. Design of openings. Openings fulfilling this requirement shall have transparent glazing and provide views into display areas, sales areas, work areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep. b. Exceptions. The following are exempt from this requirement: i. Residential uses; and ii. Multi-level garages. c. Reductions. This requirement may be reduced or waivedto 40 percent if street- facing building walls exhibit architectural relief (articulated building base, columns/piers, transom) and are enhanced with landscaping at the Community Development Director makes the following findings:pedestrian level. d. TheReductions by Director. This requirement may be further reduced or waived if the Community Development Director finds that the Page 208 of 339 City of Beaumont Code Amendments – Objective Design Standards 26 | City of Beaumont | Public Review Draft proposed use has unique operational characteristics with which providing the required transparency and openings is incompatible ; and. i. Street-facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping to create visual interest at the pedestrian level. Figure 17.19-35. Building Transparency/Required Openings Exhibit d.e. Enhancement on Blank Walls. Blank walls that exceed eight horizontal feet at the ground level must include one or more of the following: i. A pattern of insets; ii. A building base of at least 2.5 feet in height and a cornice or other architectural features at the top of the ground level; iii. Landscaping that, at maturity, obscures a minimum 50 percent of the wall area; or iv. Landscaped metal trellises or lattices over a minimum 50 percent of the wall area. 4. Building Orientation. Building frontages shall be generally parallel to streets and pedestrian walkways. 4.5. Building Entrances. a. Orientation. The primary building entrance shall face a public sidewalk. Buildings located in the interior of a site shall have the primary entrance faceing a pedestrian walkway that is connected to a public sidewalk. b. Separation of Residential and Non-Residential Entrances. Entrances to residential units, either shared or common, must be a minimum 30 horizontal feet from commercial entrances. Live/work units are excluded from this standard. 5.1. Building Orientation.Building frontages shall be generally parallel to streets and pedestrian walkways. Page 209 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 27 6. Corner Design. Building design at intersections must exhibit signature architectural features at the corner. Features may include but are not limited to tower elements, wrap-around bay windows, or rounded or chamfered corners elements, or decorative parapets. 7. 360-Degree Design. All buildings must be designed with “360-degree design” where each exterior wall is designed equivalent to the primary facade in the extent of building articulation, level of detail, and quality of exterior materials, and consistent with the color scheme of the primary facade. Details include but are not limited to window and door trim, window and door recesses, cornices, belt courses, columns/piers, posts/beams, brackets, columns/arches, and roof forms. 8. Additions/remodels. Notwithstanding the design standards of this Chapter, additions to and remodels of existing buildings, including porches, balconies and decks, must match the architectural design and detail of the existing building. 9. Pedestrian Access and Circulation. On-site pedestrian circulation and access shall be provided consistent with the following standards.: a. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities. b. Paving. Paving within required setback areas must be distinct from the adjacent public sidewalk in color, design, or texture. c. To Circulation Network. Regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes or trails shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. d. To Neighbors. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security. e. To Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances. f. Pedestrian Walkway Design. i. Walkways shall be a minimum of six feet wide, shall be hard-surfaced, and paved with permeable materials. Walkway widths may be reduced to three feet wide for small lot development (Section 17.11.030.D). ii. Where a required walkway crosses a driveway, parking area, or loading area, it must be clearly identified using a raised crosswalk, a different paving material, or a similar method. iii. Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or another physical barrier. Page 210 of 339 City of Beaumont Code Amendments – Objective Design Standards 28 | City of Beaumont | Public Review Draft 10. Public Open Space Requirement. Developments with 50,000 square feet or more of non-residential floor area on sites of five acres or larger shall provide open space consistent with the following: a. Forty square feet of open space shall be provided for every 1,000 square feet of nonresidential floor area for the first 100,000 square feet of non-residential floor area, plus 20 square feet of open space for every 1,000 square feet of non-residential floor area over 100,000 square feet. b. Such open space shall be visible and accessible from a public street, or from on-site areas normally frequented by customers and shall be accessible during business hours. Areas within required setbacks may count towards the open space requirement. c. Such open space shall have a minimum dimension of 40 feet. d. Amenities shall be included that enhance the comfort, aesthetics, or usability of the space, including trees, landscaping, shade structures, seating (e.g., fixed seating, planter ledges, etc.), lighting, drinking fountains, public art, or performance areas. e. The surface of the open space shall allow for convenient outdoor activity, recreation, and/or gathering. Such surface may be plant or hardscape material, or a combination thereof. 11. Parking Design. a. Surface Parking Area Design. Surface parking areas must be separated from on- site buildings by a minimum distance of five feet that is either paved or landscaped. b. Garages. Garage doors must be recessed a minimum of six inches from the face of the garage. c. Tandem Parking. Tandem parking may be permitted to satisfy the off-street parking requirement in accordance with the following. i. No more than two vehicles may be placed one behind the other. ii. Both spaces must be assigned to a single dwelling unit or to employees of the same non-residential establishment. iii. The tandem parking bay must be a minimum 40 feet by 10 feet in dimension. iv. Tandem parking to meet required parking for multi-unit development must be located within an enclosed structure and the number of tandem parking spaces may not exceed 50 percent of the total number of spaces. v. Tandem parking may not be used to satisfy the parking requirement for guest parking. d. Driveway Width. Driveways to shared garages may not exceed 35 feet in width. Page 211 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 29 e. Parking Visibility. Visible structured parking must be screened from view from the right-of-way by landscaping or decorative screening, or a combination of architectural features and landscaping or living walls. f. Curb Cut Frequency. i. A maximum of one curb cut for driveway access may be permitted per street frontage per development project site, unless additional curb cuts are approved by the Community Development Director, Public Works Director and Public Safety or the Development Review Committee. ii. On corner lots, curb cuts must be located on the street frontage with the least pedestrian activity whenever feasible. 12. Bicycle Parking. a. Short-term Bicycle Parking. Short-term secure bicycle parking must be provided to serve shoppers, customers, messengers, guests, and other visitors to a site who generally stay for a period of four hours or less. i. Spaces Required. For the following uses, the required number of short- term secure bicycle parking spaces is ten percent of the parking spaces required in Chapter 17.05, Off-Street Parking and Loading Standards, in no case fewer than four secure bicycle parking spaces provided per use. (a) Multi-family dwellings; (b) All public uses; and (c) All commercial uses, except automobile/vehicle sales and services. ii. Location. (a) Short-term secure bicycle parking must be located outside of pedestrian walkways, and within 100 feet of the main entrance to the building it serves. (b) Short-term secure bicycle parking must be located outside of the public right-of-way except as allowed through an encroachment permit. (c) Where the secure bicycle parking area is not visible from the main entrance of the buildings, signs located at the main entrance of the building must identify the location of bicycle parking. iii. Anchoring and Security. For each short-term bicycle parking space required, a stationary, securely-anchored bicycle rack must be provided to which a bicycle frame and one wheel (two points of contact) can be secured with a high-security U-shaped shackle lock if Page 212 of 339 City of Beaumont Code Amendments – Objective Design Standards 30 | City of Beaumont | Public Review Draft both wheels are left on the bicycle. One such bicycle rack may serve multiple bicycle parking spaces. iv. Size and Accessibility. Each short-term bicycle parking space must be a minimum of two feet in width and six feet in length and must be accessible without moving other bicycles. Two feet of clearance must be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways. Five feet of clearance must be provided from vehicle parking spaces. b. Long-Term Bicycle Parking. Long-term bicycle parking must be provided to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer. i. Spaces Required. (a) A minimum of one long-term secured bicycle parking space must be provided for every four dwelling units or portion thereof. (b) Any establishment with six or more full-time equivalent employees must provide long-term bicycle parking designated on a site plan at a minimum ratio of one bicycle parking space per 10 required vehicle parking spaces. Parking areas with fewer than six spaces are encouraged but not required to provide long-term bicycle parking. ii. Location. Long-term bicycle parking must be located on the same lot as the use it serves and near a building entrance. In parking structures, long-term bicycle parking must be located near an entrance to the facility. Where the bicycle parking area is not visible from the entrance of the building, signs located at the entrance or in an entry lobby of the building must identify the location of bicycle parking. iii. Anchoring and Security. Long-term bicycle parking must be located in an enclosed bicycle locker or other secure areas approved by the Community Development Director. iv. Size and Accessibility. Each long-term bicycle parking space must be a minimum of two feet in width and six feet in length and must be accessible without moving other bicycles. Two feet of clearance must be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways. Five feet of clearance must be provided from vehicle parking spaces. 17.19.060 Sixth Street Mixed Use Zone (SSMU Zone) No change No change Page 213 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 31 Sixth Street Mixed Use Zone, Development Standards. The following Standards shall apply to the Sixth Street Mixed Use Zone (SSMU Zone): 1. Lot Area and Dimensions. Lot sizes for the Sixth Street Mixed Use Zone (SSMU Zone) shall not be less than 10,000 square feet with a minimum average lot depth of 100 feet and a minimum average lot width of 80 feet. 2. Setbacks and Yards. The following setback requirements are applicable to the Sixth Street Mixed Use Zone (SSMU Zone): a. Front Yard Setbacks. The minimum front yard setback isMinimum five feet and the maximum front yard setback is 10 feet; and. Maximum 10 feet. All portions not used for access must be landscaped. b. Front Yard Setback, Above Ground Parking. Minimum 40 feet. The setback for above ground parking may be waived by the Community Development Director upon making the following findings: i. The site is small and/or constrained such that underground parking or surface parking located more than 40 feet from the street is not feasible; and ii. The parking area located within 40 feet of the street is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06. b.c. Rear Yard Setbacks. The minimum rear yard setback is 10 feet, except when adjacent to a single family residential use. The rear yard setback is 20 feet when adjacent to single family residential use. c.d. Side Yard Setbacks. The minimum side yard setback is 5 feet, except when adjacent to single family residential use. The side yard setback is 15 feet when adjacent to single family residential use. d.e. Freeway Setbacks for Residential Uses. Residential uses shall have a minimum setback of 500 feet from Interstate 10. 3. Density. The maximum density shall be 22 units per acre. 4. Floor Area Requirements. The maximum permitted floor area ratio is 0.5. The floor area ratio standard applies to non-residential uses only. 5. Building Height. In the Sixth Street Mixed Use Zone (SSMU Zone), the maximum height of any building shall not exceed 4 stories or 60 feet, except as noted below. 6. Step back from Adjacent Residential. New development when sited next to single- family uses shall step back upper floors (third and higher) an additional 15 feet to maintain solar access and privacy for adjacent single family residential uses. See Figure 17.19-2. No change No change Page 214 of 339 City of Beaumont Code Amendments – Objective Design Standards 32 | City of Beaumont | Public Review Draft No change No change No change No change ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020; Ord. No. 1150 , § 4(Exh. A), 10-4-2022) 17.19.70 Sixth Street Mixed Use—Residential Zone (SSMU-R Zone) No change No change Sixth Street Mixed Use Zone, Development Standards. The following Standards shall apply to the Sixth Street Mixed Use—Residential Zone (SSMU-R Zone): 1. Lot Area and Dimensions. Lot sizes for the Sixth Street Mixed Use—Residential Zone (SSMU-R Zone) shall not be less than 10,000 square feet with a minimum average lot depth of 100 feet and a minimum average lot width of 80 feet. 2. Setbacks and Yards. The following setback requirements are applicable to the Sixth Street Mixed Use—Residential Zone (SSMU-R Zone): a. Front Yard Setbacks. The minimum front yard setback isMinimum five feet, and the maximum front yard setback is. Maximum 10 feet; and. All portions not used for access must be landscaped. a.b. Front Yard Setback, Above Ground Parking. Minimum 40 feet for above ground parking. The setback for above ground parking may be waived by the Community Development Director upon making the following findings: i. The site is small and/or constrained such that underground parking or surface parking located more than 40 feet from the street is not feasible; and ii. The parking area located within 40 feet of the street is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06. b.c. Side Yard Setbacks. The minimum side yard setback is 5 feet, except when adjacent to single family residential use. The side yard setback is 15 feet when adjacent to single family residential use. 3. Density. The maximum density shall be 22 units per acre. 4. Floor Area Requirements. The maximum permitted floor area ratio is 0.5. The floor area ratio standard applies to non-residential uses only. 5. Building Height. In the Sixth Street Mixed Use—Residential Zone (SSMU-R Zone), the maximum height of any building shall not exceed 4 stories or 60 feet. Page 215 of 339 City of Beaumont Code Amendments – Objective Design Standards Public Review Draft | City of Beaumont | 33 6. Step back from Adjacent Residential. New development when sited next to single-family uses shall step back upper floors (third and higher) an additional 15 feet to maintain solar access and privacy for adjacent single family residential uses. See Figure 17.19- 2. No change No change No change No change No change ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020; Ord. No. 1150 , § 4(Exh. A), 10-4-2022) Page 216 of 339 Nonconforming & ODS (5209298) - Page 1 of 1 The Press-Enterprise 3512 14 Street Riverside, California 92501 (951) 368-9229 City of Beaumont 550 E. 6th Street Beaumont, California 92223 Publication: The Press-Enterprise PROOF OF PUBLICATION OF Ad Desc: 0011617909 FILE NO. 0011617909 PROOF OF PUBLICATION I am a citizen of the United States. I am over the age of eighteen years and not party to or interested in the above- entitled matter. I am an authorized representative of THE PRESS- ENTERPRISE, a newspaper of general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673, under date of August 25, 1995, Case Number 267864, and under date of September 16, 2013, Case Number RIC 1309013; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit: 08/11/2023 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Date: August 11, 2023. At: Riverside, California ______________________________ Signature Page 217 of 339 Staff Report TO: City Council FROM: Elizabeth Gibbs, City Manager DATE September 19, 2023 SUBJECT: Consider Adopting a Resolution Waiving the Special Event Permit Application Fee and Police Department Charges for Service for the 33rd Annual Oktoberfest Event at Noble Creek Regional Park Description Fee waiver request from the Beaumont Cherry Valley Recreation and Park District. Background and Analysis: Beaumont Cherry Valley Recreation and Park District (BCVRPD) has submitted a request for consideration of waiving the special event permit application fee and police services fees for their 33rd annual Oktoberfest event held on September 15th – 17th at Noble Creek Regional Park. The special event permit application fee is deposit-based set at $5,000. Applicants deposit $5,000 with the City at the time of application submittal and then any staff time spent reviewing the application and drafting required conditions of approval are then charged against the deposit. Any remaining balance once the process is completed and the permit issued would then be refunded to the applicant. Staff costs for BCVRPD’s application for the Oktoberfest event are $1,345.81. Historically, BCVRPD is invoiced for any police services provide d for this event. Those costs generally range from $2,500 to $3,000 and are based on actual time paid to employees to cover the event. This year’s estimated charge for police services is approximately $3,500. Actual costs will be calculated once the event concludes. BCVRPD is requesting a waiver of both the special event permit application fee and police services fees for the 2023 Oktoberfest. Fiscal Impact: The total amount of fees requested to be waived for the 33 rd Annual Oktoberfest is approximately $4,845.81. City staff estimate the cost to prepare this report is $154. Page 218 of 339 Recommended Action: Staff recommends City Council consider waiving the special event permit application fees ONLY, and Waive the full reading and adopt by title only, “A Resolution of the City of Beaumont Authorizing the Waiver of a One-Time Special Event Permit Application Fee for the 33 rd Annual Oktoberfest Event at Noble Creek Regional Park.” Attachments: A. Resolution B. Special Event Permit Application C. Fee Waiver Request Page 219 of 339 Page 220 of 339 Page 221 of 339 Page 222 of 339 Page 223 of 339 Page 224 of 339 Page 225 of 339 Page 226 of 339 Page 227 of 339 Page 228 of 339 Staff Report TO: City Council FROM: Sean Thuilliez, Chief of Police DATE September 19, 2023 SUBJECT: Approve a Five-Year Software and Services Agreement with Sun Ridge Systems, Inc. for the Replacement of the Police Department’s CAD/RMS System for a Total of $968,596 Description Request to approve the purchase of a replacement Computer Aided Dispatch and Records Management System (CAD/RMS) for the Police Department. Background and Analysis: In June 2019, the Beaumont Police Department contracted with Mark43 for Computer Aided Dispatching (CAD) and Records Management Software (RMS). At the time, Mark43 was a new CAD/RMS service in California that showed potential in its promised capabilities. Since transitioning to Mark43, the service has failed to meet the needs of the Beaumont Police Department. There have been extensive and ongoing efforts by the Department to work with Mark43 to correct deficiencies, but their system continues to underperform. The five-year contract with Mark43 expires June 30, 2024. The Beaumont Police Department desires to replace an underperforming system with an updated system that better meets the needs of the Beaumont community in terms of access, reporting, and analysis and more effectively enables the Department to comply with new and emerging data collection and reporting requirements. The CAD/RMS system is one of the most critical software systems used by any law enforcement agency. Accurate records and data retrieval are essential for effective police duties and management. Reporting accurate crime data is a fundamental expectation of the community, and the Beaumont Police Department wants to continue meeting that expectation with the most effective available technology. The Department is seeking an integrated CAD/RMS solution that offers the capability to comply with existing and upcoming mandates, capture ongoing statistical data, accurately measure performance, better equip first responders with relevant information, reduce report writing time, and thus free up resources, enhance internal Page 229 of 339 cross-training, and be technologically progressive. A key to this procurement is obtaining one fully integrated solution from a single vendor. Sun Ridge Systems is a California-based company that has been providing CAD/RMS service to law enforcement agencies throughout the state for over 38 years under the product name RIMS. RIMS has a proven track record for being an efficient and effective system, and every agency contacted that uses RIMS provided positive reviews. The Beaumont Police Department has evaluated RIMS and has determined that its product meets all current and future needs of the Department. Unlike Mark43, which provides a subscription service, RIMS is licensed software that will be owned by the City. Sun Ridge Systems has presented a contract that breaks down the purchase into five annual payments of $127,243 for a total purchase cost of $636,215. The annual support costs will be $66,450. The annual cost will be $193,824 for year one and $193,693 for years two through five, then $66,450 for all remaining years. The City of Emeryville has conducted an extensive evaluation and competitive bid process in determining Sun Ridge Systems RIMS was the best option for CAD/RMS services. The implementation of a new CAD/RMS system is expected to take nine to eleven months, and the current contract with Mark43 expires on June 30, 2024. Using Emeryville’s formal bid process report, Beaumont Municipal Code 3.01.110 authorizes the City to determine that the competitive bidding requirements have been completed. Currently, the department budgets $93,000 annually for the current CAD/RMS system support. Fiscal Impact: The total cost of the software, equipment, accessories, programming, and training is $636,215 (five annual payments of $127,243), with an additional Annual support payment of $66,450 for a total five-year cost of $968,596.00. During the five-year purchase payment plan, all expenses in excess of the pre-budgeted $93,000 will be paid using the Supplemental Law Enforcement Services Account (SLESA) funds. The final CADS/RMS payment has been paid in the FY24 budget, and a future budget amendment will be brought back to Council for the $93,000 General Fund cost of the new contract and the remaining $100,693 of the SLESA cost. The estimated cost to prepare this report is $1,000. Page 230 of 339 Recommended Action: Approve the five-year Software and Services Agreement with Sun Ridge Systems, Inc. for the purchase of a replacement CAD/RMS system in the total amount of $968,596. Attachments: A. Sun Ridge Systems quote and contract B. City of Emeryville CAD/RMS Procurement report Page 231 of 339 Page 232 of 339 Page 233 of 339 Page 234 of 339 Page 235 of 339 Page 236 of 339 Page 237 of 339 Page 238 of 339 Page 239 of 339 Page 240 of 339 Page 241 of 339 Page 242 of 339 Page 243 of 339 Page 244 of 339 Page 245 of 339 Page 246 of 339 Page 247 of 339 Page 248 of 339 Page 249 of 339 Page 250 of 339 Page 251 of 339 Page 252 of 339 Page 253 of 339 Page 254 of 339 Page 255 of 339 Page 256 of 339 Page 257 of 339 Page 258 of 339 Page 259 of 339 Page 260 of 339 Page 261 of 339 Page 262 of 339 Page 263 of 339 Page 264 of 339 Page 265 of 339 Page 266 of 339 Page 267 of 339 Page 268 of 339 Page 269 of 339 Page 270 of 339 Page 271 of 339 Page 272 of 339 Page 273 of 339 Page 274 of 339 Page 275 of 339 Page 276 of 339 Page 277 of 339 Sun Ridge Systems, Inc. – City of Beaumont v3 Page 1 SUN RIDGE SYSTEMS, INC. SOFTWARE AND SERVICES AGREEMENT This Software and Services Agreement (“Agreement”) is executed in duplicate as of __________, 2023, between Sun Ridge Systems, Inc., a California corporation (“Sun Ridge”), and City of Beaumont, a political subdivision of the State of California (“the City”) located at 550 E. 6th Street, Beaumont, CA, 92223. Section 1. Agreement. That for and in consideration of payments and agreements hereinafter mentioned to be made and performed by the City, and under the conditions set forth in this Agreement, Sun Ridge agrees to provide computer software (“Software”) and services (“Services”) to the City as described in Exhibit A, Scope of Work, attached hereto and incorporated herein. The Software support and maintenance services to be provided by Sun Ridge as part of the Services are more specifically described in Exhibit C attached hereto and incorporated herein (“Software Support Services Agreement”). Section 2. City Project Manager. Sun Ridge shall work under the general direction of the Chief of Police or designee in fulfilling this Agreement. Section 3. Scope of Work. The project that is the subject of this Agreement shall consist of the delivery by Sun Ridge to the City of the Software and Services (the “Project”) described in Exhibit A. Section 4. Payment Schedule. In consideration for the Software and Services to be provided by Sun Ridge under this Agreement, the City agrees to pay Sun Ridge the Total Contract Amount (“Contract Amount”) given in Exhibit B according to the following lease-purchase schedule (“Lease-Purchase Schedule”): Year Lease-Purchase Payment Support Payment Total Payment 1 $127,243 + $131* $66,450 $193,824 2 $127,243 $66,450 $193,693 3 $127,243 $66,450 $193,693 4 $127,243 $66,450 $193,693 5 $127,243 $66,450 $193,693 *CA Sales Tax for Bar Code Scanner  The lease rate includes interest at 5% compounded annually.  The Year 1 payment shall be billable by Sun Ridge upon contract signing.  The remaining year’s payments will be due on each anniversary date of the Final Acceptance Notice. For example, if the date of the Final Acceptance Notice should be x/1/25, then the 2nd payment due date would be x/1/26, 3rd payment due date x/1/27, etc.).  The Lease-Purchase cannot be cancelled by Lessee before the end of the second year of the lease and requires a 60-day notice, subject to the provisions of Section 13. In the event of termination of the Lease-Purchase, all products shall be returned by the City to Sun Ridge. Page 278 of 339 Sun Ridge Systems, Inc. – City of Beaumont v3 Page 2  After all Lease Purchase Payments are made the City shall own the Licenses to the Software listed in Exhibit A.  The City shall not be entitled to withhold or delay payments due to Sun Ridge pursuant to the above Payment Schedule due to delay in the delivery, installation, or testing of Software items described in Exhibit A where the delay is the result of action or inaction or breach of this Agreement by the City, its agents or employees or the action or inaction of a third party which is not within Sun Ridge's reasonable control. Section 5. Invoices. Invoices shall be sent to: Tara Chamberlin 660 Orange Avenue Beaumont, CA 92223 Upon receipt of the invoice, the City shall verify that the invoice has been properly prepared and that the conditions of payment have been fulfilled. If the payment conditions have been fulfilled, the invoice shall be processed and paid by the City within thirty (30) days after the City’s receipt thereof. With the exception of the Final Acceptance milestone payment, in the event the payment conditions for the invoice have not been fulfilled, the City shall inform Sun Ridge in writing within twenty (20) days of receipt of the invoice and Sun Ridge shall have five (5) business days to address the City’s report of the deficiency(ies). The City shall pay the invoice within thirty 30 days of the fulfillment of the payment conditions by Sun Ridge. In addition to any other amounts for which City is liable under this Agreement, City agrees to pay to Sun Ridge a late charge equal to one percent (1%) of the amount due if City fails to pay Sun Ridge any amount that is due and owing pursuant to this Agreement within sixty (60) days after City’s receipt of an invoice from Sun Ridge. Any invoiced amounts that are due and owing under this Agreement which City fails to pay to Sun Ridge within ninety (90) days after City’s receipt of an invoice from Sun Ridge shall thereafter bear interest at the rate of twelve percent (12%) per annum or the highest interest rate allowed by applicable law, whichever is less. Section 6. Term of Agreement. Unless terminated earlier in accordance with the provisions of this Agreement or applicable law, the term of this Agreement (“Term”) shall be from the date shown on the first page of this Agreement through completion of the Project. Completion of the Project means the installation by Sun Ridge of all of the Software, the completion by Sun Ridge of all training and other Services and the payment by the City to Sun Ridge of the entire Contract Amount. The Project schedule is to be separately generated and agreed to between the parties. Notwithstanding the foregoing, the License described in Section 9 below will remain in effect until it is terminated pursuant to Section 9. Section 7. Warranty/Disclaimer of Liability. a. Sun Ridge warrants that upon delivery the Software substantially conforms to its Documentation, as defined in Section 12, and is free from defects that will materially impair its use. The City’s sole and exclusive remedy for breach of this warranty will be repair or replacement of the Software. Sun Ridge will make reasonable efforts to correct errors in the Software, but does not warrant that the Software is error-free or will perform without Page 279 of 339 Sun Ridge Systems, Inc. – City of Beaumont v3 Page 3 interruption. The City has relied solely upon its own investigation and judgment in selecting the Software and not upon any representations or promises of Sun Ridge except as may be expressly stated in this Agreement. b. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES PERTAINING TO THE SOFTWARE, EXPRESS OR IMPLIED, AND SUN RIDGE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. c. IN NO EVENT WILL SUN RIDGE BE LIABLE FOR LOST BUSINESS, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) ARISING OUT OF THE QUALITY, CONDITION OR USE OF THE SOFTWARE OR ANY OTHER PART OF THE PRODUCT. IN NO EVENT WILL SUN RIDGE BE LIABLE FOR ANY AMOUNT WHICH EXCEEDS THE AMOUNT PAID BY THE CITY FOR THE PRODUCT. Section 8. Final Acceptance. For thirty (30) days from the beginning of City’s Operational Use of the Software or forty (40) days after the completion of installation and training by Sun Ridge, whichever comes first (the “Test Period”), the City shall test the system for defects and anomalies. “Operational Use” is defined as the City’s use of the Sun Ridge Software in the course of the City’s daily business activities. During the Test Period, Sun Ridge shall address and attempt to resolve issues with the Software identified by the City under the Software Support Services Agreement (Exhibit C). At the end of the Test Period, the City shall accept or reject the Software as follows: a. If the City determines that the Software is performing to its satisfaction it shall immediately provide written notice to Sun Ridge of final acceptance of the Software (“Final Acceptance Notice”). Any remaining issues with the Software shall be covered as part of the original cost of the system and handled as maintenance items under the Software Support Services Agreement (Exhibit C). b. If the City decides to not accept the Software, then it must so notify Sun Ridge in writing within five (5) calendar days after the end of the Test Period (a “Rejection Notice”). If a Rejection Notice is given, this Agreement shall be automatically terminated and all payments already made by the City to Sun Ridge, less the cost of project management, installation and training services provided up to the date of termination shall be returned to the City by Sun Ridge within thirty (30) days after receipt of the notice. In the event that the amount of Year 1 of the Lease-Purchase Payment Schedule provided in Section 4 is less than the total amount of the cost of project management, installation, data conversion and training services provided up to the day of termination, Sun Ridge will provide to the City an invoice in the amount of the difference. The terms of Section 11 and all other provisions of this Agreement that expressly survive such termination shall apply. c. If the City fails to provide a Final Acceptance Notice or a Rejection Notice within five (5) calendar days after the end of the Test Period, then the City’s final acceptance of the Software shall be considered to have occurred and the City and Sun Ridge shall proceed as described in section 8.a above. Section 9. Software License. Subject to the terms, conditions, limitations and restrictions set forth in this Agreement, Sun Ridge grants to the City a nonexclusive and non - transferable license, effective upon the City’s Final Acceptance of the Software pursuant to Section 8 above, to use the Software in connection with the City’s normal and customary daily operations substantially as they exist as of the date of commencement of the Term as described Page 280 of 339 Sun Ridge Systems, Inc. – City of Beaumont v3 Page 4 below (the “License”). The City shall acquire no ownership or other rights in or to t he Software except for the License granted hereunder, and title to the Software shall at all times remain with Sun Ridge. a. The following additional terms, conditions and limitations apply to the License: i. The City may use the Software on all computers in the City’s agency. Software may not be used at any other agencies unless explicitly agreed to in writing by Sun Ridge; ii. The City may make a copy of the Software for backup or modification purposes only in support of the City’s authorized use of the Software hereunder as Sun Ridge has expressly authorized; and iii. No one using the Software, and no one for whose benefit the Software is being used, shall sublicense, resell, distribute, market, provide or otherwise make available the Software or any part or copies thereof to any third party. iv. The City shall not transfer, use, or export the Software in violation of any applicable laws, rules, or regulations of any government or governmental agency. v. The City shall not use the Software to disrupt, disable, or otherwise harm the operations, software, hardware, equipment, and/or systems of a business, institution, or other entity, including, without limitation, exposing the business, institution, or other entity to any computer virus, trojan horse, or other harmful, disruptive, or unauthorized component. vi. The City shall not embed the Software in any third-party applications, unless expressly permitted under this Agreement or otherwise authorized in writing in advance by an authorized officer of Sun Ridge. vii. The License granted under this Agreement shall apply only to the object code for the Software. No one using the Software, and no one for whose benefit the Software is being used, shall have the right to use or have access to the source code for the Software, and neither the City nor anyone using the Software pursuant to this License will modify, change, merge, adapt, translate, reverse engineer, decompile, disassemble or prepare derivative works based upon the Software. viii. The City acknowledges that the Software and the Documentation constitute trade secrets of Sun Ridge. The City agrees to maintain the confidentiality of the Software and the Documentation, and shall take commercially reasonable steps to preserve that confidentiality pursuant to Section 12 of this Agreement. b. The term of the License shall commence upon Final Acceptance of the Software by the City, and shall continue until the License is terminated as provided below. i. Sun Ridge may immediately terminate the License in the event of any failure by the City to comply with the terms or conditions of this Agreement by giving written notice of such termination to the City. In the event the City has leased the Software from Sun Ridge, the License will terminate automatically upon termination of the lease. Upon such termination, the City shall immediately cease further use of the Software and will cause all copies of the Software to be destroyed or returned to Sun Ridge. Page 281 of 339 Sun Ridge Systems, Inc. – City of Beaumont v3 Page 5 ii. The City may terminate the License at any time by giving written notice thereof to Sun Ridge and by destroying or returning to Sun Ridge all copies of the Software. The City acknowledges and agrees that any election by the City to terminate the License hereunder will not entitle the City to any refund of amounts paid or compensation of any kind from Sun Ridge. iii. Upon any termination or expiration of the License, an authorized representative of the City shall certify in writing to Sun Ridge that all copies of the Software and the Documentation which were the subject of the License have either been destroyed or returned to Sun Ridge as required above. iv. The provisions of Sections 7 and 11 through 13, inclusive, shall survive the expiration or termination of this Agreement. c. Sun Ridge may, at its option, release updates to or new versions of the Software. If the City elects to obtain any update or new version of the Software, the use of such update or new version will be subject to the terms and conditions of this Agreement. d. Except as expressly provided in this Agreement, Sun Ridge retains all intellectual property rights and other rights to the Software, Documentation (as defined below), and the source code for the Software. Section 10. Indemnity and Insurance. a. Sun Ridge agrees to indemnify, defend, and hold harmless the City and its officers, directors, shareholders, employees, and agents (the “City Indemnified Parties”) from any and all claims, demands, liabilities, and costs, including attorney’s fees (“Claims”), arising out of or relating to (i) any actual infringement of a third-party’s intellectual property rights or (ii) the negligence or willful misconduct of any employee or agent of Sun Ridge occurring during or as a result of Sun Ridge’s performance of its obligations hereunder, provided that Sun Ridge shall have no indemnity or other obligations to the City hereunder to the extent any such Claims arise from or are the result of the negligence or other fault of the City or its employees, agents or other contractors nor shall the foregoing indemnity and hold harmless obligations of Sun Ridge extend to or cover any Claims arising from or relating to claims of defects or errors in the Software or the City’s use or inability to use the Software. This indemnity obligation shall survive the expiration, cancellation or termination of this Agreement. Notwithstanding the foregoing, the City expressly waives, releases, and agrees that neither Sun Ridge nor Sun Ridge’s officers, directors, shareholders, employees, agents and affiliates shall have any liability for any individual’s or entity’s lost business, direct damages, incidental or consequential damages, or any other Claims arising out of or related to the use or implementation of the Software. b. During the term of this Agreement, Sun Ridge shall comply with the following insurance requirements: i. Workers’ Compensation. Sun Ridge shall fully comply with the terms of the law of California concerning workers’ compensation. Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability Sun Ridge may have for workers’ compensation. Said policy shall also include employer’s liability coverage of $1,000,000 per accident for bodily injury or disease. ii. General Liability Insurance. Sun Ridge shall obtain at its sole cost and keep in full force and effect during the term of this Agreement commercial general liability insurance in the amount of $1,000,000 per occurrence for bodily injury, and property damage personal injury; coverage includes products and completed operations,. Said insurance Page 282 of 339 Sun Ridge Systems, Inc. – City of Beaumont v3 Page 6 shall provide (1) that the City, its officers, and employees shall be included as additional insureds under the policy, and (2) that the policy shall operate as primary insurance, and non-contributory. iii. Automobile Liability Insurance. Sun Ridge shall obtain at its sole cost and keep in full force and effect during the term of this Agreement business automobile liability insurance in the amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. Said insurance operate as primary insurance, and non-contributory. iv. Certificates of Insurance. Sun Ridge shall file with City upon the execution of this Agreement, certificates of insurance which shall provide that no cancellation, major change in coverage, expiration, or nonrenewal will be made during the term of this agreement, without thirty (30) days written notice to the City prior to the effective date of such cancellation, or change in coverage. Section 11. Termination Rights. Either party may terminate this Agreement upon material breach of any of the terms of this Agreement by the other Party, after first giving the other party written notice of such breach and thirty (30) days to cure. If the breaching party does not cure the breach within the allotted time, the Agreement will be terminated. Upon Termination, each party will return, delete, or destroy any copies, whether tangible or electronic, of Confidential Information obtained from the other party pursuant to this Agreement, including but not limited to any Documentation and any Confidential Information stored on any equipment that may be returned, and certify to the other party in writing within five (5) business days of the termination date that it has done so. Section 12. Confidential Information. “Confidential Information” means any and all confidential information of a party to this Agreement that is not generally known to or by members of the public, including but not limited to businesses that compete with such a party, including but not limited to the Software and the Documentation pertaining thereto. Confidential Information shall not include information that is now or becomes part of the public domain, is required by applicable law to be disclosed, was already known by the receiving party at the time of disclosure, is independently developed by the receiving party without any use of Confidential Information, or is lawfully obtained from a third party. “Documentation” means those visually readable materials developed by or for Sun Ridge for use in connection with the Software, in either written or electronic form. Each party agrees to protect the other party’s Confidential Information. Confidential Information will not be used or disclosed except as authorized by the providing party. Confidential Information will be disclosed to employees of the receiving party only on a “need to know” basis and only after such employees are informed of the confidential nature of the information and obligated to maintain confidentiality. If a party or any party acting on its behalf is required to disclose by order of a court of competent jurisdiction, administrative agency or governmental body, or by subpoena, summons or other legal process, or by law, rule or regulation, or by applicable regulatory or professional standards to produce Confidential Information, that party shall promptly (and prior to such disclosure) notify the other party in writing of such demand or requirement whereupon the parties shall cooperate and take all reasonable acts (without significant cost or expense to the notifying party) to exhaust the legal avenues available to maintain the confidentiality of such Confidential Information, unless the party whose Confidential Information is at issue consents to the production and disclosure of such Confidential Information. In all events, only that portion of the Confidential Information specifically requested by the tribunal or person compelling such disclosure shall be provided and no interpretation or analysis of such data prepared for the purpose of such disclosure shall be disclosed unless approved the party whose Confidential Information is at issue or required by law. Page 283 of 339 Sun Ridge Systems, Inc. – City of Beaumont v3 Page 7 Section 13. General Terms. a. Governing Law. This Agreement will be construed by and enforced in accordance with the laws of the state of California. b. Arbitration. If a dispute arises from or related to this Agreement or the breach of this Agreement and if such dispute cannot be settled through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation to be held in Sacramento, California, under the Commercial Mediation Rules of the American Arbitration Association before resorting to arbitration. Thereafter, any unresolved controversy or claim arising from or relating to this Agreement, or breach of this Agreement, shall be settled in arbitration to be held in Los Angeles, California. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association, and the parties shall be allowed discovery in accordance with the California Code of Civil Procedure. If Sun Ridge and the City cannot jointly select a single arbitrator to determine the matter, one arbitrator shall be chosen by each of Sun Ridge and the City (or, if a party fails to make a choice, by the American Arbitration Association on behalf of such party) and the two arbitrators so chosen will select one additional arbitrator. The decision of the single arbitrator jointly selected by Sun Ridge and the City, or, if three arbitrators are selected, the decision of any two of them will be final and binding on the parties and the judgment of a court of competent jurisdiction may be entered on such decision. The prevailing party shall be entitled to recover reasonable fees and expenses resulting from any arbitration proceeding. c. Severability. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, such finding shall not affect the validity, legality, or enforceability of the remaining provisions. d. Assignment. Parties may not transfer, assign, or sublicense this Agreement, any license hereunder, or any of its rights or duties hereunder to any other person, site or corporation without the prior written consent of the other party. Any attempted transfer, assignment, or sublicense made without prior written consent shall be completely void. e. Notice. Any notice requested or permitted to be given hereunder shall be sent prepaid, certified mail, return receipt requested, and shall be deemed to have been given on the third (3rd) business day after mailing to the other party as follows: to the City at the address indicated in the initial paragraph of this Agreement or to electronic mail address ______________________; to Sun Ridge Systems at P.O. Box 5071, El Dorado Hills, CA 95762, or electronic mail address CarolJ@SunRidgeSystems.com. Notices may be given by electronic mail transmission to such address as may be specified by the party for such purpose and shall be deemed to have been given when transmitted to such address with confirmation of a successful transmission. f. Independent Contractors. The parties to this Agreement shall constitute independent contractors. Nothing in this Agreement shall be construed as establishing any employment, partnership, joint venture or similar arrangement between the parties, and no party has any authority to commit any other party to any obligation to any other person or entity, unless expressly agreed to in writing signed by such party. g. Force Majeure. Sun Ridge shall not be responsible for interruption of, interference with, diminution of, or suspension of any of its products or services, including performance failure, which are caused by strike, lockout, riot, epidemics, war, government regulation, fire, flood, natural disaster, acts of God, utility failures, losses or injuries arising directly or indirectly from criminal acts, negligent acts of others, malfunctions or inadequacies of equipment or service not directly within the control of Sun Ridge. Page 284 of 339 Sun Ridge Systems, Inc. – City of Beaumont v3 Page 8 h. Authorization/Entire Agreement/Modification. This Agreement will be effective upon signing by the City and Sun Ridge. This Agreement is the complete and final Agreement of the parties relating to the subject of this Agreement and it replaces and supersedes any prior or contemporaneous oral or written understandings or agreements. No alteration or variation to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. This Agreement has been executed by the parties hereto, from the date shown on the first page. SUN RIDGE SYSTEMS, INC. By: __________________________________ Carol Gomes Jackson Its: President CITY OF BEAUMONT By: __________________________________ Its: Page 285 of 339 Sun Ridge Systems, Inc. – City of Beaumont v3 Page 9 Exhibit A Scope of Work Section 1 – Software Licenses The City has purchased the following software licenses:  RIMS Computer Aided Dispatch Software  RIMS Records Management Software  RIMS Mobile Computer Software  iRIMS Law Mobile App Software  RIMS In-Station Mapping Software  RIMS Mobile Mapping Software  RIMS Property Room Bar Coding Software  RIMS Citizen RIMS Public Access Software  RIMS Collaborate Data Sharing Software The City has purchased the following RIMS interface software:  RIMS E911 Link  RIMS State Link (CLETS) Software  RIMS Text Paging Software  RIMS LexisNexis (Coplogic) Link Software  RIMS eCitation Link Software (TurboData)  RIMS Body Camera Link Software  RIMS CHP 555 Export to SWITRS Link Software Section 2 - Project Schedule Upon execution of the Agreement, Sun Ridge and the City shall define a mutually agreed on project schedule. Section 3 – Hardware/Equipment Sun Ridge is providing one (1) Worth Data Bar Code Scanner. Section 4 – Third-Party Software Sun Ridge is providing no Third-Party software. Section 5 - Installation Sun Ridge will install all Sun Ridge provided Software on City provided servers and will provide instruction to the City staff on how to install the client workstation Software and Mobile/App Page 286 of 339 Sun Ridge Systems, Inc. – City of Beaumont v3 Page 10 Software. The City’s servers and workstations (including desktop and laptop computers as well as Android and/or iOS devices) shall meet the minimum specifications set forth in Section 12. Access to the City supplied servers shall be via unattended remote access using a product called Bomgar by Beyond Trust, provided by Sun Ridge. As part of installation, Sun Ridge will setup a basic system backup process to local disks. Section 6 – Configuration Sun Ridge will provide the following sessions to the City’s designated RIMS Administrators: RIMS Configuration and Setup: Consists of up to 24 hours conducted via phone and/or remote access. The City’s “RIMS Administrators” will be instructed on how to configure RIMS to most closely meet the desired operational procedures of the City. In some cases, the RIMS Administrators may find that modifying existing procedures may be desired in order to take full advantage of RIMS functionality. Discussions will include:  Customization of drop-down menu choices for 200+ fields  The City’s dispatch operational decisions  The City’s records management operational decisions  Paper flow vs paperless vs less paper for records  Selection of case format type Section 7 - Map Engineering Services Sun Ridge will provide map engineering services assuming an ESRI-based map source. This process involves the City supplying an ERSI street centerline file (and layers) to Sun Ridge so that Sun Ridge can build maps for use by the RIMS mapping software products. Section 8 – Street File (aka “Geofile”) Load The City and Sun Ridge will work together to determine the best street file source. One “load” of this source file into RIMS is included in the scope. If the City determines that additional iterations of the street file are to be loaded (due to updates or corrections) or determines an alternative source for the street file is preferred, Sun Ridge may charge additional fees for the additional loading. Page 287 of 339 Sun Ridge Systems, Inc. – City of Beaumont v3 Page 11 Section 9 - Integration. Sun Ridge will provide RIMS sided interfaces for all third-party software applications listed in Section 1 above. The City must coordinate with third-party vendors to complete and test their portion of the interface. Section 10 - Training Sun Ridge is providing “end user” training all of which shall be conducted on-site at a City provided location(s). Training days are contiguous, including weekends. Class times are 0800 to no later than 1700. Sun Ridge will provide a training plan at least 30 days prior to the first training session, generally following the parameters and total number of classes set forth in the chart below but with the specifics mutually agreed upon by the Parties. Sun Ridge will provide course materials/handouts in electronic format in advance of the training. A “session” is a repeat of the same class/material. End User Training Subject Sessions Offered Days Per Session Total Days Class Size CAD/Dispatcher 2 2 4 No more than 1 student per workstation/10 students per session max Officers/Mobile Training 4 2 8 No more than 2 students per workstation/20 students per session max Records 1 1 1 1 student per workstation (also must attend Day 1 of Officer Training) Property Room 1 1 1 1 student per workstation (also must attend Day 1 of Officer Training) IT Go Live Prep 1 1 1 NA Admin Review 1 1 1 TBD Page 288 of 339 Sun Ridge Systems, Inc. – City of Beaumont v3 Page 12 Section 11 - Go Live Support Three (3) Sun Ridge staff will be on site on the day of and the day after go live. Staff will be onsite to answer questions and to address any system problems. Section 12 - The City’s Responsibilities The City is responsible for the following: - Installation of all remaining client workstations - Installation of all remaining mobile computers - Installation of all remaining smartphone/tablet devices - Coordinate and schedule resources of the City to include IT staff - Identify RIMS Administrators - Provide data communications infrastructure (network, wireless, internet, intranet) - Complete, submit and gain approval of updated DOJ CLETS application - Coordinate testing of the CLETS Message Switch - Complete CIBRS certification - Contact third party vendors, and any other required third-parties, and coordinate their schedules and costs they may charge the City to provide, install and test their portion of the interface to RIMS. - Provide Geofile (aka “street file”) source and build-out - Ensure accuracy of the geofile - Provide initial map source file - Ensure all user-maintained configuration and data validation tables are completed prior to the start of training - Provide training facilities and workstations (meeting minimum workstations requirements) and ensure access to RIMS training database from the training location(s) - Training facilities must meet current Federal, State and local guidelines for health and safety, including those that may affect class size and physical configuration - Make paper copies of class materials and handouts provided by Sun Ridge - Schedule the City’s staff into requisite classes - Assume any costs for staff overtime or other expenses incurred to support training schedule - The City will allow unattended remote access (during implementation) to Sun Ridge allowing the use of Bomgar by BeyondTrust remote access software so that Sun Ridge Page 289 of 339 Sun Ridge Systems, Inc. – City of Beaumont v3 Page 13 may meet its responsibilities under this Agreement - Purchase a minimum of one (1) DYMO LabelWriter 550 Turbo Label Printer and minimum one (1) month supply of Dymo Labels # 30256 for Property Room - The City will provide the following hardware meeting the following minimum specifications:  Database Software: Microsoft SQL Server software (Enterprise Edition) required to run the RIMS database.  Servers: RIMS software supports a traditional hardware platform or a virtual platform. The hypervisor software products supported - VMWare, Hyper-V, and others. You will need one database server and one application server. The application server does not require as much disk or RAM as the database server. - Minimum Specifications (If using existing hardware) Monitor Resolution: 1920 x 1080 PC Workstations Database Server Windows 10+ Microsoft Windows Server 2016+ 4 GB RAM 16 GB RAM Any size disk 1 TB Disk Microsoft SQL Server 2016+ - Recommended Specifications (If purchasing new hardware) Monitor Resolution: 1920 x 1080 PC Workstations Database Server Windows 10+ Microsoft Windows Server 2016+ 8 GB RAM 32 GB RAM Any size disk 2 TB Disk Microsoft SQL Server 2016+ - Minimum Specifications (If using existing PCs) - Monitor Resolution: 1920 x 1080 PC Workstations Windows 10+ 4 GB RAM Any size disk Page 290 of 339 Sun Ridge Systems, Inc. – City of Beaumont v3 Page 14 - Recommended Specifications (If purchasing new PCs) - Monitor Resolution: 1920 x 1080 PC Workstations Windows 10+ 8 GB RAM Any size disk  Mobile Computers: - Recommended Specifications (If purchasing new PCs) Monitor Resolution: 1920 x 1080 Mobile Computers Windows 10+ 8 GB RAM Any size disk - Additional Features for Mobile Computers: Wireless-Based Modem, Virus Protection Software, 2 or more USB ports, Internet Access (for Google Maps). - Optional features for Mobile Computers: Touchscreen, Driver License Reader (USB), and Fingerprint reader by Digital Persona.  Mobile Application Specifications: Mobile App Devices iPhones/iPads Android iOS v12+ Android v6 (Marshmallow) or greater  Property Room Specifications: - Provide a minimum of one (1) DYMO LabelWriter 550 Turbo Label Printer - Provide a minimum one (1) month supply of Dymo Labels # 30256 for Property Room Page 291 of 339 Sun Ridge Systems, Inc. – City of Beaumont v3 Page 15 Exhibit B – Contract Amount Item Price RIMS Computer-Aided Dispatch and Records Management Software $210,000 RIMS Mobile Computer Software $63,000 iRIMS Law iOS/Android App Software $22,000 RIMS In Station Mapping Software $32,000 RIMS Mobile Mapping Software $11,000 RIMS Property Room Bar Coding Software $26,000 RIMS Citizen RIMS Public Access Software $16,000 RIMS E911 Link Software $13,000 RIMS State Link Software (CLETS) $13,000 RIMS Text Paging Link Software $6,000 RIMS Collaborate Data Sharing Software $12,000 RIMS Body Camera Link Software $3,000 RIMS CopLogic Import Software $4,000 RIMS eCitation Link to TurboData Software $4,000 RIMS CHP 555 Export to SWITRS Link Software $8,000 Mapping Data Engineering Services $2,500 Worth Data Bar Coding Equipment $1,700 Installation and Training $131,179 Annual Support and Updates – First Year $66,450 Annual Support and Updates – Year 2 $66,450 Annual Support and Updates – Year 3 $66,450 Annual Support and Updates – Year 4 $66,450 Annual Support and Updates – Year 5 $66,450 Interest (5% Compounded Annually) $57,705 California Sales Tax $131 CONTRACT AMOUNT $968,465 Page 292 of 339 Sun Ridge Systems, Inc. – City of Beaumont v3 Page 16 Exhibit C - Support Services Agreement This is a description of the software support, maintenance, and update/upgrade services to be provided by Sun Ridge to the City (“Licensee”) as part of a Software Support Services Agreement (“Agreement”). This Agreement covers all RIMS public safety software (Software) licensed by the Licensee. Under this agreement Sun Ridge agrees to provide the following services to Licensee: 1. Coverage Hours. Sun Ridge will provide a toll-free phone number and dedicated email address for support purposes during normal service hours. Normal service hours are defined as Monday- Friday, 8AM-5PM PST, except for New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, July 4th, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day (“common holidays”). However, for instances where the Licensee’s system is completely inoperable due to a Sun Ridge software problem (“critical problems”) preventing basic system operation, service will be available 24 hours, 7 days a week, common holidays included. Examples of critical problems include: - RIMS is down/not responding on multiple workstations - Cannot create a call for service (CAD Incident) - Cannot issue a case number - Unable to access NCIC - Other issues that will not allow the user to complete critical tasks Licensee will have taken reasonable measures prior to contacting Sun Ridge’s support during non-service hours including: - Verified that the issue is not related to just 1 workstation - Restarted the workstation in question - Contacted in-house IT support if the issue is related to network or server errors - Verified the issue is critical enough that it cannot wait until normal support hours 2. Sun Ridge’s Response to reported problems. Sun Ridge agrees to provide service and assistance as expeditiously as possible as follows: a. Most problems will be resolved with the initial phone call or email. b. For problems that cannot be immediately resolved, Sun Ridge will work to resolve the problem based on the severity of the problem and the urgency reported by Licensee. Page 293 of 339 Sun Ridge Systems, Inc. – City of Beaumont v3 Page 17 ● For critical problems, Sun Ridge personnel will work with Licensee until the situation is resolved. ● For problems that are not critical problems that have a lesser though continuing impact on operations of Licensee, Sun Ridge will endeavor to provide a solution or workaround within 72 hours of the problem being reported to Sun Ridge by the Licensee. ● For other problems Sun Ridge may, at its discretion, either issue a near term "fix release" of the product or include the fix in the next scheduled product update. 3. Licensee equipment and software responsibilities. Licensee agrees to allow Sun Ridge to remotely connect to Licensee’s system when a problem is reported. Sun Ridge uses BeyondTrust remote access software for secure installation and follow-on support services. BeyondTrust software provides superior security and does so over an ordinary internet connection via a Sun Ridge server that hosts a BeyondTrust security hardware device. If Licensee does not allow unattended access, the Sun Ridge response to a service request may be delayed until a responsible party of the Licensee allows access. Once remote access is obtained, Sun Ridge will examine data files, investigate reported problems, and provide updates and corrections as necessary. 4. Provision of software updates. Sun Ridge will provide all new enhanced and updated versions of software licensed to Licensee at no additional cost. This software will be provided with detailed installation instructions for installation by Licensee. If desired, Licensee may retain Sun Ridge to perform any installation at additional cost to be determined on a per case basis. Updates are distributed via download from the Sun Ridge’s ftp web site. Sun Ridge will not be obligated to provide service for release versions that are more than two annual release versions older than the current release. 5. Term. The term of support services shall be one year shall be annually renewed for another year upon payment of invoice. Payment for the year is due in advance the day the services begin. Non- payment of the support invoice within 60 days shall be cause for terminating or suspending the support services at the discretion of Sun Ridge. 6. Termination. Licensee may terminate support services with or without cause upon ninety (90) days written notice to Sun Ridge. If terminated, Licensee is entitled to a prorated refund for the service days not consumed beginning on the last day of the month the written notice is received by Sun Ridge to the end of the remaining term of the Agreement. 7. Limitations. Sun Ridge agrees to provide support only for public safety application software provided by Sun Ridge. Other software used by Licensee (word processing, spreadsheet, etc.) is not included in this Agreement. PC and network operating system software and Microsoft SQL Server database system software is similarly not included, although Sun Ridge may assist Licensee in isolating problems to this software. (Sun Ridgereserves the right to charge for diagnostic services in the event it is determined that the reported issue is not attributable to RIMS.) Also Page 294 of 339 Sun Ridge Systems, Inc. – City of Beaumont v3 Page 18 specifically excluded is responsibility for administration, support, or maintenance of Licensee’ server, computer network, operating systems, or database (Microsoft SQL Server). Licensee may request that Sun Ridge provide support services outside the limitations of this Support Services Agreement. If Sun Ridge agrees to provide any requested additional support services, such support services will be provided at Sun Ridge’s current rate and under terms and conditions that Sun Ridge may require. This Agreement does not include equipment maintenance or assistance in diagnosing hardware problems including but not limited to PCs, printers, network, scanners, and other computer peripheral devices with the exception that Sun Ridge will assist Licensee in determining whether a problem is RIMS application software in nature. Page 295 of 339 Staff Report TO: City Council FROM: Sean Thuilliez, Chief of Police DATE September 19, 2023 SUBJECT: Discussion to Consider an Ordinance Prohibiting the Unlawful Possession of a Catalytic Converter Description Review proposed ordinance and provide direction to staff. Background and Analysis: The City of Beaumont is considering an ordinance to prohibit the unlawful possession of catalytic converters. This ordinance is being proposed in response to the recent increase in catalytic converter thefts in the City. A catalytic converter is an emissions control device that converts harmful pollutants in exhaust gas into less harmful pollutants. Catalytic converters are made of precious metals, such as platinum, palladium, and rhodium, which are valuable and can be easily stolen. Catalytic converter thefts have been on the rise nationwide, and California has the dubious honor of leading the country in the number of converters stolen. The proposed ordinance would make it unlawful for any person to possess a catalytic converter that is not attached to a motor vehicle. The ordinance would also require any person who is in possession of a catalytic converter to provide immediate proof of lawful possession to law enforcement upon request. Such proof may include a bill of sale from the original owner with photographs, documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto-body shop, or other manner of proof as defined in the ordinance. The ordinance would be enforced by the Police Department. Violators of the ordinance would be guilty of a misdemeanor and could be punished by a fine of up to $1,000 or imprisonment for up to six months, or both. Page 296 of 339 Fiscal Impact: There is no negative impact to the general fund. The cost to prepare this staff report is estimated at $500.00. Recommended Action: Discuss and provide direction to staff to advertise a notice of public hearing at the next available City Council meeting. Attachments: A. Proposed Ordinance Page 297 of 339 CITY COUNCIL ORDINANCE NO . _________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, ADDING SECTION ______ OF THE BEAUMONT MUNICIPAL CODE ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY WHEREAS, the citizens of the City of Beaumont have been plagued with a significant increase of catalytic converter thefts from automobiles over the past several years; and WHEREAS , catalytic converter thefts increased 1,215% from 2019 and 2022, nationwide; and WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Beaumont to define and punish catalytic converter thefts absent an identifiable victim; and WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Beaumont to prosecute the recycling or sale of unlawfully obtained catalyti c converters, thus incentivizing criminal enterprise of catalytic converter thefts without a known victim; and WHEREAS, there are currently no City, State, or Federal legislation applicable within the City of Beaumont requiring individuals to provide proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement's ability to protect the public by preventing catalytic converter thefts and preventing law enforcement from seizing suspected stolen catalytic converters when no victim present; and WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including, but not limited to: (1) the ease and undetectable nature of committing the thefts in a matter of seconds using common tools such as a reciprocating saw, (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter, and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified; and WHEREAS, finding a suspect of these crimes is nearly impossible due to the undetectable nature of the catalytic converter thefts and catalytic converters being untraceable to link back to a victim (no identifying markers on the catalytic converters); and WHEREAS, due to lack of legislation defining and prosecuting these thefts, many of the catalytic converter theft cases in the City of Beaumont have gone unsolved, which is fundamentally unacceptable for the citizens of the City of Beaumont; and WHEREAS, the citizens of Beaumont and the Beaumont Police Department are in need of legislation for multiple reasons including, but not limited to: (1) deterrence by establishing zero- tolerance for catalytic converter thefts, (2) sanctions for possessing stolen catalytic converters, (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters, (4) providing indirect justice to the victims of catalytic converters whose cases will go unsolved, (5) reducing Part I crime statistics which have been substantially negatively impacted by catalytic converter thefts, and (6) minimizing the fiscal and personnel impact on the City of Beaumont invested in deterring and investigating catalytic converter thefts; and Page 298 of 339 WHEREAS, individuals who are in possession of stolen catalytic converters recycle them for substantial profit while victims of these thefts suffer tremendous consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community; and WHEREAS, this Ordinance is necessary to provide the City of Beaumont Police Department clearly established legal authority to protect the public and deter this criminal activity. NOW, THEREFORE, the City Council of the City of Beaumont DOES HEREBY ORDAIN as follows: SECTION 1. The above recitals are true and correct and incorporated herein. SECTION 2. Section _________ of the Beaumont Municipal Code is hereby added to read in its entirety as follows: Section ___________ UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER Sec. __________- Unlawful Possession of a Catalytic Converter. A. It shall be unlawful to possess any catalytic converter that is not attached to a vehicle unless the possessor has valid documentation or other proof to verify they are in lawful possession of the catalytic converter. B. For purposes of this section, "lawful possession" includes being the lawful owner of the catalytic converter or in possession of the catalytic converter with the lawful owner's written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a "lawful possession." C. For purposes of this section, "documentation or other proof' means written document(s) that clearly identify the vehicle from which the catalytic converter originated and includes but is not limited to the following document types: bill of sale from the original owner with photographs, documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto -body shop , verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter, photographs of the vehicle from which the catalytic converter originated, vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number. The validity of "documentation or other proof' is based on the totality of the circumstances. D. Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Beaumont Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section. E. Each and every violation of this section may in the discretion of the District Attorney be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed Page 299 of 339 $1,000 or imprisonment in the county jail for a period of not more than 12 months, or by both such fine and imprisonment. F. The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law. SECTION 3. This Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines. SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 5. The City Clerk shall certify to the passage of this Ordinance and this Ordinance shall be published as required by law and shall take effect as provided by law. INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the ___ day of ___ 2023, by the following roll call vote: AYES: NOES ABSENT: ABSTAIN PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the ___ day of _____ 2023, by the following roll call vote: AYES: NOES ABSENT: ABSTAIN Page 300 of 339 _______________________ Julio Martinez III, Mayor Attest: _______________________ Nicole Wheelwright, Deputy City Clerk APPROVED AS TO FORM: ______________________________ John Pinkney, City Attorney Page 301 of 339 Staff Report TO: City Council FROM: Doug Story, Community Services Director DATE September 19, 2023 SUBJECT: Sixth Street Median Improvement Project - Monument Signs Description Provide an update on the progress of the Sixth Street Median Improvement Project and receive direction regarding the type of signage for the Right of Way. Capital Improvement Project (CIP) No. R-21 Background and Analysis: On June 1, 2023, a Professional Services Agreement was executed with Architerra Design Group to provide the landscape architecture and design services and the construction documents for the renovation of the Sixth Street Medians from Highland Springs Avenue headed west to Illinois Ave. Architerra was tasked with designing a monument to be placed at the entryway into the city nearest Highland Springs Ave. Three different right of way signage options have been provided: (1) monument sign (2) modern four post pylon sign, and (3) historical sign. Staff is seeking feedback from Council on the design options. Fiscal Impact: The estimated cost to prepare this report is $375. R-21 6th Street Medians Project Accounting Summary Funding Summary Funding Year Funding Source Amount 22/23 GF $2,000,000 Total Project Funding = $2,000,000 Budget Summary Project Component Budget Encumbered Paid to Date Remaining Budget Page 302 of 339 Project Management $75,000 $0 $0 $75,000 Preliminary Services $0 $0 $0 $0 Environmental $0 $0 $0 $0 Design $63,010 ($63,010) $31,511 $31,499 Construction $1,820,000 $0 $0 $1,820,000 Construction Management $41,990 $0 $0 $41,990 Permits $0 $0 $0 $0 Equipment $0 $0 $0 $0 Project Summary Totals $2,000,000 ($63,010) $31,511 $1,968,489 Recommended Action: Provide staff with feedback on design options as presented. Attachments: A. Concept Design Plans for Median Monuments Page 303 of 339 Page 304 of 339 Page 305 of 339 Staff Report TO: City Council FROM: Lisa Leach, CPA, Assistant Finance Director DATE September 19, 2023 SUBJECT: Re-Appropriation of FY23 Unexpended Expenditures, Budget Overages, and Project Funding Rollovers Description Re-Appropriation and budget adjustment. Background and Analysis: FY23 Unexpended Expenditures Per the City of Beaumont Financial Management Policy, unexpended appropriations cannot be used in subsequent fiscal years unless re-appropriated by the City Council. Unexpended expenditures result in an increase in fund balance when actual revenues exceed expenditures at the end of the FY. In the case of planned use of reserves, the reserves are left within the fund balance and are available for allocation. Re- appropriation of these funds will allow for the budgetary authorization of the requests below that were budgeted in FY23 and for various reasons could not be spent and need to be re-appropriated into the FY24 budget. General Fund In FY23, the City Council approved various one-time purchases within the FY23 budget. Due to supply chain issues, shipping delays and unanticipated service delays, the items or services were not completed within FY23. Attachment A provides a detailed listing of requested carryover items for re-appropriation from the FY23 budget. The need for these items or contractual obligations should be recognized within the FY24 spending authority provided by the City Council. Below is the department needs for re - appropriation in the amount of $2,458,456. All department requests are within the FY23 original appropriated amount. Department Amount City Clerk $107,000 Administration $1,018,215 IT $14,314 Page 306 of 339 Economic Development $709,500 Police $27,092 Building and Safety $36,275 Street Maintenance $57,133 Building Maintenance $44,077 Community Services $6,545 Parks and Grounds $196,767 TOTAL $2,216,918 Wastewater Wastewater operations experienced similar delays and are requesting reappropriation of FY23 funds to cover receipt of items within FY24.These items are also provided in detail in Attachment A. Department Amount Wastewater $122,982 Internal Service Fund The FY23 Internal Service Fund budget had appropriated vehicles within the City’s fleet as identified as needing replacement. With the lack of supply these vehicles have been difficult to obtain, however, the vehicles’ replacement need remains. City staff are requesting the Council to re-appropriate the remaining vehicles and leftover outfitting costs within the FY23 budget that were not able to be purchased nor outfitting services performed before year end. This will authorize staff to obtain these vehicles and supplemental costs when and if they become available withi n FY24. Details of the request is provided within Attachment A. Fund Amount Internal Service Fund - IT $3,959 Internal Service Fund – Vehicles $94,597 TOTAL $98,556 Other Special Revenue Fund The FY23 Other Special Revenue Fund budget had miscellaneous appropriated items such as Program Costs for the Opioid Settlement as well as SB1383 Costs for the Recycling Program. Training is continuing for Opioid Abuse and the Compost Recycling video is still in the creation stage. City staff is requesting Council to re-appropriate these funds within the FY23 budget that were not able to be spent. Details of the request are provided within Attachment A. Page 307 of 339 Fund Amount PD – Program Costs Opioid Settlement $8,000 Recycling Program – SB 1383 Costs $12,000 TOTAL $20,000 Grand Total of All Re-Appropriations = $2,458,456 Budget Overages Per the City of Beaumont Financial Management Policy, the City Manager will have the authority to amend budgets within a departmental appropriation. When all appropriation categories have gone overbudget within a department, City Council will need to approve a budget adjustment to make the department budget whole. Attachment B is a budget adjustment form with the listing of three departments that went over budget in all categories. The total overage is $10,970.80 collectively. The funds will come from a portion of the remaining balance of the Admin Department Contingency line item in the FY23 budget. For transparency purposes, Attachment C was created to show how all departments including Transit and Wastewater faired by year end. Green highlighted departments needed amending within a departmental appropriation (City Manager approval level per policy) and the yellow highlighted departments correspond with Attachment B and are department overages that require City Council approval. Project Funding Rollovers Capital Improvement Projects are budgeted in the first year of programming in the Capital Improvement Plan. These funds are not always spent in the year of appropriation. Many projects span over multiple years and require reappropriation to keep within spending authority of the funds providing the funding source. Attachment D shows the detail needed to reappropriate for capital improvement projects within the CIP in the amount of $65,988,892. Fiscal Impact: The impact of General Fund adjustments is to increase expenditure authority by $2,216,913 and will reduce the fund balance in the General Fund by the same amount. The impact of Wastewater adjustments is to increase expenditure authority by $122,982 and will reduce the fund balance by the same amount. The impact of Internal Service Fund adjustment is to increase expenditure authority by $98,555 and will decrease the fund balance by the same amount. Page 308 of 339 The impact of Other Special Revenue Fund adjustment is to increase expenditure authority by $20,000 and will decrease the fund balance by the same amount. The impact to the General Fund reserves through funds available in the FY23 Admin Budget contingency line item is $10,971 The impact of the Capital Improvement Projects is to increase expenditure authority by $65,988,892 and will reduce the fund balance by the same amount. Recommended Action: Approve the proposed Re-appropriation of General Fund expenditures in the amount of $2,216,913, and Approve the re-appropriation of Wastewater expenditures in the amount of $122,982, and Approve the proposed re-appropriation of Internal Service Fund expenditures in the amount of $98,555, and Approve the proposed re-appropriation of Other Special Revenue Fund expenditures in the amount of $20,000, and Approve the budget adjustment of $10,971, and Approve the re-appropriation of Capital Improvement Projects of $65,988,892. Attachments: A. Re-Appropriation of General Fund FY23 Expenditures B. Budget Adjustment Form C. FY23 General Fund Analysis of Departments D. Project Funding Sources Detail E. Capital Improvement Projects Budget Adjustment Form Page 309 of 339 Re-Appropriation of FY23 Expenditures Attachment A Account Type Department Type of Expense Account Number Action Requested of the City Council Current Budget Proposed Budget Increase/ (Decrease) Explanation General - Fund 100 Expense City Clerk Contractual Services 100-1150-7068-0000 Re-Appropriate Funds 53,600$ 160,600$ 107,000$ Document Scanning Project not completed- multi departments Expense Admin Contractual Services 100-1200-7068-0000 Re-Appropriate Funds 451,500$ 951,500$ 500,000$ On-Call Capital Improvement Mgmt Svc Expense Admin Contractual Services 100-1200-7068-0000 Re-Appropriate Funds 451,500$ 951,500$ 500,000$ The remaining $500k for Capital Improvement Mgmt Svc Expense Admin Contractual Services 100-1200-7068-0000 Re-Appropriate Funds 451,500$ 464,000$ 12,500$ General Fund Analysis for Public Services Expense Admin Contractual Services 100-1200-7068-0000 Re-Appropriate Funds 451,500$ 457,215$ 5,715$ Polco National Community Survey Expense Information Technology Software 100-1230-7071-0000 Re-Appropriate Funds 326,556$ 340,870$ 14,314$ Tyler Tech ERP Expense Economic Development Contractual Services 100-1235-7068-0000 Re-Appropriate Funds 202,258$ 411,758$ 209,500$ Downtown Revitalization Plan Expense Economic Development Program Costs 100-1235-7096-0000 Re-Appropriate Funds 550,000$ 1,050,000$ 500,000$ Downtown Incentive Package Expense Police Vehicles 100-2050-8060-0000 Re-Appropriate Funds 444,690$ 448,171$ 3,481$ Outfitting of emergency vehicles Expense Police Vehicles 100-2050-8060-0000 Re-Appropriate Funds 444,690$ 468,301$ 23,611$ Outfitting of emergency vehicles Expense Building & Safety Contractual Services 100-2150-7068-0000 Re-Appropriate Funds 9,000$ 45,275$ 36,275$ Energov Training and Fixes Expense Streets Contractual Services 100-3250-7068-0000 Re-Appropriate Funds 165,200$ 193,613$ 28,413$ Pro West GIS Services AS-builts Expense Streets Street Light Maint - 4 Seasons 100-3250-7012-0000 Re-Appropriate Funds 75,000$ 84,471$ 9,471$ South Coast Lighting and Design Expense Streets Special Dept Supplies 100-3250-7070-0000 Re-Appropriate Funds 404,567$ 415,040$ 10,473$ South Coast Lighting and Design Expense Streets Special Dept Supplies 100-3250-7070-0000 Re-Appropriate Funds 404,567$ 413,343$ 8,776$ Valmont Industries Expense Building Maint Vehicles 100-6000-8060-0000 Re-Appropriate Funds -$ 44,077$ 44,077$ F250 Truck purchase Expense Community Services Contractual Services 100-1550-7068-0000 Re-Appropriate Funds 51,925$ 58,470$ 6,545$ Security Signal Devices - alarm duct re-wiring Expense Parks and Grounds Vehicles 100-6050-8060-0000 Re-Appropriate Funds 230,000$ 381,658$ 151,658$ Skiploader/Backhoe Expense Parks and Grounds Special Dept Supplies 100-6050-7070-5400 Re-Appropriate Funds -$ 21,192$ 21,192$ Sator Sports equipment Expense Parks and Grounds Special Dept Supplies 100-6050-7070-5400 Re-Appropriate Funds -$ 23,917$ 23,917$ Booster Pump/Install Sports Park 2,216,918$ General Fund Total Wastewater - Fund 700 Expense Wastewater Contractual Services 700-4050-7068-0000 Re-Appropriate Funds 1,433,906$ 1,453,986$ 20,080$ TR Holliman Change of Use Permit and Adaptive Mgmt Planning Svc Page 310 of 339 Expense Wastewater Contractual Services 700-4050-7068-0000 Re-Appropriate Funds 1,433,906$ 1,472,006$ 38,100$ TR Holliman Recycled Water Implementation Facilitator Svcs Expense Wastewater 700-4050-8040-0000 Re-Appropriate Funds -$ 13,900$ 13,900$ Bay Alarm - Camera Install Expense Wastewater Contractual Services 700-4050-7068-0000 Re-Appropriate Funds 1,433,906$ 1,443,896$ 9,990$ California Hazarous Services Inc Expense Wastewater Contractual Services 700-4050-7068-0000 Re-Appropriate Funds 1,433,906$ 1,474,818$ 40,912$ Restoration/Add electrical gates 122,982$ Wastewater Total ISF - Fund 600 Expense IT - 1230 ISF IT Equipment Replacement 600-5150-7072-0000 Re-Appropriate Funds 402,005$ 405,964$ 3,959$ CDCE - Mount installation for Subaru Expense Parks/Grounds - 6050 Vehicles 600-5050-8060-0000 Re-Appropriate Funds 1,186,820$ 1,230,897$ 44,077$ F250 Truck purchase Expense PD - 2050 ISF Vehicles 600-5050-8060-0000 Re-Appropriate Funds 1,186,820$ 1,213,540$ 26,720$ Outfitting of emergency vehicles Expense PD - 2050 ISF Vehicles 600-5050-8060-0000 Re-Appropriate Funds 1,186,820$ 1,210,620$ 23,800$ Vantage ID Applications - 6 computer tablets for new vehicle install 98,556$ Internal Service Fund Total Other Special Revenue - Fund 240 Expense PD - Program Costs - Opiod Settlement Program Costs - Opiod Settlement 240-2365-7096-0000 Re-Appropriate Funds -$ 8,000$ 8,000$ Opiod Abuse and Fentanyl Training Expense Recycling Program SB 1383 Costs 240-2371-7096-0000 Re-Appropriate Funds -$ 12,000$ 12,000$ Compost Recycling video - still being created 20,000$ Other Special Revenue Fund Total 2,458,456 Grand Total of all Re-Appropriations Page 311 of 339 Attachment B DATE:6/30/2023 DEPARTMENT NAME:Finance PREPARED BY:Tara Astran APPROVED BY *Account Number for Example only Revenue = (Credit) Expense = Debit Revenue = (Credit) Expense = Debit Debit (Credit) ACCOUNT NUMBER ACCOUNT DESCRIPTION CURRENT BUDGET ADJUSTMENT NEW BUDGET AMT Explanations / Justification 100-1050-7066-0000 Travel/Training 12,500.00 462.35 12,962.35 Overbudget at Year End 100-2030-7039-0000 Code Enforcement - Weed Abatement 40,000.00 9,837.22 49,837.22 Overbudget at Year End 100-2080-7066-0000 Travel/Training 3,600.00 671.23 4,271.23 Overbudget at Year End 100-1200-7900-0000 Admin Contingency 150,000.00 (10,970.80) 139,029.20 To cover other department's over budget issue - TOTALS -$ Net Effect City of Beaumont Budget Adjustment Form FY 2023/2024 Page 312 of 339 FY22/23 General Fund analysis of departments and rollover possibilities Attachment C CM approval to move budget to cover overage as of 9/5/2023 Council approval needed to move budget to cover overage Department Personnel budget remaining amount Operating budget remaining amount Capital budget remaining amount Contingency budget amount remaining Transfers Overall (over)/under budget Notes: 1050 - City Council 685.95$ (1,148.30)$ -$ -$ (462.35)$ Will need Council approved budget adjustment 1150 - City Clerk 16,204.13$ 119,275.24$ -$ -$ 135,479.37$ No adjustments needed thus far 1200 - Admin 378,315.89$ 948,199.61$ -$ 98,101.41$ 1,424,616.91$ No adjustments needed thus far 1225 - Finance 129,288.66$ (65,054.25)$ -$ -$ 64,234.41$ Will need permission from CM to use excess Personnel budget to cover Operating 1230 - IT 177,607.98$ 99,523.43$ -$ -$ 277,131.41$ No adjustments needed thus far 1235 - Economic Dev 127,955.13$ 822,599.45$ -$ -$ 950,554.58$ No adjustments needed thus far 1240 - HR/Risk 89,018.12$ 4,698.94$ -$ -$ 93,717.06$ No adjustments needed thus far 1300 - Legal -$ 304,843.85$ -$ -$ 304,843.85$ No adjustments needed thus far 1350 - Community Dev/Planning 96,609.85$ 243,274.10$ -$ -$ 339,883.95$ No adjustments needed thus far 1550 -Parks/Rec 45,588.54$ 10,705.54$ -$ -$ 56,294.08$ No adjustments needed thus far 2000 - Animal Control 11,839.78$ (8,361.11)$ -$ -$ 3,478.67$ Will need permission from CM to use excess Personnel budget to cover Operating 2030 - Community Enh/Code Enforcement (1,786.87)$ (8,050.35)$ -$ -$ (9,837.22)$ Will need Council approved budget adjustment 2040 - OES -$ 2,200.00$ -$ -$ 2,200.00$ No adjustments needed thus far 2050- Police 56,117.71$ (78,512.67)$ 184,619.42$ -$ 162,224.46$ Will need permission from CM to use excess Personnel or Capital budget to cover Operating 2080 - K9 -$ (671.23)$ -$ -$ (671.23)$ Will need Council approved budget adjustment 2090- Police Support 456,541.22$ 21,603.52$ -$ -$ 478,144.74$ No adjustments needed thus far 2100 - Fire -$ 157,202.01$ 0.23$ -$ 157,202.24$ No adjustments needed thus far 2150 - Building and Safety 105,361.43$ 185,461.24$ 5,122.66$ -$ 295,945.33$ No adjustments needed thus far 3100 - Public Works 236,493.28$ 169,316.46$ (2,126.98)$ -$ 403,682.76$ Will need permission from CM to use excess Personnel or Operating budget to cover Capital Expenses 3250 - Street Maint 50,208.85$ 32,933.01$ (0.41)$ -$ 83,141.45$ No adjustments needed thus far 6000 - Building Maint 148,099.13$ 36,256.07$ 81,109.20$ -$ 265,464.40$ No adjustments needed thus far 6050 - Parks/Grounds Maint 129,961.23$ 510,517.01$ 168,460.62$ -$ 808,938.86$ No adjustments needed thus far -$ Transit - 750 101,558.81$ 25,653.78$ -$ -$ 100,000.00$ 227,212.59$ No adjustments needed thus far Transit - 760 -$ 103,346.52$ 1,655,049.25$ -$ -$ 1,758,395.77$ No adjustments needed thus far Wastewater - 700 678,288.95$ (301,886.83)$ 151,197.61$ -$ 262,705.57$ 790,305.30$ Will need permission from CM to use excess Personnel budget to cover Operating and the encumbrances need to be removed; $650k OH changed from Transfers to Operating w/out a budget adjustment WW: Admin OH of $650k was budgeted in Transfers Out making Operating be overbudget; if moved then Transfers Out will be overbudget Page 313 of 339 City of Beaumont Funding Sources Summary Open CIP Projects as of 9/12/23 ATTACHMENT D Measure A Projects earmarked from Source:22/23 R-08 8,792 R-24 1,638,936 1,647,728 SB1 Projects earmarked from Source:22/23 R-24 1,117,898 CFD Projects earmarked from Source:22/23 2017-005 (Pay-Go)3,099,000 PS-02 192,474 PS-03 155,467 P-09 492,128 P-10 2,021,837 P-11 27,391 P-16 351,567 P-17 249,640 PS-07 1,300,000 PS-08 150,000 8,039,504 CDBG - Reimburseable Projects earmarked from Source:22/23 R-24 503,086 R-35 130,000 633,086 Grants Projects earmarked from Source: 22/23 2017-009 24,600 2019-019 (Riv Co Flood Control)4,915,343 CD-02 (LEAP)55,160 P-13 (Prop 68)1,990 PS-04 233,000 T-03 (LCTOP)61,495 T-04 (STA)24,941 T-05 (STA)53,464 Page 314 of 339 T-07 (STA)1,400,000 T-08 (Multiple)25,531 T-12 (STA)8,233 T-13 (STA)78,758 T-14 (LTF)100,000 T-15 (STA)1,700,000 T-17 (SGR)48,437 8,730,951 Basic Services DIF Projects earmarked from Source:22/23 CF104 523,664 Road and Bridge DIF Projects earmarked from Source:22/23 2017-001 6,387,571 2017-012 750,000 2017-009 485,716 2019-009 7,546 R-01 600,000 R-12 1,390,188 9,621,021 Traffic Signal DIF Projects earmarked from Source:22/23 2017-009 430,000 R-02 95,090 R-11 34,888 R-13 274,400 834,378 Wastewater DIF Projects earmarked from Source:22/23 2017-006 1,173,215 WW-04 212,006 WW-09 2,000,000 WW-11 1,650,000 5,035,221 Recycled Water DIF Projects earmarked from Source:22/23 2017-005 1,872,364 Rail Road DIF Projects earmarked from Source:22/23 Page 315 of 339 2017-012 773,561 Fire Station DIF Projects earmarked from Source:22/23 2017-028 4,100,000 Police Facilities Mitigation DIF Projects earmarked from Source:22/23 PS-06 720,107 PS-07 795,747 1,515,854 Community Park DIF Projects earmarked from Source:22/23 P-10 914,828 Neighborhood Park DIF Projects earmarked from Source:22/23 P-05 1,349,000 Regional Park DIF Projects earmarked from Source:22/23 P-04 971,479 P-05 900,000 1,871,479 Recreation Facilities DIF Projects earmarked from Source:22/23 P-04 300,000 P-05 600,000 900,000 Internal Service Fund (ISF) Projects earmarked from Source:22/23 ISFB-01 6,030 ISFB-02 13,500 ISFB-03 5,850 ISFB-04 8,400 ISFB-06 140,841 ISFB-07 25,000 ISFB-08 109,000 ISFB-10 350,000 ISFB-11 175,000 ISFWW-01 36,988 ISFWW-02 234,884 CF-104 993,345 Page 316 of 339 2,098,839 TUMF Projects earmarked from Source:22/23 2017-009 3,368,000 2017-027 6,390,000 9,758,000 SLFRF Projects earmarked from Source:22/23 PS-05 Fire Truck Purchase 1,400,000 WW-05 (Mesa Lift Station - Wet Well Capacity Design)14,274 WW-11 (Mesa Lift Station Construction)100,000 1,514,274 WRCOG TIP FUNDING Projects earmarked from Source:22/23 2016-003P2 3,137,241 GRAND TOTAL 65,988,892 Page 317 of 339 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Orange County, CA T (714) 435-9591 San Diego, CA T (619) 501-4540 New Jersey T (609) 955-3393 New York T (212) 829-4399 www.sbemp.com BILLING DEPARTMENT accounting@sbemp.com REPLY TO: Palm Springs, California September 5, 2023 CITY OF BEAUMONT PROFESSIONAL SERVICES THRU: 8/31/2023 TOTAL DUE: $102,710.39 Sincerely, SBEMP,LLP By: Accounting Department Page 318 of 339 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Orange County, CA T (714) 435-9591 San Diego, CA T (619) 501-4540 New Jersey T (609) 955-3393 New York T (212) 829-4399 www.sbemp.com 1800 E Tahquitz Canyon Way Palm Springs, CA 92262 Fed. ID #33-0833010 Telephone 760-322-2275 Facsimile 760-322-2107 September 5, 2023 City of Beaumont E-MAIL INVOICES Our file no: City of Beaumont*Cazares&Rosa Professional services through: 8/31/2023: Invoice # 81915 Amount BALANCE DUE – PLEASE SUBMIT PAYMENT: $10,514.59 Page 319 of 339 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Orange County, CA T (714) 435-9591 San Diego, CA T (619) 501-4540 New Jersey T (609) 955-3393 New York T (212) 829-4399 www.sbemp.com 1800 E Tahquitz Canyon Way Palm Springs, CA 92262 Fed. ID #33-0833010 Telephone 760-322-2275 Facsimile 760-322-2107 September 5, 2023 City of Beaumont E-MAIL INVOICES Our file no: City of Beaumont*Deryke Professional services through: 8/31/2023: Invoice # 81916 Amount BALANCE DUE – PLEASE SUBMIT PAYMENT: $1,291.35 Page 320 of 339 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Orange County, CA T (714) 435-9591 San Diego, CA T (619) 501-4540 New Jersey T (609) 955-3393 New York T (212) 829-4399 www.sbemp.com 1800 E Tahquitz Canyon Way Palm Springs, CA 92262 Fed. ID #33-0833010 Telephone 760-322-2275 Facsimile 760-322-2107 September 5, 2023 City of Beaumont E-MAIL INVOICES Our file no: City of Beaumont*Iloputaife Professional services through: 8/31/2023: Invoice # 81917 Amount BALANCE DUE – PLEASE SUBMIT PAYMENT: $1,925.00 Page 321 of 339 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Orange County, CA T (714) 435-9591 San Diego, CA T (619) 501-4540 New Jersey T (609) 955-3393 New York T (212) 829-4399 www.sbemp.com 1800 E Tahquitz Canyon Way Palm Springs, CA 92262 Fed. ID #33-0833010 Telephone 760-322-2275 Facsimile 760-322-2107 September 5, 2023 City of Beaumont E-MAIL INVOICES Our file no: City of Beaumont*Murphy Professional services through: 8/31/2023: Invoice # 81918 Amount BALANCE DUE – PLEASE SUBMIT PAYMENT: $4,978.95 Page 322 of 339 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Orange County, CA T (714) 435-9591 San Diego, CA T (619) 501-4540 New Jersey T (609) 955-3393 New York T (212) 829-4399 www.sbemp.com 1800 E Tahquitz Canyon Way Palm Springs, CA 92262 Fed. ID #33-0833010 Telephone 760-322-2275 Facsimile 760-322-2107 September 5, 2023 City of Beaumont E-MAIL INVOICES Our file no: City of Beaumont*Ochoa Professional services through: 8/31/2023: Invoice # 81919 Amount BALANCE DUE – PLEASE SUBMIT PAYMENT: $357.50 Page 323 of 339 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Orange County, CA T (714) 435-9591 San Diego, CA T (619) 501-4540 New Jersey T (609) 955-3393 New York T (212) 829-4399 www.sbemp.com 1800 E Tahquitz Canyon Way Palm Springs, CA 92262 Fed. ID #33-0833010 Telephone 760-322-2275 Facsimile 760-322-2107 September 5, 2023 City of Beaumont E-MAIL INVOICES Our file no: City of Beaumont*Police Dept Professional services through: 8/31/2023: Invoice # 81920 Amount BALANCE DUE – PLEASE SUBMIT PAYMENT: $3,298.20 Page 324 of 339 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Orange County, CA T (714) 435-9591 San Diego, CA T (619) 501-4540 New Jersey T (609) 955-3393 New York T (212) 829-4399 www.sbemp.com 1800 E Tahquitz Canyon Way Palm Springs, CA 92262 Fed. ID #33-0833010 Telephone 760-322-2275 Facsimile 760-322-2107 September 5, 2023 City of Beaumont E-MAIL INVOICES Our file no: City of Beaumont*Reeves&Leggit Professional services through: 8/31/2023: Invoice # 81921 Amount BALANCE DUE – PLEASE SUBMIT PAYMENT: $247.50 Page 325 of 339 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Orange County, CA T (714) 435-9591 San Diego, CA T (619) 501-4540 New Jersey T (609) 955-3393 New York T (212) 829-4399 www.sbemp.com 1800 E Tahquitz Canyon Way Palm Springs, CA 92262 Fed. ID #33-0833010 Telephone 760-322-2275 Facsimile 760-322-2107 September 5, 2023 City of Beaumont E-MAIL INVOICES Our file no: City of Beaumont*Sandoval Professional services through: 8/31/2023: Invoice # 81922 Amount BALANCE DUE – PLEASE SUBMIT PAYMENT: $82.50 Page 326 of 339 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Orange County, CA T (714) 435-9591 San Diego, CA T (619) 501-4540 New Jersey T (609) 955-3393 New York T (212) 829-4399 www.sbemp.com 1800 E Tahquitz Canyon Way Palm Springs, CA 92262 Fed. ID #33-0833010 Telephone 760-322-2275 Facsimile 760-322-2107 September 5, 2023 City of Beaumont E-MAIL INVOICES Our file no: City of Beaumont*Urban Logic Professional services through: 8/31/2023: Invoice # 81923 Amount BALANCE DUE – PLEASE SUBMIT PAYMENT: $35,704.00 Page 327 of 339 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Orange County, CA T (714) 435-9591 San Diego, CA T (619) 501-4540 New Jersey T (609) 955-3393 New York T (212) 829-4399 www.sbemp.com 1800 E Tahquitz Canyon Way Palm Springs, CA 92262 Fed. ID #33-0833010 Telephone 760-322-2275 Facsimile 760-322-2107 September 5, 2023 City of Beaumont E-MAIL INVOICES Our file no: City of Beaumont*Weka Professional services through: 8/31/2023: Invoice # 81924 Amount BALANCE DUE – PLEASE SUBMIT PAYMENT: $165.00 Page 328 of 339 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Orange County, CA T (714) 435-9591 San Diego, CA T (619) 501-4540 New Jersey T (609) 955-3393 New York T (212) 829-4399 www.sbemp.com 1800 E Tahquitz Canyon Way Palm Springs, CA 92262 Fed. ID #33-0833010 Telephone 760-322-2275 Facsimile 760-322-2107 September 5, 2023 City of Beaumont E-MAIL INVOICES Our file no: City of Beaumont* WRCOG Professional services through: 8/31/2023: Invoice # 81925 Amount BALANCE DUE – PLEASE SUBMIT PAYMENT: $130.00 Page 329 of 339 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Orange County, CA T (714) 435-9591 San Diego, CA T (619) 501-4540 New Jersey T (609) 955-3393 New York T (212) 829-4399 www.sbemp.com 1800 E Tahquitz Canyon Way Palm Springs, CA 92262 Fed. ID #33-0833010 Telephone 760-322-2275 Facsimile 760-322-2107 September 5, 2023 City of Beaumont E-MAIL INVOICES Our file no: City of Beaumont*Wright Professional services through: 8/31/2023: Invoice # 81926 Amount BALANCE DUE – PLEASE SUBMIT PAYMENT: $9,622.90 Page 330 of 339 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Orange County, CA T (714) 435-9591 San Diego, CA T (619) 501-4540 New Jersey T (609) 955-3393 New York T (212) 829-4399 www.sbemp.com 1800 E Tahquitz Canyon Way Palm Springs, CA 92262 Fed. ID #33-0833010 Telephone 760-322-2275 Facsimile 760-322-2107 September 5, 2023 City of Beaumont E-MAIL INVOICES Our file no: City of Beaumont-Gen Lit Professional services through: 8/31/2023: Invoice # 81927 Amount BALANCE DUE – PLEASE SUBMIT PAYMENT: $5,802.50 Page 331 of 339 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Orange County, CA T (714) 435-9591 San Diego, CA T (619) 501-4540 New Jersey T (609) 955-3393 New York T (212) 829-4399 www.sbemp.com 1800 E Tahquitz Canyon Way Palm Springs, CA 92262 Fed. ID #33-0833010 Telephone 760-322-2275 Facsimile 760-322-2107 September 5, 2023 City of Beaumont E-MAIL INVOICES Our file no: City of Beaumont-Labor&Employ Professional services through: 8/31/2023: Invoice # 81928 Amount BALANCE DUE – PLEASE SUBMIT PAYMENT: $4,732.20 Page 332 of 339 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Orange County, CA T (714) 435-9591 San Diego, CA T (619) 501-4540 New Jersey T (609) 955-3393 New York T (212) 829-4399 www.sbemp.com 1800 E Tahquitz Canyon Way Palm Springs, CA 92262 Fed. ID #33-0833010 Telephone 760-322-2275 Facsimile 760-322-2107 September 5, 2023 City of Beaumont E-MAIL INVOICES Our file no: City of Beaumont-OverRetainer Professional services through: 8/31/2023: Invoice # 81929 Amount BALANCE DUE – PLEASE SUBMIT PAYMENT: $16,358.20 Page 333 of 339 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Orange County, CA T (714) 435-9591 San Diego, CA T (619) 501-4540 New Jersey T (609) 955-3393 New York T (212) 829-4399 www.sbemp.com 1800 E Tahquitz Canyon Way Palm Springs, CA 92262 Fed. ID #33-0833010 Telephone 760-322-2275 Facsimile 760-322-2107 September 5, 2023 City of Beaumont E-MAIL INVOICES Our file no: City of Beaumont-Retainer Professional services through: 8/31/2023: Invoice # 81930 Amount BALANCE DUE – PLEASE SUBMIT PAYMENT: $7,500.00 Page 334 of 339 Bank Name Beginning Bank  Balance August 1,  2023 Deposits Payments Ending Bank  Balance August  31, 2023 Wells Fargo Checking 346,900.00           35,595,229.61   32,921,756.61   3,020,373.00        Wells Fargo ‐ Sweep 63,183,916.58     3,531,377.28     32,479,270.93   34,236,022.93     Bank of Hemet ‐ Payroll 816,491.06           2,500,000.00     1,603,175.31     1,713,315.75        Bank of Hemet ‐ Gas Tax 4,057,425.87       387,499.48         ‐                       4,444,925.35        Bank of Hemet ‐ Evidence and Seizure Fund 344,364.28           29.25                    ‐                       344,393.53           Bank of Hemet ‐ Construction 8,185,695.14       695.22                 ‐                       8,186,390.36        BMO Harris Bank ‐                         US Bank Portfolio 69,652,990.73     249,155.54        435.33                69,901,710.94     US Bank Liquidity 11,199,860.62     45,203.90           70.00                   11,244,994.52     PARS 2,580,621.01       2,580,621.01        Wilmington Trust 37,498,542.85     34,884,600.09   17,528,703.85   54,854,439.09     Grand Total 197,866,808.14  42,309,190.28  84,533,412.03  135,672,747.39   Summary of Cash Balances Page 335 of 339 *Beginning Balances are not final until the prior fiscal year is closed. Beginning Fund Balance FY 2024 Budgeted Revenues FYTD 2024 Actual Receipts %FY 2024 Budgeted Expenditures FYTD 2024 Actual Disbursements %T/D Ending Fund Balance 100 GENERAL FUND 27,867,565.42 67,789,803.00 3,279,497.02 5%67,789,803.00 12,514,364.40 18%18,632,698.04 120 SELF INSURANCE 6,329,219.38 - - 0%- 16,775.74 0%6,312,443.64 200 GAS TAX 346,582.27 1,566,996.00 257,940.28 16%1,566,996.00 - 0%604,522.55 201 SB1 2,329,870.55 1,353,950.00 104,506.02 8%900,840.00 - 0%2,434,376.57 202 MEASURE A 2,780,221.98 743,600.00 - 0%616,800.00 - 0%2,780,221.98 205 AQMD 249,545.23 72,300.00 - 0%- - 0%249,545.23 210 PEG 35,714.17 19,238.00 - 0%14,630.00 2,131.15 15%33,583.02 215 CDBG/GRANTS 278,536.32 2,430,000.00 437.95 0%2,476,343.00 - 0%278,974.27 220 COPS 535,930.60 159,459.00 - 0%71,168.00 - 0%535,930.60 225 ASSET SEIZURES (STATE)293,453.36 - 24.27 0%- - 0%293,477.63 230 ASSET SEIZURES (FEDERAL)59,719.24 - 0.58 0%- - 0%59,719.82 240 OTHER FUNDS 411,641.73 52,839.00 1,637.48 3%52,839.00 1,075.00 2%412,204.21 250 CFD-ADMIN (67,067.62) 1,802,415.00 - 0%1,802,415.00 30,000.16 2%(97,067.78) 255 CFD-MAINT SVCS 3,229,516.61 3,950,426.00 39,224.94 1%4,500,426.00 - 0%3,268,741.55 260 CFD-PUBLIC SAFETY 763,341.34 1,086,506.00 9,450.51 1%1,086,506.00 - 0%772,791.85 500 GENERAL CAPITAL PROJECTS 35,247,327.51 57,179,719.00 5,562,336.21 10%57,179,719.00 127,271.83 0%40,682,391.89 510 CFD CAPITAL PROJECTS 13,314,265.99 1,058,869.00 - 0%2,800,000.00 - 0%13,314,265.99 550 DIF 6,728.22 - - 0%- - 0%6,728.22 552 BASIC SERVICES DIF 1,791,012.59 238,218.00 11,830.75 5%- - 0%1,802,843.34 554 GENERAL PLAN DIF 231,129.48 27,953.00 2,145.65 8%- - 0%233,275.13 555 RECREATIONAL FACILITIES DIF 2,500,479.58 391,556.00 13,789.89 4%- - 0%2,514,269.47 556 TRAFFIC IMPACT DIF 1,864,865.82 174,068.00 5,340.75 3%150,000.00 - 0%1,870,206.57 558 RAILROAD CROSSING DIF 2,963,580.19 195,490.00 5,739.43 3%- - 0%2,969,319.62 559 POLICE FACILITIES DIF 1,856,318.52 282,666.00 13,877.56 5%- 0%1,870,196.08 560 FIRE STATION DIF 5,799,822.34 354,691.00 24,000.90 7%- - 0%5,823,823.24 562 ROAD AND BRIDGE DIF 11,962,567.03 1,388,471.00 48,624.95 4%1,720,000.00 - 0%12,011,191.98 566 EMERGENCY PREPAREDNESS DIF 806,387.02 344,446.00 18,104.57 5%- - 0%824,491.59 567 COMMUNITY PARK DIF 2,987,066.06 624,440.00 - 0%- - 0%2,987,066.06 568 REGIONAL PARK DIF 1,993,087.75 - - 0%- - 0%1,993,087.75 569 NEIGHBORHOOD PARK DIF 3,776,516.36 756,574.00 - 0%- - 0%3,776,516.36 570 PASS THROUGH DIF - - TOTALS 132,544,945.04 144,044,693.00 9,398,509.71 7%142,728,485.00 12,691,618.28 9%129,251,836.47 GOVERNMENTAL FUNDS Page 336 of 339 Beginning Fund  Balance FY 2023  Estimated  Revenues FYTD 2023 Actual  Revenues % FY 2023  Budgeted  Expenditures FYTD 2023  Actual  Expenditures %T/D Ending Fund  Balance 564 RECYCLED WATER DIF 4,140,089.02           442,851.00        95,026.11            21% 2,100,000.00      ‐                       0% 4,235,115.13        600 INTERNAL SERVICE FUND 7,402,606.27           1,814,483.00      ‐                        0% 4,856,751.00     494,182.33        10% 6,908,423.94        700 WASTEWATER 7,487,759.06           13,422,801.00  (1,480,323.14)      ‐11% 13,603,377.00  1,027,368.12     8% 4,980,067.80        705 WASTEWATER DIF 9,807,222.30           2,172,351.00     109,968.11          5% 2,700,000.00      ‐                       0% 9,917,190.41        710 WASTEWATER CAPITAL PRO 107,249,189.60      12,456,153.00  261,309.30          2% 12,456,152.00   ‐                       0% 107,510,498.90   750 TRANSIT 328,423.10              2,993,669.00     659,809.77          22% 2,993,669.00     379,454.08        13% 608,778.79           760 TRANSIT CAPITAL PROJECTS 2,728,536.28           10,650,833.00   ‐                        0% 10,650,833.00  104,032.09        1% 2,624,504.19        TOTALS 139,143,825.63      43,953,141.00  (354,209.85)         ‐1% 49,360,782.00  2,005,036.62     4% 136,784,579.16   PROPRIETARY/ENTERPRISE FUNDS Page 337 of 339 Pending Litigation Against the City (does not include litigation initiated by the City or cases against the City that may not have been served) 1. Ezekwesili Iloputaife, et. al. v. City of Beaumont et. al., Riv. Co. Sup. Ct. Case No. CVRI 2105069 (Plaintiffs’ Writ Petition Denied/Pleading Stage on City’s Cross- Complaint) 2. Ezekwesili Iloputaife, et. al. v. City of Beaumont et. al., U.S. Dist. C.D. Cal. Case No. 5:21-CV-01452-JWH-AGR (Stayed) 3. Nicholas Norman v. City of Beaumont, U.S. Dist. Ct. C.D. Cal. Case No. 5:2023cv00308 (Discovery Stage) 4. Paula Ann Wright v. City of Beaumont, Riv. Co. Sup. Ct. Case No. CVRI2204721 (Discovery Stage) 5. Carolyn Deryke v. City of Beaumont et. al., Riv. Co. Sup. Ct. Case No. CVRI2300070 (Discovery Stage) 6. Juan Gabriel Cazares et. al. v. City of Beaumont, Riv. Co. Sup. Ct. Case No. CVRI2300446 (Pleading Stage) 7. Smith v. Waste Management Collection and Recycling, Inc., City of Beaumont, Riv. Co. Sup. Ct. Case No. CVRI2304048 (Pleading Stage) (*SBEMP has recused itself from this matter due to one of its attorneys doing work for Waste Management. Burke Williams Sorenson is handling). To: City Council From: John O. Pinkney, City Attorney Date: September 12, 2023 Re: List of Pending Litigation Against City of Beaumont Page 338 of 339 Page 339 of 339